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07-09-07 Town Council Packeti i (icy[ SNOWMASS VILLAGE REGULAR MEETING AGENDA JULY 09, 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: PUBLIC NON-AGENDA ITEMS 5-Minute Time Limit) Item No. 3: COUNCIL UPDATES Town Council Item No. 4: CONSTRUCTION UPDATE (Time: 15 Minutes): ACTION REQUESTED OF COUNCIL: Receive a Town-wide construction update and two-week look ahead for construction activity. Update on two ordinances regarding construction mitigation fees and construction management standards Jason Haber......................................................................Page 1 (TAB A) Item No. 6: ENTRYWAY SIGNAGE PLAN (Time: 30 Minutes): ACTION REQUESTED OF COUNCIL: Approve Signage Plan for the Entryway Leslie Bethel, and Julie Findley with Esse Design......................Page 5 (TAB B) Item No. 7: CONTINUATION OF PUBLIC HEARING AND SECOND READING — SNOWMASS MOUNTAIN —ORDINANCE NO. 08, SERIES OF 2007 Time: 30 Minutes): Consideration of a minor planned unit development (PUD) amendment proposing extension of the deadline to complete the Sam's Knob replacement restaurant. ACTION REQUESTED OF COUNCIL: Approve, modify as needed, or deny the second reading of the ordinance. Jim Wahlstrom....................................................................Page 10 (TAB C) Item No. 8: FIRST READING OF ORDINANCE NO. 14, SERIES OF 2007 —AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30%) WITHIN LOT 28, PARCEL G-THE PINES, EAST VILLAGE PUD (Time: 30 Minutes). ACTION REQUESTED OF COUNCIL: 1" Reading Approval, Approval with Conditions or Denial. Bob Nevins..........................................................................Page 33 (TAB D) Item No. 9: COMPREHENSIVE PLAN UPDATE — STEERING COMMITTEE SELECTION (Time: 10 Minutes): ACTION REQUESTED OF COUNCIL: Approve three Planning Commission members and two Town Council members as participants of the official Comprehensive Plan Steering Committee. Russ Forrest, Chris Conrad, Kathleen Wanatowicz, and David Peckler Page 50 (TAB E) 07-09-07 T.C. Page 2 of 2 Item No. 10: MANAGER'S REPORT..........................................................Page 55 (TAB F) Attainable Housing Meeting Resort Growth Strategic Plan Item No. 11: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS....Page 58 (TAB G) Item No. 12: ADJOURNMENT NOTE: Total time estimated for meeting: 1 hours & 55 minutes (excluding items 1-3, and 10-121 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. MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: July 9, 2007 SUBJECT: CONSTRUCTION UPDATE 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL A. Receive Construction Update, including: 1. Construction Coordinator's Weekly Report (attached) 2. Right of Way Impacts (attached) II. DISCUSION ITEMS 1. General Construction Issues 1. June 28`h - Late night work at Entryway and Brush Creek Rd. impacts. 2. July 4`" holiday construction activity. 3. Trail connections through and around Sinclair Meadows. 2. Right of Way Impacts 1. Road paving at Entryway is complete. 2. Temporary Wood Rd. realignment is in place. 3. Road cuts and paving on Wood Road and Brush Creek Road. 3. New Ordinances 1. Construction Mitigation Fees 2. Construction Management Standards III.NEXT STEPS Staff will continue to provide a Construction Update at each Council Meeting. CONSTRUCTION COORDINATION WEEKLY REPORT # 14 Ending 06/16/07 Construction Activity EnIlMay Brush Creek Road/Seven Star This past week the sub-grade was accepted and Class 6 base course has started to be placed and graded. Next week the concrete curb and gutter will be placed for the center islands and asphalt should be completed in the Brush Creek Rd. corridor by Saturday 6/23/07. The detour through the seven star area and will remain in place through the month of June. The steel plates that were placed over the concrete sidewalk near the transit center to protect the concrete from over loading, will stay until the concrete reaches designed strength. AEM grades the temporary road twice a day. I did not received complaints regarding this site this week. Employee Housing They continued installing sanitary sewer lines in Wildhorse Lane from the point where they left off last fall. They continue to install sanitary sewer services to the lots in this location as well. No complaints were received regarding this site. Town Hall Ongoing construction activity within project limits. I did not receive any complaints regarding this site. Base Village Lower Carriage Way: The first section of concrete was placed for the snowmelt road at lower Carriage Way this week. The contractor has a very aggressive schedule planned to complete the snowmelt and concrete placement for one lane down valley to be open for traffic by 6/28/07 at 5:30 P.M. Haul trucks and construction vehicles are the only traffic allowed in the area. PCL/ Gould were granted longer working hours in an effort to get there work completed by June 28`h. At this time they feel they are approx 10 - 14 days behind schedule for final completion in August. I received a complaint regarding some of the contractors doing the work in this area, parking in front of the Tamarack Condos. This was dealt with quickly and has not been a problem since. Wood Road: The PCL portion of the detour around the lower portion of Wood Road is in place and working well. Ames is still working to complete the remaining portion of this detour through the old Wood Rd. alignment. I did not receive complaints regarding mud on the road this week, although last Tuesday and Wednesday there was a substantial amount of mud tracked onto the road do to the weather we had on Tuesday. Traffic control is in place daily. Brush Creek Bridge: Traffic control is in place daily. Stops are used to allow trucks on and off the site and when equipment or machinery is being delivered. The water line work that needs to cross Wood Rd at the lower Carriage Way area will be done Monday 6/18/07 and Tuesday 6/19/07. This project also has stated that they area few days behind schedule due to design changes with utilities. I did not receive any complaints regarding this site this week. Crestwood The work at the Crestwood's is on site and not affecting ROW. I did not receive any complaints regarding this site this week. Woodrun Place I drove Wood road past the site every day. Hauling material off the site has been minimal. I received a complaint regarding vehicles parking on the far east side of Fanny hill not far from Woodrun Place. Approx '/ of the 14 cars were identified as workers from this site. The cars were moved immediately and the general contractor was given notice that this was never to happen again or the cars would be towed without notice. The other `/2 of the cars were employees form a sub-contractor for Weitz Co. Weitz Company has a zero tolerance policy regarding this, and had a tow truck come to the site. All but one of these cars were moved by the owners. One car was towed from the site. SVWS / Gould The water line and sanitary sewer work has been completed to the intersection of Carrriage way and Tamarack Circle. There is a lot of work to be completed at this intersection which will affect the Tamarack access. SWSD is working closely with the property management to inform them where the work will be done and trying to accommodate their guests as best as they can. Gould feels they are on track to complete their work in Carriage Way to have one lane open to traffic downhill by 06/28/07 at 5:30 P.M. I did receive a complaint from the Liechenharth Condo property manager regarding access for one of their tenants. A large excavation had to be made at the entrance to one of the parking lots and one tenant was not given notice. Their vehicles were blocked in which meant the property manager had to shuttle them while this work was done. SWSD and Gould construction met with the property manager and the problem was dealt with quickly. Traffic Control I am in contact with the TCS daily. I received complaint regarding some traffic cones that were laying in Brush Creek by the Woodbridge Condo entrance and some along the slope below Brush Creek Rd. I met with Clay Owen from the SV PD to retrieve the cones. The cones had been thrown from the road deliberately by someone with too much time on their hands. The police will try to keep an eye in the area for anyone tampering with the traffic control equipment. RIGHT OF WAY IMPACTS—JULY 1ST—JULY 14TH Entryway Brush Creek Road Below the Entryway Roundabout: Road paving was completed and open to two-way traffic on June 27th. Brush Creek Road at Rodeo Transit Depot: Steel plates and barricades were removed on June 28th. Rodeo Place Homes No right of way impacts. Town Hall Upper Kearns Road will be closed for utility installations from mid-July through August 30`h. Access in and out of the Snowmass Center will be from Lower Kearns Road only during this time. Base Village and Brush Creek Bridge Proiecfs Wood Road between Enclave and Crestwood: This road section opened to two-way traffic on June 26`h. A one-lane closure will be in place for one (undetermined) day prior to July 16'h for trench dam construction. A one- lane closure will be in place for the entire week of July 16"-21"for repaving of this road section. Wood Road between Enclave and Brush Creek Rd.: The road realignment was paved and opened to two-way traffic on June 21". A one-lane closure will be in place at the Lower Carriageway intersection on July 61h, 7`h, 91h, & 10`h for telephone and sewer line installations. Brush Creek Road (Between Upper and Lower Kearns Rd.): July 9"—13`h two-way traffic will be shifted for gas line installations at two locations near Lower Kearns Rd. and BJ Adams. One-lane closures will be in place at these locations over two days between July 13'h and 16"for repaving. July 16'h— 18'h two-way traffic will be shifted for storm sewer and Holy Cross line installations at Upper Kearns Road. July 23`d— 31st a one-lane closure will be in place for telephone and gas line installations(and for repaving) above Upper Kearns Rd. Work hours for activity requiring lane closures will be limited to between 9am and 3pm. Tamarack Circle: Utility installations are complete. A one-lane closure will be in place on July 11'h for paving. Lower Carriage Way: Lower Carriage Way is open to one-way downhill traffic. On July 13", the "Gap Section'of Lower Carriageway will be paved and downhill traffic will be routed onto Tamarack Circle. A complete closure may potentially be in place on July 20'h and July 23`d to allow concrete to be poured on the other half of the Lower Carriageway roadway. Brush Creek Stream Restoration: Site access will be established as of July 9h. Periodic traffic stops may be necessary at the Wood Rd. and Lower Carriageway intersection for mobilization and material deliveries. Sinclair Meadows Dewatering is ongoing. No right of way impacts are expected. Alternate trail connections and signage are being developed. Woodrun Place On July 11`Fthere will be periodic one lane stops at the upper site access for crane delivery. Potential Future Projects: August/September—Water line installation in Wood Rd. (to approx. 1/a mile below Thornton Rd.) and in Thornton Rd. for on-mountain water storage tank. Fall Off-season—Water line installation in Brush Creek Road for Brush Creek/Wood Rd. Roundabout. MEMORANDUM TO: Snowmass Village Town Council FROM: Public Works Department DATE: July 9, 2007 SUBJECT: Entryway Signage Plan Presenters: Leslie Bethel and Julie Findley I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff requests Council approve the Entryway Signage Plan as presented to Council on Monday, July 9, 2007. 11. BACKGROUND Since we presented the original Entryway sign concepts to Council 3+ months ago, Julie Findley, our sign consultant from Esse Design, has been refining both the specific sign locations as well as the detail of the signs. The proposed sign package includes the signs on Brush Creek Road and individual signs for the Town Park Bus Depot and the Recreation Center. The signs address the needs of a variety of users, including but not limited to: day skiers, lodge guests, employees, residents, vendors, maintenance personnel, and contractors. The purpose of Monday's meeting, is to receive approval from the Council on the specific sign design and the signage communication so we may proceed ahead with the intended fall construction schedule. Attached please find 3 exhibits for your review. The first attachment shows the sign at the entrance to the Village as an example of the signage that will be found along Brush Creek Road. The second attachment is the potential sign for the Town Park Bus Depot. The third attachment depicts the possible sign for the Recreation Center. On Monday, staff will present the full package of sign design concepts through a PowerPoint presentation. III. COUNCIL OPTIONS 1. Construct the Entryway signage package as presented today. 