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09-17-07 Town Council Packetov ova SNOWMASS VILLAGE REGULAR MEETING AGENDA SEPTEMBER 17, 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) ........................................ Page 1 (TAB A) Item No. 3: COUNCIL UPDATES Town Council Item No. 4: CONSTRUCTION UPDATE (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: TWO-WEEK LOOK AHEAD FOR CONSTRUCTION ACTIVITY Jason Haber.................................................. Page 4 (TAB B) Item No. 5: FIRST READING — ORDINANCE NO. 19, SEREIS OF 2007 FIRST READING OF ORDIANCE NO. 19 SERIES OF 2007 AMENDING THE SMOKING REGULATIONS IN THE TOWN OF SNOWMASS VILLAGE (Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Approve first reading of Ordinance No.19, Series of 2007 John Dresser................................................. Page 9 (TAB C) Item No. 6: PUBLIC HEARING AND SECOND READING OF ORDINANCE NO.15, SERIES OF 2007- MINOR PUD AMENDMENT TO BASE VILLAGE PUD CONDITION NO. 7: (Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Approve second reading of Ordinance No.15, Series of 2007. Chris Conrad................................................. Page 15 (TAB D) Item No. 7: DISCUSSION — SNOWMASS CLUB COMPREHENSIVE SIGN PLAN AMENDMENT: GENERAL REVIEW AND DISCUSSION OF THE PROPOSED COMPREHENSIVE SIGN PLAN AMENDMENT FOR THE SNOWMASS CLUB. (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Provide review comments and direction in anticipation and preparation of the subsequent public hearing and ordinance for consideration at subsequent meetings. Jim Wahlstrom............................................... Page 59 (TAB E) 09-17-07tc Page 2 of 2 Item No. 8: DISCUSSION — SINCLAIR MEADOWS ADMINISTRATIVE MODIFICATION UPDATE: (Time: 40 Minutes) FOLLOW UP REVIEW CONCERNING AND STATUS OF THE CURRENT ADMINISTRATIVE MIODIFICATION AND THE ACCOMPANYING CONSTRUCTION DRAWINGS ACTION REQUESTED OF COUNCIL: Provide feedback and direction to the applicant and staff concerning the supplemental information previously requested by council. Jim Wahlstrom............................................... Page 74 (TAB F) Item No. 9: TARGETED UPDATE ON COMPREHENSIVE PLAN (Time: 30 Minutes ACTION REQUESTED OF COUNCIL Provide feedback on the proposed schedule Russ Forrest, Jason Haber, Dave Peckler, Chris Conrad Page 80 (TAB G) Item No 10: MANAGERS REPORT Page 95 (TAB H) Item No. 11: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDAR Page 97 (TAB 1) Item No. 12: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 3.5 hours (excluding items 1-3, and 10-12) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. 2 Page 1 of 1 Rhonda Coxon Subject:FW: handout for 9/17 city council packet Attachments: YZ Evalweb.htm From: Lisa Guengerich (mailto:LGuengerich@youthzone.com] Sent: Tuesday, September 11, 2007 4:36 PM To: Donna Garcia Subject: handout for 9/17 city council packet Donna, Charla Belinski, Parenting and Family Specialist, will be making a under-5-minute presentation about YouthZone during the "Non-agenda items" time at the 9/17 city council meeting. The attached is a handout for the council member packet. Please let me know if you are not able to open this attachment. Thanks! Lisa Lisa Guengerich YouthZone Administrative Assistant 970-945-9300 ext. 17 803 School Street,Glenwood Springs, CO 81601 970-945-8924 (fax) Iguengerich(Pyouthzone.com YouthZone works with young people who want tools to succeed and parents who want to raise more responsible kids. www.youthzone.com This e-mail transmission(and/or the attachment accompanying it)may contain legally privileged and confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient,you are hereby notified that any dissemination, disclosure,distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please promptly notify the sender by reply email and destroy the original message. 9/13/2007 Page I of 3 Evaluation Results Prepared by Independent Evaluator YouthZone Is Having A Significant Impact On Young People Recent results from a 3-year independent evaluation (2003-2006) shows that YouthZone programs are making statistically significant improvement in the following 6 measured areas: 1. decreased underage drinking. 2. decreased use of illegal drugs and delinquency. 3. increased school involvement. 4. increased resiliency. 5. increased social support. 6. increased resiliency to sexual/emotional/physical abuse. all scales changed in the direction of growing protective factors and declining risk factors). Quotes From Evaluator Report Across Colorado, no youth serving program has worked more successfully in the interests of their youthful clients and families. Not only is YouthZone able to say, Here is who we have worked for and here is how hard we have worked," but equally important they are able to report, "And here is what we have accomplished together." Results from analysis of YouthZone programs notes that the program can have confidence that young people of diverse backgrounds (e.g. age, gender, and ethnicity) will experience a similar, significant, and positive program benefit." The most important conclusions from evaluative study of youth change with services are that clients of many types and backgrounds enjoyed gains through reduction of problem behavior and attitudes, substance abuse, and the promotion of developmental assets. Communities and families can have confidence that in about two-out-of-three instances, any youngster for whom they ask for help is likely to be in a better position by the end of their services." file://C:\Documents and Settings\rcoxon\Local Settings\Temporary Internet Files\OLK62\... 