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02-18-14 Town Council PacketsSNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA FEBRUARY 18, 2014 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON - AGENDA ITEMS (5- minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: RESOLUTION NO. 16 SERIES OF 2014 — A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION (Time: 15 Minutes) ACTION REQUESTED OF TOWN COUNCIL: Approval of the Federal Transit Administration's Master Agreement which includes their Certifications and Assurances - -David Peckler ................... ...........................Page 4 Item No. 5: RESOLUTION NO. 17 SERIES OF 2014 — APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DECISION /INTERPRETATION OF APPLICATION PROCESSING TYPE REGARDING BASE VILLAGE MAJOR VERSUS MINOR AMENDMENT FOR SUPPLEMENTAL AND RESTATED APPLICATION (Time: 60 Minutes) ACTION REQUESTED OF TOWN COUNCIL: Deny, approve with conditions or approve the appeal by affirming with modifications or reversing the original action, respectively. - -Jim Wahlstrom ................... ...........................Page 8 Item No. 6: APPEAL OF RESOLUTION NO. 30. SERIES OF 2013 — SPRINT ANTENNA UPGRADES (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Hear an appeal of Resolution No. 30, Series of 2013, submitted by Klein Cote Edwards Citron LLC, representing Sonnenblick Condominiums, Inc. and affirm, affirm, with modifications, or reverse the original action to allow Sprint Spectrum LP to modify and upgrade the wireless transmission facility atop the roof of the Westin Hotel (formerly Silvertree Hotel). Continued from January 21, 2014 Meeting 02- 18 -14tc Agenda Page 2of3 - -Sloan Campi ................... ...........................Page 35 Item No. 7: DISCUSSION — COMPREHENSIVE PLAN CHAPTER 10 DISCUSSION (Time: 30 Minutes) - -Sloan Campi .................. ...........................Page 82 Item No. 8: PUBLIC HEARING AND DISCUSSION: MAJOR PUD AMENDMENT PRELIMINARY PLAN REGARDING LOT 2 IN BASE VILLAGE (Time: 5 Minutes) ACTION REQUESTED OF TOWN COUNCIL: Staff is requesting continuance to March 3, 2013 - -Jim Wahlstrom ............. ...........................Page 120 Item No. 9: PROPOSED APPROACH TO PROPOSALS FOR HOLY CROSS COMMUNITY ENHANCEMENT FUND EFFICIENCY /RENEWABLE ENERGY PROJECT (Time: 30 Minutes) ACTION REQUESTED OF TOWN COUNCIL: Approve or deny the proposal. - -Kelly Vaughn /Mona Newton .........................Page 122 Item No. 10: MANAGER'S REPORT (Time: 10 minutes) - -Gary Suiter ................... ...........................Page 160 Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING: • March 3, 2014 — Regular Meeting • March 12, 2014 — Work Session • March 17, 2014 — Regular Meeting ............................. ............................... Page 177 Item No. 12: APPROVAL OF MEETING MINUTES FOR: • January 21, 2014 — Regular Meeting .. ............................... ...........................Page 182 Item No. 13: COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS .............................. ............................... Page 187 Item No. 14: EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to C.R.S. 24 -6- 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to specifically discuss two items: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing 02- 18 -14tc Agenda Page 3 of 3 negotiators pursuant to C.R.S. 24- 6- 402(4)(e) and Snowmass Village Municipal Code Section 2- 45(c)(5); and b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6 - 402(4)(c) and Snowmass Village Municipal Code Section 2- 45(()(2); Provided, there is an affirmative vote of two - thirds of the quorum present at this meeting to hold an Executive Session and for the purposes of considering items (a) (b) and (c) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Item No. 15: ADJOURNMENT NOTE: Total time estimated for meetina: ADDrox 2.5 hours (excludina items 1 -3 and 11 -15) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. MEMORANDUM TO: Snowmass Village Town Council FROM: David Peckler Transportation Director DATE: February 18, 2014 SUBJECT: Resolution #16 Series of 2014 Approving 2014 FTA 5339 & 5311 Grant Contract's Certifications and Assurances I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff requests Council's approval of the Federal Transit Administration's Master Agreement which includes in Appendix A the list of Certifications and Assurances that are requirements to accept 5339 (Capital) and 5311 (Administration, Operating and Capital) grants from the Federal Transit Administration (FTA). Resolution #16, Series of 2014 accepts the terms of the Federal Master Agreement for 2014 grant funding for our projects, and authorizes the Transportation Director to certify the affirmation of the annual Certifications and Assurances for these projects. The Town has been approving the Master Agreement over the last nine years. II. BACKGROUND: This resolution approves the Town accepting financial assistance from the FTA for the purchase of transit vehicles (under Section 5339), and acceptance of Administration and Operating assistance (under Section 5311) through FTA grants in federal fiscal year 2014. The grant's Master Agreement contains a number of Certifications and Assurances that apply to the use of Federal funding for the specified grant's purpose. The Certifications and Assurances cover a number of issues, most notably: 1. Authority and Ability to Enter Into an Agreement with the FTA; and 2. Lobbying Compliance; and 3. Procurement Compliance; and 4. Protections for Private Transportation Providers; and 5. Public Hearing; and 6. Acquisition of Rolling Stock Guidelines; and 7. Charter Service Agreement; and 8. School Transportation Agreement; and 9. Americans With Disabilities Act; and 10. Alcohol Misuse and Prohibited Drug Use; and 11. Title VI Civil Rights Act; and 12. Labor Standards. To review the Master Agreement, go to www.fta.dot.gov /documents /20- Master.pdf To review the Certification & Assurances noted in Appendix A, go to www.fta.dot.gov/documents/2014—Certs—and—Assurances.pdf TC PACKET 02 -18 -14 4 III. APPLICABLE REGULATIONS The regulations covered by the Master Agreement are standard requirements in a Federal contract. IV. DISCUSION ITEMS / NEXT STEPS m V. NEXT STEPS / MAJOR MILESTONES NA VI. ACTION REQUESTED OF COUNCIL Approve Resolution 16, Series of 2014. TC PACKET 02 -18 -14 5 1 2 SNOWMASS VILLAGE TOWN COUNCIL 3 4 5 RESOLUTION NO. 16 6 SERIES OF 2014 7 8 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWASS 9 VILLAGE, COLORADO, AUTHORIZING THE FILING OF APPLICATIONS WITH THE 10 FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE 11 UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL 12 TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 13 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY 14 THE FEDERAL TRANSIT ADMINISTRATION. 15 16 WHEREAS, the Town of Snowmass Village (TOSV) has the power to enter into 17 agreements with the Federal Transit Administration; and, 18 19 WHEREAS, the Federal Transportation Administrator has been delegated 20 authority to award Federal financial assistance for transportation projects; and, 21 22 WHEREAS, the grant or cooperative agreement for Federal financial assistance 23 will impose certain obligations upon the TOSV, and may require the TOSV to provide the 24 local share of the projects costs; and, 25 26 WHEREAS, the TOSV has or will provide all annual Certifications and Assurances 27 to the Federal Transit Administration required for the projects, and, 28 29 WHEREAS, the TOSV is desirous of obtaining said funds for the purchase of 30 transit vehicles and /or the administration and operation of transportation projects, and has 31 filed applications (Sections 5311 and 5339) with the Federal Transit Administration (FTA) 32 and /or the Colorado Department of Transportation (CDOT) for the purchase of transit 33 vehicles and /or the funding for administration and operation of transportation projects, 34 and, 35 36 WHEREAS, the TOSV desires to accept the funds for such projects pursuant to 37 the conditions of the 2014 Master Agreement, and the Certifications and Assurances in 38 Appendix A of that agreement, and, 39 40 WHEREAS, the TOSV desires to work together with the FTA and CDOT to effect 41 said projects as provided in the agreement, and, 42 43 WHEREAS, the TOSV finds that the adoption of this Resolution is necessary for 44 the immediate preservation of the public health, safety and welfare. 45 46 TC PACKET 02 -18 -14 6 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 14 -16 TC Resolution Page 2 of 2 NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, 1. That the Transportation Director is authorized to execute and file an application for, and administer, grants for Federal assistance on behalf of the TOSV with the Federal Transit Administration and the Colorado Department of Transportation for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. 2. That the TOSV agrees to the conditions of the Master Agreement as they pertain to these projects, and the Certifications and Assurances that the FTA requires for the assistance agreements, and authorizes the Transportation Director to certify the Certifications and Assurances to the FTA through their web site. CERTIFICATION READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on the 18th of February, 2014 upon a motion made by Council Member , the second of Council Member , and upon a vote of _in favor and _ opposed. APPROVED AS TO FORM John Dresser, Town Attorney ATTEST: Rhonda B. Coxon, Town Clerk TOWN OF SNOWMASS VILLAGE TC PACKET 02 -18 -14 7 Bill Boineau, Mayor 2 MEMORANDUM TO: Snowmass Village Town Council FROM: Jim Wahlstrom, Senior Planner John Dresser, Town Attorney DATE: February 18, 2014 SUBJECT: RESOLUTION NO. 17, SERIES OF 2014 - APPEAL OF TOSV COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION CLASSIFYING SNOWMASS ACQUISITION COMPANY'S APPLICATION FOR A PUD AMENDMENT IS A MAJOR ,41TEVIDMENT 1. Purpose / Action: a. Purpose. Pursuant to SVMC Section 16A -5 -80 "Appeals ", the applicant is appealing the Community Development Director ( "CDD ") determination under SVMC Section 16A -5 -390 "Amendment of final PUD" classifying the Supplemental and Restated Application for a PUD Amendment to the Base Village PUD ( "BVPUD ") submitted by Snowmass Acquisition Company ( "SAC ") on January 6, 2014, as a Major PUD Amendment. b. Action. Town Council shall either affirm, affirm with modifications or reverse the determination of the CDD. A draft Resolution is attached that is drafted in the affirmative but can be amended to reflect the action of Council. 2. Project Review Status: a. History of Prior Pertinent Actions: During the TOSV review of SAC's PUD amendment regarding Building 13B, representatives of SAC committed to submit a Sketch Plan application to illuminate the future of the BVPUD by December 31, 2013. On October 21, 2013, a pre - application conference was held with the CDD and other staff regarding the applicant's initial amendment proposal. The proposal at that time involved amending the development agreement to extend vested rights and modifying the companion agreements to facilitate completion of the roundabout. The changes were in text form, did not contain design - related modifications, changes to development parameters or revisions to phasing. At the conclusion of the pre - application conference, after considering the totality of the circumstances including SAC's commitment to submit a Sketch Plan regarding the future of Base Village together with the procedures of Article V of the Land Use and TC PACKET 02 -18 -14 8 TC Report Memo 02 -18 -14 Appeal of BV Major PUD Arndt Process re: Supplemental & Restated application Page 2 of 7 Development Code ( "LUDC "), the CDD determined the proposed application should be classified as a Minor PUD Amendment application. On November 15, 2013 the applicant submitted the Minor PUD Amendment application which did not contain requests for phasing changes other than to note Phase 2B needed to be complete to receive the 10 -year vesting extension for the BVPUD. The application proposed milestones for the roundabout completion and building timing in relation to construction scheduling, but not regarding changes to proposed project phasing. There is a significant difference between construction phasing schedules and project phasing. The Planning Commission review of the application began on December 18, 2013 and the applicant described a "change in the batting order" which essentially presented a phasing sequence that was different than the written application. The Planning Commission concurred with staff's suggestion that the applicant amend the application to conform to the requests to modify phasing that were presented orally at the meeting but not contained in the application. The Planning Commission meeting was continued to January 15, 2014 which coincided with the start of the Public Hearing of the associated but separate Lot 2, BVPUD amendment application by Aspen Skiing Company ( "ASC "). On January 6, 2014 the application was submitted as a "Supplemental and Restated" application and included the project phasing changes orally presented during the Planning Commission meeting December 18, and additionally included requests to: a) amend the Building 7 Essential Public Facilities Development Agreement to defer the requirement of completion of Building 7, and b) consent to sell Lot 2 to a separate applicant. On January 15, 2014 Planning Commission considered a draft resolution which included a finding whether the proposed supplemental and restated application was a minor versus a major amendment application. Planning Commission concluded that such determination should be made by the CDD and continued the review pending the CDD determination. On January 30, 2014 at a subsequent pre - application conference, the applicant presented to the CDD the reasons applicant felt the Supplemental and Restated application should be classified as a minor amendment and staff presented reasons it thought the application should be classified as a major. While the CDD contemplated the classification of the application, staff conferred with representatives of SAC and ASC regarding consolidation of the two separate applications amending the BVPUD pursuant to SVMC Section 16A- 5- 40(c). Pursuant to that Section, applicants can request consolidation but TOSV cannot mandate consolidation. The applicants declined to request consolidation. 2 TC PACKET 02 -18 -14 9 TC Report Memo 02 -18 -14 Appeal of BV Major PUD Arndt Process re: Supplemental & Restated application Page 3 of 7 b. Current Process - Step Description: On February 5, 2014, and pursuant to SVMC Section 16A -5 -390, "Amendment of Final PUD" the CDD made a determination classifying the Supplemental and Restated application as a Major PUD Amendment and needed to follow the full three -step PUD Amendment process (Sketch, Preliminary and Final). This determination was made by analyzing the steps provided in SVMC Section 16A -5 -390 and SVMC 16A -5 -300 as follows: Section 16A- 390(1) overviews the PUD amendment procedures and explains that there are three (3) types of amendments, with corresponding procedures, that an applicant may propose to a PUD. It further states that "The Planning Director shall determine whether the amendment proposal should be classified as an administrative, major or minor amendment, taking into consideration the totality of the circumstances of the proposed amendment together with the procedures set forth in this Article" V of the LUDC. The two relevant procedures set forth in this Article V to classify process for a PUD amendment are in SVMC Section 16A- 5- 300(b)(1) "Purpose; overview; general restrictions ". (1) Major or minor PUD. The procedures applicable to a particular PUD are dependent on whether the project is classified as a minor or a major PUD. The criteria for classifying projects as major or minor are described in Table 5 -3, Criteria for Classifying PUD's as Major or Minor. if a proposed development activity does not fit within the criteria listed in the table, then the Planning Director shall determine whether the proposal should be classified as a major or minor development, taking into consideration whether or not it would be beneficial for the Town to review a sketch plan of the proposed development. (emphasis added) Table 5 -3 under SVMC Section 16A- 5- 300(b)(1), is titled "Criteria for Classifying PUD as Major or Minor" and provides parameters for classification for major or minor review processes. 3 TC PACKET 02 -18 -14 10 TC Report Memo 02 -18 -14 Appeal of BV Major PUD Amdt Process re: Supplemental & Restated application Page 4 of 7 TABLE 5 -3 CRITERIA FOR CLASSIFYING PUDs AS MAJOR OR MINOR Major PiTD Minor PUD A major PUD is a project that meets A minor PUD is a project that meets any of the following criteria: all of the following criteria: New Development New Development • Contains more than four (4) • Contains no more than four (4) dwelling/hotel/lodge or other dwelling /hotel/lodge or other residential units. residential units. • Contains more than four thousand • Contains no more than four thousand (4,000) sq. ft. of nonresidential (4,000) sq. ft. of nonresidential space. space. Additions/Re- Development Additions/Re- Development • Adds more than six (6) • Adds no more than six (6) dwelling/hotel /lodge or other dwelling/hotel/lodge or other residential units. residential units. • Increases the existing floor area or • Increases the existing floor area or the footprint of a nonresidential footprint of a nonresidential building by more than ten percent building by no than ten percent (10 %). (10 %). At the pre - application conference for the "Supplemental and Restated" application, staff and applicant agreed that the criteria of Table 5 -3 did not fit the proposed development activity. This conclusion resulted in the highlighted language above becoming the applicable standard for determining the classification of the application as major or minor. In summary, the CDD analyzed Supplemental and Restated application in the totality of the circumstances which now additionally include: a) overall project phasing changes; b) amending the Building 7 Essential Public Facilities Development Agreement to defer the requirement of completion of Building 7, c) consent to sell Lot 2 to a separate applicant and the absence of a commitment or submission of a sketch plan application regarding the future of Base Village, which commitment for a sketch plan was included in the prior consideration of the totality of the circumstances when the determination classifying the initial application as minor was made. Together with this analysis of the totality of the circumstances, the CDD then applied the procedures of Article V as required by SVMC 11 TC PACKET 02 -18 -14 11 TC Report Memo 02 -18 -14 Appeal of BV Major PUD Amdt Process re: Supplemental & Restated application Page 5 of 7 Section 16A -5 -390 "Amendment of final PUD" which require the CDD to take "into consideration whether or not it would be beneficial for the Town to review a sketch plan of the proposed development ". After careful consideration, the CDD determined that a sketch plan would be beneficial to TOSV and classified the Supplemental and Restated application as a major PUD amendment. The applicant filed an appeal of the Community Development Director's decision on February 6, 2014 (see Attachment `B'). 3. Review of Procedures and Evaluation Criteria: Appeal Option SVMC Section 16A -5 -390 "Amendment of final PUD" provides that "The determination of the Planning Director may be immediately appealed by the applicant to the Town Council pursuant to the provisions of Section 16A -5 -80, Appeals' Appeal Process. Pursuant to Section 16A -5 -80 of the Code, the applicant has requested an appeal of the CDD's determination classifying the application as a major amendment to the BVPUD. (see Attachment'C'). The code states that "the written appeal shall state the basis of the appeal in detail, and the relief that is requested, and shall include materials or evidence to support the appeal." Per the code, "the appeal shall be heard by the body authorized to hear the appeal at a regularly scheduled meeting within 30 days after the date of the filing of the written appeal." There is no public notice requirement for the appeal of a decision or interpretation. According to Section 16A- 5 -80(d) of the code, "the Town Council shall either affirm, affirm with modifications or reverse the original action. The original action shall only be modified or reversed if it is determined that: 1. There is not substantial evidence in the record to support the original decision, or 2. The original action was inconsistent with the applicable provisions of the Land Use and Development Code." 4. Conclusion: a. Summary of above. The matters to resolve the type of review process required for the proposed amendment, as identified herein, include: 5 TC PACKET 02 -18 -14 12 TC Report Memo 02 -18 -14 Appeal of BV Major PUD Arndt Process re: Supplemental & Restated application Page 6 of 7 Benefits of full three -step major PUD amendment process: It should be pointed out that there are benefits to the code's three -step major PUD amendment process. The three step PUD process for a major amendment would provide additional opportunity for public comments on the proposal through meetings or public hearings. It would provide additional time for decision makers to carefully evaluate the proposal and to address solutions to mitigate any potential impacts. For example, the Sketch Plan provides the opportunity for exploratory discussion of the proposed amendments, to raise issues and concerns, identify fatal flaws and to examine alternative approaches. In this case, the application proposal should be presented in a conceptual manner to explore possibilities for alternative phasing as well as potential unforeseen ramifications or unintended consequences.. The Preliminary Plan provides the opportunity for the applicant to submit the required studies or reports (for example, fiscal impact reports, construction management plans, how each project phase meets the service and mitigation needs of that phase, and what triggers are affected by changing the project phasing, such as the need for certain community type facilities) in order to analyze impacts in detail and to identify specific solutions to mitigate impacts. The Final plan process provides the opportunity to finalize development parameters and agreements to create a basis and understanding of how certain mitigation or requirements would be implemented. The proposed Supplemental and Restated application seems to be at this stage now without the benefits of analyzing the pros and cons associated with project phasing changes in particular, and the associated triggers. 2. Effects of minor PUD amendment process: In taking into consideration the "totality of the circumstances" of the proposed amendment, the applicant would need to justify the appeal or amendment satisfactorily. The decision makers will need to make findings in a subsequent ordinance whether the proposed amendments are consistent with original PUD or an enhancement thereof, would cause no substantial impacts, not change the character, and meet all the codes' general restrictions and review standards without the benefit of any studies or reports. Extensive studies and reports were completed during the original preliminary plan process for Base Village in 2003 and 2004. Many of the engineering solutions were addressed at that time. The proposal TC PACKET 02 -18 -14 13 TC Report Memo 02 -18 -14 Appeal of BV Major PUD Amdt Process re: Supplemental & Restated application Page 7 of 7 does not appear to change the design - related aspects of the project, but would have the effect of deferring certain community elements and facilities further, such as Arrival Center Building 7, the snowmelt surfaces, driveway and pedestrian improvements on Lot 3, Building 8 including the medical clinic, and the Aqua Center. b. Staff Recommendations: Staff believes the CDD's determination classifying the application amendment process type is consistent with the code procedures. Staff believes the three -step full PUD process should be followed considering the review criteria in the code. The nature of the proposal should not involve extensive periods of reviews during the separate sketch, preliminary and final processes in contrast to the lengthier original reviews and approvals between 2001 and 2004. However, if the Appeal is granted and the Supplemental and Restated application continues with a Minor PUD Amendment review, there will likely be many conditions with such a proposal that future amendment submissions address the outstanding matters related to updates for a Final Base Village PUD Guide, the Restricted Housing Agreement, the Parking Management Plan and usage allocations, address traffic impacts and /or problematic areas more comprehensively by utilizing updated base line data, and how the requested / proposed reservation of commercial square footage and vacated space will be mitigated to address traffic impacts, parking demands and employee housing requirements, as a result of the proposed Lot 2 amendments by separate application. Also, other community facilities on Lot 3 would be further deferred. ATTACHMENTS: A. Original Minor PUD Amendment written description November 15, 2013; B. Supplemental and Restated amendment application description January 6, 2014; and C. Applicant's appeal dated February 6, 2014 of Community Development Director's decision of Major PUD Amendment process for Supplemental and Restated application; and D. Draft Resolution No. 17, Series of 2014. 7 TC PACKET 02 -18 -14 14 1.1 Introduction Section 1: Application ATTACHMENT "A" TC Report 2.18.2014 Base Village PUD — Summary of Existing Approvals The Base Village property is zoned PUD, Planned Unit Development, and the following are the relevant approval documents related to the minor PUD changes proposed by this Application: A. Ordinances. Snowmass Village Town Council has adopted a number of Ordinances with respect to the Base Village PUD, and the following is relevant to this Application: Ordinance No. 21, Series of 2004 ( "Ordinance No 21 "), granting PUD approval and establishing zoning development parameters for the Base Village Planned Unit Development. B. Administrative Modifications /Records of Decision. At least 3 8 Records of Decision ( "ROD ") have been adopted amending various aspects of the Base Village Project. C. Agreements. The Town and the prior developer(s) have entered into a number of agreements related to the Base Village PUD. The agreements that would require amendment if this Application is approved include the following: 1. The Base Village Development Agreement, dated November 4, 2004, between Intrawest/Brush Creek Development Company LLC, and the Town of Snowmass Village, Colorado, recorded on February 2, 2006 as Reception No. 520495 in the Pitkin County Clerk and Recorder's Office (the "Development Agreement "). 2. The Base Village Funding Agreement, dated November.4, 2004, between Intrawest/Brush Creek Development Company LLC, and the Town of Snowmass Village, Colorado, recorded on February 2, 2006 as Reception No. 520496 in the Pitkin County Clerk and Recorder's Office (the "Funding Agreement "). Summary of Proposed Minor PUD Amendment L Vesting Extension SNOwMAss ACQUISITION CoNeANY LLC, as the Applicant, is requesting to change the Initial Vesting deadline of the Development Agreement. Pursuant to the Development Agreement, the Applicant was granted Vested Property Rights through November 3, 2014 (the "Initial Vesting ") and, if the Applicant has completed "Phase 2 -13" (as defined in the Ordinance) of the development of the Property within the Initial Vesting period, the Vested Property Rights are extended upon the expiration of the Initial Vesting for another ten year period expiring on November 3, 2024. A. Request to Extend Initial Vesting; Deadline. The Applicant is requesting that the Initial Vesting under the Development Agreement be extended from November 3, 2014 to November 3, 2019 in two phases: Two additional years (from November 3, 2014 to November 3, 2016). Application for Minor PUD Amendment to the Base Village PUD SNowMAss ACQUISITiDNl COMPANY LLC — Base Village Development Agreement Page 1 TC PACKET 02 -18 -14 15 follows: 2. Three further years (November 3, 2016 to November 3, 2019). B. New Initial Vesting Building Milestones. The milestones and phasing would be as 1. The November 3, 2016 vesting milestone to be substantial completion of the Roundabout by October 15, 2015. 2. The November 3, 2019 vesting milestone would be substantial completion of Buildings 6, 7 & S. C. Overall Vesting Deadline Unchanged. The Applicant is not requesting an extension of the November 3, 2024 deadline. H. Bonding and Completion of Roundabout Under the current approvals, Ordinance 3, Series of 2007, and the Amended and Restated PUD Guide, the Applicant is permitted to develop Buildings 4, 6, 7, 8, 13A and 13B prior to construction of the the Brush Creek/Wood Road Roundabout (the "Roundabout "). The Applicant is proposing to amend the Funding Agreement to remove the Roundabout as needed to conform to the approvals, and to bond the cost of the Roundabout with a payment and performance bond or other security acceptable to the Town upon approval of the minor PUD amendment. The Applicant and the Town (and if necessary Snowmass Water & Sanitation District) would enter into an amended Subdivision Improvements Agreement for the Roundabout work. The Applicant will agree to substantially complete Roundabout by October 15, 2015. 1.2 General Data Requirements Date: November 15, 2013. Name, Address, Telephone Number of Owner and Representatives: Dwayne Romero SNOW1vIASS ACQUISITION COMPANY LLC 16 Kearns Road, Suite 301 PO Box 6565 Snowmass Village CO 81615 dromero@related.com Craig L Mi onzio SNOWMASS ACQUISITION COMPANY LLC 16 Kearns Road, Suite 301 Snowmass Village, CO 81615 (917) 916 -7832 cmonzio( ,related.com B. Joseph Krabacher Application for Minor PUD Amendment to the Base Village PUD SNO)kmms ACQUISITION CON2ANY LLC Page 2 TC PACKET 02 -18 -14 16 SiiERMAN & HOWARD L.L.C. 201 N. Mill Street, Suite 201 Aspen, Colorado 81611 (970) 925 6300 j krabacher(g, sah.corn Physical Address of Property: Base Village, Snowmass Village CO 81615 Legal Description: LOTS 1 -9, BASE VILLAGE HOTEL P.U.D. (FINAL PLAT), ACCORDING TO THE PLAT THEREOF RECORDED MAY 17, 1988 IN PLAT BOOK 20 AT PAGE 84 AND FIRST AMENDED PLAT OF BASE VILLAGE HOTEL P.U.D. (FINAL PLAT), ACCORDING TO THE -PLAT THEREOF RECORDED SEPTEMBER 27, 1989 IN PLAT BOOK 23 AT PAGE 46. Application for Minor PUD Amendment to the Base Village PUD SNowMAss AcQuiSmON COMPANY LLC Page 3 TC PACKET 02 -18 -14 17 1.3 Proposal Data Proposed Building Setbacks: No change Proposed Building Height: No Change Proposed Allowable FAR: No Change Proposed Gross Building Are No Change Proposed Building Height: No change Proposed Envelope Adjustment: No change. Proposed I`To. of Parking Spaces: No change Proposed No. of Bedrooms: No change Proposed Unit Equivalence: No Change Unit Equivalence (Village Wide): No Change Proposed Restricted Housing: No Change 1.5 Additional Information/Minimum Submission Contents Appendix A: Disclosure of Ownership Appendix B: Authorization to Represent Appendix C: Plat with Vicinity Map Appendix D: List of Adjacent Properly Owners Appendix E: Fee Agreement Appendix F: Proposed First Amendment to Development Agreement Appendix G: Proposed First Amendment to Funding Agreement Appendix H: Proposed Second Amendment to Subdivision Improvements Agreement Application for Minor PUD Amendment to the Base Village PUD SATOW'vMASS ACQUTSITTON COMPANY LLC Page 4 TC PACKET 02 -18 -14 18 Section 2: Written Description of Proposed Minor PUD Amendment 2.1 Applicant is seeking a minor amendment to a final PUD pursuant to Section 16A -5-390. The proposed modifications are consistent with, or enhancement of, the original PUD approval. The changes are very minor and will not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property, and will not change the basic character of the PUD or surrounding areas. The Development Agreement grants Vested Property Rights through November 3, 2014 (the "Initial Vesting ") and, if "Phase 2 -B" (as defined in the Ordinance) is completed within the Initial Vesting period, the Vested Property Rights shall be extended upon the expiration of the Initial Vesting for another ten year period expiring on November 3, 2024. The Applicant is requesting that the Initial Vesting under the Development Agreement be extended The Applicant is requesting that the Initial Vesting under the Development Agreement be extended from November 3, 2014 to November 3, 2019 in two phases: Two additional years (from November 3, 2014 to November 3, 2016) with the vesting milestone to be substantial completion of the Roundabout by October 15, 2015. ® Three further years (November 3, 2016 to November 3, 2019) with the vesting milestone to be substantial completion of Buildings 6, 7 & 8). ® The Applicant is not requesting an extension of the November 3, 2024 deadline. The Applicant is proposing to amend the Funding Agreement to remove the Roundabout as needed to conform to the approvals, and to bond the cost of the Roundabout with a payment and performance bond or other security acceptable to the Town upon approval of the minor PUD amendment. The Applicant and the Town (and if necessary Snowmass Water & Sanitation District) would enter into an amendment to the Subdivision Improvements Agreement for the Roundabout work. The Applicant will agree to substantially complete Roundabout by October 15, 2015. The Improvements Agreement amendment would be subject to any remaining funding obligations of the Town under the Base Village Funding Agreement. This requested extension will not have a substantially adverse effect on the neighborhood surrounding the development, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. Additionally the proposed amendment will not change the basic character of the PU7D or surrounding areas as the PUD will remain unchanged. Application for Minor PUD Amendment to the Base Village PUD SNowmAss ACQUISITION CONTA --Ny LLC Page 5 TC PACKET 02 -18 -14 19 Section 3: Compliance With Minor PUD Amendment Standards 3.1 Compliance with Minor PUD Amendment Standards of the Snowmass Village Land Use Code (A) Section 16A- 5- 300(c) (i) Minimum Land llrea. Response: The proposed amendment does not affect the land area of the PUD. (ii) Location. Response: The project is located within the Town of Snowmass Village and the PUD. (iii) Uses. Response: The proposed _ amendment does not change the permitted use or change the Mixed -Use -2 (MU -2) zoning of the PUD. (iv) Maximum Buildout. Response: The proposed amendment does not affect the Maximum Buildout. (v) Dimensional Limitations. Response: The proposed amendment does not affect the Dimensional Limitations. (vi) Community Purposes. Response: The proposed amendment does not alter the community purposes from the original approvals. (vii) Parking. Response: The proposed amendment does not alter the employee housing parking demand. (viii) Road Standards. Response: The proposed amendment does not alter the road standards described in the Original PUD. (B) Consistency with the Comprehensive Plan. Application for Minor PUD Amendment to the Base Village PUD SNowmAss ACQUISITION CoiviPANTY LLC Page 6 TC PACKET 02 -18 -14 20 Response: As amended pursuant to this Application, the Project will remain consistent with the Comprehensive Plan as the proposed changes are minor in degree and do not alter the Project's compatibility with the Comprehensive Plan. (C) Section 16A -5 -390, Review Standards for an Amendment to a Final PUD (i) Consistent with the Original PUD. Response: The proposed modifications are consistent with the Original PUD. (ii) No Substantially Adverse Impact. Response: Based on the Original PUD, the proposed modifications do not have a substantially adverse effect on the neighborhood surrounding the land nor does it adversely impact the enjoyment of the land abutting, upon or across the street from the Project. (iii) Not a change in Character. Response: The proposed modifications do not change the basic character of the PUD or surrounding areas. (iv) Comply with Other Applicable Review Standards. Response: This Application complies with the other applicable standards described in detail within the Application. (D) Section 16A -5 -310, PUD Review Standards (i) Consistency with the Comprehensive Plan. Response: As amended by this Application, the Project will remain consistent with the Comprehensive Plan since the proposed modifications are minor in affect and will not impact the intent of the Original PUD. (ii.) Preservation of Community Character. Response: This Application preserves the Town of Snowmass Village Community character by continuing to integrate natural features, mountain settings and the surrounding areas into the design and construction of the Project. As amended pursuant to this Application, the Project will continue to satisfy the requirements of Section 16A -4 -340, Building Design Guidelines, and correspondingly, Section 16A -5- 310(2). (iii) Creative Approach. Response: As amended pursuant to this Application, the Project will continue to satisfy the requirements of Section 16A- 5- 301(3). Application for Minor PUD Amendment to the Base Village PUD sNowi,mASs ACQUISITION COMPANTY LLC Page 7 TC PACKET 02 -18 -14 21 (iv) Landscaping. Response: As amended pursuant to this Application, no changes are proposed to landscaping and the Project will continue to satisfy the requirements of Section 16A- 5- 310(4). (v) Compliance with Development Evaluation Standards. Response: As provided in the Town of Snowmass Village Land Use Code, this Application continues to (1) protect ecologically and environmentally sensitive areas; (2) use land, public and private services and facilities efficiently; (3) ensure development occurs in an orderly and timely fashion; and (4) ensure that a project's design is compatible with the existing scale and character of the Town of Snowmass Village. In particular, the proposed modification will not impact the protection of environmentally sensitive areas, improvements standards, site design standards, or sign standards as set forth in the Land Use Code. (vi) Suitability for Development. Response: As amended pursuant to this Application, the project will continue to satisfy the requirements of Section 16- A- 5- 310(6). (vii) Adequate .Facilities. Response: As amended pursuant to this Application, the Project will continue to satisfy the requirements of Section 16A- 5- 310(7). (viii) Spatial Pattern shall be Efficient. Response: As amended pursuant to this Application, the Project will continue to satisfy the requirements of Section 16A- 5- 310(8). (ix) Phasing. Response: Except for the change in the Initial Vesting deadline, no changes to phasing are proposed in this Application and the Project will continue to satisfy the requirements of Section 16A- 5- 310(9). Application for Minor PUD Amendment to the Base Village PUD SNowMAss ACQLUSTTION COMPANY LLC Page 8 TC PACKET 02 -18 -14 22 1.1 Introduction ATTACHMENT "B" TC Report 2.18.2014 Section 1: Application Base Village PUD — Summary of Existing Approvals The Base Village property is zoned PUD, Planned Unit Development, and the following are the relevant approval documents related to the minor PUD changes proposed by this Application: A. Ordinances. Snowmass Village Town Council has adopted a number of Ordinances with respect to the Base Village PUD, and the following is relevant to this Application: Ordinance No. 21, Series of 2004 ( "Ordinance No. 21 "), granting PUD approval and establishing zoning development parameters for the Base Village Planned Unit Development, and Ordinance No. 3, Series of 2007 ( "Ordinance No. 3 "), amending the PUD Guide for the Base Village Planned Unit Development. B. Administrative Modifications/Records of Decision. At least 38 Records of Decision ( "ROD ") have been adopted amending various aspects of the Base Village Project. C. Agreements. The Town and the prior developer(s) have entered into a number of agreements related to the Base Village PUD. The agreements that would require amendment if this Application is approved include the following: 1. The Base Village Development Agreement, dated November 4, 2004, between Intrawest/Brush Creek Development Company LLC, and the Town of Snowmass Village, Colorado, recorded on February 2, 2006 as Reception No. 520495 in the Pitkin County Clerk and Recorder's Office (the "Development Agreement "). 