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02-05-07 Town Council PacketSNOWMASS VILLAGE REGULAR MEETING AGENDA FEBRUARY 5, 2007 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE— ITEMS COULD START EARLIER OR LATER THAN THEIR STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: MARKETING AND SPECIAL EVENTS PRESENTATION Susan Hamley— Power Point Presentation Separate Handout Item No. 3: PUBLIC NON-AGENDA ITEMS 5-Minute Time Limit) Item No. 4: SECOND READING - ORDINANCE NO. 2, SERIES OF 2007 — AMENDING THE PLANNING COMMISSIONS ENABLING LEGISLATION: SECOND READING OF AN ORDINANCE AMENDING AND RESTATING PROVISIONS OF THE MUNICIPAL CODE TO AMEND THE COMPOSITION AND QUOROM REQUIREMENTS OF THE PLANNING COMMISSION John Dresser Page 1, TAB A Item No. 5: COUNCIL UPDATES Town Council Item No. 6: FIRST READING - ORDINANCE NO. 03, SERIES OF 2007 — AMENDMENT TO THE BASE VILLAGE PLANNED UNIT DEVELOPMENT: AN ORDINANCE CONSIDERING AN APPLICATION BY THE INTRAWEST/BRUSH CREEK DEVELOPMENT COMPANY LLC REGARDING A MINOR PUD AMENDMENT TO THE BASE VILLAGE PLANNED UNIT DEVELOPMENT Chris Conrad Page 5, TAB B Item No. 7: CONTINUATION OF PUBLIC HEARING AND DISCUSSION - SNOWMASS CENTER: PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT. Jim Wahlstrom Page 16, TAB C 02-05-07 T.C. Page 2 of 2 Item No. 8: MANAGER'S REPORT Community Satisfaction Survey Fairway Drive Landscaping Page 48, TAB D Item No. 9: APPROVAL OF MEETING MINUTES FOR: December 18, 2006 January 8, 2007 Page 53, TAB E Item No. 10: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Item No. 11: 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 one item: a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest pursuant to C.R.S. 24-6-402(4)(a) and Snowmass Village Municipal Code Section 2-45(c)(1); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering item (a) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at the Executive Session. Item No. 12: ADJOURNMENT NOTE: ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. TOWN COUNCIL COMMUNIQUE Meeting Date: February 5, 2007 Agenda Item: Second Reading - ORDINANCE 2, SERIES OF 2007 — Planning Commission Composition AN ORDINANCE AMENDING AND RESTATING PROVISIONS OF THE MUNICIPAL CODE TO AMEND THE COMPOSITION AND QUOROM REQUIREMENTS OF THE PLANNING COMMISSION Presented By: John Dresser General Info: Planning Commission recommended to Council that the composition of the Planning Commission be increased to 7 regular members and no alternates. Planning Commission has found in recent years that attendance has ceased to be a problem. It was thought that disenfranchised alternate members was not the best way to encourage community service on the Commission. To address the possibility of decreased attendance at a certain meeting it was recommended that the quorum be set at three to ensure that actions can be taken when scheduling conflicts arise. Council Options: Discuss Ordinance No. 2 of 2007 and either approve at second reading, amend at second reading, or deny at second reading Resolution. Staff Recommendation: Approve first second of Ordinance No. 2, Series of 2007. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 2 SERIES OF 2007 AN ORDINANCE AMENDING AND RESTATING PROVISIONS OF THE MUNICIPAL CODE TO AMEND THE COMPOSITION AND QUOROM REQUIREMENTS OF THE PLANNING COMMISSION WHEREAS, the Planning Commission has recommended to the Town Council that certain provisions of the Municipal Code be amended; and WHEREAS, the Town Council desires to amend the composition of the Planning Commission as established in Article XII of Chapter 2 of the Municipal Code; and WHEREAS, the Town Council desires to establish a quorum requirement for official actions by the Planning Commission by providing such requirement in Article XII of Chapter 2 of the Municipal Code; and WHEREAS, the Town Council desires to amend and restate the provisions of the Municipal Code as hereinafter setforth; and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, as follows: 1. Chapter 2. Section 2-273 shall be amended to read as follows: The Planning Commission shall consist ofseven (7) regular members. Regular members shall each be appointed by the Town Council to serve terms ofthree (3)years each. Appointments tofill vacancies as a result of the expiration of a term shall be made at the first regular Council meeting in January of each year. Other vacancies shall be filled as provided in the Charter.All members shall serve at the pleasure ofthe Town Council and may be removed by a majority vote ofthe present and voting members ofthe Town Council. In order to provide continuity on the Planning Commission, terms of members shall be overlapping and shall expire on a staggered basis at the first regular meeting of the Town Council in January ofeach year.At the end of the year ofadoption ofthis Ordinance, three (3) terms shall expire andfor the two yearsfollowing the year of adoption, two (2) terms each year shall expire and said overlapping and staggered pattern shall repeat thereafter.A quorum ofthree (3) members shall be required at any meetingfor the Planning Commission to take any official action. Ordinance No. 2, Series of 2007 Page 2 of 2 5. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on January 22, 2007 upon a motion by Council Member Wilkinson, the second of Council Member Mordkin, and upon a vote of five 5) in favor and zero (0) opposed. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on Second Reading on February 5, 2007 upon a motion by Council Member the second of Council Member and upon a vote of_ in favor and _against. TOWN OF SNOWMASS VILLAGE Douglas Mercatoris, Mayor ATTEST: Rhonda B. Coxon, Deputy Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney 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; and instructing 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 245(c)(2); and Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. TOWN COUNCIL COMMUNIQUE Meeting Date: February 5, 2007 Agenda Item: FIRST READING - ORDINANCE NO. 03, SERIES OF 2007 Amendment to the Base Village Planned Unit Development: an ordinance considering an application by the Intrawest/Brush Creek Development Company LLC regarding a Minor PUD Amendment to the Base Village Planned Unit Development. Presented By: Chris Conrad, Planning Director Core Issues: Should the Applicant be permitted to amend the existing PUD? Consistent with Review Standards. The Town Council should determine whether the proposal is consistent with the Review Standards (See Attachment 1 foe Review Standards). General Info: Intrawest/Brush Creek Development Company LLC ("Applicants') has submitted a Minor PUD application to amend certain provisions of the Base Village PUD Guide, Construction Management Plan and Restricted Housing Agreement. The amendments include: 1) accelerating construction of Building 13B (Westin Phase 2) by moving it from Phase 3 to Phase 2A and decreasing the employee housing EH) square footage in that building; 2) adding 1,063 square feet of EH to Building 11; 3) provide 5 additional EH units within Base Village; and 4) incorporate the "Combustible Material on Building Exteriors" report for the entire PUD rather than needing building specific administrative modification approval. Please refer to Tab 1 of the application notebook for more detailed information regarding the Applicant's request. The specific original PUD documents being amended are: 1.Amended and Restated Base Village Planned Unit Development Guide (Please refer to Tab 2 of the application notebook. Clean copy and redline version included.) 2. First Amendment To Base Village Restricted Housing Agreement (Please refer to Tab 3 of the application notebook. Amendment and current agreement included.) 3.Amended Construction Management & Phasing Plan (Please refer to Appendix D of the application notebook. Minor changes highlighted. Diagrams show "Current" and "Amended" plans.) The Applicant is also proposing that a "Combustible Material on Building Exteriors" report, dated December 6, 2005, be accepted such that they may obtain approval add natural wood railings and heavy 1 wood timber to their buildings as part of the building permit rather than to require Planning Director Modification approval prior to submitting the permit application. The report (Please refer to Appendix G of the application notebook) has been approved by the fire department and the amendment to the PUD Guide (See Lines 131-152 of the enclosed ordinance) simply removes the modification process while maintaining the same standards applied with the original approval. Staff finds that the proposed amendments are fairly minor in nature See Lines 66-96 of the enclosed ordinance for specific findings) and will not undermine the intent and purpose of the original Base Village Final PUD approval. Attachment 1 of the packet shows that the net effect of the EH amendment will be an increase of 5 units with no loss in EH square footage to be constructed within the project. Appendix E in the application notebook shows that the EH construction schedule has been accelerated and will be available sooner than originally projected. The Public Hearing for this item had been noticed for February 20; however, that meeting has been rescheduled now for February 26. Attachments and Attachment 1: Phasing, EH square footage and unit matrix. Review Handouts: Standards. Attachment 2: Planning Commission resolution. Handout: The application notebooks will be placed in the council boxes with the application available for public viewing at the Planning Department. Council Options: 1. Consider granting first reading approval of the enclosed Ordinance, as may be modified at the meeting; OR 2. Table action until additional information has been provided; OR 4. Deny the Ordinance. Staff Grant First Reading approval of the Ordinance as may be amended at Recommendation: the meeting. 2 ATTACHMENT SQ. FT. SQ. FT. PHASE PHASE E.H. E.H. SQ. FT. I NUMBER OF UNITS PER PER PER PER INCREASE PER PER BUILDING PUD AMEND. PUD AMEND. (DECREASE) PUD AMEND. 2B Phase 1A Same 821 1,380 559 1 2 2C Phase 1A Same 948 2,147 1,199 2 3 5 Phase 2B Same 2,545 2,545 0 3 3 7 Phase 1B Same 1,604 1,604 0 2 3 8 Phase 1B Same 1,191 1,191 0 1 1 10AB Phase Same 5,240 4,000 1,240 6 6 11 Phase Same 0 1,063 1,063 0 2 13A Phase 2A Same 0 2,154 2,154 0 2 136 Phase 3 Phase 2A ka 2,926 31735) 7 5 TOTALS: 010 19,010 0 11 22 1 27 Review Standards An application for a minor amendment to a final PUD shall comply with the following standards: a. Consistent with original PUD. The proposed amendment shall be consistent with, or an enhancement of, the original PUD approval. b. No substantially adverse impact. The proposed amendment shall 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. c. Not change character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply with the other applicable standards of this Division 3, Planned Unit Development, including but not limited to Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. TOWN OF SNOWMASS VILLAGE ATTACHMENT 2 PLANNING COMMISSION Planning Commission Resolution RESOLUTION NO. 01 SERIES OF 2007 A RESOLUTION PROVIDING THE PLANNING COMMISSION RECOMMENDATIONS REGARDING THE BASE VILLAGE MINOR PUD AMENDMENT APPLICATION. WHEREAS, the Base Village Final Planned Unit Development ("BV PUD") was approved by Town Council Ordinance No. 21, Series of 2004 ("Ordinance 21"); and WHEREAS, the Base Village Planned Unit Development Guide ("PUD Guide'), attached as Exhibit "B" of said ordinance, sets forth the zoning and development parameters for the individual buildings and lots within the BV PUD; and WHEREAS, Intrawest/Brush Creek Development Company LLC ("Applicants") has submitted a Minor PUD application to amend certain provisions of Ordinance 21including the PUD Guide, Base Village Construction Management Plan CMP") and Base Village Restricted Housing Agreement ("Housing Agreement"); and WHEREAS, said amendments include: 1) moving construction of Building 13B from Phase 3 to Phase 2A and decreasing the employee housing (EH) square footage.in that building; 2) adding 1,063 square feet of EH to Building 11; 3) provide 5 additional EH units within Base Village; and 4) incorporate the Combustible Material on Building Exteriors" report for the entire PUD rather than needing building specific administrative modification approval, as further described within the application submitted on November 30, 2006; and WHEREAS, a meeting was held before the Planning Commission on January 17, 2007; and WHEREAS, said request was considered by the Planning Commission pursuant to Section 16A-5-390 of the Municipal Code; and WHEREAS, the Planning Commission has reviewed the application and heard the recommendations of the Town Staff; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Town of Snowmass Village, Colorado: Section One: General Findings. The Planning Commission generally finds: 1.The Applicant has submitted sufficient information pursuant to Section 16A-5-390 of the Municipal Code to permit the Town Staff and the PC Reso. 07-01 Page 2 Planning Commission an adequate review of the proposed Minor PUD Amendment. 2. The application is consistent with the applicable review standards specified within Section 16A-5-390(3) of the Municipal Code. Section Two: Specific Findings. The Planning Commission specifically finds: A. Moving construction of Building 13B from Phase 3 to Phase 2A. Commencing Building 13B in conjunction with Building 13A could be beneficial provided that the construction impacts are considered in relation to the overall construction impacts that may occur within the community. B. Decreasing the employee housing (EH) square footage in Building 13B. The Applicant has increased the employee housing square footage within Buildings 2B, 11 and 13A by 3,776 square feet to offset the 3,735 square foot reduction within Building 13B. C. Adding 1,063 square feet of EH to Building 11. The increases within Buildings 2B, 11 and 13A offset the reduction within Building 13B. D. Providing 5 additional EH units within Base Village. While the number of units within Building 13B was reduced from 7 to 5 units, the employee housing unit count within Buildings 2B, 2C, 7, 11 and 13A increased with a net increase of 5 units within the overall Base Village project. E. Incorporating the "Combustible Material on Building Exteriors" report for the entire PUD. The introduction of additional natural wood balcony material and heavy timber to replace non-combustible materials will enhance the overall appearance of the project; however, they should be consistent with the colors and materials originally approved for the particular building(s) and not affect the mass or scale of the building(s). Nothing within the proposed amendment regarding combustible material implies that the requirements of the International Building Code or Uniform Fire Code are not been applied within the project. Section Three: Action. The Planning Commission hereby recommends that Town Council approve the Minor PUD Amendment to certain provisions of Ordinance 21, including the PUD Guide, CMP and Housing Agreement, as further described within the application submitted on November 30, 2006, subject PAPlanning Commision\Reso1ution.p620071PC Reso 07-01 Base Village MinorPUD Amend.doc PC Reso. 07-01 Page 3 to the comments, concerns and recommendations contained within Section Four below. Section Four: Comments, Concerns and Recommendations. The Planning Commission recommends that the Town Council consider the following: 1. The Applicant should also consider amending Article 1.2.2, Timing for Satisfaction/Prerequisites to Development, and Article 1.2.3, Approval of Club Commons II, of the Housing Agreement as they relate to the current timing and approval of the Club Commons II project. 2. The Applicant should also consider amending Article 1.2.4, Remaining Mitigation to be Satisfied, to reflect that the 9,664 square feet of unmitigated restricted housing has been reduced to 4,571 square feet as reflected on the new Exhibit "A" of the Housing Agreement. INTRODUCED, READ, AND ADOPTED on the motion of Planning Commission member Butler and the second of Planniw Commission member Gustafson by avoteof5infavorand0against, on this 17 day of January, 2007. TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION Douglas our r, Chairman ATTEST: Cindy Ford-Planning Commission Secretary PAPlanning CommisionlResolution.pc1P0071PC Reso 07-01 Base Village Minor PUD Amend.doc 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 03 5 SERIES OF 2007 6 7 AN ORDINANCE CONSIDERING AN APPLICATION BY THE INTRAWEST/BRUSH 8 CREEK DEVELOPMENT COMPANY LLC REGARDING A MINOR PUD AMENDMENT 9 TO THE BASE VILLAGE PLANNED UNIT DEVELOPMENT. 10 11 WHEREAS, the Base Village Final Planned Unit Development ("BV PUD") was 12 approved by Town Council Ordinance No. 21, Series of 2004 ("Ordinance 21"); and 13 14 WHEREAS, the Base Village Planned Unit Development Guide ("PUD Guide"), 15 attached as Exhibit "B" of said ordinance, sets forth the zoning and development 16 parameters for the individual buildings and lots within the BV PUD; and 17 18 WHEREAS, Intrawest/Brush Creek Development Company LLC ("Applicants') has 19 submitted a Minor PUD application to amend certain provisions of Ordinance 21 including 20 the PUD Guide, Base Village Construction Management Plan ("CMP") and Base Village 21 Restricted Housing Agreement ("Housing Agreement'); and 22 23 WHEREAS, said amendments include: 1) moving construction of Building 13B 24 from Phase 3 to Phase 2A and decreasing the employee housing (EH) square footage in 25 that building; 2) adding 1,063 square feet of EH to Building 11; 3) provide 5 additional EH 26 units within Base Village; and 4) incorporate the "Combustible Material on Building 27 Exteriors" report for the entire PUD rather than needing building specific administrative 28 modification approval, as further described within the application submitted on November 29 30, 2006; and 30 31 WHEREAS, a meeting was held before the Planning Commission on January 17, 32 2007; and 33 34 WHEREAS, the Planning Commission reviewed the application and adopted 35 Resolution No.1, Series of 2007, providing their recommendations of the Town Council; 36 37 WHEREAS, a public hearing notice was published in the Snowmass Sun on 38 January 17, 2007 specifying that public hearing was to occur on February 20, 2007; and 39 40 WHEREAS, said meeting was cancelled and rescheduled to occur on February 41 26, 2007 and a new notice was published on February 7, 2007 amending the public 42 hearing date accordingly; and 43 44 WHEREAS, the Town Council has reviewed the application, heard the 45 recommendations of the Town Staff and Planning Commission as well as the public 46 comments; and 47 48 WHEREAS, said request was considered by the Town Council pursuant to Section 49 16A-5-390 of the Municipal Code. 50 51 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass 52 Village, Colorado: TC Ord.07-03 Page 2 53 54 Section One: General Findings. The Town Council generally finds: 55 56 1.The Applicant has submitted sufficient information pursuant to Section 57 16A-5-390 of the Municipal Code to permit the Town Staff and the 58 Planning Commission an adequate review of the proposed Minor PUD 59 Amendment. 60 61 2. The application is consistent with the applicable review standards specified 62 within Section 16A-5-390(3) of the Municipal Code. 63 64 Section Two: Specific Findings. The Town Council specifically finds: 65 66 1.Moving construction of Building 13B from Phase 3 to Phase 2A. 67 Commencing Building 13B in conjunction with Building 13A could be 68 beneficial provided that the construction impacts are considered in relation 69 to the overall construction impacts that may occur within the community. 70 71 2.Decreasing the employee housing (EH) square footage in Building 72 13B. 73 The Applicant has increased the employee housing square footage within 74 Buildings 2B, 11 and 13A by 3,776 square feet to offset the 3,735 square 75 foot reduction within Building 13B. 76 77 3. Adding 1,063 square feet of EH to Building 11. 78 The increases within Buildings 2B, 11 and 13A offset the reduction within 79 Building 13B. 80 81 4.Providing 5 additional EH units within Base Village. 82 While the number of units within Building 13B was reduced from 7 to 5 83 units, the employee housing unit count within Buildings 2B, 2C, 7, 11 and 84 13A increased with a net increase of 5 units within the overall Base Village 85 project. 86 87 5.Incorporating the "Combustible Material on Building Exteriors" report 88 for the entire PUD. 89 The introduction of additional natural wood balcony material and heavy 90 timber to replace non-combustible materials will enhance the overall 91 appearance of the project; however, they should be consistent with the 92 colors and materials originally approved for the particular building(s) and 93 not affect the mass or scale of the building(s). Nothing within the proposed 94 amendment regarding combustible material implies that the requirements 95 of the International Building Code or Uniform Fire Code are not been 96 applied within the project. 97 98 Section Three: Action. The Town Council hereby approves the Minor PUD Amendment 99 to certain provisions of Ordinance 21, as described within the application submitted on CADocuments and Settings\cconrad\Local Set6ngs\Temporary Internet Files\OLK35\TC Ord 07-03 BV Minor PUD Amend.doc TC Ord. 07-03 Page 3 100 November 30, 2006, subject to the conditions stated within Section Four below. Said 101 amendments are as follows: 102 103 1.the Amended and Restated Base Village Planned Unit Development 104 Guide, attached as Exhibit "A" of this Ordinance; 105 106 2.the First Amendment To Base Village Restricted Housing Agreement 107 Amended Housing Agreement"), attached as Exhibit "B" of this 108 Ordinance; 109 110 3.the "Combustible Material on Building Exteriors" report dated December 6, 111 2005, attached as Exhibit "C of this Ordinance, is hereby approved and 112 shall be included as Exhibit "D" of the Amended and Restated Base Village 113 Planned Unit Development Guide; and 114 115 4. the amended Construction Management & Phasing Plan, attached as 116 Exhibit "D" of this Ordinance. 117 118 Section Four: Conditions of Approval. The approval of the amendments stated within 119 Section Three above shall be subject to the following conditions: 120 121 1. The Applicant shall amend Article 1.2.2, Timing for Satisfaction/Prerequisites 122 to Development, and Article 1.2.3, Approval of Club Commons 11, of the 123 Amended Housing Agreement as they relate to the current timing and approval 124 of the Club Commons Il project. 125 126 2. The Applicant shall amend Article 1.2.4, Remaining Mitigation to be Satisfied, 127 Amended Housing Agreement to reflect that the 9,664 square feet of 128 unmitigated restricted housing has been reduced to 4,571 square feet as 129 reflected on the new Exhibit "A" of the Amended Housing Agreement. 130 131 3. The Applicant shall amend Paragraph 3d of the Planning Director Review 132 Procedures contained within the Amended and Restated Base Village Planned 133 Unit Development Guide to read as follows: 134 135 d. If the proposed change to the exterior combustible construction 136 materials of a Building does not materially increase the mass and 137 scale and is, in the reasonable determination of the Planning Director 138 as authorized pursuant to Ordinance No. 21, Series of 2004, generally 139 consistent with the architectural design of such Building as depicted on 140 the applicable Design Drawings and Narrative Design Standards 141 described in Exhibit "A", said change may be authorized by building 142 permit approval without necessity of Planning Director Modification 143 approval provided: 144 145 1) the proposed change(s) to the exterior combustible construction 146 materials of the Building are not in conflict with the "Combustible CADocuments and Settings\cconrad\Local Setting0emporary Internet Files\OLK357C Ord 07-03 BV Minor PUD Amend.doc TC Ord. 07-03 Page 4 147 Material on Building Exteriors" report dated December 6, 2005 148 attached as Exhibit "D" of the Planned Unit Development Guide; 149 and 150 151 2) the Snowmass Wildcat Fire District approves such change(s). 152 153 4.The Applicant shall amend the documents as required in Conditions 1- 154 3 above and submit them to the planning department for review and 155 approval by the Planning Director and Town Attorney. 156 157 5.The final ordinance exhibit documents shall then be provided to the 158 Town Clerk and the ordinance may then be signed by the Mayor. 159 160 6.The completed ordinance and executed Amended Housing Agreement 161 shall then be recorded, at Applicant's expense, in the records of the 162 Pitkin County Clerk and Recorder. 163 164 Section Five. Severability. If any provision of this Ordinance or application hereof to 165 any person or circumstance is held invalid, the invalidity shall not affect any other 166 provision or application of this Ordinance which can be given effect without the invalid 167 provision or application, and, to this end, the provisions of this Ordinance are severable. 168 169 INTRODUCED, READ, AND APPROVED on first reading by the motion of Council 170 Member and the second of Council Member by a vote of 171 _ in favor and_ against, on this 5I day of February, 2007. 172 173 APPROVED, READ, AND ADOPTED on second reading by the motion of Council 174 Member and the second of Council Member by a vote of 175 _in favor and _against, on this 26th day of February, 2007. 176 177 TOWN OF SNOWMASS VILLAGE 178 179 180 181 Douglas Mercatoris, Mayor 182 ATTEST: 183 184 185 186 Rhonda B. Coxon, Town Clerk 187 188 APPROVED AS TO FORM: 189 190 191 192 John C. Dresser, Jr., Town Attorney 193 CADocuments and SettingMcconradlLocal SedingslTemporary Internet Fi1eslOLK351TC Ord 07-03 BV Minor PUD Annend.doc TC Ordinance No. 3, Series of 2007 Exhibits Exhibit "A": Amended and Restated Base Village Planned Unit Development Guide (Please refer to Tab 2 of the application notebook) Exhibit "B": First Amendment To Base Village Restricted Housing Agreement Please refer to Tab 3 of the application notebook) Exhibit "C": Combustible Material on Building Exteriors" report dated December 6, 2005 Please refer to Appendix G of the application notebook) Exhibit "D": Amended Construction Management& Phasing Plan Please refer to Appendix D of the application notebook) Note: The Exhibit Documents will be attached to the ordinance included within the February 26 TC packet for 2nd Reading. TOWN COUNCIL COMMUNIQUE Meeting Date: February 5, 2007 Agenda Item: CONTINUATION OF PUBLIC HEARING AND DISCUSSION: SNOWMASS CENTER: PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT. Third Amendment to the Center site, specifically involving: Building K and L (Revisit item) Commercial Program / Off-Street Parking (Revisit item) Necessary Facilities (New Issue) Variations (Height and Buildout) Community Purposes (New Issue) Re-Zonings (New Issue) Comprehensive Plan consistency (New Issue) Presented By: Jim Wahlstrom, Senior Planner Core Issues: See the core issue items listed above. For the Third Amendment application and the core issues scheduled for this meeting, have the following items been considered pursuant to Municipal Code Section 16A-5-340(g) concerning the affected core issues: All relevant materials and testimony? The Planning Commission's recommendations? Determination whether the application complies with the affected review criteria? Also see the attached staff report (Attachment 2) for pertinent questions pertaining to each core issue that Staff needs in order to move forward and eventually prepare findings and conditions for a resolution. General Info: Attached is the suggested on-going review schedule. It will be updated as needed during the review process. Attachments and Attachments: Handouts:1. Suggested, updated review schedule of prioritized core issues; 2. Summary Staff Report; 1 3. Updated Commercial Program Matrix received January 20, 2007; 4. Letter from Applicant dated January 29, 2007 concerning suggestion for private clubs and valet parking; 5. Previous Solid Waste Division comments dated August 2, 2006; 6. Conditional Snowmass Water and Sanitation District capability-to-serve' letter dated November 16, 2006; 7. Applicant's justification for the height and buildout variations from Section 14 of the application notebook); 8. Updated Community Purpose list dated January 18, 2007; and 9. Community Purpose criteria per Municipal Code Section 16A- 5-300(c)(7). Reference previous handouts for this meeting (as needed): The January 8` separate handout that included, a) Colored rendering of front fagade of Building K and L; b) Building height plan view showing the height (in blue) of Building K and L against the adjacent hillsides; c) Cross-sections of Building K and L in reference to the existing nature trail, and the existing and proposed finished grades; and The application notebook and the 11" x 17" plan set packet dated June 23, 2006 Council Options: 1 . Staff introduction of the item or core issues; 2. Applicant's presentation of the core issue items; 3. Open the continued public hearing and allow for public comment; and 4. Permit the Applicant to respond to public comments; and 5. Allow staff members to respond to comments made by the Applicant and the public; and 6. In consideration of the Planning Commission findings and recommendations, provide directives to the Applicant and Staff concerning possible findings and conditions, or modifications / additions thereof, that should be forwarded into a subsequent Town Council resolution related to the proposed amendments to the preliminary plan application as a whole; and 7. Continue the Town Council public hearing to a date certain to continue review of any accepted amendments, portions thereof or core issues related to the preliminary plan application. 2 Staff Staff advises that Council follow Attachment 2 of this report in Recommendation: order to provide final directives to the Applicant and Staff concerning the core issues scheduled for this meeting and for subsequently preparing a resolution. 3 ATTACHMENT 1 TC Report 2-5-07 Page 1 of 2 Suggested Review Schedule of Prioritized Core Issues Third Amendment Snowmass Center Preliminary Plan October 9: Employee Housing - DONE November 20 and 27: Free-Market Multi-Family Housing Mix - DONE Commercial Mix and Programming, and the PUD Guide—FOLLOW UP REQUIRED TO REVIEW REVISED PROPOSAL PER DISCUSSIONS 11/27 December 4: Building Architecture, mass, scale, and height information - REQUIRES FOLLOW UP RELATED TO BUILDING K AND L Brush Creek Impacts / Parcel I, including grading, 30% slopes & drainage effects - DONE Wildlife Analysis (overview) - DONE Snow removal and storage—REQUIRES FOLLOW UP - DECEMBER 11TH December 11: Construction Management and Phasing/Vested Property Rights (ROLLOVER ITEM TO REVIEW SUPPLEMENTAL COMPARATIVE ANALYSES)— REQUIRES FURTHER FOLLOW UP Landscaping and main streetscape design—POSTPONED TO DECEMBER 18TH Lighting plan— REVIEWED, BUT REQUIRES FOLLOW UP —TO JANUARY 8TH Rollover items related to snowmelt plans and snow removal/storage, boiler specification information, and material and color sample review, and Buildings K and L mass, scale, height (ROLLOVER TO DECEMBER 18TH) December 18: Fiscal Impact Analysis — REQUIRES FOLLOW UP FROM FAB & CONSULTANT Landscaping and main streetscape design (Rollover items) - DONE Continued Rollover Items - related to snowmelt plans and snow removal/storage, boiler specification information, and material and color sample review— DONE Buildings K and L mass, scale, height (DISCUSSED, BUT REVISIT JANUARY 8TH WITH ADDITIONAL INFORMATION) 4 ATTACHMENT 1 TC Report 2-5-07 Page 2 of 2 January 8: Continued Rollover item related to Buildings K and L mass, scale, height DISCUSSED, BUT REVISIT JANUARY 22ND WITH BLOCK MODEL) Lighting Plan follow up (DISCUSSED, BUT REVISIT JANUARY 22ND) Transportation—REVIEWED, BUT REQUIRES FOLLOW UP RE: BUS STOPS/SHELTERS Circulation—vehicular, pedestrian and public trails—REVIEWED, BUT FOLLOW UP REQUIRED Traffic Impacts and Mitigation—REVIEWED, BUT FOLLOW UP REQUIRED Off-street parking (ROLLOVER TO JANUARY 22ND) January 22: Continued Rollover item related to Buildings K and L mass, scale, height CONTINUE TO FEBRUARY 5TH DUE TO NO BLOCK MODEL) Lighting Plan follow up—DONE Transportation/Circulation—DONE Traffic Impacts and Mitigation—DONE Off-street parking (REVIEWED, BUT REQUIRES REVISIT) Commercial program (REVIEWED, BUT REQUIRES REVISIT) February 5: Continued Rollover of Building K and L (REVISIT AS NEEDED WITH BLOCK MODEL) Commercial Program/ Off-Street Parking (REVISIT AS NEEDED) Necessary Facilities Variations (Height and Buildout) Community Purposes Re-Zonings Comprehensive Plan consistency Future meetings: Revisit items: Construction Management and Phasing Plan Fiscal Impact Analysis Other Core Issue items as needed 5 1 ATTACHMENT 2 2 TC Report 2-5-07 3 4 5 Staff Summary Report 6 7 8 BUILDING K & L (REVISIT): 9 Core Issues Question: Is the mass, scale and height of Building K and L acceptable in relation 10 to the surround area and the existing and proposed finished grades? 11 12 o Per the discussions at the January 22nd meeting, the block model previously requested by 13 Council for review was not yet ready for presentation. The Applicant anticipates having the 14 model available for the February 5th meeting. They also plan to present again, if needed, the 15 rendering and the cross-sections that were referenced at the January 8th meeting. 16 17 18 19 COMMERCIAL PROGRAM / OFF-STREET PARKING 20 (REVISIT ITEM): 21 Core Issue Question: As previously discussed at the January 22nd meeting, is the Applicant's 22 off-street parking provisions together with the commercial program matrix remain acceptable or 23 consistent with the discussions that occurred on November 27, 2006? 24 25 Since the November 27`h discussion, Staffrequested that the Applicant prepare a matrix of the 26 commercial program, similar in format to the use schedules for each zoning district in the . 27 Municipal Code together with footnotes indicating restrictions on certain uses. The Applicant 28 submitted as such in mid-December, and the Staff provided comments. The community serving 29 matrix provided in the January 22nd report has been revised again to address the Council 30 comments at that meeting. See the attached modified matrix received January 30, 2007 31 (Attachment 3). The Applicant also submitted a letter dated January 29, 2007 stating a 32 suggestion to designate the allowed use ofprivate clubs to require Special Review to evaluate 33 their uses and parking demands (Attachment 4). The Applicant also plans to present at the 34 meeting some parking information showing the proposed parking numbers and locations against 35 the existing parking on the site. 36 37 Staff Comments, Observations, Recommendations or Suggestions: 38 If private clubs are to require a Special Review, it should be denoted as 'S' versus 'A' in the 39 matrix's use schedule together with the restriction noted as a footnote, similar to how the 40 Municipal Code formats its use schedules. If`private clubs' will now require Special Review, 41 then it should not be noted as an allowed or permitted use until the Special Review is evaluated 42 and approved. Also, 7,000 sq. ft. seem to be a very large space for a private club. 43 44 As mentioned at the last meeting Council had a concern about the usage of"Designer Clothing 45 Store." Staff s understanding was that the Applicant was willing to change to "Clothing Store." 1 46 47 The parking numbers proposed have changed since the third amendment submission in June 48 2006. The Applicant plans to present at the meeting the proposed updated parking numbers 49 against the existing parking on the site. The original amendment application proposed either 410 50 spaces in the text or 418 spaces in the parking analysis. In a November re-submittal the parking 51 number was 400. The current set of numbers seem to represent 410 spaces with 355 as shared 52 versus the 40 spaces shared between commercial and residential uses in the previous parking 53 analysis. Staff has requested that the Applicant explain at the meeting the allocation of parking 54 for the various usages in the Center on the various parking levels (e.g., commercial, residential, 55 reserved spaces for employee housing and the wholly-owned units, and the 40 spaces of 56 additional parking availability in the north parking area during peak commercial usage). 57 58 In the end, the Applicant should document all changes to the Third Amendment application, 59 including the parking garage, TIA, and parking analysis. The Council should subsequently 60 consider acceptance all changes from the time the application amendments were formally 61 submitted last spring until now, whether in response to decision makers/staff comment or 62 changes initiated by the Applicant. A finding of acceptance for the changes should eventually be 63 made prior to acting on a resolution concerning the Preliminary.Plan application and its 64 amendments. 65 66 67 68 NECESSARY FACILITIES (NEW ISSUE): 69 Core Issues Questions: 70 1. Has the applicant provided detailed engineering plans and reports demonstrating the type 71 location and capacity of the water supply, sewage disposal, solid waste disposal fire 72 protection and other necessary facilities that will be construction to serve the project? 73 2. Will these facilities be available in a timely manner to serve the project? 74 75 The Applicant's proposal concerning the above noted core issue can be found in the June 2006 76 application notebook as follows: 77 78 Section 13—Fire Safety 79 Section 18 — Solid Waste Disposal Plan 80 Section 22 —Utility Report 81 82 Attachments— 83 • Solid Waste Division comments dated August 2, 2006 (Attachment 5) 84 • Snowmass Water and Sanitation District [SWSD] letter dated November 16, 2006 85 Attachment 6). 86 87 Previous handout— 88 With the handout provided at the last meeting on January 22, 2007, the Applicant provided the 89 floor plans of the commercial center, which indicated a set ofpublic restrooms (in purple 90 shading) on each of three commercial levels. The project will need to comply with the Building 91 Code concerning the provision of restroom facilities and water using fixtures. 2 92 93 The last handout also showed an updated version of the loading/service area showing the bailer 94 and compactor arrangement,now placed on either side of the loading bays. 95 96 Affected Municipal Code Review and Approval Criteria: 97 Reference Code Section 16A-4-230, Water supply, sewage disposal, solid waste disposal and 98 utilities, as needed. 99 100 Planning Commission summaries. See the Planning Commission Resolution Nos. 19 and 20 in 101 the November 6, 2006 packet for further information. 102 103 PC Recommendation: Fire Protection. 104 As a proposed Condition of Approval, Planning Commission recommends that the Applicant 105 comply with all Uniform Fire Code and Uniform Building Code standards, provide sufficient 106 emergency access, especially during the construction phasing, and utilize appropriately fire- 107 rated materials as approved by the Snowmass-Wildcat Fire Protection District Fire Marshal. 108 The Construction Management and Phasing Plan should be modified accordingly, as agreed 109 by the Applicant. 110 111 PC Recommendations: Necessary Facilities. 112 The Town Council should make a determination whether or not to defer the `capability to 113 serve' letter from the Snowmass Water and Sanitation District. However, the letter should 114 only be deferred to the submission of the Final PUD application rather than during the115subsequentreviewoftheFinalPUDapplication. In the end, the Applicant should be required 116 to include all necessary upgrades and modifications to meet the requirements of the Snowmass 117 Water and Sanitation District and the current Building Code requirements and any other118applicablestandardstoensurethesafety, operation and longevity of the renovation project. 119 120 (NOTE: This recommendation was provided prior to receiving the attached SWSD letter dated 121 November 16, 2006). 122 123 Staff Comments, Observations, Recommendations or Suggestions: 124 125 1. Pursuant to Section 13 of the application notebook, the Applicant plans to comply with the 126 previous agreement concerning construction techniques for fire protection. There remain 127 ongoing discussions between the Fire District and the Applicant concerning, a) the 128 installation of appropriate emergency communications within all interior areas of the 129 buildings and the parking garages, b) the need for a new fully equipped, turn key, "Telesqurt" 130 fire apparatus, and c) the previously agreed upon construction type or materials. These items 131 should be incorporated into a subsequent resolution. 132 2. The remaining technical comments from the Public Works Solid Waste Division should be 133 addressed or incorporated with the Final PUD submittal. 134 3. The Town Engineer should eventually review the Applicant's final civil drawings in 135 coordination with the service districts for acceptability prior to commencement of 136 construction. 137 138 139 140 141 142 3 143 VARIATIONS — Heights and Buildouts. (Note: Requires separate super- 144 majority votes of Council) 145 Core Issues Question: Are the proposed height and buildout variations acceptable and comply 146 with the Code criteria for the granting of such variations? 147 148 Building Height Variations: 149 As previously provided in an earlier report and pursuant to the application materials and 150 supplemental information previously provided during the course of the review, the front 151 buildings on the south end of the Center site (Buildings A, E, F and G)primarily show worse 152 case height measurements from existing grade. The buildings located in the rear or north side 153 of the site (Buildings H, J, K and L) primarily show worse case height measurements from the 154 proposed finished grades. The proposed redevelopment and expansion require extensive 155 cutting of the hillside to accommodate the several levels of parking garages stepping up the 156 hillside. 157 158 For reference purposes again, below are the edited changes in the application's third 159 amendment regarding worse case building heights from the original Preliminary Plan 160 application: 161 162 a. Building A: 39249.2' (approximately 4%22.6% of building footprint over 38') Note: 163 The building was calculated to the highest roofform on west side of the structure. 164 b. Building E: 35166.9' same (approximately 36-%55.01/o of building footprint over 38'; 165 and approximately 10.9% over 66.5') Note: The tower element is 81.5 feet measured 166 from average existing grade. 167 c. Building F: 35'81_9' same (approximately 49°Oe59.0% of building footprint over 38', 168 and approximately 15.3% over 66.5') 169 d. Building G: 7-2-177_3' (approximately 35%68.3% of building footprint over 38% and 170 approximately 16.1%over 66.5') 171 e. Building H: 55 7.6' (approximately-5,"' 74.8% of building footprint over 38') 172 f. Building J: 3452.5' (approximately 2917483.2% of building footprint over 38') Note: 173 The building increased in height because the finished grade was lowered to 174 accommodate a garage entrance on the south side ofthe structure. 175 g. Buildings K and L: 6(}71_9' (approximately 92-IA78.9% of building footprint over 38'; 176 and approximately 3.7% over 66.5') 177 1, Boil. ing T • 66' (approx. 920% of building footprint e r 38') 178 179 Buildout Variations: 180 The current unit designation for the Center site per the Comprehensive Plan Buildout Chart is 181 45 units and 53,997 square feet of commercial/other space. The residential buildout variation 182 for the site also changed from 141 to 157 unit equivalents (from original Preliminary 183 application to current amendment) mainly as a result of the larger four and five-bedroom units. 184 The proposed buildout commercial/other space with the project is 85,002 gross square feet. 185 186 Affected Municipal Code Review and Approval Criteria: 187 188 Building Height Variations: 189 Since a Code revision in 2004, the Municipal Code in Section 16A-5-300(c)(7) now 190 incorporates a rule that if 50% of a building meets an underlying height limit(or 57 feet in this 4 191 case), it requires a favorable simple majority vote by Council with an acceptable Community 192 Purpose. If a building exceeds 75% of the underlying height restriction (or 66.5 feet in this 193 case), it requires a super-majority vote by Council, exceptional and special circumstances, and 194 a Community Purpose subject to meeting certain review criteria. 195 196 Buildout Variations: 197 Unique and exceptional circumstances plus a Community Purpose are required for buildout 198 variations beyond 100% of the designated buildout for the site. A super-majority vote of the 199 Council is required. 200 201 Planning Commission summaries. See the Planning Commission Resolution No. 21 in the 202 November 6, 2006 packet for further information. 203 204 PC General Findings: 205 Building heights. The Planning Commission acknowledges that: 206 a) The proposed height variations and measurements have been based upon the 38-foot 207 height limitation in the proposed "MU-2" zone district rather than the existing height 208 limit of 29 feet for Building `A' in the Faraway Ranch SPA Plan although any rezoning209wouldnotbeeffectiveuntilafterreviewandapprovalofaFinalPUDapplication, 210 which is generally appropriate given that the applications or requests are being211submittedconcurrently. 212 b) The mass and scale of the proposed development is intended to represent the importance 213 of the Town Core. It is noted that Buildings `E' and `F' have been reduced in scale, in 214 accordance with recommendations made during review of the Sketch Plan in conjunction 215 with the Woodbridge Condominiums Homeowners Association review. The building216heightvariationsfromtheMunicipalCodestandardswiththeproposedunderlyingzone 217 district of`Mixed-Use-2' together with the other variations noted in the previous 218 Resolutions No. 19 and 20, Series of 2006, are required to be approved by super-219 majority vote of the Town Council for this application to proceed. 220 c) The topography on the Snowmass Center site lends itself to taller buildings due to the 221 proposed buildings being set back and stepped back together with their close proximity222tothesteephillsidessurroundingthesite. 223 d) The proposed building heights are generally consistent and compatible with recently224approvednearbydevelopmentsintheTownCorethatincorporatesimilarmassand 225 scale in the area. 226 e) In reference to Ordinance No. 5, Series of 2004, the Applicant has adequately 227 demonstrated the portions of the affected buildings which would exceed the 50% 228 57.0') and the 75% (66.5') rules above the height limit of 38 feet measured both from 229 existing and finished grades as demonstrated in the building height matrix and height 230 calculation sheets in attached Exhibit 'A.' (Note: See Resolution #21 in the 231 November 6, 2006 Council packet) 232 233 Buildout. A greater buildout than what is allowed in the Town Comprehensive Plan is 234 proposed for the proposed Snowmass Center Parcel from a designated 45 units to 157 unit 235 equivalents and from 53,997 to 85,002 square feet of commercial/other space. The 236 proposed buildout will require revision of the Future Buildout Analysis Chart, pursuant to 237 Sea 16A-5-300 (c) (4) b, Planning Commission acknowledges the constraints of 238 development on the subject parcels due to the steep slopes and difficult access. It is also 5 239 understood that the entire development, as proposed; is structured to provide revenue for 240 re-development of the Snowmass Center, affordable housing, additional tax revenue for the 241 Town, and a number of community benefits as to be determined and approved by Town 242 Council. Planning Commission finds that the proposed development will exceed the PUD 243 review criteria standards in the provision of open space, landscaping, multi-modal access, 244 and other features, and as such, provides justification for a reconsideration and amendment 245 of the Chart. 246 247 PC Recommendations: 248 249 Height. In order to achieve the level ofmixed-use and density of development proposed, 250 and due to the constraints of steep slopes and limited access on the site, and as stated in the 251 Sketch Plan approval, it would be necessary to exceed the dimensional limitation for height, 252 which is 38 feet for the proposed `MU-2' zone district. Planning Commission generally 253 accepts the building dimensions as proposed, as more specifically described in attached 254 Exhibit `A,' (see Resolution #21 the November 6, 2006 Council packet) and recommends 255 that a variation from Section 16A-3-300(c) be approved with the PUD Final Plan that 256 includes the following approximate maximum heights for a preliminary plan level of review: 257 258 a. Building A: 49.2' (approximately 22.6% of building footprint over 38') Note: The 259 building was calculated to the highest roofform on west side ofthe structure. 260 b. Building E: 66.9' (approximately 55.0% of building footprint over 38'; and 261 approximately 10.9% over 66.5') Note: The tower element is 81.5 feet measured 262 from average existing grade. 263 c. Building F: 81.9' (approximately 59.0% of building footprint over 38'; and 264 approximately 15.3% over 66.5') 265 d. Building G: 77.3' (approximately 68.3% of building footprint over 38'; and 266 approximately 16.1% over 66.5') 267 e. Building H: 47.6' (approximately 74.8% of building footprint over 38') 268 f. Building J: 52.5' (approximately 83.2% of building footprint over 38') Note: The 269 building increased in height because thefinished grade was lowered to accommodate 270 a garage entrance on the south side of the structure. 271 g. Buildings K and L: 71.9' (approximately 78.9% of building footprint over 38'; and 272 approximately 3.7% over 66.5') 273 274 Buildout. Planning Commission acknowledges the constraints of development on the 275 subject parcels due to the steep slopes and difficult access. It is also understood that 276 the entire development, as proposed, is structured to provide revenue for re- 277 development of the Snowmass Center, affordable housing, additional tax revenue for 278 the Town, and a number of community benefits as to be determined and approved by 279 Town Council. As a result, Planning Commission recommends, pursuant to Sec. 280 16A-5-300 (c)(4)b, that the Town Council adopt an ordinance amending-the Future 281 Analysis Buildout Chart of the Comprehensive Plan to reflect the following: 282 283 Line B56: Faraway North (Woodbridge) 284 Future Zoning: SF-30 285 Future 1 Dwelling Units: 27 U.E. 286 Line B21: Faraway North (Center) -- Eliminate 287 Line B34: Snowmass Center 6 288 Future Zoning: MU-2 289 Future 4 Dwelling Units: 157 U.E. 290 Future Commercial: 85,002 SF 291 292 Staff Comments, Observations, Recommendations or Suggestions: 293 Staff does not necessarily object to the findings and recommendations made by the Planning 294 Commission concerning the proposed variations. However, it should be pointed out the existing 295 buildout designation for Center parcels is 53,997 square feet of commercial/other space and 45 296 dwelling units. The proposal requests development beyond 100% of the buildout designation in 297 both cases. 298 299 As far as residential unit equivalency density is concerned, the proposed buildout is 300 approximately three and one-half times greater than the current buildout designation in the 301 Buildout Chart of the Comprehensive Plan, albeit the proposal has 51 actual units with large 302 three and four bedroom units, which calculates to a higher unit equivalency number. 303 304 305 306 COMMUNITY PURPOSES (NEW ISSUE). 307 Core Issues Questions: 308 1. Are the proposed community purposes for the height and buildout variations acceptable and 309 do the variations achieve the community purpose being proposed? 310 2. Are the exception and special circumstances for the height variations beyond the 75%rule 311 acceptably documented? 312 3. Are the unique and exceptional circumstances for buildout beyond 100% acceptably 313 documented? 314 315 The Applicant's proposal concerning the above noted core issue can be found in the June 2006 316 application notebook as follows: 317 318 Section 14—This section includes findings related to unique and special circumstances for 319 the variations and the previous chart of proposed community purposes (see excerpt in 320 Attachment 7). 