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09-24-01 Town Council Packet C � �� � - ��► - � � 'Prawe r ya Cle SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA 09-24-01 COUNCIL PICTURES 12 NOON REGULAR MEETING CALL TO ORDER AT 12:30 P.M. Item No. 1: ROLL CALL Item No. 2: EXECUTIVE SESSION 12:30 TO 1:00 P.M. - Colorado revised Statues 24-6-4-2 (4) (b) - Snowmass Village Municipal Code Chapter 2, Article III, Section 2-45 (c) (2) Executive Sessions. AT THIS TIME THE TOWN COUNCIL WILL ADJOURN THE PUBLIC MEETING CURRENTLY IN PROGRESS AND CONVENE AN EXECUTIVE SESSION WHICH WILL BE CLOSED TO THE PUBLIC. THE TOPIC DISCUSSED IN THE EXECUTIVE SESSION WILL BE: CONFERENCE WITH THE TOWN ATTORNEY FOR THE TOWN FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS REGARDING WOODRUN V LITIGATION AND RODEO LAND ACQUISITION Item No. 3: PUBLIC HEARING — RESOLUTION NO. 36, SERIES OF 2001 TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A RESOLUTION CONCERNING THE PRELIMINARY PLAN PUD AMENDMENT FOR THE SNOWMASS CLUB PHASE II DEVELOPMENT PROPOSAL, INCLUDING THE CONDOMINIUMIZATION OF 21 MULTI-FAMILY UNITS INTO 1/8 SHARES TIMESHARES VIA A SUBDIVISION EXEMPTION -- Jim Wahlstrom (Continued from 09-17-01 Meeting) . . . . . . . . . . . . . . . . . . . . . . . . Page 1 (Tab A) Item No. 4: SECOND READING — ORDINANCE NO. 22, SERIES OF 2001 SECOND READING AND CONSIDERATION OF AN ORDINANCE GRANTING SNOWMASS CLUB ASSOCIATES, LLC AUTHORIZATION TO COMMENCE CERTAIN CONSTRUCTION ACTIVITIES WITHIN PARCEL 10, SNOWMASS CLUB SUBDIVISION AND LOT 1, SNOWMASS CLUB PUD -- Chris Conrad. . . . . . . . . . . .Page 27 (Tab B) 09-24-01tc Page 2 Item No. 5: 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 OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING DATE: MONDAY, SEPTEMBER 17, 2001 (Continued to September 24, 2001) LOCATION: SNOWMASS VILLAGE TOWN COUNCIL CHAMBERS 0016 KEARNS ROAD 2ND FLOOR SNOWMASS CENTER BUILDING REASON: TO RECEIVE PUBLIC COMMENT ON: RESOLUTION 36, SERIES 2001, (APPROVING/DENYING) THE PRELIMINARY PLAN PUD AMENDMENT FOR THE SNOWMASS CLUB PHASE II DEVELOPMENT PROPOSAL, INCLUDING THE CONDOMINIUMIZATION OF 21 MULTI-FAMILY UNITS INTO 1/8 SHARE TIMESHARES VIA A SUBDIVISION EXEMPTION. TIME: AT A MEETING, WHICH BEGINS AT 4:00 P.M. THE EXACT TIME OF THE HEARING WILL BE DETERMINED BY THE AGENDA. INFO: TELEPHONE: 923-3777 INTERNET ACCESS TO COUNCIL E-MAIL: http://www.tosv.com CITIZEN FEEDBACK HOTLINE: 922-6727 Rhonda B. Coxon, Deputy Town Clerk Posted and Published in the Glenwood Post on August 17, 2001 Published in the Snowmass Sun on August 22, 2001 Posted for continuation on September 21, 2001 clerk @tosv.com _1 TOWN COUNCIL COMMUNIQUE Meeting Date: September 24, 2001 Agenda Item: Public Hearing Item— Review of Resolution No. 36 Series of 2001: Snowmass Club Phase II PUD-- Preliminary Plan PUD Amendment Presented By: Jim Wahlstrom, Senior Planner Core Issues: The attached resolution was written to incorporate the Town Council conditions per the discussions on September 4, 10 and 17, 2001 along with many of the Planning Commission recommendation which were not subjects of debate or contradiction with the Council conditions. General Info: Attachment: • Draft of Town Council Resolution No. 38, Series of 2001 for the Snowmass Club Phase II Preliminary Plan PUD Council Options: • Approve the resolution as written; • Approve the resolution with modifications; or • Deny the resolution. Staff Staff recommends that the Town Council approve the resolution. Recommendation: TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 36 SERIES OF 2001 RESOLUTION NO. 36, SERIES OF 2001, APPROVING THE PRELIMINARY PLAN PUD AMENDMENT FOR THE SNOWMASS CLUB PHASE II DEVELOPMENT PROPOSAL, INCLUDING THE CONDOMINIUMIZATION OF 21 MULTI-FAMILY UNITS INTO 1/8 SHARE TIMESHARES VIA A SUBDIVISION EXEMPTION. WHEREAS; the Town of Snowmass Village Planning Director had previously determined that the proposed Project qualified for review as a Major Planned Unit Development ("PUD") application in accordance with the procedures specified within Section 16A-5-300(b) of the Snowmass Village Municipal Code (the "Municipal Code°); and WHEREAS, Town Council Resolution No. 6, Series of 2001, was approved on January 20, 1999 following review of the Project's Sketch Plan submission; and WHEREAS, Snowmass Club Associates and the Aspen Skiing Company submitted on June 22, 2001 a Preliminary Plan PUD Amendment application for Snowmass Club Phase II involving Parcels 3, 4 and 10 of the Snowmass Club Land Use Plan; and WHEREAS, the submission also involves: 1) The construction of 21 118 fractional ownership condominiums averaging 2,400 square feet in size and consisting of four 3-bedroom units, thirteen 4-bedroom units and four 5- bedrooms units; 2) A Subdivision Exemption and special review use for the condom iniumization of the 21 units in Phase 11; 3) A completely new 18-hole championship golf course of being approximately 7,000 yards in length, including the re-routing and re-numbering of the fairways; 4) Relocation of the softball field and events area approximately 250 feet to the west; 5) Construction of a new 5,100 square foot golf clubhouse (reduced from 7,560 square feet at Sketch Plan) with golf cart storage beneath; 6) A new 150-space parking facility to serve the golf clubhouse and special events area; 7) Construction of a permanent indoor Tennis structure and a Tennis Pro-Shop facility; 8) Reconfiguration of Phase 1 parking provisions to accommodate the Phase 11 proposal; 9) Widening to 22-feet with street width variance and extension of Clubhouse Drive to Brush Creek Road at Horse Ranch Drive; 10) Improvements to intersection at Snowmass Club Circle and Clubhouse Drive; 11) Stream restoration of Brush Creek; and 12) Improved trail connections. _3 . TC Reso 01438 Page 2 of 24 WHEREAS, the Planning Commission conducted their review of the Project August 8, 15 and 22, 2001 to consider all relevant materials and testimony in order to evaluate whether the Project application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards of the Municipal Code and whether the Preliminary Plan submission by the Applicant has responded to the direction given by the Town as stated within Resolution 6, Series of 2001. WHEREAS, the Planning Commission has made its findings and conditions per Resolution No. 24, Series of 2001; and WHEREAS, posted, mailed, and published notice of public hearing to be held before the Town Council on September 17, 2001 were provided in accordance with the public notice requirements of Section 16A-5-60 of the Municipal Code; and WHEREAS, such posting of the public hearing for September 17, 2001 was published in the Glenwood Springs Post on August 17, 2001 and subsequently in the Snowmass Sun on August 29, 2001; and WHEREAS, the Town Council conducted other public meetings or hearings on September 4, 10 and 24 to consider the application, this resolution, and to receive public comment; and WHEREAS, the Town Council conducted their review of the Project September 4, 10, 17 and 24, 2001 to consider all relevant materials and testimony in order to evaluate whether the Project application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards of the Municipal Code and whether the Preliminary Plan submission by the Applicant has responded to the direction given by the Town as stated within Resolution 6, Series of 2001 and the conditions recommended by the Planning Commission in its Resolution No. 24, Series of 2001. Section One. General Findings and Conditions. 