2. The Base Village Funding Agreement, dated November 4, 2004, between Intrawest/Brush Creek Development Company LLC, and the Town of Snowmass Village, Colorado, recorded on February 2, 2006 as Reception No. 520496 in the Pitkin County Clerk and Recorder's Office (the "Funding Agreement "). 3. The Development Agreement (Building 7 Essential Public Facility), dated February 25, 2009, between Base Village Owner LLC, and the Town of Snowmass Village, Colorado (the "Interim Building 7 Development Agreement "). 4. Amended and Restated Base Village Planned Unit Development Guide adopted February 26, 2007 and recorded December 11, 2012 as Reception No. 594713 in the Pitkin County Clerk and Recorder's Office (the "PUD Guide "). 5. Subdivision Improvements Agreement for the Base Village Planned Unit Development dated as of November 4, 2004, recorded as Reception No. 520485 in the real property records of Pitkin County, Colorado, as amended by the First Amendment to Subdivision Improvements Agreement for the Base Village Planned Unit Development dated as of December 30, 2008 (collectively, the "SIA "). Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOWMASs ACQUISITION COMPANY LLC January 3, 2014 Page 1 —"' -----'2.4 TC PACKET 02 -18 -14 23 Summary of Proposed Minor PUD Amendment L Vesting Extension SNOWMASS ACQUISITION COMPANY LLC, as the Applicant, is requesting to change the Initial Vesting deadline of the Development Agreement. Pursuant to the Development Agreement, the Applicant was granted Vested Property Rights through November 3, 2014 (the "Initial Vesting ") and, if the Applicant has completed "Phase 2 -B" (as defined in the Ordinance) of the development of the Property within the Initial Vesting period, the Vested Property Rights are extended upon the expiration of the Initial Vesting for another ten year period expiring on November 3, 2024. A. Request to Extend Initial Vesting Deadline. The Applicant is requesting that the Initial Vesting under the Development Agreement be extended from November 3, 2014 to November 3, 2019 in two phases: follows: 1. Two additional years (from November 3, 2014 to November 3, 2016), which would be effective upon approval of this minor PUD amendment. Three further years (November 3, 2016 to November 3, 2019). B. New Initial Vesting Building Milestones. The milestones and phasing would be as 1. The November 3, 2016 vesting milestone to be substantial completion of the Roundabout by October 15, 2015. If the Roundabout is not substantially complete by October 15, 2015, the vested rights would terminate. 2. The November 3, 2019 vesting milestone would be substantial completion of Buildings 6, 7 & 8 and the Aqua Center. If Buildings 6, 7 & 8 and the Aqua Center are not substantially complete by November 3, 2019, the vested rights would terminate. C. Overall Vesting Deadline Unchanged. The Applicant is not requesting an extension of the November 3, 2024 deadline. D. Amendments to Approval Agreements. See Applicant is submitting proposed forms of draft agreements or amendments with this Application, and subject to approval of the requests in the Application, would work with the Town attorney and staff to incorporate revisions to the final versions of the agreements necessary to address language or verbiage comments arising in the review process. Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOWMASS ACQUISITION COMPANY LLC January 3, 2014 Page 2 112.4 TC PACKET 02 -18 -14 24 H. Phasing Amendments The Applicant is requesting that the Phasing described in Section 6 of the PUD Guide be amended as follows: "6. Phasing. The Project will be developed in accordance with the Phasing Plan with no building permits being issued for a subsequent phase until building permits have been issued for each building in the previous phase and substantial construction has been begun on each such building in the previous phase: Phase Lots Buildings Phase IA 1 1, 2A, 2B, 2C, 3ABC, and 3DE 34 surface parking spaces, 13 surface parking spaces on Lot 2, underground parking structure Phase 2A 8 & 9 13A and 13B with underground parking facility Phase 2B 2 4AB and 5 with underground parking facility Phase 3 3 & 4 6, 7 and 8, and the Aqua Center Phase 4 5,6 & 7 lOAB, 11 & 12 with underground parking Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOWMASS AcQUisrrioN COMPANY LLC January 3, 2014 Page 3 BUS RE/4866612.4 TC PACKET 02 -18 -14 25 II. Interim Building 7 Development Agreement Amendment Under the Interim Building 7 Development Agreement, the provisions of Section 1.6 affect the modified Major PUD Application of SkiCo to amend and build Buildings 4 & 5 before a final certificate of occupancy has been issued for Building 7. The Applicant Snowmass Acquisition Company LLC proposes to amend the Interim Building 7 Development Agreement to make it consistent with the request to include the completion of Building 7 in Phase 3. If and to the extent the Town grants approval to SkiCo, this amendment will allow Buildings 4 & 5 to be built before completion of Building 7. Aside from the need to have consistency among the various existing agreements and approvals, the Applicant has not yet made a determination as to the optimal utilization of Building 7, and at this time is not proposing any change from the existing entitlements. Given that the Building 7 transit improvements have been completed, the deferral of the completion of the remainder of Building 7 until Phase 3 has no adverse impact on public improvements or mitigation requirements. Accordingly, the Applicant proposes to delete the first sentence of Section 1.6 of the Interim Building 7 Development Agreement. III. Bonding and Completion of Roundabout Under the current approvals, Ordinance No. 3, and the existing PUD Guide, the Applicant is permitted to develop Buildings 4, 6, 7, 8, 13A and 13B prior to construction of the the Brush Creek/Wood Road Roundabout (the "Roundabout'). The Applicant is proposing to amend the Funding Agreement to remove the Roundabout, conditioned on approval the requested amendments, and to bond the cost of the Roundabout with a payment and performance bond or other security acceptable to the Town upon approval of the minor PUD amendment. During the several year period of time that the Base Village project was controlled by the prior lender group, and the receiver, all of the funds being held in escrow at Alpine Bank as security for the SIA were released by the escrow agent to the receiver. Accordingly, the Applicant will bond the cost of the Upper Wood Road improvements as well as the snowmelt systems at Building 7 and Building 8 with a payment and performance bond or other security acceptable to the Town. The SIA also required trail connections as shown on the "Mobility Map" attached as Exhibit B to the original SIA. According to staff, there are two short segments of trail connections that are not yet installed. The Applicant is proposing that the remaining trail connections will be bonded as a condition to issuance of building permits for the building /lot to which the trail connections relate. Finally, the SIA describes future landscaping which is typically required to be installed prior to issuance of a certificate of occupancy on future buildings. Likewise, the Applicant is proposing that future landscaping will be bonded as a condition to issuance of building permits for the building /lot to which the landscaping relates. The Applicant and the Town (and if necessary Snowmass Water & Sanitation District) would enter into an amended Subdivision Improvements Agreement for the Roundabout work. The Applicant will agree to substantially complete Roundabout by October 15, 2015. Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOWMAss ACQUISITION COMPANY LLC January 3, 2014 Page 4 RTTQ PP/A5244612.4 TC PACKET 02 -18 -14 26 IV. Consent to Convey Lot 2 to Aspen Skiing Company The Applicant is seeking approval of the Town under the Development Agreement to convey Lot 2 to the ASPEN SKIING COMPANY ( "SkiCo ") or a SkiCo affiliate. SkiCo is pursuing a separate application for modified major PUD amendment for Building 5. SkiCo is anticipated to seek to modify the Building 5 approvals to permit its `Limelight' project with an approximately 102 -room hotel and 18 free - market units, and the elimination of Buildings 9ABC. The Applicant will not be pursuing that application itself, but seeks approvals that would accommodate the SkiCo hotel proposal by consenting to the sale of Lot 2. While Section 3.1(b)(ii) allows assignment to the Aspen Skiing Company LLC or its affiliates without Town consent, based on discussions with the Town Attorney the Applicant acknowledges that the assignment restrictions in the Development Agreement were intended to allow the developer, at the time — Intrawest/Brush Creek Development Company LLC (a joint venture between Intrawest Corporation and Aspen Skiing Company), to acquire individual lots for subsequent development in affiliated entities, but under the common development of one master developer. The circumstances have changed since 2004 when the Development Agreement was entered into, including conveyances of the entire project, with the Town consent, to the prior developer Base Village Owner LLC, followed by a foreclosure by the lenders, operation in receivership by the lender, and subsequently the purchase of the entire project, less portions that had previously been sold, by the current Applicant Snowmass Acquisition Company LLC. Given Aspen Skiing Company's role in developing Buildings 4 and 5 (assuming its modified Major PUD is approved), and the extent of its ownership and operation of skier services at Base Village, consent to ownership of Lot 2 by SkiCo is consistent with the original intent of the PUD. Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOWMASs ACQUISITION COMPANY LLC January 3, 2014 Page 5 TC PACKET 02 -18 -14 27 1.2 General Data Requirements Date: January 3, 2014. Name, Address, Telephone Number of Owner and Representatives: Dwayne Romero SNOWMASS ACQUISITION COMPANY LLC 16 Kearns Road, Suite 301 PO Box 6565 Snowmass Village CO 81615 dromero(- ,related.com Craig L Monzio SNOWMASS ACQUISITION COMPANY LLC 16 Kearns Road, Suite 301 Snowmass Village, CO 81615 (917) 916 -7832 emonzioCa)related.com B. Joseph Krabacher SHERMAN & HOWARD L.L.C. 201 N. Mill Street, Suite 201 Aspen, Colorado 81611 (970) 925 6300 ikrabacher(a,shermanhoward.com Physical Address of Property: Base Village, Snowmass Village CO 81615 Legal Description: LOTS 1 -9, BASE VILLAGE HOTEL P.U.D. (FINAL PLAT), ACCORDING TO THE PLAT THEREOF RECORDED MAY 17, 1988 IN PLAT BOOK 20 AT PAGE 84 AND FIRST AMENDED PLAT OF BASE VILLAGE HOTEL P.U.D. (FINAL PLAT), ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 27, 1989 IN PLAT BOOK 23 AT PAGE 46. Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOWMAss ACQUISITION COMPANY LLC January 3, 2014 Page 6 ;12.4 TC PACKET 02 -18 -14 28 1.3 Proposal Data Proposed Building Setbacks: No change Proposed Building Height: No change Proposed Allowable FAR: No change Proposed Gross Building Area: No change Proposed Building Height: No change Proposed Envelope Adjustment: No change Proposed No. of Parking_ Spaces: No change Proposed No. of Bedrooms: No change Proposed Unit Equivalence: No change Unit Equivalence (Village Wide): No change Proposed Restricted Housing: No change 1.5 Additional Information /Minimum Submission Contents Appendix A: Disclosure of Ownership Appendix B: Authorization to Represent Appendix C: Plat with Vicinity Map Appendix D: List of Adjacent Property Owners Appendix E: Fee Agreement Appendix F: Proposed First Amendment to Development Agreement Appendix G: Proposed First Amendment to Funding Agreement Appendix H: Proposed Second Amendment to Subdivision Improvements Agreement Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOWMASS ACQUISITION COMPANY LLC January 3, 2014 Page 7 12.4 TC PACKET 02 -18 -14 29 Section 2: Written Description of Proposed Minor PUD Amendment 2.1 Applicant is seeking a minor amendment to a final PUD pursuant to Section 16A -5 -390. The proposed modifications are consistent with, or enhancement of, the original PUD approval. The changes are very minor and will not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property, and will not change the basic character of the PUD or surrounding areas. The Development Agreement grants Vested Property Rights through November 3, 2014 (the "Initial Vesting ") and, if "Phase 2 -13" (as defined in the Ordinance) is completed within the Initial Vesting period, the Vested Property Rights shall be extended upon the expiration of the Initial Vesting for another ten year period expiring on November 3, 2024. The Applicant is requesting that the Initial Vesting under the Development Agreement be extended The Applicant is requesting that the Initial Vesting under the Development Agreement be extended from November 3, 2014 to November 3, 2019 in two phases: • Two additional years (from November 3, 2014 to November 3, 2016) with the vesting milestone to be substantial completion of the Roundabout by October 15, 2015. • Three further years (November 3, 2016 to November 3, 2019) with the vesting milestone to be substantial completion of Buildings 6, 7 & 8 and the Aqua Center). • The Applicant is not requesting an extension of the November 3, 2024 deadline. • The Applicant is proposing to amend the Phasing under the PUD Guide to the consistent with the current development plans of the Applicant and SkiCo. ® The Applicant is proposing to amend the Funding Agreement to remove the Roundabout as needed to conform to the approvals, and to bond the cost of the Roundabout with a payment and performance bond or other security acceptable to the Town upon approval of the minor PUD amendment. ® The Applicant and the Town (and if necessary Snowmass Water & Sanitation District) would enter into an amendment to the Subdivision Improvements Agreement for the Roundabout work. The Applicant will agree to substantially complete Roundabout by October 15, 2015. The Improvements Agreement amendment would be subject to any remaining funding obligations of the Town under the Base Village Funding Agreement. The vesting changes are consistent with the original PUD because the Applicant is not proposing to add any new development, but is only seeking to develop the same buildings in slightly different phasing schedules. There is no proposed change to the November 3, 2024 deadline. The changes in the Initial Vesting milestone are necessary.in light of the loss of approximately five years of progress due to the severe economic impact associated with the 2008 -2010 recession, and foreclosure, receivership and ultimate reacquisition of the project in 2012. As to mitigation, the amendments are consistent with the Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOWMAss AcQulsiTiON COMPANY LLC January 3, 2014 Page 8 '12.4 TC PACKET 02 -18 -14 30 original PUD, as the same mitigation rates and requirements of the original PUD continue to apply. The Applicant is not seeking to reduce or eliminate any required mitigation, or any of the required off -site improvements, trails or landscaping. The changes proposed affect the timing of when certain buildings are required to be completed, all within the overall November 3, 2024 deadline. The timing of remaining public improvements is not delayed beyond the deadlines required by the original PUD. Importantly, the Roundabout will be completed by October 15, 2015 ahead of any certificates of occupancy of Buildings, 4, 5, 6, 7, 8 and the Aqua Center. For these reasons, this requested extension will not have a substantially adverse effect on the neighborhood surrounding the development, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. Additionally the proposed amendment will not change the basic character of the PUD or surrounding areas as the PUD will remain unchanged. Section 3: Compliance With Minor PUD Amendment Standards 3.1 Compliance with Minor PUD Amendment Standards of the Snowmass Village Land Use Code (A) Section 16A- 5- 300(c) (i) Minimum Land Area. Response: The proposed amendment does not affect the land area of the PUD. (ii) Location. Response: The project is located within the Town of Snowmass Village and the PUD. (iii) Uses. Response: The proposed amendment does not change the permitted use or change the Mixed -Use -2 (MU -2) zoning of the PUD. (iv) Maximum Buildout. Response: The proposed amendment does not affect the Maximum Buildout. (v) Dimensional Limitations. Response: The proposed amendment does not affect the Dimensional Limitations. (vi) Community Purposes. Response: The proposed amendment does not alter the community purposes from the original approvals. (vii) Parking. Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOwmASs ACQUISITION COMPANY LLC January 3, 2014 Page 9 12.4 TC PACKET 02 -18 -14 31 Response: The proposed amendment does not alter the employee housing parking demand. (viii) Road Standards. Response: The proposed amendment does not alter the road standards described in the Original PUD. (B) Consistency with the Comprehensive Plan. Response: As amended pursuant to this Application, the Project will remain consistent with the Comprehensive Plan as the proposed changes are minor in degree and do not alter the Project's compatibility with the Comprehensive Plan. (C) Section 16A -5 -390, Review Standards for an Amendment to a Final PUD (i) Consistent with the Original PUD. Response: The proposed modifications are consistent with the Original PUD. (ii) No Substantially Adverse Impact. Response: Based on the Original PUD, the proposed modifications do not have a substantially adverse effect on the neighborhood surrounding the land nor does it adversely impact the enjoyment of the land abutting, upon or across the street from the Project. (iii) Not a change in Character. Response: The proposed modifications do not change the basic character of the PUD or surrounding areas. (iv) Comply with Other Applicable Review Standards. Response: This Application complies with the other applicable standards described in detail within the Application. (D) Section 16A -5 -310, PUD Review Standards (i) Consistency with the Comprehensive Plan. Response: As amended by this Application, the Project will remain consistent with the Comprehensive Plan since the proposed modifications are minor in affect and will not impact the intent of the Original PUD. (ii) Preservation of Community Character. Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOWMASs ACQUISITION COMPANY LLC January 3, 2014 Page 10 112.4 TC PACKET 02 -18 -14 32 Response: This Application preserves the Town of Snowmass Village Community character by continuing to integrate natural features, mountain settings and the surrounding areas into the design and construction of the Project. As amended pursuant to this Application, the Project will continue to satisfy the requirements of Section 16A -4 -340, Building Design Guidelines, and correspondingly, Section 16A -5- 310(2). (iii) Creative Approach. Response: As amended pursuant to this Application, the Project will continue to satisfy the requirements of Section 16A -5- 301(3). (iv) Landscaping. Response: As amended pursuant to this Application, no changes are proposed to landscaping and the Project will continue to satisfy the requirements of Section 16A- 5- 310(4). (v) Compliance with Development Evaluation Standards. Response: As provided in the Town of Snowmass Village Land Use Code, this Application continues to (1) protect ecologically and environmentally sensitive areas; (2) use land, public and private services and facilities efficiently; (3) ensure development occurs in an orderly and timely fashion; and (4) ensure that a project's design is compatible with the existing scale and character of the Town of Snowmass Village. In particular, the proposed modification will not impact the protection of environmentally sensitive areas, improvements standards, site design standards, or sign standards as set forth in the Land Use Code. (vi) Suitability for Development. Response: As amended pursuant to this Application, the project will continue to satisfy the requirements of Section 16 -A -5- 310(6). (vii) Adequate Facilities. Response: As amended pursuant to this Application, the Project will continue to satisfy the requirements of Section 16A -5- 310(7). (viii) Spatial Pattern shall be Efficient. Response: As amended pursuant to this Application, the Project will continue to satisfy the requirements of Section 16A -5- 310(8). (ix) Phasing. Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOwMASs AcQmsiTioN COMPANY LLC January 3, 2014 Page 11 - ....., ---12.4 TC PACKET 02 -18 -14 33 Response: Except for the change in the Initial Vesting deadline, no changes to phasing are proposed in this Application and the Project will continue to satisfy the requirements of Section 16A -5- 310(9). Supplemental and Restated Application for Minor PUD Amendment to the Base Village PUD SNOwmAss ACQUISITION COMPANY LLC January 3, 2014 Page 12 MA TC PACKET 02 -18 -14 34 ATTACHMENT "C" TC Report 2.18.2014 To: TOWN OF SNOWMASS VILLAGE Mark Kittle, Community Development Director Gary Suiter, Town Manager CC: John Dresser, Town Attorney Jim Wahlstrom, Senior Planner From: SNOWMASS ACQUISITION COMPANY LLC Date: February 6, 2014 Re: Appeal of Decision of Community Development Director APPEAL OF DECISION OF COMMUNITY DEVELOPMENT DIRECTOR 1.1 Introduction Pre - Application Conference. On October 21, 2013, Snowmass Acquisition Company LLC ( "SAC" or "Applicant ") met with the Town Manager, Community Development Director, Town Attorney and Senior Planner. The purpose of the meeting was for a formal pre- application conference, as there had been informal discussions prior to that time between the Applicant's representatives and Town staff. The Applicant provided a Memorandum outlining the major points of the applications that SAC intended to submit, which was used as an outline to guide the pre - application conference discussion. The October 21, 2013 Memorandum discussed in summary the new Initial Vesting milestones that were being proposed by the Applicant, changes to the phasing, a potential donation or transfer of Buildings 6/7 to Anderson Ranch, the potential transfer of Lot 2 to the Aspen Skiing Company for purposes of the Limelight Snowmass hotel, the Aqua Center, completion of Building 8 and other conceptual topics. The topics were discussed in some detail, including the specifics of the Memorandum, the timing of the Minor PUD application in relation to the timing of the Aspen Skiing Company modified Major PUD application, the standards of the Land Use Code that would be applied, which referral agencies would be contacted, public notice and copy requirements. Town staff agreed to treat the vesting application as a Minor PUD, and an eventual separate Major PUD amendment for the Anderson Ranch campus and art facility, addressing substantial issues regarding community benefit, the Aqua Center, and completion of Building 8. The Applicant was directed to submit a separate stand -alone memorandum regarding the Minor PUD application only, which the Applicant submitted on or about October 29, 2013. Application for Minor PUD Amendment. On November 15, 2013, SAC submitted a Minor PUD application to modify the Initial Vesting deadline of the Base Village Development Agreement (the "Development Agreement ") and related amendments to the agreements, BUS-RE/5108986.1 TC PACKET 02 -18 -14 35 including the Base Village Funding Agreement and the Base Village Subdivision Improvements Agreement. Pursuant to the Development Agreement, SAC was granted Vested Property Rights through November 3, 2014 (the "Initial Vesting ") and, if SAC has completed "Phase 2 -13" (as defined in the Ordinance) of the development of the Property within the Initial Vesting period, the Vested Property Rights are extended upon the expiration of the Initial Vesting for another ten year period expiring on November 3, 2024. SAC requested that the Initial Vesting under the Development Agreement be extended from November 3, 2014 to November 3, 2019 in two phases: ® Two additional years (from November 3, 2014 to November 3, 2016), which would be effective upon approval of the proposed minor PUD amendment provided the Applicant completed the Roundabout by October 15, 2015; and Three further years (November 3, 2016 to November 3, 2019), which would be effective upon substantial completion of Buildings 6, 7 & 8 and the Aqua Center. The overall vesting deadline would remain unchanged. SAC did not request an extension of the November 3, 2024 deadline. Planning Commission Hearing. December 18, 2013, the Planning Commission held a hearing to review the original application. It was pointed out during the hearing that in light of the request for the change of vesting that would require substantial completion of Buildings 6, 7 & 8 and the Aqua Center by November 3, 2019, and the Major PUD application that was submitted by the Aspen Skiing Company for development of the Limelight Snowmass in lieu of approved Building 5, that the phasing of the PUD Guide would need to be changed. Supplemental and Restated Application. In response to comments from the Planning Commission, the Applicant supplemented and restated the application and submitted it on or about January 3, 2014. In addition to proposed amendments to the Development Agreement, the Funding Agreement and the Subdivision Improvements Agreement, Applicant proposed amendments to the PUD guide and the Interim Building 7 Development Agreement that were necessitated by the original Application. Planning Commission Hearin. On January 15, 2014, the Planning Commission held a public hearing regarding the Minor PUD amendment for the vested rights extension, phasing changes and completion of the Roundabout. In the staff memo and in the proposed resolution there was a proposed finding whereby the Planning Commission could recommend to the Town Council whether the Application should or should not be treated as a minor PUD amendment or major PUD amendment. The Planning Commission tabled the Application. Decision of Community Development Director. Following a series of meetings among the Applicant's representatives, the Community Development Director, Town Manager, Town Attorney and Senior Planner, on February 5, 2014, the Community Development Director 2 BUS_RE /5108986.1 TC PACKET 02 -18 -14 36 determined that the Application should be reviewed as a Major PUD Amendment rather than a Minor PUD Amendment. Appeal. Pursuant to Land Use Code §§ 16A- 1 -70(e) and 16A -5 -80, SAC wishes to appeal the decision to Town Council. SAC requests that Town Council reverse the Community Development Director's action and allow the application to proceed as a Minor PUD Amendment. 1.2 Compliance with Section 16A -5 -80 - Appeals Section 16A- 5- 80(b): "Written Appeal. An appeal of an action by a decision making body shall be submitted in writing to the Community Development Director within fifteen (15) days after the date of the decision being appealed. The written appeal shall state the basis of the appeal in detail, and the relief that is requested, and shall include any materials or evidence in support of the appeal. " RESPONSE: The Community Development Director's decision was made on February 5, 2014. This written appeal is submitted on February 6, 2014, within (15) fifteen days of this decision. The basis of SAC's appeal is that the Community Development Director's decision is inconsistent with the applicable provisions of the Land Use and Development Code. Section 16A- 5- 300(b)(1) addresses the classification of a Major or Minor PUD, which is set forth in Table 5 -3. The Application does not meet any of the "bright line" tests set forth in Table 5 -3, such as an amendment for more than 4 dwelling, hotel, lodging or other residential units, or more than 4,000 ft.2 of nonresidential space. The Town staff and the Applicant have met and it is in the Applicant's understanding that Town staff does not contend that the Application is a Major PUD because one meets one of the criteria in Table 5 -3. Section 16A- 5- 300(b)(1) further states: "If the proposed development activity does not fit within the criteria listed on the table, then the Planning Director shall determine whether the proposal should be classified as a major or minor development, taking into consideration whether or not it would be beneficial for the Town to review a sketch plan of the proposed development. " The Application requests an extension of its vested rights, which would result in corresponding changes to phasing, but would not result in changes to the approved development. As such, a sketch plan would not be beneficial to the Town in their review of this Application as a sketch plan would simply reiterate the existing approvals. The purpose of sketch plan review is: "to provide an opportunity for the Town and the applicant to engage in an exploratory discussion of the development proposal, to raise issues and concerns and to examine alternative approaches to development of the property. " Section 16A- 5- 320(a). BUS-RE/5108986.1 TC PACKET 02 -18 -14 37 With all due respect to the Town staff's position, the Base Village PUD does not fit within the purpose or intent of sketch plan review, and a true sketch plan review would not be beneficial for the Town. Sketch plan is beneficial when there is an exploratory discussion of a development proposal, whereas Base Village PUD was approved after years of schematic, conceptual and detailed PUD plans. Indeed, sketch plan encourages the consideration of alternatives and "overly detailed preliminary plan level plans will not be considered." Section 16A- 5- 320(a). The Applicant is not currently proposing any changes other than the as- entitled approvals, and has instead been focusing on sales at the Viceroy, the construction of the second Viceroy Building 13B, and seeking to extend the vesting. Accordingly, if the Applicant were to submit for a sketch plan, the sketch plan would encompass the remainder of the existing Base Village PUD project as currently approved and entitled, which the Applicant contends would not be beneficial to the Town and would delay the Application. Section 16A -5 -390 (1) regarding amendment for a final PUD states as follows: "There are three (3) types of amendments, with corresponding procedures, that an applicant may propose to a PUD. The Planning Director shall determine whether the amendment proposal should be classified as an administrative, major or minor amendment, taking into consideration the totality of the circumstances of the proposed amendment together with the procedures set forth in this Article. The determination of the Planning Director may be immediately appealed by the applicant to the Town Council pursuant to the provisions of Section 16A -5 -80, Appeals. " The Community Development Director may also take into consideration the totality of the circumstances of the proposed amendment. At this point, the proposed amendment is to modify the vesting, but not propose to change any of the entitled future phases or Buildings in the Base Village PUD. The discussion regarding extension of vesting is acknowledged by the Applicant to be within the discretion of the Town Council, and there should be adequate latitude and discretion within the Minor PUD process for the Town Council to review the totality of the circumstances of the proposed amendment without requiring sketch plan, and a separate preliminary plan application and detailed or final plan application. Sketch plan level discussions of the existing Base Village PUD followed by preliminary plan application and detailed or final plan application would appear to be substantially duplicative and unnecessary for the Town Council to be able to evaluate and decide whether the Town will extend the Initial Vesting and grant some certainty to the future of the Base Village PUD, or permit the vesting to expire, which would not be beneficial to the Town or the Applicant or the public. SAC respectfully requests that Town Council reverse the Community Development Director's action as inconsistent with the applicable provisions of the TOSV Land Use and BUS-RE/5108986.1 TC PACKET 02 -18 -14 38 Development Code. SAC further requests that Town Council permit SAC's application to proceed as a Minor PUD Amendment. Section 16A- 5- 80(C): "Standing to Appeal. The following persons shall have deemed to have standing to submit an appeal: (1) Applicant. The applicant or the owner of the property; (2) Person who testified. Any parties in interest who testified at the public hearing on the application; or (3) Person who submitted written comments. Any parties in interest who submitted written comments on the application before final action was taken, excluding persons who only signed petition or form letters. " RESPONSE: The Applicant is filing this appeal. Section 16A- 5- 80(C): "Procedure. The appeal shall be heard by the body authorized to hear the appeal at a regular scheduled meeting within thirty(30) days after the date of the filing of the written appeal. The Community Development Director shall inform the applicant, the appellant, and anyone who testified at the public hearing or submitted written comments on the application of the date, time and place of the meeting. The body hearing the appeal shall either affirm, affirm with modifications, or reverse the original action. The original action shall only be modified or reversed if it is determined that (1) There is not substantial evidence in the record to support the original decision, or (2) the original action was inconsistent with the applicable provisions of this Land Use and Development Code. The decision of the appellate body shall be final and shall not be further appealed, but may be subject to review by the courts pursuant to law. " RESPONSE: SAC requests to be placed on Town Council's agenda for February 18, 2014. As set forth in more detail above, the Community Development Director's decision should be reversed as the original action was inconsistent with the applicable provisions of the Land Use and Development Code. BUS-RE/5108986.1 TC PACKET 02 -18 -14 39 ATTACHMENT `D' TC Report 2 -18 -14 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 17 5 SERIES OF 2014 6 7 A RESOLUTION AFFIRMING THE TOWN OF SNOWMASS VILLAGE COMMUNITY 8 DEVELOPMENT DIRECTOR'S DETERMINATION CLASSIFYING THE SNOWMASS 9 ACQUISITION COMPANY'S PROPOSED SUPPLEMENTAL AND RESTATED 10 APPLICATION SUBMITTAL ON JANUARY 6, 2014 FOR AN AMENDMENT TO THE 11 BASE VILLAGE PLANNED UNIT DEVELOPMENT AS A MAJOR AMENDMENT 12 13 WHEREAS, the Snowmass Acquisition