2. Modify the Entryway signage package. 3. Discontinue work on the Entryway signage package. IV. STAFF RECOMMENDATION Staff recommends Council approve Option #1: construction of the Entryway signage package as presented today. NINAiVaSJolivil IV :4rlflVrIlVAV AdoaIsla JHIJHVSADVYQI ONIA' 0110JAH1 S r 0 VISITOR CENTER ENTRANCE SIGN: NEW SIGN REQUIRES ALUMINUM SKELETON STRUCTURE AS WELL AS FACING MATERIALS AND MESSAGING INSERTION OF LED DIGITAL DISPLAY UNIT AS SHOWN; NEW MASONRY BASE STRUCTURE REQUIRED SIZE OF SIGN FACE ( APPROX.): 8' wide by 3' high by 5" deep SNOWMASS VILLAGE INFORMATION a i . ioaaa sng XUVJ NMOI e4 +. 4 t, Ya a MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: July 9, 2007 SUBJECT: CONTINUATION OF PUBLIC HEARING AND SECOND READING — SNOWMASS MOUNTAIN — ORDINANCE NO. 8, SERIES OF 2007 — CONSIDERATION OF A MINOR PLANNED UNIT DEVELOPMENT PUD) AMENDMENT PROPOSING EXTENSION OF THE DEADLINE TO COMPLETE THE SAM'S KNOB REPLACEMENT RESTAURANT This particular application is a Minor PUD Amendment to the Snowmass Mountain Amendment pursuant to Section 16A-5-390, Amendment of final PUD, of the Town of Snowmass Village Land Use and Development Code, to request a one year extension of the deadline to complete the Sam's Knob replacement restaurant, located on the summit of Sam's Knob on Snowmass Mountain (reference metes and bounds legal description of the property in Ordinance No. 2, Series of 2005 ["Ordinance 2"], as needed). Applicant: Aspen Skiing Company Project Manager/Planner: Chris Kiley Company Planning Director: David Corbin Planner: Jim Wahlstrom, Senior Planner I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The purpose of the meeting would be to consider and take action upon the second reading of the attached Ordinance No. 8, Series of 2007, as may be amended at the meeting. See Attachment 1 for the edited ordinance version and Attachment 2 for the final ordinance language per the first reading introduction and approval as amended at the June 18, 2007 meeting. II. SUMMARY OF DESCRIPTION OF PROJECT. The attached ordinance would document the Applicant's proposed amendment to the Final PUD of 2004 to extend the completion date of the Sam's Knob replacement restaurant by one year. Exhibit 'W' of the ordinance provides the Applicant's description and justification for the proposed change. 1 III. BACKGROUND Why and how did project inception process start: During the review of the Snowmass Mountain Amendment in 2004/05, the Applicant committed in writing to complete the construction of the replacement restaurant no later than the 2007/08 winter season. Such agreement was documented as a condition in Ordinance 2 and as a standard in the accompanying PUD Guide; The PUD Guide in Ordinance 2 required the submittal of a Special Review application of the proposed restaurant replacement project for review by the Town; On January 24, 2007, the Applicant submitted a Special Review application for the proposed Sam's Knob replacement restaurant to the Town; The Planning Commission reviewed the Special Review application at meetings held on March 7 and 21, 2007; On March 21, 2007, the Planning Commission acted upon Resolution No. 5, Series of 2007, which provided recommendations to the Town Council on the Special Review application for the new restaurant. This resolution was provided to Town Council at the initial hearing for the Special Review application on April 16, 2007; On April 9, 2007, during the time Staff was preparing a report to Council on the Special Review application for the initial hearing on April 16, 2007, the Applicant submitted a letter requesting continuance of the Town Council public hearing until August 2007 together with a second, separate request to extend the deadline for constructing the restaurant by one year; At the initial public hearing before the Town Council on April 16, 2007, the Council considered the two requests by the Applicant for continuance of the hearing and extension of the deadline, the results being that the Town Council tabled a motion to consider the Applicant's request to continue the Special Review public hearing to August 2007 and instead continued the public hearing in the interim to May 21, 2007 for the purpose of developing a list that outlined past-due Applicant commitments or obligations together with a slate of possible remedies or mitigation for such outstanding matters. This matters is being dealt with separately; After the Council meeting on April 16, 2007, the Applicant was instructed by Town Staff that an amendment to the Final PUD via Ordinance No. 2, Series of 2005, including the PUD Guide, needed to be submitted to formally request modification to the ordinance condition and PUD Guide standard requiring the completion of the Sam's Knob replacement restaurant by the 2007/08 winter season; The Minor PUD Amendment, as generally described in Exhibit "A" of the attached Ordinance No. 8, Series of 2007, was submitted by the Applicant on April 19, 2007, deemed complete for referral purposes as of April 26, 2007, and referred to applicable Town Staff and the Planning Commission as of April 27, 2007; On May 2, 2007, the Planning Commission reviewed the proposed Minor PUD Amendment and passed Resolution No. 7, Series of 2007 (reference the May 21, 2007 report for as needed), which provided recommendations to the Town Council that included suggestions for an expeditious review of the application, giving priority basis to the application, and not penalizing the applicant for such a delay considering that the Applicant needs to obtain approval from two jurisdictions and their desire to obtain LEED certification (Leadership in Energy and Environmental Design); The Minor PUD Amendment was scheduled for separate consideration from the accompanying Special Review application at the May 21, 2007 Council meeting; At the May 21, 2007 meeting, Council motioned Ordinance No. 8, Series of 2007, for the Minor PUD Amendment but did not take action upon such ordinance due to concerns expressed by the Council at the meeting; The public hearing for this item 2 was continued to June 18, 2007; However, the accompanying Special Review public hearing for the new restaurant project was continued to the August 6, 2007 meeting with the understanding that the Applicant would provide an update of the progress of the project at a subsequent Council meeting; At the June 18, 2007 meeting, Council voted to introduce, review and approve, as amended, the first reading of the ordinance. IV. APPLICABLE REGULATIONS Municipal Code review criteria which regulate the review and approval of Minor PUD Amendment include Municipal Code Section 16A-5-390(3), Review Standards, including reference to the General Restrictions outlined in Section 16A-5-300(c), and the Review Standards listed in Section 16A-5-310, which also includes reference to Article IV, Development Evaluation Standards, of the Land Use and Development Code. V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS Options: Approve the one-year extension for completing the restaurant. Pros: Applicant might be better able to complete the needed or desired approvals with the Town, the United States Forest Service (USFS) and possible LEED certification plus complete their coordination of final design drawings and the preparation of construction plans in a manageable fashion. Cons: Lack of a replacement restaurant on Sam's Knob for another year, making it three versus two years without a restaurant at that location. Option 2: Deny the one-year extension for completing the restaurant. Pros: Considering the Applicant's stated status of preparing for a possible application amendment and subsequent construction related constraints, such a denial might require the Applicant to construct the project in its current form and likely require the Applicant and Town to significantly rush the review and processing of the current accompanying Special Review application. At this point in the year, Staff does not believe the Applicant can build the project for next season. Cons: Considering the Applicant's stated constrained schedule status of preparing for a possible application amendment and subsequent construction coordination, such a denial might mean that the Applicant may not meet the deadline for constructing the restaurant this year anyway, which is probably the case since Council still needs to review the Special Review application for the new restaurant project. Option 3: With or in consideration of the above options, review whether the Applicant's latest proposal dated June 7, 2007 (Exhibit 'B' of the attached ordinance) for the planned interim facilities on Sam's Knob might be acceptable and that which relate proportionately with the deadline extension request. Pros: At this late stage in the planning and construction design process, a decision by Council at this meeting would likely assist the Applicant in preparing for the installation of the interim facilities on Sam's Knob since only six months away from intended completion date. 3 Cons: Accepting such interim facilities without knowing the status of the intended restaurant project amendment might pose a risk to the Town, especially if the Applicant is not able to obtain timely approvals from other affected jurisdictions. As requested by Council at the May 21, 2007 meeting, the Applicant plans to informally provide an update of their Special Review application amendment concerning the new restaurant project (as time did not permit at the June 18 meeting), but such information should not be considered as their formal application amendment at this time, especially since not submitted in time for the this packet. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments: Attachment 1: Edited version of Ordinance No. 8, Series of 2007 ("Ordinance 8"), pursuant to Town Council's discussions and action during the first reading of the ordinance on June 18, 2007, together with some minor Staff revisions. Attachment 2: Final version for the second reading of Ordinance 8 with Exhibit A" of the Applicant letter of description and justification with a vicinity map, Exhibit "B" of the Applicant's proposed interim facilities on Sam's Knob, and Exhibit "C" of the Applicant's proposed time line schedule for completion of the new replacement restaurant. VII. SUMMARY OF STAFF RECOMMENDATIONS AND FINDINGS At this stage in the planning of the new restaurant project and with the spring season already here, Staff recommends approving the second reading of attached Ordinance 8, as may be amended at the meeting, granting the Applicant's request for an extension of the deadline by one year, with the conditions noted, to complete the replacement restaurant pursuant to the Minor PUD Amendment application. VIII. NEXT STEPS Next Steps include: None, unless Council wishes to continue the public hearing of the second reading of the ordinance reading for further review. 4 I ATTACHMENT 1 2 3 TOWN OF SNOWMASS VILLAGE 4 TOWN COUNCIL 5 6 ORDINANCE NO. 8 7 SERIES OF 2007 8 9 AN ORDINANCE APPROVING A MINOR PLANNED UNIT DEVELOPMENT (PUD) to AMENDMENT PROPOSING EXTENSION OF THE DEADLINE TO COMPLETE THE 11 SAM'S KNOB REPLACEMENT RESTAURANT. 