1) Response to other Sketch Plan issues and concerns not addressed by the Preliminary Plan Questions. a) Softball Field/Events Area. i) A land area dedication of 220,000 square feet is acceptable for the proper size and orientation for site for recreational purposes, a softball field, events and festivals. A site plan of the affected area dated September 13, 2001 was presented with this application which addressed softball play, events and festivals, including a boundary TC Reso 01-36 Page 3 of 24 map of the dedicated area generally bound by Brush Creek Road on the north, Clubhouse Drive to the southeast, and the new clubhouse parking lot on the southwest. It was determined that the site is of adequate size to host softball, festivals and mufti-use recreation including soccer or open play space. ii) The plan for the redevelopment of the course delineates the independent land parcel of 220,000 square feet for the softball field, events, festivals and other recreational uses. Included with this application are schematic plan options for the reorientation of the playing field to take best advantage of sun angles and event staging. This plan was offered as a recommendation to the Town as part of the plan proposal involves the deeding of this land to the Town. iii) It is understood that the applicant will dedicate the land to the Town following the regrading and improvements of the softball field to the substantially same condition as it exists now during this application review. The applicant and the Town's Public Works Department shall coordinate the associated improvements for the site. iv) The applicant will consider striping the sod from the existing golf course for use at the new softball field/events area, but subject to recommendations of the golf course designer. In any event, the applicant agrees to make its best effort to make the site available for Labor Day 2002. v) Such dedication of the 220,000 square feet shall be conveyed by the applicant to the Town by one of the following methods: (1)A tract, lot or parcel dedication on the subdivision plat noting the ownership and uses; or (2) Special warranty deed conveying the designated tract, lot or parcel on the subdivision plat. 2) Zone district limitations. a) Height Limitations i) The Town Council took a 4-0 straw vote on September 17, 2001 and found that the Phase II development application, with a minor change from a gabled to hipped roof on the north end, meets the height variance criteria in the Municipal Code and agreed that the height rules applied to the Phase I development may be applied to the Phase 11 development. The height rule is a 44-foot height limit, but that 10% of 6�6 40 TC Reso 01-36 Page 4 of 24 the structure may exceed the limit up to a maximum of 48 feet in height. b) Building Setbacks and Arrangement i) The Town Council took a straw vote of 5-0 on September 10, 2001 in favor of the Phase II condominium buildings encroaching into 25-foot wetland and riparian setback areas as shown in the plans due to the following factors: (1) It allows the south condominium buildings to be placed farther away from the Villas North buildings; (2) It accommodates a fire access drive between the condominium buildings and Villas North for improved emergency access; (3)The condominium building locations are an improvement over the existing parking areas next to the creek or a proposed fire lane next to the creek; and (4)The overall impact to the surrounding environment is a net gain. ii) Town Council finds no unacceptable view impacts as a result of the Phase 11 development and finds the project is compatible with Villas North because: (1) The Phase II condominium buildings are placed a far as possible away from the Villas North complex; (2) Parking will be placed beneath the buildings; (3) There is a break between the two south condominium buildings; (4)The site sits at a lower grade than Villas North; and (5)A substantial vegetated buffer exists between the site and Villas North. c) There is not considered a significant concern about the uses within the existing Fairways Conference Center and the old clubhouse. The applicant indicated the following uses proposed for these buildings: i) Fairways Conference Center will be primarily used by: (1) The Rotary Club; G at* TC Reso 01-36 Page 6 of 24 (2) Villas related conferences or groups; and (3)Town oriented or public functions with valet parking service. ii) The old clubhouse will be primarily used by: (1)The property management for Club Villas; (2) Nordic operations; (3) Offices for existing Snowmass Club employees; and (4) Restrooms which are to remain in the building. 3) Comprehensive Plan. a) The Town Council agrees with the Planning Commission's recommendation that the proposed 21 condominium units with 118 share interests averaging 2,400 square feet is viewed as acceptable and does not conflict with Comprehensive Plan policies. 4) Architectural plans. The Town Council finds as follows: a) Condominium Buildings: i) The architectural designs of the Phase II condominium buildings are acceptable and viewed as an improved design over the Phase I architecture with the understanding that there will be a change of color scheme from dark green to reddish-brown to vary the designs of the buildings and that wood shingles will continue to be used as roofing materials for the Phase II construction. ii) The split in the southern-most condominium building is being retained in the design as per the Sketch Plan condition in an effort to create additional open space area, a view corridor from Villas North, and architecturally pleasing results. It is acknowledged that the improved articulation in the condominium buildings will further reduce visual impact as stated above under 2) Zone district limitations. iii) As per the Sketch Plan condition, the site plan shows that the south condominium buildings for Phase II are staggered and are not geometrically aligned to respond to the parking below. The access _71 TC Reso 01-36 Page 6 of 24 point is on the eastern side and the buildings have some curvature, which allows the buildings to respond to both grade and the location of the Brush Creek drainage way as well as take advantage of views to Mount Daly. This modulation gives the buildings and the site plan a natural appearance and reflects a site design which has responded to natural determinants rather than construction dictates. iv) In lieu of Sketch Plan suggestion to possibly angle the northern-most condominium building at the mid-point in order to lessen the linear appearance of the building and to create more open space between the units and the creek, the northern building has been staggered, by raising the grade approximately 10 feet for the west portion of the building, to create articulation and reduce the linearity and appearance of mass. This staggered design will allow the building to read as two separate buildings. This has the same or possibly a greater affect than what might be accomplished by changing the angles of the buildings at the mid point. v) As per the Sketch Plan recommendation of lowering the flat roof portion of the residential buildings, as a means to improve the separation and articulation of the roof forms, this option has been incorporated in the north condominium building design. The mid- section of the northern building has been lowered and the roofs of both buildings have been lowered at the ends to create a perception of lower buildings as viewed from the ground level. The roofs have been stepped from the center of the building so that the highest point is not viewed from the ground plane. At the pedestrian level the buildings are designed to be read as two story buildings. vi) TOSV Land Use and Development Code Section 16A-5-310, Review Standards, references compliance with Article IV and Code Section 16A-4-340, Building Design Guidelines to Preserve Community Character. Particularly, views from neighboring developments were evaluated per subsection 5) during the review of the Preliminary Plan PUD application. See above findings for reasons. b) Tennis Structure: i) Town Council acknowledges the applicant's commitment to provide vertical articulation in the east and west elevations of the Tennis Structure. In addition, further articulation of the roof plane is to be provided via double coursing of the wood shingle roofing material to improve the textured appearance of the roof plane. ii) The north elevation of the Tennis Structure facing Clubhouse Drive is acceptable due the increase in architectural relief elements and the 9 10 TC Reso 01-36 Page 7 of 24 clerestory roof feature. c) Tennis Center/Pro-Shop: i) The design of the Tennis Center/Pro Shop is acceptable. However, based upon the Town Council's desire, per the Planning Commission recommendation, to preserve options for contingency parking, the applicant has agreed not to construct this facility until a final determination has been made regarding the contingency parking by December 31, 2004. Such determination shall be by a parking analysis conducted by the applicant during a peak time of 2004. d) Clubhouse: i) The ranch design of the clubhouse including the reduction of square footage from 7,000 to 5,200 square feet is acceptable. The proposed lounge and outside seating could be utilized for expansion of the clubhouse in the future upon application to the Town for approval. ii) Town Council agrees with the Planning Commission's recommendation to incorporate securable day lockers for golfers within the clubhouse. 