Company LLC ( "SAC ") requested a Pre - 14 application conference with the Town Of Snowmass Village ( "TOSV ") Community 15 Development Director ( "CDD ") to obtain information and guidance on TOSV 16 development procedures and standards as well as to determine what provisions of the 17 TOSV Development Code apply to the proposed development; and 18 19 WHEREAS, SAC and the CDD held a Pre - application conference to discuss the 20 initial proposed application on October 21, 2013; and 21 22 WHEREAS, in August, 2013, the applicant represented that a Major PUD 23 Amendment to the Base Village PUD was forthcoming for submittal by December 2013 24 addressing proposed larger changes more comprehensively and as a whole; and 25 26 WHEREAS, the CDD determined that the proposed initial application for mainly 27 text changes to a development agreement and other companion agreements associated 28 to the construction phasing, as it related to the `milestones' and timing of certain public 29 improvements and buildings, was a minor amendment to the Base Village Planned Unit 3o Development ( "BVPUD ") pursuant to Section 16A -5 -390 "Amendment of final PUD" and 31 the Criteria for Classifying PUDs as Major or Minor review process in Table 5 -3 of 32 Section 16A -5 -300 of the TOSV Land Use and Development Code ( "LUDC "); and 33 34 WHEREAS, Section 16A -5- 390(1) of the LUDC, "Amendment of a final PUD ", 35 requires the CDD to make a determination classifying a proposed application as an 36 administrative, minor or major amendment to a PUD; and 37 38 WHEREAS, Section 16A -5 -30 of the LUDC provides that the Pre - application 39 conference is the time the CDD shall make the determination classifying a proposed 40 initial application as an administrative, minor or major amendment to a PUD which 41 classification then determines the proper review process for the proposed application; 42 and 43 44 WHEREAS, on November 15, 2013 the applicant formally submitted the Minor 45 PUD Amendment application, which was determined complete for referral and review 46 purposes on December 4, 2013, distributed accordingly and scheduled for initial 47 Planning Commission review on December 18, 2013; and 48 TC PACKET 02 -18 -14 40 TC Reso 17, 2013 Appeal of Community Development Director Determination Page 2 of 4 49 WHEREAS, at the Planning Commission on December 18, 2013, the application 5o amendment with text changes to development and companion was presented, together 51 with newly proposed BVPUD project phasing changes in table format (similar to the 52 format shown in the Final PUD Guide) and a graphic illustration of the PUD site plan 53 showing intended project phasing boundary and area changes, including the 54 representation that approved Phases 1B (including Buildings 6, 7 and 8 on Lot 3) and 55 Phase 2B (including Buildings 4AB, 5, 9AB and 9C on Lot 2 and the Aqua Center on Lot 56 4) would be reversed and altered in scope; and 57 58 WHEREAS, following the presentation of the applicant's presentation and 59 discussions at the Planning Commission meeting on December 18, 2013, it was 6o determined that the information presented was different than the original application, 61 and it was suggested that the applicant file a formal amendment to the application; the 62 meeting was continued to January 15, 2014 with direction to staff for preparation of a 63 draft resolution; and 64 65 WHEREAS, on January 6, 2014 the revisions to the Minor PUD amendment 66 application was formally filed as a Supplemental and Restated application, which 67 showed the project phasing changes similar to that presented during the Planning 68 Commission meeting December 18, 2013 and included for the record a request to: a) 69 amend the Building 7 Essential Public Facilities Development Agreement, and b) a 70 consent to sell Lot 2 to a separate applicant. The modified PUD amendment application 71 was then referred for review on or around the week of January 6, 2014; and 72 73 WHEREAS, at the continued Planning Commission meeting on January 15, 74 2014, a resolution was presented indicating a draft finding whether the proposed 75 supplemental and restated application was a minor versus a major amendment 76 application, and Planning Commission determined that such finding should be made by 77 the Community Development Director. Further discussion or action was tabled on the 78 application amendment and resolution; and 79 80 WHEREAS, after a few applicant and staff deliberations on whether the 81 applicant's Minor PUD Amendment, as supplemented and restated, could be 82 consolidated with the separate Lot 2, Base Village Major PUD Amendment Preliminary 83 Plan, it was determined by both applicants once again that each proposal would 84 continue on separate tracks for review purposes; and 85 86 WHEREAS, on February 5, 2013, the CDD made a determination classifying the 87 Supplemental and Restated application submitted on January 6, 2014 to the Minor PUD 88 Amendment as a Major PUD Amendment; and 89 90 WHEREAS, the applicant filed an Appeal dated February 6, 2014 to the CDD 91 decision for re- classification to Major Amendment that was received on February 7, 92 2014; and 93 94 WHEREAS, Section 16A -5- 390(1) of the LUDC, "Amendment of a final PUD ", 95 provides that the determination by the CDD classifying the proposed application as an TC PACKET 02 -18 -14 41 TC Reso 17, 2013 Appeal of Community Development Director Determination Page 3 of 4 96 administrative, minor or major amendment to a PUD may be immediately appealed to 97 the Town Council pursuant to Section 16A -5 -80 of the LUDC; and 98 99 WHEREAS, Town Council heard the appeal of SAC pursuant to the provisions of loo 16A -5 -80 of the LUDC on February 18, 2014. 101 102 Section One: Findings. Following careful evaluation of the written appeal submitted 103 by SAC, other materials and testimony of SAC, TOSV staff comments and 104 recommendations, together with public comments, the Town Council finds that: 105 106 1. There is substantial evidence in the record to support the determination of the 107 CDD classifying the proposed Supplemental and Restated application submitted 108 January 6, 2014 to the previous PUD amendment submission as a Major 109 Amendment to the BVPUD. 110 111 2. In the Supplemental and Restated application, the approved BVPUD Phase 1B 112 (including Buildings 6, 7 and 8) and Phase 2B (including Buildings 4AB, 5, 9AB 113 and 9C on Lot 2 and the Aqua Center on Lot 4) would be reversed, the 114 boundaries / area and /or scope was proposed for modification, and the project 115 phasing sequence was represented differently than in original approvals. 116 117 3. The initial application request for a Minor PUD Amendment involving text 118 changes to development and companion agreements did not make reference to 119 project phasing changes other than note Phase 213, which needed to be 120 complete prior to the project receiving a secondary 10 -year vesting extension per 121 the 2004 approvals. 122 123 4. No sketch plan application regarding the future of Base Village has been 124 submitted. 125 126 5. The initial application description also made reference to `phasing' in terms of 127 proposed milestones, the roundabout completion and building timing in relation to 128 construction scheduling, but not specifically in regard to proposed project 129 phasing. 130 131 6. There is a significant different between construction phasing schedules and PUD 132 project phasing. 133 134 7. The CDD determination is consistent with the applicable provisions of the LUDC 135 in re- classifying the Minor PUD Amendment with a Supplemental and Restated 136 application on January 6, 2014 as a Major PUD Amendment. 137 138 Section Two: Action. 139 14o The Town Council hereby affirms the determination of the CDD classifying the proposed 141 Supplemental and Restated application submitted January 6, 2014 as a major 142 amendment to the BVPUD per the findings of fact in Section One, Findings. 143 TC PACKET 02 -18 -14 42 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 TC Reso 17, 2013 Appeal of Community Development Director Determination Page 4 of 4 INTRODUCED, READ, AND ADOPTED, on the motion of Town Council member and the second of Town Council member by a vote of in favor and opposed, on this 18th day of February, 2014. ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney Bill Boineau, Mayor TC PACKET 02 -18 -14 43 MEMORANDUM TO: Snowmass Village Town Council FROM: Community Development Department DATE: February 18, 2014 RE: Appeal of Town Council Resolution No. 30, Series of 2013 — Sprint Antenna Upgrades Appellant: Sonnenblick Condominiums, Inc. Planner: Sloan Campi ATTACHMENT(S): 1. Town Council Resolution No. 30, Series of 2013, with exhibits 2. Notice of Appeal dated December 17, 2013 3. Written opinion of opposition from Hiram Champlin entered into public record for the regular Town Council Meeting on December 2, 2013, with attachments. The appellant is challenging the decision made by the Town Council on December 2, 2013, for Sprint Spectrum, LP, "Applicant," represented by Aaron Adelman, SMJ International LLC in Wixom, Michigan, to construct upgrades to the already existing antenna system atop the roof of the Westin Hotel. The decision was made by approval of Town Council Resolution No. 30, Series of 2013, which was processed in accordance with Section 16A -5- 230, Special Review, pursuant to Section 16A -3 -50 of the Town Municipal Code. Now, pursuant to Section 16A- 5 -80(d) of the Municipal Code, the hearing body, shall affirm, affirm with modifications or reverse the original action. The original action shall only be modified or reversed if it is determined that: (1) there is not substantial evidence in the record to support the original decision, or (2) the original action was inconsistent with the applicable provisions of the Town Land Use and Development Code. The appellant filed the appeal on December 17, 2013. The original decision approved the Special Review Application to modify the existing antennas to allow: for Sprint to support their "4G" network in Snowmass Village. There are currently two existing "cabinets" that allow for cellular telephone reception. The Applicant plans to add two new cabinets for an interim period, and then remove the obsolete antennas. Two new antennas are proposed on the Eastern roof of the Westin Hotel, one of which extends approximately three (3) feet above the roof line (See Exhibit A, Sheet A3). No expansion of fenced compound is proposed, no lighting is proposed, and no change of use is proposed. The original antennas were existing since 1992 atop the Westin Hotel (formerly Silvertree Hotel). "IRON t _rol:�lJ7�1i1► 17a TC PACKET 02 -18 -14 44 During the Regular Town Council Meeting on December 2, 2013, Staff explained to Town Council that the public record contained a discrepancy from Hiram Champlin, representing the Sonnenblick Homeowners Association, expressing opposition to the project by Sprint Spectrum LP. Mr. Champlin opposed the project due to possible violation of a view easement, recorded in 1969 at the Pitkin County Clerk and Recorder's Office, stating that the proposed antennas encroach upon the easement. The Applicant, investigated the placement of the antennas, and determined that one antenna is proposed within the lateral boundary of the view easement, but not within the horizontal elevated boundary, due to the fact that it is placed below the roof line of the Westin Hotel. Town Council considered this fact and passed Resolution No. 30, Series of 2013. Planning Commission Resolution No. 03, Series of 2013 originally recommended a Special Review Application by Sprint Spectrum, LP ( "Applicant ") to the Town Council to permit the mounting of rooftop antenna reception or transmission devices and construction of an equipment storage shed at the Silvertree Hotel. The Town Council approved Resolution No. 23, Series of 2001, thus allowing the construction of the antenna and transmission devices. The Resolution, however, contained conditions that should modifications in the manner such as those presented in this Staff Report be requested, that Town Council approve them. Sprint Spectrum, LP currently holds a PCS Site Agreement with the Westin Hotel property (formerly Silvertree Hotel) allowing improvements to be made to the existing antenna facilities. The agreement stipulates, "SSLP may, at its expense, make such improvements on the Site as it deems necessary from time to time for the operation of the PCS system. Owner agrees to cooperate with SSLP with respect to obtaining any required zoning approvals for the Site and such improvements. Upon termination or expiration of the Agreement, SSLP may remove its equipment and improvements and will restore the Site to substantially the condition existing on the Commencement Date, except for ordinary wear and tear and casualty loss," The agreement originally commenced on August 31, 1999, and has been renewed 2 out of its allowed 4 times allowing 5 year terms each. The next date the agreement term is up for renewal is in 2014. Section 16A -3 -250. Antenna reception or transmission devices: A proposed antenna reception or transmission device shall comply with the following standards: (1) Dimensional limitations. The installation of an antenna shall comply with the dimensional limitations of the underlying zone district. STS: The underlying `PUD' zone district height limitation is 69 feet, and the site is already used by Sprint for antennas. This use is allowed under the terms of the Silvertree Planned Unit Development. The Applicant is proposing two new antennas Town of Snowmass Village Community Development Department Page 2 of 5 TC PACKET 02 -18 -14 45 on the Eastern roof of the Westin, one of which extends approximately 3 feet beyond the roof line, which still falls within the height limitation. (2) Not located in right -of -way. An antenna shall not be placed in a public or private right -of -way. STAFF: The roofs of the Westin Hotel where the Sprint antennae and equipment are located are not positioned within the public right -of -way. (3) Danger. An antenna shall not cause any increased danger to neighboring property in the event of a collapse or other failure. The proposed antenna installation may be denied if it is determined that any collapse or failure would cause damage to neighboring property. STAFF: Pursuant to Town Council Resolution No. 23, Series of 2001, Section Three, Condition 4, the applicant is required to submit a building permit prior to the installation of the antenna described within Exhibit "A." (4) Visibility. The decision- making body shall determine whether the visibility of the antenna has been reduced to the highest degree possible, including, but not limited to, sensitive choice in placement, screening with fencing, landscaping, subgrade placement, use of earth tone colors and any other effective means that screens the antenna and does not appear to be unnatural on the site. The proposed antenna installation may be denied if it is determined that the visibility has not been sufficiently reduced. STAFF: Please reference the attached photos taken of the existing antennas on the Westin Hotel roof from certain vantage points on surrounding areas. From staff's perspective, the Applicant's proposal should not adversely affect surrounding properties. The current color of muted gray appears to be best blend in with the sky. Section 16A- 5- 230(e)e Special Review: The proposed Special Review application is subject to the following Code review standards: 1. Consistency with the Comprehensive Plan. STAFF: Some of the policies in the current Comprehensive Plan that might relate to the proposal include: o Complement and integrate new development into the existing character of Snowmass Village; o Preserve community character; o Encourage new development or re- development that serve visitor's recreation, dining, shopping, entertainment, and basic service needs; o Limit development to the minimum amount deemed necessary for the community to achieve economic sustainability; and o Consider long range goals and community needs. Town of Snowmass Village Community Deveioament Department Page 3 of 5 TC PACKET 02 -18 -14 46 2. Compliance with the Development Code, including the zone district standards and the development evaluation standards. STAFF: Staff believes that a majority of the Development Evaluation standards should not be applicable, considering that they were either addressed with the Silvertree Hotel approval in 1986 or with the recent Administrative Modification/Notice of Decision in February 2012 to redevelop the site into a Westin Hotel. 3. Compatibility. STAFF: Please reference the staff report above regarding Municipal Code Section 16A -3- 250 and the review standards for antenna reception or transmission devices. 4. Adequacy of Access. STAFF: Proposed access to the site via Elbert and Fall Lanes should be adequate as has been in the past. 5. Design minimizes adverse impact. STAFF: Please reference the staff report above regarding Municipal Code Section 16A -3- 250 and the review standards for antenna reception or transmission devices. 6. Design minimizes environmental impacts. STAFF: Environmental impacts should be minimal in this case. 7. Facilities. STAFF: Adequate water supply and sewage disposal service are available nearby. 8. Parking. STAFF: There is a service area on Fall Lane for possible parking usage if necessary or in the nearby Town public parking lots. Considering the evidence provided by the testimony and exhibit of Sonnenblick Condominiums (which exhibit is not executed by a registered surveyor) as well as the depictions and photos provided by the applicant, including applicant's graphic renderings made upon the Sonnenblick exhibit, staff finds that given the lack of a certified rendering precisely identifying the location of the proposed antennas there is a possibility that there is not substantial evidence to support the original decision. Therefore, staff recommends that Town Council grant the appeal. Tn-n of cnowmass Village Community Dev-1- -lent Department Page 4 of 5 TC PACKET 02 -18 -14 47 Approve Resolution No. 8, Series of 2014 granting the appeal of Sonnenblick Condominiums and remanding the application to the Planning Commission for further Special Review proceedings on the application in order to allow applicant and appellant to provide any further evidence deemed necessary by either, to be reviewed and determined to be substantial by Planning Commission and subsequently Town Council in order to support a decision on the Special Review application. Town of Snowmass Village Community Development Department Page 5 of 5 TC PACKET 02 -18 -14 48 M ATTORNEYS HERBERT S. KLEIN* hsk®kceclaw,com 101 SOUTH MILL STREET LANCE R. COTE, PC- cate0ceciaw.com SUITE 200 JOSEPH E. EDWARDS, III, PC 1ee®kceclaw.com ASPEN, COLORADO 81611 KENNETH E. CITRON -- k(;itrQMkceclaw.ccrm TELEPHONE: (970) 925.8700 MADHU B. KRISHNAMURTI m4k@kkpctaw.com www.kcedaw.ccm 'also admitted in Hawaii "also admitted in California also admitted in New York and Massachusetts December 17, 2013 VIA E-MAIL: mkittlefaa�,tosv.com Mark Kittle Town of Snowmass Village Acting Community Development Director P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Ike: Notice of Appeal Concerning Town Council Resolution No. 30, Series of 2013; Sprint Antenna Upgrades at the Westin hotel (Silvertree FUD) Dear Mark: This office represents Sonnenblick Condominiums, Inc. ( "Sonnenblick ") for the purpose of this Notice of Appeal, subrnitted pursuant to Section 16A -5 -80 of the Town of Snowmass Village Municipal Code. On December 2, 2013, the Snowmass Village Town Council ( "Council ") approved Resolution No. 30, Series of 2013 (the "Resolution "), a copy of which is annexed hereto as Exhibit A. In relevant part, the Resolution approved the application of Sprint Spectrum, P.C. ( "Sprint") to install two (2) new PCS (cellular telecommunication) antennas upon the rooftop /elevator shaft of the Westin Hotel. The Resolution provides that each of the new antennas may rise up to approximately I V -10" above the rooftop penthouse of the hotel and 18'- 10" above the main roof of the hotel. (Resolution §3(2)). The Resolution is conditioned upon the restriction that "[tlhe placement of the subject improvements shall not conflict with any easements, restrictions, limitations or reserved rights of record that may pertain to this property," (Resolution §3(5)). Sonnenblick owns a view easement (the "View Easement ") in the air space above what is now the Westin Hotel. Specifically, by Deed dated January 27, 1969, recorded at Book 239, Page 213 as Reception No. 133982 in the records of the Pitkin County Clerk and Recorder, the grantor of the Sonnenblick sites granted the View Easement to Sonnenblick's predecessor -in- interest, providing that: TC PACKET 02 -18 -14 49 Mark Kittle Town of Snowmass Village Acting Community Development Director December 17, 2013 Page 2 the highest point or part of any building or structure erected on the land depicted and described as "View Easement" on Exhibit A attached hereto shall rise ... no higher than the elevation ... of 8664.68 feet above sea level. A copy of the Deed conveying the View Easement is annexed hereto as Exhibit B. The proposed placement of the new antennas is depicted in the plans attached to the Resolution as Exhibits Al through M. See Exhibit C annexed hereto. Prior to the Public Hearing on the Resolution, Sonnenblick submitted its written opposition to Sprint's application, on the grounds that the placement of the proposed new antennas would encroach upon the View Easement, extending to a height exceeding 8,664.68 feet above sea level and encroachimg laterally into the View Easement. See Exhibit D annexed hereto. Notwithstanding Sonnenblick's opposition, the Resolution was approved, including with regard to the placement of the new antennas. Sonnenblick believes that Council's approval of the placement of the proposed antennas within the View Easement conflicts with the condition that the placement of the antennas shall not conflict with any easements. Sonnenblick therefore contends that Council's approval of the resolution and the internal conflict between the approval and the condition upon which it is predicated presents a circumstance by which Council exceeded its jurisdiction or abused its discretion. In light of the foregoing, Sonnenblick respectfully requests that the terms of the Resolution be reconsidered and amended such that the proposed antennas are approved only if placed outside the View Easement. Based on the attached exhibits, it appears that this can be accomplished by simply moving the placement of the antennas from one side of the elevator shaft to the other. If there is anything in addition to this Notice that is required in order to pursue this Appeal or if you need additional information from, please contact me. Sincerely, KLEIN CO ' WARDS C ON UC By:_ Kenneth E. Citron Enclosures (Exhibits A-D) TC PACKET 02-18-14 50 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 RESOLUTION NO. 30 4 SERIES OF 2013 5 A RESOLUTION APPROVING WITH CONDITIONS THE SPECIAL REVIEW 6 APPLICATION FOR SPRINT SPECTRUM, LP, WIRELESS TRANSMISSION 7 FACILITY MODIFICATIONS ON THE ROOF TOP OF THE WES71N HOTEL, 8 WHEREAS, a cellular antenna installation at the Silvertree Hotel was initially 9 approved by the Town in August 1992; 10 WHEREAS, the Applicant ("Sprint"), as a representative of Sprint Spectrum L.P., i1 a Delaware limited partnership ("SSLP ") entered into a Site Lease Agreement on 12 August 31, 1999, which allows improvements on the site as it deems necessary for the 13 operation of the PCS (cellular telecommunication) system; 14 WHEREAS, Section 16A -3 -5, lone District Use and Schedule, of the Town of 15 Snowmass Village Municipal Code ( "Municipal Code ") permits antenna reception or 16 transmission devices as an allowed use requiring special review approval in the PUD 17 zone district; is WHEREAS, Snowmass Village Town Council Resolution No. 23, Series of 2001 19 permits the mountain of rooftop reception or transmission devices on the Siivertree (now 20 Westin) Hotel, and modifications to this facility is conditional upon Town Council 21 approval, 22 WHEREAS, SMJ international, LLC, on behalf of Sprint, submitted a Special 23 Review application on August 27, 2013, in accordance with Section 16A -5 -230 of the 24 Town of Snowmass Village Municipal Code ( "Municipal Code "); 25 WHEREAS, the apphca#fon proposes tp repla ; and upgracip the existf ng 26 antennas and equipment, and add two :(2) ne�ankenna.Eacfiof "the arrtennasv�ili not 27 f6is6j more than" a mdxlmum ' of approiifmately "'1 t' -10" above the rooftop penthouse 28 structure and no higher than 18' -10" above the main roof top of the Westin Hotel or to a 29 maximum of approximately 65' -6" above finished grade as represented in the drawings 3o in attachment Exhibit "A" incorporated herein; 31 WHEREAS, the Applicant requested the Special Review pursuant to Section 32 16A- 5.230(b), Permit Required, for a use, an antenna reception or transmission device, 33 that Is designated as a special review use within the underlying 'PUD' zone district as 34 set forth in Article 111, Zone Districts. Such use may be approved as a referral to a 35 decision- making body; CA 7 TC PACKET 12 -02 -13 14 TC PACKET 02 -18 -14 51 48 1. The Applicant submitted the application for the Special Review in accordance 49 with the provisions of the Municipal Code. so 2. The application adequately provided the "Applicafion/Minimum Contents" 51 required pursuant to Sections 16A-5-40 and 230, and it included written and 52 graphic materials in sufficient detail to deem the application complete for referral 53 and review. 54 3. Supplemental information acceptable for submission has been supplied by the 55 Applicant during the review process for consideration mainly In response to Town 56 staff comments and concerns. 57 4. All public hearing notification requirements, as specified within Section 16A.5. 58 60(b) of the Municipal Code, have been satisfied. 59 5. The Applicant satisfactorily demonstrated compliance with the review standards 60 in Section 16A-5-230(e) of the Municipal Code in that: 61 a) The use Is consistent with the intent of the Comprehensive Plan. 62 b) The use complies with all other applicable standards of the Municipal 63 Code. 64 c) The use is appropriate to its location and compatibility with the character 65 of surrounding land uses In the area, and would not adversely affect future 66 development of the surrounding area, 67 d) Access to the site Is adequate for the proposed use. kCKET 12-02-13 is TC PACKET 02-18-14 52 TC Reso. 2013.90 Sprint Antenna Upgrades on roof top of Westin Hotel 68 e) The design and operation of the use minimizes adverse impacts and 69 would not create a nuisance. 70 f) The use minimizes environmental impacts and would not cause significant 71 deterioration of water and air resources, wildlife habitat, scenic resources 72 and other natural resources. 73 g) There are adequate public facilities available to serve the use or the 74 Applicant will provide necessary improvements to address service 75 deficiencies that the use may cause. 76 h) There is sufficient parking for the proposed use. 77 S,ecgon Two: Action. This Special Review concerning the replacement and/or 78 modification upgrade of the existing antennas is hereby approved by the Town council, 79 subject to the following conditions of approval. so Section Three: Cond1donsr of Approval. The Special Review approval by the Town 81 Council will be subject to the Applicant satisfying the following conditions: 82 1. The Applicant shall adhere to all material representations made In the application 83 and in the public meeting/hearing. 84 2. The approval will allow for the upgrade and/or modification to the existing 85 antenna transmission facilities and equipment. No major alteration of the facility 86 site(s) Is approved. Each of the antennas shall rise not more than a maximum of 87 approximately 11' -10" above the rooftop penthouse structure of the hotel and no 88 higher than 18' -10" above the main roof top of the Westin Hotel or to a maximum 89 of approximately 65'-6" above finished grade as represented in approved plans In 90 attachment Exhibit "A" proposed conditions elevation drawing. 91 3. The pipe mounts and attachment brackets should be painted to match the 92 building and better conceal these elements and the antennas shall remain similar 93 to the existing muted gray color. The cabinets and other equipment proposed in 94 the plan shall also be screened in a similar fashion. 95 4. All wiring and cable shall be concealed to the greatest extent possible and all 96 electronic equipment shall be located entirely within the existing hotel structure, 97 5. 98 99 TC PACKET 12 -02 -13 TC PACKET 02 -18 -14 53 16 a 117 READ, APPROVED, AND ADOPTED by the Town Council of the Town of 118 Snowmass village on December 2, 2013 upon a motion by Counciim9n1ber 119 , the second of Councilmember , and upon a vote of in favor 120 and — against. 121 122 123 124 125 126 127 ATTEST 128 129 130 131 Rhonda B. Coxon, Town Clerk 132 ... M TOWN OF SNOWMASS VILLAGE TOWN COUNCIL Sill Boineau, Mayor 134 A. Location Map, Existing and Proposed Elevation Drawings TC PACKET 12 -02 -13 17 TC PACKET 02 -18 -14 54 �x- j "I I 235 B. Photos of existing conditions 136 G. Aerial Imagery 138 > Applicant's application materials received August 27, 2013 139 > Staff report dated October 16, 2013 TC PACKET 12-02-13 18 TC PACKET 02-18-14 55 Fq %t r �1 r i a � y ItZ" t t v \ a`y x t ry yt r .. t _ t _.. �• t s ; I K OnlVIA y fit MY e , s 1 MY 145� E' 3r' /T Y° r d mill ,'�, yr B ' " s`' . ' ',` 'D t Iu t t� �, f,07 ms'µ /t ^L' RUN iE rit�1 i 9 i a 1 �:.�. tr~•, ` *���r n. f � +�l s'L t � i✓ �� �, � p L"r����s r � i .�a k_.9�;.• .r�,,, ; s�.,�r r ys�.5�� ��*r}� t. E��,. � � � ! �` ° Alit /ftrz;. �r.x .:''ii#3',:. ._� E b b m w TC PACKET 02 -18 -14 57 h b n m N 0 pY i i- P R � R R # n N N- TC PACKET 02 -18 -14 58 r � � v n O W w N FJ O �a pn iy�t.. C v P t'p m w LJ d K H• O P z 0 w 0 y m H w m m O M N O N w TC PACKET 02 -18 -14 59 hi JzT_a ej Vf if INT'll MA TC PACKET 02-18-14 60 C PACKET 12 -02 -13 25 TC PACKET 02 -18 -14 63 I of, ar4 'abc G}M ssu -na• ab wi VI Bti 2J B� t ij t t I C j { B M of,. In and to the AOvi bgrgal-n 'preM1a*es,1'hej-e4#,gMpnts, and appurtenances; To HAVR AND 0, JJOLD tie said. premi" eo above. b"gained and devorlted With the qMurtenanoea unto - oe "Ore Grantee and Grantees sucab ore and assigns fomever.•• Exqm�MG to Snqwmahs, lts,suooessorB and assigns forever, all all. il, gas and other minerals or"My nature whatsoever.in, op or under the prbperty'Fleacribed above, or ar*i part therieof, and all water rights apBocl. ped with or appurtgn4nt to said property or any part thereof; pro- vided that Snowmass shILLI have np right to enter upDn.the surface of said property for the purpose of rembVing aiiqh or for any other purpose in connection with this exceptioti and reservation and shall not impair the subjacent •support of said Property by exercise' of any rights in connec- tion with this exception and reqervi6tion, and SUBJ= TO: All provisions of the Genera-1:Declsra;- tion for -West Village, reoorded -�n hook 227 at page 266 of 'the records In the office of the Clark and R;corder of F#kin County, Colorado, of the First Addition Declaration for West Village, recorded in Book 2S3 at page 4 of said records, o . f the Second Addition Declaration for West Village, recorded in Book 238 at page 413 of said record&,, and of the Certifi- cate of Tneorporation. of West Village Association, Inc. appearing in said records and bearing Reception No. 127590; All matters shown and all provisions of the Dedication of 'the recorded plat of the property; Any liens for taxes and assess- ments not yet due and payable including without limitation any taxes and assessmentb resulting from the Inclusion of the property in the Asperrilire Protection District, Mount Sopris Spil conservation District, and Snowmass Water and SaAAtat;Lon District; Reservations of mineral rights in patents, TC PACKET 02-18-14 64 `'Al t P a a t C TC PACKET 02 -18 -14 65 �rr ell= 1 if. 4iWs 'end other ire81 and cell ditoh W19 rater rights'and of tray therefor; and the follower qa¢.',,..���� dr.> restrictions. ;? Each Site described above`eh�jl bQ. T '. p5 t. o a Building designed for private 000upaaoy by a� 'g and such Building shall be used solely for res living and sleeping purposes. The Building on 6q a common Mall with a Building on an adjoining Site.,= Building on a Site shall not include any other �a ctr GI'I ties of whatever nature or any facilities deaLgnad tq ._ Income in any manner whatsoever, whether directly o-r, ^` except rental income from leasing of the Building for rai Y� tial, lodging, living or sleeping purposes. Without the' prior written consent of Snowmass obtained in each inate;we, w n a Site ahall be used for no other purpose whatsoever, nor shall the Building Initially constructed on a Site be altered, added to or reconstructed in any fashion whloh Mould result in the Building being, either phyalcally or functionally, ; anything but virtually identical to the Building initially constructed except for immaterial variations. Any such oon- sents shall requir the payment to Snowo)ssB of suoh amounts 1 as it shall determ�4; it being expressly understood that the price of the property clearly reflects the restrictions exacted. Snowmass shall have unrestrained discretion in determining whether and on what terms and conditions such r' consents should be given. If there Is a breach of, or a failure to oompiy +, with, any of the covenants, conditions and restriotions con tained in this document as to any of the Sites conveyed Lam" s, hereby, then Snowmass shall have the right, after urUt en ^; TC PACKET 02 -18 -14 65 13 I'� p'll CM IMMOP i I VIM Nam TC PACKET 02-18-14 66 TC PACKET 02 -18 -14 67 end aseigas ,o against ail and everypeaeori� Cjfiim7 w .9 or to alalm the hole or . _ �Y part ��_ of under �iowsrises, to,'WARRANT AND FOE�Pi 1R y 1N WrfNESS WHEREOF, Snowmass -'has be hereunto subscribed the day andpear Pik Ss `J� �klD '! �s•., SNOWMASS AMEft1CAN CORPORATION,. a Delaware corporation t ` r e►'y1Sttiat: r.. erb R.L. erg, Pre sid _ was Secretary STATF. OF COLORADO) ) sa, COUNTY OF FITKIN ) The foregoing instrument was acknowledged before me this % day of t IBfi by R. LY I%rberg, as President and by %% c / as Sf7,` secretary of Snowmass American Corporation, a Delaware corporation, ,i+.o•.au,yn. ro tj .tom ; i •4,,,i •.�.. My commission expires /i 1A ./"- f ,,r /1 - WITNESS my hand and official seal. + Notary Public /��%�� TC PACKET 02 -18 -14 68 • 4 TC PACKET 02 -18 -14 69 e n v A n m i N c w w N O TC PACKET 02 -18 -14 g� 5 F- n b. r- n m R 9 • ) q M m J O w Ilia 5 .. .... cn 11 1 H TC PACKET 02-18-14 71 ty A V D !1 m N N 4 W I T T Y O on yb'' d V w � G R 0 "L d w 0 W �4 W f6 W O r� u 0 N W TC PACKET 02 -18 -14 72 e } r n D pN N W lilt s I � J H 9 Q pg� o n w °n W K m Y � C✓S!� N � O N � W g TC PACKET 02 -18 -14 73 WoAspace Webrnail :: print i 5 i Print F Close Window Subject: Special Review Application From: Hiram Champlin <HHChamplin @gmail.com> Date: Fri, Nov 22, 2093 1:04 pm To: scampi@tosv.com, rcoxon @tosv.com Cc: Mitch Wolf <mwolf @cranraaitors.com >, Lance Cote <cote @kceciaw.com> Attach: SnowmassVillageaownCouncii,PDF 18318E.pdf Sloan, Page 1 of 1 Per our conversation, attached please find a plat that the Sonnenblick Homeowners Association recently had done that shows the encroachments into our view easement by the Conference center and the Westin Hotel. The easement is filed at the county courthouse in book 239, page 293 -219. It appears from the packet you referred me to, http: / /co- snowmassvill age. civicplus. com/ AgendaCenterNewFile /Agenda/10162013 -73, that some of the antennas will be in our view easement, Please review and let me know your findings before the Special Review Application hearing is to be held on December 2nd, 2013, see attached. We want to be on record as being strongly opposed to any project that penetrates our view easement without our express written approval. I'm surprised that the Conference Center and the Westin were allowed by the Town to build into our view easement without our permission, Please let me know what duties the Town has to protect us from these recently discovered encroachments and what needs to be done for us to be protected In the future. Sincerely, Hiram Champlin Sonnenblick Homeowners Association (580)548 -6580 HHChamplin @gmall.com Copyright © 2003 -2013. All rights reserved. u., https: / /emai102.secureserver.netiview _print multi. php? uidArray= 6441INBOX&amp;aEmIPart =0 12/12/2013 TC PACKET 02 -18 -14 74 PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING \NILL BE HELD BEFORE THE SNCWKW\S8 VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT DATE: December 2nd, 2013 TIME., During a regular meeting that begins a\4:OOP.M. WHERE: Town Council Chambers Town Hall, 13O Kearns Road Snowmouu Village, CO WHY: To receive public comment on m Special Review Application by 8K8J International, LLC. regarding an upgrade of the Sprint Antennas Currently on the roof of the Westin Hotel (1OO Elbert Lene). CODE: The application will be processed pursuant to Section 16A'3'250. "Antenna nyuopLiom and transmission devices" and Section 16A'5'230. "Special Review' of the Snmvmasm Village Municipal Code INFO: The Special Review application requests to modify the existing antennas to allow for Sprint to support their "4G'- network in Snowmams Village The application involves the addition of two (2) new ^oehina\e^ for equipment for an interim period of no more than six (D) months and two (2) new antennas nn the Westin Hotel rooftop, The antennas will not extend more than three (3) feet above the rooOine, No expansion ofthe existing fenced compound /oproposed, no lighting /aproposed, and no change uf use ioproposed, Additional information regarding the proposal is available for inspection at the Snnmmase Village Community Development Department, by telephone at (970) 923-5524 during nonno| business hourn, or via the Town's web page at , Written comments are encouraged and will be accepted until the close of the public hearing, For inclusion of written comments in the staff repofl. submissions must be received o minimum of 10 days prior tothe public hearing to the following address: Snmwmouo Village Planning Department P.O, Box 5O1O Gnmmmoss Village, CO 81615 Attention: Sloan 8ampi.Planner Email: Additional public hearings maybe held for which only published notice may occur. Telephone: (07O)Q23-3777 Internet Access to Council email: Citizen Feedback Hotline. (07O)922'$727or Rhonda B. Coxon Town Clerk TC PACKET 02-18-14 75 I. r ', L t n h \ / `vN / i•lj Eti. 19�,F i k�Mi r p i ➢It iiii�s` �f•cF z n � � •� n 44.e �. �`- �61g= ,6dtbbbi�G 'a'1���1 lrytp�rt:: I a" � ygg r m 7 EI�j E iMi�F66tfb k] f 6p p, idi�itp:P 6p11P•� ���IrR nA p �e! TC PACKET 02 -18 -14 76 a \ z z w U W u m3 _ yy9 u y�f R e c .. ®I. 09 e F a �ppp u[ m z B �i s; \ P � � � FL ^•Y t C + \ \ f S • � \ '4 fC�� `` ` � f l TC PACKET 02 -18 -14 77 0 if Y !. i6 t c i^ ^�` - � n S � F���E���fiAdG �' A Ei' 8 �r i ` P fG"• zz' s EY T�C��� I i� {iritieElR. FiJ'Od?