12 13 WHEREAS, the Aspen Skiing Company ("Applicant") submitted a Special Review 14 application for the proposed Sam's Knob replacement restaurant located on Snowmass 15 Mountain as required pursuant to Ordinance No. 2, Series of 2005, on January 24, 2007; 16 and 17 18 WHEREAS, the Planning Commission acted upon Resolution No. 5, Series of 19 2007, at a public hearing on March 21, 2007 that provided recommendations to the 20 Town Council on the Special Review application for the new restaurant; and 21 22 WHEREAS, on April 9, 2007, the Applicant submitted a letter requesting 23 continuance of the initial Town Council public hearing on April 16, 2007 for the Special 24 Review application until August 2007 and a separate request to extend the deadline for 25 constructing the restaurant by one year; and 26 27 WHEREAS, at the initial public hearing before the Town Council on April 16, 28 2007, the Council considered the two requests by the Applicant for continuance of the 29 hearing and extension of the deadline, the results being that the Town Council tabled a 30 motion to consider the Applicant's request to continue the public hearing to August 2007 31 and instead continued the public hearing in the interim to May 21, 2007 until a list could 32 be developed that outlined past-due Applicant commitments or obligations together with 33 a slate of possible remedies or mitigation for such outstanding matters; and 34 35 WHEREAS, the Applicant was instructed by Town Staff that an amendment to 36 the Final PUD via Ordinance No. 2, Series of 2005, including the PUD Guide, needed to 37 be submitted to formally request modification to the ordinance condition and PUD Guide 38 requiring the completion of the Sam's Knob replacement restaurant by the 2007/08 39 winter season; and 40 41 WHEREAS, the Minor PUD Amendment, as generally described in attached 42 Exhibit "A, was submitted by the Applicant on April 19, 2007, deemed complete for 43 referral purposes as of April 26, 2007, and referred to applicable Town Staff and the 44 Planning Commission as of April 27, 2007; and 45 46 WHEREAS, the Planning Commission acted upon Resolution No. 7, Series of 47 2007, at a public meeting held on May 2, 2007 that provided recommendations to the 4s Town Council on the Minor PUD Amendment proposing extension of the deadline for 49 completion of the Sam's Knob replacement restaurant; and 50 TC Ord 07-08 Page 2 of 5 51 WHEREAS, the Town Council was scheduled to review the Minor PUD 52 Amendment application, consider the recommendations of Town Staff, and receive 53 public comment thereon at a-public aaeetiaghearincts held on May 21, 2OW June 18, 54 and July 9, 2007 and to take action upon this ordinance; and 55 56 WHEREAS, the Minor PUD Amendment application was processed in 57 accordance with Section 16A-5-390 of the Municipal Code. 58 59 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of 60 Snowmass Village, as follows: 61 62 Section One: Finding . The Town Council finds that: 63 64 1) The Applicant submitted the application for the Minor PUD Amendment in 65 accordance with the provisions of the Municipal Code. 66 67 2) The application provided the "Minimum Contents" required pursuant to Sections 68 16A-5-220 and 230, and included appropriate materials in sufficient detail to 69 deem the application complete for initial review. 70 71 3) The Applicant has acceptably submitted supplemental information dated June 7. 72 2007 for consideration during the review process to present chances or updates 73 to the application for the primary purpose of responding to the concerns 74 expressed by the Town Council at a meeting on May 21, 2007. 75 76 34 All public hearing notification requirements, as specified within Section 16A-5- 77 60(b) of the Municipal Code, have been satisfied. 78 79 435) Pursuant to Condition #11 in Ordinance No. 2, Series of 2005, and restated in the 80 PUD Guide, it states: 'The Applicant shall install a replacement Sam's Knob 81 restaurant facility with a minimum of 125 indoor seats and an outdoor deck open 82 to the general public no later than the '07T08 winter season, in accordance with 83 the review procedures outlined in the PUD Guide" This application represents in 84 an acceptable manner the Applicant's response to that condition. 85 86 §36) Subject to addressing the recommendations in Section Three of this resolution, 87 the Minor PUD Amendment application, as more particularly described in 88 attached Exhibit "A," and incorporated herein by reference, is consistent with 89 Section 16A-5-390, Amendment of a Final PUD, of the Municipal Code, because: 90 91 a) The proposed Minor PUD Amendment remains consistent with the original 92 PUD in that a replacement restaurant is still proposed on Sam's Knob, albeit 93 proposed to be delayed; 94 b) The proposed amendment does not have a substantially adverse effect on 95 the neighborhood surrounding the land where the amendment is proposed, or 96 have a substantially adverse impact on the enjoyment of land abutting across 97 the subject property; 98 c) The proposed amendment would not change the basic character of the PUD 99 or surrounding areas; 100 d) The proposed amendment complies with the other applicable standards in 101 the Municipal Land Use and Development Code, Division 3, Planned Unit TC Ord 07-08 Page 3 of 5 102 Development, including but not limited to Section 16A-5-300(c), General 103 Restrictions, and Section 16A-5-310, Review Standards. 104 105 637) The Applicant satisfactorily provided at this time during a meeting on May 21, 2007 106 a time line, critical path chart or schedule of the replacement restaurant project to 107 document the approvals needed, deadlines and benchmarks, as further explained 108 in attached Exhibit "C" incorporated herein by reference. 109 1lo 738) The Town recognizes that the Applicant must obtain approval from the United 111 States Forest Service, which also has jurisdictional review and approval authority 112 for the project. 113 114 Section Two: Action. Pursuant to the findings stated in Section One of this resolution, 115 the Town Council approves the Minor PUD Amendment for the extension of the deadline 116 to construct the replacement Sam's Knob restaurant, subject to satisfactorily 117 implementing the conditions in Section Three of this ordinance. 118 119 Section Three: Conditions. The Town Council applies the following conditions to the 120 Minor PUD Amendment application: 121 122 1) Condition #11 in Ordinance No. 2, Series of 2005, and as reiterated in the PUD 123 Guide, shall be restated as follows: 124 125 The Applicant shall install a replacement Sam's Knob restaurant facility 126 with a minimum of 125 indoor seats and an outdoor deck open to the 127 general public no later than the 08/09 winter season, in accordance with 128 the review procedures outlined in the PUD Guide:' 129 130 2) The Applicant shall install temporary warming/dining facilities for the 07/08 winter 131 season on Sam's Knob. Such facilities shall consist of a minimum of one vurt to 132 two 24' x approximately 30 feet in diameter containing an interior serving 133 area, woodstove and seating with a total outdoor/indoor seating capacity of 134 appre*imat*at least 60 people during the holiday and peak season between 135 urine the operational running of either the 136 Village Express or the Sam's Knob Express lift, as further described and illustrated 137 in attached Exhibit "B" incorporated herein by reference. 138 139 3) The Applicant shall rearrange or improve the location as needed of the temporary 140 sanitary facilities on Sam's Knob in relation to the other interim facilities in 141 accordance with requirements of the Town's Building Department, the International 142 Building Code and/or the Pitkin County Health Department, and relocate the cookie 143 shack for the purpose of improving skier access and circulation prior to next year's 144 on-mountain operations in the 07/08 winter season and beyond, as generally 145 illustrated in plan view on attached Exhibit "B." 146 147 4) The Applicant shall attempt to obtain review and approval by all applicable 148 permitting agencies in a timely fashion, to the extent reasonable and practical, 149 concerning the interim facilities noted in Conditions #2 and #3 above. 150 151 5) Considering the Applicant's requirement to obtain review and approval of the 152 separate Sam's Knob replacement restaurant by two jurisdictions, the TC Ord 07-08 Page 4 of 5 153 accompanying Special Review application for the replacement restaurant shall be 154 given a priority basis for expeditious processing to the greatest extent feasible in 155 efforts to get the facility open and operational as soon as possible. 156 157 6) LEED (Leadership in Energy and Environmental Design) certification is an 158 important goal to be attained by the Applicant, but not to the extent of another 159 year's delay or lessening the quality of the building or the environmentally sensitive 160 nature of the building. 161 162 7) If the temporary facilities as described in Conditions 2 and 3 above are not installed 163 and fully operational via Town issuance of a temporary certificate of occupancy by 164 the time when either the Village Express or the Sam's Knob Express lift opens for 165 operation, then Town Council recommends that the Applicant be fined the 166 maximum of $1.000.00 per day, in accordance with the provisions in Section 1-72 167 of the Municipal Code, beginning the day either the Villaae Express or the Sam's 168 Knob Express lift opens for operation and until either one of the lifts closes in April 169 2008. 170 -7 171 -748) If the new replacement restaurant is not constructed and fully operational via Town 172 issuance of a certificate of occupancy by the time when 173 either the Village Express or the Sam's Knob Express lift opens for operation for the 174 08/09 winter season, then the Town Council recommends that the Applicant shall 175 be fined the maximum of $1,000.00 per day beginning DeGernber 13,the day 176 either the Village Express or the Sam's Knob Express lift opens for operation until 177 the replacement restaurant is built and fully operational under a Town issued 178 certificate of occupancy, but shall not be fined for more than one year pursuant to 179 Section 1-2772 of the Municipal Code. 180 181 90 If there is any unexpected delay in the process or progress of the project, either with 182 the United States Forest Service (USFS), LEED certification or other needed or 183 desired approvals, such delay or variance from the critical timeline as further 184 described and illustrated in attached Exhibit "C" shall be immediately reported to the 185 Town of Snowmass Village. 186 187 10 Communications of all necessary or available means shall be forwarded by the 188 Applicant, and the Town if necessary, to the general public to inform them of the 189 status of the replacement restaurant or other operations on the mountain. 190 191 Section Four: Severabilitv. If any provision of this Ordinance or application hereof to 192 any person or circumstance is held invalid, the invalidity shall not affect any other 193 provision or application of this Ordinance which can be given effect without the invalid 194 provision or application, and, to this end, the provisions of this Ordinance are severable. 195 196 INTRODUCED, READ, AND APPROVED, as amended, on first reading by the 197 Town Council of the Town of Snowmass Village, Colorado on this 18th day of June 198 2007, upon a motion made by Council Member Wilkinson and the second by Council 199 Member Sparhawk, upon a vote of 5 in favor and 0 against. 200 201 INTRODUCED, READ, AND ADOPTED on second reading by the Town Council 202 of the Town of Snowmass Village, Colorado on this 9th day of July 2007, upon a motion TC Ord 07-08 Page 5 of 5 203 made by Council Member and the second by Council Member 204 upon a vote of _in favor and _against. 205 206 TOWN OF SNOWMASS VILLAGE 207 208 209 210 Douglas Mercatoris, Mayor 211 ATTEST: 212 213 214 215 Rhonda B. Coxon, Town Clerk 216 217 APPROVED AS TO FORM: 218 219 220 221 John C. Dresser, Jr., Town Attorney 222 223 Referenced Exhibits: 224 Exhibit "A" —Applicant's letter of description and justification with vicinity map; 225 Exhibit `B"—Applicant's letter dated June 7, 2007 and sample photographs of the interim 226 facilities planned on Sam's Knob for the 07/08 winter season; and 227 Exhibit "C" —Applicant's schedule for completion of new replacement restaurant in 2008. I ATTACHMENT 2 3 TOWN OF SNOWMASS VILLAGE 4 TOWN COUNCIL 5 6 ORDINANCE NO. 8 7 SERIES OF 2007 8 9 AN ORDINANCE APPROVING A MINOR PLANNED UNIT DEVELOPMENT (PUD) 10 AMENDMENT PROPOSING EXTENSION OF THE DEADLINE TO COMPLETE THE I1 SAM'S KNOB REPLACEMENT RESTAURANT. 