5) Landscaping and open space. The Planning Commission finds as follows: a) Landscape Design: i) The density of the landscaping between Phase II condominium buildings and Clubhouse Drive is acceptable. ii) The landscape and natural design intended along the creek including the trail connection between the Phase II condominium buildings is acceptable to the extent allowed by the Army Corps 404 Permit. iii) The applicant provided a revised landscape plan on September 13, 2001 which showed Colorado Spruce trees ranging from 14 to 20 feet in height at installation and placed around the tennis structure. Town Council finds the landscape plan acceptable for the purpose of "softening" the appearance of the tennis structure. iv) The orchard concept and density of landscaping in and around the clubhouse parking area is acceptable as indicated on the plans. � (? i TC Reso 01-36 Page 8 of 24 v) The detached walkway and natural grass buffer between Clubhouse Drive and the walkway is acceptable. vi) The applicant agreed to relocate extra existing trees, affected by the construction on the site, to the berms around Club Commons and the maintenance facility to improve the density of plantings on the berms. vii)It is acknowledged by a commitment noted in the application that upon final completion of both phases I and II of the project, the site will generate a total of approximately 42,000 square feet of building footprint site coverage and approximately 181,000 or 4.1 acres of paving for roadways and parking. The percentage of open space was calculated for the PUD parcels in this application. As part of the overall project and in cooperation with the neighbors and residents of the Snowmass Club PUD, additional areas were identified for deed restrictions and permanent commitment to open space. Given these considerations, all nominal and typical open space and site coverage design standards are exceeded in this application. viil)lt is acknowledged and committed to by the applicant that the golf course redevelopment plan calls for extensive improvement of the ponds, which will serve as both golf course water hazards and environmental features. Grading details for the ponds will be designed to create new wetlands and accommodate a new stream diverting it from Highline Road, therefore eliminating pollutants from the road and steep embankment. The creek rerouting is being designed per the Army Corps of Engineers requirements. The design process will integrate the Audubon design guidelines with the objective of reaching certification. The golf course design will create high quality wetlands as well as protection and enhancement of existing environmentally important areas. ix) The stream environment of Brush Creek adjacent to the new Phase II condominium buildings will be enhanced. Willows will be trimmed to enable rock weirs to be placed in the stream channel to create fish habitat per the Army Corps of Engineers requirements. The intent of the improvements is to incorporate the natural stream environment as the principal site amenity to the extent allowed by the permitting authorities. b) Lighting: i) A revised detailed lighting plan was provided with the Preliminary Plan PUD review. Due to concerns about too much lighting in the area, plans were revised to reduce the number of light fixtures and shows that a majority of the lighting will be limited to low-profile lighting, such /O OW TC Reso 01-36 Page 9 of 24 as the use of bollard lighting, and that other lighting for parking lots will be shielded and downcast with use of low-wattage light sources. A site lighting detail shall be provided with the Final Plan review. Further, lighting for the new 150-space clubhouse parking lot shall be turned off at night after closing the facilities. The applicant has committed to installing a timer for outdoor lighting associated with the golf course parking lot. ii) The applicant should consider shielding existing wall-mounted light fixtures in an attempt prevent off-premise glare from the light source. 6) Natural hazard areas. a) The impact upon the 30% slope areas at the Golf Clubhouse and the Condominium Buildings are all in previously disturbed, manmade areas and the contemplated improvements will enhance these areas. b) The applicant confirmed that there will be no retaining wall placed along the east side of Clubhouse Drive just north of Snowmass Club Circle despite the road improvements to 22 feet in width. c) The retaining wall locations, height and design are acceptable. The applicant confirmed the preference for angular dry stack stone for the retaining walls. d) The Applicant has filed a FEMA Conditional Letter of Map Revision ("CLOMR") application to change the 100-year floodplain boundary. The Applicant agrees to FEMA compliance prior to issuance of building permits for the Condominium Buildings. 7) Natural resource areas. a) A Brush Creek Impact Report was submitted with the application. The report adequately addressed both the stream improvements and rerouting to the original drainage way through golf course, reconfigured ponds as well as the channel improvements posed for the stream as it flows between the condominium buildings in Phase II adjacent to the Club. The improvements include vortex weirs, embankment stabilization, and removal of old concrete structures. These improvements are acceptable. b) The applicant's description to reroute the creek into the reconfigured ponds on the golf course and to overflow the south pond (east of the water and sanitation district) on occasion into the existing creek is acceptable as a means to improve the water quality down stream. �// dOO TC Reso 01-36 Page 10 of 24 c) The applicant shall provide adequate stream flows in Brush Creek to maintain sufficient aesthetic quality and fish habitat in the stream and ponds. d) The Town staff and applicant shall agree upon the specifications for the design features of the diversion structures. e) It is acknowledged by commitment from the applicant that work will continue with the TOSV design team to explore this possibility diverting Brush Creek and exposing the creek at the entry to the Village located near the northeast corner of the site. All design work must be approved by the Army Corps of Engineers and the TOSV-Skico hydrologist. Final design is pending Army Corps of Engineers approval. The design as proposed, places a new number 1 green in the vicinity of the area previously identified for this stream exposure. The applicant will continue to work through the golf course design process and bring back a detailed resolution of this plan objective after resolution of the roundabout intersection design. It is the intention of the applicant to provide this prior to the final review of final plat. f) The applicant agrees to implement the recommendations from their wildlife report, such as: 1. Reducing the attractiveness of the property for elk, mule deer, and black bears; 2. Protecting and restoring habitat for birds; 3. Managing weeds; and 4. Creating environmental educational opportunities. The exception being that the applicant and the Town shall not be required to provide terrestrial wildlife monitoring of the site, subject to the condition below. g) The Applicant committed to provide a three-year bird-monitoring program for four identified species and to provide habitat improvement for those species. -Q TC Reso 01-36 Page 11 of 24 8) Grading and drainage. a) Golf Course Improvements. i) A quality golf course design was defined by the James Engh Design Group which showed a complete reconstruction of the golf course, including routing, hole locations, tees, greens, cart paths, irrigation, grading and turf development. Such a design includes a groove of trees within the building complexes and a lynx-style golf course design with native plant material between the fairways. A new routing and illustrative plan for the new course in the application was explained. Some of the design elements included resculpting of the golf course to create improved visual interest from all angles and to separate play from existing residents in the area. The redesign and reconstruction of the golf course is acceptable and considered a community benefit. ii) The golf course redesign of the fairways and re-routing as described by the James Engh Design Group is acceptable provided that the final drainage and grading plans, including erosion control and revegetation plans are approved by the Town Engineer. b) 404 Permit