�dYi .sr p .E�BKiK 6 S .. + iitf Lt Y { G }}E f_ = 7 � 0. i� {Qi. b K fTY.II�:cly (�$`f :. a YTLIIS�Lift T efif' i �yi 7Y y C i(p,Z F t'�9L. it. i tip I=:1 fit!IiF - � 4s feL ;f Y !�./'Ezdc a F t E E t d UCcp a t i' i / °� f f �•9R Zia i � c f f TC PACKET 02 -18 -14 77 0 TC PACKET 02 -18 -14 78 4� r Uw TOWN COUNCIL W1 4w] 1449 WHEREAS, Sprint Spectrum, LP ("SS") submitted a Special Review application (the "Application") with the Town of Snowmass Village ("TOSV") Community Development Director ("CDD") seeking approval to replace and slightly relocated cell towers on the roof of the Westin Hotel; and WHEREAS, during the course of the Special Review, Sonnenblick Condominiums, Inc. ("SCI") submitted written testimony and graphic depictions objecting to the location of the cell towers and requesting the Application be denied; and WHEREAS, Planning Commission reviewed and forwarded a recommendation to Town Council approving the Application; and WHEREAS, on December 2, 2013 Town Council reviewed and considered the Application and in Resolution No. 30, Series of 2013 (the "Resolution") granted approval of the Application; and WHEREAS, Section 16A-5-80 of the Snowmass Village Municipal Code ("SVMC") provides an appeal process for land use applications; and WHEREAS, SCI submitted an appeal of the Resolution on December 17,2013; and WHEREAS, Town Council heard the appeal of SCI on January 21, 2014. Section One: Findings. Following careful evaluation of the written appeal submitted by SCI, other materials and testimony of SCI, SS, staff comments and recommendations, together with public comments, the Town Council finds that: 1. That there is not substantial evidence in the record to support the original decision. 2. The original decision is inconsistent with the applicable provisions of the SVMC. TC PACKET 02-18-14 80 Page 2 of 2 The Town Council hereby grants the appeal of SCI and vacates the decision contained in the Resolution per the findings of fact in Section One, Findings, and remands the application to the Planning Commission for further proceedings on the Special Review application pursuant to and re-commencing the Procedure at SVMC Section 16A -5- 230(c)(4) and specifically allowing any person, including but not limited to applicant or appellant, to submit additional testimony or evidence prior to or during any Planning Commission or Town Council meeting where the remanded Special Review is to be considered. INTRODUCED, READ, AND ADOPTED, on the motion of Town Council member and the second of Town Council member by a vote of in favor, and — opposed, on this 21't day of January, 2014. qffl• • ATTEST: Rhonda Coxon, Town Clerk M=j :1 RZ111IRM Kel � •- 1 I John C. Dresser, Jr. TC PACKET 02-18-14 81 MEMORANDUM TO: Snowmass Village Town Council FROM: Sloan Campi, Planner DATE: February 18, 2014 RE: Discussion of Removal of Chapter 10 of Comprehensive Plan ATTACHMENT(S): 1. Comprehensive Plan Review Chart for Chapter 10 from Planning Commission Review dated April 17, 2013 2. Amended 2013 State of the Comprehensive Plan Report 3. Chapter 10 of the Comprehensive Plan I. SUMMARY AND ACTIONS REQUESTED OF COUNCIL: Discuss amending the Comprehensive Plan as recommended by the Planning Commission after contemplation and amendment of the State of the Comprehensive Plan Report (Dated August 12, 2013), by first removing Chapter 10 of the Comprehensive Plan ( "Actions and Implementation "). II. SUMMARY DESCRIPTION OF PROJECT: Pursuant to Section 16A- 1 -50(c) of the LUC, Staff conducted the procedures for conducting a periodic review of the Comprehensive Plan and developed a "State of the Comprehensive Plan" Report. Amendments to the Comprehensive Plan were suggested therein. The Town Council accepted the State of the Comprehensive Plan Report after holding a public hearing on August 12, 2013. Section 16A- 1 -50(d) of the Land Use Code states that those amendments may be contemplated at additional meetings by the Planning Commission and Town Council. Per Town Council recommendation, Staff would like to discuss removal of Chapter 10, as it was considered at a joint meeting of the Planning Commission and Town Council on July 1, 2013. III. BACKGROUND: The State of the Comprehensive Plan Report was completed and submitted to the Town Council after public hearing on August 12, 2013, and that the amendments were contemplated with the assistance of various Town Departments, Staff recommends that the Planning Commission recommends the proposed amendments to the Town Council as written. According to the Land Use Code, Section 16A- 1- 50(d), the Planning Commission may submit their own comments regarding these amendments to the Town Council along with the its recommendations. Should the Planning Commission desire further review of the contemplated amendment(s), they should recommend that it be revisited at another meeting if they are unable to reach an agreement regarding the specific amendment(s) in a timely manner. At a regular meeting of the Town Council on December 2, 2013, The Council contemplated the amendments to the Comprehensive Plan comprised in the 2013 Amended State of the TC PACKET 02 -18 -14 82 Comprehensive Plan Report. After a lengthy discussion, Council felt that more discussion is warranted concerning the proposed removal of Chapter 10, "Actions and Implementation." Staff and the Planning Commission proposed the removal of Chapter 10 mostly due to outdated and superfluous policies, and, rather, use the Annual Strategic Plan to implement the policies of the Comprehensive Plan. IV. APPLICABLE REGULATIONS Sec. 16A-1-50. Comprehensive Plan. c. Periodic Review. The Planning Commission shall conduct a review of the Comprehensive Plan at such time as the Planning commission may determine, but not later than twenty-four (24) months following the most recent review. Following such review, the Planning Commission shall submit a written "State of the Comprehensive Plan report" to the Town Council including, among other things, recommendations for amendments to the Comprehensive Plan. The Planning Commission shall submit its report to the Town council at a joint meeting with the Town Council. The Town Council shall conduct a public hearing on the "State of the Comprehensive Plan" within forty - five (45) days after the Planning Commission's presentation. A notice of the public hearing shall be published in a newspaper of general circulation in the Town at least thirty (30) days prior to the hearing. Staff: The Planning Commission conducted a review of the Comprehensive Plan on April 17, 2013, and recommended amendments in their "State of the Comprehensive Plan" report. The Planning Commission then submitted their 2013 Report to the Town Council at a joint meeting of the Town Council and the Planning Commission on July 1, 2013. The Town Council then held a public hearing on the "2013 State of the Comprehensive Plan" report at a special meeting of the Town Council on August 12, 2013, within the forty -five (45) day time frame as stipulated by the Town Municipal Code. The notice of public hearing was published in the Snowmass Sun on Wednesday, July 10, 2013. d. Amendment to Comprehensive Plan. Following the periodic review, the Planning Commission and the Town Council may conduct such additional hearings and investigation as they deem appropriate and may amend the provisions of the Comprehensive Plan. An amendment of the Comprehensive Plan shall be accomplished by ordinance. The Planning Commission shall submit its comments and recommendations in writing to the Town Council prior to first reading of the ordinance. Prior to second reading and final adoption of such ordinance, the Town council shall hold a public hearing. Public notice of the hearing shall be given by publication of notice, pursuant to Section 16A- 5- 60(b), Manner and Timing of Notice. (Ord. 4 -1998 §1; Ord. 23 -1999 §1) Staff: The Town Council considered amendments to the Comprehensive Plan contemplated in the 2013 Amended State of the Comprehensive Plan Report submitted by the Planning Commission on December 2, 2013. The Town Council felt it appropriate Page 2 of 3 TC PACKET 02 -18 -14 83 to investigate removal of Chapter 10 of the Comprehensive Plan before adopting an ordinance to do so. V. STAFF RECOMMENDATIONS AND FINDINGS Staff finds that the implementation policies within Chapter 10 of the Comprehensive Plan are mostly outdated, or unable to be accomplished within time frames delineated in the Chapter. Rather, Staff finds that implementation policies would be more likely to be accomplished within the annual Strategic Planning Process. At the time of review of the Comprehensive Plan Chapter 10, Staff presented to the Planning Commission the current status and recommendations regarding the policies in Chapter 10 in chart format. According to the review chart, following review of Chapter 10 with various departments and the Planning Commission, most of the policies are recommended to be removed. Those policies that are not proposed for removal should be maintained either within their respective chapters of the Comprehensive Plan or within implementation measures outside of the Comprehensive Plan. At this time, Staff recommends that the Town Council consider discussion between Councilmembers and Staff regarding removing Chapter 10 of the Comprehensive Plan. Following those discussions, Staff recommends that the Town Council proceed with the amendment process of either Chapter 10 alone, or of Chapter 10 with all other contemplated amendments within the 2013 State of the Comprehensive Plan Report at another meeting. VI. NEXT STEPS Proceed with the amendment process of the Comprehensive Plan following the satisfaction of investigation by the Town Council regarding Chapter 10. Page 3 of 3 TC PACKET 02 -18 -14 84 TC PACKET 02 -18 -14 85 m a o L N N O. O ON U CE a O CN_ � C O N U L CD U C � C C c0 m 0 N CL a N Y N > 41 N 7 N O O � C N = 4� L1 o O C L O C N L cu L A O m +' a f0 Mu v "w E `v c c o —° 0 " m 0 E o v N L 5 3 o Ln Q Q 'i .0 p cu CU 7 U M O L v ® v = m @ O +� Q t Q L Q) `�' OU N O Q v O w 4J — Qi 4..J y 4. + c N 3 +- u U L O 0 on O Ln cu o s > LO u _ O ° '' 4 aa , v E p 2 t L . v pO n L O 7 tiA - .O ° C r C- t o a) o v 4� Y r- h0 Ln N O 0 a� s > > > p -0 CL -;7 q OL �. V .. Q OB tio b ® q 0 0 o 1 Ctxo m C Con m C a O n O' Y � 'N C V N t Q) NC C OA 4O N ++ C C m 1n ,= N N N N (0 O +` 4' U • +p+ N 7 C O N LO) O C O (C0 o co O C 41 O O N C. O ice+ Z,. 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L a) G. C a) v f0 a L O 4_ O'.. 0 O L a) a a) a>i M a t=1 N TC PACKET 02 -18 -14 88 N 'S 0 C a c a) o = N N aO Ev 0 U o c o a cn y E aci o E U _ p) U C M C Q C W d M O N n a Q .1=! p "a L- v c u0.. 41 �_" U 4� ® V1 m a U E Y > 7 O U e N U ;. O N C E (U a1 m L — 0- m v- a) C a1 m C > A m p Ll a! ++ ++ � m a a) a) 4 U =Q c ' O a)' v *' N ° _r- cca to coo ._ E .S CU O c O CL — G1 O N; 41- v ?; L M N c m H' r N N U O > of _ p n a O v ami v •., a) a in ai 3 ,(U . c x E o m c m --p > v -o -a •"C3'., v � t c .m —_ O a1 a)' (Oj .a vl L. m ; a 3, 4' m aJ 4 + c CL UU • Q a) c C L h:> O E Q f6 L Y h00 '� p E — .� 'L, Z Q U :O _= .0 Q. m; c O Ln 4a • v • .. CI M p fV La ANN U �� •. �� O tto N �c c L Q c` a • �.m t,_ > O c u m O c c E N `�. CU L> m OQ 0cC0 wwp u F± 0 (J >>.. N O v hD �- b0 '. ++ Z O m, + c G E O E= >'s L v m O E ++ S'x Ln O' N Ov , O Ln EO .v al - - C '': 4- f0 41 ++ �n U ...Q V -: 3 41 L O p c of v O � � '� N 4 a+ - m > N O E`t O'� E� "cam E �—°' • C. O m v, to -O ^ Q, ;L Y > � m m. � � a c -p; u .O .0 � � c _m ® O cv 'p m > m n N m m m-0 c cu — m O lA 'u O v� p U VI vi O ® of L — fl O fi v�^i m O b0 .O qA.. m a) • O- fl E 01 Y .c +O-+ .c_ c L t � ;m 'V)i a M _ W �! L O >' E L m m _ m — m v 3 a� it m N L L). p 3 ate-+ W U m v4� M TC PACKET 02 -18 -14 89 a3i a) C a7 .c �o t N N CL E "o 0 m c m o CL .N E ac) o E U L O1 U C a �= a m a co 0 N n n a TC PACKET 02 -18 -14 90 m m a .N C N O L N ao E U o c m o a co E O C C U = rn0 c cQ c co 0 N a a 'o >o >o ® ® E E a, m to C N in Q C 4- 7 Q O C c' a) tC a O '� E O L U E -O j , v s >, w C c E Q p rw m p U c o CL i� fro a) O a) tv O CL v uN- a) O C 0 to -O O C_ `� +, c cL0 f�C n N O O LAI � m E a > (n ; v C •1= p..a t U .v to v O u, C., a) +t, � O N N O N lM O GJ O a) tao .O' N Q Ov CL n co i a) >` Q v, L = CU CU i .E VI a) >� a) V ++ CL ++ c C 0 Lo cu V In ++ In .0 N C. (6 In U C O v H OJ ® a e � •O s •♦ r-I tko 0 L m m W V N a) hp C t a) O E E o _c 0 7 u 0 cp O a) tio co 0 U a) CL c p O w CC H -0 c �o v c v a) s 3fC N O V) O , > •> U VI 4v C can • a) C au C L m C 'n -O M C� O 7 O a) N 41 cu M U CL L 0 O — a) -0 � -a C _ a) fl. +C, .a ate+ co 3 ai >. v t V) '3 o o f N V m Y 41 0 O tin 0 > c w cCO O Q) a) O N W f ::.:•C a) :E v': m C C C C C a) +, m cu E a) () a) m v E 45 L� 3 a C L 3 0 o E E •E 'D o u U> o� ° E m a tp- a m � � TC PACKET 02 -18 -14 90 m m a .N C N O L N ao E U o c m o a co E O C C U = rn0 c cQ c co 0 N a a TC PACKET 02 -18 -14 91 a� a N C � O t N CL O E 0 U cm C m o n U) E m Uo E r O U C [O C Q C (G IL f7 O N r; Q Q O L O O O L O O 41 C C ++ C ++ C O M O O M O kn p m v ® 41 4' -Q 00 4-1 4- m C LU p > O C w O a c C w' O.> v, > -p a C O C w 0 E a E L N. m E a, N E s cu n E L a) E a t a) E L m a 1-I L a m it .m a w L a m 4d L fl 4� i O C E C C > Ln � m L ''fC s+ m O U m 2 m N Q C 'C w 'C -0 a) u 'C ® O a) ) a) ai a� v 4, c a°J, s a •L" p m. m w VI CU �L V) OL L p OL O N '.fl. 0 u. Lv, — CL Q. ai C CL C v °— L . ..i1 _. N 1- L m .� n r- N +; Q v a E M O' a) •C V, p p -0 a L- p° a) O c U v Ou m m m FL- +L a nL m m U V) V c-I (V N - L w U O C . O U O O t O : 'O O O O m O C O ua) v ) a) Q O w cr Q m * 3. o U o v— C l Ln +� o oN C E E c 0 0 0 0 aa) ;;� on CL aj °O Q. o' L C �_ c� M _� E L L U E m m o > - > p fa >Z tw v a, C a, aj U... "C '>3 - a,: CL m hD m c 4J o `.E L 'n _ C C C O Y E m, axr E C� 'c °I a o. m o m _ a) m m ,� o *� U L m M- a� L N VI Y m C H a) > L L m C y Y m N C � N' O 'aJ L a) L C c O m N w �. O CL 0 m LA p > m Q O •� } C N L vii N a) > p a) N .p m e a w w C) 0 w .E `m a v CL CL N' M L!i TC PACKET 02 -18 -14 91 a� a N C � O t N CL O E 0 U cm C m o n U) E m Uo E r O U C [O C Q C (G IL f7 O N r; Q Q TC PACKET 02 -18 -14 92 c m d c °) o '= N a) C. O E 00 O U o c m o a E aai o E UL O) U C Co C Q C m a m 0 N Q 0 0 0 c0 • =_ a c t 4+ C N m 3 g *k T 0 C � C m > 'a vii m' to 0 C j O a) O N O �' "O E E v O E C w a) 'a c O U _ E C, cu E 'v 4J O QV +t_�+o E .a) O c m m E ° (A u cr) LL Q cr N H -c y v1 N a) ® U L O E O U a O 'C C � N m -a.'. .- C +J E LA LtN m O E O 4� m m fl i � i m N t O .v O ul CL c a) w s' -c CL CL m 0 • � o a cu E L O Op i E L O GO i E i 0 GO i o v c a c o cu c aa) c c . C 'm o. a o c a al a) '3.. �. >� �° 41 C ha -a on c m c c c c- 3 0 c '>-,-a . c c aci m O m v v •E m ._ L a, �, M 41 CL w cu cu U OD ++ >. o :O a+. m > (A U m o „- > o' .L to V1 E ,m v o a 0" .E E c. c m -o O O I-r v • C Q E O 4.1 L Q O Ln E O Ln 4+ a1 U f] L • N O .L 'H C m E L "E u m L a) E . y > .0 C _ -o ° m a� C �' ° .a C C. 3 E C v C o _m C c C m a) C C a7 ,o m L E CL w m O m E "m f0 > a, L o y 3 0 m o 'L° v a, 'U v a� .L v —° a) m > 41 Q) L O u O m w O L O O C= m L O W O C m C o. V 'm C. C "a V d V L Q) 4� U o- °- V 'a tC = ',C m TC PACKET 02 -18 -14 92 c m d c °) o '= N a) C. O E 00 O U o c m o a E aai o E UL O) U C Co C Q C m a m 0 N Q Ln ao -tr -O u a- CU L E O U .Q a) O �n m-j T a) a) Ln U a) ° O `~ O U c CL 0 (n "C a) a) O. 4- o w L v Ln ao -tr -O u a- Ln -a '" U .Q a) E L O �n m-j c M M L O +, O 4- --o M O O m c CL 0 (n "C L O a) O. 4- bD >, Ln T w 0) Q O tw U Q v E u �° �c O Q E O *' c m E a) Q) O aci ar � OCL -� L m ,� m- M 4O c U C > N .c V1 c v E= c' -0 3 Y j 4- 3 i c 3 Q v m v tip Q ,- a a) L° s L m - M =- .c a) T c a a ,n 3 a) a! Y L a) L o v L O N— E �n U c E 4- Q° o v c O M OD — ++ L c -a O L— m m w a m ,h c Q ' a) E UD vOi v �O ,n 3 ° c c > a) E E ° u -0 a) 'E ami ,: 3 O v ~ v ° a) 4! co Ot•� c° `H v a) Y L° v c E 3 O a) a) U -o 4J c° > v v to U t c W O 4� 0 a a°ov u c .E an m O> O> O a) E +, c L c c a) 5 L L S O m O 7 .M t L C X m U TC PACKET 02 -18 -14 93 a) Of c ca d c a) c t � a c Ea o a U c c a o C N TFt E c o E U •c 0) U c_ m c Q c CO d co 0 N .0 Q u LM E L O c w E U O C L O= cam') O C m o 7 t m c O a) Oa - a •m.. c O a1 c � >, Ln T w 0) Q O tw U Q v E m tin +- 7 c of w CL TC PACKET 02 -18 -14 93 a) Of c ca d c a) c t � a c Ea o a U c c a o C N TFt E c o E U •c 0) U c_ m c Q c CO d co 0 N .0 Q `L° a) 3 m m aUi m cr O Ln a u E Ln _ a) � ai CL tw L L v E m tin +- 7 c of -a c v o M O m aEi o .c O p v c E= Q° m C m;. ° U U C a) Q _.. c ° m m E ° 4 ++ U c c 3 Q° o o a�i aUi a y p E Lo a LM c w m u a z' � 3 o > .c bn 7 "a E E L ,L O.. y O v ~ 0 o bD to m c\ t c, L m O Y L° = E 3 O a) a) U -o 4J c° > v v to U t c W O 4� 0 a 4, u c .E an m aL+ H aJ m rn TC PACKET 02 -18 -14 93 a) Of c ca d c a) c t � a c Ea o a U c c a o C N TFt E c o E U •c 0) U c_ m c Q c CO d co 0 N .0 Q s ° O O s -c c t ca to p 0 c. -a c a ._ on 1 V @ 'a =-a, >. —,U c0, E E' c �, 0 o -a u o . � 4- u '� aco:` °5. a -ra cu co H �."t 0 0. 41 C N u 0 -7, c aL 0- m �iri.a o ° a c" m .tt�i. 0 ' Y Q c m v a �, .a .O . O .ta v m N m F-O c tw t W ,a o • Ln �°' c 3 0 ." a, m U1 VI N CU '> U (Lt7 I— 3 t F-i 0 F-_'tw V) ID m (D U ,to h` o �L, m ` (� Ln N • .� ;(v U i. O tw tw :C C b 0 7 'c • o C 'A N C to 0 L �!` w w 0 a' = ai -0 on O V) •_ C. C C � '� L m �, m i `1 - L ® 3. 4Z M N ;vn, Q (n Y O 3 3 w o �.. 'o c -c Oo f0 N4- — O p ra in '. C lT 41 0 .0 C 4m' CL 41 N o 0 c 3 > o. Q- L F- ,o U C YO to 0 4+ m .to 0 .E c= N TC PACKET 02 -18 -14 94 C f0 FL cu C t N N a° 0 0 U ° o `° .y a N � EtC () O E C U t6 ca f0 a CO O N ri CL TC PACKET 02 -18 -14 95 N o: cu d N C L N (U O a_ 0 m o `O N CL E� E m O E UL mm cQ m d m O N n N `- 4- t c M, O c *' m N 7 m cu "C .0 _ o y r- c o a v v c a) E a Cj a) 'O i o m M i� Ln N U N f0 c:. O C o Q m i p' N •.�� 4�' m N m .� m =' E �-+ a *' c w o. y. -0 v= m y 2 m E a o `L° v m n U @ L N v m d U m 000 p v E _ -6 Q U 0 Q ff E N E E m e a m N N U L m L 6 p .- 41, m —, i.. L a) O= O C O a) Q N f0° tW' 6 m N N N c_ N a c N Z -3 c i a U o f s o o' � rn m m 0 :Q . a CL m .a r-i Ln C L C L 00 i ° m m i �` m •C�` C m •C a1 M m C a a m a O 4' -p no O m -C 0) p O O t a)..0 p 40 a t �' u Ln m O Q 0 C 0 fl 0 m E'. � t�9 3— at M L a) Q] > C 0 „p 4 GA 0 4+ O 2N L .0 N N C Ln 0 M m e 'N Q Q 'D O r' a) , ,C V U N 0 U N ® m E o 1 00 a) N C> 3 L C a) 'vi L m a) U 41 ° O c m� L 0 m 0 U m m "O C a) O C "6 .L 4� O U E a) O cn o O. > N M � TC PACKET 02 -18 -14 95 N o: cu d N C L N (U O a_ 0 m o `O N CL E� E m O E UL mm cQ m d m O N n TC PACKET 02 -18 -14 96 N cu C CL W a� L N CL O E 0 U o 0 0 0 N E c a� o E U L L) C Q N IL co O N n Q 4• a 'a to c c D. oD c c o c a �' m f° =o a a 41 v 41 a a , +J c c E c tv O a ON N +, `° _ N M c = ® M' -p c ?� N v *a' 'a > VI - LM v v �' '� tU 'a a, ° •� c v t to m o 0 0 L E O O C O E 'La aci v E 'a ++ a) a 4.j U L 4- O � v O +�+ L GJ O O E i 4— N C O. O t tp - a••+ N CL v. v '4-; +j ; V). 4, +, In +� V) (U m � +r a 3 caj o • .0 M 3 = C GJ O •C T ++ p m O v C (n m CL > +� E v c a a:,' o w CL .1a m O C L 4+ L .0 �f .Q. E • 0 v O L L a) O cu _ C .t3 V 'W -a .a . �n -a -a to } VI. tLO, 0) a, Q L> ,C L O1 X- a 0 m f- m f- a ca xk t- H 3 V). 'a o N r•i �•-I R3 C fl7 tB fC I +fU a a c ° °c° o Ln o a °J v E> E a :a. �. E o' v 4' o. • : ai of L O N •O u v _ C C R Lu L > a' f0 ,� L 'L C O > -a h O 41 tt7 (O a •'a +, O O C r 41 m (D .3 CL " 4-1 c � v co ° s 41 E 4° m cu c p F— C o _O v N E N An, S %C O N C L e u 4J 4-1 U t10 _ ,� o m a 2 4, 4� O 4J VI i O +_ DD . W iJ !6 fC : o L U C a s co u a U •C L ai •-. in. a a>i _ o a a c v i > c-0 a w Q: v O 415 ar .O a. c G Lfi n TC PACKET 02 -18 -14 96 N cu C CL W a� L N CL O E 0 U o 0 0 0 N E c a� o E U L L) C Q N IL co O N n Q 0 o °O Q C c° E E a) al w L�l O Q. c .. _ � t tw a) aJ •L (� E �3 ON cu : Q > •� > cu a ±' O s 4, 2 m m c a' m O O 'n m a-. 4� m s w O Q a c m c c CL sue. °� m Q Q , c �-a�� p s +� O ° ® C-0 NO w U �' ° O E d E `- c�0 acJ 0 X L E a v1 O •- to O aA O mo O CL m ® CL s c L m m C -a N p �- •° m � '-Q ti a ?� °' Q) .L L U O L s a) E m c CL Cn y s c ar m L vI m t--I m vl a s m a) m C an In U L w a) to m O O .N U >O to L a) .O "p 'O E O C a) a)' .: > Ql a) L > c Q. a -I- :E a) L a) -p O !- � m -t a) a1 x a ' F- Q. a s m U m a I-; C7 -a -a .o (1) m y 'O a1 ` o o m m = ,fin ,co m.- . o • -0 ' � • H a) O a) a1 40 U • y m c +-1 y m c: • m 'yam m L CL p_ CL c a .. CL Q o a Q o a • • hn In t10 t]D c L :C. �: O m • • = v c >, c a c ">c C ai c >, m m m a a a v c Q m c Q c N� V) fl E U N m m E.� +� U a, a o v a a c s o +: a a o,'c. Ln v c c cu • N> Q o c o..., E on ° s° E �t m o o c 3 > m a O o c U s m �, ° > O s v a' o o ° o O > bo (u E v • ° cu m L Q y m V -p hn. a) bn v a > ® 3 0 a� L m a�, c E o ° a' c ra Q m a t '_ o ;� a Q Q CU a w U i -a aj L° U O > '= -o E a 41 O s am+ . a) w p �p O O U m a. w- v� + a Q. 0 00 TC PACKET 02 -18 -14 97 lC IL N C C N 2- a O E 0 U o a C) m N E c N O E UL IL co O N a Q .N (D CD L N a) O d O `- U a) 0 o Q in y r 0 c U1 C N C Q (O d cry O N r .0 CL Q TC PACKET 02 -18 -14 98 m c Qj > M ,, E E cu Z z N J N U a O Q ++ C .0 t R v tw f6 U C U y f0 (p O a v}i c 41 X O ±' 4M m CL ai 4. 0. cn `� (0 M O 4- O • Q N ,0 O G N Y v C Q N c > ai o v1 = n 4- 4- G O. C . O F— O G 4+ Q O N as -+L+ L T O •� , O Q +' f6 ."'� �M +' y N M w Q ? in t 4+ O M L Q U m L N .c M L c-4 'c i O 4- m s m u 3 4b 0 o m tn O L O L • f6 co M M c O > O cu CL CL m (6 C N c N CL M c m O w� N O G 130 GO 0_ m ,O Y c N N L c > O E 44 ++ r ++ m p y C O y � .c O 4, �� M c N.. C 1 L i v c c� S a� v 3 G) ' O v am' - G Q) GJ GJ E o� a, m c w U. �° tin b a v m v CL o v�oc 2: u a3i c v Y of :? O V) N N N y c U c i N G1 4- Ln O E C +, V CL t _ G.0 of ® = O m L �� v ++ m N O V) O O N N v U N 4+ (0 vC G1 w L H v .� v > N .O w L U t 2 C •l/1 Q1 0 N 0 to .G 0 O > Q W O O C C y O Q O —_ 0. m m W C.1...> L U'.. U M M N m i d• TC PACKET 02 -18 -14 99 C d c L N a O O U Q 0 0 N ti E o m c E ci c � cQ _m Q. co 0 N .O CL TC PACKET 02 -18 -14 100 a) a� c �o FL N O L N Q d E CR U m 0 0 c N E � E o a) rnt c m c Q m IL M O N n .1 CL Q 0 v LO 0 a) a -0 v Y m 0 a+ L OU o � c O E N 00 E X E to E O 0,� N _ p p 4" X .- O.'� vi N Q i .T f0 I C E- r ._C. L1 S O i Q 'O !— L- co O > N .p o to M L O Q i 4- Q O i 'P . }J, 4- 'i10 L o N o v c _ .. 41. LU hA 4- -�. O 'C i v p .N L: 0-1 C .4 . o: c 0 3'.'�. ' 'O `E o ., . > v a �..� a,.. ° 0 s � as ; f0 y 4- H L v. O O- .}d ,M f6 1_ 4M . . L O.' >' O A 0 '> r-1 C C C. C fL6 f�6 :(OD . F- 4— C. N �' . ' ^. N +' 'p M =,-o OD C N �G c Y GO O V Od' .tpi p N O' .cOU' J ° V) , C) r a a �. O CO rlj N 0 v v C a) 41 M pp C O. s ) a>i tAin M (/) " 3 � . ++ +J 4°- W Ln 1 C C.' O c° m bn W v °O o M 4° 4 G �- �' E � 'OC 41 cu i TC PACKET 02 -18 -14 101 ? a7 CL aci o ac a. o E `- U a� c °' 0 0, E CU U E m c Q m a M O N r .0 C. Q t o ° > c � -d v m wo.� O m 4, -a Q ® L d. >. O m N ® v o > a y o a c 3 y c a, > m 41 N m Y E O 4- f� U O U `~ C Q W v L Q W 4O Q 4-1 "_a G 'a c 0 N vJ 73 o c 41 m Q N O t C 4- m" (v c N 4, c E 00 'm �° .E y *k s 4- 4� ;; 3 o° o c CL 41 v_ a. m c _m m E c L Q Q Q 3 '•� LU .O .. > �: N, m -: > L C V1 :c. C' p F- O J L L N p m t' ._L 4- '.� o •P O _ O- O L 41 L • ♦ 411 '.VI 4 41 L� v L m y L Q% L GJ • . Q � � a N O.N L c M m 'c C Ln N - 41, L t. - U OD : C E E fl L. N .. 'N -a �c c m Y N m Q> .0 fa N O) W, CU O N C Uf in .O ++ ;D: 4-; .C: M c E O 7 ++ —_ OD u m. O -m 4m' OJ to mti Q 4- w 4 N o o. g p o 0 v (U u c + E L% L CL ` E {' o v -E � m `L° H a m v L Q) 41 L ' ° c • p u CL u° o o ++ o L 40 N C t y O =- Q V c 7 O ® i E O U 00 - L O +' C 4+ 0) vi U C °-' CL O A GOi G7 m tin > o v -o - > 3 L aj atlAO ' v w: m E Q' v E w ,° S L �' aEi m, QQ �+ 0 4O S Q. N .a LU N 'a 4+1 .0 O r4 00 TC PACKET 02 -18 -14 101 ? a7 CL aci o ac a. o E `- U a� c °' 0 0, E CU U E m c Q m a M O N r .0 C. Q ® 'O O ' O O E M a) a� i� O ++ 4+ L ti0A C _ rn C , of , d 4- *k ° � o (U 0 E "y O C m v 4. c 4 ; -0 aJ c M 0 m c; 4- co O. O - n • f6 N - .a) 00 M to +�+ �• .vf C'> C TS, a) C a a) "a O O._ O O O -a .O o a) m - M C" Q - 1D- ' rD.0_ a) L -a' = N -0 M N N. 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Q o F- .n +r � o m .e � N N fry .. i-1 r�•i N: � v� tw C. �.- i C C m m 3 .m :3 > y O O E O O O S S 2 L I -o O to, Vi ' cu � N C O< O c, . p . .— ' O E O .41 m ,a1 C c , 0 - C ) w ++ � 1 p GO ' P 0 m U C p '� � m O O OD � m m E cu pi D Ll M C E o O L 7 y U !6 ,0, C .Q i v .. ate' C O> • 3f6 (U v Q- o Q `� E o._ `° m m v a, a' ca �: ra Ln _ c o v. 41 0 O Y .3 , o aU' ate' c y ? o c °c +>-, C O o OU 'C �n 7 o > U m w m' c `A 0 O.- n : X `°o C a� L. 3- O ti•- :a) "D > _; �' o m D U of L s 'x W m ++. a O U O " M Ct Ul: l6 TC PACKET 02 -18 -14 103 c f0 d 0) L N � O d E m 0 U a of° n N _ E c m U E c � c Q io CL o'> O N r .c n Q TC PACKET 02 -18 -14 104 N C N O L N n O EN U o c m 0 0 N cn� E E c o m U L c cm c Q m R" . n Q MEMORANDUM AMENDED STATE OF THE COMPREHENSIVE PLAN TO: Town Council FROM: Planning Commission Sloan Campi, Planner DATE: December 2, 2013 SUBJECT: Amended State of the Comprehensive Plan Report ATTACHMENTS: 2010 Town of Snowmass Village Comprehensive Plan (By Reference) Section 16A- 1 -50(c) of LUC requires review of the Town Comprehensive Plan every 24 months. The Town Comprehensive Plan was adopted in 2010. Community Development Staff has conducted preliminary reviews of applicable Plan chapters with affected departments and lower board support staffs to seek background /supporting information, current status of implementation, proposed updates of existing policies, and possible new policies. This information has been presented to the Planning Commission and recommendations were made on May 30, 2013 in order to develop this "State of the Comprehensive Plan" report as required by the LUC. The Planning Commission presented the Draft State of the Comprehensive Plan Report to the Town Council in a joint meeting on July 1, 2013. Per the Land Use Code Section 16A- 1- 50(c), this public hearing is taking place forty -five (45) days after the Planning Commission's presentation, on the "State of the Comprehensive Plan." Contemplated updates to the Comprehensive Plan from the Planning Commission and Town Council are outlined herein. B. GENERAL UPDATES TO THE COMPREHENSIVE PLAN AND RELATED IDEAS • Consider changing Land Use Code to only require review every 3 years rather than every 2 years. • Create a non - hierarchical numbering system for Comprehensive Plan policies rather than only bullet points. • Place appendices at the end of each corresponding chapter rather than all at the end of the Comprehensive Plan C. SPECIFIC UPDATES TO THE COMPREHENSIVE PLAN • No changes. Page 1 of 10 TC PACKET 02 -18 -14 105 Modify Goal 3 to: 'Investigate and improve the effectiveness Goal 3 Original Language: of the Town's economic engine to capture a greater share of Capture a greater share ofguest and guest and resident expenditures." I resident expenditures. Background: J Though Staff had originally proposed no changes for this chapter, the Planning Commission felt that the goal was too simplistic in the way that it was worded. The Planning Commission suggested that efforts be expanded when examining the vitality of the Town's economic engine, and thus broaden the scope of economic income within in the Town. ® Consider modifying the aspiration statement to say "...a leading multi- season, family- oriented, inclusive mountain resort community and township... " rather than "...the leading multi - season, family- oriented, inclusive mountain resort community..." Background: There was much of discussion regarding the aspiration statement during the Planning Commission meeting that examined this chapter. Changing the word "the" to the word "a" would broaden Snowmass Village's identity as a town with more to offer to guests and residents than only a resort. The tone of the word "a" would reduce constraints in planning and ideas for Snowmass Village. However, the Planning Commission did not make a definitive decision on whether to change the statement or leave as is. TC PACKET 02 -18 -14 106 Aspiration Statement: "We aspire to be the leading multiseason, family- oriented inclusive mountain resort community. We will do this by creating marketing, and delivering distinctive choices for fun, excitement, challenge, learning, and togetherness. All this is done amidst our unique, natural splendor... as part of a memorable Aspen /Snowmass experience. Further, we wish to be seen by others as welcoming, dynamic, convenient, and successful. We will always be responsible stewards of our environment, economy, and society. When successful, Snowmass Village will have achieved the quality of life and economic vitality that will assure our future as a sustainable resort community." Page 2 of 10 CHAPTER 3 - COMMUIVITYARTS ® Change the title for Chapter 3 to "Community Culture and � Current Chapter 3 Title: Arts." Community Arts Background: Staff and the Planning Commission felt that adding the word "culture" to the title of this chapter was appropriate to broaden the scope of aesthetic and entertainment activities that could be made available to residents and visitors in Snowmass. ® Modify the wording of Policy 5 to "Encourage each development to include appropriate cultural elements[ ...]support these elements." Background: Along a similar line of thinking with the change to the chapter title, the Planning Commission felt that modifying the wording of policy 5 would provide a more proactive approach to encourage more cultural Policy 5 Original Language: Examine each development proposal for inclusion of proposed cultural elements during development review of all new projects, and propose commitments to support these elements, elements in the Town and thus creating more definition for the identity of Snowmass. Modify Policy 2 to insert: "Promote balance and influence the diversification of commercial offerings (types of retail and non - retail as well as price points) to reach a broader segment of visitors and residents." Background: Staff had originally pointed out that Policy 2 was difficult to implement in the Town, given the overall geography and demography of Snowmass Village. The Planning Commission thought that modifying this policy would again broaden the scope of the economic targets for the Comprehensive Plan and thus remedy some of the difficulty in implementation. Add a bullet to Policy 5: "Explore the potential benefits of establishing venues for the performing arts and flexible event space." Background: Staff had previously mentioned the idea of exploring the development of a more permanent entertainment venue for the Town. Staff proposed adding the new bullet in Policy 5, which the Planning Commission agreed upon during the meeting. TC PACKET 02 -18 -14 107 Policy 2 Original Language: Promote and influence diversification of commercial offerings (types of retail as well as price points) to reach a broader segment of visitors. Policy 5 Original Language: Preserve and increase facilities, businesses, employee housing, amenities, and events in the commercial nodes that will attract and retain guests and give everyone more reasons to stay in Snowmass Village. Ensure vitality by: ® Requiring employee housing • Concentrating high - occupancy lodging ® Enhancing employment opportunities for local employees. Page 3 of 10 Consider inserting text on combined conference facilities and a performing arts center on page 14. Background: Following the discussion of performing arts and /or entertainment venues, Staff and the Planning Commission felt it important to consider adding a paragraph or text to specify to some degree the addition of a permanent entertainment venue. g ® Modify Policy 10 to: "Serious consideration should be given to Policy 10 Original Language: supporting expanded conference facilities and services, whether Support expanded conference facilities public or private. Publicly -owned conference facilities and and services. supporting facilities should be strongly encouraged" Background: Staff and the Planning Commission felt strongly that there should be a publically owned and operated conference facility in town. Update statistics in the plan such as Table 1 and clean up Table 1. Background: The references and statistics in this portion of the Comprehensive Plan are out of date and need to be updated. ® Add the word "broadband" to Policy S. Background: Staff and the Planning Commission agreed that the Policy 5 Original Language. advancement of technology should be included in Policy Provide incentives for providing 5. g communitywide cellular coverage, wireless service, or other technologies. Add a new policy: Promote the safety and enjoyment of L community resources for people on foot or bicycles, including pedestrians in developed areas (such as street crossings) and within trail identification, delineation, and connections. Background: The current trails system should be updated and that stronger efforts should be taken to improve the overall walkability and bikeability of Snowmass Village, and specifically pedestrian crossing at Brush Creek Road. • Add a new policy: Continue efforts to complete the Entryway Plan Phases 3 and 4. Background: The Entryway Plan was halted after Phase 2 was completed due to economic reasons and should be revisited to complete it. Page 4 of 10 TC PACKET 02 -18 -14 108 ® Add a new policy: Expand efforts to improve stormwater management plans and infrastructure. Background: The Environmental Advisory Board (EAB) sought this as well as Community Development Staff. ® Add a new policy as Policy 1: "Reduce carbon emissions by 20% by 2020 from the baseline year of 2009, to support a vision of net zero carbon emissions." Background: The EAB has informed Staff that proposed actions regarding carbon emissions are detailed in the Council's Draft 2013 strategic plan under goal 4.C. The EAB currently has prioritized its primary goals, and has led Council actions regarding carbon emissions. This recommendation reflects the Council's Draft 2013 Strategic Plan. ® Modify original Policy 2 to: "As the Town approaches I Policy 2 Original Language: N buildout, encourage redevelopment and remaining Employ smart-growth strategies and development to be planned and executed to conserve land use policies that limit energy and resources." development to the minimum amount 1 Background: deemed necessary for the community Energy conservation building codes are being to achieve economic sustainability. updated regularly and the town does not have a J- formal approach to this. Council recently endorsed efforts to adopt the International Energy Conservation Code (IEEC) and portions of the International Green Construction Code (IGCC). Building staff is currently reviewing and assessing this. ® Remove original Policy 4. Background: Policy 4 was originally written to ensure good water quality, however it was very broadly written. The EAB expressed interest in improving stormwater quality, similar to another new policy proposed to be added by the Planning Commission under Chapter 5 (Community Services, Facilities, and Amenities). Policy 4 Original Language: Promote community stewardship for the Town's natural resources and for those of the Brush Creek, Snowmass Creek, and Owl Creek valleys by supporting land use policies and regulatory processes that acknowledge an understanding of our environmental carrying capacity. Add the "2009 Snowmass Carbon Report" and the "2009 Snowmass Sustainability Strategy" to the documents listed in Policy 10. Background: The list is missing these 2 key documents, which were completed in 2009. Page 5 of 10 TC PACKET 02 -18 -14 109 ® Rewrite Policy 16 as: "Limit new development or redevelopment to that which Snowmass Water and Sanitation District is able to supply and treat water sufficiently in terms of quantity, dependability, and quality. Present estimates are adequate to approximately 6200 EQRs." Background: Policy 16 Original Language: Prohibit any new development that is determined to cause an exceedence of the Snowmass Water and Sanitation District's stated maximum treatment capacity (currently defined as 6,200 EQRs). The way that the policy is currently written is % unclear and wordy. The Planning Commission felt that this policy could be rewritten to be clearer and not so strictly prohibitive for new development, but rather encourage responsible development in terms of water