321 322 Attachment 8 —Applicant's current proposed list of community purposes as of January 18, 323 2007. Please be advised that this list is different than the one in Section 15 of the application 324 notebook. 325 326 Affected Municipal Code Review and Approval Criteria: 327 See Attachment 9. 328 329 Planning Commission summaries. None related to Community Purposes. Planning 330 Commission felt this issue fell within the realm of Council's review and authority. . 331 332 333 7 334 Staff Comments, Observations, Recommendations or Suggestions: 335 Staffbelieves the review for the appropriateness of community purposes and 336 unique/exception/special circumstances are subjective versus those core issue reviews that 337 measure tangentially against qualitative or quantitative Code criteria. However, Staff has the 338 following observations concerning the Applicant current list of proposed community purposes 339 and the unique/exception/special circumstances: 340 341 Community Purposes for Height Variations: 342 a. Provision of additional affordable housing above the required amount. This qualifies as 343 a community purpose, but the height restriction may not be needed to achieve this purpose as 344 additional stories are proposed for free-market housing as well. 345 b. Dedicate Parcel I to Town; Rezone Parcel I to MU-2. The height variations alone do not 346 achieve this purpose. 347 c. Dedicate Parcel G to Town; Rezone Parcel G to OS. See staff comment above. Also, 348 preservation ofthe open space in the upper and middle parts of the draws behind the 349 Snowmass Center"is a required element of the Comprehensively Planned Area(CPA) for 350 this site. Therefore, the dedication alone for Parcel G should only qualify as a community 351 purpose. 352 353 For exceptional and special circumstances for the proposed height variation, the Applicant has 354 simply referenced previous draft findings by the Council during a previous review of the original 355 Preliminary Plan application(see Attachment 7). 356 357 Community Purposes for Greater Buildout: 358 a. Include restrictions on community retail/office uses and square footage. This might be 359 considered a sustainable development purposes, but "continued mixed-use, including 360 community commercial, office,public uses (post office, grocery and Town Hall) and 361 residential' is to be a considered element per the Comprehensively Planned Area(CPA). 362 b. Construct people mover from Snowmass Center to Base Village. "Improved 363 mobility/connectivity/pedestrian orientation to Base Village and the Mall" is a required 364 element per the CPA. Therefore, the gondola could be interpreted as one means to fulfill this 365 requirement. The gondola connection seems more of a benefit for the residents and the 366 patrons of the Center project. A community purpose related to this item might be the 367 coverage of the operational costs of the gondola in the long term or throughout the year to 368 serve the community as a whole. 369 c. Contribute more than proportional share of cost of regional bus shelter. This might 370 qualify as a"necessary public facility"purpose. However, Staff does not believe that the 371 buildout variation achieves this purpose. 372 d. Provide unrestricted rights of access to adjacent parcels. Connectivity between adjoining 373 development parcels is a typical mitigation standard of the Code. 374 e. Contribute to Bittercress and Brush Creek riparian corridors. The type or amount of the 375 contribution is not defined. 376 f. Convey any and all right, title, and interest to Parcels C, D and E to the Town. A 377 previously noted issue. It seems that this item does not meet the community purpose 378 definitions in the Code. 379 8 380 For unique and exceptional, circumstances for the buildout variation, the Applicant has simply 381 referenced previous draft findings by the Council during a previous review of the original 382 Preliminary Plan application(see Attachment 7). 383 384 Other proposed Community Purposes/Benefits: 385 The community purpose list provided by the Applicant in Attachment 8 is different from the list 386 in Section 15 of the application notebook. For the first time, the Applicant is proposing the 387 sharing the proposed development items as community purposes, community benefits, or 388 mitigation, and in some cases splitting the allocation of these development amenities. Please be 389 advised that there is no such term as "Community Benefits"that is recognized in the Municipal 390 Code, other than a question as to whether"the proposed development in its totality promotes the 391 public health, safety and welfare" (Code Section 16A-5-340(b)(16)). The only criteria that 392 should be considered are qualified "Community Purposes" and the mitigation requirements per 393 current regulations. Below are a few Staff comments on the proposed community purposes or 394 suggested benefit items: 395 396 Gondola alignment. See previous comments above. 397 398 New replacement/relocated wood bridge. The Applicant is proposing this redevelopment 399 element as 85% community purpose and 15% traffic/parking mitigation. However, the 400 existing wood bridge would also seem to serve this purpose. It is being relocated to provide 401 more convenient access to and from the ski slopes primarily for the residents or patrons of 402 the Center project, not necessarily for the community as a whole. Be advised that"enhanced 403 access to surrounding properties" is also a desired element of the CPA for the site, so it 404 seems that the replacement wood bridge should be considered as mostly mitigation to meet 405 this goal. 406 407 Easement through Brush Creek Estates (BCE) to Snowmass Mt. Condos Property. This 408 should not be considered 100% community benefit but mostly a mitigation requirement. 409 Walkways, trails and connections are a requirement of the Code to reduce vehicular trips 410 Section 16A-4-220), and should not be considered a Community Purpose, or 100%benefit 411 as suggested. "Enhanced access to surrounding properties" is also a desired element of the 412 CPA for the site, and therefore, the easement connection should be considered as mostly 413 mitigation to meet this goal. 414 415 Planning study for Town Hall/Kearns Road intersection: Staff finds this to be a study of 416 mitigation solutions or options for the long term rather than as a"community benefit." 417 418 Dedication of Parcel G to the Town as Open Space/Trails: See the previous staff 419 comments. In summary, the height variations do not necessary achieve the community 420 purpose proposed. 421 422 Dedication of Parcel I to the Town. See comment above. 423 424 Proportional share of regional bus shelter on Brush Creek Road, as community benefit. 425 The amount of the proportional share should be eventually determined. The Applicant 9 426 should also install off-site sidewalks on both sides of Upper Kearns Road from Brush Creek 427 Road to,and from the Center site. This item was removed from the community purpose list 428 in the application per the current community purpose list. However, Staff understood that the 429 Applicant verbally committed to installing those sidewalks at the last the last Council 430 meeting. 431 432 Improved covered transit shelter at the Snowmass Center site. Staff has yet to see what 433 this shelter looks like and where it would be located. The Applicant should submit plans 434 illustrating the proposed design for review by the Town. 435 436 Turning lanes on existing streets onto Brush Creek Road. This should be considered 437 mostly as mitigation. The plans have yet to show the turning lanes or the widening of the 438 roadways to accommodate the turning lanes (e.g., two lanes for left turns and right turns 439 leaving the sites). 440 441 Proportional contribution to roundabout. The Applicant's proportional share of the 442 roundabout once determined should be considered as mitigation rather than a portion also as 443 a "benefit." 444 445 Retention of community serving commercial space. Staff does not believe this should be 446 considered 100% community purpose. Pursuant to the CPA for the site, "continued mixed- 447 use, including community commercial, office, public uses (post office, grocery and Town 448 Hall) and residential" ought to be considered elements of a proposed project. The proposed 449 commercial program appears as a mitigation technique to meet this goal. 450 451 Grocery,pharmacy and post office kept operational throughout construction. See 452 comment above. Also, such an arrangement benefits the Applicant as it maintains revenue 453 sources. 454 455 Mixed-use project. This should not be considered 100% community purpose. A mixed-use 456 project is the desire of the Comprehensive Plan policies and the CPA. Employee housing as 457 part of the mix is also a required element per the CPA. 458 459 Provision of H.O.T. beds. This item should not be considered 100% community purpose. 460 A mixed-use project is the desire of the Comprehensive Plan policies and pursuant to the 461 unit-equivalency criteria in the Municipal Code. Large units are also proposed in the project 462 which may not necessarily meet the intent of H.O.T. beds. 463 464 Redeveloped and more attractive community center. It is questionable that the proposed 465 additional height evolves into better design. Additional height and density typically to not 466 equate to better design. Even if the architecture is better than before, such architecture could 467 also be presented on buildings that meet the height limitation. 468 469 Additional employee housing beyond calculated mitigation housing. This item qualifies 470 as a community purpose per the Code. 471 10 472 Drainage solutions. This item should not be considered 100% community purpose. Per 473 current regulations the drainage upgrades are provided to meet mitigation requirements, 474 albeit they would likely improve the quality of the water/drainage leaving the site. 475 476 Removal of deed restrictions for Parcels D and E. The deed restrictions are tied to the 477 provision of employee housing for the most part, not public facilities. This may be 478 considered a benefit,but Staff questions whether this is a community purpose for the 479 development of necessary public facilities. 480 481 Positive outcome of fiscal analysis. The fiscal analysis is a submission requirement to 482 demonstrate the mitigation of costs to the Town and the servicing districts. An updated 483 report to address the Finance and FAB review comments is still forthcoming. 484 485 486 487 RE-ZONINGS (NEW ISSUE). 488 489 Affected Municipal Code Review and Approval Criteria: 490 Pursuant to Municipal Code Section 16A-5-220, the review standards for amendments to the 491 official zone district map of the Town are: 492 493 1. Consistency with the Comprehensive Plan; 494 2. Consistency with the `purpose' of the zone district; 495 3. Compatibility with surrounding zone districts and uses; and 496 4. Whether necessary circumstances exist(e.g., error, changed conditions, community need) 497 498 Planning Commission summaries. See the Planning Commission Resolution No. 21 in the 499 November 6, 2006 packet for further information. 500 501 PC General Findings: 502 1) Rezoning of Center site. As a carry over finding from Resolution No. 3, Series of 2001, the 503 proposed re-zonings from SPA-1 to MU-2 (mixed use) for the proposed reconfiguration of 504 the Snowmass Center Parcel and Parcels A, B, F, and I, and Open Space (OS) for Parcel G of 505 the Faraway North Ranch Parcel Map, remains consistent with the Comprehensive Plan and 506 are appropriate for the area due to the stated goals of increased vitality and enhancement of507communityandvisitorservicesintheTownCore, along with conservation of open space, 508 protection of the Brush Creek watershed, and expansion of trails and non-vehicular transit 509 options. Further, there are changed conditions in the area that justify the proposed zoning510amendments, and the re-zonings seem compatible with surrounding zone districts and uses. 511 2) Rezoning of Brush Creek Estates site. Even though not remanded by the Town Council, 512 Planning Commission acknowledges that the proposed rezoning from SPA-1 to SF-30 513 single-family area) of Parcels H, together now with Parcel H-1 pursuant to the second and 514 third amendments to the application, is not consistent with the Comprehensive Plan as per the 515 previous carry over finding from Resolution No. 3, Series of 2001. However, the proposed 516 single-family development continues to maintain a high percentage of open space and would 517 likely have less impact than a multi-family development in terms of site disturbance, 518 construction of impervious surfaces, and generation of vehicle trips. As such, the proposed 519 rezoning to SF-30 for four single-family detached residential units and the common lot area 11 520 on Parcels H and H-1 is appropriate and seems compatible with surrounding zone districts 521 and uses. 522 523 Staff Comments, Observations, Recommendations or Suggestions: 524 Staff does not necessarily object to the findings of the Planning Commission. 525 526 527 528 OVERALL CONSISTENCY WITH THE COMPREHENSIVE 529 PLAN (NEW ISSUE). 530 531 Affected Municipal Code Review and Approval Criteria: 532 Section 16A-5-310. Review Standards. 533 Consistency with Comprehensive Plan. A few of the policies and recommendations that 534 apply include: 535 1. Complement and integrate development into the existing character of Snowmass Village, 536 reflecting a minimally built environment... 537 2. Preserve the community character of Snowmass Village through intelligent land use; 538 sensitive design; compatible mass, scale and density; and full evaluation and mitigation 539 of impacts caused by new development; 540 3. Create a compact, clearly defined and well-connected Town Core with services and 541 housing in proximity to each other. Density and growth should be concentrated in the 542 Town Core areas and land uses should support a place where visitors and locals can 543 interact. Note that the Comprehensive Plan shows the Center site subdivision area, the 544 front pad sites and the Point site within the Town Core boundaries, but not Parcels A, F 545 and G east of and above the existing Center. It may be questionable whether high 546 density was ever envisioned in the areas around or above the Center other than that 547 shown in the Buildout Chart. It appears per the CPA elements below that the clustering 548 of residential uses in that area was envisioned under the buildout designation. 549 4. Elements that shall be accommodated in the Faraway Ranch North Comprehensively 550 Planned Area (CPA) include: a) improved mobility/connectivity/pedestrian orientation 551 to Base Village and the Mall, b) employee housing, c) preservation of the open space in 552 the upper and middle parts of the draws behind the Snowmass Center, and d) 553 preservation of trails and other recreation areas. 554 5. Elements that could be considered in the Faraway Ranch North CPA include: a) 555 enhanced access to surrounding properties,b) continued mixed-use, including 556 community commercial, office, public uses (post office, grocery and Town Hall) and 557 residential, c) redevelopment ofthe Snowmass Center, d) creation of an informal 558 meeting place for the community, and e) clustering residential dwellings at the base of 559 the draws. 560 561 Planning Commission summaries. See the Planning Commission Resolution No. 21 in the 562 November 6, 2006 packet for further information. 563 PC General Findings: 564 The third amendment to the Preliminary Plan application remains consistent with the intent of 565 the Town's Comprehensive Plan, including that it: 566 a) complements and integrates the proposed development into the existing character of 567 Snowmass Village; 568 b) preserves the community character of Snowmass Village through intelligent land use; 569 sensitive design; compatible mass, scale and density; and full evaluation and mitigation 570 of impacts caused by the new development; 12 571 c) assists with creating a compact, clearly defined and well-connected Town Core with 572 services and housing in proximity to each other; 573 d) incorporates elements that shall be accommodated in the Faraway Ranch North 574 Comprehensively Planned Area (CPA) including: a) improved 575 mobility/connectivity/pedestrian orientation to Base Village and the Mall, b) employee 576 housing, c) preservation of the open space in the upper and middle parts of the draws 577 behind the Snowmass Center, and d) preservation of trails and other recreation areas; 578 and 579 e) incorporates elements that could be considered in the Faraway Ranch North CPA 580 including: a) enhanced access to surrounding properties, b) continued mixed-use, 581 including community commercial, office, public uses (post office, grocery and Town 582 Hall) and residential, c) redevelopment of the Snowmass Center, d) creation of informal 583 meeting places for the community, and e) clustering of residential dwellings at the base 584 ofthe draws. 585 586 Staff Comments, Observations, Recommendations or Suggestions: 587 Staff does not necessarily object to the findings of the Planning Commission. The provision of 588 certain development items in the proposed project that also seem to mitigated the required or 589 desired elements in the CPA for the site should not necessarily be considered as Community 590 Purpose items if viewed as meeting the goals of the CPA. 591 13 ATTACHMENT 3 TC Report 2-5-07 9-Jan-07 Page 1 of 4 Snowmass Center Redevelopment PUD Guide Community Serving Commercial Uses A Allowed N Not Allowed Community Serving Commercial Use Level 1 Level 1 Main Upper IN Grocery separate store Level 28 Level 3 Community Retail Art and Craft Supplies N A A A Art Galleries and Dealers N N A' A' Boutique N A A A Cooking Supplies A A A A Designer Clothing Store N A A A Drug Store/Pharmacy` A N A N Dry Goods N A A A Furniture Design and Sales N A A A Furniture Store N A A A Garden Supplies N A A A General Apparel (excluding Fur Stores)N A A A Gift Shop N A A A Grocery Store' A N A N Hardware A A A A Homeware A A A A Jewelry and Service 2 N N A2 A2 Kitchen and Appliance Store N A A A Liquor Store A A A N Pet Supplies A A A A Pipe, Cigar and Tobacco Store N A A A Shoe Store N A A A Sunglass Shop N A A A Tanning Salon N A A--- A--- Tattoo/Piercing Parlor N A A A T-shirt and Souvenir 3 N N A3 A3 Variety Store N A A A Vitamin and Food Supplement Store _ — A — — A Notes Grocery store, drug store and government offices(post office)are exempt from maximum size constraints. Minimum 15,000 sf on level 1 for grocery store/market and uses within store 1 Maximum one art gallery per level on levels 2 and 3. 2 Maximum one jewelry store of 750 sf. 3 Maximum one T-shirt and souvenir store on levels 2 and 3 4 Maximum one electronics/computer store on levels 2 and 3 8 The maximum area for any one store on level 2 is 6,000 sf. The store may have additional floor area on another level. However, the grocery store, drug store and government offices(including post office) are exempt from maximum size constraints. MCM V ID iV a L Page 1 of 4 Snoemlass Village Community Development ATTACHMENT 3 TC Report 2-5-07 Snowmass Center Redevelopment PUD Guide Page 2 of 4 Community Serving Commercial Uses A Allowed N Not Allowed Community Serving Commercial Use Level 1 Level 1 Main Upper IN Grocery separate Store Level 28 Level 3 Community Services Alterations A N A A Animal Grooming N A A A Audio Visual Equipment and Repair N A A A Banking A A A A Barber Shop N N A A Beauty Shop N N A A Cellular and Wireless Sales and Service A A A A Dance Studio N N A A Dry Cleaners A N A° A° Electronics/Computer Hardware/N N A A Software Sales and Support° Financial Institutions N N A A Florist A N A A Locksmith A N A A Massage Parlor N A A A Office Supply N A A A Mailing/Delivery Service N N A A Printing/Copying Services N N A A Repair related to allowed uses in this category A A A A Salon N N A A Shoe Repair A N A A Sign Shop N A A A Travel Agency N N_ A _ A Watch Repair and Sales N A A A Notes Grocery store, drug store and government offices(post office)are exempt from maximum size constraints. Minimum 15,000 sf on level 1 for grocery store/market and uses within store 1 Maximum one art gallery per level on levels 2 and 3. 2 Maximum one jewelry store of 750 sf. 3 Maximum one T-shirt and souvenir store on levels 2 and 3 4 Maximum one electronics/computer store on levels 2 and 3 8 The maximum area for any one store on level 2 is 6,000 sf.The store may have additional floor area on another level. However,the grocery store, drug store and government offices(including post office) are exempt from maximum size constraints. 11``1..1L1i V ' 1L7 JAN 0 2007 Snow mass Villege Community Development Page 2 of 4 ATTACHMENT 3 TC Report 2-5-07 Snowmass Center Redevelopment PUD Guide Page 3 of 4CommunityServingCommercialUses A Allowed N Not Allowed Community Serving Commercial Use Level 1 Level 1 Main Upper IN Grocery separate Store Level 28 Level 3 Recreational/Hobby Book Store A A A A Fitness- Personal Training, Yoga N N A A Health Club or other Recreational Facility Music Store A A A A Photography Store A A A A Video Store A A A A Restaurants/Eateries 5 Bakery/Pastry Shop A N AS A5 Caf(§ A N A5 A5 Candy Store A A AS A5 Catering A N A5 AS Coffee Shop A N AS As Delicatessen A A A5 A5 Gourmet Foods A A A5 A5 Ice Cream Parlor A A AS A5 Juice Shop A A A5 A5 Restaurant A N AS A5 Entertainment Arcade N N A A Commercial Entertainment N N A A excluding adult uses) Movie Theatre N_N A A Night Club N N A _A Performing Arts N N A A Theatre N__ N A A Youth Center N N A A Notes 5 On level 2, maximum 8,000 sf restaurant/eatery use, minimum 4,000 sf. 6 On level 2, maximum 7,000 sf professional offices. Each office to be a maximum of 2,000 sf on level 2. 1Pell V 1feJlJ7 2607 Snowmass Village Community Developmamt Page 3 of 4 ATTACHMENT 3 TC Report 2-5-07 Snowmass Center Redevelopment PUD Guide Page 4 of 4 Community Serving Commercial Uses A Allowed N Not Allowed Community Serving Commercial Use Level 1 Level 1 Main Upper IN Grocery separate store Level 28 Level 3 Professional Offices s Associations and Organizations N N As As Audio-visual Consulting N N As Ae Building Contractors N N As As including plumbing and electrical) Employment Agency N N As As Government Offices (including Post Office)" N N As As Housecleaning and Janitorial Services N N As As Insurance Office N N As Ae Interior Decorating N N AB As Medical Offices e.g. Chiropractor, Dental N N As As Opticians and Therapeutic Offices Landscape Contractors N N As As Private Clubs N N Au A9 Professional Services N N As As e.g. Architecture and Engineering Property Management Offices N N As Ae Publishing N N As As Real Estate Offices ' N N As As For additional uses not listed in the chart above: A use that is not specifically called out, but is clearly part of an included type of use, e.g. a specific type of professional service, is permitted in the same way the type of use is permitted. A use that is not specifically called out, but is very similar to an included type of use, as determined by the Planning Director, is permitted in the same way the type of use is permitted. Notes Grocery store, drug store and government offices(post office)are exempt from maximum si Minimum 15,000 sf on level 1 for grocery store/market and uses within storeyV' 1 Maximum one art gallery per level on levels 2 and 3. 2 Maximum one jewelry store of 750 sf. JAN ; ( 2 73MaximumoneT-shirt and souvenir store on levels 2 and 3 4 Maximum one electronics/computer store on levels 2 and 3 Snowmass ViIIEge 5 On level 2, maximum 8,000 sf restaurant/eatery use,minimum 4,000 sf. Community Development 6 On level 2, maximum 7,000 sf professional offices. Each office to be a maximum of 2,000 sf on level 2. 7 On level 2, maximum two permanent real estate offices of 4,000 sf total area. In addition, the owner/developer may have one temporary real estate office of up to 2,000 sf on level 2 through completion of sales for the project. 8 The maximum area for any one store on level 2 is 6,000 sf. The store may have additional floor area on another Ievel.However, the grocery store, drug store and government offices(including post office) are exempt from maximum size constraints. 9 On level 2, maximum 7,000 sf permited use requiring Special Review Page 4 of 4 ATTACHMENT 4 TC Report 2-5-07 Brush Creek Capital Holdings, LLC 132 West Main Street,Ste.A Aspen, CO 81611 Phone 970-544-0620 Fax 970-920-3384 Jim Wahlstrom, Senior Planner Town of Snowmass Village Planning Department L.tU11 u 1t'e0016KearnsRoad P.O. Box 5010 JAN .; n 2007SnowmassVillage, CO 81615 a0o v<January 29, 2006 Re: Community Commercial Mix,Private Clubs and Valet Parking Dear Jim; In response to Council's discussion regarding private clubs within the commercial core of the Snowmass Center, Brush Creek Capital Holdings, LLC suggests the following: Private Clubs and their associated uses, specifically parking, are a permitted use requiring Special Review. BCCH currently has no plans for a private club, but would like to keep the option available and make a commitment to come back to Council upon such a time that BCCH desires to have a private club within the Center's commercial core, i Best Regards, t 4I' Patrick Smith Brush Creek Capital Holdings, LLC I OL-4C> v%/A4'Tr--.. SNOWMASS VILLAGE ATTACHMENT 5 TC Report 2-5-07 P,llkllr Wot;ks Degartmentt MEMO TO: Hunt FROM: Dave Ogren DATE: 8/2/06 RE: Snowmass Center Redevelopment Hunt after reviewing the amended Snowmass Center proposal, I have compiled a list of concerns regarding this project: In the written text, the compactor sizes are listed as 58 yard for cardboard it is actually a 35-yard and the trash compactor is listed as a 8.5 and it is a 6yard rear load compator. Thay also say they will replace the 6 yard trash compactor with a 15 yard I recommend that they replace this with a 35 yard self contained unit sins the space and cost are the same and this will maximize the available space for trash. The plans show that two roll off compactors located in the loading dock area on the north east side of the loading dock. The compactors are shown one in front of each other this will not work for truck access. They must place both units side by side for truck access. The ceiling height in the dock area looks like it is 21 feet. If the roll off compactors sit on floor level as in the plans this is not enough room to load them onto the truck. They must put the compactors on a 4'loading dock and using winches to of load from the truck and this will allow for a lower ceiling height. Minimum off 17 foot for recycle truck including any mechanical) I can not tell from the plans but the floor level in front of the loading dock can not have any pillars or posts supporting the second floor or this will obstruct the turning movements in the garage area, this is a big question mark ? 3745 OWL CREEK ROAD, P O BOX 5010, SNOWMASS VILLAGE, COLORADO 81615 970)923-5110 (fax)(970) 923-3794 works cutosv.com www.tosv.com ATTACHMENT 6 TC Report 2-5-07 November 16, 2006 W SNOWMASS James Wahlstrom WNIVA & SANITATION Senior Planner D i s r R I c r P.O. Box 5010 Snowmass Village, Colorado 81615 Re: Snowmass Water and Sanitation District review of The Snowmass Center Land Use Submission Dear Mr. Jim: The Snowmass Water and Sanitation District is capable of providing potable water and sanitary sewer service to The Snowmass Center Redevelopment project that is subject to the Brush Creek Capital Holdings, LLC Land Use submission. All of the property contained within the submission is within the District boundaries. Snowmass Water and Sanitation District does not currently have the infrastructure and water storage facilities to serve all aspects of the submission. The Brush Creek Capital Holdings, LLC will be required to relocate lines and install facilities prior to the provision of water and sanitary service as determined by the District. The District will require the Brush Creek Capital Holdings, LLC to enter into a line extension agreement in accordance with the Districts Rules and Regulations. This will include a detailed review of the submission by the District engineer to specify the location and exact facilities that will be required. Please feel free to contact me with any question or concerns. Sincerely, Kit Hamby District Manager Nov t 2eo cc: Chris Conrad Grant Melius file SNOWMASS WATER& SANITATION DISTRICT • POST OFFICE BOX 5700•0177 CLUBHOUSE DRIVE • SNOWMASS VILLAGE • COLORADO 81615 TELEPHONE 970.923.2056 • FACSIMILE 970.923.6271 •ww .swsd.org ATTACHMENT 7 TC Report 2-5-07 Extract from Snowmass Center Redevelopment Land Use Application dated June 23, 2006: Section 14. The following section describes the unique and special circumstances for the variations. The attached chart presents a ftdl list ofcommunity purpose items. C. Findings Related to Community Purposes for Variation Requests Community Purposes and the relationships to associated variation requests shall be recognized by the Town and provided by the applicant as follows: 1.Variation from Dimensional Limitation for Height a. Provide additional affordable housing above the required amount; b. Dedicate Parcel I to Town; Rezone Parcel to MU-2; c. Dedicate Parcel G to the Town; Rezone Parcel G to OS (Open Space) Council finds the buildable area of the site area is constrained by unbuildable steep slopes and unsuitable geologic conditions, and outside of the existing commercial structure, parking areas, and circulation, it would be difficult to accommodate the buildout of 45 units (at 1750 s.f. = 1 U.E.) designated in the Comp Plan in structures that would not exceed 38 feet while still providing all of the desirable site amenities. The granting of a variation for height for Buildings E and F is necessary as an incentive for providing additional restricted housing units because of the limitation in total buildable area, necessitating taller structures ("vertical density"). In addition, Council finds the granting of a variation for height is necessary as an incentive for providing additional open space in that constructing the allowable amount of density would decrease the amount of open space areas unless taller buildings were permitted. 2.Greater Buildout a. Include restrictions on community retail/office uses and square footage b. Construct people mover from Snowmass Center to Base Village c. Contribute more than proportional share of cost of regional bus shelter d. Provide unrestricted rights of access to adjacent parcels e. Contribute to Bittercress Park and Brush Creek riparian enhancements f Convey any and all right, title, and interest to Parcels C,D,and E to the Town of Snowmass Village. Council finds that Greater Buildout would provide an incentive for placing restrictions in the PUD Guide that encourage sustainable development, and added revenue from the sale of additional market-rate units would help subsidize the renovation of the Snowmass Center and ensure retention of community-serving office and commercial uses as delineated in the Comp Plan. The overall proposal is designed to create "a sense of place where one can live and work within a small defined service area as well as where recreation, public transportation, open space, personal services, and shopping are within reasonable walking distance," as the Code states. January 18, 2007 Proposed Action Commmunity Purpose Community Benefit Mitigation A PEOPLEMOVER CONNECTORS 1. Gondola to Base Village installation - pay for planning, design, Buildout Variation 85% as per Traffic/ parking 15% coordination with Base Village, installation of system, Comprehensive Plan goals foundations at center e. Develop necessary public facilities 2. Gondola to Base Village Operation - Center to pay for running Buildout Variation 85% as per Traffic/ parking 15% gondola Comprehensive Plan goals 140 days per year- 8: 30 to 5, form GID district to pay for e. Develop necessary public maintenance and additional operation - pay proportional share facilities 3. New Woodbridge- New Wood Bridge, ADA accessible, lit, and Buildout Variation 85% d. Traffic/ parking 15% provide better connectivity to the Center, entry image for town, Encourage better design. e. 7 7 Develop necessary public facilities 1P 11 j AN 1 y 2G01 C. TRAIL IMPROVEMENTS massVllaage QQm Unity Development 1. Easements for pedestrian links to Parcel C 100% 2. Reconstruction and enhancement of trail from Woodbridge 100% 3. Improved/ refurbished par course. 25% 75% 4. Easement through BCE to Snowmass Mt. Condos Property. 100% D. BRUSH CREEK ENHANCEMENTS 1. Bill J recommendations- wetland mitigation Mitigation n n 2. Riparian planting/ restoration Mitigation o = 3. Financial contribution to extending the Mayfly trail through Parcel 100% 0 m CM a N Z c b — I A V January 18, 2007 Proposed Action Commmunity, Purpose Community Benefit Mitigation E. CONTRIBUTIONS TO TOWN HALL 1. Planning study for Town Hall/ Kearns Road Intersection 100%- Study is complete 2 Contribution to Water and Sanitation for the new water use 50% 50% demand model ( paid Center and Town hall' s shares) 3 Provided temporary easement for the temporary power and 100% placed utilities. F. OPEN SPACE CONTRIBUTIONS 1. Dedication of Parcel G to Town as Open Space/ Trails: 11 acres 100% for height variation. c. Provide open space 2. Dedication of Parcel I to Town 100% for height variation. c. Provide JKIN 1 i? Lutt i open space Snavmass Village G. ROADITRANSPORTATION CONTRIBUTIONS r1murtity Devetopmast 1. Proportional share of off- site regional bus stop shelter as per 100% shelter structure in front of the Timbers. 2. Improved covered transit shelter at the Snowmass Center Site 50% 50% 3. Turning lane on Lower Kearns Road at Brush Creek Road 50%- road is 50 % Mitigation 150% ntly below A. Turning lane on Lower Woodbridge Road at Brush Creek Road road is 50% Mitigation ntly below 5. Widening Upper Woodbridge Road at Project Driveway 100% Mitigation 6. Proportional contribution to roundabout 50% D H. COMMUNITY SERVING COMMERCIAL SPACE- For Buildout Variation Request) 1. Permanent retention of community serving commercial space 100% for buildout variation. b. n n through PUD Guide and restrictions- 100%. Encourage sustainable so development. e. Develop o necessary public facilities 1 m N Z N o b — I A V 00 January 18, 2007 Proposed Action Commmunity Purpose Community Benefit Mitigation 2. Grocery, pharmacy and post office kept operational throughout 100% for buildout variation. e. construction. Extends construction period and costs. Expense of Develop necessary public facilities relocating other tenants during construction. I. VIBRANT COMMUNITY CENTER 1. Mixed use project- retail, office, commercial, employee and 100% for buildout variation per goals freemarket housing of Comprehensive Plan. b. Encourage sustainable development 2. Provision of H. O. T. beds 100% for buildout variation per goals 17 t YT qty\, of Comprehensive Plan. b. 11LL iilliUU! Encourage sustainable development. e. Develop C •. uli l 3. Redeveloped and more attractive community center 100% for height variation. d. ntasa U4 Encourage better design. Dav'` Qrn.^ nY J. EMPLOYEE HOUSING 1. Additional community purpose housing provided onsite- 6, 000 sf 100% for height variation request. a. Provision of restricted housing. K. OTHER 1. Long term solution to drainage issues near Woodbridge- 50% 50% D Benefits adjacent properties 2. Removal of deed restrictions for Parcels D and E in the draw 100% for height variation. e. Develop area 4 necessary public facilities n D 3. Positive Outcome of Fiscal Analysis 50% 50% m _ p O m Nzw , tJr C G A V 00 January 18, 2007 Proposed Action Commmunity Purpose Community Benefit Mitigation The yellow shading indicates that the proposed action is in addition to the items proposed in the 2002/ 3 Application. JU( C NED 1 y but Snotvmass Vdiage Community Development D 0D0 o m z A N p A V 00 Art. V, Div. 3, Planned Unit Development §16A-5-300(c)(7) ATTACHMENT 9 TC Report 2-5-07 Page 1 of 2 6) Community purposes for PUDs. The Comprehensive Plan identities certain purposes the community intends to achieve as it develops. The following purposes shall be used in determining whether the buildout for a PUD may exceed sixty-five percent (65%) of that identified in the buildout analysis and whether any of the parcel's dimensional limitations should be varied: a. Provision of restricted housing. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to offer an incentive to applicants to provide more restricted housing within the PUD than would otherwise be required by this Development Code,particularly in those priority locations for such housing identified within the Comprehensive Plan. b. Encourage sustainable development. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to encourage sustainable development within the Town that diversifies the mix of lodging,retail and dining uses and that is consistent with the intent ofthe Comprehensive Plan. Sustainable development may be of the type that creates a sense of place where one can live and work within a small defined service area as well as where recreation, public transportation, open space, personal services and shopping are within reasonable walking distance. It may also be where the development includes positive social, environmental or economic benefits that significantly contribute to, greatly enhance or are determined necessary for the sustainability of the community as a whole. c. Provide open space and/or avoid wildlife habitat. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to provide necessary site planning Flexibility to enable the development to provide more and higher quality open space or to conserve critical wildlife habitat lands. This shall be accomplished in such a way as to maintain these lands as large, contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development, unless the applicant demonstrates that this arrangement will result in the most suitable development pattern for the property, and that the lands providing valued open space or critical wildlife habitat have been protected. Where applicable, connections of such lands on the site to such lands on adjacent properties shall be accomplished. d. Encourage better design. A parcel's dimensional limitations may be varied (but its maximum buildout may not be achieved)to allow for greater variety in the type,design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration,with other buildings in the PUD and with surrounding uses,yet shall avoid uniformity of design. Various types of residential uses may be combined within the PUD when allowed by the underlying zone district), to promote more efficient land use patterns and increased open space. e. Develop necessary public facilities. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to provide an incentive for an applicant to develop, or contribute to the development of, necessary public facilities, such as public parking and transportation facilities, public recreation facilities and other public facilities consistent with the 16A-128 Supp. 13 Art. V, Div. 3, Planned Unit Development §I 6A-5-300(c)(7) ATTACHMENT 8 TC Report 2-5-07 Page 2 of 2 intent of the Comprehensive Plan and the Town's goals and objectives. The facilities may be located within or outside of the PUD, but shall be facilities beyond the required mitigation for the project that meet the needs not only of project residents, but also of other residents of and visitors to the Town and shall promote, generally, the public health, safety and welfare. Achieving one (1) or more of the applicable purposes listed above does not, by itself, grant any development entitlement for the buildout of a PUD to exceed sixty-five percent (65%) of that identified in the buildout analysis or for any of the parcel's dimensional limitations to be varied. 16A-129 Supp. 13 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: HUNT WALKER, INTERIM TOWN MANGER SUBJECT: MANAGER'S REPORT DATE: February 5, 2007 Community Satisfaction Survey— Kathleen Wanatowicz As part of the Construction Management Plan and our ongoing efforts to engage the public, I am requesting the approval to go forward with implementing a Community Survey this season. Every other year after this year, it is suggested to administer a Community Survey as part of our organizational objectives. The Town of Snowmass Village needs consistent measurable data on town services, customer service, and customer satisfaction. I have requested that RRC and Associates provide us with three different options on how to approach a survey. Please see attached options. It is suggested that Town Council approves Option Two: Mailback Survey and Internet Option survey, this options reaches more people and second homeowners, as well as, those who would rather take a survey online. The total cost for administering this is $11,000. Questions on the survey will address everything from levels of satisfaction of town services to impacts of growth and construction. Fairway Drive Landscaping Project The Town has received a request to landscape the entrance to the Fairway Drive/ Beaver Court Community. A landscape plan and budget for this project hasn't been developed; it is just in the conceptual stage. If the Council approves of moving forward with the project, staff would develop a plan and cost estimate. The Fairway Drive property owners would be responsible for watering and maintaining the landscaping after it is installed. RRC A S S O C I A T E S Research• Planning• Design January 22, 2007 Kathleen Wanatowicz Community Relations Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 via email: kwanatowicz a tosv.com Dear Kathleen: We appreciate the opportunity to provide you with the following proposal to conduct a citizen survey for the Town of Snowmass Village to determine community perceptions and attitudes regarding a number of different topics. RRC Associates is experienced in conducting these types of surveys in a variety of communities and we are confident that we can customize a research program to meet your needs. Prior Experience. As you are aware,we have conducted similar studies for a number of mountain resort communities including Vail, Breckenridge, Steamboat Springs, Estes Park, Telluride,Pagosa Springs, etc. In addition, we have also conducted a number of housing and transportation-related studies in the Snowmass/Aspen/Pitkin County area. As a result, we are familiar with many of the issues related to conducting surveys in your area. In addition,we propose to offer some comparisons to work we have done in other mountain towns as a means of"benchmarking" some of the Snowmass findings. We suggest the Town consider the following three alternative approaches for the community survey: 1. A Web-based Survey. We understand the Town has an email list that could be used as a base list for the community survey. We propose that the Town consider mailing to the available list. In addition, the Town could also encourage additional participation through advertising and other promotional efforts to invite citizens and second homeowners to complete the survey on an"open" web site. This technique would also result in building a more extensive list of"opted in" households. This list would allow the Town to efficiently communicate directly with interested citizens about various topics, including issues related to ongoing construction. 2. A Mailback Survey with an Internet Option. A mail survey could be distributed to all known permanent residences and a sample of Snowmass Village second homeowners. (We recommend an initial mailing to all available resident households using the best available list,and approximately 600 second homeowners using the Assessor's data base. ). A mailback survey would provide an efficient means of reaching residents and second homeowners alike. The cover letter to the mail survey would invite response via either completing the enclosed mailback survey (in the postage paid envelope to be provided) or via an Internet survey by going online to an address that we will provide. The mail and Web surveys would be very similar, allowing data from both sources to be reviewed separately,then merged ifit is deemed appropriate. The point ofproviding both types of opportunities to complete the survey is to allow maximum flexibility for respondents; some prefer 4940 Pearl East Circle, Suite 103 • Boulder, Colorado 80301 • TEL 303/449-6558 • FAx 303/449-6587 K. Wanatowicz Town of Snowmass Village 1/22/07 pg. 2 the mail format while others prefer the Web. The two options can be provided at relatively minor additional cost. 3. A Combination of a Mail/Web Survey with Telephone Followup. This approach would combine both mail/web and telephone techniques. We suggest that if you choose this approach you might consider an initial mailing of 1,500 resident households and 1,000 second homeowners, as well as a telephone"followup" survey to 100 households. This approach allows the issue of non-response"to be addressed through telephone surveys and while it may be unnecessary, it is worth considering as you evaluate your options. Each ofthese approaches has its respective pros and cons; all are credible and frequently utilized research methods. The addition of the telephone survey adds cost and addresses the"non-response bias"which is sometimes viewed as a concern in mailback surveys(except that a portion of households do not have land line telephones, or will refuse to participate). The mailback/Web survey is less expensive than adding the costs of telephoning and permits the respondent to complete the questionnaire in the privacy and convenience of his home; however, only a portion of households receiving the survey(typically anywhere from 20 to 25 percent)will take the time to do so. Whatever the method for fielding,we anticipate that the survey would be designed to address a number of topics of local interest. In addition, we would also include a variety of demographic questions such as age, gender, length of residency, location of residence, occupation,household income, voter registration and recent election participation. These questions will help analyze the results of the survey; responses would be reported both in terms of overall responses,but also by the various demographic segments. Budget. The estimated budget and the anticipated products associated with each of the three alternative approaches is summarized as follows: 1. Web Survey RRC would design and prepare an email survey for distribution to your list, and to other respondents that would be solicited through the advertising. The report would include both an executive summary of key findings as well as a more detailed discussion of results and their implications. If desired, RRC could also provide a brief Power Point package of the report highlights. The cost of this work would be$7,500. 2. Web/Mail Survey RRC would print cover letters and surveys, as well as postage paid return envelopes, and field both a mailback and Web version of the survey to a total of approximately 1,500 resident/second home households. Additionally, we will provide unique codes for the surveys to ensure that there is no falsification of forms. Our budget is all-inclusive and anticipates the cost of survey development and production, implementation, tabulation of the results by key population segment, and a short written overview report. The report would include both an executive summary of key findings as well as a more detailed discussion of results and their implications. If desired, RRC could also provide a brief Power Point package of the report highlights. The cost of this work would be 11,000. K. Wanatowicz Town of Snowmass Village 1/22/07 pg. 3 3. Mail/Phone Survey This approach involves conducting a mailback survey among 1,500 resident households and 1,000 second homeowners, as well as a telephone follow-up. This estimate includes design, printing and mailing of the surveys, data entry and analysis, and report writing (all steps identified above) as well as completing 100 telephone calls. The format of the report would be similar to that noted above, but the reporting would be slightly more complex to address the three types of data collection. The cost of this approach would be approximately$13,000. As mentioned previously, all of these approaches are reasonable methodologies. We can discuss specifics regarding which one would be best for your purpose. In developing these approaches we are focused on finding the appropriate balance between a large enough sample size and the lowest possible costs. Depending upon your resources, needs and objectives, we could modify the survey method selected to either increase or decrease the sample size. In any case, we would work with you on development of the questionnaire and the report formats in order to provide you with the best possible product. I would serve as principal in charge of the research effort, and Mike Simone would be the Senior Research Analyst and the person most involved in the implementation of the project. Mike has served in a similar role on a number of community surveys that we have completed over the past several years. We are excited about the potential to work with you on this project. As mentioned, we have considerable experience in working on these types of projects, and recognize their importance to the community. Please let us know if you have any questions or need further information. We look forward to hearing from you. Sincerely, RRC ASSOCIATES, INC. Director RRC ASSOCIATES RESEARCH • PLANNING • DESIGN 4940 pearl east circle I boulder,co 80301 1 303.449.6558 1 www.rrcassoc.com RRC's Community Survey Experience RRC has extensive experience with community surveys for towns and cities as a tool for obtaining input to comprehensive plans. Typically, the goal of the studies is to obtain citizen input on a variety of topics related to determining community needs and priorities for the future (and how they will be paid for), as well as evaluating current city services. Frequently the goal is to establish and imple-ment a comprehensive vision of a city's future, supported by community-wide consensus. The studies also assist in the formulation of policy statements that guide the assessment of city Comprehensive Plans and Growth Management Policies. Some recent clients include: Wheat Ridge Neighborhood Revitalization Strategy Study Town of Carbondale Retail Expenditure Survey Telluride Comprehensive Plan Town of Pagosa Springs, Community Survey 4 City of Norman, Oklahoma Community Survey Washington City, Utah Community Survey City of Steamboat Springs Community Survey Town of Vail Community Survey North Lake Tahoe Community Survey Town of Erie, Colorado Community SurveyY Telluride Master Plan Town of Breckenridge Community Survey Park County, Colorado Planning Survey Glenwood Springs Community Survey Chaffee County Planning Survey Grand County,Colorado Master Plan Survey 14j N 4te i yu Washington City,Utah Community Survey t Steamboat Springs Community Survey y North Lake Tahoe Community Survey l.: Breckenridge Community Survey Town of Vail Community Survey I The State of Vail Project r Breckenridge Community Survey SNOWMASS VILLAGE REGULAR MEETING MINUTES DECEMBER 18, 2006 Mayor Douglas Mercatoris called to order the Regular Meeting of the Snowmass Village Town Council on Monday, December 18, 2006 at 3:35 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Douglas Mercatoris, John Wilkinson, Arnie Mordkin and Reed Lewis COUNCIL MEMBERS ABSENT: Sally Sparhawk STAFF PRESENT: Hunt Walker, Acting Town Manager, John Dresser, Town Attorney; Joe Coffey, Housing Manager; Rhonda B. Coxon, Town Clerk; Terri Everest, Housing Secretary; Jason Haber, Economic Resource Director PUBLIC PRESENT: Rick Griffin, Mel Blumenthal, Dean Derosier, Don Schuster, Catherine Lutz, Mark Vogel, Pat Smith, Jim Gustafson, Carey Shanks, Sheri Sanzone, Mark Lewis, Hank Hayes, Mike Gonzales, Suzanne Richmond, Steve Alldredge and other members of the public interested in Agenda items for this Meeting. Item No. 2: HOUSING GUIDELINES DISCUSSION Housing Manager Joe Coffey explained the Housing Guidelines were last updated in 2003 and have worked well, although felt they should be reviewed and potentially undated. He said that the goal was to make the guidelines work for the majority of employees. Coffey explained that the new Rodeo Place Employee Housing project would require a lottery in the near future and requested Council direction. Council discussed staff recommendations and agreed that the Town should conduct two lotteries since the project would be constructed in two phases, and also agreed that the Town should require a minimum of two people to purchase a two-bedroom single-family home. A member of the Housing Advisory Committee developed in 2001; Rick Griffin agreed that the Town should require a minimum of two people to purchase a two-bedroom single-family home. Resident Dean Derosier stated that he felt the restriction to be unfair and could be interpreted as discriminating. Coffey explained that there would be four duplex units available for purchase by single individuals. Lewis said that he felt there should be more than four options available for a single individual to purchase a two-bedroom unit, and suggested the possibility of allowing one person to purchase a two-bedroom unit by requiring proof of lease for the second bedroom. Wilkinson suggested consideration of employees being allowed to upsize or downsize as their 12-18-06 T.C. Page 2 of 15 family grows or as grown family members leave the home, and requested that the Guidelines define a pregnancy as two people. Coffey explained that the optional basements are constructed to allow for bedrooms. Council agreed that if additional bedrooms were constructed in the optional basement, the number of basement bedrooms would be included in the total number of bedrooms upon resale of the home. Coffey stated that a pull-out couch in a recreation room would only be considered a bedroom if it is closed off by a door, and allowances would be made upon resale of the home for recreation rooms that meet the definition of a bedroom and for additional bedrooms constructed in the basement. Coffey referred to the Current Maximum Net Worth and Maximum Income Guidelines, and recommended adjustments calculated annually using the CPI-W calculations with a 3-percent maximum annual increase restriction applied to the CPI. Derosier stated a concern that if the resale price was capped at 3-percent, and free market in Snowmass Village increased 10-percent, the employee housing would continue to fall further behind. Mercatoris explained that the Guidelines are a living document and subject to change as Council deems necessary. If the cost of living continues to be at 8-10- percent in the future, the Guidelines should be adjusted. Griffin stated that the Town's goal was keep the prices affordable for future employees to maintain a superior workforce, rather than maximize current owner investment. He informed Council that the Guidelines currently include a 3-percent cap on the CPI. Mark Lewis said that he felt the exception for the Crossings employee housing should be expanded where the restrictions worked against him recently on a resale that he did not qualify for even though he has worked in Snowmass Village for 26 years. He said that he felt he was in a position where he is now in a small home with a family with no means to upgrade to a larger home in Snowmass Village. He also said the In-Complex Upgrade and First Right of Refusal provision prevented an opportunity for him to purchase the larger homes that become available for resale. He said that this is a unique situation that does not allow him to advance to a larger home because of his qualifications, and offered his assistance to try to find a solution. Council Member Lewis stated that the gap between the highest deed restricted housing and the lowest free market continues to grow, and suggested consideration of developing a new category that would allow those caught in this gap to purchase deed restricted housing. There was further discussion regarding this issue. Coffey estimated 40-50 purchase confirmations for the upcoming lottery on the Rodeo Place homes. Derosier stated that the Income Guidelines are not representative of what they need to be in order to maintain a diverse level of employees in Snowmass Village. He explained that management-level employees who have worked and lived in Snowmass Village for 20 years and more, who are finally making a good living cannot afford to purchase free market homes in Snowmass Village and are overqualified to purchase deed restricted housing, are forced to move down valley as far away as Rifle in order to purchase a home. He said the current Guideline changes proposed would not solve this specific problem. Griffin suggested Council reconvene the Employee Housing Committee to review the issues and make recommendations to Council. 