Application i) The golf course redesign, including the deletion and replacement of wetlands and the deletion and reconfiguration of ponds, is acceptable provided the applicant provides the Town written consent and approval from the Army Corps of Engineers prior to issuance of grading permits and Condominium Building and Golf Clubhouse building permits following an approval of the Final PUD Plan. s) Transportation impacts. The Town Council finds as follows: a) Vehicular Access and Circulation: i) Clubhouse Drive Improvements. (1) The variance request to reduce the road width for Clubhouse Drive to a minimum of 22 feet is acceptable. It is understood that the road will vary in width from Snowmass Club Circle to Brush Creek Road with a minimum road width of 22 feet on the southern end, including shoulders and paved drainage pans, to 24 feet on the northern end, including shoulders. -13 TC Reso 01-36 Page 12 of 24 (2)The Clubhouse Road extension to Brush Creek Road to create a four-way intersection with Horse Ranch Road is acceptable provided there is compliance with the provisions concerning the Nordic crossing of the road (see Nordic issues section of this resolution). (3)There shall be no control point or gate in the middle of Clubhouse Drive in order to facilitate improved connectivity through the site and to potentially be allowed for use as a transit route in the future provided there is compliance with the provisions concerning the Nordic crossing of the road (see Nordic issues section of this resolution). (4)The applicant shall provide an access and fire lane easement to the Town for the new Clubhouse Drive alignment from Snowmass Club Circle to Brush Creek Road. (5)The applicant shall install a permanent street signs meeting Town standards for Clubhouse Drive at the affected intersections of Snowmass Club Circle/Clubhouse Drive and at Brush Creek Road/Clubhouse .Drive once the street and intersection improvements have been completed. ii) Traffic Impacts. (1)The extension of Clubhouse Drive to Brush Creek Road is viewed favorably and will divert golf and special events traffic away from the Snowmass Club core area. Traffic volumes will be reduced in the Country Club homes and Villas' area in the summer time. (2)A transportation and parking analysis was submitted with this application. This study includes an analysis of peak conditions and includes all components of the club program. The relocation of the driving range and golf clubhouse makes it possible to convert the existing golf parking to parking available for the Fairway Center, the old clubhouse and other Snowmass Club operations. This combined with expanded subsurface parking and the creation of a new 150-space golf parking area with alleviate the chronic parking shortage which the Club has faced in recent years, subject to observing the operations to determine by December 31, 2004 if the contingency parking area, mentioned under the Parking section of this resolution, is warranted. (3) The redesign of the intersection of Clubhouse Drive and Snowmass Club Circle, in compliance with the TOSV Land Use and Development Code criteria, shall be redesigned for improved sight I q .00 TC Reso 01-36 Page 18 of 24 distance and reaction time for turning movements. Such reconfiguration shall include a westbound right-turn slip lane with a center landscape island, or some variation of this design, and will` be installed prior to the completion and issuance ora Certificate of 6ccupancy for the Phase li condominium buildings. M)' Fire Access. (12) it is acknowledged that the site plan balances the need to respect the setback ffom the stream and the desire to provide a fire lane and road access on the southern side of the south Phase It condominium building. The buildings are located as close to the wetlands and riparian zone of the creek as possible as requested per the Sketch Plan review. The fire access and easement shalt be provided in compliance with the request from the Fire District. 'therefore, the 25-foot wetland setback encroachment is viewed acceptably in order to create the fire Pane access and to maintain adequate separation from the Wi as North complex. In addIffion, the area for the 25-foot setback is already disturbed by the existing parking areas. b) Parking FacHifies: i) A transportation and parking analysis was prepared with the Preliminary Plan application. Due to the relocation of the driving range and clubhouse in this Preliminary Plan submission, the existing 28 spaces of parking along Snowmass Club Circle wil be made available, year round for use by the Fairway Conference Center, the old clubhouse and other Club operations. The 28-space parking area "It require coordination of a license agreement through the Town's Public Works Department. It is Town Council's view that the 28 spaces along the road should remain subject to the golf crossing Improvements mentioned in the Pedestrian Circulation and Trails section of this resolution. ii) See the Pedestrian Circulation and Trails section of this resolution for a list of conditions regarding improvements to the golf crossing of Snowmass Club Circle. ill) Due to the fact that the off-street parking provision proposed is fewer than required by the TOSV Land Use and Development Code (468 required versus 426 provided, including the 28 spaces along Snowmass Club Circle), the plans shall continue to show a location for a future 39-space contingency parking lot to be constructed If the Town of Snowmass Village determines by December 31, 2004 that additional /C i TC Reso 01-56 Page 14 of 24 parking is needed for the site via the results of a parking analysis performed by the applicant during a peak time during the year 2004. if it is determined that the contingency parking is not needed at that time, then the applicant may install the Tennis Center Pro-Shop building and the 14-space adjoining parking area as depicted on the plan. Such improvements (the contingency parking or the building with adjoining parking area) shall be completed within twelve months after determination is made whether or not the contingency parking is needed. Again, such determination shall be made by December 31, 2004. c) Transit Issues: i) The Transportation Analysis presented both existing conditions and the plan for transportation improvements. Four bus stops are affected and included in the Phase II program: 1) Club Townhomes, 2) two for Snowmass Club, 3) Villas North on route number 3. These will be continued. In addition, as noted below, a new RFTA bus shelter on Brush Creek road will be constructed as part of this development program. A detail of the shelter will be provided in the Final PUD Plan. ii) The applicant represented a commitment to provide a bus shelter for the RFTA bus stop generally in the vicinity of where Clubhouse Drive extension meets Brush Creek Road. A detail of the shelter will be provided in the Final PUD Plan. This shelter will be installed within 180 days after the signing of the final Subdivision Plat for Phase II or sooner. iii) It is acknowledged that the main entrance to the Club off of Snowmass Club Circle will remain in its current location instead of relocated per the Sketch Plan proposal. iv) The existing pedestrian bridge will also remain and allow access to the bus stop and will provide a pedestrian connection to guests in the new south condominium building complex. d) Pedestrian Circulation and Trails; i) In lieu of the trail connections described in the Sketch Plan resolution, a new pedestrian trail is will be provided beside Clubhouse Drive as described below, and will not only provide public pedestrian access to the clubhouse but will also provide a direct connection and conflict-free access for residents of Club Commons to the rodeo grounds and the Brush Creek bus stop. It is acknowledged that the new golf course 00-1/(400 TC Reso 01.56 Page 16 of 24 routing plan, which is viewed favorably, will require the removal of the existing pedestrian trail which connects Club Commons to the Brush Creek RFTA stop. The new trail along the Clubhouse Drive extension will replace the existing trail. ii) A minimum four-foot wide attached walkway will be constructed by the applicant along Clubhouse Drive from the Phase II condominium buildings to the clubhouse parking lot in lieu of a detached walkway due to existing improvements, site constraints, and a drainage swale. From there, a detached walkway with a native landscaped parkway will be provided to Brush Creek Road. It is acknowledged that