usage. ® Modify Policy 9 to insert the word "synergistic" after "clearly defined" to stress need to make nodes work together. Background: The Planning Commission would like to stress that a stronger effort be undertaken to define connections between the community nodes (Snowmass Center, Base Village, and Snowmass Mall) of the town core and the vitality of these nodes. Policy 9 Original Language: Create a compact, clearly defined and well- connected Town Core with services and housing in proximity to each other. Density and growth should be concentrated in the Town Core area and land uses should support a place where visitors and locals can interact. ® Modify Policy 13 to add "such as arts entertainment venues" after "...more amenities..." Background: Staff would like to stress the option for a variety of Policy 13 Original Language: entertainment amenities to be available within the i Town, and would like to take advantage of the Encourage more amenities that artistic culture within the Town as a unique enhance business, minimize vehicle opportunity for Town Definition and Identity. Also, trips, and generate local sales tax Pp h' tY• modifying this policy makes the Comprehensive Plan revenues. more consistent with other changes. Page 6 of 10 TC PACKET 02 -18 -14 110 s ® In Policy 3, amend the last sentence of the last bullet Policy 3 (last bullet) Original Language: to state: "Monitor usage and capacity to ensure that ® Non -auto travel modes (for the carrying capacity of the transportation system is example: walking and buses): not exceeded except on the 10 busiest days of the peak I Monitor usage and capacity to season." ensure that capacity is not to exceed Background: g more than that of the 10 busiest Policy 3 contains performance standards are part days of the season. of the Town's identified carrying capacity. Annual traffic volume counts are completed by the Town. The last sentence in the last bullet point is unclear and appears to be mistakenly presented. The town's Transportation Director has weighed in on the intent of this wording and has presented the amendment noted. ® Rewrite the second -to -last sentence in Policy 5 to state: "Parking may be provided offsite with the proven ability to move people from the parking lots to the Town Core and base of the ski area, via capital and operational contributions." Background: This Policy is rather specific for the purposes of the Comprehensive Plan and currently some options to the Town's provided parking may be precluded due to this specificity. ® In Policy 5 again, rewrite last sentence to state: "Additional parking may be allowed in the Two Creeks Lot, the Rodeo Lot, or other Town - approved location if parking offsets traffic volume on Brush Creek Road in the core of the community." TC PACKET 02 -18 -14 111 Policy 5 Original Language: Address future parking needs primarily through off -site parking and programs, limiting the amount of new on -site parking provided in Town. Require development to provided adequate parking per the Land Use Code but a Town - approved location so that it does not cause a net increase of vehicles on the critical sections of Brush Creek Road during peak hours. Parking may be built offsite with proven ability to move people from the parking lots to the Town Core and base of the ski area. Additional parking may be allowed in the Two Creeks Lot, the rodeo Lot, or other Town - approved location if parking offsets traffic volume on Brush Creek Road. Page 7 of 10 In Policy 6, rewrite 2nd sentence to say in two sentences: "Make space available at the Two Creeks Lot and the Rodeo Lot for day -skier parking. On peak volume days limit 200 spaces in the Base Village parking structure of the 1,375 spaces in the Town Core to day - skier parking." Background: Staff, the Planning Commission, and the Transportation Department would like to provide options for mitigating heavy traffic volume due to parking availability, especially during peak weeks. • In Policy 8, add this sentence to the end to help prioritize: 'Attempt, initially, to focus on the western reach of West Owl Creek and Brush Creek Road west of Woodbridge Bridge." Background: Progress with implementing Policy 8 has been slow for many reasons. • Rewrite Policy 9 to add the 'connection' desire at the end as follows: "Work with RFTA, Aspen Ski Company, and other transportation stakeholders to provide an integrated premium mass - transit system for the Roaring Fork Valley to best connect Snowmass Village to the Valley." Background: Policy 6 Original Language: Maintain a maximum of 1,375 spaces for public parking in the Town Core (1,000 in the numbered lots and 375 in Base Village). Mali space available at the Two Creeks Lot and Rodeo Lotfor day -skier parking and Iimit201 of the 1,375 spaces in the Town Core to day - skier parking. Continue to ensure that the objective eof achievei9ng 85 percent utilization of day parking through pricing (Ordinance 9, Series of 1994) remains in balance with this Plan's goal to control traffic volumes within the community. Policy 8 Original Language: Develop a fully integrated Comm uter- orientei trail, bike, and pedestrian system foryear- round use that connects to regional trail systems and transit stops. r Policy 9 Original Language: Work with RFTA, Aspen Skiing Company, and other transportation stakeholders to provide an integrated premium mass-transit system for the Roaring Fork Valley. This policy could be perceived as inconsequential, and adding some specificity to it will reinforce its intent. • Rewrite Policy 11 to insert the parenthetical language as follows: "Develop seamless transportation links (e.g., bridges, people movers, bike lanes, gondolas, and dedicated walkways) between Base Village, Snowmass Center, and West Village so guests and workers will be able to travel back and forth without cars. Ensure that the capacity and speed will meet expectations." � Policy 11 Original Language: Develop seamless transportation links between Base Village, Snowmass Center, and West Village so guests and workers will be 1, able to travel back and forth without cars. Ensure that capacity and speed will meet expectations. The word "seamless" is difficult to define, potentially leading to a lack of clarity with this effort. Page 8 of 10 TC PACKET 02 -18 -14 112 ® Split Policy #1 into two sub - heading policies 1a and 1b and rewrite as follows: "As its primary housing goal, provide housing for 70 percent of full -time, year - round employees, however. ra Full -time employees represent 60 percent of total employees. Recent studies of historical patterns (RRCAssociates, 2008; Pathways, 2003) indicate that 50 percent of our current full -time employees live in the Village and an additional 10 percent wish to do so under reasonable requirements. This suggests a total apparent demand of 60 percent. For mitigation purposes, based upon employee generation rates in the Municipal Code, an additional 10 percent is included in the mitigation ratio (beyond the 50 percent noted above) in response to forecasted changes in the future environment. These changes foresee affordability challenges of down - valley alternatives, increased cost and inconvenience of commuting, retired employee residency, and a reduced contribution of Town free- market Policy 1 Original Language: As its primary housing goal, provide housing for 70 percent of full -time, year -round employees (60 percent of total employees). Recent studies of historical patterns (RRC Associates, 2008, Pathways, 2003) indicate that 50 percent of our current full -time employees live in the Village and an additional 10 percent wish to do so under reasonable requirements. This suggests a total apparent demand of 60 percent. Full - time employees represent 60 percent of total employees. And additional 10 percent is included in the mitigation ratio in response to forecasted changes in the future environment. These changes fore see reduced affordability of down - valley alternatives, increased cost and convenience i of commuting, retired employee residency and a reduced contribution of Town free- employee housing. marKeL empooyee nousmg. Background: This policy was written prior to changes in the housing mitigation requirements adopted in 2011. Council adopted a developer required mitigation rate of 60% in 2011. Changes to the regional free market housing market suggest the change to the fifth sentence. Switch Policy 2 with Policy 3, since it relates to Policy 1 above, and rewrite for consistency with new Code standard to state: `Require private developers to provide housing for 60 percent of total employees generated by a development. Mitigation housing should first be provided for full -time employees generated by a new development and then, at the discretion of the Town, for seasonal employees." Background: This policy was also written prior to changes in the housing mitigation requirements adopted in 2011. Council adopted a developer- required mitigation rate of 60% in 2011. Page 9 of 10 TC PACKET 02 -18 -14 113 Rewrite Policy 8 as follows: "Review and assess housing needs for both full -time and seasonal employees every three to fouryears to ensure that housing supply is meeting demand primarilX for full -time, year -round employees and secondarilvforseasonal employees." Background: This is done regularly; the last assessment was �r IN Policy 8 Original Language: Review and assess housing needs for both full -time and seasonal employees every three to fouryears to ensure that housing supply is meeting demand for full -time, year -round employees. completed in May 2013. Staff would like to stress that full -time, year round employees are well within the supply of housing, prior to ensuring that seasonal employees are within the supply of housing. ® Remove Policy 9 as it is out of date. Background: The housing mitigation rate was established through code amendments in 2011, and priorities for tenure are in place, rendering this policy somewhat superfluous. ® Renumber Policies as needed as a result of these updates. Policy 9 Original Language: Award higher priority in the tenure - based housing lottery process and consider increased housing mitigations requirements of developers in order to accommodate housing needs of regional employees of districts and /or entities that provide services to the Snowmass Village community. Aj' l / I Staff and the Planning Commission recommend complete removal of Chapter 10. Background: Staff reviewed Chapter 10, and determined that this chapter of the Comprehensive Plan was largely superfluous, significantly out of date, or unsupported by information in the Comprehensive Plan Chapter 10 contains implementation measures with time frames for completion, however, fails to reference many of the other policies throughout each chapter of the Comprehensive Plan. Furthermore, the Town Council uses an Annual Strategic Plan Report to implement ideas and policies found in the Comprehensive Plan. 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C M v r -0 0 C O 0 E w p > O c A v E y ¢ O a E .n m ° G N N O N o E v ov '^ = v c m o ro ao v v -a N R o �_ v D � V N M N c m c N N U 3 0 O ) 4 u 4 . z \} ) _ !: \\E0 { y: \ \ ( - - 22\ }� _ \ \ \ \ \ \ } \ \ \ ® /\ ® \� ,e =, E§ EsE§ EE 2a/ - /j) | 6u 6232 3»2)- 63 g@ 6/7 a / \ a \ w ® } _ ) } } - / \ - ® \ 0 \ \ E ) / _ - u ; 2 CL ! \ ) _ } 0 \ l \ 0 OD al ƒ CL ( k o \ E / \ \ \ - r E \ / ) ) u \ / \ \ \ \ \ \\ / � \ 2 0\ \ 41 \0 'D /\ \ } - : z a » ® j e § _ » u / } ± } ƒ 3 \ / TC PACKET 02 -]8 -]4 118 7 f [ \ [ \ / ( \ \ e � � u 4 . z \} » \\ _ !: \\E0 { y: \ \ ( - - 22\ }� _ \ §\ - (/ \{ \)\ ® /\ ® \� ,e =, E§ EsE§ EE 2a/ - /j) 63;� 6u 6232 3»2)- 63 g@ 6/7 TC PACKET 02 -]8 -]4 118 7 f [ \ [ \ / ( \ \ e � � ) \ \ \ TC PACKET 02 —]8 —]4 119 2114, \ ,4� C* ) \ \ \ \ CLO / / / ƒ / ) / j) f })\ \\ \\� \§ \\ \\� ( \ \\\ }\ //\ 3[ fe] /\ 6#§\ 6k7</ 6/ƒ () \( //2 2 ° � ° a) - o \ 0 \ E \ \ / o & 2 / \ 3 / / o ) \ \ \ TC PACKET 02 —]8 —]4 119 2114, \ ,4� C* ) \ \ \ \ CLO / / / ƒ / ) / f ( o \o \ o & 2 / \ ( / / o ) E \ o ) o \ \ \ \ \ \ } i j § _ § \ { 3: / } 8 \ \ \ \ \ \ \ \ \ \ / / m o a a - } - § @ ; ) k \ \ j 2 \// k o / } 3: e \ \ \\ \ x \ \ \ \ Qo S ; / _ \ / \ o — ) 2 2 § \ / / [ \ ( / ( a MEMORANDUM TO: Snowmass Village Town Council FROM: Jim Wahlstrom Senior Planner, Community Development Department DATE: February 18, 2014 meeting . -III SUMMARY - PURPOSE / ACTION: a. Summary. The applicant is seeking acceptance of a Major PUD Amendment Preliminary Plan to allow the following changes on Lot 2 in Base Village: a) the addition of 102 hotel rooms and a reduction of 39 condominium units to 18 in Building 5; b) the re- programming of commercial / ski service spaces in Buildings 4AB and 5; c) the relocation of the mountain club approved in Building 8 to Building 5; and d) the removal of Buildings 9AB and 9C to redesign area for an outdoor events plaza. b. Purpose / Action. Staff requests that the public hearing for this item be continued to March 3, 2014. Planning Commission is undergoing continued review of the application at this time and is nearing completion of the core issue topics and a draft resolution regarding the proposal soon. Staff understood that a concurrent Planning Commission and Town Council review of the application was not desired as a whole. Planning Commission has been meeting on a weekly basis since January 15, 2014 in efforts to expedite the application processing. APPLICANT: Aspen Skiing Company; Don Schuster, representative LEGAL DESCRIPTION: Lot 2, Base Village PUD Final Plat RECORD DOCUMENTS: Town of Snowmass Village Land Use Code, Comprehensive Plan, and complete project file. PUBLIC NOTICE: A public hearing notice was printed in the Snowmass Sun on January 15, 2014. The applicant submitted executed affidavits for the mailing and posting of the hearing notice. Public comments have been received and will be forwarded at the time affected core issue topics are scheduled for review. TC PACKET 02 -18 -14 120 SNOWMASS VILLAGE TOWN COUNCIL NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: February 18, 2014 TIME: During a regular meeting that begins at 4:00 P.M. WHERE: Town Council Chambers Town Hall, 130 Kearns Road Snowmass Village, CO WHY: To receive public comment on an application by the Aspen Skiing Company regarding a proposed Major PUD Amendment Preliminary Plan involving Lot 2 in Base Village as generally described in attached Exhibit `A.' CODE: The application will be processed pursuant to Section 16A -5 -390, `Amendment of Final PUD,' Section 16A -5 -300 "Purpose; overview; general restrictions,' Section 16A -5 -310 `Review standards,' and Section 16A -5 -340, `Preliminary plan' of the Snowmass Village Municipal Code. INFO: The application is a proposal to amend the Final PUD for Base Village involving Lot 2 (generally located south of the transit garage in Base Village which is southerly of the Lower Carriage Way and Wood Road intersection, north of the Elk Camp gondola lower terminal in Base Village, and west of the ski back trail through Base Village). The application includes the proposed addition of hotel rooms, reduction in the number of condominium units, and the relocation of the mountain club from approved Building 8 to Building 5; the reprogramming the commercial / skier service spaces in approved Buildings 4AB and 5; and the removal of previously approved Buildings 9AB and 9C to make room for a redesigned area to include an events plaza. Additional information regarding the proposal is available for inspection at the Snowmass Village Community Development Department, by telephone at (970) 923 -5524 during normal business hours, or via the Town's web page at: http: / /www.tosv.com Written comments are encouraged and will be accepted until the close of the public hearing. For inclusion of written comments in the staff report, submissions must be received a minimum of 10 days prior to the public hearing to the following address: Snowmass Village Community Development Department P.O. Box 5010 Snowmass Village, CO 81615 Attention: Jim Wahlstrom, Senior Planner; Email: iimwahistrom cDtosv.com Additional public hearings may be held for which only published notice may occur. Telephone: (970) 923 -3777 Internet Access to Council email: http: / /www.tosv.com Citizen Feedback Hotline: (970) 922 -6727 or clerk(o).tosv.com Rhonda B. Coxon, Town Clerk TC PACKET 02 -18 -14 121 MEMORANDUM TO: Snowmass Village Town Council FROM: Kelly Vaughn, Director of Communications SUBJECT: Energy conservation /renewable project DATE: February 18, 2014 PURPOSE: The purpose of this discussion is to listen to an update on the proposals submitted for an energy conservation /renewable energy project for Town of Snowmass Village facilities and systems, and identify a satisfactory return on investment for an efficiency project. BACKGROUND: On December 16, 2013, staff a Mona Newton, Executive Director of the Community Office for Resource Efficiency (CORE) —along with representatives from Clean Energy Collective, SGM, and Sol Energy — presented three proposals that were submitted as a result of a Town request for proposals seeking renewable energy /energy conservation project for Snowmass Village municipal facilities. Proposals were sought as a potential investment of monies from the Holy Cross Community Enhancement Fund in order to reduce energy costs to the Town, lower our carbon footprint, and /or provide a significant future revenue stream for the Town. For additional background on project motivations, the Holy Cross Community Enhancement Fund, the RFP Process, and Council discussion prior to December 16, please refer to the Council memo provided as Attachment A. The three shortlisted proposals included: 1. Clean Energy Collective: A Town purchase of 105,120 watts of solar capacity at an offsite community solar installation. 2. SGM /EEI /CLEER: Building upon efficiency improvements to go deeper and dramatically improve the energy efficiency of Town facilities through advanced energy monitoring, publicly accessible tools and consoles, and technical assistance in continued efficiency upgrades. This proposal is provided as Attachment B. 3. SOL Energy: Using photovoltaics (PV) of sufficient capacity to offset a portion of electrical energy use at Town facilities. Rooftop and ground -mount systems were included in the proposal. Upon the completion of the presentations, Council directed staff to explore the following: 1. A project that combined elements of all three proposals. There was a willingness of Council, staff, and representatives from the shortlisted companies to join forces through a long -term collaboration. In addition, industry experts recognize the inherent relationship between all three technological options that were brought to the table. TC PACKET 02 -18 -14 122 2. Provide more clarity on the costs and benefits associated with each proposal so that they could make an 'apples -to- apples' comparison. CONSIDERATIONS: ® Due to changes in Holy Cross Energy's rebate structure, the cost for the purchase of 105,120 watts of solar capacity through Clean Energy Collective would have increased by approximately $107,000 if a purchase is not made before March 1, 2014 (thus the reason we included the revised proposals on today's agenda). Details on the rebate structure are available at http:// easycleanenergy. com/ Shownews.aspx ?ID= Oac30a09 -413f- 4873- aaa3- 877lebOfb9df. o As of Tuesday, February 11th, we were notified by Clean Energy Collective that the Rifle community solar array included in their proposal was sold out. With this opportunity off the table, we will remain in close contact to follow CEC's progress on an additional array planned in Holy Cross territory, at a completion date to be determined. The business models for community -owned solar, efficiency, and on -site solar are dramatically different. Therefore, providing the information needed to confidently quantify return -on- investment and make an 'apples -to- apples' comparison would require additional exploration into the data and energy use of our buildings and systems (through an energy audit or retro commissioning) — which would require an investment from the town. o It was clear through Council's last discussion that return -on- investment was the primary consideration in this project, and therefore quantifying this ROI was essential in any project's approval. ® Once efficiency improvements are realized, the town will re- engage Sol Energy as planning continues on town sites that may change the options available with land of roof space (such as entryway planning for example). It is recommended to install energy tracking and monitoring software first, then explore options with solar second because this allows you to "right size" the solar photovoltaic systems based on your actual demands, and ensure that orientation, placement, etc. are all in -line with how buildings are actually used. DISCUSSION: Rather than direct SGM, EEI, and CLEER to perform a comprehensive and costly energy audit to determine potential projects and quantify return -on- investment, we aim to develop a cost - effective alternative for the town that requires more specific goal- setting from a policy level. We ask that Council discuss what is a satisfactory return -on- investment for a widespread efficiency project for Snowmass Village buildings and systems. Specifically: a How much of the Holy Cross Community Enhancement Fund are we able to dedicate to an efficiency project? What is the payback (years, or percentage) that you expect this project to achieve? Once these goals are specified, SGM, EEI, and CLEER can then modify their proposal accordingly that meets these metrics, and present to Council. This revised proposal based on your desired metrics and outcomes will include many of the same elements that were in the original proposal, but potentially with different phasing and a different scope (e.g. tackling a pilot project vs. all town facilities) TC PACKET 02 -18 -14 123 NEXT STEPS WITH OTHER PROPOSALS: Throughout this process staff will also continue to engage Sol Energy, keeping them abreast of goal setting and efficiency improvements. In addition, staff will keep Sol up to date with major building changes in the Village that would change the nature of our rooftop space (for example, any proposed changes to the entryway site over the next year). Staff will also continue to engage Clean Energy Collective through the planning of their next community solar array regarding potential buy -in options, as well as a possibility of partnering with Clean Energy Collective to subsidize panels for Snowmass Village residents to purchase. STAFF RECOMMENDATION: Staff recommends that Council determine a satisfactory return on investment for the Holy Cross Community Enhancement Fund to provide additional direction to SGM /EEI /CLEER. TC PACKET 02 -18 -14 124 MEMORANDUM TO: Snowmass Village Town Council FROM: Kelly Vaughn, Director of Communications SUBJECT: Energy conservation /renewable project RFP from CORE DATE: December 16, 2013 PURPOSE: The purpose of this discussion is to review three shortlisted proposals submitted for an energy conservation /renewable energy project for Town of Snowmass Village facilities and systems, and identify a course of action. BACKGROUND: A. Project Motivation This project was motivated by several interrelated factors. A 2009 carbon inventory revealed that the Town of Snowmass Village —on average emitted 6 -times more tons of carbon dioxide per capita than the U.S. average. This finding has prompted stronger Council goals, community awareness, and staff initiatives to minimize our impact on the environment. Since 2009, a variety of programs have been implemented across Town departments such as Public Works, Housing, and Community Development to lower the Town's energy costs through efficiency upgrades and innovative code updates. Most notably, a 2010 energy audit of Town -owned facilities and snowmelt systems prompted the Facilities Maintenance Division to perform efficiency improvements such as the replacement of snowmelt boilers to higher efficiency models. Such improvements have reduced our annual energy expenditure for Town –owned facilities and systems by an average of 41.3% (from 2008 - 2012), and reduced annual tons of carbon dioxide emitted by Town -owned facilities 40.76% (from 2008 - 2012). Staff and Council expressed a strong desire to build on these successes and further our collective pursuit toward a more sustainable Snowmass. B. Council Discussions to Date On March 4, 2013, Council reviewed a concept paper to issue an RFP for a renewable energy project/energy conservation program for town facilities, and supported moving forward with the RFP to determine what creative ideas exist to invest in a renewable energy /energy conservation project for Snowmass Village municipal facilities that could provide a significant future revenue stream for the Town. On March 18, 2013, Council approved $9,000 for the development and issuance of the RFP (Resolution 16 series of 2013) to solicit ideas for a renewable energy project, along with improving energy efficiency for Town owned facilities. As proposed, the Holy Cross Enhancement Fund would provide a significant contribution to leverage other public /private funds to implement this project. Holy Cross Energy and Town Council approved the utilization of the Enhancement Fund to pay for the $9000 CORE contract with the condition that if the Town chooses not to implement any of the proposed solutions submitted through the RFP process, the Town would replenish the Enhancement Fund for 50% of the cost or $4,500. C. About the Holy Cross Enhancement Fund Annually, Holy Cross Energy contributes approximately $85,000 to the Holy Cross Enhancement Fund. TC PACKET 02 -18 -14 125 At the end of 2013, the fund will carry a balance of $671,483. Any use of this fund —which is earmarked for seven specific uses including energy conservation projects— requires the approval of the Snowmass Village Town Council and Holy Cross Energy. D. RFP Process and Proposal Selection CORE and Town staff worked with a steering committee to oversee the RPF's development, and vet submitted proposals. This committee consists of stakeholders from government, business, and energy sectors uniquely positions to provide valuable input throughout the process. In August, 2013, the RFP was distributed directly to a list of companies, as well as posted to an RFP database and the Town's website. The closed RFP is available for viewing at http: / /co- snowmassvillage. civicplus .com /bids.aspx ?bidlD =4. Respondents were given approximately one month to respond. During this time, CORE and Town staff hosted a site visit for interested companies of all Town -owned facilities, and provided detailed information such as utility costs and system specifications upon request. Upon receipt of the proposals, the steering committee, Town staff, and the Environmental Advisory Board reviewed proposals according to the following criteria: a. Potential to reduce energy costs to the Town b. Return on investment c. Community acceptance d. Public education e. Barriers to project completion f. Other considerations as appropriate Thorough review and discussion with all stakeholders, blended with community engagement throughout the process resulted in the short-list of proposals presented to you today. SHORTLISTED PROPOSAL SUMMARIES A. SGM, Engineering Economics, Inc., Clean Energy Economy for the Region (CLEER), and HVAC Technical Services, Inc. Overview: The SGM proposal provided as Attachment A offers a five phased approach to building upon efficiency improvements to go deeper and dramatically improve the energy efficiency of Town facilities through advanced energy monitoring, publicly accessible tools and consoles, and technical assistance in continued efficiency upgrades. Educational Component: The proposal includes options for public kiosks and case studies Proposal Cost: Costs associated with each phase of the proposal are included in Attachment B. Benefits: We have had tremendous success to date with our efficiency improvements performed with SGM, and projects have yielded a tremendous payback. This presents the opportunity to go deeper and build on what we've already accomplished. Advanced monitoring and transparent educational tools will help staff realize efficiencies beyond the life of our contract. Risks: Now that the "low- hanging fruit" has been picked, additional efficiency improvements may not yield the same rapid payback that we've experienced in the past. Facilities Maintenance staff is also consumed with their significant day -to -day responsibilities, and there is no guarantee that future monies will be available to implement all projects recommended through this program. B. Sol Energy Overview: Sol Energy's proposal provided as Attachment C presents the potential for using photovoltaics (PV) of sufficient capacity to offset a portion of electrical energy use at Town facilities. Rooftop and ground -mount systems are included in the proposal. Educational Component: The proposal includes options for public education including outreach and communications, and a public console to show how the system is performing in real -time. TC PACKET 02 -18 -14 126 Proposal Cost: Photovoltaic systems would be offered by means of a power purchase agreement (PPA) from a third -party financier. Under the terms of the PPA, the third -party pays for the PV system, owns, and maintains the system. The Town would pay for kWh used at a predetermined price, which is less than would otherwise be paid to the utility service provider. Benefits: With no direct impact to the Holy Cross Community Enhancement Fund, we could produce clean, renewable energy on -site to reduce Town expenses. Approximately 24% of the Town's energy could be offset with onsite systems. Offsetting 100% of the Town's energy could be done by building PV systems on parking lots. The PV systems would provide protection for autos from the elements. Depending on the location of the system, this could provide a highly visible statement about the Town of Snowmass Village's intent toward environmental protection. An electric vehicle charging station could also be included in the system. Risks: Without first pursuing greater efficiency improvements in Town facilities, we won't realize the full benefit of renewable energy generation. In addition, installation of the PV covered parking lots would necessitate community meetings to seek public input, which would take time. Installation of the systems would not likely begin until spring, 2014. C. Clean Energy Collective Overview: The proposal from Clean Energy Collective, provided as Attachment D, presents the Town with the option to purchase solar generated capacity at their utility - scale, community -owned solar facility in Rifle, Colo. CEC is responsible for the ongoing operations and maintenance of the solar array. This includes active daily monitoring of production and weather information, as well as real -time visibility into actual production. Educational Component: The proposal includes a budget for portable displays detailing the project, and additional content as desired. The Aspen International Mountain FoundationNERTEX is included in the proposal as an educational partner. Proposal Cost: $310,153 to purchase 438 panels, producing 240 watts each (total: 105,120 watts) Benefits: This option is the easiest to execute, as it involves a simple one -time transaction between the Town and CEC. According to analysis by the steering committee, this option provides the most compelling return -on- investment. If the Town was interested, CEC could also offer TOSV residents the opportunity to purchase into the system. Risks: The Town would be purchasing clean energy that is already on -line, and therefore not adding production of our own. In addition, the PV panels purchased by the Town would be located remotely, and therefore less demonstrative. The Town could also wait to buy into the new system that will likely be built in 2014. POTENTIAL COURSES OF ACTION: In order to frame Council discussion, the following courses of action could be considered: a. Approve the utilization of Holy Cross Community Enhancement Funds for toward a, or a combination of the proposed projects b. Support a, or a combination of projects and request further discussion on timelines, phasing, and implementation c. Support none of the proposed solutions and reimburse the Holy Cross Community Enhancement Fund $4,500. STAFF RECOMMENDATION: Staff recommends that Council strongly consider these proposals as complimentary. We believe a combination of proposals would be effective for the Town, especially if properly phased. It is conventional wisdom to first pursue any and all efficiency improvements before adding renewable capacity. TC PACKET 02 -18 -14 127 X-e7~- ,* q/ Q 0 SN wMASS Awe, sal Energy Efficiency and Renewable Energy Projects September 9, 2013 !BSGM TC PACKET 02 -18 -14 128 Town of Snowmass Village Energy Efficiency and Renewable Energy Project TeamOverview ........................................................................................... ............................... 1 1.1 Company Overview ........................................................................... ............................... 1 1.2 Project Management and Coordination .............................................. ............................... 2 1.3 Appropriate Market Sector Experience .............................................. ............................... 3 1.4 Project Personnel and Staffing .......................................................... ............................... 4 ProjectApproach ........................................................................................ ............................... 4 ProposedScope of Work ......................................................................... ............................... 7 BestValue .................................................................................................. ............................... 8 2.0 Cost and Pricing ................................................................................ ............................... 8 3.0 Financial Investment .......................................................................... ............................... 8 4.0 Project Timeline .................................................................................. .............................10 5.0 Project Issues ..................................................................................... .............................10 6.0 Community Acceptance ...................................................................... .............................10 7.0 Public Education about Project ........................................................... .............................10 Appendices Resumes Letters of Intent G AV% A%% M TC PACKET 02 -18 -14 129 Town of Snowmass Village Energy Efficiency and Renewable Energy Project Team Overview Our team, comprised of SGM, Engineering Economics, Inc., CLEER and HVAC Technical Services, Inc., is experienced, innovative and committed to realizing the Town of Snowmass Village's (Town) goals. As you will read below and throughout our proposal our collective fire power is well suited to achieving these goals. Together our team brings: • Strong, long- standing relationships with Town staff, CORE and HCE. More so than any other team, we are heavily invested in helping the Town succeed in the short and long term. • Working knowledge of Town facilities and systems. • A simple, yet innovative and cost - effective approach to achieving the Town's goals. • Unparalleled energy management expertise including energy systems, efficiency and conservation, renewable energy, financing, and cost/benefit analysis. Together we've worked on hundreds of energy efficiency projects and dozens of renewable projects. • Proven track record of savings with double digit savings typical for our clients. Below is a more detailed description of each team partner. 