12-18-06 T.C. Page 3 of 15 Hank Hayes asked that a discussion of the Guidelines be scheduled at a time when it would be more convenient for Town employees to be present and be a part of the discussions. Mercatoris offered his telephone number for anyone unable to attend this discussion and who wished to make comments, and said that employee-housing discussions would be scheduled at a later time on the Agenda in the future. Mercatoris read comments from Council Member Sparhawk who was absent from the Meeting. Sparhawk wrote that she supported all the recommendations proposed by Coffey, although felt the Guidelines should be revisited for Phase 2 of the Rodeo Place development. Council majority stated their agreement with staff recommendations and agreed with Lewis's suggestion to set the maximum net worth and maximum income charts increase at 3-percent for 2004, 2005 and 2006 or the CPI-W, whichever is lower. NOTE: Council requested a break at this time and reconvened the Meeting at 4:30 p.m. Item No. 3: INTERVIEW APPLICANTS FOR MUNICIPAL JUDGE POSITION Council interviewed applicants Lauren R. Maytin, Lawson Wills and Robert P. Grueter for the position of Snowmass Village Municipal Judge. There being no more interviews Town Council took a vote for the Municipal Judge Position at this time. Item No. 4: EXECUTIVE SESSION: At 5:11 p.m. Mordkin made a motion to convene to Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to discuss personnel matters, specifically the matter of a Municipal Judge. Council Member Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Along with Town Council Members, Mayor Mercatoris invited the Town Attorney, Chief of Police, Town Manager and Town Clerk to be present during the Executive Session. At 5:25 p.m. Mordkin made a motion to reconvene the Regular Meeting, seconded by Wilkinson. The motion was approved by a vote of 5 in favor to 0 opposed. Mayor Mercatoris stated that there were three finalists interviewed by Council at this Meeting. He called for Council Members to vote by paper ballot to specify their preferred candidate to fill the position of Snowmass Village Municipal Judge. Council cast their ballots and Mercatoris asked that the Town Clerk count the votes. After counting the votes cast, The Town Clerk announced that Lawson Wills received the highest number of votes. Mayor Mercatoris announced that Lawson Wills would be appointed as Municipal Court Judge during the January 8, 2006 Council Meeting, provided the Town and Wills come to an agreement on terms of compensation. Item No. 5: PUBLIC NON-AGENDA ITEMS There were no public Non-Agenda items. 12-18-06 T.C. Page 4 of 15 Item No. 6: COUNCIL UPDATES There were no comments at this time. Mercatoris explained that Council also provides for Council Comments at the end of the Meeting under the Committee Reports/Calendars Agenda Item. He asked that future Agendas include Council Comments with Committee Report/Calendars Agenda item. Item No. 7: CITIZEN'S GRANT REVIEW BOARD RECOMMENDATIONS Marylou Farrell & Donna Spaulding Town Clerk Rhonda Coxon introduced the item, explained changes to the "Grants At a Glance" history form, and provided Council with the corrected totals. Mercatoris stated that $120,000 was budgeted in the 2006/07 Budget for both Charitable and Human Services and Cultural Arts and Recreation grants, and requests for this year totaled 133,000. The Citizens Grant Review Board (CGRB) recommended that Council stay within the budgeted amount. CGRB Board Member Marylou Farrell was available to answer questions. Council discussed the grant requests and other funding sources whereby the organizations obtain funding, and questioned the recommendations for clarification purposes. Wilkinson requested that the organizations provide the percentage of the amount requested to that of each organization's operational budget for the.year. Mercatoris read comments from Council Member Sparhawk who was not present at the Meeting. The comments read that she agreed with the recommendations. Item No. 8: RESOLUTION NO. 56, SERIES OF 2006 — CULTURAL ARTS GRANT CONTRACTS AND RESOLUTION NO. 57, SERIES OF 2006 — CHARITABLE AND HUMAN SERVICES GRANT CONTRACTS: CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS BUDGETED FOR GRANT CONTRACTS TO CULTURAL ARTS AND RECREATIONAL ORGANIZATIONS AND THE CHARITABLE AND HUMAN SERVICES ORGANIZATIONS Mayor Mercatoris made a motion to approve Resolution No. 56, Series of 2006, seconded by Wilkinson. Mordkin made a motion to amend Resolution No. 56, Series of 2006 to reduce the amount listed for Aspen Music School by $1 ,500. Wilkinson seconded the motion to amend. The motion to amend was approved by a vote of 4 in favor to 0 opposed. Council Member Sparhawk was absent. Wilkinson made a motion to approve Resolution No. 57, Series of 2006, seconded by Mayor Mercatoris. Wilkinson made a motion to amend Resolution No. 57, Series of 2006 to grant $500 to the Symphony, and grant an additional $1,000 to the Little Red School House. Mordkin seconded the motion to amend. Town liaison to the CGRG Donna Spaulding, requested that the allocation amounts be changed in the first WHEREAS paragraphs for both Resolutions to reflect the monetary changes made by Council. The motion to amend was approved by a vote of 4 in favor to 0 opposed. 12-18-06 T.C. Page 5 of 15 There being no further discussion, Resolution Nos. 56 and 57, Series of 2006 were approved as amended, by a vote of 4 in favor to 0 opposed. Council Member Sparhawk was absent. Mercatoris requested that staff review the category placement for each grantor to determine if they should be listed under Charitable Arts or Health and Human Services. Item No. 9: RESOLUTION NO. 43, SERIES OF 2006 — GRANT AGREEMENT: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO APPROVING AN AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT, FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NON-URBANIZED AREAS. AMENDMENT TO FTA / CDOT 5311 GRANT AGREEMENT 2006 - 2007 Wilkinson made a motion to approve Resolution No. 43, Series of 2006, seconded by Mordkin. Transportation Director David Peckler explained that Resolution Nos. 43 and 63 interact because the Master Agreement, certification and insurances included in Resolution No. 62 being applied to Route 3, are relative to Resolution No. 43. He explained that the grant agreement was on a two-year cycle and under non-urban bus service and was an update to the 2006/27 awards. He said the State has produced a final document currently under review, although because this was an operating and administrative assistance grant, the application begins on January 1, 2007. and therefore necessary to obtain approval by the beginning of the fiscal cycle in order to qualify for reimbursement. Peckler stated that the Town reviewed the documents Attorney and determined that there were no unintended consequences. There being no further discussion, the motion was approved by a vote of 4 in favor to 0 opposed. Sparhawk was absent. Item No. 10: RESOLUTION NO.62, SERIES OF 2006 — GRANT CERTIFICATION AND ASSURANCES: CONSIDERATION OF A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. Mordkin made a motion to approve Resolution No. 62, Series of 2006, seconded by Lewis. Peckler explained that the Resolution approves the 5309 bus and bus facility grant for approximately $155,000 to fund capitol replacement of a vehicle with a low floor bus in 2007. Council asked in the future that one copy of the Federal government guidelines are made available for Council review and that the document be excluded from the Council Information packet. 12-18-06 T.C. Page 6 of 15 There being no further discussion, the Resolution was approved by a vote of 4 in favor to 0 opposed. Council Member Sparhawk was absent. Item No. 11: RESOLUTION NO. 64, SERIES OF 2006 — CLUB COMMONS II: CONSIDERATION OF A RESOLUTION PROVIDING DIRECTION TO THE PLANNING COMMISSION CONCERNING THE CLUB COMMON II PRELIMINARY PLAN REVIEW Mayor Mercatoris made a motion to approve Resolution No. 64, Series of 2006, seconded by Wilkinson. Senior Planner Jim Wahlstrom explained that approval of this Resolution would allow the Planning Commission to begin review of this application at their next Meeting. He said this the Resolution was a summary of the Council/Planning Commission Joint Meeting outcome held on December 4, 2006 concerning this application, and that a Public Notice was published in the Snowmass Sun for a Public Hearing to be held on January 3, 2007. Applicant Don Schuster questioned why the Planning Commission would be directed to review the employee housing requirements for the Snowmass Mountain PUD since it was not a part of this application. He said that the Aspen Skiing Company would fulfill the employee-housing requirement for the Snowmass Mountain PUD at a future time. Schuster explained that the initial proposal included a fourth story on the building with underground parking that would exceed the height limitations, therefore the applicant reduced their proposal to a three-story building. He explained that at the Joint Meeting Council requested the applicant consider adding the fourth story to the building to increase the number of employee housing units, with off-site parking, which would exceed the height requirements and require a super-majority vote of approval from Council. Schuster requested that Council indicate up front if they would or would not be in favor of a fourth floor, in order to avoid denial of the fourth story request and another redesign and application revision process. Mercatoris read comments from Council Member Sparhawk who was absent from the Meeting. The comments stated that Sparhawk would be in favor of a four-story building with off-site parking in order to increase the number of employee housing units. Council stated their interest in the unit mix in relation to units that would be available for year-round employee housing leasing. Mercatoris, Mordkin and Lewis stated that they liked the idea of adding a fourth floor with a unit mix that would provide year-round employee housing and off-site parking, and said they would be willing to consider a proposal as such. Wilkinson stated that he was not in agreement with the addition of a fourth story on the building. Mercatoris suggested the applicant consider some parking spaces at garden level. Council reviewed the Resolution and asked that Planning Commission also discuss a means that would allow for a snow covered area across the new road that would allow Nordic Trail users to cross the road without the need to remove their skis. Council also requested that the Planning Commission review the parking lot and parking lot 12-18-06 T.C. Page 7 of 15 aesthetics. Mercatoris suggested the applicant consider extending the Nordic Trail through the new Brush Creek Road underpass to the School site, soccer field, and etc. areas. Mordkin requested that Council review the cash in-lieu employee housing provisions as soon as possible. There being no further discussion, the Resolution was approved by a vote of 4 in favor to 0 opposed. Council Member Sparhawk was absent. Item No. 12: CONTINUATION OF PUBLIC HEARING AND DISCUSSION - SNOWMASS CENTER: PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT. Mayor Mercatoris opened the continuation of the Public Hearing at 6:17 p.m. The Snowmass Center applicants were not in attendance at this time. Mayor Mercatoris stated that the Public Hearing would remain open in anticipation of the applicant's arrival at the Meeting. Item No. 18: APPROVAL OF MEETING MINUTES FOR: 11-20-06 Wilkinson made a motion to approve the Meeting Minutes for November 20, 2006, seconded by Mordkin. Wilkinson stated his appreciation for the expediency in which the Clerk provided the Minutes to Council. Council Member Lewis stated that he was sworn into office during the middle of this Meeting, and would abstain from the vote, since he was not a Council Member during the November 20, 2006 Meeting. There being no additions or corrections to the Minutes, the motion was approved by a vote of 3 in favor to 0 opposed. Council Member Lewis abstained. Council Member Sparhawk was absent. Item No. 17: MANAGER'S REPORT Base Village — Stop Work Order In response to an inquiry from Mordkin, Walker explained that Building Official Mark Kittle lifted the Stop Work Order on the Base Village development since the applicant completed the fencing and ditches as required. Since that time, Town staff determined that the ditches were not in accordance with Town standards. The developer agreed to reconstruct the ditches in accordance with Town standards and Town Road Supervisor John Baker would oversee the work to ensure that it was completed correctly. Directional Slgnage Temporary Lighting Mercatoris requested temporary lighting on the directional sign located on the fencing at the base of Wood Road and lower Carriage Way, and explained that without lighting the sign is difficult to see at night. 12-18-06 T.C. Page 8 of 15 Corner Radius —Wood Road and Carriage Way Corner In response to an inquiry from Lewis, Walker stated that the Road Department would address the damage and increase the corner radius at Wood Road and Carriage Way. Base Village Development Banner—Artist's Renderinq Mercatoris reported on the recent Base Village/Intrawest Construction Management Meeting. He said that all shared the fault of problems that arose during the past construction season and agreed to make every effort to have a more smooth and less impactive 2007 construction season. Council requested that the developer provide signage on the construction fencing that would include an artist's rendition of the completed development for public information purposes. He said that Council would be in favor of a Variance to the Town Sign Code necessary to accomplish their request. Gondola Opening Mordkin said that it was a tremendous sight to see the number of people waiting to ride the new Gondola on opening day. He said the ride was fun and enjoyable and stated his appreciation to the Aspen Skiing Company for reaching this milestone. Ski-Back Bridge Aesthetic Applications In response to an inquiry from Wilkinson, Intrawest representative O'Connor stated that the railings, stone facings, and other aesthetic applications would be constructed next spring and summer on the ski-back bridge located between the Crestwood and Enclave Condominiums Item No. 12 Cont'd: CONTINUATION OF PUBLIC HEARING AND DISCUSSION - SNOWMASS CENTER: PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT. At 6:35 p.m. Mayor Mercatoris stated that the continuation of this Public Hearing was opened earlier in the Meeting at 6:17 p.m., and called for public comment at this time. Wahlstrom stated that the applicant would present the Fiscal Impact Analysis in response to a request made by Council. He explained that the applicant used the Town's Economic Planning Systems (EPS) Consultant to prepare the Analysis, and Town staff was in the process of gathering review comments from another Consultant. In the interim, the information was referred to Economic Resource Director Jason Haber, who provided comments. Wahlstrom said the applicant responded with an updated Fiscal Impact Analysis, which had not been reviewed by the Financial Advisory Board (FAB) or the Finance Department. Mercatoris stated that an in-depth review of the Analysis would be held at a later date following receipt of comments from the FAB. Nicole Wayman of EPS provided an overview of the Snowmass Center Fiscal Impact Analysis, EPS' background with the Town of Snowmass Village, as well as the purpose, key assumptions, and findings and responses to comments included in the Staff Report. 12-18-06 T.C. Page 9 of 15 Council discussed the difference between Fractional and Seasonal units, accuracy of 175.00 per square foot market value, the proposal for a five-bedroom unit, comparison to increased expenses for the same service related to capital improvements in the future and revenue increases to cover the expenses, the assumption that 10-percent of Planning costs would be recovered, how Wayman arrived at the reductions listed, population per-capita numbers used in comparison of the numbers used for the Base Village review, the methodology that would be utilized for the West Village revitalization project, the amount that would be realized from property taxes in comparison to the amount of residential property values at buildout, and staffs reference to the Post Office as a non-revenue source. Wayman stated that if there were any extra-ordinary capital costs identified following final review, they would be addressed by the applicant and the district. She explained that the difference between the June 2006 Report and the December 2006 Report included changes made in response to previous comments and a series of modifications made that are represented in the December 2006 Report. She said the latest Report addressed modifications related to persons per unit and explained the original and current assumptions reflected in the Report. She explained how she established the amount of revenue from the Road Fund transferred to the General Fund, and stated that the information was based on historic trends provided by the Town's Finance Director. Council requested that Wayman provide the numbers on one page for clarification purposes regarding how the mill levy and property tax assessments apply in the assumptions, that the FAB review and comment on the Analysis, and that Council be made aware of upcoming review of documents received by Council in the past to ensure that the documents were available for discussion at the Meeting. Representative from Bluegreen, Inc. Sherrie Sanzone stated that she was comfortable with the Planning Commission recommendations. Mercatoris read comments from Council Member Sparhawk, which stated her support of Planning Commission's recommendations. Suzanne Richmond of Design Workshop), provided a visual presentation of the Landscape and Streetscape Plans, signage, access, circulation, and drainage. Council discussed interior access for delivery trucks, parking locations for each level, site plan in relation to the locations and access to various business and road locations, situation of the buildings on the site, roof design and snow removal in relation to landscaping. Kevin Morley of Poss Architecture said that the Planning Commission was not provided the elevation renderings during their review process, although the elevations, architecture, mass, shape, roof, gables, etc. presented was exactly the same as that provided for Planning Commission's review. Morley explained subtle changes were made to the elevations and massing since Sketch Plan review. Council stated a concern that changes to Buildings K and L would create a wall effect. 12-18-06 T.C. Page 10 of 15 Morley presented sample boards of proposed exterior materials for the buildings. He said that Planning Commission was in agreement that the sample boards would suffice as a color palate, although the type and size of stone was not their preference and asked that the applicant provide different stones for consideration before Final review. Pat Smith said that Council would be presented samples of each fagade for a thorough discussion. Mercatoris explained that Planning Commission items that Council agrees with would not be discussed, although would be included in the approval Resolution. Wilkinson requested that the applicant investigate a more energy saving means such as solar panels, to heat the areas proposed for snowmelting. Mordkin requested that the applicant explore the possibility of snowmelting the small section at the bottom of Kearns Road that was included in plans for snowmelted areas. Smith said that they currently have a Joint Maintenance Agreement with Alpine Bank for plowing that section of Kearns Road. Smith and Council determined items for discussion at the January 8, 2006 Meeting. There being no further comments from the public, Mercatoris stated that this discussion and Public Hearing would be continued to the January 8, 2006 Regular Town Council Meeting scheduled to begin at 4:00 p.m. NOTE: Council called for a 5-Minute break at this time. Item No. 13: FIRST READING - ORDINANCE NO. 19, SERIES OF 2006 — CONSTRUCTION MANAGEMENT PLAN: CONSIDERATION OF AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO ENSURE THAT CONSTRUCTION SITES AND CONSTRUCTION ACTIVITIES ARE REGULATED IN A SAFE, ORGANIZED AND CONSISTENT MANNER. Jason Haber and Mark Kittle introduced the Town-wide Construction Management Plan. Haber requested discussion regarding a change to the Municipal Code to add a Section that would bolster Town management the standards and requirements included in project Construction Management Plans, which would give the Building Official better tools to administer and enforce the Plans. He stated that Council appropriated funding for an additional Building Department staff person in the 2007 Budget, and the position would be filled in February 2007 to assist with Building Inspections as well as fill the roll of an overall construction coordination person. Council reviewed the Ordinance language and provided direction to staff. Mordkin said that he expected the proposed Plan to address how staff would manage construction in the Village and did not feel this Ordinance met Council's expectations. Kittle said that the Ordinance language addresses issues that are not currently in the Municipal Code and would provide an avenue whereby he could hold contractors accountable. He suggested this be labeled the Construction Management Plan and 12-18-06 T.C. Page 11 of 15 that staff develop a Construction Phasing Management Plan to address the issues requested by Council. Attorney Dresser stated that he reviewed the two documents and determined that there were no conflicts. Mercatoris read comments submitted by Council Member Sparhawk who was absent from the Meeting, which read that she was very concerned that the Plan did not address Town limits on a Town-wide basis and stated that what the Town needed was an overall plan to address the amount of construction they felt was appropriate for the Town to regulate at one time. She wrote that she did not feel this Plan addressed the request made by Council. Council discussed the Ordinance language and provided direction to staff. Council requested that staff solicit feedback from the community for Council consideration. Wilkinson made a motion to approve First Reading of Ordinance No. 19, Series of 2006. Mayor Mercatoris seconded the motion. The motion died for lack of a second. Mordkin made a motion to table Ordinance No. 19, Series of 2006 to the January 22, 2006 Regular Council Meeting scheduled to begin at 4:00 p.m. Lewis seconded the motion. The motion to table was approved by a vote of 4 in favor to 0 opposed. Mel Blumenthal stated that the Ordinance does not address project impact on public land, includes minimal references to impacts on private properties and needs to include enforcement standards. He said that the Town was losing valuable time and suggested an Advisory Committee made up of community members to assist staff in developing ideas for the Ordinance language, and that the Plan be developed before beginning of the major construction season ahead. Mike O'Connor stated his appreciation for the enforcement language initiated by Town staff, which he felt necessary for staff to manage construction within the community throughout the upcoming years of development and to make the community livable. He suggested the developers be involved and work together with Town staff in the development of the Plan Item No. 14: RESOLUTION NO. 66, SERIES OF 2006 - WEST VILLAGE REVITALIZATION PLAN — DEVELOPMENT CODE AMENDMENT INITIATION: CONSIDERATION OF A RESOLUTION INITIATING AMENDMENTS TO THE SNOWMASS VILLAGE COMPREHENSIVE PLAN AND TO THE SNOWMASS VILLAGE LAND USE AND DEVELOPMENT CODE PURSUANT TO SECTION 16A-5-210 OF THE SNOWMASS VILLAGE MUNICIPAL CODE. Haber explained that last year Council adopted an Ordinance approving amendments to the Comprehensive Plan that created two new comprehensively planned areas primarily affecting the West Village Mall core area and older and multi-family properties throughout the Village. The Ordinance also directed staff to move forward to develop the West Village Revitalization Plan. He stated that staff held several meetings with private sector stakeholders, organized Community Forums, and met with homeowners' 12-18-06 T.C. Page 12 of 15 0 associations and other interest groups directly affected by this proposal. He requested Council review the presentation and provide direction for staff and consultants to take to Planning Commission to initiate Land Use Development Code amendments and additional Comprehensive Plan amendments that would be required to implement the Plan. Sherri Sanzone of Bluegreen provided a presentation outlining the scope and purpose, background information, goals and objectives and the level of detail, the catalyst plan, a test of the goals and objectives, and the next steps. She said the Plan would address the decline in Sales Tax revenues tracked since 2002, allow West Village to meet the evolving character and conditions being changed within the two other commercial nodes, address the concern that West Village was falling behind, and provide a facility in an area for application of the new energy initiated by the new Marketing Plan. She outlined other issues the Plan would address. Sanzone presented the Plan and addressed the three aspects as a part of the solution to West Village and revitalization including the planning document, the Comprehensive Plan and Code amendments, and creation of a Special District. Mercatoris stated that he felt it necessary to complete the Snowmass Center review process before moving on to the West Village Revitalization Plan. He explained that Base Village was in process of development and at completion of the Snowmass Center review process; the Town would then have vital information that would be instrumental for Council review of the West Village Plan. Mercatoris stated finalization of the Snowmass Resort Association dissolution as well as resolution of the "declarant rights" issues related to West Village properties were the other issues that would be important when reviewing the West Village Plan. He said that he would be willing for the Planning Commission to review today's information under those conditions, and if Planning Commission feels they have the time to do so. Mordkin agreed with Mercatoris and stated that he felt Council should accept the presentation but not move the Resolution or send it to Planning Commission until Council decides the broad parameters of the concepts, which could then be sent to the Planning Commission for specifics and provide suggestions to Council. Lewis said that he had concerns for Planning Commission and staff time available to include this in their workload. Council majority stated their interest in the Plan and appreciation for the conceptual plan, although felt the Plan should be discussed in depth and issues identified before requesting review and recommendation from the Planning Commission. Council discussed whether the Resolution should be moved, seconded and defeated at this time or let it stand unmoved until after they could further discuss the Plan. Jim Gustafson of the Planning Commission stated that he felt the Planning Commission would appreciate more specific direction following a more thorough review of the Plan by Council. After further discussion, Wilkinson made a motion to provide the Plan information to the Planning Commission, seconded by Mercatoris. Mercatoris said that he would like to present the Plan to the Planning Commission to review for informational purposes at this time. Lewis stated that he felt the Plan was great information, although did not feel this was the appropriate time for Planning Commission to conduct a thorough review of 12-18-06 T.C. Page 13 of 15 the Plan. Wilkinson said that he felt that this was good information to provide to the Planning Commission. Mercatoris called the question and the motion failed by a vote of 2 in favor and 2 opposed. Council Member Wilkinson and Mayor Mercatoris were in favor, while Council Members Mordkin and Lewis opposed. Council Member Sparhawk was absent. Haber said that significant progress was made by staff developing Code language and design language, which could be brought to Council in its totality for review at a Meeting in March of 2007. Blumenthal stated that there were significant problems involved with the dissolution of the SVRA and "declarant rights" issues, which need to be resolved before a Mall Revitalization Plan could be instituted. Item No. 15: TOWN HALL PROJECT INTERIOR / EXTERIOR COLORS AND MATERIALS: The Design Group from Z Group Architects presented a brief overview of the materials and colors proposed for the interior of the Town Hall structure. Haber explained that Agenda Item No. 16 would be presented to Council as the next item for Council consideration of the exterior colors, where approval would be required before excavation could begin. Council asked that interior colors be presented at a later date in order to allow the process to move forward. Item No. 16: RESOLUTION NO. 65, SERIES OF 2006 — TOWN HALL PROJECT EXTERIOR FINISHES AND ARCHITECTURAL COMPONENTS: CONSIDERATION OF A RESOLUTION APPROVING THE TOWN HALL PROJECT EXTERIOR FINISHES AND ARCHITECTURAL COMPONENTS. Jim Gustafson of the Z Group presented the colors and materials proposed for use for the various areas on the exterior of the Town Hall building. Council stated a concern regarding the light color of the roof that would be reflective to skiers on the ski hill. Gustafson said that proposed colors would be submitted to Council for final consideration, and suggested Council visit the site at that time to review color mock- ups. He explained that exterior colors would have a mat finish and a high reduction in solar gain that would help to maintain the interior temperatures of the building. Council requested lighter color of the proposed cedar materials, and asked that the wood proposed be stained an espresso color be sealed and left in its natural color. Following further discussion, Wilkinson made a motion to approve Resolution No. 65, Series of 2006, seconded by Lewis. The motion was approved by a vote of 4 in favor to 0 opposed. Sparhawk was absent. Planning Director Chris Conrad said that he was comfortable with the proposed mechanical screening other than the fact that this item was not reflected on the specific architectural plans for the Town Hall, and asked that Council review the screening. 12-18-06 T.C. Page 14 of 15 Gustafson said that earlier in the approval process during evolution of the design, necessary mechanical equipment had not yet been determined. As bids were received and alternative mechanical systems were reviewed, the mechanical rooftop units were proposed, which were simple and discreet boxes that contain rooftop equipment. He said that the units were indicated on the model and plat elevations and Planning staff suggested that the boxes be screened. He said that most of the units would be beyond line of site, although some can be seen from certain points throughout the Village. He suggested that using the correct color of paint may soften the visual impact of the boxes and may not require further screening. Council suggested that the boxes be constructed in place and painted, and then reviewed to determine if additional screening would be necessary. Conrad explained that the only other issue identified was the potential for noise from the mechanics that might affect potential future nearby employee housing. Item No. 20: EXECUTIVE SESSION: At 9:55 p.m. Mercatoris made a motion to convene to 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 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); Council Member Wilkinson seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Council Member Lewis temporarily stepped down from the Council table. Council Member Sparhawk was absent. At 10:45 p.m. Mordkin made a motion to reconvene the Regular Meeting, seconded by Wilkinson. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Sparhawk was absent. Item No. 19: COMMITTEE REPORTS/CALENDARS Town-Wide Construction Management/Phasinq Plan Lewis requested that Council provide staff with direction for development of the Town- wide Construction Management Plan. Mercatoris explained that the Building Official said that the Construction Management Plan presented at this Meeting would provide him with a tool for enforcement of issues not previously enforceable by Town staff, and suggested that staff develop a separate document identified as a Town-wide Phasing Plan to be used in conjunction with the Construction Management Plan to accomplish 12-18-06 T.C. Page 15 of 15 the necessary regulations as requested by Council. Walker stated the need to meet with the developers, community and staff to identify the issues and problems that impacted the community during the past construction season, as well as issues that might occur during future construction seasons, that need to be included and addressed in a Construction Phasing Plan. Council agreed that staff might want to consider employing a consultant or utilizing community members with appropriate backgrounds to assist with development of the Plan, and directed staff to proceed and produce a document for Council consideration in the near future. Item No. 21: ADJOURNMENT There being no further business, Lewis made a motion to adjourn the Meeting, seconded by Wilkinson. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Sparhawk was absent. The Meeting adjourned at 11:00 p.m. Council Member Sparhawk was absent. Submitted By, Rhonda B. Coxon, Town Clerk SNOWMASS VILLAGE REGULAR MEETING MINUTES JANUARY 8, 2007 Mayor Pro Tern John Wilkinson called to order the Regular Meeting of the Snowmass Village Town Council on January 8, 2007 at 4:03 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Pro Tern John Wilkinson, Reed Lewis, Sally Sparhawk and Arnie Mordkin COUNCIL MEMBERS ABSENT: Mayor Douglas Mercatoris STAFF PRESENT: Hunt Walker, Acting Town Manager and Public Works Director; Jason Haber, Economic Resource Director; John Dresser, Town Attorney; Joe Coffey, Housing Manager; Rhonda B. Coxon, Town Clerk; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; Dean Gordon, Town Engineer; David Peckler, Transportation Director PUBLIC PRESENT: Christian Mosiman, Carey Shanks, Jim Kehoe, Sue Harken-Houser, Jim Gustafson, Suzanne Richmond, Mark Lewis, Joan Bemis, Irene Greiser, Daniel Alpert, Donna Aiken, Bob Fridstein, Steve Pouliot, Traffic Consultant, Rick Griffin, Gordon Ledingham, Steven Nemerovski, Peter Moore, Bill Boineau, Deidre Boineau, Lisa Vogele, Doug Faurer, Jenny Smith, Jane Head, Jeff Head, Bob Purvis, Carolyn Purvis, Mel Blumenthal, Steve Aldridge, Jason Lehman, Wolf Gensch, Thomas Goode, Mark Stout, Markey Butler, Bill Boineau, H. Lawson Wills, Alan Richmond and other members of the public interested in Agenda items for this Meeting. Item No. 2: CHRISTIAN MOSIMAN SPONSORSHIP Christian Mosiman asked that the Town once again consider a contribution as a sponsor for his snowboard racing career during the 2006-2007 snowboarding season. He requested a contribution of$1,500 to be used for training and travel. Council requested that Mosiman's snowboarding equipment carry advertising to promote the Town of Snowmass Village and suggested he obtain "Ride Snowmass" stickers from the Town's Marketing and Special Events Board Director to distribute and promote Snowmass Village while on the snowboarding circuit. Mosiman also requested that Council consider complimenting the 01-08-07 T.C. Page 2 of 12 sponsorship funding with comp training at the Recreation Center when he is at home in Snowmass Village during off-season. Lewis made a motion to approve the $1,500 funding request. Mordkin seconded the motion. Council requested that the Citizens Grants Review Board (CGRB) consider developing a new category under the Town Grant Program to include grant funding that would allow Snowmass Village athletes to utilize the Recreation Center for off-season training purposes, and also stated the need for further Council discussion of the issue. After further discussion, the motion was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. Item No. 3: RODEO PLACE HOME LOTTERY CONFIRMATION SUMMARY Housing Director Joe Coffey reported that two public meetings were recently held to confirm the number of those interested in purchasing the proposed twenty single-family modular homes and four duplex units to be constructed in the Rodeo Place employee housing project. He stated that 47 perspective purchasers confirmed that they were interested in purchasing the homes, met the Housing Guideline requirements for purchase and were able to afford the purchase. He said that the reason for the confirmations was to indicate the correct housing mix and affordability of the homes proposed for construction. The confirmations indicated a higher demand for the smaller size single-family homes, and staff was considering increasing that number to total 11 for construction during the first phase Rodeo Place to match the demand. Coffey reported that twenty of the confirmations were from current employee housing owners and renters who wish to upgrade to larger homes, and that the lottery would be held and homes pre-sold before ordering the modulars to ensure there would be no risk to the Town. He requested Council direction on information presented at this Meeting and permission for staff to conduct a housing lottery in February, 2006. Coffey explained that staff was continuing to determine final design, pricing, and additional energy efficiency items, and asked that the lottery be held in February before placing an order with the manufacturer, to determine the number and sizes of homes to order. He reported that it would take approximately 5 months for the factory to build the homes after they receive the order. Coffey confirmed that the Snowmass Water and Sanitation District (SW&S) announced that there would be an increase in tap fees, and he suggested the increase be paid by the Town subsidy allotment. Council Member Lewis asked that energy efficiency not be sacrificed in an effort to reduce the cost. Acting Town Manager Walker said that this issue would be addressed at an upcoming meeting with SW&S. Council agreed that they did not feel the Town would have a problem selling the homes and directed staff to proceed with identifying final designs, prices, estimated loan closing dates, order the homes and then set a later date for the lottery. 01-08-07 T.C. Page 3 of 12 Current employee housing owner Mark Lewis asked that Council consider revising the Guidelines to close the gap that currently does not allow him to meet the qualifications necessary to purchase a larger home. He explained that he cannot afford the lowest free-market single-family home and does not meet the current Housing income requirements to upgrade and move his family into a larger home. He further explained that the In-Complex priority process works against him in his endeavor to purchase a larger home that would meet the needs of his family. He offered to work with the Town to address the issue and asked that Council consider his request. Item No. 4: RESOLUTION NO. 01, SERIES OF 2007 — INTERVIEW AND APPOINT BOARDS AND COMMISSIONS MEMBERS: CONSIDERATION OF A RESOLUTION APPOINTING MEMBERS TO THE ARTS ADVISORY BOARD, CITIZENS GRANT REVIEW BOARD, FINANCIAL ADVISORY BOARD, MARKETING AND SPECIAL EVENTS BOARD, LIQUOR LICENSING AUTHORITY, BOARD OF APPEALS AND EXAMINERS, PLANNING COMMISSION AND 2nd HOMEOWNERS BOARD. Council interviewed applicant Joan Bemis to fill one of five vacancies on the Arts Advisory Board. Council also interviewed Irene Greiser who expressed an interest in serving on the AAB, although had not submitted an application. Applicant and incumbent Janet Grenda was unable to be present at the Meeting. Lewis made a motion to appoint Bemis, Grenda and Greiser to serve on the AAB, seconded by Sparhawk. The motion was approved unanimously. Council interviewed applicants Daniel Alpert and Donna Aiken to fill two of three vacancies on the Citizens Grant Review Board (CGRB). Lewis made a motion to appoint Alpert and Aiken to serve on the CGRB, seconded by Sparhawk. The motion was approved unanimously. Wilkinson asked that the CGRB discuss the issue of creating a grant category for Snowmass Village athletes, Mordkin requested Council further discuss this issue at a future Meeting. Council interviewed Bob Fridstein, Rick Griffin, Gordon Ledingham, and Steven Nemerovski to fill four vacancies on the Financial Advisory Board (FAB). Applicant Brad Wyatt was unable to attend the Meeting. Ledingham stated that he also submitted an application to serve on the Planning Commission, which would be his preference. Nemerovski also stated his interest in amending his application to include his interest in serving on the CGRB. Mordkin disclosed that he was a working acquaintance of Nemerovski. Mordkin made a motion to appoint Fridstein, Griffin, Nemerovski and Wyatt to serve on the FAB. Sparhawk seconded the motion. The motion was approved unanimously. Council majority agreed to accept the applications that were submitted after the deadline. Mordkin stated that one of the two vacancies available on the Marketing and Special Events Board (MSEB) was open for nomination from the Retail community per Town Code. He said that the Retail Community nominated Jenny Smith to represent their interests on the Board. 01-08-07 T.C. Page 4 of 12 Council interviewed applicants Peter Moore, Bill Boineau, and Jason Lehman to fill the vacancy on the MSEB as required of Council. Applicant Chris Kelly was unable to attend the Meeting. Council cast their votes by paper ballot and Peter Moore received the highest number of votes to fill the vacancy Council interviewed applicants Donna Aiken and Irene Greiser to fill two vacancies on the Liquor Licensing Authority. Sparhawk made a motion to appoint Aiken and Greiser to serve on the LLA, seconded by Lewis. The motion was approved unanimously. Council interviewed applicants Wolf Gensch, Thomas Goode and James Gustafson to fill three vacancies available on the Board of Appeals and Examiners (BOA). Mordkin made a motion to appoint Gensch, Goode and Gustafson to the BOA, seconded by Sparhawk. The motion was approved unanimously. Attorney John Dresser reported that at their last Meeting, the Planning Commission (PC) voted unanimously for all seven PC members to be designated as Regular voting members on the Board. He explained that this change would require an Ordinance of Council to change the enabling legislation in the Municipal Code. He said that an Ordinance would be presented for Council for consideration at their next Meeting. Upon Second Reading approval, the Ordinance would then automatically change the status of the two Alternates appointed at this Meeting, from Alternates to Regular members. Council directed staff to develop the Ordinance for consideration at the next Regular Council Meeting. Council interviewed Mark Stout, Markey Butler, Gorden Ledingham and Bill Boineau to fill four vacancies on the PC. Lewis made a motion to appoint Mark Stout and Markey Buttler as Regular Members and Ledingham and Boineau as Alternates. Sparhawk seconded the motion. The motion was approved unanimously. Applicants John Barrett and Robert Sirkus were unable to attend the Meeting. Council discussed the applications submitted by Barrett and Sirkus to fill two of three vacancies available on the Second Homeowners Board. Lewis made a motion to appoint the two applicants to serve on the Second Homeowners Board. Mordkin seconded the motion. The motion was approved unanimously. Sparhawk made a motion to approve Resolution No. 02, Series of 2007, seconded by Lewis. Council directed staff to include the names of those appointed to the various Boards and Commissions at this Meeting. Mordkin asked that the expiration date of each member's term be included in future Resolutions of appointment. Council requested that Donna Aiken fill the three-year term position and Daniel Alpert fill the two-year position on the CGRB, and that Steven Nemerovski fill the remainder of the term vacated by Jessica Collins on the FAB. There being no further discussion, the Resolution was approved as amended, by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. 01-08-07 T.C. Page 5 of 12 Item No. 5: RESOLUTION NO. 02, SERIES OF 2007 — DESIGNATING PUBLIC NOTICE BOARDS: CONSIDERATION OF A RESOLUTION DESIGNATING THE LOCATIONS OF THE OFFICIAL PUBLIC NOTICE BOARDS FOR THE TOWN OF SNOWMASS VILLAGE. Mordkin made a motion to approve Resolution No. 02, Series of 2007, seconded by Sparhawk. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. Item No. 6: RESOLUTION NO. 03, SERIES OF 2007 —APPOINTING MUNICIPAL JUDGE: CONSIDERATION OF A RESOLUTION APPOINTING H. LAWSON WILLS AS MUNICIPAL JUDGE, SETTING THE TERM OF OFFICE AND COMPENSATION. Lewis made a motion to approve Resolution No. 03, Series of 2007, seconded by Mordkin. Town Clerk Rhonda Coxon explained that this Resolution confirms a vote of Council held at the December 4, 2006 Regular Town Council Meeting appointing H. Lawson Wills to serve as Snowmass Village Municipal Judge. There being no further discussion, the motion was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. Coxon stated that Lawson would be administered an Oath of Office when the Snowmass Village Municipal Court convenes on January 24, 2007. NOTE: Council called for a break at this time Item No. 7: PUBLIC NON-AGENDA ITEMS Mall Revitalization Carey Shanks of WestPac clarified that the Mall Revitalization Plan discussed at a December Council Meeting was a planning process initiated by the Crown family, which WestPac supports, although clarified that an application had not been submitted to the Town. On behalf of the stakeholders, he stated support for Council's direction for staff and the Planning Commission to review the Plan. Shanks stated that WestPac has held meetings with the Snowmass Corporation to develop a contract whereby WestPac would be in control of all the related Declarant Rights within the Village within the next few weeks, and would put WestPac in a position to turn those over to the Town. Item No. 8: COUNCIL UPDATES Meetings with Related Groups and WestPac Mordkin reported that he and Council Member Lewis met with and Jeff Blaugh of Related Groups and Pat Smith and Carey Shanks of WestPac to gain an understanding of WestPac's relation to Blaugh's. To obtain further information, 01-08-07 T.C. Page 6 of 12 he referred to the firm's Website, relatedgroups.com, and said that Related Groups is a multi-billion dollar organization currently constructing the Time/Warner building in New York City. He assured the public that the group did not discuss any item that was currently in application. Sparhawk reported that she also met with Mr. Blaugh on a separate date since she was unable to attend the meeting. Mordkin and Sparhawk stated that the meetings were informative. Future Nordic Trail — Brush Creek Trail Wilkinson reported that he attended a Nordic Council Meeting. He said that the group was working toward creating a Nordic Trail easement along the Brush Creek Trail, and the Pitkin County Open Space and Trails was in the process of studying elk migration for the area to determine a schedule for grooming the future Nordic Trail. Completion of the Nordic Trail would enable skiers to make a full circle along Brush Creek Trail into Aspen, and returning to Snowmass Village on the Owl Creek Trail. Roaring Fork Transportation Authority (RFTA) Meeting Wilkinson stated that he and Council Member Mordkin would be attending a RFTA Meeting scheduled for Thursday, January 11, 2007. Item No. 9: TOWN HALL PROJECT INTERIOR COLORS AND MATERIALS Jim Gustafson of Z-Group introduced Town Hall Project Manager Jim Kehoe Sue Harken- Houser, in charge of the interiors. Sue outlined the interior floor layout and proposed floor finishes, slip resistance for commercial spaces, color pallet and materials proposed for the walls, doors, and cabinetry, heat absorbing materials and awnings, Council Chambers acoustics, lighting, and provided information regarding recycled contents of the materials. Gustafson explained natural lighting and windows, energy saving lighting, speakers and microphones. Council requested use of slip-resistant tile, especially at the entryway areas, skid- resistant materials in public high traffic areas, sound-buffering flooring materials outside Council Chamber entrances, optional carpet colors be provided for the back corridor and Planning, Marketing and Finance Departments, light reflecting poly wall material and natural light be included in Council Chambers and the Library area, additional information on materials proposed for exterior entrances, maintenance information for materials proposed, wall hangers for artwork, separate locks for Council Chambers doors, further discussion on elimination of static electricity, and that the designer provide a display that would provide information on the recyclable and recycled materials and their contents that could be available inside the building for public information. Item No. 10: FIRST READING - ORDINANCE 01, SERIES OF 2007 — TAX EXEMPT TOSV LEASES: CONSIDERATION OF AN ORDINANCE RATIFYING AND REAFFIRMING THE OBLIGATIONS OF THE TOWN 01-08-07 T.C. Page 7 of 12 PURSUANT TO CERTAIN LEASE AGREEMENTS FOR PUBLIC PURPOSES. Attorney Dresser explained that the Town leases office space from Snowmass Holding LLC for the Transportation and Marketing Departments. He stated that with the change in the properties' ownership and relocation of the Marketing offices, the effectiveness of the property tax exempt status for the offices was questioned by the new landlord. He stated that as required by Colorado Revised Statutes, approval of this Ordinance would confirm to the County Assessor that these offices are being used for a public purpose and should be tax exempt. He informed Council that Town staff recently exercised a one-year option to extend the lease on the storage area at the Transportation offices, and the expiration date of the lease would be changed in the Ordinance before Second Reading. Council asked that staff inform them if the landlords would provide a rebate to the Town if the Marketing Department moves to the new Town Hall location prior to expiration of the lease, or if the length of the lease would coordinate with completion of Town Hall. Mordkin made a.motion to approve First Reading of Ordinance No. 01 , Series of 2007, seconded by Sparhawk. There being no further discussion, First Reading of the Ordinance was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. NOTE: Council called for a break at this time and reconvened the Meeting at 7:06 p.m. Item No. 11: CONTINUATION OF PUBLIC HEARING AND DISCUSSION SNOWMASS CENTER: PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT. Third Amendment to the Center site, specifically involving: Rollover follow up item from December 4`h meeting Lighting Plan Transportation Circulation (vehicular, pedestrian and trail) o Traffic Impacts and Mitigation Off-Street Parking Mayor Pro Tern Wilkinson opened the Public Hearing at 7:06 p.m. Senior Planner Jim Wahlstrom introduced the items for discussion at this Meeting and asked that Council refer to the December 18, 2006 information packet for information related to this discussion. Suzanne Richmond provided colored renderings and a presentation of the front fagade of Building K and L, updated floor plans and parking levels with parking access, topographical plan views showing highest roof elevations of Building K and L against the hilltops, cross sections of Building K and L in relation to 01-08-07 T.C. Page 8 of 12 adjoining hillsides and existing and proposed finished grades, and colored trails plans. She said that the view from the trail above the Center would look over the top of the buildings. Carey Shanks reported that a model of the development would be available at the January 22, 2007 Council Meeting, and architectural renderings of the buildings would be provided. Mordkin stated a concern of the mass, scale and monolithic look of Building K and L as depicted in the drawings, and its visual impact to the Village. Sparhawk requested that the model include an inset to show the location of existing grades. Wilkinson reminded the applicant that approval to exceed building height requirements requires a three-quarter majority vote of Council. Mordkin requested identification and more specific information of items related to the bridge that were termed as "substantially in compliance in the Code" at the last Meeting. Wahlstrom referred to a summary of Planning Commission recommendations, and comments from referral agencies related to Transportation, pedestrian circulation, traffic impacts and mitigation to offset those impacts, and the Off- Street Parking Plan. Traffic Engineer Steve Pouliot and Town Engineer Dean Gordon were present to answer questions. Richmond stated that the applicant was in substantial agreement with the Planning Commission recommendations regarding transportation and parking. She provided a site plan and presentation of overall circulation at the Center and in the larger context of Snowmass Village, traffic impacts generated by the project and mitigation to alleviate and improve the overall conditions of the Town, off-street parking calculations and standards and parking provided by the project. In response to an inquiry from Mordkin, Richmond explained the provisions of the bus stop for Town Hall transportation assistance and use of Center parking for overflow parking for Town Hall. She stated that the applicant increased the number and relocated the supports for the Woodbridge Bridge in response to concerns made by the Army Corp of Engineers, which slightly changed the angle of the Bridge. Richmond said that the Assay Hill landing site was relocated in response to Aspen Skiing Company (ASC) concerns. She explained that the overall conclusion was that traffic would increase in the Village with or without redevelopment of the Snowmass Center, although the Center would contribute to the impacts. She explained that with construction of the roundabout at the intersection of Brush Creek and Wood Roads, Town standards would be met, and stated that the numbers in the current Traffic Analysis were very similar to those revealed in the 2003 traffic impacts. Council requested that the applicant clarify if Base Village agreed to construct bus stops on both sides of the road near the roundabout, that the applicant provide the previously reviewed expanded views of the Bridge construction and recent changes made to the Bridge, that the applicant provide further information regarding changes to the loading and delivery bays. Council informed Richmond 01-08-07 T.C. Page 9 of 12 that deletion of trail sections need to be replaced with another trail of the same distance. Mel Blumenthal said that he felt ASC had issues with the proposed landing pad on Assay Hill and questioned the new location. Richmond indicated the previous and currently proposed location of the landing pad on the site map. Steve Pouliot, Town Traffic Consultant from Denver, Wilson and Company stated that he reviewed and was comfortable with the 1.7-percent traffic impact increase of this development on the Brush Creek/Owl Creek Road intersection. He explained the formula utilized to determine the percentage and credits taken against the traffic generated by the Snowmass Center development. He requested clarification regarding proposed traffic control measures proposed for the entrance at the new Town Hall site and asked that he be allowed to comment when Council discusses this issue. In response to an inquiry from Council, he stated that there is a need for some type of traffic control at the Town Hall entrance. Transportation Director David Peckler stated that a 22-percent credit was taken toward impacts on the Brush Creek/Owl Creek Road intersection for transit use in general, and agreed with Steve that there was good rationalization for all the credit reductions identified. Alan Richmond of Design Workshop explained the process in identifying the traffic generation impacts and credits. Council discussed this issue at length. Council requested further discussion regarding parking and stored parking for the residential units, and requested that items brought up at past Meetings that require further discussion be placed as priority discussions on the next Meeting Agenda. There being no further discussion or comments from the public, Mayor Pro Tern Wilkinson stated that this Public Hearing would be continued to the January 22, 2007 Regular Council Meeting scheduled to begin 4:00 p.m. Item No. 12: MANAGER'S REPORT State of Colorado Grant CORE Snowmass Water and Sanitation Board Meeting Wood Road Traffic Delays Recreation Center— Business Memberships CORE Grant Acting Town Manager Hunt Walker explained that the Center for Office Resource Energy (CORE) did not submit a grant request for the 2007 Budget. He said that he felt CORE was deserving of a grant because they have assisted the Town by 01-08-07 T.C. Page 10 of 12 awarding a $40,000 grant to install solar panels for the Town's fitness Center building, the Entryway housing project received an efficiency grant from CORE, and the Housing Department received efficiency appliance rebates from CORE. He recommended Council award a grant of at least $2,500 to CORE and charge it to Council's "Grants — General" line item. He asked that Council encourage CORE to submit an application for the 2008 Grants Review process. Sparhawk questioned if Council wished to be a sponsor of CORE and explained that sponsorship involves a donation of$10,000 - $15,000 per year. Lewis made a motion to grant CORE $2,500 to be paid from Council's "Grant-General" line item. Sparhawk seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. Council requested that a discussion regarding CORE sponsorship be included on a Meeting Agenda in the near future. Council/SW&S Meeting Council agreed to attend a meeting with the Snowmass Water and Sanitation District SW&S) on January 25, 2007 at 9:00 a.m. at the SW&S Board Meeting Room to discuss the Water Report, and asked that the Town Clerk post a Public Notice that Council would be attending this Meeting. Recreation Center Business Membership Program Walker reported that staff monitored usage of the Recreation Center during the Christmas holidays and determined that there was capacity sufficient to consider a Business Membership Program. He presented a Program that would allow non-resident employees of businesses registered for the program to qualify for Resident rates, and requested Council approve the establishment of the Business Membership Program. Lewis requested that staff identify the research utilized to determine the prices and questioned the proposed fees for small and large businesses. Council reviewed the information and requested that this item be included on a future Council Meeting Agenda for further discussion and consideration. Item No. 13: APPROVAL OF MEETING MINUTES FOR: 12-04-06 Lewis made a motion to approve the Minutes of December 4, 2006, seconded by Sparhawk. Council requested deletion of the portion of the first sentence on Page 3, paragraph 2, which states "...since it became necessary to raise the buildings somewhat in order to provide underground parking...'; on Page 3, paragraph 3, second sentence, the name "...Horse Ranch walkway..." be replaced with "...the Sanctuary walkway...'; on Page 4, first paragraph the sentence read "...Brotherhood of Skiers representatives...", in paragraph 3, last sentence. the word "Visa" be replaced with "visa" and the word "employee" be replaced with "employer'; on Page 6, third paragraph, the third sentence be deleted; on Page 9, sixth paragraph, second sentence, the words "...Weber indicated the lots.." be changed to "...Weber indicated certain lots..." John Dresser requested that his name be included in the list of Staff Present on Page 1. Lewis made a motion to approve the Minutes as amended, seconded by Sparhawk. The motion was approved by a vote of 3 in favor to 0 opposed. 01-08-07 T.C. Page 11 of 12 Mordkin stated that he was not present at this Meeting and abstained from the vote. Mayor Mercatoris was absent. Item No. 14: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Holiday Parking In response to an inquiry from Sparhawk, Peckler reported that parking was at capacity during the past weekend and all Town resources were utilized. He said the Entryway redesign project would provide for future additional overflow parking at the Rodeo Arena. Council said that Jazz Aspen/Snowmass utilizes the Arena for parking during the Festival, and asked staff to consider use of the Arena for overflow parking. Roaring Fork Club Lewis stated that the Roaring Fork Club valet parking created an inconvenience for guests, residents and business owners, and the fire access has been compromised. He asked that staff meet with John Mele of the Fire District to address the issue. Mordkin asked that staff remind the Silvertree that they are not allowed to use the numbered lots for Roaring Fork Club parking. Employee Housing Guidelines Lewis requested Council schedule Agenda time in the near future to discuss the Employee Housing Guidelines, specifically to address the $1 M price gap between the most expensive restricted housing and the least expensive free- market housing and how it was affecting middle-income employees. EOTC Meeting Peckler stated that the Elected Officials Transportation Committee (EOTC) Meeting was scheduled for Thursday, February 15, 2007 at 4:00 p.m. Meet the Town Manager Candidates Social Event Coxon stated that a social event to meet the candidates for Town Manager was scheduled for 6:00 p.m. on February 18, 2007 at the Snowmass Club. Item No. 15: SERVICE STATION LEASE AGREEMENT Jason Haber reported that he received an appraisal from Rocky Mountain Valuation Specialists for the land at the Entryway proposed as the location for a service station. They provided valuations based on two valuation methods to provide fair market value based on highest and best use of the property under Community Commercial Zoning and determined a value of$33M. They also provided a fair market value appraisal of$2.2M based on the use restrictions outlined in the RFP issued for the Snowmass Village service station. Based on findings in the comparative analysis and considering the subjective nature of this type of appraisal, the appraiser was comfortable in a range of values between $50 and $60 per square foot. If the low end $50 per square foot value were to be applied, the property value would be estimated at approximately $1.8M. Haber said that the appraised valuations were 01-08-07 T.C. Page 12 of 12 factored into the lease contract framework developed by the Service Station Negotiating Committee. He referred to a spreadsheet and explained the components that contribute to the overall structure of the proposed lease agreement. Haber requested Council direction on how to proceed with the negotiations. Council discussed the language in the lease, current zoning, potentially including employee units on a second story to help close the financial gap, and the strategies and commitments made by Brush Creek Capital Holdings (BCCH) to assist with closing the gap based on their ability to generate revenue in order to do so, Carey Shanks suggested that BCCH meet with the Conoco owners to identify the gap and negotiate the deal once Council determines the appropriate land value. In the interest of maintaining the essential service, he said he felt the Town should be involved, and confirmed that the Town indicated the scenario would include no subsidy from the Town, and BCCH offered their efforts to be a part of the solution. Bob Purvis suggested Council identify their choice of land value to initiate negotiation discussions that would maximize the land value of the Town at $3.3M number. Jeff Head stated that there would be revenue limitations for a business of this type when considering the restrictions. Mel Blumenthal urged Council to let the Service Station Committee, BCCH and the Conoco owners work toward an economic solution without a Town subsidy. Council majority agreed to direct staff to reformulate the Committee to discuss the issues, base the negotiations on a $3.3M land value and report back to Council Item No. 16: EXECUTIVE SESSION: Council agreed that there was no need to go into Executive Session at this time. Item No. 17: ADJOURNMENT There being no further business, Council Member Mordkin made a motion to adjourn the Meeting. Council Member Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mayor Mercatoris was absent. The Meeting adjourned at 9:47 p.m. Submitted By, Rhonda B. Coxon Town Clerk RE= I Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 Town Council Meeting 4:00 pm 11 12 13 14 15 16 17 EOTC Meeting Aspen Council Chambers 3:00 p.m. Valentine's Day 18 19 20 21 22 23 24 Fat Tuesday Happy Mardi j Gras! Presidents Day TOSV office's closed 25 26 27 28 Town Council Meeting 4:00 pm Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 Town Council Meeting 4:00 p.m. 11 12 13 14 15 16 17 St Patrick's Day 18 19 20 21 22 23 24 Town Council Meeting 4:00 p.m. 25 26 27 28 29 30 31 11 SNOWMASS V I L L A G E Marketing , Special Events & Group Sales Budget Presentation to Snowmass Town Council February 5, 2007 73e Administration 38% oP. m+ 0Aw v0W 1041 31 % D Administration Marketing 13 P. R,SpecialEvents o 0 co ® o I, / \ 0 0 III 1260 1534 O Administration 40% o summer 48% O Winter 1098 0 Adm ss 0% w+. w osrwlma orr l m vw: • , y® / y y 756 41% s z n Adyinistration a Alarketing s:} SPecia! Everts P. R. 298 r 1900 f 4t 7 ss. O Adminis tration 0 Marketing O SPeciRl Events O P. R. 14;# / e: \ 1 COq _ \ 2 2 . 107 20% Personnel w Contract Services Operations/ Other a One- Time Administration Marketing &Special Events Director SUSAN HAMLEY Marketing & Sponsorship & Marketing, Communications Event Marketing Guest Activities & Manager Manager Guest Services BETH ALBERT DAVE ELKAN SUE WHITTINGHAM 0 Fanny Hill t Stege Ss[ em Visitors C[r O Gues t Kios ks ONINNVDSJOJIVII IV :IrlffVrIlVAV AJODIsla JHIAHVSADVLQI ONIA' Orlrl0g :4HJL ljjjp AM(am rcd{, Ll t t t iii rErff :! i• ' F4v., rNirt ut•'yS' EL.» i,e. s6 fE I t f 9 . tidY ha'{L r i i i' Ld E b ,s:. .Wr,,, ...,-,vv.:K.w y{ ,a •. {°v+l Egg ., nF gbx. 1ffi Faa $ r qy i r P° ^ft yA i" bry f y 4v Y ai s en V li ( 4+a#tr rripctl, ., r 9 yl ., l v w .a I 1 v i i v r v J` _ o i Il ' a V a 7 i i t r e' Q 4.AiJi.#rri ,. r ni i I °a2 N a A r yt6'ST'i v trey r C W.ne yiµ y fi s 1 y iL-, z° t t tlt(ry#tlHr.#r ;i n nr 1.yi T r' 1i. i, a,:.. r: F• Y OV uN t l y{ZX iti{ J i Y ' y . i_ i y r° t V,+i rrry k -_ I i 4 1 t1ir x; 7 a n i .'; S' i 6 a un# ii' w' " i6 G k..silo ! U a `c'4 i b ut. ._ Vy 5 y V: r 3• f J. 1, r r r 77 c.. .It i i ; b y 5 e r, y Y y' t t I r f t''( 1. , - a- `• r Fys e.„ r'r j, ' .. Y ?° r) is ice +' A , d 1J i tyl P il. r fa g', 7smi "„} !;} i [ tr" 4s. ry,-a..... 4 '- Y '` r4 "' 3 0 Y f jwx 1. x Ly"L-.:' T.+ Brand 4393 O tools r v,M1 Online Guest grvcs O dents L7 Groups Marketing Keepers of Snowmass Village brand Guided by Aspiration Statement Driven to be multi- season Focused on key target audiences Strategizing today and tomorrow Developing fully integrated campaigns Winter Marketing Plan Get through coordination with SkiCo Drop targeted direct mail Broad message: Mid- September Family message : Early December Broad end- season push : End January Reinforce with email blasts Complement with other efforts Purpose Target Activity Circulation SEPT OCT FINOV DEC JAN FEB MAR Branding/ Trial YAA/ I + Family SKI Magazine 450K X X X x Branding/ Trial YAA/ I Skiing Magazine 400K X x Family/ Adventurer 650K( Traveler Travel Branding/ Trial s Outside Magazine 225K) er X X X x X Front Branding/ Trial Range/ Family 5280 Magazine 40K X x Denver Post- Snow Report Branding/ Trial Front Range 15 weeks) 2M X x x X X X Branding/ Trial Front Range Westword Edge 98K X Branding/ Trial Western Region SKI Press 525K X Branding/ Trial YAA/ Skiers Freeskier 36K x X x x X x Branding/ Trial YAA/ I Boarders Transworld Snowboarding 88K x X X X Branding/ Trial YAA/ I Boarders Future Snowboarding 100K X X Branding/ Trial 100% Family Travel & Leisure Family 500K X X X Upscale Ski Database Dev Travelers Treasure Chest 500K xX Ski/ Board Database Dev Travelers Snow- Pak 220K/ 260K xX Colorado CO Trial/ Co- Op Travelers OSVG 550K Warren Miller SnoWorld x Snowboarder x x X Powder X X x X Ski Magazine, Sept ! 06 T Outside, Oct ' 06 Promenade, Sept ' 06 Skiing, Nov ` 06 m My D"I. girt fikes green rum and calls da day stand roan. MY son. is just halls as fat away into a as passible. Me? I still Eke itat" and deep. And of course. my* its Ekes the whole shabang— enislag the groomers, hitting a tow bumps. and than topping itall oft with a law slopeekfe drinks. hb hard to ranks ati: syone happy. But at 8nowmess. this powderinwmet stags out of the doghouse. 95% Ski- in/ Ski- ont lodging eonvenionee ww Vt. silo wMassv ill age, cDal 1. 80O. SNOWMASS [ a. scn. rssssrl] Ski Press, Fall ` 06 M Peoplethmw mound theism- admo dne mih" like it's sonrethbgthat happens everyday. For my buddies and me, our duaebokt for adventma is higher. We treed a ski ex that lets us go eig. You know the sustr.— thad( seiirgywr get whenyou' ve liked to tho top ofa douitadianmtd run and y.', e looking do. the steep descent. You Wt it, Isencimi; off the did, dpping through trees, bleating dvougt the powder. Mrds can' t describe it. It's go tmw at svown, ffi . 95% ski- in/ ski- out lodging convouionce virmsnowmassvillage. com 1. 800. St OWMASS [ t. goo.] se. osN] f r Travel & Leisure Family, Sept/ Oct ' 06 l Outside, Sept ' 06 5280, Nov ' 06 r It's hard to get esory9eda together nd to on. thin at emod t.. We actually oast'. You can walk or shuttle anywhere and to gondola around town. We ski rif t Barn cur condo onw the stapes wtara the rrew gendda vAfsks us up the mountain. pt[or a day full of goose for my daug vm. torron park for my sea. face shuts for my husband and gmarmera for ma— we rendo. to download our day. Sit back, alp your cocoa... it's Snoarmas. 95% s& i- in/ ski- out lodging coovec[ eoce VU17. snoWmassvillage. com 1. 899.$ idO Jli$$ [ I. M. 766. 06M 4, outside, Nov 106 A Ij sweet" d the g . Tim Owv% 8 Wk. m m My r 6 dwWO9 to Stan. Nks wL" M ShOt. 41* R Am' yh. j,., d" t part* 4 dw nm% twddies wanted 0 hit dw V" S.* 0P-- em Mh EIK PWdlass of whom I rABONI• I kMW where I was fining to( ursh BaRMfl jfS all goOdL aIjw Hill. j, m5i," M dWm V",, ym. M( W go- Sn SWM P- im mS" 36, 95k ski- inlski• 9nt{ edging convenience VIVivi. Soo U massy illage. co a] 1. 800. SNOWMASS ps9O, M- 96271 k i t Ski Magazine, Oct / 06 Skiing, Jan ` 07 We' ve nave, had a wearer vacation like it] Everything was within 10 minutes of out coadomWtan. and we stepped tight out out door and onto the slopes. We must tired of Snouts.,. hat the X- 6ames hoffpepe at Buttennifk was fast a short, tare sftttde away. And the moot unforgettable thhe The look on my wife' s face when she realized she cwdd refsa and lot the kids go wild. snowmass mado mo a hero. But the smiles— thoso were ail the mcognition tn" dod. 85% ski- intski• out lodging convenience xvWW. Snow massvil] age. coin 1. 800. Sil0PllilAS$ [ L800. 266. 9627] Freeskier, Oct ` 06 It iw Y. yp I love the perk. but 1 want d etl. Then' s woos port of me that', foh longing for the exM] audion of dieing ttnaagh dame trees mid nmwigating thw. gh a hoaldar field... pfurgirrg from a rock wall Into waistdoop powder... and then doing it all ovor again. They say you shodd hwoe ym battles. At Saowmass. I don' t have to. 95% ski- iolski- out lodging convenience eruvi. sno vim as svilIage. tool 1. 8003110tM MASS [ 1- 8110. 2664622) MI, Winter X Games 11 Program Freeskier, Nov ' 06 Westward - The Edge, Nov ` 06 1 61Y fia. d. tbw& I'm afit& huaUne- I mean. tl* p4m, is epic. SoIs hitting tl* trees and hiking the Mi. But aRer a few days, I want oven MM, So I Idd them 0 ucaueavert. RcUk Ist., l mdse. thmmy fines] was Wing. Rusydidn' t believe until they lacked UP. Dude. that Was hugell Bucklm Bp. This is Smostrasts. 95% ski- in/ Shi- Olft lodging conyoniff" Ce vrwv. snow ma s svil Iage. com 1. 30O. SHOWMASS f x Travel & Leisure Family, Nov/ Dec ` 06 5280, Jan ` 07 f l pi Drtviag the ktds to soxar practice bnY axwAY walNy tune togethat. So mt hand to t Sneamass every n% stet The lodges are fhamllY on the ntamian- step o the condo E nght onto the slopes. notiansportatlanhauls, or antennae, eecipment The kids rave about the avmvn a ski school. cod packs ate NASTAR tease, and 1 late widoopea gmornen. At the and of the deg ewrymm Is vomited far dngalonga by the camplia, 1hewmke and a lot of U40s. My invents pan? Riding the dmidiA together I damn mom about my kids in those moments than Ido ina week at hope. when my bndiy is happy. Pm happy ft happens In Saowmsoa. 95% shi- in/ shi- out lodging conyonience vvu. snon mass village. com 1. 90OXIOVI RS$ ( 39a J66. 9517) . N MOM kMt; y, 1h V2.. ` 4j'e4, ( 1 ! ' }. SV fi r} : lli7• Transworld Snowboarding, nt A .' i+ 3'i' ""' r f iati." ` n' iG,, r yy ` Dec 106 M]j [ j. 4y 5 dJp { ,' Future Snowboarding, Feb 7 Dec sale date) t W F r S i R, s Ermym ea+ aes back Srmn Sm =% with a atmy. For snrne, it's about mm4uemr4 saner otwatat deep puwde and nevaranding pttlwv Ibrea. Fm otbera. it's IaanchCnE dAA Zd s eir out 4t 8 super- PF!>a: erne lnalst i, cnrNng tlra parfoct tam iota the cpdnroy. wN3e oKfats say 12'a what bappens wben tbw sum goon dawn. hte7 Yt" se!> Trtfmdbr8 unmrscbeddixis teSl' ea- butilmt' sesta+ Yl' 9 rwvet te9. 857, SIAHIIISM- out ledging convenience r: yxw. snowtnnssvillage. con LSOO. SNOW MASS i 111 rA IR a. ply', ss4h',! '. '-- - " ry'e+ X', r. er a' v+vt 3 fir- a 5 4 f 5 t t I 4 Freeskier, Dec ` 06 t f nets is somedmg abwt taking an in Snowmass. Sisk terrain, Brady cifis. i Ex as radical. A blast at cAd an as the ground below, disappears. My heart is panndag, my mgitw resirg. Hglwr and hWmr.. leasing down wet 1060. antes of sweat. cpasidin' twania. banding gear doter- runway ssead. nere we always solt Leading, in snowman. f M ski- in/ ski- ant lodging convonienco vrwyr. snorrnassvillage. com 1. 800. SNOWMASS ( I. 800. 756. 9m] d y OP 40, 000 Direct Mail Pieces SKI DA c rW07 September 2006 x XBYENBEI A tAXeAnY FEBRUARY AWRCR ANAL 6hHAVEE1RE.....'= ate am marm urw nuti, rvnttssrvv rm i A r 3,c...' YA snrus rasa rarau r¢na WE E 25, 000 Direct Mail Pieces hN November 2006. sE ac sss tiIkgc, a lo da v n... m... n... n... W._ m... m. sn._ E Z HOUR HOLDS VE k+ A NEW ADVENTURE IN SHOWMASS yon CAN please everyone! P fl Lt S 6a e Ssooestsheraere7ce 1 . e t oa oecfadl hos tlq Era r souavwu«- mgea' m E dMo rm. Y 1S 7S liW. ryainas7 w VIE HAVE 4308E ID « nx« say.« aA a« s. e .« em gpa. en. nm S- 0 hmmni iQeaan,/ q« e g 4 ty uA gi 75, 000 Direct Mail Pieces L^OlilitlY4[ 16CP46a 4mpu akl, KCJS. f zwraww lp4yltzu! 7TPHiT X54 • ot 3nuti„ sameea9ra91irmiaYlsxi 4p January 2007 MY KG M e, sp S Hub msame j td t d , i• „ , , , d , f .. ra . f _ et p. - a• M`•. A ji' y t ypA Yoslep+' tay ztlas aparedrr daY at Snoze: masx. sue+ e 4?L • ^ d "', Tmnan+ ommdlbeone too. And the next dxY... and the nert..... d the dqv aft" that, t.,a. • le a.* a i•. E • Ma t THE SNOW NAS BEFN FtL1NG UP, AND SO ARE THE REASONS TO VISIT 1 4 tSi W0, NMASS YILUGE THIS WINTER. COME ME WHAT' S NEW! A nave elghipenne Vedda apupYnA upW Elk Q pinlun 8.5 minulee. Anew, Impmwd U" npa, ka" d htltplPe. Ott 31 O aems om caYr y WmM M ertR g L'ti{ IwmPM GUta artd WwOCC AnE as nlwart. 95R aMlAn/ ekbutlaSl nS camaoleree RDD. snoama5srilldge. csm 11. 896. 564. 8199 fINTE I E EEE Eh1 IN AIaN5 V111IIY RQ N' FQR FRESH PUUfDER ra < < asE t Denver Post Snow Report Every Week iSNOWMASS 4 Treasure Chest Mailing, 4 Mid- Sept to mid- Oct ' 06 4, 000 Names Captured rN. giaPk.. pm. n.w,. a. ae, le a aar. mmdnaee Nr. m.b i,t. Ae.a, a.w. ew. yxmw e. pw+ Aly.# hI l. tiP like it. mapnntl aeeP MaN aenq rrta' wLe Wma Mewlwb. AVberB- netidry( dw$ nwn. e4 NnNpa lew Same,. nd tAm mPpn6i[ N efiwiM a hw alop. ride annla. Y FaM m maNe evnwne Aerp} 8W et Snwms.. Im. p. wamAOanaamn. WN mea. gAaa... 94% ski- iniski- PPE logging ssnrenisnss TwA. sa nmassli H age. com L$ 00. 3HOIYHASS kw.. ru" M K SnowPak Mailing, Sept ' 06 2, 000 Names Captured G F h FREE 1 HISSFEE TEEMIH= U'", 19- FkZINT a OP SHEaH, SFI- 0H6 000 64 SELY( 1Fi L tQ061H6 PSGH EaHQ Crock k OW ThonC @w& 12 wOh efr lgu caUnrtm 6ETAIGTH ir.]Y OF EIFi IQH$ InP EHEE! tram agbG of Fury F9hto hp• apsciacubr gdpiw% ccnary 4.4, 4'l. S HQ VUSS41 t la 6E. 6 a or ok comp b fnl 7.S mrnwa. 1. 80Q. SEIQ G' EaSS psP. 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Gal pifirorha 0ffk* h MfY NIIV. Err4 Minplarrennary Gapan drPor: deaft, Impecasue our gear[ imams, wGuecr prate, viriflpml Was, ran ar to dakGe tp WYMER comam" Unt h" Meong ses, rue am watumfing pal defilow 09: 0131W follaV4 WWW". RMPIRM, flu WHI and warm am MGM lodgirgomoas Santee to tear your mry nequade ArL as Fluldwasswes waroo MI aa4m earnplananday airpaft S= gum my Rouselkvie"Scums: b6 M777P- N EXCEPTIOTIAL RACES TO MY& PLAY VIM SU 0 YJDASSUI LLA C LCOU 1300. SUIDIUMASS [ M. M' 93213 FREE Merchant Ad Support Local Papers Business Rotation, Both Seasons fa i I1 _ s' y m NfldcatCafe Stdn" ul RodryMwdainChoalateFaatery 15, d si . a Stamm iditia Famdid try lVnlaiy Ixb, Bamte oxary a mft Pedal Wdeatim nhu aide tlaalde2 S-'. gtrmlied, Lakidhe aqud mtdxapttna[ gift, a, ea5petarmq nhmmaodmglagpTlonau ym rtaSadhidFpbebashnip 1 . a _ ud SL541xx. v-' J, '. SnaraossCerter 923- 49D SMOSSVILIPlda8 9233965 Soamus' J aB 9232875 Slpnm6ass Cana6o Ma nt* DrgM COW= gpce4ngnPmidmGtnim... 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C43astdflCdDOUTPt tkE! i C•i r s iri i a c .a+ c r s} 7i {irfl}t3iffYr nx rti7 ftt rt r n fQ} QlttAkfN} ldA}IFt iI}y}h d wf°R11 h F' klif3 fir - r k T dr x a.. •r d 3 rrr€ ri,r _ EAST r1 .. ftf IN j i 4jtI Ir r' t 8Y I1., ,j x • i' }f' j}i(€ j( i€{},i{t3, t4{ f({ .,_, n- I 4. ` F.,x444 V/ J L C 0 0 LL to J y c C 0) Q G N Z jjm 10 O Z W W V Q b t'1ffi i pia w A IM, R CIE E P' 5btru9€'LAJ oI(E Z,Up cWIT NEW! 3 Signature Sales Piece Coffee Table Book 77 Al. snowmass village colorade SNOWMASS DAILY ACTIVITIES f I SPECIAL EVENTS& ACTIVITIES EVERY DO, ALL SEASONi 2 Carrelr tt:" car'. 25,25 3tQ1, Mft 11 Outdoor Kiosks Aspen & Snowmass Village January ru, MMn@U 13-11, uasa, u. rus CCk.. w 22 Gn& Sk" a, 752. 3 f a- 62i An. February BW is 61, ill; 6K.3n,c,I'". Qk,IO. 1 Q', NW,& twr 23 % V1, 4110. 9AllFl, March 2 t.. n 25 y1W 12 R. 01fLi. 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I lr V ° www. snowmassvilla e. com A,2; - r i J ir • __ _ r 4 iIIa3a ina Gtir, Smtrtn G , SJ t 4i , x Plan & Book Online Novi 01! 86/ 2807 0 / 07/ 2007 X j 3TfJClhif. 0 Lismod eniam volesenisl tit vullamc orting et mbh enisi euguer Bed eummy nulla adigna feugalt, z 1; 0 1' = volenisit dolore magma copse diatem ituptatie t 5• / 1 volem dolutat praesed eras dofabore duet venibfi e-' H - x I euipsusci Its amconse rain vel ut praesse quisisl ut lortist utpat num alis nonsequ ariustrud dolore mapolam etuerosting exeraese dun' iriuscl a -,.. '^' c psusto ewpsum iGt ad modigna autatumsan utat. Weather Upcoming Events click for a full schedule y Rspen/ Snowmass Open : Nov 23 Picture of the Week Ftal2jn`# ' Winternational : Nov 25- 26 r Storm the Stars Uphill Race : Dec 2 New Year' s Eve Celebrations : Dec 31 This Weak in SnowmasB L J& Vwt Iy a 3ohnny Lang- Chili& Brew Fest r o m2a) Q 11( CSt ixY p 7 pawl 0 gwG it;7r ic. MD. Kt..;'` Incasv, t ->;', h1is ? 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Wtm i. a, Website Results Visits Page Views Browse Lodging Jan ' 05 23. 5 51 . 9 4. 5 Jan ' 06 31 . 4 204. 1 22. 5 Y/ Y 34% 293% 400% Jan ' 07 39. 3 373. 5 302. 5 Y/ Y 25% 83% 1244% Dec ' 05 18. 2 46. 4 3. 2 Dec ' 06 51 . 9 357. 6 213. 5 Y/ Y 185% 671 % 6572% Nov ' 05 22. 8 214 145. 2 Nov ' 06 37. 4 243. 7 187. 2 Y/ Y 64% 14% 29% o of Aspen/ Sno Joint Initiative with ACRA Guest Services Outreach How to Aspen/ Snowmass The Star Program Service Recovery Mystery Shopping Massopoly, Faces video lSnr corns Q amt owu amts conic Y SA 01 SrSNIH1 NOS"(] III dD 9d" Z OOCH34131A MIHS' 81H911R SN OIDVI CO NI' r1NENOw 3m WI? a TUESDAY, DECEMBER 12, 2006 s mag iin ccoc Stiu IN SNOWMASS VILLAGE 7AD SS BUSINESSES GO TO WINTER LAUNCH... GRAND PRIZES TO KNOW RELATE AND CELEBRATE P. stnt.- s6a. Glrtsarcjrcadapiran IGHBORS i. Vck tk irGNmz Cwl=. Y`= CmtII hFcntc. Cxrrra ca GVF with S't] aHise cu bae+ aer. x? c srd o_ pn. wurterbar. s=.. pax= Fd Cvssre BONJ w qan tte slwnas Y. 71z inMesxtpal. 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SUMP ry 507 J 37% m Dirt Music 13 Festivals 224 0 Winter 600 E3 Activities O Resources 3 Other Special Events Reasons to Visit; Stimulate Return Regardless of Events Primary Strategy: Music in Mountains Secondary Strategy : Gravity on Snow/ Dirt Tertiary Strategy: Fill Gaps, Non- harmful to Overall Strategies, Guaranteed Audiences Sponsorship Assets Increasing Winter Events Holiday Activities Winterskol Mardi Gras , Mother of All Ascensions St. Paddy' s Day SkiCo Package : Hi- Fi Series , Bud Light Big Air, Spring Jam , Freeride Series New: Winter X- Games Support Summer Events All 2006 events and activities return in Summer 2007 New: Trails Running Trifecta in June New: Peak Potentials event/ group in June ( 5K people) Grassroots marketing & promotions Sponsorship & partnerships growing public - Rela Ions Travel 16% Misc q d Needs 5% Resources 5% Media Collateral 12% Media Visits 12% 2006 National Media Success DLPAU Girlfriend I I a ioi n -- PVflMAN CieMWaY5 Am rrt tyt' dhYC Published : ti 01 4 LAS VEGAS! 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AFFLUENT ARIZONA LIVING s\ green light Y all Forthcoming : 2 ir, APFPCI Po- VA SMaKArlwo-3AN rlssaoonS aipaW j 90OZ PR Impressions Impressions Snowmasspress. com 2004- 2006 Website Visitors 2004- 2006 54 million 40, 000 60, 000, 000 50, 0001000 305000 - Unique Visitors 40, 000, 000 30, 000, 000- Z 20 00 0 20, 000, 000 9.4 million 109000 - impressions 10, 000, 000 Page Hits 0 0 2004 Zoos zoos 2004 2005 2006 rte` ar i7'} s}_ . .•",}„°- ti{ 0 Sales Tax 0Interest Income 0 Summer Events 0 Winter Events 06 vs 2006 Full Summer Sales Tax Revenue Summer 05 = up 11 %; Up 30% over K) I Baseline 03 A 80-' X Down 3% vs 05; Up 30% vs ' 03 72 70 Up 3% vs 06•, 70- Z 665 U D 23° 63 ' 03 Up 13% vs 05; Up 114 ' It) vs ' 03 60- z Up 8"% vs ' 05; 54 55 4 Up 26% vs ' 03 50- Z 44 4d 43 44 m2003 m2004 40- Z Up 33% vs 05; o2005 70/. 104- IT OKO/ fill o2006 30 2s26 p 54% vs ' 03 17. 5 2C 20- IZ 1611— 14 15 14 10- z 0 2006/ 2007 Winter Sales Tax Revenue As of November 2006 K) 30o Up 10% Y/ BL 254 248 250 230 213 214 215 199 X94 „ m2002/ 2003 200-//00 176 179 83 2003/ 2004 160 2004/ 2005 47- - 2005/ 2006 50 129 2006/ 2007 100 54 54 38 38 50 27 26 22 0 IZ Aspen- Snowmass Occupancy Research -- November 5, 2006 Report Snowmass Results -- Monthly Summary Reporting period for bookings: May 2006 - October 2006 Results based on 10 properties Bookings current as of 11/ 5/ 06 100%90% 2006 YTD( bookings as of 11/ 5106) O 2005 YTD( bookings as of 11/ 5/ 05) 0 2005 Total actual bookings 80%70% y 59% 60% 55% 540/ 1 V 49% C 50% rL v 41% 40% L' 40% 33% 34% 34% 30%20% 10% 12% 9% 10% 6% 0% May- 06 Jun- 06 Jul- 06 Aug- 06 Sep- 06 Oct- 06 May- Oct Total Month Aspen- Snowmass Occupancy Research -- January 15, 2007 Report Snowmass Results -- Monthly Summary Reporting period for bookings: November 2006 - April 2007 Results based on 14 properties Bookings current as of 1/ 15/ 07 100%90% V75% 80% 78 75% 75% 69% a 70% c 60% 51% 57% 57% 54% 50% 50% 47%* 47% R Q v 40% 0 30% 26% 20% 18% o 13 9% 14% 10%0% N -( 6 Dec- 06 Jan- 07 Feb- 07 Mar- 07 Apr- 07 Nov- Apr 2006/ 07 YTD ( bookings as of 12131/ 06) Total D 2005/ 06 YTD ( bookings as of 1/1/ 06) Month 2005/ 06 Total actual bookings C. SNOWMASS V I L L A G E Marketing , Special Events & Group Sales Budget Presentation to Snowmass Town Council February 5, 2007 Sales Territories Everyone will keep Financial , Government, 3rd Parties , Corporate and CME within their geographical territories Karla Baker — Ski Groups, SMERF, Pacific Region Jim O' Leary — CLE, Incentive, Central Region Cindy Kimbrell — Hi- Tech/ Technology, Scientific, Eastern Region Neil Camas — Education ( University, College, Board of Regents), Insurance, Mountain Region including Texas & Idaho Becky Ellis — International 2007 Sales Strategy CPR 0 Advertisements L 0 Travel 0 3rd Party 0 Direct Solicitation DFAMs 0 Sales Blitz Group Sales Revenue K) Increase of 12% 6. 3 6.3 6.2 6.1- 5: 8 6 5. 7 5.9 zzz5. 8 5.7 5.6 5.5 5.4 Emir_, _„ APPLICATIONFOR MINOR AMENDMENT TO PUD FOR BASE VILLAGE Submitted November 30, 2006 November 2006 Appkcation for MinorAmendment to PUD:Bare VYAl gc 00206460.DOC} intrawest placemaking 1050 Inn street Suite 1000 Denver,CO 80265 USA T 303 623 3392 F 303 893 1487 DATE November 30,2006 NAME Chris Conrad LOCATION Town of Snowmass Village P.O. Box 5010 Snowmass,CO 81615 RE PUD Amendment Application Dear Chris, This letter intends to provide you with a brief description of Intrawest/Bush Creek Development Company's (IBC) proposed PUD revisions. On behalf of IBC,I am honored to formally submit the enclosed minor PUD amendment application that aims to modify the following PUD items: 1. Permit IBC to move Building 13B from Phase 3 of the development into Phase 2A of the development 2. Decrease the Employee Housing square footage in Building 13B from 6,661 square feet(SF) d to 2,926 1,0 SF. A3. Add 1,063 SF of Employee Housing(EH) to Building 11 in Phase 3. 4. Provide an additional 5 EH units in the Base Village 5. Incorporate the Combustible Material on Building Exteriors report dated 12/6/05 into the PUD in lieu of doing so via Administrative Modification for each building in the development. IBC would be pleased to provide the Town staff with additional supportive materials if necessary. We appreciate your review and consideration of this proposed amendment to the PUD. Please contact me at 303-621-4394 if you have any questions or require additional materials. ours truly,— 4DougBeall Developme Manager We create places where amazing experiences happen 1 APPLICATIONFOR MINOR AMENDMENT TO PUD FOR BASE VILLAGE Submitted November 30, 2006 November 2006 A-pp&ationforMinorAmendment to PUD:Bare Village 00206460.DOC} SECTION 1 APPLICATION AND REVIEW STANDARDS 1.1 INTRODUCTION. On August 30, 2004, Intrawest/Brush Creek Development Company LLC the "Applicant") and Brush Creek Land Company, LLC submitted final PUD plan application (as amended by information we submitted thereafter, the "Final Application") for the development of the properties commonly known as Base Village (the "Project"), Fanny Hill and Sinclair Meadows, all located in the Town of Snowmass Village, Colorado (the "Town"). An application for an amendment to the Official Zone District Map was also submitted at that time. The Final PUD Application was consolidated with the application for an amendment to the Official Zone District Map. On October 18, 2004, the Town Council of the Town (the "Town Council") approved the Final Application and the amendment to the Official Zone District Map by passing Ordinance No. 21, Series of 2004 (the "PUD Ordinance"). The PUD Ordinance was recorded in the Official Records of the Pitkin County Clerk and Recorder ("Pitkin County Records") on February 2, 2006 at Reception No. 520481 along with the Base Village PUD Final Plat which was recorded in Book 77, Page 30,Reception No. 520483 of the Pitkin County Records. By the submission of this Application for Minor Amendment to the PUD this "Application"), the Applicant requests approval for a Minor Amendment to the PUD Ordinance as follows: A. Change in Phasing. The Applicant requests that Exhibit B to the PUD Ordinance, the Base Village Planned Unit Development Guide, be amended to give the Applicants the right to construct Building 13 B as part of Phase 2A. B. Change to Employee Housing. The Applicant requests that, in connection with the change in phasing, the Base Village Restricted Housing Agreement be amended to (a) reflect the additional Employee Housing Units being constructed in Phase 1A,which have been approved by Administrative Modification, (c) change the Employee Housing square footage in Building 13B from 6,661 square feet to 2,926 square feet, and (c) increase the Employee Housing square footage in Building 11 to add 1,063 square feet. These changes will bring the Employee Housing units into compliance with the code, in terms of square footage, and provide for the Employee Housing to be built during the same timeframes, or earlier than currently provided in the existing Base Village Restricted Housing Agreement. Finally the changes Nowmber2006 AXlitation for MinorAmendment to PUD;Bate Village tuo205887.DOC} t . will result in the construction of an additional 5 Employee Housing units in Base Village. C. Change in Fire Safety Requirements. The Applicant requests that Section Three, Item 4 of the PUD Ordinance, relating to combustible materials on building exteriors, be amended to include the changes set forth in the report titled "Combustible Material on Building Exteriors, Snowmass Base Village, Snowmass Village, Colorado dated December 6, 2005" (the Combustible Material Report"). The changes set forth in the Combustible Material Report have been adopted through an Administrative Modification for each of the buildings in the Project for which a building permit has been obtained to date. The Applicants request that the changes in the Combustible Material Report be adopted for all buildings in the Project, thereby eliminating the need to obtain an Administrative Modification for each building. 1.2 SECTION 16A-5-3900 AND 16A-5-40(B)MINIMUM CONTENTS. 1.2.1 Name,Address and Telephone Number. Intrawest/Brush Creek Development Company LLC 5131 Owl Creek Road Snowmass Village, Colorado 81615 Tel: (970) 922-0556 Fax: (970) 922-0561 Attn: Michael O'Connor and Douglas Beall 1.2.2 Legal Description. The legal description of the Project site is attached hereto as Appendix A. 1.2.3 Disclosure of Ownership. A description of the ownership of the various parcels comprising the Project site is set forth in the title commitment attached hereto as Appendix B. Property owner consents to the submission of thisApplicationareattachedheretoasAppendixC. 1.2.4 Written Description / Written Statement / Compliance with Review Standards of Section 16A-5-390(3). The Applicant requests approval for a Minot Amendment to the PUD Ordinance as follows: November 2006 ApplicationforMinorAmendment to PUD:Bare Village 2 00205887.DOC) A. Change in Phasing. The Applicant requests that Exhibit B to the PUD Ordinance, Base Village Planned Unit Development Guide, Section 6, be amended to give the Applicants the right to construct Building 13 B as part of Phase 2A. A proposed Amended and Restated Base Village Planned Unit Development Guide is set forth in Section 2 of this Application, along with a redline showing the changes against the original Base Village Planned Unit Development Guide. A proposed amended Construction Management Plan is set forth in Annendix D, along with a redline showing cumulative changes in the Construction Management Plan to date (in blue) and the proposed changes for this Application (in red). This amendment is consistent with the original PUD Ordinance. One of the Town's goals with the original phasing was to make more high- occupancy turnover residential rental units available earlier in the development process, leading to the generation of rental housing revenues, consumer sales and tax revenues. The proposed change to the phasing to grant the Applicant the right to develop Building 13B as part of Phase 2A would make those high-occupancy turnover residential rental units available even earlier in the development process than was originally approved by Town in the PUD Ordinance. In the PUD Ordinance, the Town determined that the Project will not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact upon or across the street from the subject property. The proposed amendment does not change the Project in this respect and will not therefore produce a substantial adverse impact upon the neighborhood or the land across the street from the Project. The proposed amendment does not change the basic character of the PUD or the surrounding areas. B. Change to Employee Housing. In connection with the change in phasing described above, the Applicant requests that the Base Village Restricted Housing Agreement be amended to (a) reflect the additional Employee Housing Units being constructed in Phase I, which have been approved by Administrative Modification, (b) change the Employee Housing square footage in Building 13B from 6,661 square feet to 2,926 square feet, and (c) increase the Employee November 2006 Application forMinorAmendment to PUD:Bare Vi!lagr 3 00205887.DOC} i. Housing square footage in Building 11 to add 1,063 square feet. The result of these changes for Base Village is to provide an additional 5 Employee Housing units in Base Village and to bring the Employee Housing units into compliance with the code, in terms of square footage per unit. A proposed First Amendment to Base Village Restricted Housing Agreement is set forth in Section 3. A table showing the effects of the change in phasing on the Employee Housing is set forth in Appendix E. The proposed employee housing modifications have been approved by Joe Coffey, the Housing Manager with, the Town Housing Department, for application throughout the Project, per the letter dated November _, 2006 included as Appendix F to this Application. This amendment is consistent with the original PUD Ordinance. The proposed amendment results in a net increase of 5 Employee Housing Units within the PUD over the number that was originally required under the existing PUD Ordinance and the Base Village Restricted Housing Agreement. By the end of Phase 3, the same number of Employee Housing Units will be available as were provided for in the existing PUD Ordinance. Finally, all of the Employee Housing Units are now in compliance with the Code in terms of maximum square footage. In the PUD Ordinance, the Town determined that the Project will not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact upon or across the street from the subject property. The proposed amendment does not change the Project in this respect and will not therefore produce a substantial adverse impact upon the neighborhood or the land across the street from the Project. The proposed amendment does not change the basic character of the PUD or the surrounding areas. C. Change in Fire Safety Requirements. The Applicant requests that Section Three, Item 4 of the PUD Ordinance, relating to combustible materials on building exteriors, be amended to include the changes set forth in the report titled "Combustible Material on Building Exteriors, Snowmass Base Village, Snowmass Village, Colorado dated December 6, 2005" (the "Combustible Material Report"). The Combustible Material Report has been endorsed by John T. Mele, Fire Marshall, Wildcat Fire Protection District, for application throughout the Project in a letter dated November 9006 AAt)hcation forMinorAmendment to PUD,Base Village 4 00205887.DOC} 1.2.8 APPLICATION FORM. The Application Form is included herein, along with evidence of payment of fees,in Appendix I. 1.3 COMPLIANCE WITH OTHER APPLICABLE SECTIONS OF THE CODE. 1.3.1 SECTION 16A-5-300(c). 1.3.1.1 MINIMUM LAND AREA.There is no minimum land area requirement for a PUD. The proposed amendment does not affect the land area of the PUD or the land area for Lot 8 or Lot 9 of the PUD. 1.3.1.2 LOCATION.The Project site is located within the Town. 1.3.1.3 USES.The proposed amendment does not change or otherwise impact the land uses set forth in the PUD Ordinance. 1.3.1.4 MAXIMUM BUILDOUT.The proposed amendment does not change or otherwise impact the permitted buildout set forth in the PUD Ordinance or the PUD Guide. 1.3.1.5 DIMENSIONAL LIMITATIONS. The proposed amendment does not change or otherwise impact the height limits, floor area ratios and minimum lot area requirements set forth in the PUD Ordinance or the PUD Guide. 1.3.1.6 PARKING. The proposed amendment does not change or otherwise impact parking spaces or parking structures approved in the PUD Ordinance or the PUD Guide. 1.3.1.7 ROAD STANDARDS. The proposed amendment does not impact the road standards set forth in the PUD. 1.3.2 SECTION 16A-5-310 ETSEO. In the Ordinance, the Town Council found that the Project complies with all applicable provisions of Section 16A-5-310. Because the Project is largely unchanged from what approved in the Ordinance, only a brief description of the Project's compliance is provided below. November 2006 A_eek'cation for MinarAmendment to PUD:Bare Vi!lagF 6 00205887.DOC) November 5, 2006, attached hereto as Annendix G. The changes set forth in the Combustible Material Report have been adopted through an Administrative Modification for each of the buildings in the Project for which a building permit has been obtained to date. The Applicants request that the changes in the Combustible Material Report be adopted for all buildings in the Project, thereby eliminating the need to obtain an Administrative Modification for each building. This amendment is consistent with the original PUD Ordinance and consistent with the series of Administrative Modifications that have been approved for each Building for which a building permit has been approved to date. In the PUD Ordinance, the Town determined that the Project will not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact upon or across the street from the subject property. The proposed amendment does not change the Project in this respect and will not therefore produce a substantial adverse impact upon the neighborhood or the land across the street from the Project. The proposed amendment does not change the basic character of the PUD or the surrounding areas. The Project's compliance with the applicable provisions of the Code is discussed in Section 1.3 of this Application. 1.2.5 Vicinity Map. Please see Appendix H attached hereto. 1.2.6 OTHER MAPS. Because the requested amendment will not change the maps submitted in connection with the Final Application,Applicant requests that the Planning Director and waive this submission requirement. 1.2.7 BASE FEE. All required application fees have been submitted to the Town. See Appendix I. November2006 A,Dbk'cation forMinorAmendment to PUD:Bare Village 5 100205887.DOC} 1.3.2.1 CONSISTENCY WITH COMPREHENSIVE PLAN AND BASE VILLAGE COMPREHENSIVELY PLANNED AREA("CPA"). As amended pursuant to this Application, the Project would remain consistent with the Comprehensive Plan. Therefore, the amendment satisfies the requirements of Section 16A-5- 310(1). 1.3.2.2 PRESERVATION OF COMMUNITY CHARACTER.As amended pursuant to this Application, the Project would continue to satisfy the requirements of Section 16A-4-340 and, correspondingly, Section 16A-5-310(2). 1.3.2.3 CREATIVE APPROACH.As amended pursuant to this Application, the Project would continue to satisfy the requirements of Section 16A-5-310(3). 1.3.2.4 LANDSCAPING.As amended pursuant to this Application, the Project would continue to satisfy the requirements of Section 16A-5-310(4). 1.3.2.5 COMPLIANCE WITH DEVELOPMENT EVALUATION STANDARDS.Please see Section 1.3.3 below for a discussion of the Project's compliance with the applicable provisions of Article N, Chapter 16A of the Code. 1.3.2.6 SUITABILITY FOR DEVELOPMENT.As amended pursuant to this Application, the Project would continue to satisfy the requirements of Section 16A-5-310(6). 1.3.2.7 ADEQUATE FACILITIES. As amended pursuant to this Application, this Project would continue to satisfy the requirements of Section 16A-5-310(7). 1.3.2.8 SPATIAL PATTERN SHALL BE EFFICIENT.As amended pursuant to this Application, the Project would continue to satisfy the requirements of Section 16A-5-310(8). November2006 Applieation forMinorAmendment to PUD,Bare Village 7 00205887.DOC} R 1.3.2.9 PHASING. As amended pursuant to this Application, the Project would continue to be developed in five principal phases. The proposed change to the phasing to grant the Applicant the right to develop Building 13B as part of Phase 2A is consistent with the Town's goals to make more high- occupancy turnover residential rental units, available earlier in the development of the Project, leading to the earlier generation of rental housing revenues, consumer sales and tax revenues. The Project,as amended pursuant to this Application,would continue to satisfy the requirements of Section 16A-5-310(9). 1.3.3 SECTION 16A-4-10 ETSEO. In the Ordinance, the Town Council found that the Project complies with all applicable provisions of Article IV, Chapter 16A of the Code. Because the Project is largely unchanged from what was proposed in the Final Application, only a brief description of the Project's compliance is provided below. 