12 13 WHEREAS, the Aspen Skiing Company ("Applicant') submitted a Special Review 14 application for the proposed Sam's Knob replacement restaurant located on Snowmass 15 Mountain as required pursuant to Ordinance No. 2, Series of 2005, on January 24, 2007; 16 and 17 18 WHEREAS, the Planning Commission acted upon Resolution No. 5, Series of 19 2007, at a public hearing on March 21, 2007 that provided recommendations to the 20 Town Council on the Special Review application for the new restaurant; and 21 22 WHEREAS, on April 9, 2007, the Applicant submitted a letter requesting 23 continuance of the initial Town Council public hearing on April 16, 2007 for the Special 24 Review application until August 2007 and a separate request to extend the deadline for 25 constructing the restaurant by one year; and 26 27 WHEREAS, at the initial public hearing before the Town Council on April 16, 28 2007, the Council considered the two requests by the Applicant for continuance of the 29 hearing and extension of the deadline, the results being that the Town Council tabled a 30 motion to consider the Applicant's request to continue the public hearing to August 2007 31 and instead continued the public hearing in the interim to May 21, 2007 until a list could 32 be developed that outlined past-due Applicant commitments or obligations together with 33 a slate of possible remedies or mitigation for such outstanding matters; and 34 35 WHEREAS, the Applicant was instructed by Town Staff that an amendment to 36 the Final PUD via Ordinance No. 2, Series of 2005, including the PUD Guide, needed to 37 be submitted to formally request modification to the ordinance condition and PUD Guide 38 requiring the completion of the Sam's Knob replacement restaurant by the 2007/08 39 winter season; and 40 41 WHEREAS, the Minor PUD Amendment, as generally described in attached 42 Exhibit 'A, was submitted by the Applicant on April 19, 2007, deemed complete for 43 referral purposes as of April 26, 2007, and referred to applicable Town Staff and the 44 Planning Commission as of April 27, 2007; and 45 46 WHEREAS, the Planning Commission acted upon Resolution No. 7, Series of 47 2007, at a public meeting held on May 2, 2007 that provided recommendations to the 48 Town Council on the Minor PUD Amendment proposing extension of the deadline for 49 completion of the Sam's Knob replacement restaurant; and 50 TC Ord 07-08 Page 2 of 5 51 WHEREAS, the Town Council was scheduled to review the Minor PUD 52 Amendment application, consider the recommendations of Town Staff, and receive 53 public comment thereon at public hearings held on May 21, , June 18, and July 9, 2007 54 and to take action upon this ordinance; and 55 56 WHEREAS, the Minor PUD Amendment application was processed in 57 accordance with Section 16A-5-390 of the Municipal Code. 58 59 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of 60 Snowmass Village, as follows: 61 62 Section One: Findings. The Town Council finds that: 63 64 1) The Applicant submitted the application for the Minor PUD Amendment in 65 accordance with the provisions of the Municipal Code. 66 67 2) The application provided the "Minimum Contents" required pursuant to Sections 68 16A-5-220 and 230, and included appropriate materials in sufficient detail to 69 deem the application complete for initial review. 70 71 3) The Applicant has acceptably submitted supplemental information dated June 7, 72 2007 for consideration during the review process to present changes or updates 73 to the application for the primary purpose of responding to the concerns 74 expressed by the Town Council at a meeting on May 21, 2007. 75 76 4) All public hearing notification requirements, as specified within Section 16A-5- 77 60(b) of the Municipal Code, have been satisfied. 78 79 5) Pursuant to Condition #11 in Ordinance No. 2, Series of 2005, and restated in the 80 PUD Guide, it states: 'The Applicant shall install a replacement Sam's Knob 81 restaurant facility with a minimum of 125 indoor seats and an outdoor deck open 82 to the general public no later than the '07/'08 winter season, in accordance with 83 the review procedures outlined in the PUD Guide:' This application represents in 84 an acceptable manner the Applicant's response to that condition. 85 86 6) Subject to addressing the recommendations in Section Three of this resolution, 87 the Minor PUD Amendment application, as more particularly described in 88 attached Exhibit "A," and incorporated herein by reference, is consistent with 89 Section 16A-5-390, Amendment of a Final PUD, of the Municipal Code, because: 90 91 a) The proposed Minor PUD Amendment remains consistent with the original 92 PUD in that a replacement restaurant is still proposed on Sam's Knob, albeit 93 proposed to be delayed; 94 b) The proposed amendment does not have a substantially adverse effect on 95 the neighborhood surrounding the land where the amendment is proposed, or 96 have a substantially adverse impact on the enjoyment of land abutting across 97 the subject property; 98 c) The proposed amendment would not change the basic character of the PUD 99 or surrounding areas; 100 d) The proposed amendment complies with the other applicable standards in 101 the Municipal Land Use and Development Code, Division 3, Planned Unit TC Ord 07-08 Page 3 of 5 102 Development, including but not limited to Section 16A-5-300(c), General 103 Restrictions, and Section 16A-5-310, Review Standards. 104 105 7) The Applicant satisfactorily provided at this time during a meeting on May 21, 2007 106 a time line, critical path chart or schedule of the replacement restaurant project to 107 document the approvals needed, deadlines and benchmarks, as further explained 108 in attached Exhibit "C" incorporated herein by reference. 109 110 8) The Town recognizes that the Applicant must obtain approval from the United III States Forest Service, which also has jurisdictional review and approval authority 112 for the project. 113 114 Section Two: Action. Pursuant to the findings stated in Section One of this resolution, 115 the Town Council approves the Minor PUD Amendment for the extension of the deadline 116 to construct the replacement Sam's Knob restaurant, subject to satisfactorily 117 implementing the conditions in Section Three of this ordinance. Its 1 I9 Section Three: Conditions. The Town Council applies the following conditions to the 120 Minor PUD Amendment application: 121 122 1) Condition #11 in Ordinance No. 2, Series of 2005, and as reiterated in the PUD 123 Guide, shall be restated as follows: 124 125 The Applicant shall install a replacement Sam's Knob restaurant facility 126 with a minimum of 125 indoor seats and an outdoor deck open to the 127 general public no later than the 08/09 winter season, in accordance with 128 the review procedures outlined in the PUD Guide" 129 13o 2) The Applicant shall install temporary warming/dining facilities for the 07/08 winter 131 season on Sam's Knob. Such facilities shall consist of a minimum of one yurt 132 approximately 30 feet in diameter containing an interior serving area, woodstove 133 and seating with a total outdoor/indoor seating capacity of at least 60 people during 134 the holiday and peak season during the operational running of either the Village 135 Express or the Sam's Knob Express lift, as further described and illustrated in 136 attached Exhibit "B" incorporated herein by reference. 137 138 3) The Applicant shall rearrange or improve the location as needed of the temporary 139 sanitary facilities on Sam's Knob in relation to the other interim facilities, in 140 accordance with requirements of the Town's Building Department, the International 141 Building Code and/or the Pitkin County Health Department, and relocate the cookie 142 shack for the purpose of improving skier access and circulation prior to next year's 143 on-mountain operations in the 07/08 winter season and beyond, as generally 144 illustrated in plan view on attached Exhibit"B" 145 146 4) The Applicant shall attempt to obtain review and approval by all applicable 147 permitting agencies in a timely fashion, to the extent reasonable and practical, 148 concerning the interim facilities noted in Conditions #2 and #3 above. 149 150 5) Considering the Applicant's requirement to obtain review and approval of the 151 separate Sam's Knob replacement restaurant by two jurisdictions, the 152 accompanying Special Review application for the replacement restaurant shall be TC Ord 07-08 Page 4 of 5 153 given a priority basis for expeditious processing to the greatest extent feasible in 154 efforts to get the facility open and operational as soon as possible. 155 156 6) LEED (Leadership in Energy and Environmental Design) certification is an 157 important goal to be attained by the Applicant, but not to the extent of another 158 year's delay or lessening the quality of the building or the environmentally sensitive 159 nature of the building. 160 161 7) If the temporary facilities as described in Conditions 2 and 3 above are not installed 162 and fully operational via Town issuance of a temporary certificate of occupancy by 163 the time when either the Village Express or the Sam's Knob Express lift opens for 164 operation, then Town Council recommends that the Applicant be fined the 165 maximum of $1,000.00 per day, in accordance with the provisions in Section 1-72 166 of the Municipal Code, beginning the day either the Village Express or the Sam's 167 Knob Express lift opens for operation and until either one of the lifts closes in April 168 2008. 169 170 8) If the new replacement restaurant is not constructed and fully operational via Town 171 issuance of a certificate of occupancy by the time when either the Village Express 172 or the Sam's Knob Express lift opens for operation for the 08/09 winter season, then 173 the Town Council recommends that the Applicant be fined the maximum of 174 1,000.00 per day beginning the day either the Village Express or the Sam's Knob 175 Express lift opens for operation until the replacement restaurant is built and fully 176 operational under a Town issued certificate of occupancy, but shall not be fined for 177 more than one year pursuant to Section 1-72 of the Municipal Code. 178 179 9) If there is any unexpected delay in the process or progress of the project, either with 180 the United States Forest Service (USFS), LEED certification or other needed or 181 desired approvals, such delay or variance from the critical timeline as further 182 described and illustrated in attached Exhibit "C" shall be immediately reported to the 183 Town of Snowmass Village. 184 185 10) Communications of all necessary or available means shall be forwarded by the 186 Applicant, and the Town if necessary, to the general public to inform them of the 187 status of the replacement restaurant or other operations on the mountain. 188 189 Section Four: Severability. If any provision of this Ordinance or application hereof to 190 any person or circumstance is held invalid, the invalidity shall not affect any other 191 provision or application of this Ordinance which can be given effect without the invalid 192 provision or application, and, to this end, the provisions of this Ordinance are severable. 193 194 INTRODUCED, READ, AND APPROVED, as amended, on first reading by the 195 Town Council of the Town of Snowmass Village, Colorado on this 18th day of June 196 2007, upon a motion made by Council Member Wilkinson and the second by Council 197 Member Sparhawk, upon a vote of 5 in favor and 0 against. 198 199 INTRODUCED, READ, AND ADOPTED on second reading by the Town Council 200 of the Town of Snowmass Village, Colorado on this 9th day of July 2007, upon a motion 201 made by Council Member and the second by Council Member 202 upon a vote of_in favor and _against. 