there will be minimal landscaping at the southeast corner of the tennis structure due to existing site constraints. iii) The applicant represented a commitment to construct an interconnecting trail along and between the northem-most condominium building and Brush Creek as shown on the plans, utilizing a meandering path and crusher-fines surface treatment, to connect Clubhouse Drive to Snowmass Club Circle and the existing trail located farther to the west across from the main entrance. iv) To improve the appearance of the culvert crossing for Brush Creek at Clubhouse Drive, as per the Sketch Plan, the application shows a three-sided or arched culvert to convey Brush Creek in this area. This design approach was recommended by the Corps of Engineers as a way to preserve the streambed. Town Council desires an aggregate finish or integrally colored concrete with scoring be utilized for the underneath portion of the bridge crossing in combination with the stone veneer to match the materials in the Phase II units. Adequate room on the bridge crossing will be provided for a pedestrian walkway with railings next to the road. v) Town Council finds that the existing crossing of East Brush Creek at Snowmass Club Circle should be improved to incorporate a concrete stain or similar treatment to assist in making the concrete structure blend in with the surrounding environment. vi) The existing pedestrian bridge is being retained in the plans and will service the new units in the southern condominium building as well as provide pedestrian access to the bus stop along Snowmass Club Circle. vii)The golf cart/pedestrian crossing at Snowmass Club Circle shall be improved to incorporate the following minimum improvements for aesthetic and safety reasons: / 7 TC Reso 0136 Page 16 of 24 (1) Construction of landscape islands on both sides of the crossing entries located on both sides of Snowmass Club Circle to improve sight distance and safety of golfers and pedestrians; (2) Provide a decorative or varied texture crossing surface, such as masonry pavers, colored concrete or similar surface material to aesthetically improvement and clearly define the crossing; (3) Utilize painting as necessary to alert motorists of the approaching crossing; (4) Retain the existing 28 parking spaces viii)The applicant has noted coordination efforts with the Town's Trails Committee including an agreement that has been reached concerning the location and alignment of all trail systems which go through the site, and staff shall coordinate a comprehensive trails map including the project site as depicted on the plans. ix) The new trail connection coming from the west or from the Brush Creek Road trail should be shifted up the hillside to improve the gradient for the trail. x) The applicant agrees to provide a future easement if necessary for a possible future underpass crossing at Brush Creek Road. xi) The applicant and the Town shall continue joint efforts and coordination, including studies and proper trail alignments, to provide a naturetfoot trail, similar to the Mayfly trail, along Brush Creek from Clubhouse Drive, then along the south side of the Water and Sanitation District facilities, and thence northeasterly to a point near the intersection of Brush Creek Road and Highline Road. The applicant shall provide the trail easement and the Town shall install the trail xii)An additional easement is to be provided by the applicant along the west side of Highline Road for a commuter bike trail to be installed by the Town in the future. xiii)The applicant shall provide an easement for a trail connection south of Snowmass Club Circle between Clubhouse Drive (by the Qwest facility) and Fairway Drive within the Country Club Estates development. xiv) The applicant represented a commitment to grant easements for all existing and proposed pedestrian and bicycle trails on the project site 'Q • TC Reso 01-36 Page 17 of 24 and represented in the Preliminary Plans prior to recordation of the Final Subdivision Plat. e) Nordic Issues: i) A general and non-specific license is agreed to by the applicant for the continued operation of Nordic skiing on the property in its generally historic location. ii) An accessible site shall be provided for a low impact seasonal shelter with power for housing the trail-grooming vehicle. The shelter is planned to be inset into the existing berm north of the maintenance facility. A license will be provided by the applicant to the TOSV. The existing but shall be made available until such time the Nordic Council completes the construction of the shelter. iii) It is understood by the applicant that the Nordic Council may use the existing underpass crossing at Snowmass Club Circle at East Brush Creek. iv) The applicant agrees to provide an easement for an overpass/underpass crossing of Clubhouse Drive if the Nordic Council desires such a crossing in the future. v) Regarding the Nordic Crossing of Clubhouse Drive, the applicant, the Town, Nordic Council, and the Fire District have agreed upon the following conditions: (1) The Fire District requires an all-weather driving surface for 365 days of a year; (2) A Nordic crossing will be provided on Clubhouse Drive generally located at the mid-point between Brush Creek Road and the clubhouse parking lot entrance; (3) Such crossing to include a maximum of six inches of packed snow 20 feet wide over Clubhouse Drive with a possible unsecured matting or straw to be maintained by the Nordic Council, including four markers beside the roadway to identify the crossing; (4) The applicant shall plow the remaining portion of Clubhouse Drive to maintain year-round fire emergency access; (5) Removable bollards shall be placed within Clubhouse Drive at the Brush Creek Road entrance and in a location directly north of the _ jq - TC Reso 0146 Page 16 of 24 clubhouse parking lot entrance during Nordic trail grooming operations; and (6) The crossing arrangement above is subject to a one-year re-review by the applicant, Town staff, Nordic Council, and the Fire District to determine the adequacy of the operation. If such operation is unsatisfactory to the parties mentioned and a subsequent resolution cannot be reached, Town staff may refer the matter to Town Council for review. fo)Necessary facilities. a) The applicant has provided sufficient improvements to meet the needs for management of storm water runoff, maintenance of water quality and trash enclosures and shall be subject to review and approval by the Town Engineer. 1 1)Restricted housing. Section 4-410, Restricted Housina Requirements, of the Town of Snowmass Village Land Use and Development Code, provides the methodology for determining the amount of restricted housing, which must be provided by the applicant to sufficiently mitigate the employee housing impacted by the proposed development. The Town Council also previously considered the quantity and quality of the employee housing constructed as part of Phase I of this development. Following consideration of the facts, the Town still finds, as described with the Sketch Plan resolution, that: a) The revised employee housing calculations, following the ratios per Ordinance No. 07, Series of 2000, are accurate when comparing the original Club with the combined Phase I and Phase If uses. b) The seven employee housing units previously provided for the original 76- unit Lodge was accepted as being equivalent to the employee housing requirement for the 30 condominium units approved and redeveloped in Phase I. The 61 employee housing units approved in Phase 1 was considered a Community Purpose benefit. The employee housing required for Phase If is a mitigation issue and not considered a Community Purpose issue. The Phase II employee housing requirement is 5,824 square feet following the revised employee housing ratios and calculations outlined in Ordinance No. 15, Series of 2000 (i.e., the difference between the original club and the combination of Phase I and Phase II utilizing the revised rates). _�,2d 00 TC Reso 01-96 Page 19 of 24 c) Due to the applicant agreeing to deed restrict, for employee housing purposes, the one additional manager's unit of 1,700 square feet built in Phase I, it may be credited against the 5,824 square feet of employee housing required for Phase II but not considered a Community Purpose benefit. d) Per the above stipulation, the 4,124 square feet remaining for employee housing required for Phase II shall be fulfilled with a future project proposed by the applicant, successors, and/or