1.3.3.1 ENVIRONMENTALLY SENSITIVE AREAS SECTION 16A-4-10 ETSEQ. As amended pursuant to this Application, the proposed development of the Project continues to comply with the applicable requirements of Division 1 of Article IV of the Code. 1.3.3.2 IMPROVEMENT STANDARDS SECTION 16A-4-200 ET SEQ. As amended pursuant to this Application,the proposed development of the Project continues to comply with the applicable requirements of Division 2 ofArticle IV of the Code. 1.3.3.3 SITE DESIGN STANDARDS SECTION 16A-4-300 ETSEQ. As amended pursuant to this Application, the proposed development of the Project continues to comply with the applicable requirements of Division 3 of Article IV of the Code. 1.3.3.4 RESTRICTED HOUSING SECTION 16A-4-400 ET SEQ.The Applicant requests that the Base Village Restricted Housing Agreement be amended so that Exhibit A to the agreement reflects (a) the additional Employee Housing Units being constructed in Phase 1A,which have been approved by Administrative Modification, (b) a change in the Employee November 2006 44t&cationforMinorAmendment to PUD:Bare Villane 8 00205887.DOC) Housing square footage in Building 13B from 6,661 square feet to 21926 square feet,and (c) an increase in the Employee Housing square footage in Building 11 to add 1,063 square feet. These changes will bring the Employee Housing units into compliance with the maximum square footage requirements of the Code, and provide for the Employee Housing units to be built according to the same schedule or earlier than currently provided in the Base Village Restricted Housing Agreement. These changes will result in a net increase of 5 Employee Housing units for Base Village. The proposed employee housing modifications have been approved by Joe Coffey, the Housing Manager with the Town Housing Department, for application throughout the Project,per the letter dated November_, 2006 included as Appendix H to this Application. 1.3.3.5 SIGN STANDARDS SECTION 16A-4-500 ET SEQ.The proposed amendment does not affect the signage program of the PUD. November 2006 Api5k'cation forMinorAmendment to PUD:Bare Village 9 00205887.00C) SECTION 2 AMENDED AND RESTATED PUD GUIDE 2.1 PUD GUIDE. Please see the draft Amended and Restated Base Village Planned Unit Development Guide on the next page with a blackline showing the changes against the original approved Base Village Planned Unit Development Guide. November 2006 A &cationforMinorAmendment to PUD:Bate Village 10 00205887.DOC} Exhibit"B" TC Ordinance No. 21, Series of 2004 Amended and Restated Base Village Planned Unit Development Guide In connection with the approval of the development of Base Village (the "Project") in Ordinance No. 21, Series of 2004(the "Ordinance"), the Town of Snowmass Village, Colorado the "Town") prepared, as Exhibit B to the Ordinance, a Base Village Planned Unit Development Guide ("Original PUD Guide")which summarized the final development plan, land uses, densities, zone district limitations and development regulations for the development of the Project. In connection with the Minor Amendment of the PUD, the Town has amended and restated the Original PUD Guide as more particularly set forth herein (the "Amended PUD Guide"). The Original PUD Guide shall be superseded by this Amended PUD Guide in its entirety, effective as of the date hereof. Where this Amended PUD Guide does not address a specific development standard or requirement of the Code, the provisions of the Municipal Code will apply. To the extent the provisions of this Amended PUD Guide conflict with or are in any way inconsistent with the Municipal Code, the provisions of this Amended PUD Guide will apply. References in this Amended PUD Guide to the Municipal Code mean provisions as amended or renumbered from time to time except that if the applicable provision has been amended to be more restrictive or burdensome on the development or use of the Project or a portion thereof than the provision in effect as of the date hereof, the version of the Municipal Code in effect on October 20, 2004 will apply. DEFINITIONS Commercial" means the following uses: retail sales establishments, business/professional offices, personal services, restaurants, general services, commercial recreation facilities, private recreation facilities, and indoor entertainment. Commercial Service Areas" means circulation spaces (elevators, stairs, and hallways) in the Buildings which contain any combination of Commercial, Skier Services or Community Facilities, lobbies, administrative staff, storage and back of house areas located in Buildings 8 and 13A, public restrooms located in Buildings 5, 7, 8, and 13A, mechanical and utility rooms, and the loading dock area located in Building 13A. Community Facilities" means Multi-purpose art/conference space located on the lower level of Building 2A, the Aqua Center located on Lot 4, the conference space located in Building 13A, the offices and public restrooms for the Base Village Master Association located in Building 7 and the medical clinic located in Building 8. Skier Services" means"Ski-Related Facilities", as such term is defined in the Municipal Code, together with following used in conjunction therewith: a) access, circulation, stairs, elevators, lobby and vestibule spaces associated with Building circulation; b) rest rooms (public and private); 00205933.DOC 4) c) children's ski school facilities to include day care, indoor recreation and play rooms, food service/kitchen/cafeteria operations, points of sale and associated equipment, retail which is incidental and accessory to the principal use of the building; d) employee facilities to include locker rooms, meeting rooms, break rooms, dining areas, showers, offices which are accessory to the Skier Services use of the building; e) ticketing, concierges, information desks, ski school sales and registration counters and desks, private lesson desks and waiting/lounge areas, associated offices for accounting, auditing; f) ski area administrative offices; g) public rental lockers and basket check services; h) limited cart oriented retail services within Building 7 only and excluding the Transit Plaza platform area unless authorized by the Town; i) transit arrival services within Building 7; Q) central condominium registration and property management services within Building 7 only to include check in counters, luggage storage, lobby areas, changing rooms, offices accessory to the principal use of the building; and k) ski club facilities in Building 8 only to include arrival desk, ski prep rooms, lockers, outdoor deck space, business center, limited food service for members only, rest rooms, limited spa facilities, limited health club exercise machines and associated weights, meeting rooms, media rooms, limited private bar. GENERAL DEVELOPMENT PARAMETERS 1. Zoning. The underlying zoning of the Property is Mixed-Use-2. 2. Subdivision. The Property has been subdivided and said subdivision plat was recorded in the records of the Pitkin County Clerk and Recorder's Office. 3. Permitted Uses. Permitted Uses are those uses as hereinafter described by Lot and also include the following: a) Short-Term Events. On Lots 1 through 6 of the Project, special events of limited duration that provide or facilitate an overall benefit to the community or further an objective of the Town as well as certain other activities of limited duration. Subject to the application process specified under Planning Director Review Procedures the following Short- Term Events are Permitted Uses: ski/snowboard demonstrations, light shows, street performances, food programs, theater programs, public speeches or speakers, art fairs and art festivals, bazaars, markets, sidewalk sales, music festivals and music programs, special holiday events and programs, athletic events, conference related events and community celebrations as each may be defined by the Planning Director) and may include the erection of temporary structures as well as the use of amplified sound and lighting. b) Interim Construction Uses. During construction and development of the Project, the Property may be used for day skier parking, skier services, construction staging and 00205933.00c41} 2 similar construction uses and such Interim Construction Uses as set forth in the Construction Management Plan described on Exhibit "A"attached hereto. 4 Residential and Accommodation Uses. a) Equivalent Units. The Project may contain a maximum of 367 Equivalent Units, not including Restricted Housing units, as calculated using the formula in Table 1. This provision cannot be modified by the Planning Director Modification procedure. Table 1: Unit Equivalency gUare . .' i Equlvalerit 1,000 sf 0.5 1,000-1,500 sf 0.5 + .05 Per Each Additional 100 sf. above 1,000 sf. 1,501-2500 sf 0.75 + .10 Per Each Additional 100 sf. above 1,500 sf. 2,000 sf 1.75 + .25 Per Each Additional 100 sf, above 2,500 sf. b) Multi-Family Dwelling Units. The Project may contain a maximum of 610 actual Multi-Family Dwelling Units, including Hotel and Lodge units. and a minimum of 68 of such Multi-Family Dwelling Units will include Lock-Off Rooms. The provisions of this section cannot be modified by the Planning Director Modification procedure. c) Restricted Housing. The Project will contain a minimum of 19,010 square feet of on-site Restricted Housing to be located in 27 Restricted Housing dwelling units located within the Buildings as described on the Employee Housing Mix Summary described on Exhibit A". The provisions of this section cannot be modified by the Planning Director Modification procedure. 5. Non-Residential Spaces. Table 2 lists the maximum permitted square footage for Commercial Uses, Skier Services, Commercial Service Areas and Community Facilities spaces. The Project can contain no more than 195,000 square feet. This 195,000 square foot cap cannot be modified by the Planning Director Modification procedure. Table 2: Non-Residential Square Footage Limits Commercial . Skier,Services Commercial Service Community Facilities Areas 65,412 46,727 26,275 46,816 s 00205933.DOC 4) 3 In addition to the foregoing, the use of the Commercial space is restricted by that certain Declaration of Covenants, Conditions and Restrictions for Commercial Units as described on Exhibit"A". Open Space will be not less than 25% of the total area of each Lots and as generally depicted on the Open Space Map as described on Exhibit "A" including the Events Plaza and other plaza areas within the Project. 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, except that(a) building permits may be issued and construction may begin on Phase 2A prior to the issuance of building permits for any of the buildings in Phase 1B and (b) Building 138, on Lot 8, may be constructed as part of Phase 2A: Phase Lots. j _ i,?Buildin `s Phase 1A 1 1, 2A, 2B, 2C, 3ABC, and 3DE 34 surface parking spaces, underground parking structure Phase 1B 3 6, 7 and 8, 13 surface parking spaces on Lot 2, Transit Center Phase 2A 9 13A with underground parking facility Phase 2B 2 & 4 4AB, 5, 9AB, 9C with underground parking in main parking structure, and the Aqua Center Phase 3 5 & 8 11, and 13B both with underground parking Phase 4 6 10AB with underground parking Phase 5 7 12 with underground parking 7. Condition Precedent to Development of Project. Notwithstanding the foregoing, no building permits will be issued for any of the Buildings located on Lots 2, 4, 5, 6, 7 or 8 until the Sam's Knob Express, the Elk Camp Meadows Gondola, the Pulse Gondola, the Assay Hill Lift, and the Burlingame Lift have been completed and are operational, as such mountain improvements are more particularly described in the Snowmass Mountain Master Plan Amendment, as described in Exhibit "A". Building permits may further be restricted by the terms and conditions of the Subdivision improvements Agreement, Restricted Housing Agreement and the Funding Agreement as described in Exhibit "A". DEVELOPMENT PARAMETERS FOR LOTS AND BUILDINGS 1. Lots 1-3. The Underground Parking Structure containing not less than 626 parking spaces will be constructed in general conformity with the Design Drawings described on Exhibit "A" or as may be approved pursuant to the Planning Director Modification procedure. t00205933.DOC 4) 4 A=Allowed Uses„ Under- odhd `. S='Special Rewew. ` Parking Structure' as further-sti `ulated'or Festricted below Conference facilities A Accessory uses A Antenna Reception or Transmission S Devices Mat communit facilities A Commercial or public parkin lot A Private recreation facilities A 2. Lot 1. Lot 1 consists of 5.41 acres (235,659 square feet)and Buildings 1, 2A, 2B, 2C, 3ABC, 3DE, related underground and surface parking. Maximum FAR. The maximum FAR on Lot 1 is 0.93:1. Buildings. Buildings on Lot 1 will be built in substantial conformance with the Design Drawings for each Building described on Exhibit"A" and the parameter limitations described in Table 3. The maximum permitted heights for each of the Buildings on Lot 1 are set forth on the Height Matrix and Roof Plan described on Exhibit"A". Surface Parking on Lot 1 will contain not less than 34 spaces and constructed in general conformity with the Final Landscape Plans described on Exhibit"A". Lot 1 Use Chart Uses Lot 1 . Bldg. 1' Bldg.. Bldg. Bldg• Bldg. Bldg`. A=Allowed outside Children 2A 2B 2C 3ABC '3DE S = Special Review building s Center as•further stipulated or restricted s - below Multi-family dwellings (see note A A A A 1 Lock-Off rooms see note 1 A A A A Timeshare S S S S Manager's unit/restricted A A A A employee housin Conference facilities (see note A A A A 4 Accessory uses A A A A A A A Day Care A A Antenna Reception or S S S S S S Transmission Devices Educational Facilities (see note A A A A 4 Major community facilities (see A note 4 Minor and accessory community A A A A A A A facilities see note 4 Retail sales establishments see A A A A A A A 00205933.DOC 4) 5 Uses Lot 1 Bldg 1, ,Bldg Bldg Bldg Bldg:- Bldg. A - Allowed a outside 'children' 2A 26 2G 3ABG 3DE S Special Review.. building s Center as•further,st pu[ated or•restncted i_s below note 4 Business/professional offices A A A see notes 2 &4 Personal services see note 4 A A A A A A A Restaurants [food & beverage] A A A A A A see notes 2 & 4 Outdoor cafe courts or outdoor A seating areas for restaurants see notes 3 & 4 Commercial or public parking lot A Ski and passenger lifts A Tramway stations and non- A vehicular ski trails Ski-related facilities see note 4 A A A A A A A Commercial recreation facilities A A A A A A A see note 4 Private recreation facilities A A A A A A A Open use recreation uses and A facilities, outdoor play areas Indoor entertainment facilities A A A A A A see note 4 Pedestrian trails, events plazas,A seating areas Forest, meadow and open A space Notes: 1. Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit"C". 2. The use is allowed subject to the Declaration of Covenants, Condition and Restrictions for Commercial Units as described on Exhibit"A". 3. As located on Setback Site Plan and Sheet C-2 "Site Plan" as described on Exhibit"A" or as otherwise may be approved by the Planning Director. 4. As located on the colored "Commercial Use Diagrams" in Exhibit"B". 100205933.DOC 4) 6 Table 3: Lot 1 Buildout Building`- •;EiiuhJa1eht't - Units Min".A Building'' :.Commercial °- Skier - •CorrimeFcl - -;Communl Number, '- UmtsP. "Containing 'Restricted - .Floor Uses, .Services .;al Service Facilities ,. Achiai-Wit t,Lock-off. Housing Area Areas g.'., r rRboms -Square1. Footage 1 9.40/14 0 0-48,843 0 26,343 - 0 0 2A 18.87/29 2 0 72,058 11,926 0 3,901 16,191 2B 13.94/25 3 1,380 36,851 3,780 0 0 0 2C 13.0/23 0 2,147 37,407 1,601 0 3,718 0 3ABC 0 0 0 15,589 8,507 3,697 3,385 0 3DE 0 0 0 8,322 7,897 0 425 0 3. Lot 2. Lot 2 consists of 1.58 acres(68,824 square feet) and Buildings 4AB, 5, 9AB, 9C, related underground and surface parking. Maximum FAR. The maximum FAR on Lot 2 is 1.68:1. Buildings. Buildings on Lot 2 will be built in substantial conformance with the Design Drawings for each Building described on Exhibit"A" and the parameter limitations described in Table 4. The maximum permitted heights for each of the Buildings on Lot 2 are set forth on the Height Matrix and Roof Plan described on Exhibit"A". Lot 2 Use Chart Uses Lot 2 Bldg: _Bldg. Bldg. Bldg.. A,= Allowed Outside, 4A13 5 9AB 9G S = Special Review buildings as further sti ulated of restricted below Multi-family dwellings see note 1 A A Lock-Off rooms see note 1 A A Timeshare S S Manager's unit/restricted employee housing A A Conference facilities see note 4 A A Accessory uses A A A A A Antenna Reception or Transmission Devices S S S S S Public Utility Uses, Services and Facilities S Educational Facilities see note 4 A A A A Major community facilities see note 4 A Minor and accessory community facilities A A A A A see note 4 Retail sales establishments see note 4 A A A A A Business /professional offices (see notes 2 & A 4 00205933.DOC 41 7 Uses Lot 2 Bldg EA Bldg < Bldg A .Allowed, s. I outside': 4A6 9AB' ' 9C S =Special Review . • . ` 1 byildings as fui heF stipulated. or restticied below Personal services see note 4 A A A A Restaurants [food & beverage] (see note 2 & A A A A 4 Outdoor cafo courts or outdoor seating areas A for restaurants see notes 3 &4 Commercial or public parking lot A Ski-related facilities see note 4 A A A A A Commercial recreation facilities see note 4 A A A A A Private recreation facilities A A A A A Open use recreation uses and facilities,A outdoor play areas Indoor entertainment facilities see note 4 A A A A Pedestrian trails, events plazas, seating A areas Forest, meadow and open space A Notes: 1. Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit"C. 2. The use is allowed subject to the Declaration of Covenants, Conditions and Restrictions for Commercial Units as described on Exhibit"A". 3. As located on Setback Site Plan and Sheet C-2 "Site Plan" as described on Exhibit"A" or as otherwise may be approved by the Planning Director. 4. As located on the colored "Commercial Use Diagrams" in Exhibit"B". Table 4: Lot 2 Buildout. Building` Equivalent " :Units Min: . .- Building - Commercial, - `, Skier '. ,Commercial Community Number Units/ Containing Restricied Floor Area :Use's- t; Services Service Facilities Actual Lock-Off Housing Areas units Rooms Square _ Foots e 4AB 3.89/5 0 0 12,592 4,198 0 0 0 5 33.71/57 6 2,540 98,123 6,433 2,745 2,740 0 9A8 0 0 0 1,476 1,478 0 0 0 9C 0 0 0 1,034 1,034 0 0 0 4. Lot 3. Lot 3 consists of 2.48 acres (108,028 square feet) and Buildings 6, 7, 8. related underground and surface parking. Maximum EAR The maximum FAR on Lot 3 is 1.29:1. Buildings. Buildings on Lot 3 will be built in substantial conformance with the Design Drawings For each Building described on Exhibit"A" and the parameter limitations described in Table 5. The maximum permitted heights for each of the Buildings on Lot 3 are set forth on the t00205933.130C 4) g Height Matrix and Roof Plan described on Exhibit"A". Surface Parking on Lot 3 containing not less than 13 spaces and constructed in general conformity with the final Landscape Plans described on Exhibit"A". Lot 3 Use Chart Uses y f 16t`3" Bldg., . Bldg. . Bldg. A= Allowed outside, 6 " 7 8' S =;Special Review y pf buildings as fu[ther stipulated or restricted below Multi-family dwellings see note 1 A A A Lock-Off rooms see note 1 A A A Hotel /Lodge room or suites see note 1 A Timeshare S S S Manager's unit/restricted employee housing A A A Conference facilities see note 4 A A A Accessory uses A A A A Day Care A Antenna Reception or Transmission Devices S S S Educational Facilities see note 4 A A A Major community facilities see note 4 A A Minor and accessory community facilities see note 2 A A A A Retail sales establishments A A A A Business/ professional offices see note 2 &4 A A A Personal services see note 4 A A A A Restaurants food & beverage see note 2 & 4 A A A A Outdoor cafe courts or outdoor seating areas for A restaurants see note 3& 4 Commercial or public parking lot A Ski and Passenger lifts A Tramway stations and non-vehicular ski trails A Ski-related facilities see note 4 A A A A Commercial recreation facilities see note 4 A A A A Private recreation facilities A A A A Open use recreation uses and facilities, outdoor play A areas Indoor entertainment facilities see note 4 A A A Pedestrian trails, events plazas, seating areas A Forest, meadow and open s ace A Notes: 1. Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit"C" 2. The use is allowed subject to the Declaration of Covenants, Conditions and Restrictions for Commercial Units as described on Exhibit"A". 3. As located on Setback Site Plan and Sheet C-2 "Site Plan" as described on Exhibit "A" or as otherwise may be approved by the Planning Director. 4. As located on the colored "Commercial Use Diagrams" in Exhibit"B". 100205933.DOC 41 9 Table 5: Lot 3 Buildout. Building : '.Equivalent; :. Units,. Min:,.,., -;Building :Commercial Skier` ' -;Commercial Communiy,Number- Unit&Actual ' Containing _"Restricted Floor Area " Uses Services Service 'Facilities Units. . Look-off a+odsing Areas Rooms Squ re Footage '''' 6 6.67/9 0 0 16,597 2,517 0 0 " 0 7 7.4718 0 1,564 27,327 785 6,641 2,147 1,452 8 35.85132 20 1,000 92,791 3,045 5,785 5,269 4,987 5. Lot 4. Lot 4 consists of 0.69 acres (30,056 square feel)and a Community Facility primarily an Aqua Center. Maximum FAR. The maximum FAR is 0.13:1. Buildings. Buildings on Lot 4 will be built in substantial conformance with the Design Drawings for each Building described on Exhibit "A". The maximum permitted heights for each of the Buildings on Lot 4 are set forth on the Height Matrix and Roof Plan described on Exhibit"A". Lot 4 Use Chart Uses. ' Lo "r Aqua,% A = Allowed outside" Ceritw S = Special Review buildings as further-sti ulated or restricted below Accessory uses A A Antenna Reception or Transmission Devices S Public Utility Uses, Services and Facilities A Major Community Facilities A A Minor and accessory community facilities A A Retail sales establishments A A Personal services A A Restaurants food & beverage) A A Outdoor cafe courts or outdoor seating areas for A A restaurants Ski-related facilities A A Commercial recreation facilities A A Private recreation facilities A A Open use recreation uses and facilities, outdoor play A areas Indoor entertainment facilities A Pedestrian trails, events plazas, seating areas A Forest, meadow and open space A Table 6: Lot 4 Buildout. 00205933.DOC 4) 10 Building Equivalent ",tints wlh:,, Building COrilrnerdal,: ':,Skier -- Commeraal--'Commuhity Number ,Uniisl ,Containing -'Res(ncted Floor 1,Uses - 'Services Service ,, -a Facilities at Unit Lock:Off,;', Housing , Area +Area Rooms ,Square Footage. A Aqua 0 0 0 3,500 0 0 0 3,500 Center 6. Lot 5. Lot 5 consists of 0.91 acres (39,639 square feet)and Building 11, related underground and surface parking. Maximum FAR. The maximum FAR on Lot is 1.66:1. Building. The Building on Lot 5 will be built in substantial conformance with the Design Drawings described on Exhibit"A" and the parameter limitations described in Table 6. The maximum permitted heights for the Building on Lot 5 are set forth on the Height Matrix and Roof Plan described on Exhibit"A". The Building on Lot 5 will include an underground parking facility containing not less than 67 parking spaces to be constructed in general conformity with the Design Drawings described on Exhibit"A" or as may be approved pursuant to the Planning Director Modification procedure. Lot 5 Use Chart Uses Lot 5 Bldg.,' A Allowed outside 11 S Spec(aI Review buildings stias:furthe ulated'or restricted below Multi-family dwellings see note 1 A Lock-Off rooms see note 1 A Timeshare S Managers unit/restricted employee housing A Conference facilities A Accessoa uses A A Antenna Reception or Transmission Devices S Public Utility Uses, Services and Facilities A Minor and accessory community facilities A A Commercial or public parking lot A Private recreation facilities A Open use recreation uses and facilities, outdoor play A areas Pedestrian trails, plazas, seating areas A Forest, meadow and open space A Notes: 1. Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit"C". 00205933.DOC 4) t t Table 7. Lot 5 Buildout Building' ,'EquidalenC Unit's,, Min:.? _-.euilding ConmercraL, -rSkier .', "GgmirieFdal Cbinmunily Nuinber' Unifs/Actual -Containing 'Restricted Floor Area- -Uses - Services.Service --Facilities r'Units , -Lock-Off" Housigg, L eas - Rooms ; Square Foota- a 11 26.61/48 4 1,063 64,220 1 0 0 0 0 7. Lot 6. Lot 6 consists of 1.34 acres (58,370 square feet)and Building 10AB, related underground and surface parking. Maximum FAR. The maximum FAR on Lot 6 is 2.07:1. Buildings. Buildings on Lot 6 will be built in substantial conformance with the Design Drawings for each Building described on Exhibit"A" and the parameter limitations described in Table 7. The maximum permitted heights for each of the Buildings on Lot 6 are set forth on the Height Matrix and Roof Plan described on Exhibit"A". The Building on Lot 6 will include an underground parking facility containing not less than 130 parking spaces to be constructed in general conformity with the Design Drawings described on Exhibit"A" or as may be approved pursuant to the Planning Director Modification procedure. Lot 6 Use Chart Uses Lot 6 Bldg.° . A=,Allowed outside p 10A6- S.= Special Review s buildings as`further"sti' ulated or.restricted below Multi-family dwellings see note 1 A Lock-Off rooms see note 1 A Timeshare S Manager's unit/ restricted employee housing A Conference facilities A Accessory uses A A Antenna Reception or Transmission Devices S Public Utility Uses, Services and Facilities A Minor and accessory community facilities A Commercial or public parking lot A Private recreation facilities A Open use recreation uses and facilities, outdoor A play areas Pedestrian trails, plazas, seating areas A Forest, meadow and open s ace A Notes: 1. Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit"C". 00205933.DOC 4) 12 Table 8: Lot 6BoiUdaut. Units Hou(Ing Foofage D. Lot 7. Lot 7 consists of2.21 acres (Q8.2O7 square feet) and Building 12, related underground and surface parking. Maximum FAR. The maximum FAR |S0.82:i. Buildings. Buildings 0D Lot 7will bB built iD substantial conformance with the Design Drawings for each Building d8SChh9do8 Exhibit"A" and the parameter limitations described in Table 8. The maximum permitted heights for each of the Buildings on Lot 7 are set forth on the Height Matrix and Roof Plan described on Exhibit"/Y'. The Building Vn Lot G will include 8n underground parking facility containing not less than 37 parking spaces to be constructed in general conformity with the Design Drawings described on Exhibit"N' or as may be approved pursuant 1n the Planning Director Modification procedure Lot 7 Use Chart S = Special Review buildings Multi-family dwellings (see note jL_ A Lock-Off rooms (see note 1) A Timeshare S Manager's unit/ restricted emp oyee housing A Conference facilities A Accessory uses A A Antenna Reception or Transmission Devices S Public UtiRy Uses, Services and Facilities A Minor and accessory community facilities A Commercial or public parking lot A Private recreation facilities A Open use recreation uses and facilities, outdoor play areas A Pedestrian trails, plazas, seating areas A Forest, meadow and open space A NOhSS: 1 Unit types, sizes and lock-off rooms as specified In tile Development Statistics Matrix described Vn Exhibit"[". 00205931130c*} 13 Table 9: Lot 7 Buildout. . Building- ",EgWalebt Units — Min: „,Builiiing-, :Commercial • t Skier=" Commercial. FComrriuriity Number` Units/Actual' cbntaining— RestHated. Floor Uses--" . .Sennces- tServicew"' ;Facilities..' ll¢its ,Cock-Off - -,Fiousin9 , - Areas. . Rooms _Square Footage 12 25/41 0 0 . 57,445 ,-0 0 0 0 9. Lot 8. Lot 8 consists of 1.10 acres(47,916 square feet) and Building 13B, related underground and surface parking. Maximum FAR. The maximum FAR is 1.67:1 Buildings. The Building on Lot 8 will be built in substantial conformance with the Design Drawings described on Exhibit"A" and the parameter limitations described in Table 9. The maximum permitted heights for the Building on Lot 8 are set forth on the Height Matrix and Roof Plan described on Exhibit"A". The Building on Lot 8 will include an underground parking facility containing not less than 70 parking spaces to be constructed in general conformity with the. Design Drawings described on Exhibit"A" or as may be approved pursuant to the Planning Director Modification procedure. Lot 8 Use Chart Uses Lot 8 Bldg: :. A'=Allowed, outside 136 S =Special Review build_ ings As-further stipulated or restricted Multi-family dwellings see note 1 A Lock-Off rooms see note 1 A Hotel/ Lodge room or suites A Timeshare S Manager's unit/ restricted employee housing A Conference facilities A Accessory uses A A Day care A A Antenna Reception or Transmission Devices S Public Utility Uses, Services and Facilities A Minor and accessory community facilities A A Commercial or public parking lot A Private recreation facilities A Open use recreation uses and facilities, outdoor play A areas Indoor entertainment facilities A Pedestrian trails, lazas, seating areas A Forest, meadow and open space A Notes: 00205933.DOC 4} 14 1 Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit"C". Table 10: Lot 0BuiUdmut Building, divalent Mifi., - Building Cornmerdel';"-Skier CdrnTer(JeiV Corruniunity I in 11AkrUnitssing Areas 10. Lot 9. Lot 0 consists uf335 acres /145,026 square feet)and Building 13A, related underground and surface parking. Maximum FAR. The maximum FAR is1.42:1. Building. The Building on Lot 9 will be built in substantial conformance with the Design Drawings described on Exhibit"A" and the parameter limitations described in Table 10. The maximum permitted heights for the Building on Lot 9 are set forth on the Height Matrix and Roof Plan described on Exhibit"A". The Building un Lot Q will include on underground parking facility containing not less than 13yparking spaces tobe constructed in general conformity with the Design Drawings described 0n Exhibit"/Y'Orns may ba approved pursuant tO the Planning Director yNVdifioationprocedure. Lot 9Use Chart Uses Lot,9 Bldg. A = Allowed outside 13A asjurthe'r stipulated or re!kricted below Multi-family dwellings (see note 1) A Lock-Off rooms (see note 1) A Hotel /Lodge room or suites A Timeshare S Managers unit/restricted employee housing A Conference facilities (see note 4) A Accessory uses A A Day Care A A Antenna Reception or Transmission Devices S Educational Facilities (see note 4) A Major community facilities (see note 4) A Minor and accessory community facilities A A Retail sales establishments (see note 4) A A Business/ professional offices (see notes 2 & 4) Personal services (see note 4) A A Restaurants [food & beverage] (see notes 2 & 4) A A Outdoor caf6 courts or outdoor seating areas for A restaurants (see notes 3 & 4) m0205933.00c4} 15 Commercial or public parking lot A Ski-related facilities see note 4 A A Commercial recreation facilities see note 4 A A Private recreation facilities A A Open use recreation uses and facilities, outdoor A play areas Indoor entertainment facilities see note 4 A Pedestrian trails, events plazas, seating areas A Forest, meadow and open s ace A Notes: 1. Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit"C". 2. The use is allowed subject to the Declaration of Covenants, Conditions and Restrictions for Commercial Units as described on Exhibit"A". 3. As located on Setback Site Plan and Sheet C-2 "Site Plan" as described on Exhibit"A" or as otherwise may be approved by the Planning Director. 4. As located on the colored "Commercial Use Diagrams" in Exhibit"B" Table 11: Lot 9 Buildout. Buildifig , 'Egdivalent :Units -'.Min ' Building 'Commercial' 'Skier <. commercial >Comrnuriity n Nu'rn6er ' Units/ Cdntaining ResiOCte- -_Floor Uses: Services . Service .. ;Facilities . Actdal Lock-Off. „ & Area Areas .. 11 Viz" ',Units '.Rooms ` Acdsing Square Footage 13A 83.491152 21 2,298 201,683 8,565 0 7,988 20,360 Table 12: Alternative Parking Plan Requirements Type of Use Number of Spaces Residential 75 Spaces per Unit Restricted 1 Space per Unit Housing Non-Restaurant 1 Space per 300 Commercial sf. Restaurant 1 Space per 8 Commercial seats Compact parking spaces and tandem/stacked parking spaces(provided that valet parking service is being provided) are allowed within underground parking structures: 1) if consistent with the Parking Management Plan; 2) in general 00205933.1)(3174) 16 conformity with the Design Drawings described on Exhibit"A'; or 3)as may be approved pursuant to the Planning Director Modification procedure. PLANNING DIRECTOR REVIEW PROCEDURES 1. Planning Director Deferred Architectural Plan Review. The final architectural plan contemplated in Section 16A-5-360(c)(2)C for Buildings 10A and B, 11, 12 and 13B will be submitted to the Planning Director prior to the submission of a building permit application. The Planning Director will review the final architectural plan to determine that substantial consistency exists between the final architectural plan and the preliminary architectural plan for the Building and the design narratives described in Exhibit"A", the conditions imposed by the Ordinance and the provisions of this Amended PUD Guide. The Planning Director may request additional information necessary to adequately evaluate a final architectural plan as the Planning Director deems reasonably necessary. The applicant shall be responsible for payment of Town costs associated with processing the application pursuant to the Town Planning Department Fee Schedule in effect at the time application is made. After review of the final architectural plan, the Planning Director will cause a public notice to be published that the Town Council will consider the approval of the final architectural plan for a building at a regularly scheduled Town Council meeting, to occur at least 10 days following the date of publication of the public notice. At the such meeting the Town Council will consider the recommendation of the Planning Director and will approve the final architectural plan by Resolution provided that substantial consistency exists between the final architectural plan and the preliminary architectural plan for the building and the design narratives described in Exhibit A", the conditions imposed by the Ordinance and the provisions of this Amended PUD Guide. 2. Final Plan Approval for Aqua Center. Prior to the submission of an application for a building permit for the Aqua Center the Applicant will submit the final drawings contemplated in Section 16A-5-360(c)(2)c to the Planning Director. The Planning Director will review the final architectural plan to determine that substantial consistency exists between the final drawings and the preliminary drawings for the Aqua Center and the design narratives described in Exhibit"A", the conditions imposed by the Ordinance and the provisions of the Base Village Amended PUD Guide. After review of the final drawings, the Planning Director will cause a public notice to be published that the Town Council will consider the approval of the final drawings for the Aqua Center at a regularly scheduled Town Council meeting to occur at least 10 days following the date of publication of the public notice. At such meeting the Town Council will consider the recommendation of the Planning Director and will approve the final drawings by Resolution provided that substantial consistency exists between the final architectural plan and the preliminary architectural plan for the building and the design narratives described in Exhibit"A", the conditions imposed by this Ordinance and the provisions of the Base Village Amended PUD Guide. The Planning Director and the Town Council may request additional information necessary to adequately evaluate a final drawings as they deem reasonably necessary. 3 Planning Director Modifications to Buildings Not Affecting Mass or Scale. The Planning Director will review, prior to the application for a building permit for any Building being modified, proposed modifications as follows: a. The number of actual Multi-Family Dwelling Units permitted in such Building would be modified by no more than 5 actual Multi-Family Dwelling Units. 00205933.DOC 4} 17 b. The total amount of Commercial, Skier Services, Commercial Service Areas or Community Facilities for such Building will be modified by no more than 1,000 square feet. C.If the proposed change to the final architectural plan of a Building does not materially increase the mass and scale and is, in the reasonable determination of the Planning Director, generally consistent with the architectural design of such Building as depicted on the applicable Design Drawings and Narrative Design Standards described in Exhibit'W'. d. If the proposed change to the exterior combustible construction materials of a Building does not materially increase the mass and scale and is, in the reasonable determination of the Planning Director as authorized pursuant to Ordinance No. 21, Series of 2004, generally consistent with the architectural design of such Building as depicted on the applicable Design Drawings and Narrative Design Standards described in Exhibit"A" and the Snowmass Wildcat Fire District approves such change. e. If the proposed modification would cause the height of the Building to exceed the height limitation for such Building by one foot(1') or less. f.If the proposed modification to a Building would cause the FAR for the Building's Lot to exceed the FAR limitations for such Lot by no more than 2%. g. Modifications within the underground parking facilities increasing the amount of compact parking spaces (up to but not exceeding 15% of the actual parking spaces within the given facility)or tandem/stacked parking spaces. The appropriate location and number of compact and/or tandem/stacked parking spaces will be determined by the Planning Director based upon applicable standards and provisions set forth in the Municipal Code. h. Modifications to or the addition of outdoor cafe courts or outdoor seating areas for restaurants. 4 Standard of Review for Planning Director Modification. For any such modification, the Planning Director will consider whether the proposed modification: a. is consistent with the original provisions of this Amended PUD Guide and the Ordinance; and b. does not have a substantially adverse effect on the neighborhood surrounding the affected Lot or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from such Lot; and c would not change the basic character of the Project or surrounding areas; and d. complies with all applicable standards and provisions of the Municipal Code. Upon finding that the proposed modification meets the such criteria, the Planning Director will grant a Planning Director Modification approval and a written notice of decision will be recorded in the records of the Pitkin County Clerk and Recorder. 00205933.DOC 4) 18 5. Procedure for Obtaining Planning Director Modification. a. The application will minimally include the following: i) revised Design Drawings, if necessary; and ii) specify the exact changes proposed to the previously approved development parameters for the Building; and iii) specify the effects, if any, such modification would have to the development parameters for the Lot; iv) written description of how the proposed modification complies with the Standards for Review' specified in Paragraph 4 above; and v) signed fee agreement to pay Town costs associated with processing the application. b. Within 15 days after receiving such submission, the Planning Director will provide a written decision notice of the Planning Director's determination approving, approving with conditions or denying the application. C. Within 10 days after the Planning Director's determination, the applicant for the proposed modification may appeal such determination to the Town Council, which has the authority to reverse the determination of the Planning Director by majority vote of its members present and voting. 6. Short-Term Event Application ("STER). A permit for a Short-Term Event may be applied for in accordance with the following procedure: a Not later than the application deadline specified in Table 13 below for the type of STEA proposed, or as may be authorized by the Town Manager, an application must be submitted to the Planning Director describing the operational nature of the Short-Term Event, including: i) supervision, emergency and security plans; and ii) water and sanitation; and iii) food and beverage service; and iv) parking and transportation; and v) lighting, noise and trash; and vi) permit area, hours of operation, supervision and control; and vii) unique concerns, if any. f00205933.D0C 4) 19 b. Within the applicant meeting deadline specified in Table 13 below, the Planning Director and the applicant will meet to review the application. C.Following the conference, but within the decision notice deadline specified in Table 13 below, the Planning Director will issue a written decision notice approving, approving with conditions or denying the application. d So long as the application demonstrates, to the satisfaction of the Planning Director, that: i) adequate management and mitigation measures will be undertaken with regards to the operational issues; and ii) the proposed use will be appropriate in the proposed location, taking into consideration the nature of the proposed use and the relationship of the use to surrounding land uses: and iii) the proposed use will comply with the policies and regulations of the Town, the Planning Director will approve the application. Table 13: Short-Term Event Application Review Schedule Shoit-Term Event Applicitibh;Redrew Sctjbd.UI6 :;'APPLICATION i%APP,LICATION - .DECISION_ DEADLINE' MEETING .NOTICE ISSUED MINOR EVENT EVENT DURATION DOES NOT EXCEED 3 7 DAYS PRIOR TO 3 DAYS AFTER 2 DAYS AFTER CONSECUTIVE DAYS AND IS DESIGNED OR MAY EVENT APPLICATION APPLICANT BE REASONABLY ANTICIPATED TO ATTRACT NO RECEIVED MEETING MORE THAN 750 VISITORS PER DAY TO THE PROPERTY MAJOR EVENT EVENT EXCEEDS 3 CONSECUTIVE DAYS OR WILL 25 DAYS PRIOR TO 10 DAYS AFTER 5 DAYS AFTER LIKELY ATTRANCT MORE THAN 750 VISITORS PER EVENT APPLICATION APPLICANT DAY TO THE PROPERTY I RECEIVED MEETING Note: "Days" means Town business days 7. Administrative Renewal of Short-Term Event Application. Applicants may request in writing for renewal of a previously approved STEA permit provided the event will remain substantially as previously approved and that the request to renew is submitted within 1 year of the prior STEA but no later than 25 days prior to the upcoming event. Provided the prior event was conducted in a safe and orderly manner without complaints having been received or matters of concern being identified by the Town, approval may be granted by the Planning Director pursuant to Paragraphs 6c-d above within 3 days of STEA receipt. At the time of the second annual STEA renewal, the applicant may request that the renewal be for up to 5 years. 8. Appeal. A decision by the Planning Director concerning an application for an STEA permit or renewal thereof, may be appealed, pursuant to Municipal Code Section 16A-5- 80, Appeals. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Municipal Code Section 16A-5-80(d), Procedure. 00205933.DOC a) 20 9 Penalties. Violation of any term or condition of an STEA permit by the permittee, 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 an STEA permit and to require that any activity authorized thereby cease and desist immediately. 100205933.DOC 4} 21 Exhibit "B" TC Ordinance No. 21, Series of 2004 Amended and Restated Base Village Planned Unit Development Guide his PUD Guide .,,...mafi..°°In connection with the approval of the development of Base Village (the "Project") in Ordinance No. 21. Series of 2004 (the "Ordinance"l. the Town of Snowmass )Jillage. Colorado (the "Town") irepared. as Exhibit B to the Ordinance. a Base Village Planned Unit Development Guide ("Original PUD Guide")which summarized the final development plan, land uses, densities, zone district limitations and development regulations for the development of Base V41lag° approved in OFdin nee*'e. 21 a,...:°s a f2004 (the the Project. In connection with the Minor Amendment of the PUD. the Town has amended and restated the Original PUD Guide as more particularly set forth herein (the Amended PUD Guide"). The Original PUD Guide shall be superseded by this Amended PUD Guide in its entirety. effective as of the date hereof. Where this Amended PUD Guide does not address a specific development standard or requirement of the Code, the provisions of the Municipal Code will apply. To the extent the provisions of this Amended PUD Guide conflict with or are in any way inconsistent with the Municipal Code, the provisions of this Amended PUD Guide will apply. References in this- Amended PUD Guide to the Municipal Code mean provisions as amended or renumbered from time to time except that if the applicable provision has been amended to be more restrictive or burdensome on the development or use of the Project or a portion thereof than the provision in effect as of the date hereof, the version of the Municipal Code in effect on October 20, 2004 will apply. DEFINITIONS Commercial" means the following uses: retail sales establishments, business/professional offices, personal services, restaurants, general services, commercial recreation facilities, private recreation facilities, and indoor entertainment. Commercial Service Areas" means circulation spaces (elevators, stairs, and hallways) in the Buildings which contain any combination of Commercial, Skier Services or Community Facilities, lobbies, administrative staff, storage and back of house areas located in Buildings 8 and 13A, public restrooms located in Buildings 5, 7, 8, and 13A, mechanical and utility rooms, and the loading dock area located in Building 13A. Community Facilities" means Multi-purpose art/conference space located on the lower level of Building 2A, the Aqua Center located on Lot 4, the conference space located in Building 13A, the offices and public restrooms for the Base Village Master Association located in Building 7 and the medical clinic located in Building 8. Skier Services" means "Ski-Related Facilities", as such term is defined in the Municipal Code, together with following used in conjunction therewith: a) access, circulation, stairs, elevators, lobby and vestibule spaces associated with Building circulation; b) rest rooms (public and private); 00205933.@14A4D9. 4) c) children's ski school facilities to include day care, indoor recreation and play rooms, food service/kitchen/cafeteria operations, points of sale and associated equipment, retail which is incidental and accessory to the principal use of the building; d) employee facilities to include locker rooms, meeting rooms, break rooms, dining areas, showers, offices which are accessory to the Skier Services use of the building; e) ticketing, concierges, information desks, ski school sales and registration counters and desks, private lesson desks and waiting/lounge areas, associated offices for accounting, auditing; f) ski area administrative offices; g) public rental lockers and basket check services; h) limited cart oriented retail services within Building 7 only and excluding the Transit Plaza platform area unless authorized by the Town; i) transit arrival services within Building 7; Q) central condominium registration and property management services within Building 7 only to include check in counters, luggage storage, lobby areas, changing rooms, offices accessory to the principal use of the building; and k) ski club facilities in Building 8 only to include arrival desk, ski prep rooms, lockers, outdoor deck space, business center, limited food service for members only, rest rooms, limited spa facilities, limited health club exercise machines and associated weights, meeting rooms, media rooms, limited private bar. GENERAL DEVELOPMENT PARAMETERS 1. Zoning. The underlying zoning of the Property is Mixed-Use-2. 2. Subdivision. The Property has been subdivided and said subdivision plat was recorded in the records of the Pitkin County Clerk and Recorder's Office. 3. Permitted Uses. Permitted Uses are those uses as hereinafter described by Lot and also include the following: a) Short-Term Events. On Lots 1 through 6 of the Project, special events of limited duration that provide or facilitate an overall benefit to the community or further an objective of the Town as well as certain other activities of limited duration. Subject to the application process specified under Planning Director Review Procedures the following Short- Term Events are Permitted Uses: ski/snowboard demonstrations, light shows, street performances, food programs, theater programs, public speeches or speakers, art fairs and art festivals, bazaars, markets, sidewalk sales, music festivals and music programs, special holiday events and programs, athletic events, conference related events and community celebrations as each may be defined by the Planning Director) and may include the erection of temporary structures as well as the use of amplified sound and lighting. b) Interim Construction Uses. During construction and development of the Project, the Property may be used for day skier parking, skier services, construction staging g)02059318KA Q9LA) and similar construction uses and such Interim Construction Uses as set forth in the Construction Management Plan described on Exhibit "A" attached hereto. 4 Residential and Accommodation Uses. a) Equivalent Units. The Project may contain a maximum of 367 Equivalent Units, not including Restricted Housing units, as calculated using the formula in Table 1. This provision cannot be modified by the Planning Director Modification procedure. Table 1: Unit Equivalency Square Equivalent Footage 1,000 sf 0.5 1,000-1,500 sf 0.5 + o4M Per Each Additional 100 sf. above 1,000 sf. 1,501-2500 sf 0.75 + .10 Per Each Additional 100 sf. above 1,500 sf. 2,000 sf 1.75 + .25 Per Each Additional 100 sf. above 2,500 sf. b) Multi-Family Dwelling Units. The Project may contain a maximum of 610 actual Multi-Family Dwelling Units, including Hotel and Lodge units. and a minimum of 68 of such Multi-Family Dwelling Units will include Lock-Off Rooms. The provisions of this section cannot be modified by the Planning Director Modification procedure. c) Restricted Housing. The Project will contain a minimum of 19,010 square feet of on-site Restricted Housing to be located in 2-222Z Restricted Housing dwelling units located within the Buildings as described on the Employee Housing Mix Summary described on Exhibit"A". The provisions of this section cannot be modified by the Planning Director Modification procedure. 5. Non-Residential Spaces. Table 2 lists the maximum permitted square footage for Commercial Uses, Skier Services, Commercial Service Areas and Community Facilities spaces. The Project can contain no more than 195,000 square feet. This 195,000 square foot cap cannot be modified by the Planning Director Modification procedure. P205933.8[4A 2DSC4) Table 2: Non-Residential Square Footage Limits Commercial Skier Services Commercial Service Community Facilities Areas 65,412 46,727 26,275 46,816 In addition to the foregoing, the use of the Commercial space is restricted by that certain Declaration of Covenants, Conditions and Restrictions for Commercial Units as described on Exhibit "A". Open Space will be not less than 25% of the total area of each Lots and as generally depicted on the Open Space Map as described on Exhibit "A" including the Events Plaza and other plaza areas within the Project. 