203 TC Ord 07-08 Page 5 of 5 204 TOWN OF SNOWMASS VILLAGE 205 206 207 208 Douglas Mercatoris, Mayor 209 ATTEST: 210 211 212 213 Rhonda B. Coxon, Town Clerk 214 215 APPROVED AS TO FORM: 216 217 218 219 John C. Dresser, Jr., Town Attorney 220 221 Referenced Exhibits: 222 Exhibit "A" —Applicant's letter of description and justification with vicinity map; 223 Exhibit "B" —Applicant's letter dated June 7, 2007 and sample photographs of the interim 224 facilities planned on Sam's Knob for the 07/08 winter season; and 225 Exhibit "C" —Applicant's schedule for completion of new replacement restaurant in 2008. EXHIBIT "A" TC Ord 07-8 Page 1 of 3 Sam's Knob Restaurant/Snowmass Ski Area Minor PUD Amendment Application Description of Proposal This application requests a Minor PUD Amendment to the Snowmass Ski Aiea PUD to provide for a one year extension to the commitment to install a replacement restaurant facility at Sam's Knob by the 07/08 ski season as listed in the conditions of approval and PUD Guide of Ordinance 2-2005. CE Application Contents APR ! J 2007 1. Disclosure of ownership and legal description Ietter Sndwmass Vtllagt 2. Vicinity map CornmtU94 Dft*pni,. I 3. Existing conditions survey 4. Application fee agreement 5. Application fee Review Standards Changed Circumstances. The request is made because Aspen Skiing Company will not be able to construct therestaurant during the 2007 construction season as has been planned. Schedule delays,green building guidelines, and cost increases are the factors behind our request. The Sam's Knob restaurant is reviewed under two jurisdictions, the Town and the US Forest Service. When our initial restaurant design was rejected by the Forest Service in July 2006 we were forced to completely redesign the restaurant. This redesign has set our schedule back an entire year, and while we have been working diligently under an accelerated timeline, it is now clear that we are too far behind on our design and entitlement schedule to complete the project in 2007. The second issue driving the construction delay is our internal design criteria,calling for an environmentally progressive building that will meet LEED certification specifications. The accelerated design process would have prevented us from attaining LEED certification of the building. Finally,pricing for the project increased sixty percent(601/1o)between January and the end ofMarch,exceeding the budget and severely compromising the economics of the project. Extending this deadline will allow us to re-examine building systems and redesign portions of the building to bring project costs back in line. We remain committed to delivering a quality facility that is environmentally sensitive and that meets the expectations of the community and our guests. Sam's Knob Pmstaumt/Snowmass Ski Area Minor PUD Amendment Application Page I EXHIBIT "All TC Ord 07-8 Page 2 of 3 Consistent with original PUD. The proposed amendment is consistent with the original PUD approval; only the timing of Sam's Knob restaurant delivery is affected, and by one season. No substantially adverse impact. The request does not provide a substantially adverse impact to the Town. The ski area has operated for the past two seasons without a restaurant at Sam's Knob, and there has been no substantially adverse impact to the Town or to our guests during that period. It is reasonable to expect that a third season of operations without the restaurant will also not substantially adversely impact the Town. No change to character. The proposed amendment does not change the basic character of the PUD or surrounding areas; only the timing ofthe installation of the replacement facility is affected. The restaurant design will be reviewed by the Town via the Special Review process. Comply with other applicable standards. The proposed amendment does not affect other applicable standards ofArticle V,Division 3;Planned Unit Development including but not limited to Section 16A-5-300(c)General Restrictions and Section 16A-5-310;Review Standards. RECEIVED APR S 2007 lawmass Y!!age Sam's Knob Pe tzumnt/Snowmass Ski Area Minor PUD Amendment Application Page 2 EXHIBIT "A" TC Ord 07-8 f Page 3 of 3 A 1 J ' P f 77- A ft P f T Vicinity Map L4SPEN ct,)$N OWMASS Sam's Knob Restaurant snow;=$ mouyqtoin May 5. 2006 SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK A S P F N q)S N®W M A S& ASPEN SKIING COMPANY EXHIBIT "B" TC Ord 07-8 Pagel of 4 Jim Wahlstrom Town of Snowmass Village PO Box 5010 Snowmass Village, CO 8161 June 7, 2007 Dear Jim; I am submitting for your consideration this letter addendum to our Minor PUD Amendment application for Sam's Knob Restaurant/ Snowmass Ski Area. This letter details our proposal to provide temporary dining/warming facilities at the top of Sam's Knob for the 2007/08 ski season in response to concerns raised by Town Council members during our May 21, 2007 hearing. The proposed temporary facilities will consist of one to two 24'-30' diameter yurts containing an interior serving area, woodstove and seating. Total indoor/outdoor seating capacity will be provided approximately 60 people. The indoor seating and food service will be available daily during the holiday and peak season(roughly from December 20 through March 27). Outdoor searing and dining will be available on good weather days. A site plan outlining the proposed temporary facilities is included with this letter, as are sample images of yurt exterior and interior finishes. The indoor menu will consist ofpre-prepared sandwiches, soup, salads and snacks, along with hot chocolate, coffee and cold beverages. On good weather days, a bbq may be used outside to provide hamburgers, hot dogs and other grilled items. Aspen Skiing Company would like to be able to provide beer and wine at the Sam's Knob temporary facilities and requests the Town Council's endorsement of this proposal for use during licensing discussions with the Snowmass Village Liquor Licensing Authority. It is Aspen Skiing Company's intent to provide these facilities for the 07/08 season. However, numerous approvals are required that may impact the timing of delivery as well as the final character of the operation and the facilities. The US Forest Service is the pre- eminent jurisdiction for activities taking place at Sam's Knob and will require review and approval of any plans regarding temporary facilities. The Town of Snowmass Village Building Department and Liquor Licensing Authority, as well as the Pitkin County Health Department, will also have to review and approve plans for temporary facilities at Sam's Knob. r -; , ,,,-T P.O.Box 1248 R-J..,,•:iVED, Aspen,CO 81612.1248 970.925-1220 12007JJ., www.aspensnowgiass.com Pon don R"M hW.. S?rV r-e:s\r;!age Community Development EXHIBIT "B" TC Ord 07-8 Page 2 of 4 Based on our addendum proposal,we are proposing that the language of Condition #11 in Ordinance No. 2, Series of 2005 and restated in the PUD Guide be amended as follows changes are in italics): The Applicant shall install a replacement Sam's Knob restaurant facility with a minimum of 125 indoor seats and an outdoor deck open to the general public no later than the 'QW'08 08109 winter season, in accordance with the review procedures outlined in the PUD Guide. In addition the Applicant shall install temporary warming/diningfacilities for the 07108 winter season. Each installation shall be subject to timely review and approval by all applicable permitting agencies, including but not limited to the US Forest Service, Town of Snowmass Village Planning and Building Departments, and the Pitkin County Health Department. " I am submitting twelve copies ofthis addendum per your request. Please don't hesitate to ontact me at(970) 923-8758 if I can answer any questions or otherwise assist in the r view of this application. i c ely, Chris Ki 2 v t k x;v A+ N r A Z yyr 1 4w C , St w y. t L.+. r fit W5, 6 l t.. a NSCU yK% gypst. • a, iy r H' F IT, m 5s Sam' s Knob 07/ 08 Proposed Temporary Facilition iS Ji Village Express t' fry • Sam' s Knob 4 A i t M t:. X y ' m n = k Patrol Aa J Bathrooms M1 1- 2 yurts with food service and approx. 60 person indoor/ outdoor r capacity t a Outdoor seating area with bbq 8 not to scale i Schedule Next steps: 1 . Floor plan design alternatives 2. Revisit construction means and methods modular, offsite construction) 3. Price design alternatives M 4. Conclude entitlements with Town Council and USFS 8 _o - 5. Construction document drawings 6. Building permit review N " 0 7. Contractor and subcontractor selection 8. Break ground: excavation, foundation It is not likely that these steps will be completed in time to break ground this summer. Construct restaurant between April - Dec 2008 Schedule Juno 1JUIV 1A. 9 ts E OtletaV November 5 I W13 1 5M 1 711 / 7115 17= 1 / I t 9It d fl 1/11 V C GoMepUUI Redaslgn aw I Rookingf COMSMCbDiW DD SC review 7OSV Amu MmMk SV Sb% nvkw t V Town tifmM91twkw V OMkte Ptennbg CPmmbcbn V Ttwm Co Cn mhw ad SC 1 1 m I D, n2 1 2 O W 1 N Q 2 I IV 1_ __ _ ___ ____ _____ __ _ ____________ ____ ____ ____________ __ _ -- -------- ---- --- n 1 Demmber Jams Febm Mam JAMI Imft 1J.. Jul 1 1P f 1 I1 U ! T t ] 1 A i 1 i 1 1 1 1 jf I 1 1 1 1 1——— nnettuetl. DooumoM ISD: CDC - 9V Building PormR rwiow 9T/. CD 1 Inr mntl atM NOe Icavatloa( UMklos Fo ntlabon MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: July 9, 2007 SUBJECT: FIRST READING OF ORDINANCE NO. 14, SERIES OF 2007 — AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30%) WITHIN LOT 28, PARCEL G-THE PINES, EAST VILLAGE PUD Pursuant to Section 16A-4-50, Geologic hazard areas, steep slopes and ridgeline protection areas, Town of Snowmass Village Municipal Code Municipal Code"), Applicant is seeking approval to construct a single- family residence on slopes greater than thirty percent (30%) within the platted building envelope of Lot 28, Parcel G-The Pines, East Village Planned Unit Development. Applicant: Mr. Sanford Miller Representatives: Thomas Epps, Thomas Epps Architect (TEA) Craig Burger, P.E., CTL Thompson Planner: Bob Nevins, Town of Snowmass Village I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL Since steep slopes are prone to erosion and soil instability, are difficult to revegetate and may also be subject to geologic hazards, Municipal Code Section 16A-4-50 ensures that development does not occur on slopes that are excessively steep, unstable or hazardous. The current Municipal Code prohibits development on slopes greater than thirty percent (30%), except in certain circumstances. Development may be allowed on lots and within approved building envelopes containing areas of slopes greater than thirty percent (30%) if the lot was subdivided prior to January 1, 1987 or other circumstances. Lot 28, The Pines was platted October 15, 1994 and the building envelope contains slopes thirty percent(30%) or greater. Pursuant to Municipal Code Section 16A-4-50(d)(4) Other circumstances, Town Council may authorize development on slopes greater than thirty percent (30%)for this type of situation. Applicant, owner of Lot 28, The Pines, is seeking authorization from Town Council to construct a single-family house within the existing, platted building envelope on slopes thirty percent(30%) or greater. Town Council shall approve, approve with conditions or deny first reading of the Ordinance. Note: Action requires three-quarters (3/4) of the members of the Town Council present and voting to approve the Ordinance. There are no public notice requirements for this type of application. II.SUMMARY OF PROJECT DESCRIPTION The undeveloped single-family lot contains approximately 37,766 square feet 0.867 acres) within the MU/PUD Mixed Used Planned Unit Development zone district. The allowable FAR is 5,500 square feet and the maximum height for principal buildings is twenty-eight(28)feet. The lot is bounded on three (3) sides by Mountain Crest Lane. Applicant is requesting approval to construct a new, single-family residence within the existing, platted building envelope (see Attachment 1-Land Use Application). The approved envelope contains slopes thirty percent(30%) or greater. The steep slopes are located within the central portion of the site so it is not practical to entirely relocate or reconfigure the building envelope onto gentler slopes. Natural slopes on the site are between fifteen and fifty percent (15-50%). III. BACKGROUND The East Village Planned Unit Development was platted in 1994 and includes The Pines and Two Creeks Subdivisions. The Pines contains fifty-one (51) single-family home sites ranging in size from 0.472 to 15.772 acres. All lots have a designated Major Structure Location Envelope (building envelope) within which all site improvements are to be located. The Site Characteristics Plan for the East Village PUD identified those areas having thirty percent(30%) or greater slopes; Lot 28 was shown as having no steep slopes (see Attachment 2). Town Council has approved other recent requests to develop on slopes greater than thirty percent (30%) within previously approved building envelopes on lots subdivided after January 1, 1987. These approvals include: Lot 34, The Pines TC Ordinance No. 14, Series of 2003)and Lot 36, The Pines (TC Ordinance No. 14, Series of 2005). IV. APPLICABLE REGULATIONS Municipal Code Section 16A-4-50(d)(4) Other circumstances states "The Town Council may authorize development on slopes greater than thirty percent (30%) in circumstances not listed above if at least three-quarters (%) of the members of the Town Council present and voting approve an ordinance finding that: a. The development is unable to avoid the steep slopes, and the reasons therefore; and b. On the basis of competent engineering or geologic reports and data and testimony received, the design and/or construction techniques that will be incorporated within the development will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare. Additionally, Municipal Code Section 16A-4-50(d)(5) Engineer's opinion requires For the Town to allow development under any of the above circumstances, the applicant shall provide an opinion from a professional geotechnical engineer licensed in the State stating that: a. The slope is not prone to instability or failure; or b. The proposed development will not cause greater slope instability or increase the potential for slope failure, and that therefore, there will be no significant risk that damage to adjacent property will result from the proposed construction." A Slope Stability Assessment by Craig A. Burger, P.E. of CTL Thompson, Inc. is attached as Exhibit A. The proposed Site/Grading Plan and Section are included as Exhibit B. V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS A. Is it feasible to develop a single-family home within the platted building envelope; are development and environmental impacts addressed to minimize slope instability and safety hazards? i. Option 1-Utilize existing platted building envelope 1. Pros: Based on the site geologic conditions, the proposed residence is feasible with minimal risks; proposed building steps" down the hillside to minimize cuts/fills; and visual impacts from Mountain Crest Lane are minimized. 