1.1 Company Overview SSGMSGM is an engineering firm headquartered in Glenwood Springs with additional offices in Aspen, Salida, Meeker, Gunnison and Grand Junction to provide localized service to our clients. Established in 1986, SGM offers energy management, water /wastewater services, water resources, stormwater hydrology, transportation and traffic operations, structural engineering, resort development, construction observation /management/inspection, and surveying services which includes GIS mapping. Currently, SGM serves as the engineer -of- record for both the Town of Snowmass Village and the Snowmass Water & Sanitation District. SGM's clean energy solutions team consists of three Certified Energy Managers, (CEM) with over 60 years of collective experience in energy management, HVAC and project management. Our diverse yet comprehensive expertise has allowed us to successfully complete over 100 clean energy projects in Western Colorado encompassing all aspects of energy management and renewable energy project development. This success has been made possible by SGM's commitment to quality service and long term client relationships. Engineering Economics, Inc. (EEI), founded in 1984, is a facility consulting firm, which specializes in building commissioning, Leadership in Energy and • Environmental Design (LEED), facility assessments and energy optimization services. These services are customized to their clients' specific needs with a focus on quality assurance and sustainability. Headquartered in Golden, EEI employs over 70 highly trained and experienced employees who are committed to excellence. Their technical staff includes: 21 PEs, 30 LEED AP's, 14 certified commissioning professionals and four CEMs. In addition, EEI employs building automation system specialists. Their technical staff has an average of 22 years' experience in building systems. EEI has provided its clients with commissioning, retro- commissioning and energy optimization services since 1991 working on more than 170 million square feet of space in new and existing buildings with total construction value on these projects in excess of $31 billion. The firm has provided commissioning services for public facilities, municipal and governmental projects, universities, museums, healthcare, laboratories and correctional facilities. GSGM TC PACKET 02 -18 -14 130 p 1 Town of Snowmass Village 1.2 Project Management and Coordination SGM has developed an organization chart which not only presents the lines of authority and communication but also illustrates the responsibilities of each team member. Please note that resumes and letters of intent are included in the Appendix. Project Team Organization Chart Holy Cross Energy Community Partner Town of Snowmass Village Owner SGM Dan Richardson, CEM Project Manager Energy Analysis Renewable Energy CORE Community Partner CLEER EEI SGM HVAC Mike Ogburn Jarrell Wenger, PE Tony Haschke, CEM Jarod Samuelson Energy Monitoring Commissioning Mechanical Engineering Mechanical System Optimization Energy Analysis Commissioning Contracting Quality Control System Optimization Energy Modeling Erica Sparhawk Additional Resources Mike Suhrbier, CEM Education Controls Energy Auditor Outreach Retrofit Engineering Thermal Envelope Communication Project Management Energy Modeling Additional Resources Civil Structural GIS Construction Management SSG M 2 p, TC PACKET 02 -18 -14 131 Town of Snowmass Village Energy Efficiency and Renewable Energy Project 1.3 Appropriate Market Sector Experience To address the RFP requirements, we have included a summary table of relevant projects below. More detailed project descriptions can be provided upon request. Projects with * included a renewable energy project and projects with O are projects in which at least two team members have collaborated together. Client Project Title Project Title Town of Recreation Center MBCx, solar projects, efficiency upgrades, Courthouse retro- commissioning with energy modeling Carbondale significant savings even on a LEED Platinum building Commissioning of HVAC & controls including GSHP & PV Town of New Castle wastewater Treatment Plant MBCx with successful employee Statewide energy conservation planning including efficiency, engagement using Navigator to aid plant operations renewables, training, funding, M &V Aspen School District High School & Middle School MBCx with immediate savings RCx of HVAC & Control Systems, using Navigator, realized significant Garfield County MBCx, lighting retrofit, renewable energy projects using Navigator at savings County Fair rounds Riding Arena and Rifle HHS buildings RCx of HVAC & Control Systems, using Navigator Town of Parachute MBCx of HVAC, Control Systems and boiler control using Navigator; *0 renewable energy monitoring with 5 year payback Town of Recreation Center MBCx using Navigator, BAS integration for active - RCx of HVAC & Control Systems, using Navigator, renewable energy Carbondale demand-limiting, immediate savings; renewable energy monitorin project Summit School Provided district -wide Energy Navigator implementation, used by staff RCx of Recreation Center HVAC & Control Systems, realizing savings District to perform MBCx projects including scheduling, employee engagement Crystal River MBCx study, identified significant savings potential with existing 0 Elementary School equipment, identified equipment upgrades ro ect, li hting upgrade Client Project Title Albany County, WY Courthouse retro- commissioning with energy modeling Powers Arts Center, Carbondale Commissioning of HVAC & controls including GSHP & PV State of Hawaii Statewide energy conservation planning including efficiency, renewables, training, funding, M &V The Ritz Carlton RCx of HVAC & Control Systems, using Navigator, realized significant 0 savings Dancing Bear Aspen RCx of HVAC & Control Systems, using Navigator Riverside RCx of HVAC & Control Systems, realized 59% reduction in energy Professional Bldg with 5 year payback Town of Parachute RCx of HVAC & Control Systems, using Navigator, renewable energy project Town of Snowmass RCx of Recreation Center HVAC & Control Systems, realizing savings 0 Village Town of Silt RCx of HVAC & Control Systems, using Navigator, renewable energy ro ect, li hting upgrade Glenwood Hot Sorgs Pool & Lodge Energy Assessment with Hot Spring Use Assessment 0 Client I Project Title Alta Ski Area Full Cx of mech., elec., plumbing, envelope for LEED Silver Lift Maintenance Building GSGM TC PACKET 02 -18 -14 132 p13 1.4 Project Personnel and Staffing Please refer to the organizational chart in section 1.2 for the name, firm name and intended roles and responsibilities of each team member. Please refer to the Appendix for complete resumes. Project Approach We understand the Town's goals for this project are to: • Reduce net energy consumption, costs and carbon emissions through improved efficiency and /or sustainable energy sources for Town buildings and snowmelt systems for the long term • Establish the Town as a municipal leader through energy reduction projects that raise community awareness by integrating public education into the projects • Implement projects with a strong return on investment while leveraging available funds We applaud the Town's comprehensive vision and we will MBCx demonstrate how our innovative approach can help you achieve this vision by integrating intelligent building and system management with sustainable energy sources. The foundation to this approach is MBCx, or monitoring -based commissioning *. MBCx capitalizes on measurements of energy use to troubleshoot problems, quantify savings and help ensure savings and high performance persist over time. *MBCx is a general process pioneered by California Institute for Energy and Environment and researchers at Lawrence Berkeley National Laboratory. It's created a paradigm shift in how we approach optimizing the performance of energy systems in building — and how we maintain it over time. GSGM TC PACKET 02 -18 -14 133 am Town of Snowmass Village Energy Efficiency and Renewable Energy Project National Renewable Full Cx of high performance systems including GSHP, PV, Lighting and Energy Laboratory BAS for Net Zero Energy Site Entrance Bldg & Parking Garage Grand River Hospital District Proof of Performance Cx of HVAC, Lighting & Control Systems Shea Garfield County Office Bid Proof of Performance Cx of HVAC, Lighting & Control Systems St. Regis Aspen Proof of Performance Cx of HVAC, Lighting & Control Systems Client Project Title Glenwood Springs Ford MEP Documents, Construction Administration & Cx for Remodel Bighorn Toyota Mechanical Design for Remodel Alpine Bank, multiple locations HVAC Modeling and Specification for Boilers Replacement The Hotel Denver Mechanical and Plumbing Design for Remodel 0 Aspen Skiing Snowmass Club Pools and Spas Heating Renovations, Asset Company Management, Energy Assessments of several ASC facilities, HVAC 0 upgrades of many ASC facilities Salida Hot Springs Hot Springs Pipeline Assessment to raise pool temperatures, resolve I Pool humidity issues, Centennial Park Master Plan Feasibility Stud 1.4 Project Personnel and Staffing Please refer to the organizational chart in section 1.2 for the name, firm name and intended roles and responsibilities of each team member. Please refer to the Appendix for complete resumes. Project Approach We understand the Town's goals for this project are to: • Reduce net energy consumption, costs and carbon emissions through improved efficiency and /or sustainable energy sources for Town buildings and snowmelt systems for the long term • Establish the Town as a municipal leader through energy reduction projects that raise community awareness by integrating public education into the projects • Implement projects with a strong return on investment while leveraging available funds We applaud the Town's comprehensive vision and we will MBCx demonstrate how our innovative approach can help you achieve this vision by integrating intelligent building and system management with sustainable energy sources. The foundation to this approach is MBCx, or monitoring -based commissioning *. MBCx capitalizes on measurements of energy use to troubleshoot problems, quantify savings and help ensure savings and high performance persist over time. *MBCx is a general process pioneered by California Institute for Energy and Environment and researchers at Lawrence Berkeley National Laboratory. It's created a paradigm shift in how we approach optimizing the performance of energy systems in building — and how we maintain it over time. GSGM TC PACKET 02 -18 -14 133 am Town of Snowmass Village Energy Efficiency and Renewable Energy Project Our approach uses MBCx as the foundation and strengthens it with the following core strategies: • Connect the energy monitoring hardware that sends data to these cloud -based tools directly to existing BAS systems so that facility management becomes more streamlined and effective. Benefits of this connection include real -time electricity demand management, which becomes even more valuable when implemented on buildings equipped with solar PV arrays. We can assist in renewable site selection and sizing to maximize these benefits. • Use these tools as an interactive education and outreach tool for Town staff and the general public to increase understanding of how energy is used and increase awareness about how to reduce it. Implementation of these tools will be accompanied by targeted outreach highlighting the conservation and renewable successes in the Town. In addition, public kiosks can incorporate information about local energy saving programs available to the Towns residents. • Have a 'rapid response' team to implement energy saving projects and potentially increase comfort. Our team is already very familiar with Town facilities and staff and it includes local engineers, national experts and contractors to offer `turnkey' and `fix on the fly' capabilities. • In parallel with MBCx, our team will evaluate and /or manage sustainable energy projects to ensure proposed and /or potential systems are the best application for the Town's facilities and financial parameters. Systems could include but not be limited to: • Photovoltaics and solar thermal for buildings • Biomass and /or combined heat and power for snowmelt systems • District heating system(s) potentially for several different `districts' including Village buildings, Public Works, snowmelt systems and others • Microhydro at Vidal Gulch or other opportunities • Regular evaluation of evolving technologies, business models that allow for innovative implementation and alternative funding opportunities. • Evaluate Town fleet management and /or public electric plug -in opportunity • Clear and consistent communication with Town staff and CORE. • Pursue additional funding sources and strategies as outlined in Section 3.0. With this approach we're confident the Town will achieve its goals efficiently and cost effectively. 6SGM TC PACKET 02 -18 -14 134 p15 Town of Snowmass Village Energy Efficiency and Renewable Energy Project SSGM TC PACKET 02 -18 -14 135 .. Town of Snowmass Village Energy Efficiency and Renewable Energy Project Proposed Scope of Work In order to specifically articulate how we will implement our approach, we offer the following Scope of Work. We refer to these services as the 'MBCx Services' of our proposal. Phase I — Set the Stage 1. Host kick -off meeting to confirm Year 1 savings goals and schedule 2. Establish energy baseline for the purpose of tracking progress Option: Upgrade Town -wide energy tracking tool 3. Create implementation plan and schedule Phase II — Achieve quick -win savings 4. Install energy monitoring equipment 5. Integrate real -time energy monitoring data into applicable BAS systems 6. Begin MBCx on primary facilities /systems, targeting snowmelt systems, the Recreation Center, Town Hall and the Public Works facilities (see examples below) 7. Begin training Nick's staff in MBCx such as energy monitoring, advanced control strategies, understanding faults and proper responses, as well as other topics Phase III: Implement PV and Efficiency Projects 8. Evaluate and manage PV implementation based on vendor proposals 9. Develop (engineering, bidding, cost/benefit, etc.) and propose specific project proformas to the Town and CORE 10. Identify alternative funding sources 11. Implement approved projects 12. Evaluate biomass, CHP, district heating and develop /propose projects as appropriate 13. Evaluate fuel savings potential in the Town fleet, if requested Phase IV: Public Education and Staff Training 14. Coordinate community meetings 15. Install public kiosks (four at locations decided by the Town and CORE) customized to inform user of Town's energy use and energy- saving efforts, local energy saving programs, etc. 16. Develop 2 -3 case studies on specific projects and energy savings and incorporate into local media, industry wide media outlets and on the kiosks 17. Continue staff training Convert HW distribution to variable flow Replace standard boilers w/ high efficiency • Differential pressure reset Convert electric to aas • HW supply T • Boiler lockout • Boiler tune -ur 1 • Clean coils, system tune -up I • Evaporative coolina I • Demand controlled ventilation • Heat recovery for heating and cooling • Clean plugged coils • Additional air sealing and weatherization • Correct economizer operation • Convert AHU to VAV • Reduce unnecessary exhaust and makeup 0J V M p 17 TC PACKET 02 -18 -14 136 Town of Snowmass Village Energy Efficiency and Renewable Energy Project ControIs, : ::� .. • Correct flawed sequences Upgrade conventional to DDC • Optimal start/stop Integrate equipment controls to BAS • Scheduling & occupancy by zone • Active electricity demand limiting controls L��`titin • Occupancy controls Fixture retrofit to LED • Daylighting controls • Optimize exterior lighting control 5nowmelt�S_ stems Our team understands snowmelt systems are critical to the Town and must always function properly. These systems constitute more than half of the town's annual energy expenditure and luckily, the efficiency of most snowmelt systems can be significantly improved without compromising the melting performance. In a typical year, a snowmelt system will consume approximately 10 times more energy during idle mode than for melting snow! With real -time energy monitoring and accurate prediction of oncoming storms by surrounding weather stations or from the internet, the energy expended during idle and hence overall energy consumed can be drastically reduced, while still allowing sufficient time to bring a slab up to melting temperature. The efficiency of snowmelt systems can be improved during all modes of operation through strategies such as the following: • Replacing conventional boilers with condensing boilers • Converting constant flows stems to variable flow • Careful zone-specific control of systems • Augmenting as -fired boilers with biomass -fired boilers • Augmenting boilers with heat from a combined heat and power plant • Augmenting boilers with stored solar thermal heat Best Value Energy efficiency has been considered low hanging fruit for decades — yet realizing and maintaining these savings has been elusive for many facility managers, to say the least. The value of SGM's team is simple innovation that cost effectively: • capitalizes on measurements of energy use to troubleshoot problems with `fix on the fly' solutions where feasible, • facilitates proper configuration and calibration of BAS systems to reduce nuisance alarms, comfort complaints and other facility management headaches, • engages building occupants and the general public in energy programs, • quantifies savings and lifecycle costs to allow for more informed investment, and • helps ensure savings and high performance persists overtime. Founded on a strong and long- standing relationship with Town staff, SGM's team approach will greatly improve the persistence of energy savings measures implemented after the initial effort. MBCx is an approach that combines intelligent building automation with rapid response expertise that few, if any, other firms in Colorado can offer. 2.0 Cost and Pricing Please refer to Section 3.0 `Financial Investment'. 3.0 F=inancial Investment Our team's approach to this project is intended to serve as the foundation to meeting the Town's larger goals of being a `net zero municipal leader'. It weaves together several proven strategies into one package that to our knowledge has never been fully implemented by any entity on the Western Slope or perhaps anywhere in Colorado. Our team has carefully thought through the SSGM TC PACKET 02 -18 -14 137 Town of Snowmass Village Energy Efficiency and Renewable Energy Project approach outlined above but we recognize that specific implementation will require additional discussion with the Town, CORE and Holy Cross Energy. For this proposal we are not able to offer specific fees, guaranteed savings or an investment - grade financial proforma. Rather what we offer is a suggested financial plan to achieve the stated goals using Community Enhancement Funds as seed money. We fully intend to offer a fee proposal for the work we propose after the Town, CORE, HCE and our team can refine the scope of work. Financial Plan: Step 1: Allocate a percentage of Community Enhancement Funds to 'MBCx Services' including: o Capital costs to be used for Energy Community nhancement Fund Navigator equipment and installation y including data loggers, kiosks, etc. These systems will remain with the Town after the project as a lasting resource, while also enabling the proposed MBCx projects. Town staff can continue to use the tools to maintain savings and work to increase savings over time. o Service costs to be used for establishing the energy baseline, MBCx services with `fix on the fly' implementation of projects realizing immediate savings (including minor capital costs), renewable energy system evaluation as requested based on projects proposed by vendors and education /outreach. Energy • Step 2: Using the established baseline, develop a Town Energy Fund, funded by energy savings realized in Step 1. o This strategy would provide the Town a revolving fund it could use to reinvest into projects identified in Step 1. Based on 2012 energy costs provided in the RFP, 10% annual savings would provide over $44,000 per year of reinvestment funds. • Step 3: Leverage additional funding. :s • SGM's team is willing to propose a shared savings approach where our fees are partially performance- based, meaning a percentage would be contingent upon realized savings. • Evaluate /develop project proformas for renewable energy projects that leverage funds through alternative financing. • Apply for project- specific grant funding by using case study information developed from other successful projects. • Explore the feasibility of new, innovative funding mechanisms, such as'EPx'. SSGM TC PACKET 02 -18 -14 138 ME Town of Snowmass Village Energy Efficiency and Renewable Energy Project 4.0 Project Timeline The following chart represents an estimated timeframe to achieve the scope of work outlined in our proposal. 5.0 Project Issues While we have carefully thought through our approach to this project, our team has identified the following issues as ones to keep in mind throughout the project: • Monitoring the availability of additional funding sources • Staff involvement will be essential — the town has a history of engaged staff, as evidenced by successful energy savings in recent years — this project will require that level of engagement to continue in order to ensure the persistence of savings • Maintainability and durability of systems to facilitate facility management 6.0 Community Acceptance Our team has over 25 years of experience working specifically in the Town of Snowmass Village, as well as the entire Roaring Fork Valley. Our involvement in the Town's Environmental Sustainability Plan and various community plans throughout the Valley gives us keen insight into the importance of community engagement and the need for clear and consistent communication about how the applicable technologies will integrate into the surrounding environment. 7.0 Public Education about Project Our team brings considerable community organizing and communications experience so that we can better engage the public about the projects' impact on the Town's energy bill and on the climate overall. We'll work with the Town to develop messaging among key Town staff and Council members and then assist in deploying the messaging throughout the community. We'll use the following methods: 1) Coordinate community meetings (2 -3 depending on need due to related renewable projects and /or desires of Town staff) 2) Compile compelling case studies about energy savings projects and get them into multiple media platforms 3) Utilize the Energy Navigator with public kiosks, giving residents and visitors the opportunity to see Town energy data and find information about local programs (e.g. collateral about CORE, Protect our Winters, Save Our Snow, etc). 4) Coordinate public education opportunities with Aspen Skiing Company (ASC), possibly including kiosks in high use areas, and possibly going so far as to combine savings information from the Town and ASC to share the level of impact with visitors and residents. SSGM TC PACKET 02 -18 -14 139 p110 Team Member Resumes TC PACKET 02 -18 -14 140 Senior Energy Consultant e2 clean energy solutions Team Leader Education Bachelor of Environmental Design in Architecture, University of Colorado Boulder, 1994 Professional Affiliations Certified Energy Manager Leadership in Energy and Environmental Design Accredited Professional (LEED AP) Dan Richardson CEM General Background Dan, a clean energy consultant and the e2 Team Leader, has worked for SGM since 2007 and has experience in facility and vehicle energy management, financial analysis and feasibility, asset management strategy, and public policy. His project experience includes consulting for over 40 local governmental agencies and many private sector clients on various elements of energy management. Dan has consulted fortheColorado's Energy Office (CEO) and the Environmental Protection Agency (EPA), and is becoming a leading expert on CNG implementation in Western Colorado. Dan is passionate about helping local communities thrive and therefore has focused his efforts on Western Slope community projects. In addition to his consulting experience, Dan served on the Glenwood Springs City Council, Chairman of the Roaring Fork Transportation Authority (RFTA) Board of Directors and has also served on the Glenwood Springs Chamber Resort Association (GSCRA) and the Clean Energy Economy for the Region (CLEER) Board of Directors. He is currently President of the Waldorf School on the Roaring Fork Board of Trustees in Carbondale. Dan's public speaking engagements on clean energy solutions include lead trainer for the EPA's energy management training for water and wastewater utilities, Energy Management Training for CEO, a keynote address for Gunnison County's 2008 Energy Summit, Solar 2006, Colorado Municipal League's 2006 and 2007 annual conferences, Urban Land Institute's 2007 Governor's Retreat, Colorado Association of Ski Towns, and various presentations across Colorado, Utah, Idaho, Minnesota, and Massachusetts. In 2010, Dan was selected by Colorado Biz magazine as one of Colorado's 'Top 25 Influential Young Professionals.' Summary of Experience Clean Energy Systems. Dan has performed feasibility analysis on several clean energy systems including CNG, geothermal, small hydro, biomass, solar thermal and photovoltaic projects. Most recently he led the effort to evaluate all viable bus propulsion technologies for Steamboat Springs Transit (SST) and RFTA and the subsequent preliminary design, analysis and implementation for CNG. Dan has also served as a consultant to the CEO, responsible for creating small hydro evaluation tools for the general public and utilities. He was a member of the Colorado's Energy Office's Small Hydro Working Group and past chairman of the Glenwood Springs Geothermal Task Force. Recent projects include: • Alternative Fuel System Assessment, SST (2013) • CNG Analysis, Roaring Fork Transportation Authority (2011) • Renewable Energy Analysis, Roaring Fork Transportation Authority (2010) • Geothermal RFP for City of Glenwood Springs Ped. Bridge (2010) • Garfield NECI Renewable Energy Analysis, Land + Shelter (2009) • Solar PPAAnd Project Development, Town of New Castle (2009) • Solar Analysis And Project Development, Springs Building, LLC (2009) • Solar & Hydro Analysis, Town of Snowmass Village (2009) • Solar, Wind And Hydro Analysis, City of Glenwood Springs (2008) • Renewable Energy Analysis, Knapp Ranch (2011) • Renewable Energy Analysis, Welles -Barr Residence (2011) • Geothermal Analysis, CDOT Glenwood Springs (2008) • Biomass Pre - Screening, Sunlight Mountain Resort (2009) TC PACKET 02 -18 -14 141 Dan Richardson CE Representative r Experience Facilities and Systems. Dan has consulted on the performance of many commercial/ municipal facilities and municipal infrastructure systems in Western Colorado. As a consultant to CEO's Energy Performance Contracting Program, Dan has consulted on nearly forty municipal /county projects around the State of Colorado. Dan has also consulted in several energy management projects for building owners, utilities and resort entities. Recent projects include: • CNG Facilities Implementation, RFTA (2012) • CNG Vehicle Service Analysis, Berthod Motors & GS Ford (2012) • Condition Assessment for 256 res. units, Aspen Ski Co. (2012) • Condition Assessment for new CMC Central Operations (2011) • Condition Assessment for 14 restaurants, Aspen Ski Co. (2008) • Condition Assessment for The Old Salida Hospital, Town Of Salida (2008) • Distribution & Collections Facility Project Dev. for ERWSD (2011) • Energy Audit Project Management, Carbondale WWTF (2008) • Water Conservation Plan for City of Rifle (2008) • Energy Audits, Town of Basalt (2007) • Energy Management, Town of Snowmass Village (2009) • LEED consulting, Glenwood Springs WWTF (2009) • Energy Star Certification Project Management, JCPenney (2009) • Energy Management, Aspen Skiing Company (ongoing) • Energy Management, Alpine Bank (ongoing) • Energy Audit Project Man., Glenwood Hot Springs Lodge And Pool (2010) Public Policy & Programs. Dan's most recent project was training water and wastewater utilities from around the state on energy management on behalf of the EPA. The training covered nearly all aspects of how to utilize asset management as a tool to identify energy savings. Dan developed and managed for CEO the Main Street Efficiency Initiative, a state -wide, federally funded program to assist small businesses implement energy efficiency and facility upgrade projects, through Trident Energy Services. As part of this contract, Dan consulted with and /or provided training on all aspects of energy management around the state. Dan co- authored one of the first mandatory `green building' programs in the country for the City of Aspen and Pitkin County. He has consulted with over twenty municipalities on energy /climate action plans and has written plans for the City of Aspen, and the Towns of Vail, Avon, Frisco and provided peer review for the City of Glenwood Springs and the Town of Carbondale. He created the `Energy Tracker' tool specifically for municipalities and is currently being used by several agencies. Dan's diverse experience from the field to the board room has allowed him to create comprehensive strategies that assist clients in implementing clean energy solutions. Recent projects include: • Energy Management Training for Water & Wastewater Utilities on behalf of the EPA (2011) • Energy Efficiency Workshop Training on behalf of Energy Smart and Garfield Clean Energy (2011) • CEO Main Street Efficiency Initiative, Trident Energy Services (ongoing) TC PACKET 02 -18 -14 142 Dan Richardson CM Representative r Experience • CEO Energy Performance Contracting, Trident Energy Services (ongoing) • Greening BRT, Roaring Fork Transportation Authority (2010) • Clean Tracks Energy Plan, Town of Frisco (2008) • Energy Action Plan, Town of Vail (2008) • Climate Action Plan, Town of Avon (2008) • Canary Action Plan, City of Aspen (as City employee, 2007) • Efficient Building Program, City of Aspen /Pitkin County (2004) TC PACKET 02 -18 -14 143 Jarrell D. Wenger, PE, LEED AP, Principal -in- Charge EDUCATION B.Sc., Mechanical Engineering, Queen's University, Kingston, Ontario, Canada 1981 M.S., Mechanical Engineering, Colorado State University, 1984 PROFESSIONAL Registered Professional Engineer in Colorado, California, Hawaii, Texas and Wyoming REGISTRATION EXPERIENCE Mr. Wenger started his career working for Texas Instrument's Energy Management Group and then Engineering Economics, where his worked focused on the analysis, design, installation, troubleshooting and performance enhancement of mechanical and controls systems. Subsequently, Mr. Wenger served as Senior Research Engineer for Johnson Controls where he was responsible for indoor air quality (IAQ) research, internal litigation and control project development. Mr. Wenger is an internationally recognized expert on IAQ issues. He has spoken widely on the subject and has authored or co- authored numerous papers and articles. Since rejoining EEI in 1997, Mr. Wenger has focused on broad building system performance issues. He has managed and executed numerous new building commissioning projects as well as retroactive commissioning and troubleshooting efforts. He has performed IAQ problem diagnostics and energy efficiency analyses along with economic performance comparisons of HVAC and central plant alternatives. Mr. Wenger has provided technical expertise and testimony on IAQ and other building performance issues to legal teams. REPRESENTATIVE • City & County of Denver, Denver Justice Center, Denver, CO: Principal -in- Charge PROJECTS for the LEED commissioning of this 783,000 SF, 3- building, new justice center complex. Included in the justice center complex is a relocated post office in a covered parking garage, along with the new Detention Center and Courthouse. The Courthouse is a five -story building that features 35 courtrooms and related office spaces to handle criminal cases. The Courthouse has two garden roofs to help absorb storm water runoff. The roof areas that aren't covered in plants have a white roof membrane to help reduce the heat - island effect. Other green features include the use of recycled steel and concrete containing a high percentage of fly ash. • Denver Federal Center, Lakewood, CO: Principal -in- Charge of this facility encompassing an area of about 670 acres and 90 buildings totaling over four million square feet of office, warehouse, lab and special use space. With 26 different federal agencies on -site, this is the largest concentration of federal agencies outside of Washington, D.C. EEI commissioned the following systems and equipment: photovoltaic panel arrays, combiner boxes, cabling and conduit systems and inverters. • Jefferson County, Laramie Building, Golden, CO: Principal -in- Charge of this 133,000 SF facility housing the county's Workforce Development Center. The building includes 85,000 SF of office space and approximately 40,000 SF of archive and storage space for records and voting machines. EEI provided design review of the construction documents, field observation of installations and functional testing of equipment. EEI recommended several changes that were implemented in the control sequences and performed commissioning for all major mechanical and electrical equipment and the Reliable controls system. • Jefferson County, Bradford Building, Littleton, CO: Principal -in- Charge of this 32,000 SF facility including a sheriff's office, exercise room with locker rooms, motor vehicle department, human services and probation departments. Jefferson County consolidated multiple services into a single location to better serve residents of the south end of the county and save facility rental costs. SPECIAL . LEED Accredited Professional QUALIFICATIONS PROFESSIONAL . American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) AFFILIATIONS —Guideline Committee 10, Criteria for Acceptable Indoor Environments • American Solar Energy Society (ASES) • Building Commissioning Association (BCA) • United States Green Building Council (USGBC) TC PACKET 02 -18 -14 144 Mike Ogburn, MSME Energy Engineer Vehicle & Transportation Efficiency, Active Energy Management Education Master's of Science, Mechanical Engineering (Virginia Polytechnic and State University) • Bachelor's of Science, Mechanical Engineering (Virginia Polytechnic and State University) Awards U.S. Patent # 6,491,120 (Hybrid- Electric Vehicle Design and Operation) • U.S. Patent Pending (Hydrogen Fuel Cells: Stoichiometric Performance Control) First place and 5 other awards -1998 FutureCar Challenge Conference Presentations • Vehicle Fleets in the Clean Energy Economy— Conference Organizer and Presenter, 2010 ■ Engineer's Ireland National Congress – 'Energy Technology Outlook," 2007 ■ Society of Automotive Engineers Congress – "Integration of Fuel Cell Technology Into a Hybrid Vehicle," 2000 Selected Project Experience Active Energy Management, Western Colorado Mike led the development of a customized energy - tracking system and is using it to achieve energy savings for local governments and businesses. The system includes monthly bill databases and web -based minute -by- minute energy recording designed to engage the public and to support cost - saving programs in large facilities. GarfieldEnergyNavigator.org, together with its sister -site the ColoradoEnergyNavigator.com, track over 100 large buildings and wastewater facilities, including over 40 sites with "live" 15- minute electricity use and 11 with "live" solar energy production tracking. Using a technique CLEER calls Active Energy Management, Mike works with facility managers to achieve low - cost and no -cost energy savings, and to use the website to identify and prioritize energy upgrades, often resulting in projects with paybacks of under 1 year, equivalent to greater than 100% annual return on investment. Garfield County Energy Inventory, Garfield County CO Mike was the lead author and a researcher for an inventory of utility and transportation energy use and spending in Garfield County, "Adding Up the Bills." This document identified a total of $219 million in annual spending on energy, including both transportation fuels and gas /electric utilities. This report identified a $43- million -dollar economic development opportunity if 20 percent energy savings are achieved in the transportation and building sectors. Vehicle Energy Efficiency; Refuel Colorado Fleets, Statewide Mike leads CLEER's Clean Vehicle Technology program, advising local governments and businesses on efficient fleet policies, vehicle technologies, and life cycle -cost decision - making. Mike is leading Energy Coaching for the statewide "Refuel Colorado" that focuses on accelerating adoption of alternative fuels in key communities. Mike organized and presented at the successful "Vehicle Fleets in the Clean Energy Economy" workshop held Feb. 5, 2010, in Glenwood Springs, and a follow -on workshop April 131h 2012. He has been a guest speaker at CASTA and RMFMA workshops and is the author of much of the content in the "Transportation" section of GarfieldCleanEnergy.org. Mike worked with RFTA to ensure that 100% of the 5 new park -and -ride lots being TC PACKET 02 -18 -14 145 Mike Ogburn, MSME Energy Engineer, Vehicle & Transportation Efficiency, Active Energy Management built for the transit system will have electrical infrastructure pre - installed to accommodate up to 26 electric vehicle chargers. Western Slope Compressed Natural Gas Collaborative ( WSCNGC), Western Colorado Together with CLEER's Tom Baker, Mike co- founded the WSCNGC. Mike is using his engineering background in alternative fuels to assist this group as it works accelerate the adoption of CNG in the region. WSCNGC coordinates vehicle purchases and infrastructure planning among its members, including government fleets, private fleets, the oil and gas industry, and vehicle service companies. To date, WSCNGC has helped fleet owners to acquire 30 CNG vehicles. With assistance from Mike and other vehicle experts, Roaring Fork Transportation Authority made the decision to fuel it's new Bus Rapid Transit system with natural gas, buying 22 CNG buses, upgrading repair facilities, and building their own CNG fuel station. National Council for Freight Efficiency ( NACFE) Beyond his work with CLEER, Mike served as a founding board member for NACFE, a non -profit working to reduce energy use in freight transportation. As a member of NACFE's technical advisory committee, Mike works with the executive director market analysis and energy efficiency technology adoption in the trucking industry. Mike was on the team of NACFE collaborators who released the first multi -fleet report analyzing state of energy efficiency technology in the industry. The team reviewed 3.1 billion miles and 496 million gallons burned to identify key technologies that delivered a $22,000 per truck savings over 5 years. Additional Background Prior to joining CLEER, Mike's experience includes engineering and consulting