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, except that j;aLbuilding permits may be issued and construction may begin on Phase 2A prior to the issuance of building permits for any of the buildings in Phase 1 B and b Building 13B. on Lot 8. may be constructed as oart of Phase 2A: Phase Lots Buildings Phase 1A 1 1, 2A, 2B, 2C, 3ABC, and 3DE 34 surface parking spaces, underground parking structure Phase 1 B 3 6, 7 and 8, 13 surface parking spaces on Lot 2, Transit Center Phase 2A 9 13A with underground parking facility Phase 2B 2 & 4 4AB, 5, 9AB, 9C with underground parking in main parking structure, and the Aqua Center Phase 3 5 & 8 11, and 13B both with underground parking Phase 4 6 10AB with underground parking Phase 5 7 12 with underground parking 7. Condition Precedent to Development of Project. Notwithstanding the foregoing, no building permits will be issued for any of the Buildings located on Lots 2, 4, 5, 6, 7 or 8 until the Sam's Knob Express, the Elk Camp Meadows Gondola, the Pulse Gondola, the Assay Hill Lift, and the Burlingame Lift have been completed and are operational, as such mountain improvements are more particularly described in the Snowmass Mountain Master Plan Amendment, as described in Exhibit "A". Building permits may further be restricted by the JV0205933.BKA 14DQCA) terms and conditions of the Subdivision improvements Agreement, Restricted Housing Agreement and the Funding Agreement as described in Exhibit "A". DEVELOPMENT PARAMETERS FOR LOTS AND BUILDINGS 1. Lots 1-3. The Underground Parking Structure containing not less than 626 parking spaces will be constructed in general conformity with the Design Drawings described on Exhibit "A" or as may be approved pursuant to the Planning Director Modification procedure. A = Allowed Uses Underground S = Special Review Parking Structure as further stipulated or restricted below Conference facilities A Accessory uses A Antenna Reception or Transmission S Devices Ma'or community facilities A Commercial or public parking lot A Private recreation facilities A 2. Lot 1. Lot 1 consists of 5.41 acres (235,659 square feet) and Buildings 1, 2A, 2B, 2C, 3ABC, 3DE, related underground and surface parking. Maximum FAR. The maximum FAR on Lot 1 is 0.93:1. Buildings. Buildings on Lot 1 will be built in substantial conformance with the Design Drawings for each Building described on Exhibit"A" and the parameter limitations described in Table 3. The maximum permitted heights for each of the Buildings on Lot 1 are set forth on the Height Matrix and Roof Plan described on Exhibit "A". Surface Parking on Lot 1 will contain not less than 34 spaces and constructed in general conformity with the Final Landscape Plans described on Exhibit"A". Lot 1 Use Chart Uses Lot 1 Bldg. 1 Bldg. Bldg. Bldg. Bldg. Bldg. A = Allowed outside Children' 2A 2B 2C 3ABC 3DE S = Special Review building s Center as further stipulated or restricted s below Multi-family dwellings (see note A A A A 1 Lock-Off rooms see note 1 A A A A Timeshare S S S S Manager's unit/restricted A A A A employee housing Conference facilities (see note A A A A 4 Accessory uses A A A A A A A Day Care A A Antenna Reception or S S S S S S V0205933.8KA4QQfA} Uses Lot 1 Bldg. 1 Bldg. Bldg. Bldg. Bldg. Bldg. A= Allowed outside Children' 2A 26 2C 3ABC 3DE S = Special Review building s Center as further stipulated or restricted s below Transmission Devices Educational Facilities (see note A A A A 4 Major community facilities (see A note 4 Minor and accessory community A A A A A A A facilities see note 4 Retail sales establishments (see A A A A A A A note 4 Business / professional offices A A A see notes 2 & 4 Personal services see note 4 A A A A A A A Restaurants [food & beverage] A A A A A A see notes 2 & 4 Outdoor cafe courts or outdoor A seating areas for restaurants see notes 3 & 4 Commercial or public parking lot A Ski and passenger lifts A Tramway stations and non- A vehicular ski trails Ski-related facilities see note 4 A A A A A A A Commercial recreation facilities A A A A A A A see note 4 Private recreation facilities A A A A A A A Open use recreation uses and A facilities, outdoor play areas Indoor entertainment facilities A A A A A A see note 4 Pedestrian trails, events plazas, A seating areas Forest, meadow and open A space Notes: 1.Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit "C". 2. The use is allowed subject to the Declaration of Covenants, Condition and Restrictions for Commercial Units as described on Exhibit"A". 3. As located on Setback Site Plan and Sheet C-2 "Site Plan" as described on Exhibit "A" or as otherwise may be approved by the Planning Director. 4. As located on the colored "Commercial Use Diagrams" in Exhibit "B". 60205933.BKA4RQL q} Table 3: Lot 1 Buildout Building Equivalent Units Min. Building Commercial Skier Commerci Community Number Units/ Containing Restricted Floor Uses Services al Service Facilities Actual Unit Lock-Off Housing Area Areas Rooms Square Footage 1 9-39%_40114 0 0 nom 0 27IS273 IfToa 0 8.043 6.343 2A }8$E1&W 2 0 70,0$7b i -,MI .926 0 4467= 577N R 19 29 2.058 1 1 2B 13.4213.94/3 94$1.380 34,3423 3,7143.780 0 0 0 2421 6.851 2C +Z 46JU/2 0 9402.147. -M;, $, -1-7-$4 fiSt. 0 2;092&,7 0 Q1 LAU 3ABC 0 0 0 4601 4444dM 3,7NJ 3,2 -= 0 S S8q E9Z S 3DE 0 0 0 7,j43$ X3067 897 0 4}}926 0 22 3. Lot 2. Lot 2 consists of 1.58 acres (68,824 square feet) and Buildings 4AB, 5, 9AB, 9C, related underground and surface parking. Maximum FAR. The maximum FAR on Lot 2 is 1.68:1. Buildings. Buildings on Lot 2 will be built in substantial conformance with the Design Drawings for each Building described on Exhibit"A" and the parameter limitations described in Table 4. The maximum permitted heights for each of the Buildings on Lot 2 are set forth on the Height Matrix and Roof Plan described on Exhibit "A". Lot 2 Use Chart Uses Lot 2 Bldg. Bldg. Bldg. Bldg. A = Allowed outside 4AB 5 9AB 9C S = Special Review buildings as further stipulated or restricted below Multi-family dwellings see note 1 A A Lock-Off rooms see note 1 A A Timeshare S S Managers unit/ restricted employee housing A A Conference facilities see note 4 A A Accessory uses A A A A A Antenna Reception or Transmission Devices S S S S S Public Utility Uses, Services and Facilities S Educational Facilities see note 4 A A A A Major community facilities see note 4 A V0205933.BKA 4DOC 4) Uses Lot 2 Bldg. Bldg. Bldg. Bldg. A = Allowed outside 4AB 5 9AB 9C S = Special Review buildings as further stipulated or restricted below Minor and accessory community facilities A A A A A see note 4 Retail sales establishments see note 4 A A A A A Business/professional offices (see notes 2 A 4 Personal services see note 4 A A A A A Restaurants [food & beverage] (see note 2 & A A A A A 4 Outdoor cafe courts or outdoor seating areas A for restaurants see notes 3 &4 Commercial or public parking lot A Ski-related facilities see note 4 A A A A A Commercial recreation facilities see note 4 A A A A A Private recreation facilities A A A A A Open use recreation uses and facilities,A outdoor play areas Indoor entertainment facilities see note 4 A A A A Pedestrian trails, events plazas, seating A areas Forest, meadow and open space A iNotes: 1.Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit "C'. 2. The use is allowed subject to the Declaration of Covenants, Conditions and Restrictions for Commercial Units as described on Exhibit "A". 3. As located on Setback Site Plan and Sheet C-2 "Site Plan" as described on Exhibit "A" or as otherwise may be approved by the Planning Director. 4. As located on the colored "Commercial Use Diagrams" in Exhibit "B". V0205933.BKA4DjQf Table 4: Lot 2 Buildout. Building Equivalent Units Min. Building Commercia Skier Commercia Community Number Units/ Containing Restricted Floor Area I Uses Services I Service Facilities Actual Lock-Off Housing Areas Units Rooms Square Footage 4AB 3.8915 0 0 12,592 4,198 0 0 0 5 33.71/57 6 2,540 98,123 6,433 2,745 2,740 0 9AB 0 0 0 1,478 1,478 0 0 0 9C 0 0 0 1,034 1,034 0 0 0 4. Lot 3. Lot 3 consists of 2.48 acres (108,028 square feet) and Buildings 6, 7, 8. related underground and surface parking. Maximum EAR The maximum FAR on Lot 3 is 1.29:1. Buildings. Buildings on Lot 3 will be built in substantial conformance with the Design Drawings For each Building described on Exhibit "A" and the parameter limitations described in Table 5. The maximum permitted heights for each of the Buildings on Lot 3 are set forth on the Height Matrix and Roof Plan described on Exhibit"A". Surface Parking on Lot 3 containing not less than 13 spaces and constructed in general conformity with the final Landscape Plans described on Exhibit "A". Lot 3 Use Chart Uses Lot 3 Bldg. Bldg. Bldg. A = Allowed outside 6 7 8 S = Special Review buildings as further stipulated or restricted below Multi-family dwellings see note 1 A A A Lock-Off rooms see note 1 A A A Hotel / Lodge room or suites see note 1 A Timeshare S S S Manager's unit/restricted employee housing A A A Conference facilities see note 4 A A A Accessory uses A A A A Day Care A Antenna Reception or Transmission Devices S S S Educational Facilities see note 4 A A A Major community facilities see note 4 A A Minor and accessory community facilities see note 2 A A A A Retail sales establishments A A A A Business / professional offices see note 2 & 4 A A A Personal services see note 4 A A A A Restaurants food & beverage see note 2 & 4 A A A A Outdoor cafe courts or outdoor seating areas for A restaurants see note 3 & 4 Commercial or public parking lot A V0205933.BKA42OC 4) Uses Lot 3 Bldg. Bldg. Bldg. A= Allowed outside 6 7 8 S = Special Review buildings as further stipulated or restricted below Ski and Passenger lifts A Tramway stations and non-vehicular ski trails A Ski-related facilities see note 4 A A A A Commercial recreation facilities see note 4 A A A A Private recreation facilities A A A A Open use recreation uses and facilities, outdoor play A areas Indoor entertainment facilities see note 4 A A A Pedestrian trails events plazas, seating areas A Forest, meadow and open s ace A Notes: 1.Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit"C" 2. The use is allowed subject to the Declaration of Covenants, Conditions and Restrictions for Commercial Units as described on Exhibit"A". 3. As located on Setback Site Plan and Sheet C-2 "Site Plan" as described on Exhibit"A" or as otherwise may be approved by the Planning Director. 4. As located on the colored "Commercial Use Diagrams" in Exhibit "B". 1f0)205933.RKA4V.)C 4} Table 5: Lot 3 Buildout. Building Equivalent Units Min. Building Commercia Skier Commercia Community Number Units/Actua Containing Restricted Floor Area I Uses Services I Service Facilities I Units Lock-Off Housing Areas Rooms Square Footage 6 6.67/9 0 0 16,597 2,517 0 0 0 7 7.47/8 0 1,564 27,327 785 6,641 2,147 1,452 8 35.85/32 20 1,000 92,791 3,045 5,785 5,269 4,987 5. Lot 4. Lot 4 consists of 0.69 acres (30,056 square feel) and a Community Facility primarily an Aqua Center. Maximum FAR. The maximum FAR is 0.13:1. Buildings. Buildings on Lot 4 will be built in substantial conformance with the Design Drawings for each Building described on Exhibit "A". The maximum permitted heights for each of the Buildings on Lot 4 are set forth on the Height Matrix and Roof Plan described on Exhibit A„ C 1{j0205933.BKA 4DQLA} Lot 4 Use Chart Uses Lot Aqua A= Allowed outside Center S = Special Review buildings as further stipulated or restricted below Accessory uses A A Antenna Reception or Transmission Devices S Public Utility Uses Services and Facilities A Major Community Facilities A A Minor and accessory community facilities A A Retail sales establishments A A Personal services A A Restaurants food & beverage)A A Outdoor cafe courts or outdoor seating areas for A A restaurants Ski-related facilities A A Commercial recreation facilities A A Private recreation facilities A A Open use recreation uses and facilities, outdoor play A areas Indoor entertainment facilities A Pedestrian trails, events plazas, seating areas A Forest, meadow and open space A STable 6: Lot 4 Buildout. Building Equivalent Units Min. Building Commercial Skier Commercial Communit Number Units/ Containing Restricted Floor Uses Service Service y Facilities Actual Unit Lock-Off Housing Area s Area Rooms Square Footage Aqua 0 0 0 3,500 0 0 0 3,500 Center 6. Lot 5. Lot 5 consists of 0.91 acres (39,639 square feet) and Building 11, related underground and surface parking. Maximum FAR. The maximum FAR on Lot is 1.66:1. Building. The Building on Lot 5 will be built in substantial conformance with the Design Drawings described on Exhibit "A" and the parameter limitations described in Table 6. The maximum permitted heights for the Building on Lot 5 are set forth on the Height Matrix and Roof Plan described on Exhibit "A". The Building on Lot 5 will include an underground parking facility containing not less than 67 parking spaces to be constructed in general conformity with the Design Drawings described on Exhibit "A" or as may be approved pursuant to the Planning Director Modification procedure. t{20205933.@I4f4DQL 4) Lot 5 Use Chart Uses Lot 5 Bldg. A =Allowed outside 11 S = Special Review buildings as further stipulated or restricted below Multi-family dwellings see note 1 A Lock-Off rooms see note 1 A Timeshare S Managers unit/ restricted employee housing A Conference facilities A Accessory uses A A Antenna Reception or Transmission Devices S Public Utility Uses, Services and Facilities A Minor and accessory community facilities A A Commercial or public parking lot A Private recreation facilities A Open use recreation uses and facilities, outdoor play A areas Pedestrian trails, plazas, seating areas A Forest, meadow and open space A Notes: 1.Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit "C. i 1{10205933.BKA4nn('-4} Table 7: Lot 5 Buildout. Building Equivalent Units Min.Building Commercial Skier Commercial Community Number Units/Actual Containing Restricted Floor Area Uses Services Service Facilities Units Lock-Off Housing Areas Rooms Square Footage 11 27_4zUV 4 0 06't 64,220 0 0 0 0 7. Lot 6. Lot 6 consists of 1.34 acres (58,370 square feet) and Building 10AB, related underground and surface parking. Maximum FAR. The maximum FAR on Lot 6 is 2.07:1. Buildings. Buildings on Lot 6 will be built in substantial conformance with the Design Drawings for each Building described on Exhibit"A" and the parameter limitations described in Table 7. The maximum permitted heights for each of the Buildings on Lot 6 are set forth on the Height Matrix and Roof Plan described on Exhibit "A". The Building on Lot 6 will include an underground parking facility containing not less than 130 parking spaces to be constructed in general conformity with the Design Drawings described on Exhibit "A" or as may be approved pursuant to the Planning Director Modification procedure. 1140205933.BKA42OC 4) Lot 6 Use Chart Uses Lot 6 Bldg. A = Allowed outside 10AB S = Special Review buildings as further stipulated or restricted below Multi-family dwellings see note 1 A Lock-Off rooms see note 1 A Timeshare S Manager's unit/ restricted employee housing A Conference facilities A Accessory uses A A Antenna Reception or Transmission Devices S Public Utility Uses, Services and Facilities A Minor and accessory community facilities A Commercial or public parking lot A Private recreation facilities A Open use recreation uses and facilities, outdoor A play areas Pedestrian trails plazas, seating areas A Forest, meadow and open s ace A Notes: 1.Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit"C". 1{_q0205933.BKA4 &_4} Table 8: Lot 6 Buildout. Building Equivalent Units Min. Building Commercia Skier Commercial Community Number Units/Actual Containing Restricted Floor I Uses Service Service Facilities Units Lock-Off Housing Area s Areas Rooms Square Footage 10AB 51.21/90 19 4000 118,570 0 0 0 0 8. Lot 7. Lot 7 consists of 2.21 acres (98,267 square feet) and Building 12, related underground and surface parking. Maximum FAR. The maximum FAR Is 0.62:1. Buildings. Buildings on Lot 7 will be built in substantial conformance with the Design Drawings for each Building described on Exhibit "A" and the parameter limitations described in Table 8. The maximum permitted heights for each of the Buildings on Lot 7 are set forth on the Height Matrix and Roof Plan described on Exhibit "A". The Building on Lot 6 will include an underground parking facility containing not less than 37 parking spaces to be constructed in general conformity with the Design Drawings described on Exhibit "A" or as may be approved pursuant to the Planning Director Modification procedure t(60205933.814A4DQL4) Lot 7 Use Chart Uses Lot 7 Bldg. A = Allowed outside 12 S = Special Review buildings as further stipulated or restricted below Multi-family dwellings see note 1 A Lock-Off rooms see note 1 A Timeshare S Managers unit/ restricted employee housing A Conference facilities A Accessory uses A A Antenna Reception or Transmission Devices S Public Utility Uses, Services and Facilities A Minor and accessory community facilities A Commercial or public parking lot A Private recreation facilities A Open use recreation uses and facilities outdoor play areas A Pedestrian trails, plazas, seating areas A Forest, meadow and open space A Notes: 1 Unit types, sizes and lock-off rooms as specified In tile Development Statistics Matrix described on Exhibit"C. 1190205933.BKA: PDL4f Table 9: Lot 7 Buildout. Building Equivalent Units Min.Building Commercial Skier Commercial Community Number Units/Actual Containing Restricted Floor Area Uses Services Service Facilities Units Lock-OH Housing Areas Rooms Square Footage 12 25/41 0 0 57,445 0 0 0 0 9.Lot 8. Lot 8 consists of 1.10 acres (47,916 square feet) and Building 13B, related underground and surface parking. Maximum FAR. The maximum FAR is 1.67:1 Buildings. The Building on Lot 8 will be built in substantial conformance with the Design Drawings described on Exhibit "A" and the parameter limitations described in Table 9. The maximum permitted heights for the Building on Lot 8 are set forth on the Height Matrix and Roof Plan described on Exhibit "A". The Building on Lot 8 will include an underground parking facility containing not less than 70 parking spaces to be constructed in general conformity with the. Design Drawings described on Exhibit "A" or as may be approved pursuant to the Planning Director Modification procedure. 1{80205933.BKA-1 ncir a} Lot 8 Use Chart Uses Lot 8 Bldg. A = Allowed outside 13B S = Special Review buildings As further stipulated or restricted below Multi-family dwellings see note 1 A Lock-Off rooms see note 1 A Hotel / Lod a room or suites A Timeshare S Manager's unit/ restricted employee housing A Conference facilities A Accessory uses A A Day care A A Antenna Reception or Transmission Devices S Public Utility Uses, Services and Facilities A Minor and accessory community facilities A A Commercial or public parking lot A Private recreation facilities A Open use recreation uses and facilities, outdoor play A areas Indoor entertainment facilities A Pedestrian trails, plazas, seating areas A Forest, meadow and open s ace A Notes: 1.Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit"C". Table 10: Lot 8 Buildout Building Equivalent Units Min. Building Commercial Skier Commercial Communit Number Units/Actual Containing Restricted Floor Uses Services Service y Facilities Units Lock-Off Housing Area Areas Rooms Square Footage 13B q-1-1-g3.2g/ 6J2 &M" 4400al 0 0 0 0 72Z fl fii 10. Lot 9. Lot 9 consists of 3 35 acres (145,926 square feet) and Building 13A, related underground and surface parking. Maximum FAR. The maximum FAR is 1.42:1. Building. The Building on Lot 9 will be built in substantial conformance with the Design Drawings described on Exhibit "A" and the parameter limitations described in Table 10. The maximum permitted heights for the Building on Lot 9 are set forth on the Height Matrix and Roof Plan described on Exhibit "A". The Building on Lot 9 will include an underground parking facility containing not less than 139 parking spaces to be constructed in general conformity with the 1{90205933.$K-h-14RQ. 4} Design Drawings described on Exhibit "A" or as may be approved pursuant to the Planning Director Modification procedure. j00205933.BYA DQf 4) Lot 9 Use Chart Uses Lot 9 Bldg. A = Allowed outside 13A S = Special Review buildings as further stipulated or restricted below Multi-family dwellings see note 1 A Lock-Off rooms see note 1 A Hotel / Lod a room or suites A Timeshare S Manager's unit/ restricted employee housing A Conference facilities see note 4 A Accessory uses A A Day Care A A Antenna Reception or Transmission Devices S Educational Facilities see note 4 A Major community facilities see note 4 A Minor and accessory community facilities A A Retail sales establishments see note 4 A A Business/ professional offices see notes 2 & 4 Personal services see note 4 A A Restaurants food & beverage] see notes 2 & 4 A A Outdoor cafe courts or outdoor seating areas for A restaurants see notes 3 &4 Commercial or public parking lot A Ski-related facilities see note 4 A A Commercial recreation facilities see note 4 A A Private recreation facilities A A Open use recreation uses and facilities, outdoor A play areas Indoor entertainment facilities see note 4 A Pedestrian trails, events plazas, seating areas A Forest, meadow and open s ace A Notes: 1.Unit types, sizes and lock-off rooms as specified in the Development Statistics Matrix described on Exhibit "C". 2. The use is allowed subject to the Declaration of Covenants, Conditions and Restrictions for Commercial Units as described on Exhibit"A". 3. As located on Setback Site Plan and Sheet C-2 "Site Plan" as described on Exhibit "A" or as otherwise may be approved by the Planning Director. 4. As located on the colored "Commercial Use Diagrams" in Exhibit "B" Table 11: Lot 9 Buildout. 110205933.9KA4PPC 4} Building Equivalent Units Min. Building Commercial Skier Commercial Community Number Units/ Containing Restricte Floor Uses Services Service Facilities Actual Lock-Off d Area Areas Units Rooms Housing Square Footage 13A 90-9983A 821 02= --96;4892 8,565 0 LONZ R 247+WZU a`20205933.$KA42Q=CA) Table 12: Alternative Parking Plan Requirements Type of Use Number of Spaces Residential 75 Spaces per Unit Restricted 1 Space per Unit Housing Non-Restaurant 1 Space per 300 Commercial sf. Restaurant 1 Space per 8 Commercial seats Compact parking spaces and tandem/stacked parking spaces (provided that valet parking service is being provided) are allowed within underground parking structures: 1) if consistent with the Parking Management Plan; 2) in general conformity with the Design Drawings described on Exhibit "A"; or 3) as may be approved pursuant to the Planning Director Modification procedure. PLANNING DIRECTOR REVIEW PROCEDURES 1. Planning Director Deferred Architectural Plan Review. The final architectural plan contemplated in Section 16A-5-360(c)(2)C for Buildings 10A and B, 11, 12 and 13B will be submitted to the Planning Director prior to the submission of a building permit application. The Planning Director will review the final architectural plan to determine that substantial consistency exists between the final architectural plan and the preliminary architectural plan for the Building and the design narratives described in Exhibit "A", the conditions imposed by the Ordinance and the provisions of this Amended PUD Guide. The Planning Director may request additional information necessary to adequately evaluate a final architectural plan as the Planning Director deems reasonably necessary. The applicant shall be responsible for payment of Town costs associated with processing the application pursuant to the Town Planning Department Fee Schedule in effect at the time application is made. After review of the final architectural plan, the Planning Director will cause a public notice to be published that the Town Council will consider the approval of the final architectural plan for a building at a regularly scheduled Town Council meeting, to occur at least 10 days following the date of publication of the public notice. At the such meeting the Town Council will consider the recommendation of the Planning Director and will approve the final architectural plan by Resolution provided that substantial consistency exists between the final architectural plan and the preliminary architectural plan for the building and the design narratives described in Exhibit "A", the conditions imposed by the Ordinance and the provisions of this Amended PUD guideGuide. j80205933.BKA4QQC 4} 2. Final Plan Approval for Aqua Center. Prior to the submission of an application for a building permit for the Aqua Center the Applicant will submit the final drawings contemplated in Section 16A-5-360(c)(2)c to the Planning Director. The Planning Director will review the final architectural plan to determine that substantial consistency exists between the final drawings and the preliminary drawings for the Aqua Center and the design narratives described in Exhibit"A", the conditions imposed by the Ordinance and the provisions of the Base Village Amended PUD Guide. After review of the final drawings, the Planning Director will cause a public notice to be published that the Town Council will consider the approval of the final drawings for the Aqua Center at a regularly scheduled Town Council meeting to occur at least 10 days following the date of publication of the public notice. At such meeting the Town Council will consider the recommendation of the Planning Director and will approve the final drawings by Resolution provided that substantial consistency exists between the final architectural plan and the preliminary architectural plan for the building and the design narratives described in Exhibit"A", the conditions imposed by this Ordinance and the provisions of the Base Village Amended PUD Guide. The Planning Director and the Town Council may request additional information necessary to adequately evaluate a final drawings as they deem reasonably necessary. 3 Planning Director Modifications to Buildings Not Affecting Mass or Scale. The Planning Director will review, prior to the application for a building permit for any Building being modified, proposed modifications as follows: a. The number of actual Multi-Family Dwelling Units permitted in such Building would be modified by no more than 5 actual Multi-Family Dwelling Units. b. The total amount of Commercial, Skier Services, Commercial Service Areas or Community Facilities for such Building will be modified by no more than 1,000 square feet. C.If the proposed change to the final architectural plan of a Building does not materially increase the mass and scale and is, in the reasonable determination of the Planning Director, generally consistent with the architectural design of such Building as depicted on the applicable Design Drawings and Narrative Design Standards described in Exhibit "A". d.If the proposed change to the exterior combustible construction materials of a Building does not materially increase the mass and scale and is, in the reasonable determination of the Planning Director as authorized pursuant to Ordinance No. 21, Series of 2004, generally consistent with the architectural design of such Building as depicted on the applicable Design Drawings and Narrative Design Standards described in Exhibit "A" and the Snowmass Wildcat Fire District approves such change. e.If the proposed modification would cause the height of the Building to exceed the height limitation for such Building by one foot (1') or less. f.If the proposed modification to a Building would cause the FAR for the Building's Lot to exceed the FAR limitations for such Lot by no more than 2%. g. Modifications within the underground parking facilities increasing the amount of compact parking spaces (up to but not exceeding 15% of the actual parking 2R0205933.E1KA4DQfA) spaces within the given facility) or tandem/stacked parking spaces. The appropriate location and number of compact and/or tandem/stacked parking spaces will be determined by the Planning Director based upon applicable standards and provisions set forth in the Municipal Code. h.Modifications to or the addition of outdoor cafe courts or outdoor seating areas for restaurants. 4 Standard of Review for Planning Director Modification. For any such modification, the Planning Director will consider whether the proposed modification: a.is consistent with the original provisions of this Amended PUD Guide and the Ordinance; and b. does not have a substantially adverse effect on the neighborhood surrounding the affected Lot or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from such Lot; and c would not change the basic character of the Project or surrounding areas; and d.complies with all applicable standards and provisions of the Municipal Code. Upon finding that the proposed modification meets the such criteria, the Planning Director will grant a Planning Director Modification approval and a written notice of decision will be recorded in the records of the Pitkin County Clerk and Recorder. 5.Procedure for Obtaining Planning Director Modification. a. The application will minimally include the following: i) revised Design Drawings, if necessary; and ii) specify the exact changes proposed to the previously approved development parameters for the Building; and iii) specify the effects, if any, such modification would have to the development parameters for the Lot; iv) written description of how the proposed modification complies with the Standards for Review' specified in Paragraph 4 above; and v) signed fee agreement to pay Town costs associated with processing the application. b. Within 15 days after receiving such submission, the Planning Director will provide a written decision notice of the Planning Director's determination approving, approving with conditions or denying the application. C.Within 10 days after the Planning Director's determination, the applicant for the proposed modification may appeal such determination to the Town Council, 2(0205933.BKA4MC 4) which has the authority to reverse the determination of the Planning Director by majority vote of its members present and voting. 6.Short-Term Event Application ("STEA"). A permit for a Short-Term Event may be applied for in accordance with the following procedure: a Not later than the application deadline specified in Table 13 below for the type of STEA proposed, or as may be authorized by the Town Manager, an application must be submitted to the Planning Director describing the operational nature of the Short-Term Event, including: i) supervision, emergency and security plans; and ii) water and sanitation; and iii) food and beverage service; and iv) parking and transportation; and v) lighting, noise and trash; and vi) permit area, hours of operation, supervision and control; and vii) unique concerns, if any. b. Within the applicant meeting deadline specified in Table 13 below, the Planning Director and the applicant will meet to review the application. C.Following the conference, but within the decision notice deadline specified in Table 13 below, the Planning Director will issue a written decision notice approving, approving with conditions or denying the application. d So long as the application demonstrates, to the satisfaction of the Planning Director, that: i) adequate management and mitigation measures will be undertaken with regards to the operational issues; and ii) the proposed use will be appropriate in the proposed location, taking into consideration the nature of the proposed use and the relationship of the use to surrounding land uses: and iii) the proposed use will comply with the policies and regulations of the Town, the Planning Director will approve the application. Table 13: Short-Term Event Application Review Schedule Short-Term Event Application Review Schedule APPLICATION APPLICATION DECISION DEADLINE MEETING NOTICE ISSUED MINOR EVENT EVENT DURATION DOES NOT EXCEED 3 7 DAYS PRIOR TO 3 DAYS AFTER 2 DAYS AFTER 2(80205933.8I£A4aQC 4} CONSECUTIVE DAYS AND IS DESIGNED OR MAY EVENT APPLICATION APPLICANT BE REASONABLY ANTICIPATED TO ATTRACT NO RECEIVED MEETING MORE THAN 750 VISITORS PER DAY TO THE PROPERTY MAJOR EVENT EVENT EXCEEDS 3 CONSECUTIVE DAYS OR WILL 25 DAYS PRIOR TO 10 DAYS AFTER 5 DAYS AFTER LIKELY ATTRANCT MORE THAN 750 VISITORS PER EVENT APPLICATION APPLICANT DAY TO THE PROPERTY RECEIVED MEETING Note: "Days" means Town business days 7. Administrative Renewal of Short-Term Event Application. Applicants may request in writing for renewal of a previously approved STEA permit provided the event will remain substantially as previously approved and that the request to renew is submitted within 1 year of the prior STEA but no later than 25 days prior to the upcoming event. Provided the prior event was conducted in a safe and orderly manner without complaints having been received or matters of concern being identified by the Town, approval may be granted by the Planning Director pursuant to Paragraphs 6c-d above within 3 days of STEA receipt. At the time of the second annual STEA renewal, the applicant may request that the renewal be for up to 5 years. 8. Appeal. A decision by the Planning Director concerning an application for an STEA permit or renewal thereof, may be appealed, pursuant to Municipal Code Section 16A-5- 80, Appeals. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Municipal Code Section 16A-5-80(d), Procedure. 9 Penalties. Violation of any term or condition of an STEA permit by the permittee, 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 an STEA permit and to require that any activity authorized thereby cease and desist immediately. 2(90205933.BKA4PQ. ) Document comparison done by DeltaView on Tuesday, December 05, 2006 3:45:23 PM Input: Document 1 ORLDOX://K:\DOCS\1049\00031\00205933.BKA Document 2 WORLDOX://K:\DOCS\1049\00031\00205933.DOC Rendering set IStandard Legend: insertion Del.etien MQV?d to Style change Format change n,dyed-deleh,ei Inserted cell Deleted cell Moved cell S lit/Mer ed cell Padding cell Statistics: Count Insertions 67 Deletions 59 Moved from 1 Moved to 1 Style change 0 Format chan ed 0 Total changes 128 I. + SECTION 3 OTHER AGREEMENTS 3.1. FIRST AMENDMENT TO RESTRICTED HOUSING AGREEMENT. Please see the draft First Amendment to Base Village Restricted Housing Agreement located on the next page. November 2006 A cationforMinorAmendment to PUD•Bate V4gf 11 00205887.DOC) FIRST AMENDMENT TO BASE VILLAGE RESTRICTED HOUSING AGREEMENT THIS FIRST AMENDMENT TO BASE VILLAGE RESTRICTED HOUSING AGREEMENT(this "Amendment") is entered into as of 2006,between INTRAWEST/BRUSH CREEK DEVELOPMENT COMPANY, LLC ('Developer") and the TOWN OF SNOWMASS VILLAGE, COLORADO, a Colorado municipal corporation(the Town"). RECITALS: WHEREAS, Developer intends to develop that real property situated in the Town commonly known as Lots 1 —9, Base Village Planned Unit Development, (the "Property"), as depicted on the Final Plat for Base village PUD; WHEREAS, Developer received approval from the Town to develop the Property the "Project") as more particularly described in Town Ordinance No. 21, Series of 2004 (the Ordinance"); WHEREAS, in conjunction with the development of the Project, the Town and Developer entered into that certain Base Village Restricted Housing Agreement dated November 4, 2004,recorded in the offices of the Pitkin County Clerk and Recorder on February 2, 2006 at Reception No. 520494, Pitkin County, Colorado records (the "Agreement"); WHEREAS, the Town and Developer have agreed to amend the Agreement on the terms and conditions specifically set forth in this Amendment. NOW,THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Base Village/Fanny Hill/ Sinclair Meadows Employee Housing Mitigation Requirements and Measures. The table identified as "Exhibit A" with the title 'Base Village/ Fanny Hill/Sinclair Meadows Employee Housing Mitigation Requirements and Measures" attached to the Agreement, is hereby deleted in its entirety and replaced with the table attached hereto as Exhibit A and incorporated herein. 2. Full Force and Effect. The Agreement, as amended by this Amendment, sets forth the entire agreement between the parties regarding the Property and supersedes any prior agreements,negotiations or understandings of the parties. The Agreement shall remain in full force and effect as written, except as modified by this Amendment. To the extent that any terms or provisions ofthe Agreement are inconsistent with the terms or provisions set forth in this Amendment,this Amendment shall control and such terms and provisions shall be deemed superseded by this Amendment. 00206058.DOC) 3. Counterparts. This Amendment may be executed in one or more counterparts, which when taken together, shall constitute one and the same original. The parties agree that signatures transmitted by facsimile shall be binding as if they were original signatures. SIGNATURES ON FOLLOWING PAGE] 100206058.DOC)2 IN WITNESS WHEREOF, the parties have caused this Amendment to be signed as of the date set forth below to be effective as of the date written above. TOWN: TOWN COUNCIL FO SNOWMASS VILLAGE, COLORADO, a Colorado municipal corporation By: Name: Title: Date: APPROVED AS TO FORM: John C. Dresser,Jr.,Town Attorney SIGNATURES CONTINUE ON FOLLOWING PAGE] 00206058DOC}3 DEVELOPER: INTRAWESTBRUSH CREEK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: Intrawest Resorts, Inc. a Delaware corporation, its Manager By: Michael O'Connor,Vice-President Date: 00206058.DOC}4 EXHIBIT A Em*ycec S.F,Housing S.F.Housing,S.F. S.F.Housing j,S.F.ASC TotalS.F Type ofUss(Square Feet) Square Fast Generated per Employees R ulremeM ousin Providedat Pro f 'Prndedat Housing Ogx:r HousingLotsorUnits '/,000sforlot/' Generated (45%deeps at j urdt g48s1/emP) BV CC/1 SM Credit Proeided Phase One See below Sea below 336 67,769_ 6,322 38143 0 0 67,769 BuBdingl -_-- See below Sx babes 83.5.1 -I fe.MO _-0 18810. -_ 0 0 0 _ _ 1em -- StudO/One Bedroom) 2 I 0.32 I 0.64 129 1 - I - TwoBeokOOm 6 1 0.42 j 2.52 I SOB nueeBeoroaw 6 0.52 3112 629 Cbgdren•sCwdw I 281343 Sae below 77.3 I 15,571 ChildressFau9b'es 19,104 3.68 I 70.3 14,173 Reshooms/Lorkmi 7,239 0.98 6_9 1,_401 BuOding 2A See below See Ube04.18 17.07 0 17,831 0-r 0 1 0 17,831 Studo/qm Bedmmr: 7 j 632 I 2.24 452 Two Bedrown 75 1 042 6.3 ! 1,270 liveeBOdoo'n 7 0.52 3.64 I 734 FoodaBereragel Use I 5.16 46.7 9,421 Relad 2,870 4.83 I 13.9 195 018ce 0 3.68 00 0 CanrmundyFZaTM /6,180 0.97 15.7 Bwldinp2B Wis. SH belm 273 3,522 1,360 3,/88 0 670 1 0 5,522 - Shrdb/OneBeesuwn 19 ( 0.32 6.08 1,226 TwoBedoomi 4 0.42 1.68 339 ilueeBedown 2 ' 0.52 1.04 210 FooOdBeverage 1,011 5.16 5.1 1,052 Retdl 1,769 4.83 I 114 2,698 _ Building 2C TSee below See Wkw 16.79 6,.115 2147 - 0 I- 0 0 - 7,]85 Su[Oo/Ow Bedmce, 10 0.32 32 645 TwoB6dmomi 9 I 042 3.78 762 1 - Two Because; 4 0.52 2.08 419 Raw, 1,601 I 4.83 77 7.559 t j Buddies 3ABC 1;201 Se Orbw 57.5 11,59E 0 0 0 11,592 0 11,591 FoodsBewrdge 8,507 5.16 43.9 8,849 1 SkierSenxns_3,697 3.68 1 13_6 2,743 BupdbW30E 0891- Sn below MJ _ L_-- __ _-. 125 0 0 0 8,125 0 4125 Food&Bererwp' 6,515 5.16 33.8 6,808 Reha9 1,352 4.93 1 6.5 1,316 Building Sae bMow ~ See below 11.1]461 --0 0 '- 0 --~;481 t 0 3,481 - TwoSeduiun' 5 842 2.1 423 ThmeBedwml 4 0.52 2.08 419 Food6 Sewrega 2,577 5.16 710 _1,618 Building? See belowSee bbv t &97-Y 1,609 1,804 0 0- 205- 0 1,809 Two Bedroom 2 042 0.84 768 Three BedoOm 5 852 2.6 524 FourBedmml 7 062 0.62 125 Food&Bear T 785 5.16 41 817 SkierServices 699 0.96 0.9 _ 174_ 800d W$ See below Seebelow 59.]0 f;Oq 1,191 0 0 14856 0 -- -1;047 ShMO/One Bedroom' 11 0.38 4.18 843 TwoBedmmi 21 0.76 15.96 3,218 Three BedOomj 0 0.52 0 0 FcurWituom, 0 0.62 0 0 Food&Bewwage, 3,045 5.16 157 3,168 CSnk 4,967 3.68 18.4 3,700 AmuSermes' 5,785 0.96 5.6 1,120 spa 0 0.96 0.0 0 Credif-EsisdngAdmin.Bldg -11,961 3.68 301 -10,205 0 0 0 .10,205 0 -10,205 Credit-&isdng MedicalCenter I Oemofi6'on Also 3.68 13.1 4615 0 _ 0 _ 0 3,645 0 _ ZW Phase Two See below _seebelow 245 49,410 B 31,708 - 10,061 0_ _ 49,418 Building 13A""' --,_See below Sea below -'_ 110.4 2;252 4151 0 20,098 0 0 2;252 Slud'o/One Betlroom 770 038 41.8 8.427 TwoBedown 31 0.76 23.56 4,750 Three 68& , 9 0.52 4.68 943 FaurBedmoml 2 0.62 j 1.24 250 Fad&Beferage__7,577 _ 5.16 4_39.1_ ._ _ 7,882 Buddies l]B Sre below See behw 38.1 Ten 926 0 ~ 4,751 0 0 7,677 Sfudm/One Be1mom' 42 0.38 16.0 3,218 Two Bedroom 25 0,76 19.0 3,830 Three Bedoo., 6 0.52 i 3.1 629 Budding MB Sea below See below 22.48 4,531 0 0 4,531 0 0 1,5.11 Sbdo/One Bedooml / 0.32 0.32 65 TwoBadrown 2 042 0.84 169 ThreeBedOwn 2 0.52 j 1,04 210 4,198 4.83 20.3 4088 _ ; 5 0Bu110bg5SeebehwSeabobw5.]0 118 316 8,961 0 11,831 SNd'o/One Bediowrd 5 032 1.6 323 TwoBe000m' 42 042 17.64 3,556 Three Bedomn, 10 0.52 S2 1,048 Retd• 6,433 4.83 31.1 6,264 Skier Services(Loders); 2,745 0.96 2.6 531 Reslrvoms4__ 577_ _ 0.96 - _0.6 712 _ - BuJding8A8 1478 Slobs w 1.1 1,438 0 0 0 1,439 0 1,419 Retail 1.478__-_ _ 4.83__7.1_ _ 1439 _ Budding 9C 1,034 See behw 5.0 1,007 0 0 0 1,m1 0 1,007 Wadi A uaticCenbr 500 O.pa x4 6]7 0 0 0 all 0 a71 Phase OneB TIM S_ee above See above 581 117,187-=`13,947 38143_ 3,708 33,388 `-0 117,187_ f --- PhaseThree See below sea below'21 4,145 _ 1,063 0 0 7,082 0 _ 4,145 Swbebw s.e below 309 41IS_ Im 0 I 0 -xaai— r 0 srudo/One Beaoami 7 0.32 1 Z24 451 Two Bedrooml 30 0.41 11.6 2,540 I - ThreeBedoaml 11 i 0.51 5.72 7.153 PhaseOne-Three See above see above 602 121,132 15010 38143 31,708 36,470 0 121,332 PhaseFour See below Saehelow 38 7,701_ 4,000 0 0 2,461 1,240 7,101 Bmldm910AB Sn below Sw below OaM 7,701 4,000 0 0 Zeal1740 7,701 Sludr"o/One Bedown1 29 037 9.28 1,871 Two Bedroom 28 0.41 11.76 2,371 Th.fled" 33 0.57 17.16 .3,459 Phase Five See below See below 17 3330 _ 0 0 0 0 7730 X370 Building12 -- - see berow s.eberow 16.5: rasso iw Studio/One Bedroom 15 0.31 4.8 1 966 7wOBeceowq 18 0.42 7.56 1 1,514 ThreeBedoanl 8 0.52 4.16 ! 839 1 Total See at sae ebova 657 132,363 19,010 38,143 311.708 38,931 4,571 132,363 Arrivaland propertymanagement o0ces in Building 7 we inducted inawcondo generation rates so are trot bled as a separabAm Fuses dnk space inBustling B is Mincluded in the calculations. Gontwmwefaced"in Building 13A are included inBie howl generation rake no arenot listed as a separate ikm. BASE VILLAGE RESTRICTED HOUSING AGREEMENT THIS BASE VILLAGE RESTRICTED HOUSING AGREEMENT (this "Agreement') dated as of November 4, 2004 between INTRAWESTBRUSH CREEK DEVELOPMENT COMPANY LLC, a Delaware limited liability company ("Developer'), and the TOWN OF SNOWMASS VILLAGE,COLORADO,a Colorado municipal corporation(the"Town'). RECITALS WHEREAS Developer intends to develop that real property situated in the Town commonly known as Lots I-9, Base Village Planned Unit Development (the "Property'), as depicted on the Final Plat for Base Village P.U.D.; WHEREAS Developer has received approval from the Town to develop the Property(the Project') as more particularly described in Town Ordinance No. 21, Series of 2004 (the Ordinance'); WHEREAS in conjunction with the development of the Project,Developer is required to mitigate a required amount ofRestricted Housing(as defied below); WHEREAS this Agreement specifies the methods by which Developer shell mitigate such Restricted Housing; WHEREAS execution of this Agreement by the Town and Developer is contemplated by the Ordinance; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I RESTRICTED HOUSING 1.1. Restricted Housing Mitigation Requirement. As part of the development of the Project, the Town Land Use and Development Code(the"Code")requires Developer to mitigate 137,455 square feet of Restricted Housing (the "Restricted Housing Requirement"). The Restricted Housing Requirement has been calculated by multiplying(i)the number of employees assumed to be generated by the Project at the rates set forth in Table 4-5 ofthe Code by(ii)448 square feet of net interior floor area per generated employee(iii)by a required mitigation rate of 45%minus iv)any applicable Restricted Housing redevelopment credit,as such formula is mom particularly described in Section 16A4400 et seq.ofthe Code. For purposes of this Agreement,"Restricted Housing" means one or more residential dwelling units that is intended to be used to house employees generated by the Project or other individuals employed within the Town and is subject to a Declaration of Restrictive Covenants as described in Section 1.5 below. 1.2. Satisfaction of Restricted Housing Requirement. 1.2.1. Methods of Satisfaction. Developer shall satisfy the Restricted Housing Requirement through a combination of(i)"on-site"Restricted Housing to be built at the Project, ii) "off-site" Restricted Housing to be built at the projects commonly known as "Sinclair Meadows"and"Club Commons Ir', (iii)use of a portion of the 42,105 square feet of Restricted 00157231.DOC 81 Illlllf VIIIIIIIIIIIIIII IIIIIIIIIIiIIII III VIIIIIIIIIN OZ/02/2006 e: f 03:04JANICEKVDSCAUDILLPITKINCOUNTYCOR61.00 0 0.00 IIIiIIIIIIIIIIIIIIiIIIIIIIIIII IIIIIII IIIIIIII I III 5 Page: 2 20494 03.04 PNICE K V0a CNUOILL PITKIN COUNTY CO x 61.00 D 0.00 Housing credit bold by Brush Creek Land Company,LLC,and(iv)other means permitted by the Code(which may include cash-in-lieu payments to the Town or development of other"off-site' Restricted Housing units to be approved by the Town under separate development applications). Attached hereto as Exhibit "A" is the Restricted Housing Mitigation Schedule, which schedule sets forth the manner in which Developer intends to mitigate a portion of the Restricted Housing Requirement, including the size,location and phasing of such mitigation. 1.2.2. Timing for Satisfactioll6bm eOuisites to Development. The Ordinance sets forth the phasing plan by which Developer may construct the buildings approved for the Project (the Phasing Plan"). In general,Developer intends to begin construction ofPhase 1 of the Project in July 2005 and complete construction of Phase 1 of the Project in May 2008. In general, Developer intends to begin construction of Phase 2 of the Project in April 2006 and complete construction of Phase 2 of the Project in November 2008. As ad forth on Exhibit"A"attached hereto, Developer intends to use Club Commons 11 to satisfy a portion of the Restricted Housing Requirement attributable to Phase 1 of the Project and to use Sinclair Meadows to satisfy a portion of the Restricted Housing Requirement attributable to Phase 2 of the Project. In that regard, it is anticipated that construction of Club Commons H will begin in September 2005 and will be completed in October 2006,and construction of Sinclair Meadows will begin in May 2006 and will be completed in November 2007. As such,while certain portions ofPhase 1 and Phase 2 of the Project may be completed prior to the completion of Club Commons H and Sinclair Meadows,it is intended that Club Commons II will be completed prior to the final completion of Phase 1 of the Project and that Sinclair Meadows will be completed prior to the final eomplction of Phase 2 of the Project. In any event, Developer shall satisfy the Restricted Housing Requirement as described below: a) Developer shall obtain a building permit for Club Commons II(or obtain a building permit for such other Restricted Housing otherwise contemplated by Section 1.2.3 below)before Developer obtains a building permit for Building 6 of the Project and shall receive a certificate of occupancy for Club Commons H prior to receiving a certificate of occupancy for Building 6 of the Project. b) Developer shall complete construction of and receive a certificate of occupancy for Sinclair Meadows before Developer obtains a certificate of occupancy for Building 13A in Phase 2 of the Project or for any other building in a subsequent phase of the Project as identified in the Phasing Plan. c) Developer and the Town shall agree upon a method for mitigating the Remaining Restricted Housing and amend this Agreement accordingly or, in the alternative, Developer shall pay to the Town the applicable portion of the cash-in-lieu amount described in Section 1.2.4 below to the Town before Developer obtains a building permit for Building 11 in Phase 2A ofthe Projector for any other building in a subsequent phase of the Project as identified in the Phasing Plan. d) The "on-site" Restricted Housing shall be constructed contemporaneously with the development of the applicable building of the Project within which such Restricted Housing is located. 1.2.3. ApRrroval of Club Commons II. The methods of satisfying the Restricted Housing Requirement set forth in Sections 1.2.1 and 1.2.2 above assume that the development of Club Commons 11 shall be approved by the Town in substantially the same form as the Sketch PUD Plan Application for Club Commons 11 submitted by Aspen Skiing Company, LLC, to the 10015723 LDOC 81 2 III{IIIiillllfllilflil{II{IIIIIIi111111111111111111i1I0520494 ee3 e4 JANICE Town on August 15, 2003. Developer aclatowledges that Club Commons D has not yet beenapprovedbytheTownandtenttheTownhasnoobligationtoapprovesuchProject. The TownwillreviewandconsidertheapplicableClubCommonsDaPplicationaasitwouldanyotherdevelopmentapplicationssubmittedtoit. If Club Comtnona D is not approved by the TownbeforeJune1,2005,Developer and the Town shall cooperate in identifying an alternative methodformitigatingthatportionoftheRestrictedHousingRequirementallocatedtoClubCommonsDonb' "A' attached hereto_ In eny sent,u set forth in Section 1.2.2 above,Developer shallnotbeentitledtoreceiveabuildingpermitforBuildings5,9AB or 9C in Phase 2 of the ProjectoranybuildinginanysubsequentphaseoftheProject, unless and until such alternativemitigationmethodhasbemidentifiedand/or satisfied,as the Town may require. 1.2.4. $e a g Mitlaa I to be S shed,fortb in the Restricted Housing Mitigation Schedule described completion i4 the mitigation set Restricted Housing Requirement shall r square feet of the Honsing', Prior to the issuance of a buildinggroan unmitigated (the "Remaining Restrictedshallusebesteffortstoenterintoanamendmenttopermit his Buildings IOAB, 11,or 12,the parties sets forte the means by which the Remaining Restricted HousingAent (the"Amendment')which satisfiedNotwithstandingtheforegoing, if the Amendmrat has not been executed as of tlteby Developer. of Match 31,2007 or the date Developer applies for a building permit for Buildings I GAB, t t,or12,then,in lieu of executing the Amendment,Developer mat satisfy the proportionate amount oftheTownaRcashinlieuHousingtobemitigatedbythedevelopmentofsuchbuildingbypayingtoAmountplusthelandCSureequal m the sum of the Design d Construction Cash-in-LieuAmount" ash-in-Lieu Amount, where the"Design and Construction Cash-in-Lieu Y(b) squarefoots obtained by rdtiplying (a) $90 Pet. square foot for constructioncosts, b ge of Restricted Hous'applicable,as set forth on Exhibit generated the by Building lOAF 11,or d asLandCash-in-Lieu Amount,, 'st a rOd hereto,by(c)the CPI Adjustment Factor,and theforlandcostsequalstheProductobtainedbymultiplying(x)$56 per square footby(Y)the square footage of Restricted Housing generated by Building IOAB, 111or12, as applicable, as set forth on ExhibitFactor, The Land Cash-in-Lieu Amount may" A" attached in whole by r i the CPI Adjustment Restricted Housing Credit" held b B y be satisfied in whole or in pert r use of anyYrushCreekLandCompanyhatcertaindngeAgreementandEscrow, lnstiuctiona executed may LLC, under LLC, and the Town dated February 7, ru For tea° Brusb Creek band Company,Factor" means a fraction, the numerator of which repthe Conte Agreement, "CPI Adjustment Consumers: Denver-Boulder-Greeley, CO (1982-84=100) most recently ien for All UrbandateonwhichDeveloperpayssuchcash-in-lieu amount to the Town, d tithe denominator of pushed Prior to the which is the Consumer Price ,Index for All Urban Consumers; Denver-Boulder-Greeley, CO1982-84100) most recently Published after the date of thiscash-in-lieu payment by the Town, Developer shall be eligiblol four an building receipt of surebuildingsproposedfortheapplicablephaseoftheProjectrigPermitfortheJasdescribedintheOrdinance. 1.3. Owners io, 1.3.1. On-Site Restr ct is nd OtMeadowa• The on site Restricted Housing to be constructed on the Property l Restricted Housing to be constructed at Sinclair Meadows shall be sold by Developerendthe off-site individuals in the Town, as such eligibility is determined by a Declaration f Restrictivetr Covenants described in Section 1.5 below. 1.3.2. Off-Site Restrieta<t Houei a t Clu Common ii,Restricted Housing shall be retained by 2- v C er, or The off-site Club Commons DPanaffiliateofDeveloper, and leased to 0015717 1.DDC 81 3 1111111 Hill111111111111111111111111111111111111111110 gm4sa 3:04 JANICE K VOS CAUDILL PITKIN COUNTY CO R 51.00 D 0.00 eligible individuals in the Town,as such eligibility is determined by a Declaration of Restrictive Covenants described in Section 1.5 below. If, as discussed in Section 1.2.3 above, Club Commons 11 is not approved by the Town, the parties shall determine the ownership of such alternative Restricted Housing to be constructed in lieu of Club Commons H prior to the commencement of construction of Buildings 5, 9AB or 9C in Phase 2 of the Project or any building in any subsequent phase ofthe Project. 1.4. Initial Sales Price.Rental Rates and Assessments. 1.4.1. Initial Sales Price. The initial sales price of the Restricted Housing units to be sold by Developer pursuant to Section 1.3.1 above (or such other Restricted Housing to be developed and sold by Developer as may be agreed by the Town and Developer pursuant to Section 1.2.3 above) shall be consistent with the then-current sales prices,on a dollar per square foot basis,for comparable units in the Daly Townhomes project. 