2. Cons: Building area contains some areas having thirty percent 30%) or greater slopes. B. Is it practical to relocate or reconfigure the existing platted building envelope to minimize development and environmental impacts without increasing slope instability and safety hazards? ii. Option 2-Relocate or reconfigure existing, platted building envelope 1. Pros: May decrease the total area of thirty percent(30%) slopes within the revised building envelope. 2. Cons: A revised building envelope would still contain slopes greater than thirty percent (30%); the building would still be required to "step" down the hillside to minimize cuts/fills; visual impacts to adjoining lots may be increased; and a replatting of the building envelope would be required. VI. STAFF RECOMMENDATIONS AND FINDINGS For Town Council to authorize development on slopes thirty percent(30%) or greater within a building envelope of a lot platted after January 1, 1987, an Applicant must satisfy the standards set forth in Municipal Code Section 16A-4- 50(d)(4) as detailed in Section IV above. Based on a review of the application, the proposed plans/sections and engineer's letter, Staff believes: a. The development is unable to avoid the steep slopes, and that is impractical to relocate or reconfigure the building envelope to lessen the amount of area with thirty percent(30%) slopes or minimize the impacts; and b. The development will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare based on the information and plans provided. Therefore, Staff recommends: Approve first reading of the Ordinance by three-quarters (3/4) of the members of the Town Council present and voting. VII. NEXT STEPS If Option 1 passes-set a date for second reading of the Ordinance. If Option 2 passes-establish the required information that needs to be submitted; amend the application; and set a date for second reading of the Ordinance. Attachments: Attachment 1-Land Use Application Attachment 2-Site Characteristics Plan Town Council Ordinance No. 14, Series of 2007 Exhibit A-Slope Stability Assessment Letter Exhibit B-Site/Grading Plan and Building Section ATTACHMENT APPLICATION TOWN OF SNOWMASS VILLAGE VARIANCE PLANNING COMMISSION APPLICATION A variance is a deviation from the standards of the Snowmass Village Municipal Code (the "Code") that is necessitated by special circumstances or conditions (such as exceptional topography, or the narrowness, shallowness or shape of a particular piece of property), that would create practical difficulties for, or an unusual hardship upon, the owners of the land if the provision of the Code were to be strictly enforced. Any variance shall be the minimum adjustment necessary for the reasonable use of the land or structure. GENERAL DATA REQUIREMENTS Date: 0& 07 Name of Owner: MR, SW Address: 32118 Phone: Solo 238-7035 OFMce Name of Applicant(if different than owner): 1 HpMAS E Address: LON&MONT p CO I Phone: Pj5- $(o8 Gpf4CE Physical Address of Prope : 05 MASS V1t,1~ Cb Legal Description: SOT 21D -*U* flhr'S EXISTING CONDITION INFORMATION Present Zoning: MSIDWMAMA Lot Area(sq.ft.): 3-117(0!re,5z Building Setbacks(ft.): Allowable Floor Area Ratio per Zoning or PUD Plan: j1 SW SE Square Footage of All Areas Calculated as Floor Area by Code: Existing Building Height(if applicable): 1 of Parking Spaces and Bedrooms(if applicable): PROPOSAL DATA Only fill in those that apply) Proposed Building Setbacks: Proposed Floor Area: IF4 Spp $F Proposed Building Height: 2b ITT MAIL, HT. Proposed#of Parking Spaces: /j SI°AC09 Other. PAGE 1 VARIANCE PROVIDE A WRITTEN DESCRIPTION OF YOUR PROPOSED VARIANCE WE New Wt., P'Pr'WALo 'M CON Mk)Cr A 91N%e-F0#A1W RMSIDENcP. &F 5, SF WMAIN AN WILDING W.%lVMAWrR AT Wt SS-1He FINE5 SUSICAViM040 PROVIDE THE FOLLOWING ADDITIONAL INFORMATION 1. Disclosure of Ownership. A certificate from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages,judgments, liens, contracts, easements or agreements of record that affect the property. At the Town's option, the holders or owners of such mortgages,judgments, liens, contracts, easements or agreements of record may be required to consent to the application before it is acted upon by the Town. 2. Vicinity Map. An eight and one-half inch by eleven inch (8 1/2"x 11")vicinity map locating the subject parcel within the Town of Snowmass Village. 3. Other Maps. All other maps required for the application shall be prepared at a scale of one inch equals one hundred feet(1" = 109) or larger, on sheets no larger than thirty inches by forty-two inches(39'x 42"),with an unencumbered margin of one and one-half inches(1.5") on the left hand side of the sheet and one-half inch (0.5")around the other three(3)sides of the sheet. Sheets of twenty-four by thirty-six inches (24" x 36") are preferred. If it is necessary to place information on more than one (1) sheet, an index shall be included on the first sheet. Report-size versions of all maps, reduced to a sheet size of no greater than eleven inches by seventeen inches(11"x 1T'), shall also be submitted. 4.Site Plan. A site plan of the subject property, showing existing improvements and proposed development features that are relevant to the review of the proposed variance application. 5.Base Fee.The application shall be accompanied by the applicable base fee from the Building and Planning Department's fee schedule. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Planning Director. The reimbursement to the Town by the applicant shall be due and payable within fifteen (15)days of the date of billing. 6.Other Information.The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed variance, such as proposed building elevations. NO APPLICATION WILL BE PROCESSED UNTIL ALL REQUIRED INFORMATION IS PROVIDED. REVIEW STANDARDS An application for a variance shall comply with all of the following standards: 1.Special Circumstances Exist. There are special circumstances or conditions, such as exceptional topography, or the narrowness, shallowness, or shape of the property, that are peculiar to the land or building for which the variance is sought, and do not apply generally to land or buildings in the.neighborhood. PAGE 2 VARIANCE 2,Not Result of Applicant. The special circumstances and conditions have not resulted from any act of the applicant. 3.Strict Application Causes Practical Difficulties. The special circumstances and conditions are such that the strict application of the provisions of this Development Code would result in practical difficulties to an undue hardship upon the use of the land or building. 4.Necessary to Relieve Practical Difficulties.The granting of the variance is necessary to relieve the applicant of the practical difficulties and undue hardship in the use of the land or building and is the minimum variance that could be granted to achieve said relief. 5.Not Adversely Affect Neighborhood. The granting of the variance will not change the character or otherwise adversely affect the neighborhood surrounding the land where the variance is proposed, will not have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the property in question, will not impair an adequate supply of light or air to adjacent property, will not increase the danger of fire or otherwise endanger public safety or the public interest, and will not substantially diminish or impair property values within the neighborhood. 6.Harmony with Development Code. The granting of the variance will be in harmony with the purposes and intent of this Development Code, including the intent of the underlying zone district. No variance shall be approved that permits the construction or enlargement of any building or decks and related structures for any use prohibited in the underlying zone district. 7.Consistent with Comprehensive Plan, The granting of the variance will be consistent with the intent of the Comprehensive Plan. HOW DOES YOUR APPLICATION COMPLY WITH THE REVIEW STANDARDS? For your information: the Town Planner, Planning Commission or Town Council shall not grant a variance from the provisions of the Code unless, based on the evidence presented, the proposal is found to be consistent with all of the review standards of the Snowmass Village Municipal Code.) 1. Special Circumstances: we NFL PLAilrao WALONG Ldf26- E s sco Q e o . m DO- 2. Result of Applicant Ei4 #46 wt:e WERE N" ftwLTAW of CWHOR oR Arm CA HTI 3. Practical Difficulties: a4 pATMD WIZ 5 oT V tL 4. Relief from Difficulties: PAGE VARIANCE WOE Nta °rue oft4c 1i7 % A RG4W 99 IMIS NEW Z5 AT A alb IM 5. Impact on Neighborhood: r t3I WILL ft Nb IMPACT 09 IN9 NE16Nt'oRF1 0 1 WIIAs rVNMIK1y1 To WWAA6 GmIVDIMCNS of 6. Harmony with Code: we Wtw 44M&PL,Y Wr>w AIL, AFFROVFD MUMCI F%1. COWS . 7. Consistent with g en C000mpreheensive Plan: LOW CWyes tXn, RULES OF PROCEDURE The following procedures shall apply to an application for a variance (see attached figure: Variance Application Procedures). 1.Pre-Application Conference. Attendance at a pre-application conference is optional prior to submission of a variance application. 2. Submission of Application. The applicant shall submit an application to the Planning Department 3.Staff Review. Staff review of the application. 4.Action By Planning Commission. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. Public notice that the Planning Commission will consider the.application shall be given by publication, posting and mailing notice. The Planning Commission shall hold a public hearing to consider the application, which shall be conducted pursuant to Section 5-160 (B) of the Code. The Planning Commission shall consider all relevant materials and testimony, shall consider the variance standards of the Code, and shall approve, approve with conditions, or deny the application. 5. Appeal. A decision by the Planning Commission on a variance application may be appealed, pursuant to Section 5-170 of the Code. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Section 5-170(D)of the Code. MANNER AND TIMING OF PUBLIC NOTICE Public notice is required and shall be given by publication of notice in the newspaper, mailing of notice to property owners surrounding the subject property, and posting of notice on the property, as specified below. PAGE VARIANCE I IN EMNSINAll u n r.- Aa uI NNs.Y. YrwuY.awu etYYYnY\ w Kld__ M 1 SuY\SY'\\#\-'• ItYI Wit! IPI 111 INN- ti I• rte Y ^ iU'irY 1 Y'Y\IdI LFiN f Yl/!!; R•.1'\t._-w\-rIJ dip. y Z YYHYY tYYr Y.M Y__YS- I IIL I%,'l,.1A J _ tr+--' `'sY ull w>. Yew• / v'r L SINI / Mt•S lA i I 11 YY TY/.tiYl rrwlllArYrZTZ`' iS'Y! iY I MN/Ndp il Zls i— YIIDI NOUN 1•.I-r1I.1'l aR t ' el(YVI/1'/ 1.--I r > 7Yr/1.1I l Yi1 to l• ass- I-- S urlfl r vwr _ U/rl 4i IIMIrl.1. YY1F i4- 1•r 1Mi r! awl ' II/:1I 1 Drdllwl Yr I iJ as Yo c Y.M IwI i rlrYwr ilnl, w /onr Irrr I NN Iw1NMrI/r'L YY V /D/1rY- an' v mold wool s'I Fa 1is. Y_S . i_RMI xa\arr 1/,i war wlcwr' MOM`rI wow era ItlW® awwr r'r lip" NISSEN,. 