interests. e) In addition to the employee housing requirements for the Snowmass Club Phase II project, and pursuant to Ordinance No. 9, Series of 1994 (Under Findings, Section V Employee Housing, pages 16 and 17), the applicant is required to provide employee housing as needed for the previous ski area expansion per subsections [i & ii], under the terms of Ordinance No. 12, Series of 1992. f) In addition to the above requirement, 1,936 square feet of employee housing per subsection [iii] of the same ordinance and section, is required for previous facility expansions within the Snowmass Ski Area, under the terms of Ordinance No. 12, Series of 1992. g) The applicant commits that the employee housing required, per conditions 4, 5 and 6 above, will be constructed by January 1, 2006. Consideration should be given to the possibility of identifying an appropriate employee- housing site within the Snowmass Club parcels. The applicant indicated a possibility of a joint venture with the Snowmass Water and Sanitation District to construct up to 50 employee housing units near the maintenance facility. The applicant acknowledges the previous findings of the Town and agrees to the mitigation measures called for. f2)Fiscal impact. a) The Town Council finds that this project will have favorable Fiscal Impact. Previous comments and concerns expressed by the Town's Finance Department were address via a revised Final Fiscal Impact Report delivered on August 14, 2001. 1a)Energy conservation. a) The Applicant commits to having no exterior hot tubs associated with the individual units within Phase II and will use only gas fireplaces in the -all TC Reso 01-58 Pape 20 of 24 condominium buildings. b) The Tennis Bubble will be replaced with a new, more energy efficient permanent structure. 14)Air quality. a) Extension and improvement of gravel-based Clubhouse Drive prior to building permits to reduce fugitive dust and provide entry for construction traffic from Brush Creek Road shall be completed. b) A dust abatement program shall be provided to include: i) Frequent watering of disturbed areas, especially during dry spells; ii) Erosion controls; and iii) Grading of the golf course to not include more than five acres at a time. 15)Consfrucfion management plan. a) The Town Council finds that the Construction Management Plan as revised is acceptable for a preliminary stage of review with the exception of the following items: i) That once the permanent tennis structure is completed and the tennis bubble removed, the new parking areas around the tennis structure shall be completed prior to the issuance of building permits for the condominium buildings which would result in the removal of the existing parking lots next to Brush Creek; ii) That Clubhouse Drive be improved with finished paving from Brush Creek Road to Club Commons prior to the issuance of a Certificate of Occupancy for the new clubhouse; and iii) That Clubhouse Drive be improved with finished paving, including the new bridge crossing, prior to the issuance of a Certificate of Occupancy for any of the condominium buildings. 16)Community welfare. Pursuant to the Sketch Plan conditions, and pursuant to the new Code Changes and Community Purposes Criteria, the Town Council found that the r� • TC Reso 01-56 Page 21 of 24 previous Code revisions per Ordinance No. 07 and No. 15, Series of 2000, apply to the Preliminary and Final PUD applications for this project, with the following exceptions and conditions: a) The new unit equivalency chart (per Ordinance No. 15, Series of 2000), will not apply to this project. b) The new 65% threshold rule (per Ordinance No. 15, Series of 2000), for applicability of Community Purpose criteria, will apply to the project. The following Community Purpose items offered by the applicant were found sufficient to allow buildout of 21 fractional ownership condominiums at approximately 2,400 square feet per unit: i) The applicant has acknowledged agreement to provide a license agreement to the Town or Nordic Council to assure the continued ability to set and use Nordic trails on Parcel 10 (e.g., the golf course area); ii) The applicant has committed to provide a site with electric service to the Town for use by the Nordic Council to allow a permanent structure for housing a vehicle for Nordic trail maintenance as previously described in this resolution. Construction costs for the structure and recurring energy and operating costs would be borne by the Town or a third party; iii) Brush Creek improvements are proposed pursuant to the application, as previously described in this resolution, which will improve water quality and aesthetics of the creek; iv) A new trail easement will be provided to the Town from Clubhouse Drive to Snowmass Club Circle (e.g., between the Phase II condominium buildings along Brush Creek); v) Provision of additional trail easements by the applicant to the Town for trails shown on the Preliminary Plan PUD for which easements do not already exist; vi) Full-time residents of the Town who are employed or are full-time students, and who are not members of the Club will be provided the opportunity to play golf on a space available basis. The feestrates, conditions, and restrictions below are acceptable to the Planning Commission: Full time residents of the town who are employed a minimum of 30 hours per week or full time students within Pitkin County and who are not members of the Club will be provided the opportunity to play do-Mia doop TC Reso 01-98 Page 22 of 24 golf on a space available basis at the same rate in effect at the Aspen Municipal Golf Course, not including the cost of a cart, at the time of play. Use of the golf course shall be limited to five times per year/person on a space available basis and shall require the issuance of a golf pass at an administrative fee of $15 to qualify. Use of golf carts may be required if conditions warrant. Tee times may be made no earlier than 48 hours in advance of play and no tee times under this program will be available on Saturdays from June 15 through Labor Day weekend. vii)A new bus stop and shelter shall be constructed by the applicant for down valley access (i.e., on the south side of Brush Creek Road) near the intersection where Clubhouse Drive meets Brush Creek Road; viii)A land area of 220,000 square feet of sufficient size and orientation for recreational purposes, a softball field, events and festivals will be dedicated to the Town per the conveyance methods previously described in this resolution. It is acknowledged that the previous Option 1 proposal in the Sketch Plan will be utilized. This option did not contemplate the relocation of Brush Creek Road as originally described per the provisions of the Ancillary Improvements Agreement dated January 20, 2000. ix) Notwithstanding the above, the applicant acknowledged its commitment to grant the Town a reservation, which would allow a future improvement of the intersection of Brush Creek Road and Highline Road, since it does not interfere with the redesigned golf course. During the design stage, consideration of future intersection improvements will be coordinated by the applicant with the Town; and x) The applicant commits to deed restrict the existing employee housing complex in Parcel 12 with the Final Plat. A) The redesign and reconstruction of the golf course is acceptable and considered a community benefit. xii)A new permanent tennis structure replacing the tennis bubble is considered a community benefit. 