9/13/2007 Page 3 of 3 Survey presents key finds from an independent evaluator's analysis of data collected by YouthZone from a statistical sample of 632 young people and their families during 2003-2006. With this new evaluation data, YouthZone has collected data from 1989-2006 with nearly 2,000 youth being administered a survey at intake and again about half this number taking a survey toward the end of their services. 74% avoided re-offending while an active client or following the end of their services. Across all service programs, boys were referred about twice as often as were girls. Average age of youth served was 15 years. 74% of youths seen by YouthZone are Anglo, 25% were Hispanic and I% were other ethnicities. This is representative of the ethnic distribution in the surrounding communities. About 43% of the youth seen by YouthZone are being raised by both biological parents. Youth were somewhat less likely during 2003-2006 to be living in a two-biological parent home than they were in 1999-2002. 86% of young people come to YouthZone via courts or the juvenile justice system. Approximately 3 percent are from schools. Boys are more likely to be referred by the courts and schools, while girls are more likely to be self-referred. A youth's city of residence did not affect his/her access to services. Possession of alcohol accounted for 1/3 of all referrals. A substance-related issue was involved in several of the top-ten referral reasons. Top ten referral reasons: possession of alcohol, petty theft, counseling services, assault and battery, criminal mischief, possession of a controlled substance, theft, possession of paraphernalia, criminal trespassing, harassment. Youth seen with legal offenses were likely to be younger than in the past. Anglo youth were significantly more likely than Latino clients to have an alcohol or other drug involvement. The gap between ethnicities in this area is narrowing from past data in 1999-2002. Among Latino clients referred, significantly more had a history of serious legal problems (31.4% of all referred) compared with Anglos (16.1% of all referred). The average YouthZone client consumed 17.6 hours of service. file://C:\Documents and Settings\rcoxon\Local Settings\Temporary Internet Files\OLK62\... 9/13/2007 MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: September 17, 2007 SUBJECT: CONSTRUCTION UPDATE I. 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 2. Right of Way Impacts III.NEXT STEPS Staff will continue to provide a Construction Update at each Council Meeting. CONSTRUCTION COORDINATION WEEKLY REPORT # 27 Sept 9th through Sept. 15th Traffic Control I am in contact with A-1 Traffic Control daily. There were no problems with traffic control this week. Council member Reed Lewis called me and said that a flagger informed him that he may want to turn around because of a potential 20 minute delay. I called the traffic control supervisor and went to this area immediately. I was there within 5 minutes of the time I spoke with Reid; the delivery truck was out of the way and traffic was moving. Reid was misinformed about how long the delay would be and I spoke with the traffic control personnel regarding the issue. Construction Activity Eataway Brush Creek Road/ Seven Star Aspen Earthmoving continued working at the visitor center site this past week. The work consisted of installing a vault for future electricity. This work did not require traffic control. I did not receive complaints regarding this site this week. Landsca?e Workshop plans to start their work in the islands below the roundabout Monday Sept. 17' . This work will require one lane closures during the day and will take 2 weeks to complete. Employee Housing They have completed most ofthe shallow utilities at this site. They worked on sanitary sewer, drainage swales, and continued placing base course in the limits of Stallion Circle. I did not receive any complaints regarding this site today. Town Hall Ongoing construction activity within project limits. I did not receive any complaints regarding this site this week. Upper Kearns Rd Utilities Upper Kearns Rd will remain closed until mid day Sept.I8th for utility work. Aspen Earthmoving was scheduled to open by Sept. 15th. Elam Const. could not schedule paving until the 17th. I did not receive any complaints regarding this site this week. Base Village Lower Carriage Way: Ongoing construction in this area this week. They have started constructing the final section zone 2) of the snowmelt road. PCL's schedule shows opening Lower Carnage Way to two lane traffic by Oct 3rd. Wood Road: There are occasional traffic stops for trucks entering and leaving various access points. I received a complaint regarding dirt and mud on Wood Rd. from 13AB access up to above the Crestwood Condos. I called PCL immediately and discussed this in the weekly CCIMP meeting on Thursday. I have asked that they use their wash stations all the time during major excavation and hauling. I have also asked that the use of water trucks and power sweepers on Wood road is stepped up. Arnnie Mordkin called me to about the number of cars parked in front of the Weitz trailers and on Fanny Hill. I spoke with the Weitz