1, f•. YIi ` plc r srar>. lr N r %/ii w i ' i i..Za r;CiNEW el i I maw mmommMn MI 7t VA 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 14 5 SERIES OF 2007 6 7 AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER 8 THAN THIRTY PERCENT (30%) WITHIN LOT 28, PARCEL G-THE PINES, 9 EAST VILLAGE PUD. 10 11 WHEREAS, Town Council Ordinance No. 6, Series of 1994 ("Ordinance 12 6"), granted approval for the East Village Planned Unit Development ("East Village 13 PUD") thereby authorizing the platting and sale of fifty-one (51) single- family 14 residential lots within Parcel G —The Pines; and 15 16 WHEREAS, a building permit application has been filed with the Town of 17 Snowmass Village (the 'Town") Building Department requesting approval to 18 construct a single-family residence within Lot 28, Parcel G-The Pines; and 19 20 WHEREAS, a review of the site plan and topographic information that was 21 submitted with the permit application, attached hereto as Exhibit "A", indicates that 22 the proposed residence, driveway and portions of the parking area are located 23 within areas containing slopes greater than thirty percent (30%); and 24 25 WHEREAS, Paragraph 6 of Section Two, Action, of Ordinance 6 approved 26 the construction of roads within the subdivision across slopes in excess of thirty 27 percent (30%) only as identified in the application; and 28 29 WHEREAS, said Ordinance did not address the probability that areas within 30 the platted lots may contain slopes greater than thirty percent (30%), Chapter 16 31 of the Town of Snowmass Village Municipal Code ("Municipal Code") in effect at 32 that time did permit driveways to cross thirty percent (30%) slopes, provided 33 approval was given by the Town Council; and 34 35 WHEREAS, Section 16A-4-50(d)(4) of the current Municipal Code enables 36 the Town Council to authorize development on slopes greater than thirty percent 37 (30%) in circumstances such as those presented by the site plan and topographic 38 information if at least three-quarters (3/a) of the members of the Town Council 39 present and voting approve an ordinance finding that: a) the development is unable 40 to avoid the steep slopes, and the reasons therefore; and b) on the basis of 41 competent engineering or geologic reports and data and testimony received, the 42 design and/or construction techniques that will be incorporated within the 43 development will satisfactorily mitigate the risk of potential harm to the public 44 health, safety or welfare; and 45 TC Ord 07-14 Page 2 46 WHEREAS, the Town Council has considered the Applicant's written 47 responses to Municipal Code Section 16A-4-50(a) from Thomas Epps Architect 48 (TEA), attached hereto as Exhibit "B" and Municipal Code Section 16A-4-50(b) 49 regarding site/slope stability analysis from CTL Thompson, Incorporated, attached 50 hereto as Exhibit "C" and the recommendations of the Town Planning Staff; and 51 52 WHEREAS, the Town Council finds that the procedure and requirements 53 set forth in Section 16A-4-50(d)(4) of the Municipal Code have been satisfied 54 concerning development on Lot 28, Parcel G-The Pines, within areas containing 55 slopes greater than thirty percent (30%) in that: 56 57 1 . The residential development, driveway and parking area are unable to 58 avoid the steep slopes for the reasons stated within Exhibit "B'; and 59 60 2. The design and construction techniques that will be incorporated within the 61 development will satisfactorily mitigate the risk of potential harm to the 62 public health, safety or welfare as stated within Exhibit "C'; and 63 64 WHEREAS, the Town Council further finds that the adoption of this 65 Ordinance is necessary for the immediate preservation of the public health, safety 66 and welfare. 67 68 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town 69 of Snowmass Village, as follows: 70 71 1. Authorization. The Town Council, by an affirmative vote of at least three- 72 quarters (3/4) of its members present and voting, hereby authorize development 73 within Lot 28, Parcel G-The Pines, as shown on Exhibit "A", subject to the 74 Applicant submitting a soils report and specific engineered design proposal, 75 including an opinion from a professional geotechnical engineer licensed in the 76 State stating that: a. the slope is not prone to instability or failure; or b. that the 77 proposed development will not cause greater slope instability or increase the 78 potential for slope failure, and that therefore, there will be no significant risk that 79 damage to adjacent property will result from the proposed construction. 80 81 2. Severability. If any provision of this Ordinance or application hereof to any 82 person or circumstance is held invalid, the invalidity shall not affect any other 83 provision or application of this Ordinance which can be given effect without the 84 invalid provision or application, and, to this end, the provisions of this Ordinance 85 are severable. 86 87 88 TC Ord 07-14 Page 3 89 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 90 Snowmass Village on First Reading on July 9, 2007 upon a motion by Council 91 Member the second of Council Member and 92 upon a vote of _ in favor and _ against. 93 94 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 95 Snowmass Village on Second Reading on _ _, 2007 upon a motion made by 96 Council Member the second of Council Member 97 and upon a vote of_ in favor and _ opposed. 98 99 100 TOWN OF SNOWMASS VILLAGE 101 102 103 104 Douglas Mercatoris, Mayor 105 106 107 ATTEST- 108 109 110 111 Rhonda B. Coxon, Town Clerk 112 113 114 APPROVED AS TO FORM: 115 116 117 118 John C. Dresser, Jr., Town Attorney Exhibit "A" TC Ordinance No.14, Series of 2007 Pagel of 2) CYLIT OMIPSON June 21, 2007 Benson Design & Building, Inc. P.O. Box 6030 Snowmass Village, CO 81615 Attention: Mr. Jim Benson Subject:Slope Stability Assessment Lot 28, The Pines Snowmass Village, Colorado Project No. GSO4889-120 This letter addresses existing slope stability conditions on Lot 28 of The Pines and the effects of planned construction of the residence on slope stability as required by the Town of Snowmass Village Code, Article IV, Division 1, Section 16A-4-50 (5) a and b. We have reviewed site plans by Thomas Epps Architect dated March 23, 2007) and developed building sections for the residence. We previously conducted a soils and foundation investigation for the proposed residence (CTL I T Project No. GSO4889-120, dated November 29, 2006). The residence will be a two-story structure benched into the natural slope of the site. Maximum planned excavations into the natural slopes are about 13 feet below existing ground surface. A site retaining wall and the back foundation wall will be designed to retain the hillside. If plans change significantly from those described above, we should be contacted for review and additional analysis, as needed. Soils on Lot 28 of The Pines consist of sandy clay with shale fragments above Mancos Shale bedrock. Some shale fragments are likely boulder-sized. The sandy clay and shale fragments were weathered in-place from the Mancos Shale or transported down slope by gravity. The bedding in the Mancos Shale dips at about 15 degrees down to the north-northeast in the area. The natural slopes on the site are between 15 and 50 percent. An existing retaining wall about 8 feet high is below the building envelope on the lot. There are not indications of seepage or shallow ground water on the hillside. The site plan provided, sections developed, and information from our exploratory borings indicate that the uphill building cuts will likely bottom in the overburden clay soil. The dip angle of the bedrock below the clay is not 234 Center Drive I Glenwood Springs, Colorado 81601 Telenhone: 970-945-2809 Fav 970-945-7411 Exhibit "A" TIC Ordinance No.14, Series of 2007 Page 2 of 2) unfavorable for site development. In our opinion, the proposed residence on Lot 28, The Pines is feasible based on the geologic conditions. A representative of CTL I Thompson, Inc. should review the cut slope conditions at the time of construction for additional slope stability information. Excavation retention will likely be required to construct the residence. The uphill building walls and retaining walls should be designed to retain the entire cut slope including height to achieve positive slope away from the buildings for at least 5 feet. If design or excavation conditions change from those described above we should be contacted to re-evaluate our recommendations presented in this letter. Our slope stability analysis indicates the existing slope is at a factor of safety against slope movement of about 1.5. Removing soil weight from the slope and construction of the residence will likely increase the factor of safety to about 2.0. in our opinion, the slope is not prone to instability or failure and the proposed development will not cause greater slope instability or increase the potential for slope failure, and that therefore there will be no significant risk that damage to adjacent property will result from the proposed construction. We did not evaluate the construction or design of the existing retaining wall below the building envelope. The site plan indicates that the residence is located a sufficient horizontal distance from the retaining wall. We have not evaluated stability of slopes during excavation. We appreciate the opportunity to work with you on this project. Please call if you have questions. Very Truly Yours CTL I THOMPSON, INC. Craig A. Burger, RE. Project Manager- CAB:cd 5 copies sent) BENSON DESIGN&BUILDING,INC. 2LOT28,THE PINE PROJECT NO GSO4889.120 S'.1GSO4889.000\120\3.Lellers\G504889120 11.doc Exhibit " B" TC Ordinance 1,10. 14, Series of 2007 Page Iof 3) Ip 1?0 1S11- RPN 7' NGIN ELOPE. 7' 2 7 el C3 M X, AL 14 M M 0 U) W", C'k- j e"" OZ W kltZ z cl-D w LU of Ld z N 0w 7, ro8 7' z F— <0 0 S, A 71 7' SF Fti PROPFRTy 30' I. 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Hll MEMORANDUM TO: Snowmass Village Town Council FROM: Russell Forrest, Chris Conrad, Jason Haber, David Peckler, Kathleen Wanatowicz DATE: July 9, 2007 SUBJECT: COMPREHENSIVE PLAN UPDATE —STEERING COMMITTEE SELECTION 1.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff is requesting that the Town Council appoint two members of the Council to join three members of the Planning Commission to form an steering committee for the Comprehensive Plan Update. The purpose of this Committee would be to guide the process with staff and to develop a recommendation to the Town Council for selecting a consultant team for the RFP that was issued on June 5, 2007. The Steering Committee would also be responsible for developing a more specific work plan for the overall process. ll.BACKGROUND / NEED FOR COMP PLAN UPDATE A. 1998 Comprehensive Plan Purpose: The Town's Comprehensive Plan is a regulatory document to guide elected and appointed officials, staff, businesses, developers, property owners, and other entities in implementing goals and objectives. Updating the Comprehensive Plan is a community wide effort and will involve many opportunities for citizen involvement. The Comprehensive Plan should be updated every two years. Status: Concurrently, the 1998 Comprehensive Plan needs to be updated to reflect approved development projects, additional carrying capacities, and future redevelopment of the West Village. The Plan did not specifically contemplate the level of development approved in Base Village and the current project proposed at the Village Center. It did recognize that these areas were appropriate for more dense commercial and residential development. The Comprehensive Plan process will reconfirm the Town's vision for Snowmass Village and clearly define a set a values. B. West Village Revitalization Purpose: In 2003, after experiencing nearly five years of steadily falling sales tax revenues, and increasing concern over outdated accommodations and infrastructure in the West Village area, the Town initiated a focused planning effort to turn these trends around. Although sales tax revenues have been on the rise since 2004, with the Base Village Project under way and the proposed redevelopment of the Snowmass Center, there is an ongoing concern that the West Village / Mall area will be left behind. Planning Efforts: In early 2002, the Forward Plan was published by the Village Leadership Forum (VLF). This group was organized to address a range of challenges facing the Town from international resort market realities, upgrading and reinvesting in the resort's assets, and balancing resort and community values. Among other strategic recommendations and guiding principles, the VLF produced the Town's Aspiration Statement: We aspire to be the leading multi-season, family-oriented mountain resort community. We will do this by creating, marketing and delivering distinctive choices for fun, excitement, challenge, learning and togetherness. All this is done amidst our unique, natural splendor...as part of a memorable Aspen/Snowmass experience. Further, we wish to be seen by this as welcoming, dynamic, convenient and successful. We will always be responsible stewards of our environment, economy and society. When successful, Snowmass Village will have achieved the quality of life and economic vitality that will assure our future as a sustainable resort community. In 2002 and 2003, the property owners within West Village's Mall area met with Town staff to identify opportunities to ensure the Mall's continued viability, prepare a plan for West Village's future (including redevelopment), and coordinate potential West Village improvements with the Base