17)Consideration of Minor PUD Amendments a) The Town Council finds as per the Planning Commission that the plan: i) Is generally consistent with original PUD; ii) Has no substantial adverse impact; -aY - TC Reso 01-98 Page 29 of 24 iii) Does not significantly change the character; and iv) Complies with the applicable review standards as specified in Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards of the Municipal Code. f s)Miscellaneous. a) The applicant understands and accepts that approval for any improvements not submitted as part of Preliminary Plan Application, are subject to requests for additional information, full and complete review, analysis, recommendations for change, approval or denial, and that any impacts resulting from future improvements must be fully mitigated by the developer at the developers expense. ..AS7 TC Reso 01-38 Page 24 of 24 Section Two: Recommendation. The Planning Commission recommends approval of The Snowmass Club Phase II Preliminary Plan PUD Amendment submission, which includes: 1) The construction of 21 1/8 fractional ownership condominiums averaging 2,400 square feet in size and consisting of four 3-bedroom units, thirteen 4- bedroom units and four 5-bedrooms units; 2) A Subdivision Exemption and special review use for the condominiumization of the 21 units in Phase II; 3) A completely new 18-hole championship golf course being approximately 7,000 yards in length, including the re-routing and re-numbering of the fairways; 4) Relocation of the softball field and events area approximately 250 feet to the west; 5) Construction of a new 5,100 square foot golf clubhouse (reduced from 7,560 square feet at Sketch Plan) with golf cart storage beneath; 6) A new 150- space parking facility to serve the golf clubhouse and special events area; 7) Construction of a permanent indoor Tennis structure and a Tennis Pro-Shop facility; 8) Reconfiguration of Phase I parking provisions to accommodate the Phase II proposal; 9) Widening to 22-feet with street width variance and extension of Clubhouse Drive to Brush Creek Road at Horse Ranch Drive; 10) Improvements to intersection at Snowmass Club Circle and Clubhouse Drive; 11) Stream restoration of Brush Creek; and 12) Improved trail connections, subject to the general findings and conditions in Section One of this resolution. INTRODUCED, READ AND APPROVED, on this 24TH day of September, 2001 by the Town Council of the Town of Snowmass Village, Colorado on a motion made by Council member seconded by Council member by a vote of_ in favor and _against. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL T. Michael Manchester, Mayor ATTEST: Trudi Worline, Town Clerk TOWN COUNCIL COMMUNIQUE Meeting Date: September 24, 2001 Agenda Item: Second Reading: Ordinance No. 22, Series Of 2001, an ordinance granting Snowmass Club Associates, LLC authorization to commence certain construction activities within Parcel 10, Snowmass Club Subdivision and Lot 1, Snowmass Club P.U.D. Presented By: Chris Conrad, Planning Director Core Issues: Are the amendments made to the enclosed ordinance consistent with the direction given to staff during first reading approval? General Info: The following amendments have been made to the enclosed ordinance in response to direction given at first reading: • The term during which the golf course will be closed was amended to read 'one (1)full summer season" (5th "WHEREAS" and Finding 2). • The final architectural drawings for the tennis structure will now be reviewed by the planning director and only referred to the Town Council if further direction is needed (Finding 2 & Condition 2). • The tennis structure permit may not be issued until the effective date of the ordinance (Section Two: Authorization). • Condition 3 is clarified. There is no need for Exhibit A so first sentence removed and the term "haul' was added as shown. • Condition 5 now allows that certain (not specific)trails may not need to be restored by June 15 if they cannot reasonably be relocated as a result of the ongoing golf course grading. Applicant will coordinate with staff. • The appeal provision in Conditions 6 and 7 have been removed and restated as Condition 12. • Condition 11 has been added to require a secured improvements agreement to guarantee completion of the golf course. Deleted text is indicated by double strike-through ( deleted ) and the proposed new language has been double underlined ( added )• Council Options: 1. Give second reading approval of the ordinance as written. 2. Give second reading approval of the ordinance as may be amended at the meeting 3. Deny the application and require that additional information be provided or that work not commence until Final PUD approval is given Staff Staff recommends second reading approval with direction to Recommendation: amend the ordinance as appropriate. AATC 01-22 Smass Club 11 Construction TC Comments 02.doc 4X am TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 22 SERIES OF 2001 AN ORDINANCE GRANTING SNOWMASS CLUB ASSOCIATES, LLC AUTHORIZATION TO COMMENCE CERTAIN CONSTRUCTION ACTIVITIES WITHIN PARCEL 10, SNOWMASS CLUB SUBDIVISION AND LOT 1, SNOWMASS CLUB P.U.D. WHEREAS, the Snowmass Club Associates, LLC (the "Applicant") has requested authorization from the Town of Snowmass Village (the "Town") to commence certain construction activities within Parcel 10, Snowmass Club Subdivision and Lot 1, Snowmass Club P.U.D.; and WHEREAS,the construction activities involve what would be the initial site development phase of the Snowmass Club Phase II project (the "Project"); and WHEREAS, said work will be limited to the placement of interim erosion control measures, excavating and grading as necessary for site preparation of the new golf course and site preparation, fencing and construction of the new tennis facility; and WHEREAS,Town Council Resolution No. 36, Series of 2001, concerns the Snowmass Club Phase II 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 issues relating to the project site and the advantages of being able to commence site grading and preparation of the golf course area as soon as possible before the winter ground freeze and to limit to one (1)fo summer season the period of time the golf course would need to be closed to the public; and WHEREAS,the Applicant has also described the advantages of completing the new tennis structure prior to removing the current tennis bubble in order to maintain indoor tennis during the course of developing the Project; and WHEREAS, the golf course and tennis structure construction activities described above are intended to be consistent with the Project's Preliminary PUD development proposal; and WHEREAS, it was generally found that the above described activities, if .—�s 00 Ordinance No.22,Series of 2001 Page 2 properly designed and constructed, 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 Town Council does find that it is desirable to commence the grading and site preparation work within the golf course area as soon as possible in order to limit to one (1)full summer season the period during which the golf course needs to be closed to the public. In addition, permitting the Applicant to commence work on the tennis structure will enable the Applicant to have indoor tennis available to the community at such time as the current tennis bubble is removed. 2. Except as described below, the Town Council 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 or grading permit approval that may be granted by the Town Community Development Department (the "CDD"). 3. The Town Council finds that it would appropriate to direct that the CDD Planning director review the Applicant's final architectural drawings forthe tennis structure to determine whether said Plans are consistent with the direction given by the Town Council during Preliminary PUD review ofthe PrOleCt. Said Plans may be referred to the Town Council for final determination if issues arise that cannot bg resolved at the administrative Wa Ordinance No.22,Series of 2001 Page 3 4. Recognizing the environmental significance and magnitude of the golf course grading work, the Town Council finds that expenses incurred by the Town as necessary to monitor erosion, noise and fugitive dust control during the course of golf course construction should be reimbursed by the Applicant. 5. It should be understood that commencing work prior to Final PUD approval, regardless of any permit issuance by the Town pursuant to this ordinance, may only be exercised at the Applicant's own risk and that amendments to the permit(s) may be necessary to respond to conditions of the Final PUD approval. Section Two: Authorization. The Town Council hereby authorizes the Applicant to submit and the Community Development Department to accept for review a grading and building permit application for certain construction activities within Parcel 10, Snowmass Club Subdivision and Lot 1, Snowmass Club PUD. Said application includes the placement of interim erosion control measures,excavating and grading as necessary for site preparation of the new golf course and site preparation, fencing and construction of the new tennis facility. The golf course work may commence on the effective day of this ordinance or issuance of the necessary permits, whichever occurs later. The tennis structure building Permit may be issued f 19 Lowing the effective date of Resolution No. 36. Series of 2001. being the Snowmass Club Phase ll Preliminary PUD approval. Further, the authorization granted shall be subject to the conditions specified within Section Three below. Section Three: Conditions of Authorization. 