1.4.2. Rental Rates. The initial rental rate charged by Developer for the Restricted Housing units leased by Developer pursuant to Section 1.3.2 above shall be consistent with the then-current rental rates charged, on a dollar per square foot basis, for comparable units in the Mountain View Phase B and Club Commons I projects. Such rental rates may be adjusted annually based on the inflation index used by the Town 1.5. Restrictive Covenant. Prior to the sale or leasing of a Restricted Housing unit,Developer shall cause to be executed and recorded in the real property records ofPitldn County,Colorado a Declaration of Restrictive Covenants" against such Restricted Housing unit. The form and substance of the Declaration of Restrictive Covenants for the Restricted Housing units to be sold by Developer(or such other Restricted Housing to be developed and sold by Developer as may be agreed by the 'Town and Developer pursuant to Section 1.2.3 above) shall be approved by the Town Attorney, acting reasonably, and shall be consistent with the terms of Chapter 17 of the Town municipal code regarding the individuals eligible to purchase such Restricted Housing units. The Declaration of Restrictive Covenants for the Restricted Housing units to be leased by Developer pursuant to Section 1.3.2 above shall be approved by the Town,acting reasonably,and shall provide that such Restricted Housing units shall be maintained in perpetuity at restricted rents and that Snowmass Village employees will be favored as renters ofsuch Restricted Housing units to the extent that sufficient demand therefrom exists. 1.6. Fulfillment of Obli¢ations. This Agreement and the parties' performance of their respective obligations hereunder constitute the complete satisfaction of Developer's Restricted Housing mitigation requirements underthe Code,the Ordinance or otherwise. ARTICLE B DEFAULT 2.1. Event of Default. The failure by either party to observe or perform any of its obligations set forth above in any material respect and the continuance ofsuch failure beyond the Cure Period shall constitute an"Event ofDefault." 2.2, Notice of Default. Upon the occurrence of a default, the non-defaulting party shall provide the defaulting party a written notice of such default ("Notice of Default'). The defaulting party shall have 60 days after receipt of the Notice of Default(the"Core Period'?to cure the breach specified in the Notice ofDefault(or if such default cannot be cured within the 60 day period, if such defaulting party shall fail to promptly commence to cure the same and 0015723 LDOC 9) 4 44 44 44 44 520494 02022 040,003 thereafter diligently proceed with such cure). During the Cure Period, Developer and the Town shall seek diligently and in good faith to negotiate a settlement of any dispute set forth in the Notice of Default, using the services of a neutral mediator if either party so requests, The conduct of such negotiations,or the failure of such negotiations to achieve a settlement, shall not affect the other rights and remedies of the parties under this Agreement. 2.3. Remedies. 2.31. In the event of an Event of Default by Developer,Developer shall not be entitled to receive a building permit for any of the buildings approved for the Project(as more particularly described in the Ordinance) until such Event of Default has been cured. In addition, upon an Event of Default by Developer,the Town shall have all rights available to it at law or in equity, specifically including the right to injunctive relief or damages. 2.3.2. Upon an Event of Default by the Town,Developer shall have all rights available to it at law or in equity,specifically including the right to injunctive relief or damages. ARTICLE III ASSIGNMENT 3.1 Assignment by Developer. a) Except as set forth below in Section 3.1(b)below or as expressly provided to the contrary above, Developer tray not assign any of its rights or obligations under this Agreement without the prior written consent ofthe Town. b) Developer may assign its rights and obligations under this Agreement, or any portion thereof,without the Town's consent by a written recorded instrument expressly assigning such rights and powers to any of the following entities; r) any Affiliate of Developer; 11) Aspen Siding Company, LLC, a Colorado limited liability company, or any ofits Affiliates; iii) Intrawest Corporation,or any of its Affiliates;or iv) any entity which succeeds to substantially all of Developer's rcmaining development rights with respect to the Property as described in the Ordinance. For purposes hereof,"Affiliate"shall mean any natural person or entity that owns or controls,is owned or controlled by,or is under common ownership with an entity. "Ownership"or"control" means (A) direct or indirect ownership or control of at least 50 percent of all outstanding equity interests in an entity, or(B) the ability to direct or cause the direction of the management of an entity by ownership of equity interests,agreement or otherwise. c) Upon an assignment by Developer of any of its rights or obligations under this Agreement to an entity listed in Section 31(b)(Q through(iv) above, and an assumption of those rights or obligations by such assignee,Developer shall be released of all liabilities arising under this Agreement with respect to such rights or obligations. 100157231.DGC R) 5 IIIllll!lIli!llflllll11111111Illtlll11111llIIIl1111!!! a 520494 9 6e a3 aq JPNICE K VOS CAUDILL PITKIN COUNTY CO a rat.00 0 0.00 ARTICLE IV MISCELLANEOUS 4.1. Binding E}pmt. This Agreementbenefitofeachparty's successorsis enteat shall be binding upon the patties and shall insure to thethePitkinCosonsandassigns. as designated by a written assit'nmentCountyClerkandRecorder's Office, recorded in 4.2. Hwdea and a. ra..,K• Each of the benefits, burdens, turns, covenants agreementsconditionsofthisAgreementshallbeconstruedascovenantsnutningwiththelandburdeningtheP g and such benefits, burdens, or applicable Portion thereof, and it is the intent of theceef teag and Property, covenants, agreements and Conditions touch Patties that Wild concern the 4.3. Governs,."Law the laws of the f Coldo. shell be governed by and coned in accordance with 4.4. Inter. Unless the context of this Agreement clearly requires otherwise..a) terms defined in the singular may be used in the plural,and terms defined is thePluralmaybeusedinthesingular, b) "including"and--such as"are not limited; c) " or"has the inclusive meaning represented by the phrase"and/or";d) the words "hereof, "herein" "hereb " 'Agreement refer to this Agreement as a whole and notht d and similar terms in thisAgreement; y particular provision of this a) Article, Section, clause,Paragraph and Exhibit references are to this Agreementunlessotherwisespecified;and n references to any agreement(including this Agreement),document or instrumentmeanssuchagreement, document or Instrument as amended or modified and in effecttotimeinaccordancewiththetermsthereofand,if applicable,the terms hereof.from time All of the exhibits to this Agreement are hereby incorporated into this Agreementreference, In the event of any conflict between a term, condition orandaprovisionoftheCode,the t s AgreementnterrsofthisAgreementshall controlpronston of this Agreement unenforceabt a it t If any provision of this Agreement shalleshallnotaffectorimpairthevalidity, le ht invalid' illegal, void orAgreementoranyotherprovisionhereof, and a court shall Y enforceability of thismaximumextentlegallypossibletogiveeffectasnearlyaspossibatotheoriginalTownandDeveloperasexpressedinthisA greement to the invalid,illegal,void or un Agreement. If any Provision of thintent of the enforceable not in its entirety but as applied to a Agreement is this urAgree a such provision shall not affect or impair the validity,app le Particular'8 orAgreeoranyprovisionhereofasappliedtoanlegalityorenforceabilityofcourtshallapplysuchprovisionassetenforcethisAgreeyotheractthingorcircumstance, and apossibletoglueeffectasnearlyaspossibletotheoriglnalinrttofamax and Developer asexpressedisthisAgreement, extent legally 0015721(,WC 6) 6 IINIC I1Ku111II1CIA U110111'!"PITI INIICIOUICOUNTY CO Ru I0,3 I0 6 00496 03 04 0 D 0.00 4.6. Amendment: Waivers. This Agreement may be modified or amended, and waivers hereunder granted, only in writing and only with the consent and approval of Developer and the Town. Notwithstanding the foregoing, if Developer loses its right to develop the Project for any reason other than a failure of Developer to meet its obligations under the Ordinance or any agreements, including this Agreement, entered into in connection therewith,then Developer shall immediately be relieved of all obligations bereunder and the parties shall execute a written termination of this Agreement. 4.7. Notices. Any notice to be given to Developer or the Town under this Agreement shall be given by registered or certified mail, overnight courier, telecopy, telegram or hand delivered to the address of the party to whom notice is being given. Any notice sent by registered or certified mail will be deemed to have been received three business days following the date of mailing. Any notice sent by overnight courier will be deemed to have been received one business day following the date of delivery to the overnight courier. Either party may change its address for notice by advising the other party in writing of such change, and until the other party is so advised,it will be entitled to continue sending notices to the last address it is advised ofin writing Ifto the Town: Town of Snowmass Village P.O.Box 5010 0016 Kearns Road Snowmass Village,Colorado 81615 Attention: Town Manager Telephone:(970)923-3777 Facsimile: (970)923-6083 If to Developer: Intrawest/Brush Creek Development Company,LLC P.O.Box 6565 5131 Owl Creek Road Snowmass Village,Colorado 81615 Attention:Mike O'Connor Telephone: (970)922-0556 Facsimile: (970)922-0561 with a copy to: Kevin H.Kelley,Esq. Jacobs Chase Frick Kleinkopf&Kelley LLC 1050 17th Street,Suite 1500 Denver,Colorado 80265 Telephone: 303-68511800 Facsimile: 303-685-4869 4.8. Recordin¢. Developer and the Town each shall have the right to record this Agreement in the records ofthe office of the Clerk and Recorder ofPitkin County,Colorado. 4.9. Captions and Titles. All captions and titles of headings of Articles and Sections in this Agreement are for the purpose of reference and convenience and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. 4.10. Attorney Fees. Notwithstanding anything to the contrary contained in this Agreement,if either party institutes legal proceedings against the other with respect to this Agreement, the 00157231.D008) 7 nonprevailing party shall pay to the prevailing party an amount equal to all attomeys' fees and disbursements and all other costs and expenses incurred by the prevailing party in connection therewith,including,without limitation,the fees and disbursements ofany attorneys,accountants, engineers, appraisers or other professionals engaged by the prevailing party, whether incurred before or at trial,on appeal,in bankruptcy or in post-judgment collection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) a of 12IllllliillllllIIIINIIIIIII{IINIIIINIIIIIII011lllllll//02//200060003:04 tootsr:nt.noca)8 IN WITNESS WHEREOF,the parties have caused this Agreement to be signed as of the date set forth below to be effective as ofthe date written above. TOWN: TOWN COUNCIL OF SNOWMASS VILLAGE, COLD O,a Colorado municipal corporation By: r Michael Se st,Town Manager Date: 02?Q 6 DEVELOPER: MPAWEST/BRUSH CREEK DEVELOPMENT COMPANY LLC,a Delaware limited liability company By: Intrewest Reso ,Inc.,a ware corporation, its M By: c Michael O'Connor,Vice-President Date: lbl"r I(j; APPROVED AS TO C FO1tI John C.Dresser,Jr.,Town A m Ilfllllllllllllllllllllllllllllll IIIiI III VIIIIIIIIIII Page; 2006 03:04 JMICE K VOS CROOILL PITKIN 00MV CO p 61.00 n 0.00 0015723 i.DDC 3 9 EXHIBIT"A" RESTRICTED HOUSING MITIGATION SCHEDULE This Restricted Housing Mitigation Schedule acts forth(i)the Restricted Housing Requirement generated by the Project on a phase-by-phase basis and a building-by-building basis and (ii) Developer's intended means for satisfying the Restricted Housing Requirement on those same bases. This schedule is attached for illustrative purposes only and is not intcnded to supercede the terms of Section 1.2 ofthis Agreement set forth above. Should any conflict arise between the provisions of Section 1.2 above and this schedule,the provisions of Section 1.2 shall control. 5211494 11111111111111IINIIIIIIIII111111111111111111111IIII111002902020000 3209 00157231.nocs} Baas Village/Fanny Hill f Sinclair Meadows Employee Housing Mitigation Requirements and Measures- October 19,2004 Employees S.F.Housing S.F. S.F.Hau981q S.F.ASC TOW&FTypeofUse(Squom Square Fast, Generatedlom Employees Requherna l Housing Housing S.F..F.Housing Fdo AS Ciflot W& Fast) Lofs a Ur*s 1,000 sf or foi Generated (45%ofamps Provided Provided et unit f 44&U of BV CCU SM CMOs Pmvfded IWW gSundiI See below Sao below 89.05 17,051 .? 0 17,953 0 0 0 17,967 Studio/OneSocro m 2 0.32 0.61 129 Insodruan 6 0.42 Z52 508 TheveBMoom 6 0.52 112 629 C80druhCenter 27,214 See below gas 16,691 Ch1Man]Fewilut 20,802 168 766 15433 RRbnOme/Lodes 6,482 696 62 1,255 Building lA Su below See below 11.91 11,922 0 17,921 0 0 0 11,013 ShNb/OneBedDenr 7 0.32 224 452 TheSedewn 15 0.42 63 1,270 7idoo ead'a m 6 0.52 112 629 FowSedmum 1 0.82 062 125 FooddBaera0e 2344 5.10 121 2438 RON 8.887 4.83 42.9 8.654 Olke 1,731 16e 0.4 1,284 Cwm6udyholly Will!0.91 152 3,072 Bu6dlog 28 510 bolow Sao below 21.10 x151 121 2207 0 2268 0 51151 Maio)Oft t 0"M 17 0.32 SH 1,091 Two Bedroom 4 0.42 1.88 339 Three Sedoan 3 0.52 IN 314 RqaO 3,701 4.83 149 3,604 flooding 2C soe below Seebelow 17.10 x459 051 0 0 xsil 0 11150 Stullo/Onelle000m 10 0.32 3.2 645 TwoBsdoam a 0.42 3.78 762 7woSsdo001? 3 0.62 1.58 314 Re1n4 1,181 483 6.6 1,737 SumingJABC 14,912 Sao below T1A 14401 0 0 0 14401 0 f4401 Food 6 sevenge 11,184 5.16 57.7 1x634 Sdarsowma 3,729 3.68 13.7 2767 BuIldhg3DE 7,500 SN below 37.3 7,511 0 0 0 7,511 11510 Foods Beverage 1148 516 162 3,273 Rela1 4.380 4.83 21.1 4,115 Su/kbgQ Soo below Soo beloww 17.77 3,401 0 0 0 4101 0 x401 Two Badrucm 5 042 21 423 Tree Seamm 4 0.52 2.08 419 FooddSovwp 2,517 516 110 21616 BuAdng7•Saobelow Su below 8.97 1,109 1600 0 0 205 0 INS Tee Bedoom 2 042 0.84 169 71res Bedroom 5 051 2.8 524 FwrSedvan 1 0.62 162 125 FseddB•verage 785 516 4.1 817 SkaSeNkes 899 0.98 0.9 174 Bundiap 1 du below Sao below silo 12,047 1101 0 0 10,158 0 IZO47 Studio/one Bedruem i1 Dal 4.18 643 TwuSodrown 21 0.76 - 1596 32is Fooddeeverepa 3.045 5.16 157 1168 Ckoc 4,907 3.68 181 3,700 SdwSaekes 4785 0.96 56 020 Credit-Exeling Admin.Slop 41,901 3.61 50.6 40,203 0 0 0 10,205 0 .10,205 Credit-ExeangModica)3,100 161 131 1646 0 0 0 2015 0 4645 d z9uetlbg13A° See below Soobelow 11807- I3,311 0 0 2x319 0 0 7x3e1 Studb/Oro B9doan 125 038 474 9,576 TwoBedoom 32 0.76 24.32 4,903 Food8Bavaop 8565 5.18 44.2 4910 BuOding IAS Sn below See bebw 2L41 4,531 0 0 4531 0 0 41531 Shaoo/One Bedroom 1 0.32 0.32 65 Twospomm 2 0.42 0.04 169 Rvoo0aevam 1 0.52 1.04 210 RetWl 1,196 4.83 20.3 4,018 BuOdingS Soebebw See below 51.70 f,834 2316 0 2.788 5.501 0 11,831 sido/OroBeboom 5 0.32 1.6 323 Twofiedmom 42 0.12 17.64 3,556 IN"Sad'own 10 0.52 52 1,048 Rwal 6.433 4.83 31.1 6264 SklarSawkesILodm) 1745 0.96 2.6 531 Resbcoms 577 0.96 0.6 112 I IIIII IIIII111111 NINI III illll II III III IIIII III IIN 02/02/2605 4 03:04 JANICE K VOS CAUDILL RITKIN COUNTY CO R 61.00 D 0.00 Base Village/Fanny HIII/Sinclair Meadows Employee Housing Mitigation Requirements and Measures- October 10,2004 Bugafng 9AB 1,478 See below 7.1 1,439 0 0 0 1,479 0 - 6419 Rawl 1,478 4.63 7.1 1,439 BuOdtng 9C 1,034 SN below i0 11001 0 0 0 1,001 0 1,007 Raw 11034 4.83 510 1,007 do Center 5M 4 877 0 0 0 617 0 017 P 0 1,6 3ki >"Bupdbtp lJe he blow & 0.38 10.08 9,197 6661 0 1,838 0 6191 ShaPo/WwBedoom 43 0.38 16.31 1294 7uoBedoam 23 0.78 17.48 1624 71vue86600m 8 f.f4 6.84 1,319 Bu001ng11 See below swbww 2110 4274 0 0 0 402 3,872 4,274 SWOICmBemoan 9 0.32 2.88 581 Two 111010011 30 0.42 12.8 2,540 8e 11 6Va10YPk6 %..Y:'+.rpC7. %± f9$ e.1 .c . 'fAN.c".`•x' 't.. , @ 1.q 1 'Y" k_'23:1 Bonding lQAB See below S"below 38.20 7,701 5240 0 0 0 '•. 2,481 7,701 S61d0/00091doan 29 0.32 9.28 1,871 In Bodkoff? 28 042 11.76 2,371 r ituae , 0. a•yyy'yY. 0, 17 p{y,p J py Alow0 S10BuKdblp12Seebelow $a below 10.51 3,170,t 0 d 0 0 ;370 3,330 SNalb/One Beddom 15 0.32 4.8 968 Teo Bemoan 18 0.42 456 1,524 om 41 Arrival and properly manegmentadka In BuIldMg 7am lnduded M Me COMO generation Mae sour net Kitedas l apatitelaw. Fusee cbet specsInBu9dfng 9 Is net IncludedIn the cakuMtiae. CoMerono facllUa In Building ISA am Included In the hole)generation eta soand not Meted as elepmte Km. IIIIII HIII IIIIII IIIIII III IIIIII II III III IIIIII111IIII Page: 122049067 0 03:04 JANICE K VOS CAUDILL PITKIN COUNTY CO R 61.00 0 0.es i SECTION 4 PLANS AND DIAGRAMS 4.1 Base Village PUD Final Plat recorded February 2,2006, in Book 77, Page 30, at Reception No. 520483 of the pitkin county, Colorado Records. Please see the plat on the following pages. No: tuber 2006 Atb4cation for MinorAmendment to PUD,Base Village 12 00205887.DOC) BASE VILLAGE P. U. D. Q7- 7 P 0 x- 4J FINAL PLAT A REPEAT OF A PORTION OF THE BASE VILLAGE SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1S AT PAGE 27, f•M, BEING A PART OF GOVERNMEOV SECTION ' A PART OF N OF SNOWMA S VILLAGE, CO NTY OF STATE OFSOUTH- 86 WEST OF THE 8TH PM COLORADO ar_"°` a,.°,[` P¢. y°i"• u. n. 0 n. a« ym:" R°°awuw. r—_. ul j« — w..¢ ¢ nvc., wnnni, rm.«.,. nu ni¢ fm e.o+ ew VIIiNY ifui¢ 6eY tl i..[ni v" R mH. Dwtl XR YCll, f- CFA i m• w xr wy. M,[ ry•,urr%", Rio., n,4 niu vl f',•`• n W,v, avm ana, umbv. v rw[ w,¢ wwsw vp0ue m+. . nare n«'".,' iu'''[.'¢' w°',.>. ew¢. a q ., m.:•.' / ' R/ u-g Ky".° wr..°. x rrn N.e v. n,c. mv« nu na.•. a y_«y['.¢° n"° n"vivµ ww wm ew m r",• wuu Q[„ g" q(r' w - T M[ e u yn ur.[ mn °'' jQ¢. n,® Y un, e ce'q 4M n>r.R l' ..- f'.. r. gym.a-.- rar oT•, ra _ Al All nmm we. oa:. e.,: io,.> v4nar v.«¢....¢ 69Fo S: uN. :_ i`ni_ a srtenu^ anax TETRA TECH PMC I'c. i BASE VILLAGE P. 1 ' Y BEING ACCO A REP OF FINAL PLAT U. p" I.{ 7 A PART OF GOVERN TMEP0f7i' N0 TOT 49 PLAT A PARTIO RECORDED M SOIVISION F.JJ TO THE PLAT THEREpF AS THE RASE VILLAGE SU N OF SNOWMASS OF SECTION I, PLAT BOOK t5 AT PAGE 27, rl6ssa• VILLAGE. COUNTY OF % 10 SOUTH, RAN oseuvi'> ac N• STqSTATE OF CILpggpO WEST OF THE 8TH SK••- L*6- Inx• x e9ss' a' a "" W, SRU, 1>t w x GlF RO R>u'a• ROIy ti f phi JT[ w, w,p,"" P Mw PnRCP1 E w N ega' ° ryW"• GRRIAOEWnY ROW G . I. c. iaa xa E PARCPIP673 ACAFS wy Nom\ W.n+ tl'G 2 I[ IV b: YY onra.• xave' eei [ E ORO . LOT., R e . w• qW w y ic` iiwv. " evM•[• Jx61 nCRF5 LOT9JMACREJ L' E x"> NOa' w 4AT 1 r +•' C• /• t 0911 ACRES bye StR6ACRES A +% Y`l// 7 w \ Cl r xn le'a' w O r y e61. E. LOT] i"' °..' .. u._ " i7• XuNr y 116 OT6 FN ({ 2eP `• 9',P w 9= nC' RPS X 1. M2 ACRES x Brea irw V a` xYI] IYe' w uw w IM.} r, c WOOD ROAD ROW t LOT] CXE eta xnryer P afa USA", W a O P lii.. " 1 ` • 11•V tl} X at.• n, w yo L. 3 45'I T w b!> 1SeUi l iY J AR.. u:t•_ M"l" M . pT' S 11 e, ux:. 1R e1e90' 1]1 wVJI^ JY ll•61 waw. fhaa ' ifia' 90a N L.> y j 4°. 6 a... M," b ax O" rte IR• J TETRA TECH Inc 0 IA• nX'x R6] g iiYf BASE VILLAGE P. U. D. FINAL PLAT A REPLAT OF A PORTION OF THE BASE VILLAGE SUBDIVISION I qI E90 E ^,•, 1 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 AT PAGE 27, 4' ••^• •• BEING A PART OF GOVERNMENT TRACT 45 AND A PART OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 8TH PM TOWN OF SNOWMASS VILLAGE. COUNTY OF PITKIN, STATE OF COLORADO rerw• x mlrw'[ BRUSH i( T a. 59ao' aSTaL xaf ADROWX F o- leaos we. vr. TZr2 ru. ins.. x ems s iix N 1212w•[ PARCELE a dvi. M• vaa avw . _ 195 ACRES v „. ae^. eicgG i 1_ _`` ia. C RIAG£ WAYROW i x• eem' oo- r r' i x x. 6595 0°`.} VDDD svP[ ixov In¢ ele v-aI 1 ae- xl6vaooY k ROADROR, .. I- SNE S EETk f. a S: IEE- I C1 5 506/, ORBS ss4< i._ m,.• x5oe' or- 2_ oi.ee i.' F'.: i::: i' 218IDCRCf qL r See Sheet B, 1 rnwi`"• LO°'° tT e• yT\ e`' See sheet a TETRA TECH RM41nc AU. BASE VILLAGE P. U. D. A REPLAT OF AP FINAL PLAT Q* s ACCORDING TO ORTION OF THE BASE VILLAGE SUBDIVISION 7 Y 3j BEING A PART OF GOVERNMENT TRACT 45 AND A PART OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 66 WEST OF THE 6TH pM E PLAT THEREOF AS RECORDED IN PLAT BOOK 15 AT PAGE 27, mDl i49 M= TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO. wu• y Irtne BAUBNCREE' r] JiY V' m.{nu^'° nn nwe.} II.} xm n x 11Y" bb Igxi1 jL ACRES n95] n. b." sa y SP' s LM xoN- RO W IbRO ela+ Sa ACRES rl 6[ I p¢ SHE. S. yT kllEET let I+ toe. Y•Ye vM I Y W w TECH RP7S 1},[ . se[ se.. ls . tT-' e aura RS[}. we BASE VILLAGE P. U. D. e' - 77 P3 FINAL PLAT IRS pmDps1YMM+ zd° a A REPLAT OF A PORTION OF THE BASE VILLAGE SUBDIVISION im l flFICAIIYIIxj:. y' ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1S AT PAGE 2T. BEING A PART OF GOVERNMTENT TRACT 45 AND A PART OF SNOWMASS VIL. LAGE. 00OUNTYIOOF\ PITKNN STATE OF COLORADO Be WEST OF THE 8TH PM Sneel a — L See STeet 4 LOC9 LOTS I MIS A@E9 F 3 11911 A(: / C It K ns ate' - Ad r aR abn ACRes si I YJi cRRS spi ; d,'"•,." I. 1 t.... .. . 117 WOOD ROAD 0.0W vv ae- srv° oaz- r uzzr H;- SN - k iT J TETRA rECrl rrceiDL d;''",` m" sHCer• r BASE VILLAGE P. U. D. 3w P3 ` FINAL PLAT A REPLAT OF A PORTION OF THE BASE VILLAGE SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 AT PAGE 27. BEING A PART OF GOVERNMENT TRACT 45 AND A PART OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE 8TH PM TOWN OF SNOWMASS VILLAGE. COUNTY OF PITKIN, STATE OF COLORADO Sheet 3 -, F! IT, E- OL ty/ e... x.3 gs` M• c,, I/ "'"('!: A/ o' a ._ r '' Y` it woe• os i jo.o3' .%. -- a ` I: sSs_ si3: y ' l xnm' oY i //.'. "' ' a tr9r...... r.: 5a06 Acm n' 1 db. a, i pe`...+ M nyr.. N,0 0t5 2. w 4s b " n. l w coal p}.Y_-:' iAL—' 6'i pOiV mJ- i> W' SYY w.[.. a nw. mv6': a. j.1 , yP' O' IYl3' i3 SSW' Ya- M LXECi IxGEC! 01¢C( a>- el sHE s1EE+ n 1N y^fJ TETRA TECH RMC Inc SHEET. _. rri i w.... Lw .. esE V3i.¢> ua APPENDICES APPENDIX A LEGAL DESCRIPTION APPENDIX B DISCLOSURE OF OWNERSHIP APPENDIX C CONSENTS OF OWNERS APPENDIX D CONSTRUCTION MANAGEMENT PLAN APPENDIX E TABLE SHOWING CHANGES IN PHASING AND EMPLOYEE HOUSING APPENDIX F APPROVAL OF HOUSING MANAGER FOR TOWN HOUSING DEPARTMENT TO CHANGES IN EMPLOYEE HOUSING RELATING TO CHANGES IN PHASING APPENDIX G COMBUSTIBLE MATERIAL REPORT DATED DECEMBER 6,2005 WITH ENDORSEMENT BY JOHN T.MELE,FIRE MARSHALL,WILDCAT FIRE PROTECTION DISTRICT,DATED NOVEMBER 5,2006 APPENDIX H VICINITY MAP APPENDIX I APPLICATION FORM AND EVIDENCE OF PAYMENT OF FEES November2006 Aftlication forMinorAmendment to P[M-Bare Village 13 00205887.00C) APPENDIX A LEGAL DESCRIPTION LOT 8 AND LOT 9,BASE VILLAGE PUD,SNOWMASS VILLAGE,COLORADO,AS SHOWN ON THE BASE VILLAGE PUD FINAL PLAT RECORDED FEBRUARY 2,2006,IN BOOK 77, PAGE 30,AT RECEPTION NO. 520483 OF THE PITKIN COUNTY,COLORADO RECORDS. November 2006 Aptdcation forMinorAmendment to PUD:Bare Villa ee 14 00205887.DOC} 1 APPENDIX B DISCLOSURE OF OWNERSHIP November 2006 Abhkeation forMinorAmendment to PUD:Bale ViQagg 15 00205887.DOC} TITLE COMPANY OF THE ROCKIES, INC. 220 East Cody Lane Basalt.CO 81621 Phone:(970)927-9299 Fan:(970)927-8288 www.tidecorockies.com Commitment Ordered By:Inquiries should be directed to: Tracey Roberts Kelli Burbach Jacobs Chase Frick Kleinkopf&Kelley LLC The Title Company of the Rockies-Basalt 1050 17th Street Ste.1500 220 Fast Cody Lane Denver,CO 80265 Basalt,CO 81621 Phone:303-8924446 Fax:303-6854869 Phone:(970)927-9299 Fax:(970)927-8288 Commitment Number:0701986-C4 Buyer's Name(s): Base Village Phase 2A Development Company,LLC,a Delaware limited liability company Seller's Name(s): Brush Creek Land Company LLC,a Colorado limited liability company and Snowmass Clinic Associates,a Colorado general partnership Property: Lot 8-9,Base Village Subdivision,Pitkin County,Colorado TITLE CHARGES These charges am based on issuance ofthe policy or policies described in the attached Commitment forTitle insurance,and includes premium; for the proposed coverage amount(s)and andorsemmt(s)mitred to atamin,and may also include additional work and/or third party charges related thamm. Ifapplicable,the designation of"Buyer"and"Seller"shown below may be bued on traditional settlement pmetices in Pitkia County,Colorado, mM/or"train terms ofany contract,or other information provided with the Application forTitle Insurance. Owner's Policy Premium:14,675.00 Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TED Charge(s): TOTAL CHARGES: 514,675.00 I s...ra eo,.aa erm.ate,.al:rrcr..ew ed.oryd..w,a.mesaadst,..ace.mnN.radca..e,:rd..Mitadxnw('uumtl i tamra..r.:.tw.xr...c,..r,a re a..d.usc ourM r<pc ay/c".err.,rnvma Traear.>•<rw.r,awrnst.aeamwerowwA.aW COMMITMENT for TITLE INSURANCE issued by TITLE COMPANY OF THE ROCKIES, INC. L`(Illitt as agent for CHHC (X)TITLE INSURANCE COMPANY Reference: Commitment Number: 0701986-C4 Prepared for: Inquiries should be directed to: Tracey Roberts Kelli Burbach I Jacobs Chase Frick Kleinkopf&Kelley LLC The Title Company of the Rockies-Basalt 1050 17th Street Ste.1500 220 East Cody lane Denver,CO 80265 Basalt,CO 81621 j SCHEDULE A 1. Effective Date: October l8,2006,7:00 am Issue Date: November 06,2006 i 2. Policy(or Policies)to be issued: ALTA Owner's Policy(10/17/92) Policy Amount: $21,838,754.00 Proposed Insured:Base Village Phase 2A Development Company,LLC,a Delaware limited liability company 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple and title thereto is at the effective date hereof vested in: Brush Creek Land Company LLC,a Colorado limited liability company and Snowmass Clinic Associates,a Colorado general partnership,as their interests may appear 4. The land referred to inthis Commitment is located in the County of Pitldn,State of Colorado,and is described as follows: Lots 8 and 9, BASE VILLAGE P.U.D.,according to the Plat thereof filed February 2,2006 in Plat Book 77 at Page 30. i Alta Co ie neni-Schedule A Page I of i Commitment No.0701986-C4 Schedule B-I Requiremcnis CommrFMENT FOR TITLE iNsuRANCE 1 SCHEDULE B-SECTION I REQmREMENTs THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item(a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item(b) Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record,to wit: 1. Deed from Brush Creek Land Company LLC,a Colorado limited liability company and Snowmass Clinic Associates,a Colorado general partnership to Base Village Phase 2A Development Company, 1 LLC,a Delaware limited liability company. NOTE: Duly executed real property transfer declaration,executed by either the Grantor or Grantee,to accompany the Deed mentioned above,pursuant to Article 14 ofHouse Bill No.1288-CRA 39-14-102. 2. Evidence satisfactory to the Company or its duly authorized agent either(a)that the"real estate transfer tax"imposed by Ordinance No.5,(Series of 1986),ofthe Town ofSnowmass Village, Colorado,recorded July 30, 1986,in Book 515 at Page 515,has been paid,and that the lien imposed by Section l I thereofhas been fully satisfied,or(b)that a Certificate ofExemption has been issued pursuant to Section 6 thereof. 3. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date ofclosing. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS M THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY,COLORADO FOR JUDGMENT LIENS,TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE:THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS,CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT,ALL IN ACCORDANCE WITH THE RULES AND I SCHEDULES OF RATES ON FILE WITHTHE COLORADO DEPARTMENT OF j INSURANCE. AQa Commftment-Schedule 8-1 RequinAe fj page 2 o/6 Commitment No.0701986-C4 Schedule B-11 Exceptions COMMITbrENT FOR TrrLE INSURANCE SCHEDULE B-SECEEON II ExcEmons Schedule B ofthe policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction ofthe Company. Any loss or damage,including attorney fees,by reason ofthe matters shown below: 1. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making,inquiry ofpersons in possession thereof. 2. Easements or claims ofeasements,not shown by the public records. 3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any other facts which a correct survey would disclose and which are not shown by the public records. 4. Any lion,or right to a lien for services,labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects,liens,encumbrances,adverse claims or other matters,if any created,first appearing in the public records or attaching subsequent to the effective date hereof,but prior to the date ofthe proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment 6. Taxes due and payable;and any tax,special assessments,charge or lien imposed for water or sewer service,or for any other special taxing district 7. Right ofthe Proprietor of a Vein or Lode to extract and remove his ore therefrom,should the same be found to penetrate or intersect the premises hereby granted,as reserved in United States Patent recorded January 30,1917,in Book 55 at Page 545. 8. Right ofway for ditches or canals constructed by the authority of the United States,as reserved in United States Patent recorded January 30,1917,in Book 55 at Page 545. 9. intentionally Omitted. 10. Intentionally Omitted. 11. Easement Agreement between Snowmass American Corporation,a Delaware corporation and Snowmass Water and Sanitation District,a Colorado quasi-municipal corporation recorded April 22, 1971,in Book 254 at Page 831,at Reception No.145266,the specific location of which is not j defined. f 12. Easement Agreement between Snowmass American Corporation,a Delaware corporation and Snowmass Water and Sanitation District,a Colorado quasi-municipal corporation recorded April 22, 1971,in Book 254 at Page 837,at Reception No.147716,the specific location of which is not defined. 13. Agreement between Snowmass American Corporation,a Delaware corporation and The Snowmass Water and Sanitation District,a quasi-municipal corporation recorded September 28, 1971,in Book 258 at Page 164. Alta Commitment-Schedule 8-11 P.xceptions Page 3 of6 Commitment No.0701986-C4 Schedule B-11 Exceptions(continued) 14. Easement and right of way for access,driveway and parking purposes,as granted in(Snowmass Clinic)Deed by Snowmass American Corporation,a Delaware corporation to Aspen Clinic-at- Snowmass Incorporated,a Colorado corporation by instrument recorded October 12, 1971,in Book 258 at Page 514 record at Reception No. 147941. 15. All oil,gas and other minerals,easements and rights of way as reserved by Snowmass American Corporation,a Delaware corporation in the(Snowmass Clinic)Deed to Aspen Clinic-at-Snowmass Incorporated,a Colorado corporation by instrument recorded October 12, 1971 in Book 258 at Page 514 recorded at Reception No.147941. 16. Restrictions,as contained in(Snowmass Clinic)Deed recorded October 12, 1971,in Book 258 at Page 514 recorded at Reception No. 147941. 17. Easement Agreement between the Snowmass Water and Sanitation District and Snowmass Corporation recorded March 14,1978,in Book 344 at Page 701 recorded at Reception No.202453. 18. Easement and right ofway for the purpose ofinstallation,maintenance,operation,repair,alteration and replacement of underground pipelines,underground pumping equipment and other incidental underground facilities used for or in connection with its water and sewer utility systems,as granted by Snowmass American Corporation,a Delaware corporation to Snowmass Water and Sanitation District;a Colorado quasi-municipal corporation by instrument recorded recorded May 22,1972,in Book 263 at Page 766 recorded at Reception No.151726. 19. Easement and right ofway for skiing purposes,as granted by Easement Grant Snowmass American Corporation,a Delaware corporation to Snowmass Skiing Corporation,a Colorado corporation by instrument recorded November 24, 1972,in Book 289 at Page 162 recorded at ReceptionNo. 155519,as amended by Revision to Easement Grant recorded September 20, 1978,in Book 355 at Page 142 recorded at Reception No.207530,and as further amended by Exchange of Easements recorded March 28, 1985,in Book 483 at Page 586;Exchange of Easements recorded on March 29, 1985,in Book 483 at Page 637 at Reception No.267049 and Amendment to Easement Agreement recorded on and March 29,1985,in Book 483 at Page 642,at Reception No.267050. 20. Easement and right ofway for skiing and skiing related facilities and appurtenances,as granted by Snowmass American Corporation,a Delaware corporation to Snowmass Skiing Corporation,a Colorado corporation by Easement Grant Woodrun Triple Chairlift and Base Area)recorded April 16,1973,in Book 274 at Page 683 at Reception No. 158912. 21. Right of Way Easement Agreement(Snowmass Water and Sanitation District)between the Mountain States Telephone and Telegraph Company and Snowmass Corporation recorded April 25, 1978,in Book 346 at Page 745 at Reception No.203474. 22. Easement and right of way to construct,reconstruct,repair,change,enlarge,re-phase,operate and maintain an underground electric transmission or distribution line,or both,as granted by The Federal Deposit Insurance Corporation to Holy Cross Electric Association,Inc.by Underground Right-of- Way Easementrecorded May 29,1987 in Book 537 at Page 857 at Reception No.289486,and Holy Cross Electric Association,Inc.Underground Right-of-Way Easement recorded May 29, 1987 in Book 537 at Page 860 at Reception No.289487. 23. Public lands Dedication Agreement by and between the Town of Snowmass Village,a Colorado municipal corporation,and The Federal Deposit Insurance Corporation recorded July 1, 1988,in Book 567 at Page 862 at5 Reception No.301692. 24. Trench,Conduit and Vault Agreement between Aspen Skiing Company and Holy Cross Electric Alta Commitment-Schedule B-11 Ewepttons (connmued) Page 4 of i Commitment No.0701986-C4 Schedule B-II Exceptions(continued) Association,Inc.recorded May 27, 1998,at Reception No.417301.i 25. Easement Grant by Snowmass Land Company,an Illinois general partnership to Aspen Skiing Company,a Colorado general partnership recorded December 29, 1999,at Reception No.439037. 26. Terms,agreements,provisions,conditions and obligations as contained in Town ofSnowmass Village Town Council Ordinance No.21 Series of 2004 recorded February 2,2006,at Reception No. 520481. 27. Easements,rights of way and all other matters as shown on the Plat of Base Village P.U.D.,filed February 2,2006 in Plat Book 77 at Page 30,at Reception No,520403. 28. Roadway License Agreement recorded February 2,2006,at Reception No.520484. 29. Subdivision Improvements Agreement for TheBase Village Planned Unit Development recorded February 2,2006,at Reception No. 520485. j 30. Declaration ofTrail Easement recorded February 2,2006,at Reception No.520487. 31. Declaration ofDrainage Easement recorded February 2,2006,at Reception No.520488. 32. Easement Agreement recorded February 2,2006,at Reception No.520490. 33. Easement Agreement recorded February 2,2006,at Reception No.520491. 34. Declaration ofUtility Easements recorded February 2,2006,at Reception No.520492. 35. Construction Easement Agreement recorded February 2,2006,at Reception No.520493. 36. Base Village Restricted Housing Agreement recorded February 2,2006,at Reception No. 520494. 37. Base Village Development Agreement recorded February 2,2006,at Reception No.520495. 38. Base Village Funding Agreement recorded February 2,2006,at Reception No.520496. 39. Base Village Services Agreement recorded February 2,2006,at Reception No.520497. 40. Temporary Construction and Access Easement Agreement recorded June 21,2006,at Reception No. 525526. 41. Snowmass Village Record of Decision recorded August 31,2006,at Reception No.528065. t it i Alga Commitment-Schedule B-11 Eecepilonr (continued) Page 5 of Commitment No.0701986-C4 Disclosure Statements i DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that Every title entity shall be responsible for all matters which appear ofrecord prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."(Gap Protection) Note 2: Exception No.4 of Schedule B,Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A.The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B.No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the land described in Schedule A ofthis Commitment within the past 13 months. C.The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D.Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary,or,at its option,the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to§10-11-122,C.R.S.: i) The subject real property may be located in it special taxing district; ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent;and iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners,the County Clerk and Recorder,or the County Assessor. Note 4: If the sales price of the subject property exceeds$100,000.00, the seller shall be required to comply with the disclosure or withholding provisions ofC.R.S. §39-22-604.5(Non-resident withholding). Note 5: Pursuant to C.R.S.§10-11-123 Notice is hereby given: a) Ifthere is recorded evidence that a mineral estate has been severed,leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil,gas,other minerals,or geothermal energy in the property,and b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. I Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recordoes office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy:We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer,or are required by law. AffaCammfrmenr- Diseforurw Page 6 of6 APPENDIX C CONSENTS OF OWNERS November 2006 A,ptkotionforMinorAmendment to PUL Bare Village 16 OOZOSSSZDOC) intrawest placemaking 11 1050 17th Street,Suite 1000 Denver,CO 80265 USA T 303 623 3392 F 303 893 1987 DATE November 27,2006 ADDRESS Town of Snowmass Village P.O. Box 5010 Snowmass,CO 81615 RE Letter of Consent for PUD Amendment Application Town of Snowmass Village, Brush Creek Development Company,LLC consents to the PUD Amendment being submitted by IBC to modify the budding phasing schedule,reconcile the restricted housing commitments and to modify the combustible materials language in the PUD. Sincerely, Dave Bellack Senior Vice President/General Counsel Brush Creek Development Company,LLC C I L C. Doug Beall Development Mana r Intrawest Placem g We createplaces where amazing experiences happen intrawest placemaking 1050 17th Street,Suite 1000 Denver,CO 80265 USA T 303 623 3392 F 303 893 1487 DATE November 30,2006 ADDRESS Town of Snowmass Village P.O.Box 5010 Snowmass, CO 81615 RE Letter of Consent for PUD Amendment Application Town of Snowmass Village, Snowmass Clinic Associates,LLC clinic consents to the PUD Amendment being submitted by Intrawest Brush Creek Development LLC to modify the building phasing schedule,reconcile the restricted housing commitments and to modify the combustible materials language in the PUD for Base Village. The letter does not amend any of the currently existing agreements between Intrawest Brush Creek Development LLC and Snowmass Clinic Associates LLC. This consent to this PUD Amendment will have no adverse affect on the Snowmass Base Village clinic operations or delivery schedule,as set forth in the currently existing agreements between Intrawest Brush Creek Development LLC and Snowmass Clinic Associates LLC,as those agreements are amended from time to time. Sincerely, George Trantow Executive Director Snowmass Clinic Associates LLC Doug Be— Development Manage Intrawest Placem g 00206770.DOC} We create places where amazing experiences happen i APPENDIX D CONSTRUCTION MANAGEMENT PLAN November 2006 Abdication forMinorAmendment to PUD•Base Village 17 00205887.DOC} CONSTRUCTION MANAGEMENT & PHASING PLAN SNOWMASS BASE VILLAGE & FANNY HILL CABINS October 12, 2004 (REV 1 Nov 2005) GENERAL PROJECT CONSTRUCTION: 1) Construction Hours The proposed schedule promotes the health,safety,and welfare of the community by decreasing the duration of construction and limiting the exposure of undesirable construction elements. a) Standard Hours for exterior activities i. Monday through Saturday ii. 7:00am to 6:00pm or as otherwise approved by the Town of Snowmass Village b) Activities occurring inside buildings that are not disruptive to the general public i. 7 days a week ii. Unlimited hours To achieve the proposed schedule in this plan and in order to facilitate the execution of certain portions of the construction, variations from the standard hours of operation should be considered. A minimum thirty six-hour prior notification to the TOSV Community Development Department will be required for any construction activities beyond the Standard Hours of construction. The following construction methods and materials will require variation of construction hours to achieve an acceptable level of quality and efficiency. 1. Cast in place concrete construction. 2. Exterior work that does not violate the Town noise ordinances. 3. Steel erection and delivery 4. Roadway grading and asphalt work c) Prior to commencement of construction,the owner shall designate a responsible party to provide direct communication with the appropriate Town of Snowmass Village personnel and provide responses to complaints. d) The contractor shall be responsible for providing public notification of general construction activities and schedules. Public forums will be held to inform the public on construction issues and information sources. An Email and Facsimile construction notice list will be developed and regularly scheduled construction updates will be distributed. i.The Town of Snowmass Village Police Department will be notified of major material deliveries and concrete pours. Regularly scheduled construction updates will be distributed to the Police Department. e) If construction of the project is interrupted,Applicant will work with the Planning Department to establish interim landscaping plans for the affected areas INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 l CONSTRUCTION MANAGEMENT&PHASING PLAN 2) Construction Traffic Management on Town Roads a) Brush Creek Road i. Traffic flow to be reduced by shuttling employees to the construction site from external parking areas.The primary parking area will be the Intercept lot at Brush Creek Road and SH 82. ii. Existing pullouts to be used along Brush Creek road by trucks that are not able to maintain reasonable speed up the road. This will allow for vehicles backing up behind the trucks to pass at these locations. Specifically designated non bus stop areas may also be used for temporary truck stacking during large material deliveries at times when limited staging on site is available. iii. Peak skier traffic times of 8 AM to 10 AM and 3:00 PM to 5:00 PM to be avoided for major material deliveries during the ski season. iv. The contractor will maintain all pull-offs as necessary.All designated pull-offs will be coordinated with the Town in accordance with the written decisions of Administrative Modifications.The appropriate County personnel shall approve pull-offs in Pitkin County. v. Lighted roadway information signs will be maintained at key entrances to the village. These signs will alert motorist of detours and construction activities that could affect travel. vi. A Traffic Control Coordinator will be designated for the project. The Traffic Control Coordinator will develop a written delivery plan, manage all deliveries to the site,develop and enforce a policy that all deliveries must be coordinated through the Traffic Control Coordinator, limit deliveries during peak skier traffic times,conduct a traffic control meeting at the end of each shift identifying deliveries and traffic control issues for the next day, personally dispatch all delivery vehicles to the site from the designated staging area,be in continuous radio contact with the site,and continuous radio contact with the site concrete superintendent who will be in direct telephone contact with the batch plant. b) Wood Road and Lower Carriage Way i. No staging of trucks or other construction vehicles is allowed along these roadways. Accommodations will be made within staging areas for vehicles except for work required within the Right of Way. ii. If parking is not available in the staging areas for construction vehicles,they will be directed to other off site vehicle parking areas provided by the Contractor. 3) Public Access Closure Notification a) Public Trails i. Public notice shall be provided a minimum of t week in advance of all public trail closures. ii. Signs shall be placed for trail closures in advance of the closed sections so alternate routes can be used iii. A functional,well-defined ski back trail through or around the Base Village shall be preserved and operational during the ski season. Alternate routing of affected trails during non-ski season timeframes will be provided and coordinated with the Public Works Director or his designee. INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 2 CONSTRUCTION MANAGEMENT&PHASING PLAN b) Public Roads i. All road closures shall be coordinated with the Chief Building Official. ii. Public notice will be required a minimum of 1 week prior to all roadway closures iii. Single lane closures will be used as much as possible instead of closing entire road sections iv. All closures shall follow Manual of Uniform Traffic Control Devices. v. Full closure of Lower Carriage Way will be required during the installation ofutilities within the road. This closure will be performed only in"shoulder seasons"and will be coordinated with the Town Public Works Department. 4) Construction Fencing a) Site fencing i. 8' fencing with screened mesh ii. 20' planting buffer along roads when practical and where space allows.The applicant shall submit a construction landscape plan for these areas to be approved by TOSVV staff. iii. Permanently installed on posts,except some areas that require movable fencing for construction activities iv. Maintained by the contractor to remain in tact and neat to outside appearance 5) Construction Waste Management a) Reduction and reuse of waste material on the site through a specific site waste management and separation program. b) Recycling of all applicable products. c) All food waste must be disposed in specified receptacles to prevent access by bears and other wildlife.The construction site will be maintained and kept clean of trash and debris by the contractor. 6) Minimization of Construction Impacts on Wetlands Specific measures shall be employed during site construction in and around wetlands and the Brush Creek Riparian zone. These measures are intended to provide additional protective measures beyond a standard Erosion and Sediment Control plan to the natural resources onsite and of Brush Creek. The Brush Creek Enhancement Plan(BCEP)shall be used for further detail on this issue. a) All construction shall comply with the Army Corps of Engineers 404 permits for the project area. b) All wetlands and existing sensitive riparian zones that are to be preserved shall be clearly identified and approved by the environmental consultant prior to the initiation of any site disturbance activities. c) All wetland areas to be preserved shall be protected with 2 lines of silt fencing as described in the BCEP, and shall be maintained by the Contractor throughout the construction period. d) No machinery, equipment or other construction materials shall be allowed within the delineated wetland areas designated to be preserved. INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 3 CONSTRUCTION MANAGEMENT&PHASING PLAN e) Wetland areas to be preserved shall be inspected on a weekly basis, or after significant storm events to insure that all protection devices are operational. Any devices that are deficient shall be replaced or repaired. f) No cleaning of equipment, tolls, machinery, concrete trucks, vehicles, etc shall be conducted where runoff may enter erosion control measures or protected wetland areas. g) All protection devices shall remain in place until all adjacent uphill areas of the construction site have been revegetated or completed. Revegetation is considered re-established once 70% of overall ground coverage is achieved. These devices shall not be removed until approved by the environmental consultant. h) In the event of an accidental placement of fill material within the wetland areas, the Contractor shall immediately cease operations in or adjacent to the affected wetland area and notify the wetland consultant. 7) Limits of Disturbance a) All trees and other native areas to be protected shall be delineated with fencing to prevent damage b) Tree preservation areas and the surrounding tree crown line area must be left intact. c) All tree and native vegetation areas to be preserved shall be fenced off and approved by the landscape architect prior to the commencement of any site disturbance. d) The contractor will repair all disturbed areas. 8) Storm Water Management and Erosion Control a) The Contractor shall follow the Storm water Management Plan and Erosion Control plans for control of water quality and erosion from the site disturbance during the construction period. b) A Storm water discharge permit is required by the State of Colorado and is required prior to the start of any construction. c) Detailed engineering plans for Final Erosion Control Plan and Storm water Management Plan shall be submitted for and approved by the Town Engineer prior to Building Permit approval. d) All silt fence, erosion control structures and water quality devices shall be installed and approved by the engineer prior to any site disturbance. The Contractor throughout the duration of the project shall maintain all of these devices implemented. e) All erosion control and water quality structures shall be inspected on a weekly basis, or after significant storm events to insure that all protection devices are operational. Any devices that are deficient shall be replaced or repaired by the Contractor. INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 4 CONSTRUCTION MANAGEMENT& PHASING PLAN f) An environmental consultant will review the site for hazardous materials at the beginning or the project construction. g) The offsite diversion drainage piping shall be constructed at the beginning of the construction phasing in order to intercept offsite runoff at upstream of the construction area in order to reduce contamination of this water from construction activities. h) Temporary settling ponds will be constructed with each phase of construction for control of water quality. Locations and design shall be detailed in final grading,drainage and erosion control plan. i) All hazardous and toxic materials must be disposed and/or treated as per the manufacturer's recommendations. j) All concrete trucks and concrete pumps are prohibited from disposing any excess concrete material or washout at the construction site unless a plan for such disposal is submitted to and approved by the Town via format Administrative Modification. The contractor is responsible for the proper disposal of any excess concrete material. k) All fueling of vehicles and machinery must be conducted in a designated area to prevent accidental leakage or spills.The fueling area shall be designed to contain spills and a typical plan shall be submitted for approval.The excavation contractor shall meet with the Public Works Department staff and Planning Department representative on site prior to commencement of construction of any of the buildings to: i. Clearly describe the spill containment plan for the construction sites and/or staging areas and resolve any concerns with respect thereto to the reasonable satisfaction of the Planning Director;and ii. Identify specific ways the contractor(s)will be responsive to street sweeping and erosion control to the reasonable satisfaction of the Planning Director. 9) Dewatering a) Details of dewatering pond locations and designs will be completed with final grading, drainage and erosion control plans. The Contractor shall implement all measures in accordance of these plans. b) Dewatering ponds i. As per Corps of Engineers standards c) Dewatering treated discharge i. As per Corps of Engineers standards 10) Fugitive Dust Control and Air Quality a) Tracking pads shall be used at all entrance location into the project staging areas. The tracking pad shall be constructed of rock to remove soil from vehicles exiting the project area. The INTRAWEST TETRA TECH,INC. Snawmms Village,PCO-INTR-015 5 CONSTRUCTION MANAGEMENT& PHASING PLAN Contractor shall construct and maintain throughout the duration ofthe project. Typical pad details shall be submitted to the Town for approval b) For circumstances where tracking pads are not effective,vehicle wash-off stations shall be provided at designated staging area exits. Soil and other debris shall be washed from the vehicles. Runoff shall be collected and treated in accordance with the Storm water Management Plan before being discharged from the site. c) Tracking of soil onto Town streets will be minimized by on-site mitigation measures. When tracking of soil occurs onto Town streets the Contractor shall sweep the roadways. d) A real time air monitoring station shall be installed near the construction site in order to monitor air quality throughout the construction period.A baseline analysis will be conducted prior to major construction and the data shall be used to provide immediate response if air quality standards are exceeded. e) All exposed soil areas where grading operations are continuing shall be watered as required to reduce fugitive dust. Disturbed soil areas shall be revegetated as soon as possible after grading operations are complete. f) Vehicle engine pre-heaters will be used to reduce warm up times of vehicles on site for the purpose of minimizing vehicle idling time. g) All vehicles and machinery must be in good working order and comply with all necessary environmental legislation. h) A primary water truck shall be designated on site for the purpose of dust control. INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 6 CONSTRUCTION MANAGEMENT &PHASING PLAN PROJECT PHASING: This schedule represents the most likely schedule of development for the Base Village and Fanny Hill Cabins projects. Intrawest reserves the right to modify this schedule at any time. 1) August 2004 through November 2004— Refer to map CM-1 Preliminary Utility Relocations This construction period consists of some preliminary relocation work of existing utilities in the area so that Phase IA construction can start in with immediate building excavation work in the next construction season. 