Village Project. It was agreed that the Town would take the lead in a planning effort with the commercial core stakeholders as active participants. Also in 2003, the Town Council and staff led a series of public meetings to assess the standing of Snowmass Village within the resort industry and to understand how best to address shortcomings. A fundamental shortcoming identified was the lack of a vital and vibrant commercial core, which prevents Snowmass Village from being highly competitive. Necessary components to creating a successful commercial core included critical mass of the right commercial mix, good design, and operational excellence. A next step created as a part of this effort was to continue to work with the West Village ownerships to develop a plan for revitalization. In late 2003, a concept paper for West Village Revitalization was prepared for the Town by Economic Planning Systems (EPS). The intent of this paper was to further explore principles from the Forward Plan specific to the revitalization of West Village. The paper recommended creating new zone districts that supported mixed-use types of development, and preparing a general development plan to better understand the potential impacts and opportunities for revitalization. The services of Bluegreen were engaged to carry this planning effort forward. Bluegreen's process relied on numerous past reports and studies of the West Village area. The Town has invested in efforts to understand the deficiencies in West Village and the best approach to move forward was to review this past work, identify those opportunities and barriers that still have merit in helping to achieve the Town's goals, and verify their relevance through additional limited study with Town staff and consultants. In collaboration with the stakeholder group (primarily business and property owners and their consultants), redevelopment options were created from the best of the previous proposals and the latest ideas coming out of Bluegreen's analysis. Various options were presented as potential solutions to existing conditions that should be corrected. Over a period of more than two-years, various combinations of 36 unique solutions were assembled to create four distinct redevelopment scenarios. These scenarios represent the range of potential redevelopment visions from the easiest and least costly) to accomplish to the most difficult. In 2005 and 2006, the preferred Scenario 4 was presented to more than 12 community interest groups, including homeowners associations, lodging and merchant groups, special district boards and Town boards. The plan was presented during a handful of community forums and to Town Council on several occasions, most recently in December 2006, at which time staff was directed to temporarily discontinue efforts to move the West Village Revitalization Plan forward. Status: To date the West Village Revitalization Plan is not complete and needs further analysis. One developer has purchased a significant amount of commercial and residential land area and this now presents new opportunities from a land planning perspective. It should be noted that planning for redevelopment in the West Village dates back to the 1980's. C. Mail TransiUParkino Plaza Purpose: The 1998 Comprehensive Plan specially speaks to a parking plaza in the West Village. In 2002, Base Village went through a long review. A transit station was incorporated in the arrival facility in Building 7, tangent to the loading and delivery area. The Transportation Planner for the developer maintained that the transit facility in Base Village would function as an interim facility between the Mall and Snowmass Center. Upon approval of the Base Village submission, private interests in the Mall area approached the Town to discuss the revitalization of the West Village (Mall) area. In reviewing the land uses for the West Village Revitalization, the Station elements were again brought up for review. Staff began working on the design of the Station with the land planners from Design Workshop on conceptual layouts of transit islands for the Station. The private sector invited the Town to participate in a Joint Development venture under FTA guidelines using the company Urban Innovations to secure FTA funding, and to craft an agreement between the Town and private sector on development options. FTA was contacted to inform them of the Town's interest to propose a Joint Development project, as relates to grant funding activities noted above in Section 5309 grants. The FTA has been kept informed of the progress to date on creating a Joint Development Project. The Needs Assessment and Feasibility Study has been presented to FTA for their approval. This document includes appraisal of Town property that may be impacted by West Village Redevelopment. Staff has just begun to conduct public outreach meetings to engage the community in discussion for the Station as part of the West Village Revitalization land use. Status: Town Council has approved Urban Innovations to move forward with completion of the following tasks: Coordinate submission of National Environmental Policy Act (NEPA) assessment to the Town by the engineering firm; Establish financing mechanism (cost sharing % between Developer and Town) for Joint Development planning funding; Coordinate filing of Planning Grant application with FTA/CDOT for additional planning funding; Arrange receipt of Developer planning funds. The Town has selected a firm to conduct an Environmental Assessment of the site, and a scoping meeting will be held mid-May. We hope to have the Environmental Assessment completed by late July and submitted to FTA for their review. The Town is hoping that the project will be granted Categorical Exclusion status by FTA. A new RFP will be released for architectural and design work upon completion of the update of the comprehensive plan. The Transportation Department will continue to work on keeping the project positioned for FTA funding. At a planning meeting for the Colorado Transit Coalition at the Colorado Association of Transit Agencies, the Town will be proposing a 2010 construction date for the project at that meeting. The Town has some funding from CDOT set aside for architecture/design work once the Environmental Assessment is completed. The Town is waiting for CDOT to draft the agreement for these funds. CDOT is working on the 2008 and 2009 grant requests. A major component of a targeted update of the comprehensive plan is to update the Transportation plan for the Town. D. Goals for Plan Update The Town Council approved the following goals for updating the Comprehensive Plan: a. Refine and provide definition to the Town's vision for the future through a community-based process. b. Ensure future development works within the carrying capacity of the community. c. Complete the West Village planning process as part of a comprehensive plan update so that: community goals can be realized in this commercial area, new development does not exceed the community's carrying capacity, the three commercial nodes can complement each other, and transit oriented development can effectively be integrated with other public and private uses in the area. d. Update critical areas of the 1998 Comprehensive Plan, (including, but not limited to: Economic and market needs identified in Chapter 3, Transportation Plan, and Employee Housing Needs) that needs to be updated as the result of development that has been approved and as the result of the physical planning for the West Village. e. Provide clear guidelines for new development and identify needed public benefits. VI. NEXT STEPS / MAJOR MILESTONES July 91h-Proposals will be submitted to the Town of Snowmass Village July 17`h— Interviews for Consulting Team July 23rd- Selection of a consultant Team by the Town Council with a recommendation from the steering committee. VII. ACTION REQUESTED OF COUNCIL Staff is requesting that the Town Council approve of a five-person steering committee consisting of two Council members and three planning commissioners. In addition, if that steering committee format is acceptable, staff is requesting that the Town Council appoint two members of the Council to sit on the Comprehensive Plan Steering Committee. In addition, if there are a significant number of submittals (5+) P:\MANAGER.xSckmemoskCompplan07O9O7.doc TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSSELL FORREST, TOWN MANGER SUBJECT: MANAGER'S REPORT DATE: July 09, 2007 Attainable Housing Meeting Joe Coffey, Housing Manager Regarding the CASE meeting on June 28th in Glenwood Springs. There were numerous employers who joined the panel table who were requested to describe their housing needs. I recommended for the lower valley communities to consider some housing mitigation requirements for new development but I do not think these communities are ready for this step yet. They want housing but some people seem concerned about density and preserving their current character. I was asked how Snowmass Village might participate in a lower valley housing project and we discussed the idea of Snowmass Village being allocated a number of units for our employees in a down valley location. The next meeting is scheduled for July 26 and the meeting place is yet to be determined. A housing summit meeting in October was discussed. Also there was a discussion about getting community support from various communities for constructing employee housing. Resort Growth Strategic Plan: Marketing, Special Events and Group Sales Board On July 9, 2007 at 1:00 pm in the Town Council Chambers the Marketing, Special Events and Group Sales Board met to discuss the goals for the Resort Growth Strategic Plan. The purpose of this plan is to determine current and future market needs. This project is intended to complement the Compressive Planning work that is being purposed. The purposed goals that were presented to the Board are stated below. Manager's Report 07-09-07 Page 2 of 3 DRAFT Resort Growth Strategic Plan GOALS Understand Bed Base (Numbers and Types) Today Two Years Five Years Revisit Target Audiences/Guest Profiles, By Season Aspen/Snowmass-Loving Families Young) Aggressive Athletes Empty Nesters Independents Groups (Segments) Determine Antes/Givens and Drivers of a Snowmass Decision Amenities, Facilities) What Do We Have To Satisfy Those Expectations? What Are The Gaps? What Do We Need to Deliver Drivers — WOW Factor Conduct a Competitive Analysis of Mountain Resorts How Does Snowmass Village Compare? What Are Key Differentiators? Analyze External/National Travel Trends for Mountain Resorts Rethink Overall Resort Branding o Snowmass Village-Specific Marks, Tags, Creative, Behaviors o Partner Collaboration Marks, Tags, Creative, Behaviors o Brand Messaging (Social & Group Guests, Group/Meeting Planners, Local Businesses, Community, Media, Other) Manager's Report 07-09-07 Page 3 of 3 The following is a list of strategic projects and their current status for your information. Staff Action Status Date to follow- Contact up w/ Council Russ Retreat Follow- The Directors will begin working on a Forrest up action plan to implement the Council's Aug. 06, 2007 goals Russ, Comprehensive Received direction on June 4to to issue Follow-up on Chris, Plan Update RFP. RFP was issued on June 6th. steering Kathleen, committee on David July 9, 2007 Hunt Entryway/ Staff will review plans for gymnasium in July 2007 Walker Gymnasium Jul Jason Construction Ongoing updates throughout construction Each Council Haber Mitigation season. Will bring policy changes to meeting affect the proposed construction guidelines to Council in July 23, 2007. Jason Environmental Create a committee to evaluate water,Aug. 06, 2007 Haber Committee solar, and wind programs Chris Snowmass Public Hearing regarding the Snowmass Nov. 2007 Conrad Village Center Village Center Project was continued Project to 11-19-07 Fun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 0 Independence Day Town Hall Closed 8 9 10 11 12 13 14 Town Council Meeting 4:00 p.m. 15 16 17 18 19 20 21 EOTC Meeting 4:00 p.m. TOSV Council Chambers 22 23 24 25 26 27 28 Town Council Meeting 4:00 p.m. 29 30 31 Full Moon S Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 Town Council Meeting 4:00 p.m. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Town Council Meeting 4:00 p.m. 26 27 28 29 30 31 4 Full Moon 1 Exhibit " B" TIC Ordinance No. 14, Series of 2007 co H i Page 1 of 3) 1 1 117 10 T BsraPE wN¢ PE LL ( T! 80. HB e g g 1 Q o k I H q yE9@B eS S n.\\ 3F°` sy LVE 2 P. Aiwt \ J 1z.T 1h DGE NELOE -- 1 . 0_ 5 . _. 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