positions at the Rocky Mountain Institute, Ford Motor Company, Ballard Fuel Cells, GE Aircraft Engines, and Cummins. During his tenure at the Rocky Mountain Institute, Mike worked with a major automaker on efficient vehicle design and also on a study that demonstrated steps to double the fuel efficiency of over -the -road heavy trucks. At Ford, he worked on the hybrid - electric Escape SUV and on the team of fuel -cell system engineers who created Ford's hydrogen - powered Focus FCV. Mike earned a bachelor's and a master's degree in mechanical engineering from Virginia Tech, with a specialization in hydrogen fuel cell systems for transportation. For three years at Virginia Tech, he led a team of more than 50 engineering students who designed, developed, and drove the world's first fuel cell hybrid five- passenger sedan not built by a major auto company. As part of his research in fuel cells, he worked collaboratively with the National Renewable Energy Laboratory and the U.S. Department of Energy to develop advanced vehicles and vehicle modeling software. page 2 TC PACKET 02 -18 -14 146 Erica Sparhawk Program Manager Commercial and Residential Programs Erica has combined her 12 years of building and non -profit experience to create and manage the Garfield Clean Energy Challenge, a program that helps businesses and households in Garfield County save energy and money. Erica was one of the project managers for Montana's first LEED Platinum building, Northern Plains Resource Council's "Home on the Range." She brings direct field experience from when she was part of framing crew building Energy Star certified homes, standard construction homes, and large commercial buildings. She also has studied and worked in New Zealand, Mexico, Peru and Chile. Education Selected Project Experience • Bachelor of Arts in Political Science, minor Tri-County Main Street Efficiency Initiative Grant and Program (Garfield, in Economics Eagle and Pitkin County) (Colorado State University) Successfully spearheaded and won a $250,000 Main Street Communities Training from Initiative grant from the Colorado Governor's Energy Office for applicants • Study Abroad Universidad del l Mayab, covering a thr including five utilities, Eagle y Ea le Valle Alliance for g three-county re region, g Merida Mexico Sustainability, Community Office for Resource Efficiency, and CLEER. In Certifications implementing and overseeing the grant, the Tri- County region succeeded in 64 • Energy Star Verifier business upgrades, totaling $1.1 in investments made in upgrades by the Certification businesses and bringing $240,000 in annual savings to these business. The • Energy Star program also succeeded in gaining lots of local media attention and raising the Performance Tester community awareness of energy efficiency. Certification looking to expand their efficiency offerings. • HERS (Home Energy Garfield Clean Energy Challenge Rating System) Rater Erica leads the team responsible for developing and launching the Garfield Certification by Resnet Clean Energy Challenge, a commercial and residential audit and retrofit Additional program. She manages all grants that support the Garfield Clean Energy Training from Challenge, including the aforementioned Main Street Communities Initiative Solar Energy Grant, a $545,000 Department of Energy Better Buildings Neighborhood grant, International and two State Supplemental Environmental Program grants totaling $439,000. • Sustainable Home Design Erica has overseen and organized all the trainings for contractors, which have • Strawbale Construction included topics such as, Selling Ecieny, Lighting Workshop and Expo, Ventilation Strategies, HVAC Systems and Bert Practices, and Efficiency for Lodger and Hospitality. • Solar Thermal Installation and Design In addition, Erica provides program services, such as energy coaching, to & Radiant and Solar participating businesses, households, and the contractors in efficiency trades or Heating Systems looking to expand their efficiency offerings. EnergyWise Building Solutions, Billings, MT Founded and operated a successful consulting firm focused on energy efficiency optimization and sustainable design in (residential and commercial) buildings. Worked with builders, completed paperwork, and inspected and tested buildings to achieve EnergyStar and Northwest EnergyStar certifications (over 100 Energy Star certifications). Performed RemRate modeling and consulting for numerous LEED (Leadership in Energy and Environmental Design) for Homes projects. Home on the Range Building Project, Billings, MT Participated in $1.6 million capital campaign to renovate abandoned grocery into Montana's first Platinum - rated building with U.S. Green Building Council's Leadership in Environment and Energy Design program. Served as project manager and researcher whose key responsibilities included design planning, construction oversight, budget oversight, and fundraising. TC PACKET 02 -18 -14 147 Energy and Mechanical Systems Engineer Intern e2 Team Education BSME (Bachelor of Science Mechanical Engineering with Honors), UCD (University of Colorado at Denver), 2007 Registration /Certification Engineer Intern, CO CEM (Certified Energy Manager) CBCP (Certified Building Commissioning Professional) CLEP (Certified Lighting Efficiency Professional) Professional Affiliations AEE, Association of Energy Engineers ASHRAE, American Society of Heating, Refrigeration and Air - Conditioning Engineers ASME, American Society of Mechanical Engineers Pi Tau Sigma: National Honorary Mechanical Engineering Fraternity, Tau Beta Pi: Engineering Honor Society Professional TC PACKET 02 -18 -14 Tony Haschke. El 6 General Background Tony is a mechanical engineer intern, Certified Energy Manager and a Certified Building Commissioning Professional. Since starting with SGM in 2007, he has designed mechanical systems for over 15 buildings, several to LEED 0 standards, audited, commissioned and /or recommissioned over 75 buildings in Western Colorado. He has over 25 years of experience in HVAC maintenance, troubleshooting, and training and has managed projects realizing savings of over $1 million. He has specified sequences for BAS systems and upgrades to assist building managers in achieving high performance standards in new and existing buildings. In addition to his consulting experience Tony serves as the Vice President of the Holy Cross Round Up Foundation, and volunteers at Lift Up in Parachute. Summary of Experience Energy and Mechanical Systems. Tony is an e2 team member with 25 years of HVAC experience focused on integrating clean energy solutions into all project types. Responsible for designing energy efficient mechanical systems to LEED 0 standards, performing energy audits, recommissioning, and commissioning including evaluating and assessing existing equipment conditions, functional testing, documentation review, creating and conducting implementation plans, and developing performance maintenance schedules to ensure equipment operates at its peak performance. Clients include over 20 private sector and 10 municipalities. Recent projects include: Recommissioning Projects • The Ritz Carlton • Dancing BearAspen • Aspen School District • Riverside Professional Building • Town of Parachute Town Hall • Town of Silt Town Hall • Town of New Castle Town Hall and Publics Works Administration Commissioning Projects • Grand River Hospital District • Shea Garfield County Office Building • St. Regis Resort -Aspen Commercial Mechanical Design Projects • Glenwood Springs Ford Remodel • Alpine Bank Downtown Rifle Location • Alpine Bank Ouray Location • Alpine Bank Eagle Location • The Hotel Denver • Aspen Skiing Company (many locations) Residential Mechanical Design Projects • Studio B Architects (2 high end Aspen residences) Prior to SGM Tony was project manager, building engineer, and mechanical equipment installer for various companies for 25 years. Tony oversaw and installed major HVAC projects for boiler based heating systems and chiller based cooling systems. Tony was also a certified pool operator (CPO) for 10 of those years and maintained, rebuilt, and upgraded pool systems for indoor and outdoor pools, spas, man -made streams, and fountains. Tony's main accomplishments were preventative maintenance and boiler controls upgrades for 110 boilers. The project saved over $11M in natural gas savings in a ten year period. S F, F�: .• Tonv Haschke. EI 6 MMMMMMEMMM Project erg Hot Springs and Pool Projects Salida Hot Springs City of Salida, CO. Tony performed heat load calculations for the addition of outdoor 2009-2013 pools, slides, and snowmelt fed from the Salida Hot Spring as well as participating in a multi -firm team on a feasibility study for the Centennial Park Master Plan. Phase III of the feasibility process is currently in progress. Tony conducted an evaluation of how much heating capacity is available from the hot spring as well as an Energy Assessment of the facility Snowmass Club Pools and Snowmass Club I Aspen Skiing Company, Aspen, CO. Tony performed pool heating Spa Heating Renovations calculations to properly size and upgrade an existing failure prone system. These 2009 -2013 pools and spas are not geothermal; however they mimic natural hot spring pools. The use of salts for chlorine generation makes these waters feel like a natural hot spring. SGM provided specifications for two new heating systems using high efficiency boilers, titanium heat exchangers and DDC controls. The installation resulted in faster heat recovery, ease of maintenance, an almost non - existent equipment downtime, and energy savings. Asset Management Snowmass Club I Aspen Skiing Company, Aspen, CO. Tony was retained to 2003 -2013 performed Conditions Assessments and provided Repair and Replacement Schedules for the on mountain buildings including restaurants, repair and snow making facilities, as well as off mountain employee housing facilities. ASC was able to address yearly budgets and set up performance maintenance schedules. SGM is providing us with something previously unavailable: a one stop shop for building energy audits, implementation plans and oversight, and preventative maintenance schedules. It's a great service that has become a key part of our energy and climate work. Auden Schendler Executive Director of Sustainability, ASC Aspen Skiing Company Building Performance Services Energy Assessments Snowmass Club I Aspen Skiing Company, Aspen, CO. Tony was retained to provide 2008 -2013 Energy Assessments of many buildings including lighting, HVAC, and building envelop testing and evaluation. Many areas of improvement were found to save energy, increase comfort, as well as address indoor air quality. HVAC Upgrades Snowmass Club I Aspen Skiing Company, Aspen, CO. Tony was retained to 2008-2013 evaluate HVAC systems and perform HVAC load calculations of many buildings. SGM provided specifications for HVAC upgrades for many facilities. ASC was able to get apples to apples bids and make informed decisions for HVAC upgrades. Many facilities were upgraded to decrease energy use, and improve indoor air quality and comfort. Energy Assessment with Glenwood Hot Springs Pool and Lodge, Glenwood Springs, CO. Tony provided Hot Spring Use an Energy Assessment of both the Lodge and Pool buildings including lighting, HVAC, Assessment and building envelop testing and evaluation. The assessment included an evaluation of 2009 the hot spring and its uses including the pools, spas, and geothermal heating of both buildings. Many areas of improvement were found to save energy and increase the use of the hot spring. TC PACKET 02 -18 -14 149 Tonv Haschke. EI Project ri c Recommissioning Projects Hotel Recommissioning The Ritz Carlton, Vail, CO. Tony is currently performing recommissioning and energy 2012-2013 data management. Tony also performed an energy audit. Energy savings of 18% were presented in the areas of building envelope, HVAC control upgrades, lighting, and preventative maintenance. Feasibility studies were performed for a low temperature hot water loop for space heating, and cold water preheat on the domestic hot water system. Implementation of recommendations is currently in progress. Hotel Recommissioning Dancing Bear, Aspen, CO. Tony is currently performing recommissioning. Energy 2013 savings to be determined will be presented in the areas of building envelope, HVAC control strategies, lighting, and preventative maintenance. Implementation of recommendations will follow the recommissioning process. School Building Aspen School District, Aspen, CO. Tony performed recommissioning and energy data Recommissioning management of the Aspen Middle School and the Aspen High School. Energy savings 2012 of 26% and 32% respectively were presented in the areas of building envelope, HVAC control upgrades, lighting, and preventative maintenance. Tony performed functional testing, document review, and energy data management review. Implementation of recommendations is currently in progress. Professional Building Riverside Professional Building, Glenwood Springs, CO. Tony performed an energy Recommissioning audit and recommissioning of the Riverside Professional Building. Energy savings 2010-2011 of 35% has occurred from changes in the areas of building envelope, HVAC control upgrades and strategies, and preventative maintenance. Tony performed functional testing, document review, modeled the building for control strategies, designed server ventilation systems, and wrote specifications for preventative maintenance and control strategy changes. Town Mall Town of Parachute, CO. Tony performed recommissioning of the Town Hall building as Recommissioning a sub consultant to CLEER. Tony made recommendations in the areas of HVAC control 2011 strategies and preventative maintenance. Tony performed functional testing, and document review. Town Hall Town of Silt, CO. Tony performed recommissioning of the Town Hall building as a sub Recommissioning consultant to CLEER. Tony made recommendations in the areas of HVAC equipment 2011 upgrades, control strategies, and preventative maintenance. Tony performed functional testing, and document review. Town Hall Town of New Castle, CO. Tony performed recommissioning of the Town Hall and Recommissioning Public Works buildings as a sub consultant to CLEER. Tony made recommendations in 2011 the areas of HVAC equipment upgrades, control strategies, and preventative maintenance. Tony performed functional testing, and document review. Commissioning Projects Commissioning Grand River Hospital District, Battlement Mesa, CO. Tony is currently acting as a 2013 third party commissioning agent on the design and construction of the Battlement Mesa Office building. Tony made suggestions for a more efficient design. During construction Tony will monitor the installation, the testing and balancing, and perform the functional testing of the HVAC equipment, BAS system, lighting and lighting controls. Tony verified for the owner that the systems were installed as designed. TC PACKET 02 -18 -14 150 Tonv Haschke. EI MMMMMMMMM Automobile Dealership Glenwood Springs Ford, Glenwood Springs, CO. Tony is currently involved with the Remodel remodel of the dealership as project manager for overseeing the mechanical, electrical, 2013 plumbing, civil, and structural engineering design. Tony designed the mechanical systems to 2009 IEEC and 2009 IBC, IMC, IEC codes as well as LEED ® standards. The construction documents are currently being reviewed by the City. Tony will monitor construction and commission the installation. Bank Buildings Alpine Bank, Rifle, CO. Tony designed energy efficient HVAC systems for the Rifle 2011 Downtown Location. This older building is actually three buildings combined with many additions over the years. The challenge was to replace older systems with a new system to address the changes in building use, occupant comfort, and indoor air quality. Accurate building loads for heating, cooling and ventilation from the model were used to size and specify the equipment. Tony designed the mechanical systems to LEED ® standards. Tony monitored construction and commissioned the installation of HVAC equipment and controls. Energy savings of 25% in natural gas use and 35% in electricity use have been realized with improved comfort and indoor air quality. Bank Building Alpine Bank, Ouray, CO. Tony designed energy efficient HVAC systems for the Ouray 2010 Location utilizing models based on weather pattern simulation. Accurate building loads for heating, cooling and ventilation from the model were used to size and specify the equipment. The HVAC system specified included boiler replacement (fully condensing and modulating 96 %AFLIE rated boilers) with conversion from propane to natural gas. Tony designed the mechanical systems to LEED ® standards. Hotel Building Hotel Denver, Glenwood Springs, CO. Tony met with John Diemoz of Diemoz 2010 Construction to review and design the remodel of the third floor from office space to convention rooms. Convention rooms require more ventilation due to higher occupancy. Tony designed mechanical and plumbing systems for the remodel to LEED ® standards. The high ventilation loads required rooftop units with staged cooling and heating. The fan for the rooftop unit was specified as variable volume with CO2 sensors to limit its energy use, thus limiting the conditioning of outside air to the space. Bank Building Alpine Bank, Eagle, CO. Tony designed energy efficient HVAC systems for the Eagle 2009 Location utilizing models based on weather pattern simulation. Accurate building loads for heating, cooling and ventilation from the model were used to size and specify the equipment. The HVAC system specified included 2 high efficiency roof top units. Tony designed the mechanical systems to LEED ® standards. TC PACKET 02 -18 -14 151 Ton Haschke I 6 Project Experience . Professional Building Aspen Skiing Company, Aspen, CO. Tony designed energy efficient HVAC systems 2008 for The Aspen Skiing Company's Airport Business Center utilizing models based on weather pattern simulation. Accurate building loads for heating, cooling and ventilation from the model were used to size and specify the equipment. Tony designed the mechanical systems to LEED ® standards. Energy use declined by 15% while increasing comfort and indoor air quality. TC PACKET 02 -18 -14 152 Letters of Intent TC PACKET 02 -18 -14 153 Engineering Economics, Inc. 780 Simms Street, Suite 210 Golden, Colorado 80401 telephone: 303.239.8700 facsimile: 303.239.9982 August 22, 2013 Dan Richardson, CEM, Senior Consultant SGM 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 Re: Snowmass Village Energy Efficiency and Renewable Energy Projects Letter of Commitment EEI Proposal No.: 01- 133389 Dear Dan: Thank you for your invitation to join the SGM team on the Request for Proposal response for Energy Efficiency and Renewable Energy Projects for Snowmass Village. Please note we fully intend to participate with you in support of this project, if the SGM team is selected. We look forward to a continued partnership. Sincerely, Engineering Economics, Inc. Jarrell D. Wenger, PE, LEED AP Principal -in- Charge Engineering Economics, Inc. TC PACKET 02 -18 -14 154 September 4, 2012 SGM 118 W. Sixth St, Suite 200 Glenwood Springs, CO 81601 Dear Dan, We, CLEER, are willingly participating as a member of the SGM team in response to the Town of Snowmass Village RFP for Efficiency and Renewable Energy Projects. Sincerely, &4� Erica Sparhawk Director of Programs and Services Clean Energy Economy for the Region I P.O. Box 428 1 Carbondale, Colorado 81623 (970) 704 -9200 1 www.CleanEnergyEconomy.net TC PACKET 02 -18 -14 155 HVAC Technical Services, INC 4208 County Road 100 Carbondale, CO 81623 970 - 963 -1525 SGM: Dan Richardson, Dear Dan, Thank you for asking HVAC Technical Services, INC to participate in the Energy Efficiency and Renewable Energy Projects for the Town of Snowmass Village. HVAC Technical Services, INC will provide all assistance necessary if SGM is awarded the project. Sincerely, HVAC Technical Services, INC Jerod Samuelson President TC PACKET 02 -18 -14 156 SGM We provide innovative, practical solutions to make our clients successful while ensuring the health, safety and welfare of our neighbors. We develop and maintain lasting client relationships and are committed to our local communities. GLENWOOD SPRINGS 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945. 1004 970.945.5948 fox TC PACKET 02-18-14 157 Town of Snowmass Village Energy Efficiency and Renewable Enerc Project �,cope of Work and Fee Proposa"I In order to specifically articulate how we will implement our approach, we offer the following Scope of Work and Fee Proposal. Phase I — Set the Stage Phase I Fee Total: $4,800 1. Host kick -off meeting to confirm Year 1 savings goals and schedule. Task 1 1 Fees: $2,100 2. Establish energy baseline in Portfolio Manager for primary facilities. Primary facilities include Town Hall, Recreation Center, Public Works A/B Building, Top of Village snowmelt, Lot 2 snowmelt, Base Village snowmelt, and Parcel C snowmelt. Task 12 Fees: $2,700 Phase II —Achieve quick -win savings Phase II Fee Total: $101,000 3. Install and set -up Colorado Energy Navigator energy monitoring equipment (1 electric account and 1 natural gas account) at primary facilities. This fee includes $7,400 per building for Town Hall, Recreation Center and Public Works A/B for equipment and set -up that will be able to push energy data to Automated Logic via BACnet, but will require BACnet programming at each building. It also includes $5,900 for equipment and set -up for each of the 4 primary snowmelt systems. It is expected that some programming of controls at the 3 buildings, as well as control upgrades will be necessary for at least some of the snowmelt systems in order for the systems to be optimized. Control programming and/or upgrade costs for a controls contractor are excluded from this proposal. Task II 3 Fees: $45,800 4. Integrate real -time energy monitoring data into applicable BAS systems. Task II 4 Fees: $3,500 5. Specify / commission (2) upgraded snowmelt control systems and to specify / commission enhanced snowmelt control strategies for all 4 snowmelt systems. This task was not included in the original proposal. Upgrading controls is a highly likely recommendation and therefore we have included our soft costs for the project here. Control programming and /or upgrade costs for a controls contractor are excluded from this proposal. Task II 5 Fees: $5,500 6. Perform MBCx on primary facilities. Task II 6 Fees: $31,500 7. Create implementation plan and schedule which includes a summary of findings, a summary of recommended projects /policies /actions, simple payback analysis for applicable projects, and a recommended schedule. Task II 7 Fees: $4,700 8. Train Nick's staff in MBCx such as energy monitoring, advanced control strategies, understanding faults and proper responses, as well as other topics; and create a systems manual for each facility to facilitate future training. Please note that creation of a systems manual assumes that necessary information is readily available, including plans, control drawings, control sequences, and O &M manuals. We propose an allowance for the training task so that it can be customized for ToSV staff as they wish. Task II 8 allowance: $10,000 6SGM TC PACKET 02 -18 -14 158 Town of Snowmass Village Enemy Efficiency and Renewable Energy Project Phase III: Implement PV and Efficiency Projects It was requested that this phase be omitted. Please note that our team is available to perform detailed technical reviews of proposed renewable energy and /or energy efficiency projects and provide Cx services to verify quality installation and intended performance. We recommend at least a preliminary review before projects are accepted to confirm the technology, size, location, operations, etc. are optimized for the specific location. Phase IV: Public Education and Staff Training Phase IV Fee Total: $6,600 9. Provide support documentation for ToSV staff and CORE for community meetings. We propose an allowance for providing support documentation until we know more specifically what documentation will be required. Task IV 9 allowance: $2,000 10. Install public kiosks (four at locations decided by the Town and CORE) customized to inform user of Town's energy use and energy- saving efforts, local energy saving programs, etc. We propose an allowance for kiosks until we have firm direction on type, quantity and location. We believe this to be a reasonable allowance for 2 wall- mounted or desktop touch screen kiosks. Task IV 10 allowance: $3,000 11. Develop 2 -3 case studies on specific projects and energy savings for the ToSV staff to use as they see fit. Phases 1, II & IV Fee Total: Phase V: Ongoing Costs Task IV 11 Fees: $1,600 $112,400 Phase V Fees: see below 1. Colorado Energy Navigator and Live Data Maintenance fees; monthly utility bill entry for primary facilities. Task V1 Fees: $950 per year 2. Monthly utility bill entry into Portfolio Manager for all other (non - primary) ToSV accounts (based on the accounts being tracked in the July version of the Energy Tracker sent by Nick Reitter on 7/29/13) for 3 months. Costs to enter the data into Portfolio Manager can only be estimated at this time until format of data from ToSV utilities can be confirmed. SGM commits to entering bills for 3 months at this cost. At the end of three months, we will re- evaluate our fee structure and adjust accordingly with mutual consent from ToSV. It is our expectation that costs will decrease after the initial 3 month trial period. Task V2 Fees: $750 for 3 mo �SGM TC PACKET 02 -18 -14 159 p12 TO: SNOWMASS VILLAGE TOWN COUNCIL J1 A .• MEETING DATE: February 18, 2014 *Response requested CommunitV Development Director Search We are interviewing six finalists for the position later this week. The process will include a tour of the Town, an interview with a staff panel, and an interview with a community panel. We hope to have a decision by middle of next week. *Strategic Planning Session As mentioned at our last meeting, I am asking Council to set a date for a strategic planning session. Last year, Town Council participated in a process to develop a Strategic Plan. Although many components of that plan are well thought out, I believe Council needs to revisit the existing plan and further specify goals for 2014 and the 2015 budget year. Having a clear set of community -based policy goals and actions necessary to achieve these goals will greatly benefit the Council, the staff, and the community in moving forward in a productive and efficient manner. Please consider the dates listed below to spend some time as a group to review the current plan and set goals for the forthcoming year. If you would like this session facilitated by an outside facilitator, please advise and I can get one lined up. It is imperative all Council members attend, so please let me know what date and time works best for all of you. This session will require a 4 -6 hour time commitment. Feb 26, Wednesday Feb 27, Thursday March 5, Wednesday March 10, Wednesday March 12, Monday *EntrVwaV Planning Town Council requested staff bring the entryway planning process back to you in February. Council received an update on Entryway Planning from Hunt Walker and Andy Worline in April, 2013 (sent under separate cover). This discussion included a plan for community outreach intended to revisit the proposed uses /facilities that had been a part of past planning efforts, as well as prioritize uses as we try to gain a better understanding of the spatial constraints of the site. The 2013 Community Survey has since been conducted, TC PACKET 02 -18 -14 160 Manager's Report Page 2 and has also provided us with a greater understanding of how some of the proposed uses stack up. In addition to the Community Survey, there have been other developments that impact planning efforts at the entryway, namely the recent acquisition of Seven Star (and the resulting lift of the deed restriction on the visitor's center site). This acquisition adds more land into the picture, thus changing the assumptions about some of the site's spatial constraints. Staff would like to include these new inputs into revised concepts for the entryway site. Once we have updated the renderings, we would like to schedule a meeting with Council, followed by a community open -house and workshop to discuss the merits and drawbacks of the proposed options, including proposals from other organized groups. This effort would then move us further toward a final concept that can launch us into a discussion about appropriate funding mechanisms and possible capital campaigns. Before proceeding, however, we would like an affirmation that this project fits with Council's overall goals and expectations, as it will consume considerable staff time and resources. As an alternative, Council could discuss this matter in the context of an overall plan, at the upcoming strategic planning session. Please let me know your thoughts. Event Notices Since the last Council meeting, three temporary use permits have been approved for upcoming. Applications materials for the below events can be accessed on the Town's website at http : / /www.tosv.com /index.aspx ?nid =130. - Mardi Gras Celebration, Snowmass Tourism: March 4, 2014 - Mardi Gras Fireworks Display, Western Enterprises: March 4, 2014 - Bud Light Hi -Fi Concert Series and Nastar National Championship Ceremony, Aspen Skiing Company: February 15, and March 27 -29, 2014 *Response Requested 2.12.14 TC PACKET 02 -18 -14 161 ADMINISTRATIVE TEMPORARY USE PERMIT SNOWMASS TOURISM, Applicant, is hereby granted a Temporary Use Permit for a Special Event being held at the SNOWMASS VILLAGE MALL (see attached Event Site Map) from 2:00 PM -7:00 PM, as the following activity: FAT TUESDAY MARDI GRAS CELEBRATION MARCH 4, 2014 Applicant has complied with the requirements and procedures as specified in Section 16A -5 -260 of the Town of Snowmass Village Municipal Code ( "Municipal Code "). This administrative approval is for the period stated above and it is subject to the Conditions, Application /Operations Plan and Map attached hereto. Town of Snowmass Village Community Development Department Mark A. Kittle Acting Community Development Director Town Council via Town Manager Town Attorney Town Clerk Snowmass Tourism Police Department Snowmass - Wildcat Fire Protection District Public Works Department Roads Department Transportation Department Solid Waste /Recycle Department TC PACKET 02 -18 -14 162 I Ii -, •- • JIFANDIffeli -A r •, MARCH 4, 2014 A. Contacts, Location, Activities and Hours of Operation 1. Overall responsibility for this 1 -day event is the Snowmass Tourism Office. Persons -in- charge of this event are: ® Dave Elkan, Snowmass Tourism (Office: 922 -2299; Cell: 303 - 522 -0302) 2. This Celebration is centered on traditional New Orleans merry- making and carnival festivities. Entertainment includes a Mardi Gras parade, bead throw -off and children's clown and face - painting (see Attachment 1- Application /Operations Plan). The event will also include a New Orleans style band playing on a covered stage from 5:00pm to 7:00pm located in Base Village on the southeast side of the plaza (see Exhibit B- Layout for Concert). 3. The 2014 Mardi Gras Celebration takes place on the Snowmass Village Mall and on the southeast side of the Base Village Plaza (see Exhibit A -Event Site Map and Exhibit B- Layout for Concert). Attendance is estimated to be 1,500 persons. 4. Hours of operation are 2:00 PM to 7:00 PM on Tuesday, February 12. The staging area for the parade floats is in the Transportation Garage on Daly Lane. Set -up for the event may begin on Monday, February 11 at 8:00 AM. B. Authorization 1. The use of any privately owned property, including the location of any vehicles, equipment or materials within said property, is not authorized without the express written approval of the landowner. A copy of said approval shall be forwarded to the Town Planning Department prior to the commencement of this event. 2. No penetrations of concrete or other surfaces within the subject properties shall occur without the express authority of the landowner(s) and Town Manager. All vehicles shall only park in authorized public parking areas, except those clearly needed by the Applicant and others on a continual basis during the event. Any trucks, vans, trailers or other vehicles are not permitted to park, load or unload within the Daly Lane cul -de -sac or area between the Timbermill and Mountain Chalet buildings (fire lane). Any individual, group or organization that fails to properly supervise and ensure that vehicles park only in authorized areas may be restricted from future use of the facility or permit area. C. General Conditions 1. Applicant is responsible for full and complete compliance with all applicable Federal, State and Local laws and regulations in the production and management of this special event. 2. Applicant shall adequately supervise all aspects of the event to ensure conformance with the terms and conditions of this permit. 2014 Mardi Gras Celebration- Temporary Use Permit Page 2 of 5 TC PACKET 02 -18 -14 163 3. Applicant shall promptly notify the Town Planning Department (923 -5524) of any additions, modifications or amendments to this permit or proposed use of the subject property. Any such changes shall not be in conflict with the findings and review standards relative to this permit and are not permitted without written approval of the landowner(s) and Town Manager or designees. 4. Applicant will coordinate with the property owners and Town regarding the scheduling of activities, set up, take -down and any required maintenance or repair. 5. The event shall not generate debris, excessive noise, smoke, odors, traffic or congestion that will unreasonably affect the Mall operations, lodging or surrounding private property. 6. In the event the Applicant or Town receive any complaints concerning this temporary use, Applicant shall exhibit due diligence in attempting to resolve the problem. Failure by the Applicant to demonstrate that reasonable efforts were made to resolve a significant majority of complaints received shall be cause for revocation or modification of this permit as determined by the Town Manager. 7. Violation of any term or condition of this permit by the Applicant, its agents or employees shall subject the permittee to the penalties set forth in Section 1 -72 of the Municipal Code. In addition, where probable cause exists to suspect that a violation of any term or condition of a temporary use permit will pose a threat to public health, safety or welfare, the Chief of Police is hereby authorized to revoke a temporary use permit and to require that any activity authorized thereby cease and desist immediately. D. Police and Fire Department 1. All requirements of the Town Police Chief (923 -5330) and Snowmass - Wildcat Fire District Chief (923 -2212) or designees, whether imposed prior to or during this event, must be satisfied and shall be considered conditions of this permit. 2. Applicant shall make appropriate security /traffic control arrangements and coordinate in advance with the Town Police Chief. The Town is not responsible for providing extra security or traffic control for this special event. 3. No chairs, tables, benches, platforms, booths, tents, canopies, vehicles, equipment or other material of any kind shall be permitted within established fire lanes (24' -0" minimum width and 13' -6" minimum height clearance) without express authorization of the Snowmass- Wildcat Fire Chief or designee, who must approve all structure locations prior to the commencement of any event. E. Security, Medical and Emergency Services 1. Applicant is responsible for providing adequate crowd control along the parade route; maintaining clearance for parade participants; controlling access to the grandstand; and maintaining clearance at key stairwells in case of emergency. 2. Medical and /or emergency services shall be activated by dialing 911. 2014 Mardi Gras Celebration- Temporary Use Permit TC PACKET 02 -18 -14 164 Page 3 of 5 F. Parking, Transportation and Signage 1. Free public parking is provided, depending upon availability, at the Town Park and Highway 82 Intercept Lots; paid and /or permit parking may be available in the Base Village garage and Numbered Village Lots; after 1:00 PM, additional free parking is permitted in the Numbered Lots. 2. Applicant shall contact Town Transportation Department (923 -2543) in advance about the need for additional shuttle service to ensure there is adequate egress capacity from the event. 3. RFTA bus and TOSV shuttle service will also be operating on their regular routes/ schedules. RFTA service between Aspen and Snowmass is free with fare service available to down - valley locations. TOSV shuttles operate in town free of charge. 4. Prior to the event, Applicant shall contact and coordinate with Town Police (923- 5330) if Variable Message Signs (VMS) are to be used; and Roads Department (923 -5110) concerning any barricades and /or temporary directional signage to ensure it meets Town standards, that it is properly located and then promptly removed after the event. 5. Egress from the event shall be coordinated among Event Staff, Town Police, Town Transportation and RFTA. G. Public Health and Safety 1. Public restrooms should be open and available within the Snowmass Mall area; no additional port -o- potties are being provided at this special event. 