1. Infrastructure A) Shallow Utility Service Relocations September—November II. No new buildings being constructed during this phase III. Construction Staging and Hording a) Temporary construction closures where required for utility relocation work b) Short term lane closures for utility work across existing roads. c) Staging area for construction in Lot A.This staging area will be removed in November. d) Fencing of holes left open to protect pedestrian travel adjacent to utility work. INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 7 CONSTRUCTION MANAGEMENT&PHASING PLAN 2) April 2005 through November 2005—Refer to map CM-2 Changes to Fanny Hill ski trail will take place including relocating existing utilities and re-grading the ski slope to match the new Base Village plaza,as well as installing the new Sam's Knob Express and Sky Cab" Gondola from Base Village Plaza level to the existing Snowmass Mall. The EOTC Interceptor Lot parking and turning lane work at the intersection of Hwy 82 and Brush Creek Road will be completed. I. Infrastructure A. Remove existing Fanny Hill Lift B. Water and Sewer line relocations C. Gas line relocation D. Demolition of VMF and Admin.Buildings E. Grading of Fanny Hill Ski Trail F. Grading of Sam's Knob Express base Station area. G. Fanny Hill Bathrooms and Warming Hut(by SkiCo) H. Install Sam's Knob Express I. Demolition of Wood Run Lift J. Grading of Ski Back Trail K. Excavate Garage Phase 1 L. Construct EOTC Parking Lot II. Buildings Phase Continuing Construction a)None at this time III. Buildings Phase Complete Construction a)None at this time IV. Construction Staging and Hording a) Construction fencing line to segregate ski operations at new Fanny Hill lift from public. i. b) Construction fencing line to enclose areas as delineated on plan c) All staging(construction materials,storage, construction staging,site offices,etc.)occurs within construction fencing limits. d) Ski Back trail will be closed for public safety between April to November for construction V. Parking INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 8 CONSTRUCTION MANAGEMENT& PHASING PLAN aa) Construction Parking i. Limited areas within staging limits for some trades, inspectors and visitors ii. Worker parking at off-site parking lots and shuttled in to site for work day b) Guest Parking i. No guest parking required during this stage ii. Existing parking lot C will be flattened out during summer to utilize for staging and to increase parking efficiency for guest parking in winter. INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 9 CONSTRUCTION MANAGEMENT&PHASING PLAN T 3) 3) November 2005 through April 2006— Refer to map CM-3 i. All of the grading for Fanny Hill ski run and the new Sam's Knob Express and Sky Cab Gondola will be completed for this winter ski season. Construction is shut down for the ski season . a) Guest Parking i. Guest Parking in Lot C(150 spaces)during ski season ii. iii. Ski out access to Assay Hill Lift iv. Pedestrian access to Sam's Knob Express from Lot C will be provided. v. Transit drop-off services will be available at Lot C and the Snowmass Mall during this time period. INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 10 CONSTRUCTION MANAGEMENT&PHASING PLAN 4) April 20O6 through November 2006—Refer to map CM-4 Phase la Buildings begin construction as well as construction of the new Wood Run Gondola and new Funnel Bridge. In addition, the relocation of Wood Road and the Lower Carriage Way utility construction and temporary asphalt road topping will be completed. Construction of the passing lane on Brush Creek Road in Pitkin County will be completed. I. Infrastructure A. B. Relocate Water Vault C. D. E. F. Construct new Gondola G. H. H. Relocate Assay Hill Lift 1. J. Water, sewer and storm line construction K. Gas line construction L. Wood Road Construction including bridge M. New Funnel Skier Bridge Construction N. Utility Farm installation O. Demolish Funnel Bridge(after Item M) P. Lower Carriage Way shut down and utility install III. Buildings Phase Starting Construction April 2006 Phase la Parking Garage 1 14 Units 2a 29 Units 2b 24 Units 2c 22 Units 3abc 0 Units 3de 0 Units b) Total 89 Units IV. Buildings Phase Continuing Construction iii. None at this time V. Buildings Phase Complete Construction i. None at this time INTRAWEST TETRA TECH,INC. Snowmass Village,PC0.4NTR-015 11 CONSTRUCTION MANAGEMENT& PHASING PLAN VI. Construction Staging and Hording iv. Construction fencing line to enclose areas as shown on plan. V. All staging(construction materials,storage,construction staging, site offices,etc.) occurs with construction fence limits. vi. Ski Back trail closed for the summer construction period for public safety. VII. Parking a) Construction Parking i. Limited areas within staging limits for some trades, inspectors and visitors ii. Worker parking at off-site parking lots and shuttled in to site for work day b) Guest Parking i. No Guest parking during summer construction season. INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 12 CONSTRUCTION MANAGEMENT& PHASING PLAN i I. 5) November 2006 through April 2007 — Refer to map CM-5 I. Infrastructure a) None at this time II. Buildings Phase Starting Construction a)None at this time III. Buildings Phase Continuing Construction a)Phase IA Residential and garage structure W. Buildings Phase Completing Construction—None at this time V. Construction Staging and Hording a) Construction fencing line to allow for: ii. Operation of Sam's knob and Sky Cab lifts and Ski school at base of Fanny Hill iii. Operation of Wood Run Gondola iv. Fire access through remaining Phase 1 A construction area with gates operational by Fire Department c) Construction fencing line to enclose: i. Areas as delineated on the plan ii. Fall protection requirements will encroach into Phase la,will need to maintain clear fire access through this staging area d) All staging(construction materials,storage, construction staging, site offices,etc.)occurs within construction fencing. I) Ski Back trail open for ski season use VI. Parking a) Construction Parking i. Limited areas within staging limits for some trades, inspectors and visitors ii. Worker parking at off-site parking lots and shuttled in to site for work day b) Guest Parking i. Guest Parking in lot C(150 spaces)during the ski season. ii. Pedestrian access from Lot C to the Gondola and Sam's Knob Express iii. Ski out access to Assay Hill iv. Transit services will be available at Lot C and the Mall during the ski season INTRAWEST TETRA TECH,INC. Snowmass Pillage,PCO-INTR-015 13 CONSTRUCTION MANAGEMENT 8 PHASING PLAN 6) April 2007 through November 2007 —Refer to map CM-6 I. Infrastructure A) Construct Roundabout B) Demo existing Road over Brush Creek C) Brush Creek Enhancements D) Construct Base Village Bridge over Ski Back Trail II. Buildings Phase Starting Construction Bldg 4ab 5 Units Bldg 5 57 Units Bldg 6 9 Units Bldg 7 8 Units Bldg 8 32 Units Bldg 9ab Commercial Bldg 9c Commercial Bldg 13a 154 Units Bldg 13b 78 Units Total 343 Units b) Applicant to provide for temporary relocation of Clinic until completion of Clinic space in Bldg 8. III. Buildings Phase Continuing Construction a) Bldg 2c Parking Structure IV. Buildings Phase Completing Construction a) Phase IA 1 14 Units 2a 29 Units 2b 24 Units 3abc 0 Units 3de 0 Units Total 67 Residential Units b) Portions of the garage structure will be operational as required by the PUD for ski season and Base Village operations by November 2007. Limits and operation will be coordinated with the Building Official and Fire Department. V. Construction Staging and Hording INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 14 CONSTRUCTION MANAGEMENT& PHASING PLAN a) Residential and commercial are on-line and operating by November 2007 i. b) Construction fencing line to enclose: i. Areas as delineated on plan c) All staging(construction materials,storage, construction staging, site offices,etc.)occurs within construction fencing. d) e) Ski back trail closed. Parking a) Construction Parking i. Limited areas within staging limits for some trades, inspectors and visitors ii. Worker parking at off-site parking lots and shuttled in to site for work day b) Guest Parking i. Drop off parking for ski school in Parking Lot off Lower Carriage Way as Building 1 is occupied. ii. Temporary Guest arrival services will be based in Building 1 and will use the Building 1 parking lot as building 1 is occupied. iii. Loading dock and required parking will be available in partially completed Parking structure as required in the PUD and ordinances. INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 15 CONSTRUCTION MANAGEMENT& PHASING PLAN 7) November 2007 through April 2008—Refer to map CM-7 Building Phase la except bldg 2c is operational. Limited landscape plantings may not be installed due to planting season limitations. I. Infrastructure a) None at this time II. Buildings Phase Starting Construction a) Aquatics Center 111. Buildings Phase Continuing Construction a) Bldg 4ab Bldg 5 Bldg 6 Bldg 7 Bldg 8 Bldg 9ab Bldg 9c Bldg 13a Bldg 136 IV. Buildings Phase Completing Construction a 2C 22 Units Total 22 Residential Units V. Construction Staging and Hording a) Residential and commercial are on-line and operating for phases IA b) All village infrastructure is on-line and operating: i. Arrival center ii. Loading dock iii. Central mechanical iv. Lodging services c) Construction fencing line to allow for: i. Operation of residential ii. Operation of commercial iii. Operation of ski operations iv. Fire access as per local fire authority requirements. Construction fencing line to enclose: i. Areas as delineated on plan ii. Fall protection requirements will encroach into Phase lb,will need to maintain clear fire access through this staging area INTRAWEST TETRA TECH,INC. Sn"mass Village,PCO-INTR-015 16 CONSTRUCTION MANAGEMENT&PHASING PLAN d) All staging(construction materials,storage,construction staging, site offices,etc.)occurs within construction fencing e) Ski Back trail,open for ski season use. VI. Parking a) Construction Parking i. Limited areas within staging limits for some trades, inspectors and visitors ii. Worker parking at off-site parking lots and shuttled in to site for work day b) Guest Parking i. Village Parking Structure as required for operations of Base Village. INTRAWEST TETRA TECH,INC. Sno mass Village, PCO-INTR-015 17 CONSTRUCTION MANAGEMENT& PHASING PLAN c) 8) April 2008 through November 2008—Refer to map CM-8 I. Infrastructure a) None at this time II. Buildings Phase Starting Construction a) Phase 3 11 50 Units Fanny Hill Cabins 10 Units Total 60 Residential Units III. Buildings Phase Continuing Construction a) Phase 213 5 8 13a 13b IV. Buildings Phase Completing Construction Bldg 4ab 5 Units Bldg 9ab Commercial Bldg 9c Commercial Bldg 6 9 Units Bldg 7 8 Units Aquatic Center Total Units 22 Residential Units V. Construction Staging and Hording a) Residential and commercial are on-line and operating as indicated. b) Construction fencing line to allow for: i. Operation of residential ii. Operation of commercial iii. Fire access as per local fire authority requirements c) Construction fencing line to enclose: i. Areas as delineated on the plan ii. Fall protection requirements for building 5 will encroach into Phase 113 fire access,will need to maintain clear fire access through this staging area d) All staging(construction materials,storage,construction staging, site offices,etc.)occurs within construction fencing e) Ski back trail closed for public safety Is INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 18 m.:.,.._,.. CONSTRUCTION MANAGEMENT&PHASING PLAN iVII. Parking a) Construction Parking i. Limited areas within staging limits for some trades, inspectors and visitors ii. Worker parking at off-site parking lots and shuttled in to site for work day b) Guest Parking i. In now completed Village Parking Structure. Transit Center is also complete and operational prior to completion of Bldg 6. INTRAWEST TETRA TECH,INC. Snowmass Pillage,PCO-INTR-015 19 CONSTRUCTION MANAGEMENT&PHASING PLAN 9)November 2008 through April 2009—Refer to map CM-9 I. Infrastructure a) None at this time II. Buildings Phase Starting Construction a) None at this time III. Buildings Phase Continuing Construction a) Bldg 11 b) Bldg 13b c) Fanny Hill Townhomes INTRAWEST TETRA TECH,INC. Snowm s Village,PCO-INTR-015 20 CONSTRUCTION MANAGEMENT& PHASING PLAN IV. Buildings Phase Completing Construction a) Phase 2B 5 57 Units 13a 154 Units 8 32 Units Aqua Center 0 Units Total 243 Residential Units V. Construction Staging and Hording a) Residential and commercial are on-line and operating. b) Construction fencing line to allow for: i. Operation of residential ii. Operation of commercial iii. Operation of ski operations iv. Fire access as per local fire authority requirements c) Construction fencing line to enclose: i. Areas as delineated on the plan ii. Temporary fire access through Phase 3 area will need to be kept clear for fire access to phase I and 2B. d) All staging(construction materials,storage, construction staging, site offices,etc.)occurs within construction fencing. VI. Parking a) Construction Parking i. Limited areas within staging limits for some trades,inspectors and visitors ii. Worker parking at off-site parking lots and shuttled in to site for work day b) Guest Parking i. In now completed Village Parking Structure. ii. Building 13 parking garage complete . INTRAWEST TETRA TECH,INC. Snowmass Village, PCO-INTR-015 21 CONSTRUCTION MANAGEMENT& PHASING PLAN 10) April 2009 through November 2009—Refer to map CM-10 I. Infrastructure a) Overlay Wood Road to Fanny Hill Cabin Site II. Buildings Phase Starting Construction in April 2009 a) Phase 4 10A IOB 90 Units Total 90 Residential Units III. Buildings Phase Continuing Construction a) Bldg 11 IV. Buildings Phase Completing Construction a) Phase 3 Fanny Hill Cabins 10 Units Bldg 13b 58 Units Total 68 Residential Units V. Construction Staging and Hording a) Residential and commercial are on-line and operating. b) Construction fencing line to allow for: i. Operation of residential ii. Operation of commercial iii. Pedestrian Access to Base Village from 13a iv. Fire access as per local fire authority requirements c) Construction fencing line to enclose: i. Areas as delineated on the plan d) All staging(construction materials,storage,construction staging, site offices,etc.)occurs within construction fencing. VI. Parking a) Construction Parking i. Limited areas within staging limits for some trades, inspectors and visitors ii. Worker parking at off-site parking lots and shuttled in to site for work day b) Guest Parking i. In now completed Village Parking Structure INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 22 CONSTRUCTION MANAGEMENT& PHASING PLAN 11) November 2009 through April 2010— Refer to map CM-11 I. Infrastructure a) None at this time II. Buildings Phase Starting Construction None at this time III. Buildings Phase Continuing Construction a) Bldg 10 a,b IV. Buildings Phase Completing Construction 11 50 Units Total 50 Residential Units V. Construction Staging and Hording a) Residential and commercial are on-line and operating. b) Construction fencing line to allow for: i. Operation ofresidential ii. Operation of commercial iii. Operation of ski operations iv. Fire access as per local fire authority requirements c) Construction fencing line to enclose: i. Areas as delineated on plan d) All staging(construction materials, storage, construction staging, site offices,etc.)occurs within construction fencing. VI. Parking a) Construction Parking i. Limited areas within staging limits for some trades, inspectors and visitors ii. Worker parking at off-site parking lots and shuttled in to site for work day b) Guest Parking i. In now completed Village Parking Structure ii. iii. Building 11 and 13b Parking Completed with buildings. INTRAWEST TETRA TECH,INC. Snowmass Village,PCO-INTR-015 23 CONSTRUCTION MANAGEMENT& PHASING PLAN 12) April 2010 through November 2010 - Refer to map CM-12 I. Infrastructure a) None at this time 11. Buildings Phase Starting Construction h) Bldg 12 41 Units 111. Buildings Phase Continuing Construction i.None at this time W. Buildings Phase Completing Construction a) Phase 5 10a,b 90 Units Total 90 Residential Units V. Construction Staging and Hording a) Residential and commercial are on-line and operating. b) Construction fencing line to allow for: i. Operation of residential ii. Operation of commercial iii. Fire access as per local fire authority requirements e) Construction fencing line to enclose: i. Areas as delineated on plan d) All staging(construction materials, storage,construction staging,site offices,etc.)occurs within construction fencing. VI. Parking a) Construction Parking i. Limited areas within staging limits for some trades, inspectors and visitors. ii. Worker parking at off-site parking lots and shuttled in to site for work day b) Guest Parking i. In now completed Village Parking Structure. Parking in Building 10 ab completed with building. INTRAWEST TETRA TECH,INC. Snowm s Village,PCO-INTR-015 24 CONSTRUCTION MANAGEMENT& PHASING PLAN 13) November 2010 through January 2012 - Refer to map CM-13 I. Infrastructure A.None at this time II. Buildings Phase Starting Construction A. None at this time III. Buildings Phase Continuing Construction A. None at this time W. Buildings Phase Completing Construction 12 41 Units Total 41 Residential Units V. Construction Staging and Hording B. Construction fencing line to allow for: 1. Operation of residential 2. Operation of Commercial 3. Fire access per local authority requirements 4. Fencing to enclose areas as delineated on plans B. All staging(construction materials,storage,construction staging, site offices, etc.)occurs within construction fencing. VI. Parking A. Construction Parking 1. Limited areas within staging limits for some trades,inspectors and visitors 2. Worker parking at off-site parking lots and shuttled in to site for work day B. All guest Parking complete All work completed INTRAWEST TETRA TECH,INC. 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I I I t i il, III F qII iA, Illy/! rrriI /iN 'll, ,r II'! f hil"d:Lrrflll rj1 ' l ,y,/, rVI r r . lro,i l t l 1I ! I/'r/l Y ! i , r il Ir 4 V 4i 911''1'/ !r\ A •. 1,l fE l f l f elr ' rl,/1/j 111 11 111'Alw v ,• ' , 4, ° 1y, m 1 t \ @ u l rr /fii11'I I ?. _• :y i, , I 'y 1,A 1, - 1'@'I,I )'i ili'iili ' ' ' ".• r i lrt,r /l , 1I , 4 IurlnVA 11 ° i 11li\ A1 1'/ l I l' /( r(" ( ' iI l ii l 1 1l l I I 1I !'I(i 1•\ aIll11AnA t1"` d\ I11-A A 1l g w\ 1 11 Q51 I1 t 7—,,j1 t1 V ` AI// r cilia ' till VI ' III I Y V - h, ll l . • rrr/ / r •r w``.\ .``i`\\ ic\` \ael.// `' / r/!,/l!h',I jifr%/'i;(•r r l rrii !r/ri/l lr llr lilyi' j°y APPENDIX E TABLE SHOWING CHANGES IN PHASING AND EMPLOYEE HOUSING November2006 Apbktation forMinorAmendment to PUD:Bare Vllq i8 00205887.DOC} CURRENT PUD PHASING AMENDED PUD PHASING EMPLOYEE HOUSING SUMMARY BY PHASE EMPLOYEE HOUSING SUMMARY BY PHASE E.H.Units E.H.AREA(FF.) E.H.Units E.H.AREA(S.F.) Psr'0/ Per'OB Per'O4 Per'OB Day. Dev. Per'04 I Per'Il8 Dev. Dev. Per'04 Per'OB PHASE BUILDING# stab Sb Exhlbit'A'Exhibit'A' d6 PHASE BUILDING# Stab Stab ExhibitW Exhibit''L di1 BUILDING 1 0 0 a 0 0 BUILDING 1 0 0 0 0 0 BUILDING 2A 0 0 0 0 0 BUILDING 2A 0 0 0 0 0 BUILDING 2B 1 2 821 1,380 559 BUILDING2B 1 2 821 1,380 559 IA BUILDING 2C 2 3 948 2,147 1,199 1A BUILDING 2C 2 3 948 2,147 1,199 BUILDING 3ABC 0 0 0 0 0 BUILDING 3ABC 0 0 0 0 0 BUILDING3DE 0 0 0 0 a BUILDING 3DE 0 0 0 0 0 PHASE TOTAL 3 5 1,7691 3,527 1,758 PHASE TOTAL 3 5 1,769 3,527 1,758 RUNNING TOTAL 3 6 1 768 3,527 1 768 RUNNING TOTAL 7 6 1,768 3 627 1,768 BUILDING 0 0 0 0 0 BUILDING6 0 0 0 0 0 BUILDING7 2 3 1,604 1,604 0 BUILDING7 2 3 1,604 1,604 018BUILDING8111,191 1,191 0 18 BUILDING 8 1 1 1,191 1,191 0 PHASE TOTAL 31 4 2,7951 2,795 0 PHASE TOTAL 31 4 2,7951 2,795 0 RUNNING TOTAL 1 61 91 4,6641 6,322 1,766 RUNNING TOTAL 1 61 91 4,611411 6,3221 1,768 BUILDING 13A 0 2 0 2,154 2,154 BUILDING 13A 0 2 0 2,154 2,154 2A 2A BUILDING 13B 7 5 6,661 2,926 (3,735) PHASE TOTAL 01 21 07-2-154 2,154 PHASE TOTAL 1 71 71 6,661 5,080 (1,581) RUNNING TOTAL 8 11 0.684 8,478 3,912 RUNNING TOTAL 13 16 11,226 11,401 177 BUILDING 4AB 0 0 0 0 0 BUILDING 4AB 0 0 0 0 0 BUILDINGS 3 3 2,545 2,545 0 BUILDING5 3 3 2,545 2,545 0 BUILDING 9AB 0 0 0 0 0 BUILDING 9AB 0 0 0 0 02BBUILDING9Ca000028BUILDING9C00000 AQUA CENTER 0 0 0 0 0 AQUA CENTER 0 0 0 0 0 PHASE TOTAL 31 3 2,5451 2,6451 0 PHASE TOTAL 31 31 2,545 2,545 0 RUNNING TOTAL 9 14 7,109 11 021 3,912 RUNNING TOTAL 18 18 13,770 13847 177 BUILDING 11 0 ol 0 0 0 BUILDING 11 0 2 0 1,063 1,063 3 BUILDING 13B 7 5 6,661 2,926 (3,735) 3 0 PHASE TOTAL 7 5 6,661 2,926 (3,735) PHASE TOTAL 0 2 OL 1.0631 1,063 RUNNING TOTAL 1 161 191 13,7701 13,9471 177 IRUNNING TOTAL 1 161 211 13,7701 16,010 1,240 4 BUILDING 10AB 6 6 5,240 4,000 (1,240) 4 BUILDING 10A6 6 6 5,240 4,000 (1,240) PHASE TOTAL 6 6 5,240 4,000 (1,240) PHASE TOTAL 1 61 61 5,2401 4,000 (1,240) RUNNINGTOTAL 1 221 261 19,0101 17,947 (1,063) IRUNNING TOTAL 1 221 271 19,0101 19,0101 0 5 BUILDING 12 0 ol 0 0 0 5 BUILDING 12 1 0 01 0 0 0 PHASE TOTAL 01 ol ol ol 0 IPHASE TOTAL 1 0 ol ol ol 0 RUNNING TOTAL 1 221 251 19,0101 17,947 (1,063 IRUNNING TOTAL 1 221 271 19,0101 18,010 0 PROJECT TOTAL 22 25 19,010 17,947 (1,063) PROJECT TOTAL 22 271 19,010 19,010 0 s 1. A APPENDIX F APPROVAL OF HOUSING MANAGER FOR TOWN HOUSING DEPARTMENT TO CHANGES IN EMPLOYEE HOUSING RELATING TO CHANGES IN PHASING November 2006 4tokeati2n forMinorAmendment to PUD,Bare IflAge 19 100205887.DOC} intrawest p placemaking 1050 17th Street,Suite 1000 ri Denver,CO 80265 USA T 303 623 3392 F 303 893 1487 DATE November 27,2006 ADDRESS Town of Snowmass Village P.O.Box 5010 Snowmass,CO 81615 RE Letter of Consent for PUD_Amendment Application Town of Snowmass Village, The Housing Department consents to the PUD Amendment being submitted by IBC to modify the building phasing schedule and to reconcile the restricted housing commitrnmts. Sincerely, Jo offey Housing Manager Town of Sno=ass Village Doug Beall Development Manager Intrawest Placem We createpktces where amazing experiences happen APPENDIX G COMBUSTIBLE MATERIAL REPORT DATED DECEMBER 6,2005 WITH ENDORSEMENT BY JOHN T.MELE,FIRE MARSHALL,WILDCAT FIRE PROTECTION DISTRICT,DATED NOVEMBER 5,2006 November 2006 Appkcation forMinorAmendment to PT ID,Bare Village 20 f 00205887.DOC) intrawest placemaking 1050 17th Street,Suite 1000 Denver,CO 80265 USA T 303 623 3392 F 303 893 1487 DATE November 5,2006 ADDRESS Mr. Chris Conrad Planning Director Town of Snowmass Village P.O.Box 5010 Snowmass,CO 81615 RE Letter of Consent for PUD Amendment Application Mr.Conrad, I have reviewed and do endorse the applicability of the document known as Combustible Material on Building Exteriors dated December 6,2005 for all buildings in Snowmass Base Village. This language has been approved for previous Administrative Modifications within the village and it is appropriate to incorporate it into a PUD Amendment for the entire Base Village. I hereby give my consent to do so. Sincerely, J John T. Mele Fire Marsball Wildcat Fire Protection District. Enclosed:Combustible Material on Building Exteriors Snowmass Base Village—December 6,2005 Mr. Doug Beall Development Manager Intrawest Placemaking We create places where amazing experiences happen COMBUSTIBLE MATERIAL ON BUILDING EXTERIORS Snowmass Base Village Snowmass Village, Colorado Presented To: Town of Snowmass Village Attention: Chris Conrad,Planning Director Phone: 970.923.5534 Wildcat Fire Protection District Attention:John T. Mele,Fire Marshal Phone: 970.923.2212 December 6,2005 7-o4 94 FACILITY DESCRIPTION The Snowmass Base Village is a large mixed-use development including multi-family residential hotel and condominium buildings,mercantile and restaurant occupancies, assembly conference and a large below building enclosed parking structure. The complex consists of single buildings as well as a large single building of mixed occupancy including hotel guest rooms,condominium units,residential condominium lock-off units,meeting and banquet facilities,a spa and fitness center,restaurantlbar and associated kitchens,retail,and back-of-house support areas. The building will be treated as a single building as well as a single overall building and will have separated and non- separated uses as allowed by the adopted building code. INTRODUCTION Rolf Jensen and Associates has been commissioned to provide fire protection and life safety consulting services for this large-scale project. The Snowmass-Wildcat Fire Protection District has requested that a Life Safety Report(LSR)be prepared for this large-scale project. That Life Safety Report has been submitted for review and approval by the Snowmass Village Fire Protection District and should be referenced when reviewing this as well as any future requests for administrative modification or memorandum ofunderstandings. This document known as a Administrative Modification—Combustible Material on Building Exteriors describes, in detail,the equivalent details and fire protection features of The Snowmass Base Village in Snowmass, Colorado. This request is submitted as a formal request for consideration for the modification and approval of alternate materials, design and methods ofconstruction as permitted by International Building Code. The building and fire code permit the building and fire official to grant modifications for individual cases. This approval is based on those authorities determining that the strict letter of the code is not practical and that the modification is in conformance with the intent and purpose of this code and that such modification does not lessen any ofthe fire protection requirements for the building, the life safety of the occupants or any degree of structural integrity. The detail of any such action granting modification shall be recorded and entered into the files ofthe code enforcement agency. This administrative modification is the documentation of our request with supporting data and is intended to provide the documentation of the process and approval for this project only. The design team has meet on numerous occasions with the building and fire department and has been guided by the International Building Code and Ordinance 21 as previously approved by the Town of Snowmass Village to permit the following with respect to the use of exterior combustible materials on the building complex: NOTE: These provisions listed are only those applicable to the use of exterior JA i combustible materials on the exterior of the building. This request is not intendedortomodifyanyofthepreviouslyagreedtoprovisions). Wood veneer of boards not less than 1-inch nominal thickness ofexterior type panels of not less than 3/8-inch nominal thickness may be applied to walls, provided the veneer does not exceed 15-feet above grade,and further provided such veneer is furred out from such surfaces not to exceed 1 and 518 inches with all concealed spaces fire-blocked. No fire treated wood siding is authorized above 15 feet. Siding above 15 feet must te—ofnon-combustible construction. Trim is defined as window/door trim,bellybands (at each floor)and comer boards only. Wood trim must be smaller than 3-inches by 12-inches. Wood trim will not be allowed on projections above 15-feet.Projections (projections are considered to balconies, eaves and roofsections as defined by the building code) abo"ve 1S- feet must be of non-combustible materials excludi Non-treated wood trim may e app ie o non-com usti le structural a ements below 15-feet from grade. Non-combustible trim above 15-feet from grade is allowed to be foam plastic,but must meet the requirements,ofIBC Section 1406. NOTE: Ifheave timbers are used as described in this documentper the Fire Marshal, combustible belly-bands and corner boards would not be permitted to be used Combustible wood balcony handrails will be permitted on the exterior of the building as a combustible material. For buildings constructed as Type II-A structures, arcades,walls and entrances below 15 feet from grade will have non-combustible structural elements and be constructed to comply with the provisions of Type 11-A construction requirements. The buildings will incorporate a"true"Class A roof assembly(including if applicable wood shake shingles) as described in the NFPA Fire Protection Handbook, 170'edition. The typical roof assembly for each building will be presented to the building and fire department for compliance with this requirement. Additionally at the meeting on May 27, 2005 with Snowmass-Wildcat Fire Protection District, Intrawest, OZ Architecture, RJA and the Snowmass Building Department, it was agreed to by the design team that the following would be complied with for the limited use of combustible material above 15 feet on the exteriors of the remaining buildings. All exterior trim pieces will be ofheavy ' : dii'iiension. This means that the minimal dimension of trim pieces will 6 x 8 inch . These pieces will not be treated with fire retardant material.NO hea imbers are used as nr described in this document per the Fire Marshal, combustible belly-bands and corner boards would not be permitted to be used. These trim pieces will not be structural timbers nor will they made of either glue-lam or rough sawn glue-lam timbers. No combustible trim will be permitted on the exterior sides of the buildings that do not have a minimum of 20 feet of separation or is not provided with fire department access on that side of the building. Combustible or wood materials are proposed for the design of the exterior fagade only. These components are decorative materials that further enhance the alpine or chalet character ofthe building. The combustible material and wood elements are proposed for decorative use around roofpeaks,balconies and exterior of the building. These wood elements are not to be used as structural elements or as part of any exterior bearing wall system and will comply with the conditions described above. Some of the buildings have snow dump roofs or eaves that are typically attached to the building.These roofs will have heavy timber structural members that are not primary structural members to the building.The design team has defined these as"accessory roofs design for snow dump protection". Some exterior walls will have natural stone with"fire retardant treated"plywood behind the stone fascia. The design team would Bice to have this considered to be acceptable. In our opinion the use ofthis limited combustible material on the exterior of this building above the 15-foot height based on the conditions above does not pose any additional hazards or fire spread. The request ofthis administrative modification is that the owner be permitted to utilize the use of limited combustible materials as described in this administrative modification as the exterior siding material as detailed by the architect of record and this administrative modification. i APPENDIX H VICINITY MAP November 2006 Aptholion forMinorAmendment to PUD,Bare Vill 21 00205887.DOC} ASC SNOWMASS PARCELS SHOWMA$ 1. COLORADO A6fE1lBWN0001mMlV PARCEL! MAN L. TJ A „ mss r at 1' . S J 1 e+'u A 4fl. T itiII Jx u A . Afr A P ` r / j • ir'i/ r l._ I . I _ \ D wa. e. wnw. o V t /' r ' a . f} , ter• r., APPENDIX APPLICATION FORM AND EVIDENCE OF PAYMENT OF FEES November2006 Abb ieation for MinorAmendment to PUD:Bare Vdiggg 22 00205887.DOC) TOWN OF SNOWMASS VILLAGE PUD AMENDMENT APPLICATION PLANNED UNIT DEVELOPMENT(PUD)AMENDMENT MEANS A CHANGE(S)IN USE OF A FINAL PUD OR SPA PLAN,OR SUBSTANTIAL CHANGES IN FLOOR AREA,HEIGHT,PARKING REQUIREMENTS,SETBACK REQUIREMENTS,OR OTHER MAJOR ADJUSTMENTS THAT CHANGE THE NATURE OF THE FINAL PUD OR SPA PLAN. GENERAL DATA REQUIREMENTS Date: 11/30/06 Name of Owner Intrawest/Brush Creek Development Company,L.L.C. Address: P.O.Box 6565,5131 Owl Creek Road,Snowmass Village Phone: 970-922-0556 Name of Applicant(if different than owner): Address: Phone: Address/Location of Property Lot 8 and Lot 9 ofSnowmas Base Village PUD EXISTING CONDITION INFORMATION Original PUD Approval Date October 11,2004 Present Zoning' PUD Lot Area(sg ft.)7 Lot 8=47,742 sf, Lot 9= 146.100 sf Building Setbacks(ft.):0 ft&20 ft Allowable Floor Area Ratio per Zoning or PUD Plan' Lot 8=80,020 sf, Lot 9=207,215 sf Square Footage of All Areas Calculated as Floor Area by LUC Lot 8=81,612 sf, Lot 9=201 683 sf Square Footage of Exempted Areas' Existing Building Height: of Parking Spaces and/or Parking Space/Bedroom Ratio: Percent Open Space: PROPOSAL DATA Zoning(if requesting changes)'No Change Proposed Building Setbacks: No Change Proposed Floor Area Ratio No Change Proposed Total Square Footage of Improvements No Change Proposed Square Footage of Exempted Areas No Change Proposed Building Height No Change Proposed#of Parking Spaces and/or Parking Space/Bedroom Ratio: No Change Proposed Percent Open Space No Change 00206437.DOC)). GENERAL DESCRIPTION OF PROPOSED AMENDMENT(S): The proposed PUD amendment consists of the following items:ems: 1. Permit developer to move Building 13B from Phase 3 ofthe development into Phase 2A of the development. 2. Decrease the Employee Housing square footage in Building 13B from 6,661 sf to 2,926s 3. Add 1,063 sf of Employee Housing to Building 11 in Phase 3. 4. Incorporate the Combustible Material on Building Exteriors report dated 12/6/05 into the PUD in lieu of doing so via Administrative Modification for each building in the development. SUBMISSION DATA REQUIREMENTS 1. Completed application,including statements of consistency with the applicable review standards. Application for Minor Amendment to PUD is attached. 2. Base Application Fee(see Fee schedule). The base fee is the minimum fee for the type of review. The actual fee will be computed by the Planning Department based upon a staff hourly rate determined by the Town Planner to be an estimate of the fully allocated hourly cost of review of the application by the Town staff,plus the actual costs incurred by the Town in employing consultants,including attorneys& engineers performing services for the Town directly related to the application. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Town Planner. Snowmass Village Municipal Code,Section 16-I. Application fee for Minor Amendment to PUD is included with this application. 3. Certificate of title and letter of consent from the owners in fee simple ofthe property to be revealed. Certificate of title is located at Appendix B to the Application.The letters of consent are located at Appendix C to the Application. 4. Affidavit of mailing and posting,copy of information mailed and the names and addresses of the owners to whom said information was mailed. Once we have confirmation that the Application is complete and that a hearing date is set,we will provide the required notice to all property owners within 300 feet of the affected property. 5. Improvement Survey prepared by a licensed surveyor within the last two years. We have included the Final Plat ofBase Village at Section 4 of the Application.We request that the Town Council and the Planning Director authorize the waiver of this requirement of a survey pursuant to Section 16A-5-50(a)(1)of the Snowmass Village Land Use and Development Code. 6. Site plan,including existing features,contours at 2'intervals,existing improvements,setbacks,building envelopes,property lines,general location of vegetation. The site plan approved by the Town in connection with the PUD will not change as a result of this Amendment.We request that the Town Council and the Planning Director authorize the waiver of this requirement of a copy of the site plan pursuant to Section 16A-5-50(a)(1)of the Snowmass Village Land Use and Development Code. 00206437.DDC)2 7. Development plan including proposed improvements,access,parking,landscaping,property lines, walkways,etc. The development plan approved by the Town in connection with the Project will not change as a result of this Amendment.We request that the Town Council and the Planning Director authorize the waiver of this requirement of a copy of the development plan pursuant to Section 16A-5-50(a)(1)of the Snowmass Village Land Use and Development Code. 8. Building and floor plans,sections,elevations,and roof plan. We have submitted proposed amendments building and floor plans,sections,elevations and roof plan in connection with an application for administrative modification submitted to the Planning Director April 25,2006.These items will not change as a result of this Amendment. We request that the Town Council and the Planning Director authorize the waiver of this requirement in connection with this amendment pursuant to Section 16A-5-50(a)(1)of the Snowmass Village Land Use and Development Code. 9. Verification that the proposed improvements are not in primary constraint areas. The proposed improvements are not in primary constraint areas.This amendment will not modify the PUD in terms of affecting primary constraint areas. 10. If rezoning is being requested,a petition in favor of the rezoning signed by either real property owners representing 80%ofthe land area included in the application,or certified board ofdirectors of homeowners association representing the interests of the property(s)in question. Rezoning is not being requested. ADDITIONAL INFORMATION MAY BE REQUESTED BY THE PLANNING DEPARTMENT TO MAKE A FAIR AND WELL INFORMED DECISION. NO APPLICATION WILL BE PROCESSED UNTIL ALL REQUIRED INFORMATION IS PROVIDED. 00206437.DOC)3 RULESOFPROCEDURE PRE-APPLICATION CONFERENCE Prior to formal submission of a request,the applicant shall meet with the Planning Department Staff in order to review the nature ofthe submission and the procedures that will be required in order to process the application. PUBLIC HEARING NOTICE I. Upon receipt ofthe completed application and application fee,the Planning Office shall set a public hearing date to be held before the Town Council. 2. The Planning Department shall publish notice of the public hearing in the Snowmass Sun at least thirty(30) days prior to the hearing. 3. The applicant shall mail notice of the hearing at least thirty(30)days in advance ofthe public hearing to all property owners within three hundred(300)feet ofthe affected property. The notice shall contain the following information: a. A description of the proposed action with reference to the appropriate section ofthe Code pursuant to which the application will be processed. b. A description of the property affected. C. Any drawings or plans that detail the proposed action. d. A vicinity map showing the location of the property in the Town. e. A Notice of Public Hearing for the Planning Department. f. Ifthe proposed action is a rezoning,the notice shall indicate what the present zoning is and what the new zoning will be and shall set forth the area and bulk requirements for the proposed zone as set forth in the area and bulk requirements set forth in Section 16 of the Code. Such notice shall also indicate the increase or decrease in gross residential density proposed and the increase or decrease in commercial space proposed. g. Ifthe proposed action is for approval of a subdivision,the notice shall contain a description of the types ofuses proposed and shall specify the gross residential density proposed. 4. The applicant shall submit to the Planning Department,an affidavit ofmailing and posting,copy of information mailed and the names and addresses of the owners to whom said information was mailed. 00206437.Doc)4 s DETERMINING PROPERTY OWNERS FOR THE PURPOSES OF PUBLIC HEARING NOTICE. The party responsible for such mailing shall utilize as the source of names and addresses of such owners the most current list of property owners on the file with the Pitkin County Tax Assessor of an official list of owners maintained by condominium and homeowners association which is current within 30 days prior to mailing,or such other sources as approved in advance by the Town Planning Department. If any party responsible to give such notice follows the indicated procedures in good faith,the failure of any particular property owner or owners to receive actual notice shall not affect the validity ofproceedings which require such notice. POSTING OF PROPERTY Posting of a public hearing notice shall be made by the applicant. A sign noticing the public hearing date, time,location,purpose and address and telephone number of the Planning Department,shall be located in a conspicuous place on the property. The sign shall be made of suitable waterproof material,shall not be less than twenty-two(22)inches wide by twenty-six(26)inches high,and shall be composed of letters not less than one(1)inch in height. REVIEW AND ACTION I. Upon receipt and review of the complete application by the Planning Department Staff,the Planning Department shall then submit the complete application to the Planning Commission for review. The Planning Commission shall review the proposed amendment and make a recommendation for approval, approval with conditions,or denial prior to the public hearing. 2. Following receipt of the Planning Commission's recommendations,Town Council shall either adopt an ordinance on first reading approving or approving with conditions the PUD or SPA amendment,or adopt a resolution denying the amendment request citing specific reasons therefore. 3. Prior to second reading and final adoption of an ordinance,the Town Council shall hold a public hearing. The PUD or SPA amendment ordinance shall be introduced for final adoption on second reading no later than sixty(60)days after the receipt of the Planning Commissions recommendations. Failure ofthe Town Council to act shall constitute approval. 4. A proposed change that is not consistent with the Final PUD Land Use Plan and the Town Council findings required shall be subject to both conceptual and final plan review and approval. 00206437.DOC)5 REVIEW STANDARDS IN RECOMMENDING APPROVAL BY THE PLANNING COMMISSION AND IN GRANTING APPROVAL BY THE TOWN COUNCIL,EACH MUST FIND: 1.Circumstances relevant to the request have changed,or were unknown,since final planned unit development plan approval; 2.The amendment will not increase any of the maximum limits or decrease any of the minimum limits established in Section 16-175 of the Code; 3.The proposal is consistent with the efficient development and preservation of the entire PUD and does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street f om the property in question or the public interest;and 4.The amendment,if granted,will not alter the essential character ofthe locality. 0020643TD0C)6 TOWN OF SNOMASS VILLAGE PLANNING DEPARTMENT Snowmass Village Development Application Fee Agreement The Town ofSnowmass Village has established a fee structure for the processing ofland use applications as described in the Base Rate Fee Schedule attached hereto. A flat rate fee is collected for land use applications based on the type of application submitted. Referral fees for other Town departments,agencies and Town consultants reviewing the application will also be collected. Applications will not be accepted for processing without the payment of required base rate fee. The fees vary dependent upon the land use application type and the complexity of the case. The determination whether an application is major or minor for purposes ofestablishing the Base Rate Fee shall be at the sole discretion ofthe Planning Director based upon the estimated number of hours required to process the application. The Base Rate Fee for applications which fall into more than one category shall he cumulative unless found that it may be excessive in relation to the estimated number of hours required to process the consolidated application. The consolidated Base Rate Fee may then be adjusted at the dole discretion of the Planning Director. The accrual ofstaff time commences at the time ofthe pre-application conference and this time is then deducted following receipt ofthe flat fee amount provided at the time application is made. The base rate fee is not refundable. More extensive staffreview may be required,beyond the hourly rate and time allotted by the base rate fee,as the review time is likely to vary substantially from one application to another. Actual staff and consultant review time of the application will be charged when the hourly rate and review time exceeds the base rate fee amount. A summary report ofthe chare for processing and review time actually incurred will be provided to the applicant upon request. After the base fee has been exceeded,the applicant will be billed monthly in arrears for actual review time incurred. Current billings must be paid within 30 days of processing of the application will be suspended. An applicant may accrue and be billed additional administrative or review time following the final land use approval up to issuance of a Certificate of Completion or a Certificate of Occupancy or until the terns and conditions of the approval have been satisfied,whichever occurs later. Ifan applicant has previously failed to pay application fees as required,no new or additional applications will be accepted for processing until the outstanding fees are paid. No new land use applications will be accepted,building permit(s)issued or documents recorded with the Pitkin County Clerk and Recorder until all costs associated with the processing ofthe land use application to date have been paid. As the Applicant or Authorized Representative,I am responsible for paying all fee associated with this development review application and shall be the person designated to receive all billings under this Agreement. READ,ACCEPTED AND AGREED TO: Application(s): Prin ame. E CDate: U11-042 Applicant#lAuthoriied Repre olive BASE RATE FEE:$ 1,C(NO 11 TVAWE'S"C RECEIPT NO. Applican (ling address: pO. Ocx.6565 The applicant is responsible for notifying 5N0W1^A5S V LL. . U- C...O the Town Planning Department by U.S. 81615 Mail for any change in billing person or billing address: Snowmass Village Planning Department P.O.Box 5010, Snowmass Village,CO 81615 00206437.DOC)7 SNOWMASS VILLAGE PLANNING DEPARTMENT BASE RATE FEE SCHEDULE EFFECTIVE:AUGUST 25,2004 TYPE OF REVIEW BASE RATE FEE AEU Registration—initial............................................................................$300.00 AEURegistration—Annual...........................................................................$100.00 ACU Registration—Initial............................................................................$200.00 Administrative Modification..........................................................................$400.00 Annexations................................ .............................................................$5,000.00 Appeal ofDecision.....................................................................................$300.00 Comprehensive Sign Plan.............................................................................$500.00 Excise Tax Application.................................................................................$500.00 Floor Area Calculation(Per Hour)....................................................................$180.00 Rezoning..................................................................................................$1,000.00 SPA or PUD Pre-Sketch Plan..........................................................................$750.00 SPA or PUD Sketch Plan...............................................................................$3,500.00 SPA or PUD Preliminary Plan—Minor...............................................................$4,500.00 SPA or PUD Preliminary Plan—Major...............................................................$6,000.00 SPA or PUD Final Plan—Minor.......................................................................$2,000.00 SPA or PUD Final Plan—Major.......................................................................$3,000.00 19 SPA or PUD Minor Amendment.................. .....................................................$3,000.00 SPA or PUD Major Amendment........................................................................$2,500.00 Special Review—Administrative........................................................................$500.00 Special Review—Other..................................................................................$1,500.00 Subdivision Exemption...................................................................................$1,250.00 Subdivision Preliminary Plan...........................................................................$1,500.00 Subdivision Final Plat....................................................................................$1,000.00 Subdivision Plat Amendment........................................................................ .$750.00 Temporary Use Permit—Administrative...............................................................$100.00 Temporary Use Permit—Annual........................................................................$500.00 Temporary Use Permit—Annual Renewal.............................................................$200.00 Sign Permit.................................................................................................$100.00 Variance.....................................................................................................$800.00 Vacation of Recorded Plat................................................................................$1,000.00 Zoning Plan Review—Minor.............................................................................$700.00 Zoning Plan Review—Major..............................................................................$1,500.00 Development,design,or other review not covered above.......................................At Hourly Rates Hourly Rates When Review Costs Exceed Base Fee: TownStaff....................................................................................................................$ 180.00 TownAttorney...............................................................................................................$ 250.00 TownEngineer................................................................................................................$ 110.00 PlanningDept Secretary....................................................................................................$ 65.00 Notes: 1.Base Rate Fees do not include recording costs,which are at the applicant's expense. 2.Mailing,shuttle transportation for site visits,tong distance phone charges,courier and copying expenses will be billed at Town cost. Planning Commission orTown Council meeting audio or video tapes copied at$25.00 per tape copied. 3.Outside consultants or contract services retained as needed by the Town to process,review or administer the application will be reimbursed by the applicant. 4.The determination whether an application is major ofminor for purposes of establishing the Base Rate Fee shall be at the sole discretion of the Planning Director based upon the estimated number of hours required to process the application. 00206437DOC)8 Town of Sinowm ass ViRlage Community IlDeveDotnment P.O. Box 5010 Snowmass Village, CO 81615 970) 923-5524 Date Received of Check No. s Plan Check Fee Clean Up Deposit Building Permit Occupancy ,Assess. Electrical Permit Contractor License Plumbing Permit Invoice No. Mechanical Permit Appeal Fee Fire Protect Permit Other Excavate Permit Planning Sign Permit Afll v- A5Jp I Owner 44 -/S Location Address &4;f- }/j t/t' Valuation $Permit No. 19075