1. The authorized golf course and tennis structure work shall be as shown and described within the Snowmass Club Phase II Preliminary PUD application, as amended, which collectively are incorporated herein by this reference as if set forth at length, subject to those amendments or conditions described below. No construction activities, including excavation and grading, 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 described within the Site Management Plans and to satisfy all other terms and conditions of any Town permits issued. Ordinance No.22,Series of 2001 Page 4 2. The CDD plannino director shall review the Applicant's final architectural drawings for the tennis structure to determine whether said plans are consistent with the direction given by the Town Council during Preliminary PUD review of the Project. Said plans may be referred to the Town Council for final determination if necessary should issues arise that cannot be resolved at the administrative level. 3. During the ski season, 1u 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 4. Applicable Staff and Agency comments contained within the Preliminary PUD amended submission or resolution shall also be considered conditions of this approval. 5. The applicant shall coordinate with the I:evµa CDD planning director. or designee, on any excavation or grading within areas containing the existing trail system, Unless specifically authorized. no work involving the trail network may commences unless the relocation and rebuilding of said trail or an acceptable alternative alignment can be completed by June 15, 2002. The Applicant shall submit a proposal describing how the impacts to the trail system will be minimized for review and approval by the T-®wa Cpl planning director prior to commencing work within the golf course area. 6. 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 or Site Management Plan. The Town planning director shall have the authority to amend the Construction or Site Management as reasonably necessary to resolve the issue or problem. _3100 Ordinance No.22,Series of 2001 Page 5 7. 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 and Preliminary PUD approval, by reference, as part of the building or grading permits 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 disagFOGIAGR96, QVGIIF OF W61109 Q496 11491 GQRRat 8. The golf course permit application will include: 1) drawings showing the proposed grading plan, stockpile areas and description and timeline of how the grading will progress throughout the project; 2) a site specific interim erosion control plan; 3) a fugitive dust control plan addressing all phases of the project; 4) a more detailed construction management plan specific to the timeline and manner in which the work will be occurring and more fully outlining the "environmental safeguards" cited within the RBI Golf Construction Golf Course Construction Management Plan contained within the "Construction Management' section of the Preliminary PUD submission; 5) description of how dirt will be removed from the site and locationsand 6) a description of some form of inspection and reporting mechanism which ensures necessary oversight of interim erosion, stream water quality and fugitive dust control 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 planning director. The final necessary inspection and reporting procedures shall be established by the planning director following review of the permit application and shall be a condition of the permit being issued. doom �� Ordinance No.22,Series of 2007 Page 6 9. The Applicant must prevent soils from being tracked onto the Town roadways and shall promptly wash or sweep the roadway should it become dirty as a result of the dirt hauling activities of the Applicant. This may include portions of Snowmass Club Circle, Highline and Brush Creek Roads where dirt may spill out along the curves or at intersections. Mud racks (a short stretch of clean gravel fill)will be placed at the Project exit points to aid in removing mud and dirt from truck tires prior to entering Town roadways. 10. Commencing work prior to Final PUD approval, regardless of any such permit issuance by the Town pursuant to this ordinance, may only be exercised at the Applicant's own risk and amendments to the permit(s) may be necessary to respond to conditions of the Final PUD approval. 11. The Applicant shall provide a written improvements aareement to ensure that the aolf course improvements described within the Preliminary PUD application will be completed within a reasonable time frame not to exceed two (2)years from the date of this approval. Said aareement shall include a satisfactory PIQdae of security and be in a form acceptable to the Town attorney. 12. Should disaareements occur or issues arise concerning the terms and conditions of this ordinance that cannot be resolved at the staff level. the Applicant may appeal the planning director's decision to the Town Council for final determination if said appeal is filed in writina with the CDD within five (5) business days of the decision. The Town Council may then consider said appeal at its next available regularly scheduled meeting. The Applicant shall be responsible for all administrative costs associated with processing this appeal unless s said determination is made in favor of the Applicant's appeal. Section Four: 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 September 17, 2001 upon a motion by Council Member Mercatoris, the second of Council Member Virtue, and upon a vote of 4 in favor and 0 against. Council Member Mordkin was absent. Ordinance No.22,Series of 2001 Page 7 READ, APPROVED AND ADOPTED, as amended, by the Town Council of the Town of Snowmass Village on Second Reading on September 24, 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 -3Y Aspen Skiing Co. Memo To: TOSV Town Council From: Don Schuster,Vice President-Real Estate CC: Dave Bellack, Bill Kane,Gert VanMoorsel, Jim Wahlstrom,Chris Conrad Date: 09/24101 Re: Resolution 01-36 We have the following comments after reviewing the draft of Resolution 01-36: - 1. Page 3, 2), a), i): strike "took a 4-0 straw vote on September 17, 2001 and found". Replace with "finds". 2. Page 4, b), i): strike"took a 5-0 straw vote on September 10, 2001 in favor of the Phase II condominium buildings encroaching" and replace with "finds encroachment of the Phase II condominium buildings",then insert "is acceptable"after plans. c): change the second sentence to read as follows: The following uses for these buildings are approved without further review: c), i), (1):Change Rotary Club to civic functions. 3. Page 5 (3): Revise to read as follows: Public or private functions with Valet parking service. ii): Revise to read as follows:The old clubhouse(Lot 1, Parcel 10)may be used for: 4. Page 7, revise"clerestory'to"monitor'or other acceptable term. No light transmission is occurring. 5. Page 9 6), b): in the last line change"despite"to"for". 7), b): strike"to overflow the south pond (east of the water and sanitation district)" 6. Page 10 c):we feel this section should be stricken as it does not identify where and is too broad. e): strike: "the TOSV-Skico" and replace with "a" in the fifth line. Also, recommend striking the last sentence as the town may not have the roundabout design finalized by the time the final plat is prepared. Page 10,cont.: g) this should be revised to reflect that the applicant will provide the birdhouses but that the town will monitor the birds. 7. Page 11, 8), a), i): in the fifth line change"lynx"to"links". 8. Page 13, b), i): in the seventh line add"irrevocable" before license. iii), change 426 to 440. 9. Page 14, C), i):we feel this paragraph can be stricken. 10. Page 15, v): change"East Brush Creek"to"golf cart underpass". 11. Page 16, xii):we feel this can be stricken, it is already a condition of Phase I approval. 12. Page 17,e): i): add"to the TOSV"after license, strike"in its generally historic location". ii)in the last line strike"the"and change to "a permanent". iii)add"golf cart"after existing in the second line and delete"at East Brush Creek" . iv)delete"overpassf'. Unfortunately, we have not had a chance to review these comments with staff and appreciate your consideration of these changes. We feel they are all clarifications and do not represent any material changes in our understanding of the Councils review of the application. • Page 2