2. Applicant should contact and coordinate in advance with the Town Solid Waste & Recycle Department (923- 5110). Trash and recycling receptacles are to be located throughout the Snowmass Mall. 3. Any cables, wires, equipment and material shall be covered, concealed, secured and /or located in such a manner that event participants will not be placed at risk and the general public's health, safety or welfare will not be adversely affected. H. Liquor Control 1. There is no special event alcohol license issued for this particular event. I. Clean Up and Maintenance 1. At the conclusion of the event, all affected areas shall be cleaned /restored to pre - event conditions by the Applicant. Applicant's clean -up crew shall also perform a final sweep of the Snowmass Mall area and Numbered Village parking lots the following morning, on Wednesday, February 13. 2. Any damaged sprinklers, landscaping or other material shall be repaired or replaced at the event organizer and /or Applicant's expense, to the satisfaction of the land or property owner, within fourteen (14) days after the event unless other arrangements are made. Town property shall be repaired or replaced to the satisfaction of the Town Manager. 2014 Mardi Gras Celebration- Temporary Use Permit TC PACKET 02 -18 -14 165 Page 4 of 5 J. Insurance and Liability 1. At all times during the term of this permit the Applicant shall maintain in full force and effect a comprehensive public liability insurance policy. The amount of insurance and extent of coverage shall be established by the property owners whose land is being used for the events. If at any time during the term of this permit the Applicant's insurance coverage shall lapse, be canceled or suspended, this permit shall automatically terminate and the Applicant shall cease operations hereunder. 2. Violation of any term or condition of this permit by representative, its agents or employees shall subject the permitee to the penalties set forth in Section 1 -72 of the Municipal Code. In addition, where probable cause exists to suspect that a violation of any term or condition of a temporary use permit will pose a threat to public health, safety or welfare, the Chief of Policies is hereby authorized to revoke a temporary use permit and to require that any activity authorized thereby cease and desist immediately. Attachments: 1- Application 2- Operations Plan Exhibit: A -Event Site Map B- Layout for Concert 2014 Mardi Gras Celebration- Temporary Use Permit TC PACKET 02 -18 -14 166 Page 5 of 5 ADMINISTRATIVE TEMPORARY USE PERMIT WESTERN ENTERPRISES, Applicant, is hereby granted a Temporary Use Permit (TUP) for a Special Event being held on the FANNY HILL SKI SLOPE (see attached map) as the following activity: MARDI GRAS FIREWORKS DISPLAY TUESDAY, MARCH 4, 2014 1 6:30PM — 6:45PM Applicant has complied with the procedures as specified in Section 16A -5 -260 of the Town of Snowmass Village Municipal Code ( "Municipal Code "). This administrative approval is for the period stated above and is subject to the Conditions and Map attached hereto. Town of Snowmass Village Community Development Department Mark A. Kittle, Acting Community Development Director CC: Town Council via Town Manager Town Attorney Town Clerk Snowmass Tourism Police Department Snowmass/Wildcat Fire Protection District Transportation Department Public Works Department Roads Department Solid Waste /Recycle Department TC PACKET 02 -18 -14 167 1` 1 • 1 • • milirliz4ol C1 • A. Contacts, Location, Attendance and Hours of Operation 1. Overall responsibility for this event is Western Enterprises. Contact persons are: Ken Josslyn (Phone: 970 - 948 -8699) James Burnett (Phone: 800 - 375 -2204) 2. The fireworks launch site is within the Snowmass Ski Area above Fanny Hill near the Water Treatment Building and adjacent to the Coney Glade base lift terminal (see Exhibit A -Site Map). 3. The fireworks display is scheduled to last from approximately 15 minutes; from 6:30 PM to 6:45 PM on Tuesday, March 4, 2014. 4. The event is free and open to the public. B. Authorization 1. The use of any privately owned property, including the location of any vehicles, equipment or materials within said property, is not authorized without the express written approval of the landowner. 2. The applicant shall obtain authorization from the Snowmass - Wildcat Fire Protection District (SWFPD) regarding compliance with the International Fire Codes and all other safety rules that apply to the operation and launching of the fireworks. 3. Applicant shall file $500.00 application fee with the Town of Snowmass Village prior to commencement of event, unless waived. C. General Conditions 1. Applicant is responsible for full and complete compliance with all applicable Federal, State and Local laws and regulations in the production and management of this special event. 2. Applicant shall adequately supervise all aspects of the event to ensure conformance with the terms and conditions of this permit. 3. Applicant shall promptly notify the Town Planning Department (923 -5524) of any additions, modifications or amendments to this permit or proposed use of the subject property. Any such changes shall not be in conflict with the findings and review standards relative to this permit and are not permitted without written approval of the landowner(s) and Town Manager or designees. 4. Certain refinements, modifications or amendments to the permit may be necessary at the request of the Applicant, Town or in response to any impacts, complaints or concerns that were not apparent at the time this application was made. The Town Manager or designee may authorize any such changes, provided they are not in conflict with the findings and review standards relative to this administrative Temporary Use Permit. I " " "--': Gras Fireworks Display- Temporary l'-- ^- - --it TC PACKET 02 -18 -14 Im Page 2 of 5 5. Applicant shall adequately inform the surrounding property owners at least forty - eight (48) hours prior to any event that requires outdoor sound amplification or activities that may prove to be disruptive in nature. 6. The event shall not generate debris, excessive noise, smoke, odors, traffic or congestion greater than is customarily associated with a fireworks display; it shall not unreasonably affect neighboring residences or surrounding property. 7. All affected areas shall be restored to their pre -event condition promptly at the conclusion of the event. Any damage shall be repaired or replaced at the Applicant's expense, to the satisfaction of the land or property owner, within fourteen (14) days of the event unless other arrangements are made. 8. Violation of any term or condition of this permit by the Applicant, its agents or employees shall subject the permittee to the penalties set forth in Section 1 -72 of the Municipal Code. In addition, where probable cause exists to suspect that a violation of any term or condition of a temporary use permit will pose a threat to public health, safety or welfare, the Chief of Police is hereby authorized to revoke a temporary use permit and to require that any activity authorized thereby cease and desist immediately. D. Police and Fire Departments 1. All requirements of the Snowmass - Wildcat Fire Protection District Chief (923 -2212) and Town Police Chief (923 -5330) or designees, whether imposed prior to or during this special event, must be satisfied and shall be considered conditions of this permit. 2. No chairs, tables, benches, platforms, booths, tents, canopies, vehicles, equipment or other material of any kind shall be permitted within established fire lanes (24 -foot minimum width and 13' -6" minimum height clearance) without express authorization of the Snowmass - Wildcat Fire Chief or designee, who must approve all structure locations prior to the commencement of any event. E. Event Security 1. No private security personnel are being provided for this event. However, it is important that the perimeter of the launch site is fenced or patrolled to keep persons, children, pets, etc. away from the fireworks. 2. Town Police, depending upon availability and circumstances, may be able to assist with security and /or traffic control. F. Transportation, Parking and Signage 1. Regular routes /schedules for the Town shuttles and RFTA buses should be adequate to accommodate persons within and outside the Village attending the fireworks display; no additional service is being provided. 2. Free public parking, depending upon availability, may occur in the Village Numbered lots, Base Village garage and Town Park lot. 3. No parking or idling of vehicles is permitted on the shoulders of Wood Road, Brush Creek Road and Carriage Way or along any other roadways within Town. Illegally parked, unattended vehicles will be subject to ticketing and /or towing. 7AA A 11.._.,: ,ras Fireworks Display- Temporary l'-- ^----it TC PACKET 02 -18 -14 169 Page 3 of 5 4. Applicant shall contact the Police Department (923 -5330) with sufficient notice if any Variable Message Signs (VMS) are to be used. If there is to be any temporary directional signage, Applicant shall contact the Road Department (923 -5110) with adequate notice to ensure the signs meet Town standards, are properly located and that they will be promptly removed after the event. G. Fireworks Display and Amplified Music 1. Only licensed pyrotechnic personnel, under the direction of the Snowmass - Wildcat Fire Protection District, are permitted to handle, launch or discharge the fireworks. Western Enterprises (Ken Josslyn, Phone: 970 - 948 -8699) is contracted to produce this display. 2. No storage of fireworks shall occur within the Town. 3. Any amplified music shall be directed down the ski slope towards Base Village and not oriented towards adjacent condominium and single - family properties. H. Public Health and Safety 1. Medical and /or emergency services, if needed, will be activated by dialing 911. 2. Public restrooms should be open and available within the Snowmass Mall and Base Village. No additional port -o- potties are being provided at this event. 3. All cables, wires, equipment and material shall be covered, concealed, secured and /or located in such a manner that event participants and spectators will not be placed at risk and the general public's health, safety or welfare will not be adversely affected. I. Liquor Control 1. Alcohol shall only be served to and consumed by persons 21 and over within licensed premises; no Special Event Liquor permit has been issued for this event. 2. No alcohol is allowed to be brought and consumed by attendees within the Snowmass Mall /event area. J. Clean up and Maintenance 1. All trash shall be removed at the regularly scheduled times to the appropriate location(s). All affected areas shall be cleaned and restored to their pre -event condition. K. Insurance and Liability 1. At all times during the term of this permit, Applicant shall maintain in full force and effect a comprehensive public liability insurance policy. If at any time during the term of this permit Applicant's insurance coverage shall lapse, be canceled or suspended, this permit shall automatically terminate and Applicant shall cease operations hereunder. 2. Applicant agrees to indemnify and hold the Town of Snowmass Village harmless from all cost, loss, damage, expenses (including attorney and expert fees) and claim of liability of any and every kind (collectively "Claims ") that may arise as a direct result of activities that the Applicant is engaged or over which Applicant has control with respect to the use of the above described property pursuant to this ^"" "" Gras Fireworks Display- Temporary t' -- ^- --iit TC PACKET 02 -18 -14 170 Page 4 of 5 permit. The foregoing shall obligate Applicant to defend any claims, suits or other proceedings naming the Town of Snowmass Village as a defendant on any claim that may arise as a result of the use of the above described property pursuant to this permit or the activities authorized under this permit. A copy of the Indemnification Agreement is on -file at the Town Planning Department. 3. Attorney Fees. In the event litigation is necessary to enforce the rights of the Town under this Agreement, the Town shall be entitled to reimbursements of its reasonable attorney fees and costs of suit, actually incurred in the litigation, as part of its judgment or award. Attachments: 1- Application /Ops Plan and Site Map 2- Indemnification 3- Certificate of Liability Insurance 4- Current Display Operator of Fireworks License /Certification TC PACKET 02 -18 -14 Gras Fireworks Display- Temporary l'-- - --it 171 Page 5 of 5 ADMINISTRATIVE SHORT TERM EVENT APPLICATION "STEA" PERMIT ASPEN SKIING COMPANY, Applicant, is hereby granted an Administrative Short Term Event Application (STEA) Permit for two (2) outdoor concerts and an awards ceremony being held at the BASE VILLAGE PLAZA and FANNY HILL SKI SLOPE (see attached map) as the following special event: Applicant has complied with the procedures as specified in the Base Village Final PUD Guide approved as Town Council Ordinance No. 21, Series of 2004 and Section 16A -5- 260 of the Snowmass Village Municipal Code ( "Municipal Code "). This approval is for the period stated above and it is subject to the Conditions, Application/ Operations Plan and Event Site Map attached hereto. Town of Snowmass Village Community Development Dept. Mark A. Kittle, Acting Community Development Director CC: Town Council via Town Manager Town Attorney Town Clerk Snowmass Tourism Police Department Snowmass - Wildcat Fire Protection District Transportation Department Public Works Department Road Department Solid Waste /Recycle Department TC PACKET 02 -18 -14 172 CONDITIONS OF "STEA" PERMIT ISSUANCE BUD LIGHT HI -FI CONCERT SERIES -2014 A. Contacts, Location, Attendance and Hours of Operation 1 Overall responsibility for this event series is the Aspen Skiing Company (ASC). Persons - in- charge for these concerts are: • Deric Gunshor, ASC (Office: 970 - 300 -7036) • Justin Erickson, ASC (Office: 970 - 300 -7031) Included as Attachment 9 -STEA Application /Operations Plan. 2 A temporary 20'x 30' stage will be located on the Fanny Hill ski slope; it will be oriented towards the Base Village plaza (see Exhibit A -Event Site Map). Set -up may occur after the ski area closes on Friday, February 14, 2014 and Wednesday, March 26, 2014. 3 The first (1S) of the two (2) outdoor concerts will be held on Saturday, February 15, 2014. This concert will begin at 2:00 PM and end by 6:00 PM. Breakdown will occur after the concert, and shall be completed by 8:00 PM. 4 The second (2 "d) of the two (2) outdoor concerts will be held on Saturday, March 29, 2014. This concert will begin at 3:00 PM and end by 7:00 PM. Breakdown will occur after this concert on Saturday, March 29, 2014. 5 This event will feature entertainment and programming, including live music, on Thursday, March 27, 2014 and Friday, March 28, 2014 on the same stage as the Bud Lite Hi -Fi Series' concerts. The NASTAR National Championships awards ceremony will occur on Friday, March 28, 2014. Breakdown will occur after the event and shall be completed by no later than 11:00 PM. 6 Attendance is estimated to be approximately 1,000 persons each day. The concerts and awards ceremony are free and open to the public. B. Authorization 1 The use of any privately owned property, including the location of any vehicles, equipment or materials within said property, is not authorized without the express written approval of the landowner. 2 Applicant shall coordinate with the property owners and Town regarding the event scheduling, set up, take -down and any required maintenance and /or repair. 3 Town or its designee (Police and Fire Departments) can inspect the venue area before, during or after the concert to confirm that all conditions of this permit are being met. 4 No penetrations of concrete or other surfaces within the subject properties shall occur without the express authority of the landowner(s) and Town Manager or designee. 5 No electrical or other utility connections may be made to existing facilities nor shall construction activities occur, without obtaining necessary permits or approval from the Town Building Department (923- 5524). ' ° -, Concert Series STEA Permit -2014 TC PACKET 02 -18 -14 173 Page 2 of 5 C. General Conditions 1 Applicant is responsible for full and complete compliance with all applicable Federal, State and Local laws and regulations in the production and management of this special event series. Concerning smoking in public places, refer to Town Ordinance No. 07 -19. 2 Applicant shall adequately supervise all aspects of each concert event to ensure conformance with the terms and conditions of this permit. Applicant shall promptly notify the Town Planning Department (923 -5524) of any additions, modifications or amendments to this permit or proposed use of the subject property. Any such changes shall not be in conflict with the findings and review standards relative to this permit and are not permitted without written approval of the landowner(s) and Town Manager or designees. 4 Certain refinements, modifications or amendments to the permit may be necessary at the request of the Applicant, Town or in response to impacts, complaints or concerns that were not apparent at the time this application was made. The Town Manager or designee may authorize any such changes, provided they are not in conflict with the findings and review standards relative to this administrative Short Term Event Application (STEA) permit. 5 Applicant shall adequately inform the surrounding property owners at least forty -eight (48) hours prior to any event that requires outdoor sound amplification or activities that may prove to be disruptive in nature. 6 Each event shall not generate debris, excessive noise, traffic or congestion greater than is customarily associated with an outdoor concert and it shall not unreasonably affect neighboring residences or surrounding property. 7 Violation of any term or condition of this permit by the Applicant, its agents or employees shall subject the permittee to the penalties set forth in Section 1 -72 of the Municipal Code. In addition, where probable cause exists to suspect that a violation of any term or condition of a temporary use permit will pose a threat to public health, safety or welfare, the Chief of Police is hereby authorized to revoke a temporary use permit and to require that any activity authorized thereby cease and desist immediately. D. Police and Fire Departments 1 All requirements of the Town Police Chief (923 -5330) and Snowmass - Wildcat Fire District Chief (923 -2212) or designees, whether imposed prior to or during this event, must be satisfied and shall be considered conditions of this permit. 2 No chairs, tables, benches, platforms, booths, tents, canopies, vehicles, equipment or other material of any kind shall be permitted within established fire lanes (24 -foot minimum width; 13' -6" minimum height clearance) without express authorization of the Snowmass - Wildcat Fire Chief or designee, who must approve all structure locations prior to the commencement of any event. E. Event Security and Traffic Control 1 Applicant shall to provide adequate private security at each concert. 2 Applicant shall contact and coordinate in advance all security arrangements with the Town Police Chief. The Town is not responsible for providing security or traffic control at either of these concerts. 0­4 ' ; -" U; a' Concert Series STEA Permit -2014 TC PACKET 02 -18 -14 174 Page 3 of 5 F. Transportation, Parking and Signage 1 RFTA bus and TOSV shuttle service are available at both, Base Village garage and Snowmass Mail, transit station locations. RFTA bus and TOSV shuttle service will be operating on their regular routes /schedules. RFTA service between Aspen and Snowmass is free and TOSV shuttles also operate at no charge. In advance of each concert, Applicant shall contact the Town Transportation Department (923 -2543) to determine if additional shuttle service is needed for the talent booked to ensure adequate "in- town" egress capacity after the show. 3 The Sky Cab ( "Skittles" Lift) shall operate under normal posted hours throughout during the special event between Base Village and Snowmass Village Mall. 4 Free public parking may be available at the Town Park, Rodeo and Highway 82 Intercept Lots. Paid and /or permit parking, depending upon availability, may occur in the Base Village garage, Lot C and Numbered Village Lots. After 1:00 PM, additional free parking is permitted in the Numbered Village Lots. 5 No parking shall occur on the shoulders of Wood Road and Lower Carriage Way adjacent to the event site or along any roadways within the Town. Illegally parked vehicles may be subject to ticketing and /or towing. 6 Absolutely No parking shall be permitted within any fire lanes during this special event. Egress from the concert site shall be coordinated among Event Staff, Town Police, Town Transportation Department and RFTA. G. Public Health and Safety 1 Medical and /or emergency services shall be activated by dialing 911. 2 Public restrooms shall be open and available within Base Village and Snowmass Mall. No additional port-o- potties are currently proposed for these concerts; should it become necessary, Applicant shall be required to provide an adequate number of port-o- potties to service an anticipated larger crowd. 3 All cables, wires, equipment and material shall be covered, concealed, secured ad /or located in such a manner that event participants will not be placed at risk and the general public's health, safety or welfare will not be adversely affected. 4 For egress after each concert, see Condition F.6. above. Applicant shall have adequate event staff stationed as necessary to ensure egress for attendees is safe, orderly and efficient. H. Trash /Recycling and Clean up 1 Applicant is responsible for solid waste collection and recycling at each concert and should coordinate in advance with the Town Solid Waste & Recycle Dept (923- 5110). 2 Applicant shall remove all trash and recyclables to the appropriate location(s) promptly after each concert. 0-4 ' ; ~`+ U: Concert Series STEA Permit -2014 TC PACKET 02 -18 -14 inn Page 4 of 5 3 All affected areas shall be restored to their pre -event condition at the conclusion of each concert. Any damage shall be repaired or replaced at the Applicant's expense, to the satisfaction of the land or property owner(s), within fourteen (14) days of the event unless other arrangements are made. Liquor 1 No special event alcohol license has been issued for any of these events. 2 Attendees may consume alcohol in a Common Consumption Area based on approval from the Liquor Licensing Authority. J. Insurance and Liability 1 Proof of satisfactory insurance coverage to the Town Planning Department is attached to this Short Term Event Application (STEA) Permit. Town requirements for $1,000,000.00 comprehensive general liability combined single limit insurance policy, listing the "Town of Snowmass Village" as an additional insured, describing the event and identifying the Town property involved, must be satisfied. This is required for any activity using the Town property and must cover all days of the event. 2 Applicant agrees to indemnify and hold the Town harmless from all cost, loss, damage, expenses (including attorney and expert fees) and claim of liability of any and every kind (collectively "Claims ") that may arise as a direct result of activities in which the Applicant are engaged or over which the Applicant has control with respect to the use of the above described property pursuant to this permit. The foregoing shall obligate the Applicant to defend any claims, suits or other proceedings naming the Town as a defendant on any claim that may arise as a result of the use of the above described property pursuant to this permit or the activities authorized under this agreement. Signed and notarized indemnification agreement is attached to this Short Term Event Application (STEA) Permit. 3 Attorney Fees. In the event litigation is necessary to enforce the rights of the Town under this Agreement, the Town shall be entitled to reimbursements of its reasonable attorney fees and costs of suit, actually incurred in the litigation, as part of its judgment or award. Attachment(s): 1 -Short Term Event Application (STEA) 2- February Concert Operations Plan 3 -March Concert Operations Plan Exhibit(s): A -Event Site Map Q, „4 1 i„h+ ui_ r:i Concert Series STEA Permit -2014 TC PACKET 02 -18 -14 176 Page 5 of 5 SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA MARCH 3, 2014 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: PUBLIC HEARING AND DISCUSSION: MAJOR PUD AMENDMENT PRELIMINARY PLAN REGARDING LOT 2 IN BASE VILLAGE (Time: 60 Minutes) ACTION REQUESTED OF TOWN COUNCIL: Provide findings and conditions regarding core issues topics for this meeting to incorporate into subsequent ordinance. (Continued from February 18, 2014) --Jim Wahistrom ....................................................... Page Item No. 5: HOUSING RENOVATIONS DISCUSSION (Time: 30 Minutes) ACTION REQUESTED OF TOWN COUNCIL: Staff is requesting Council consider approval and direction to begin an RFP/Q process to select a design firm for the exterior renovations of the older housing properties. --Joe Coffey Item No.: MANAGER'S REPORT (Time: 10 minutes) --Gary Suiter ................... ...........................Page Item No.: AGENDA FOR NEXT TOWN COUNCIL MEETING: ................................................................... Page Item No.: APPROVAL OF MEETING MINUTES FOR: ................................................................... Page Item No.: COUNCIL COMMENTS /COMMITTEE REPORTS/CALENDARS: ................................................................... Page Item No.: ADJOURNMENT TC PACKET 02-18-14 177 03- 03 -14tc Agenda Page 2 of 2 NOTE: Total time estimated for meeting: Approx hours (excluding items 1- 3 and 9 -12) 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. TC PACKET 02 -18 -14 178 SNOWMASS VILLAGE TOWN COUNCIL WORK SESSION WEDNESDAY, MARCH 12, 2014 �4 t -Val CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: DISCUSSION - CONCERNING A RESOLUTION PROVIDING PLANNING COMMISSION RECOMMENDATIONS REGARDING PROPOSED ESTABLISHMENT OF ENABLING LEGISLATION FOR A REQUIRED ZONING INFORMATION COMPLIANCE APPLICATION PROCESS AND REPORT PRIOR TO RESIDENTIAL SALE IN ARTICLE 1, GENERAL PROVISION OF CHAPTER 16A THE SNOWMASS VILLAGE MUNICIPAL CODE. (Time: 60 Minutes) --Jim WahIstrorn ............................ ...........................Page Item No. 3: DISCUSSION - MARIJUANA LEGISLATION (Time: 60 Minutes) --John Dresser/Rhonda Coxon Item No. 4: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hour (excludinq items 1 and 3) 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. TC PACKET 02-18-14 179 2nd Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA MARCH 17, 2014 CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS (5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: JOINT MEETING WITH THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD (Time: 90 Minutes) Item No. 7: PUBLIC HEARING AND DISCUSSION: MAJOR PUD AMENDMENT PRELIMINARY PLAN REGARDING LOT 2 IN BASE VILLAGE (Time: 60 Minutes) ACTION REQUESTED OF TOWN COUNCIL: Provide findings and conditions regarding core issues topics for this meeting to incorporate into subsequent ordinance. --Jim WahIstrom ............................ ...........................Page Item No.: MANAGER'S REPORT (Time: 10 minutes) --Gary Suiter ................... ...........................Page Item No.: AGENDA FOR NEXT TOWN COUNCIL MEETING: ................................................................... Page Item No.: APPROVAL OF MEETING MINUTES FOR: ................................................................... Page Item No.: COUNCIL COMMENTS /COMMITTEE REPORTS/CALENDARS: ................................................................... Page Item No.: ADJOURNMENT TC PACKET 02-18-14 180 03- 17 -14tc Agenda Page 2 of 2 NOTE: Total time estimated for meeting: Approx hours (excluding items 1- 3 and 9 —12) 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. TC PACKET 02 -18 -14 181 I SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 JANUARY 21, 2014 9 7 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town 8 Council on Monday, January 21, 2014 at 4:04.p.m. 9 10 Item No. 1 ROLL CALL 11 12 COUNCIL MEMBERS Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and PRESENT: Chris Jacobson. COUNCIL MEMBERS All council members were present. ABSENT: STAFF PRESENT: Gary Suiter, Town Manager; John Dresser, Town Attorney; Anne Martens, Public Works Director; Jim Wahlstrom, Senior Planner; Sloan Campi, Planner; Kelly Vaughn, Communications; and Rhonda B. Coxon, Town Clerk 13 PUBLIC PRESENT: Don Schuster, Dennis Murray, Doug Faurer, Steve Alldredge, Craig Monizo, Jill Berthard and other members of the Public interested in today's Agenda items. 14 15 16 Item No. 2 PUBLIC NON- AGENDA ITEMS 17 18 Dennis Murray a resident of Aspen is before Council to let them know how hard it is 19 to access parking and getting to the ski slope as disabled individual. He also noted that 20 things have actually gotten worse in the last 15 years as far as ADA compliance. He 21 knows twenty five to one hundred people that ski in Snowmass Village and have issues 22 parking and getting to the slopes. He asked that Council please access the current 23 ADA requirements and make much needed changes. 24 25 Item No. 3 COUNCIL UPDATES 26 27 Council Member Butler stated that she has received complaints about dump trucks 28 going up and down Faraway Road and leaving behind a lot of dirt. She asked that staff 29 look into the situation. 30 31 Council Member Haber stated he attended a Snowmass Discovery Board Meeting. 32 TC PACKET 02 -18 -14 182 01- 21 -14TC Minutes Page 2 of 5 33 Item No. 4 APPEAL OF RESOLUTION NO. 30 SERIES OF 2013 - 34 SPRINT ANTENNA UPGRADES 35 36 37 Sloan Campi Planner stated that the applicant requested a thirty day extension and the 38 appellant consented. Mayor Boineau noted that this item will be continued to the 39 Regular Meeting of the Snowmass Village Town Council on, Tuesday, February 19, 4o 2014. 41 42 Town Council took a break at this time. 43 44 Item No. 5 DISCUSSION - DRAFT CONCURRENT PLANNING COMMISSION AND 45 TOWN COUNCIL REVIEW SCHEDULE REGARDING PROPOSED MAJOR PUD 46 AMENDMENT PRELIMINARY PLAN ON LOT 2 BASE VILLAGE 47 48 Jim Wahlstrom noted that the purpose of this discussion is to determine whether the 49 attached Draft Concurrent Planning Commission and Town Council review schedule 5o regarding the proposed Major PUD Amendment Preliminary Plan on Lot 2, Base Village 51 is acceptable or needs modification. Town Council was in agreement to the time 52 schedule if the Planning Department some additional help. The Planning Commission 53 has committed to meeting weekly to work on the submission. Council stated concerns 54 with the current staffing levels in the Community Development department and due to 55 the importance of this submission it would beneficial for in house to handle this project. 56 Consensus was to have the Town Manager and staff review the schedule and provide a 57 detailed staff analysis. 58 59 Guideline and a plan is very flexible and Council directed staff to continue review with 60 the planning 61 62 Item No. 6 DISCUSSION -BASE VILLAGE 101 63 64 Jim Wahlstrom Senior Planner presented a PowerPoint presentation of the Base Village 65 project, history and background of the site, summary of the approvals and associated 66 documents, Final PUD Guide parameter and its exhibits, related other development, 67 employee housing mitigation projects, and the companion development agreements 68 and what they cover. He noted the presentation will also cover the current status of the 69 project completion. The presentation was grouped in three segments, 1) associated 7o Land Use applications, 2)development parameters and controls and, 3) companion 71 agreements. The purpose of this discussion is to review the history of Base Village for 72 all members of the Council to prepare them for the upcoming applications for Base 73 Village. 74 75 Item No. 7 DISCUSSION - EOTC HISTORY 76 TC PACKET 02 -18 -14 183 01- 21 -14TC Minutes Page 3 of 5 77 David Peckler Transportation Director provided presentation on the history of the 78 Elected Officials Transportation Committee (EOTC). He noted that the memo and 79 supporting documents from the last EOTC Strategic Retreat provides an overview of the 8o history of the EOTC's use of the 1/2 cent sales and use tax (1/2 Cent Tax) that was 81 approved in 1993. Since the tax's inception approximately $80,000,000 in investments 82 in transit improvements have been made, which includes the acquisition of the Denver 83 Rio Grande railroad right -of -way and the creation of the regional transportation authority 84 now known as the Roaring Fork Transportation Authority (RFTA). Ofthe roughly $5 85 million in EOTC revenues, $3.4 million are now allocated to RFTA as a portion of the 86 three upper valley jurisdictions (Aspen, Pitkin County and Snowmass Village) taxes 87 dedicated to RFTA. He noted it is EOTC's current policy to reserve 2 /3rd of the 88 remaining 1/2 Cent Tax revenue for improvements to the Entrance to Aspen. The 2 /3rd 89 allocation of ROTC revenues represent the "net bondable revenue" of the remaining 90 discretionary revenues for bonding a capital project. The remaining 1 /3rd of the EOTC 91 revenue is supporting the No -Fare bus service between Aspen and Snowmass Village 92 along with a number of capital projects. He stated without an increase in the use tax 93 portion of the EOTC revenues (exempt from dedication to RFTA) thee is not enough 94 funding for the remaining projects The EOTC's remaining cumulative surplus has been 95 broken info three funds. One fund of roughly $6.5 million is targeted for a transit facility 96 in Snowmass Village. The second fund is for the 2 /3rd allocation for the Entrance to 97 Aspen. The last fund has been recently created by borrowing $3 million from the other 98 two funds to target projects in the near future. He also referred to the Comprehensive 99 Valley Transportation Plan provides the complete History beginning of 1991 to date loo listing all of the timeline accomplishments and decisions of this body to date. 101 102 Item No. 8 MANAGER'S REPORT 103 104 Town Manager Gary Suiter discussed the following items for the Manager's Report: 105 1) Community Development Director Search... local and regional applicants 106 2) 2013 Annual Report .... first since 2009 107 3) What's coming up on the next agenda 108 4) Permit for the Owl Creek Race 109 110 Item No. 9 AGENDA FOR NEXT TOWN COUNCIL MEETING * February 3, 2014 - Regular Meeting * February 12, 2014 - Work Session * February 18, 2014- Regular Meeting 111 Town Council reviewed the future agendas listed in the packet. 112 113 Item No. 10 APPROVAL OF MEETING MINUTES FOR * December 15, 2013 - Regular Meeting 114 Council Member Haber provided some changes for the Clerk. 115 TC PACKET 02 -18 -14 184 01- 21 -14TC Minutes Page 4 of 5 116 Fred Kucker made the motion to approve as amended the Regular Meeting minutes of 117 the Snowmass Town Council on Monday, December 15, 2013. Markey Butler 118 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 119 120 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 121 Jacobson. 122 123 Voting Nay: None. 124 Item No. 11 COUNCIL COMMENTS /COMMITTEE REPORTS /CALENDARS 125 126 Council Member Butler spoke to the very large and difficult Glenwood Springs bridge 127 replacement that will be beginning in the near future. 128 129 Item No. 12 EXECUTIVE SESSION 130 131 At 7:24 p.m. 132 133 Bill Boineau made the motion to enter closed session Town Council will now meet in 134 Executive Session Fred Kucker seconded the motion. The motion was approved by a 135 vote of 5 in favor to 0 opposed. 136 137 Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris 138 Jacobson. 139 140 Voting Nay: None. Town Council will now meet in Executive Session pursuant to C.R.S. 24 -6- 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to specifically discuss three items: 141 142 a)Determining positions relative to matters that may be subject to 143 negotiations, developing strategy for negotiations, instructing negotiators 144 pursuant to C.R.S. 24- 6- 402(4)(e) and Snowmass Village Municipal Code 145 Section 2- 45(c)(5); and 146 147 b)Conferences with an attorney for the purposes of receiving legal advice 148 on specific legal questions pursuant to C.R.S. 24- 6- 402(4)(c) and 149 Snowmass Village Municipal Code Section 2- 45(c)(2); 150 151 c)Personnel matters, except if the employee who is the subject of the 152 session has requested an open meeting, pursuant to C.R.S. 24 -6- 153 402(4)(f)(1) and Snowmass Village Municipal Code Section 2- 45(c)(6); 154 155 At 9:30 p.m. TC PACKET 02 -18 -14 185 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 01- 21 -14TC Minutes Page 5 of 5 Fred Kucker made the motion to approve reconvening to the Regular Meeting of the Snowmass Village Town Council on Monday, January 21, 2014. Bill Boineau seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Item No. 13 ADJOURNMENT At 9:31 p.m. Fred Kucker made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, January 21, 2014. Bill Boineau seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Markey Butler, Jason Haber, Fred Kucker, and Chris Jacobson. Voting Nay: None. Submitted By, Rhonda B. Coxon, CMC Town Clerk TC PACKET 02 -18 -14 186 1 2 3 4 5 6 7 8 Town Council Mardi Gras! Meeting Ash 4:00 m. Or FAT Wednesday Tuesday! 9 10 11 12 13 14 15 Town Council Work Session 4:00 p.m 16 17 18 19 20 21 22 Town Council EOTC Meeting Retreat 4:00 m. 1:00 — 5:00 p.m. Place TBD 23 24 25 26 27 28 29 30 TC PACKET 02 -18 -14 31 188 Sat 5 TC PACKET 02 -18 -14 189