company and on Wednesday they started towing personal vehicles from the site again. Mark Kittle stopped by on Thursday and said he did not see vehicles other than those required by the trades. Brush Creek Bridge: Two lanes of traffic were maintained at Brush Creek Rd. during waterline installation and paving operations this week. I visit the site regularly. I did not receive any complaints regarding the site this week. Brush Creek Stream Restoration They have completed placement ofthe boulders for the out fall structure below storm line"D" outflow in the lower section. They will grout this structure sometime next week. ERC's schedule shows the stream restoration complete by Sept. 28th. I did not receive any complaints regarding this project 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. The work in this area is on site and does not affect ROW. I did not receive any complaints regarding this site. Sinclar Meadows Construction at this project is ongoing. I drive by this site frequently. I did not receive any complaints regarding this site this week. The power outage at the mall on Sept. 11`h was due to a Holy Cross line that was cut at this site. Right of Way Impacts September 16th - October 1st Entryway Construction on entryway "turn-out" lanes is ongoing. The lanes and parking spaces are scheduled to be paved in early October. Landscaping project continues around Town Park. Brush Creek Rd. below roundabout will have alternating one lane closures starting September 17th - Oct 1st for landscaping of center islands. Town Hall Upoer Kearns Road will be closed for utility installations from July 17th - mid day September 18th. Access in and out of the Snowmass Center will be from Lower Kearns Road only during this time. Base Village and Brush Creek Bridge Projects Upoer Wood Road (Between Enclave and Crestwood) Alternating one-lane closures September 10th - 301h for bridge stonework and guardrail installation. Brush Creek Bridge and Lower Wood Rd. Demolition of the old bridge started September 4th. They plan to turn the area above the bridge over to the stream restoration by September 24th Brush Creek Road (Between Upoer and Lower Kearns Rd.1 Two lanes of traffic may be shifted September 4th - September 15th for shallow utility Installations. There is still potential for alternating one lane closures work in Brush Creek Road in this area for water line work. Lower Carriage Way Lower Carriage Way remains open to one-way downhill traffic until Oct. 3rd. It has been requested by Related Westpac and the Ski Co. to keep Lower Carriage Way to one lane downhill traffic until Nov 10th to allow safe access for completion of work within the children center area. Lower Carriage Way is currently scheduled to open to two-way traffic Oct 3r°. Base Village's approved CMP indicates that two-way traffic was to be in place by August 30th. Brush Creek Stream Restoration Periodic traffic stops may be necessary at the PRV area and above the new bridge for mobilization and material deliveries through the end of September. Sinclair Meadows De-watering is complete. The Fox Run Trail was re-opened August 21st. They have approval to start hauling structural fill material to begin the road platforms. TOSV Road and Bridge Dept. Tuesday September 18`" they will have alternating one lanes for part of the day on Brush Creek Rd. above upper Kearns Rd. to establish ditch's in the uphill shoulder. Potential Future Projects: September / October - Fall Off-season - Water line installation in Brush Creek Road for Brush Creek/Wood Rd. Roundabout. MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest DATE: September 17, 2007 SUBJECT: Amendments to the Smoking Regulations I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: First Reading of an Ordinance amending the Smoking regulations in the Town of Snowmass Village H. SUMMARY OF PROJECT Council members have asked staff to prepare modifications to the TOSV smoking regulations contained in Chapter 10 to regulate smoking in outdoor areas of TOSV. III. BACKGROUND A. Ordinances 6 of 1989, 4 of 1998, 8 of 2001, and 30 of 2001 enacted the current smoking regulations for TOSV. IV. APPLICABLE REGULATIONS These regulations are codified in Chapter 10, Article V, Sections 10-81 et.seq. of the SVMC. V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV expand the smoking regulations for outdoor areas within TOSV? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council discuss and determine the course of action of this Ordinance at First Reading on September 17, 2007. Options include: approve, amend or deny at First Reading. I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 19 5 SERIES OF 2007 6 7 8 AN ORDINANCE AMENDING CHAPTER 10, ARTICLE V OF THE TOWN OF 9 SNOWMASS VILLAGE MUNICIPAL CODE AMENDING THE SMOKING 10 REGULATIONS ON SMOKING IN PUBLIC PLACES WITHIN THE TOWN OF 11 SNOWMASS VILLAGE 12 13 WHEREAS, the Town of Snowmass Village has enacted Smoking 14 Regulations for the benefit of the health, welfare and safety of the citizens, 15 residents and guests of the Town; and 16 17 WHEREAS, the Town Council has determined that additional Smoking 18 Regulations are desirable to provide broad and diverse protection for all persons 19 in the Town of Snowmass Village from the cancerous effects of secondhand 20 smoke; and 21 22 WHEREAS, the Town Council has reviewed studies that evidence the 23 health dangers associated with secondhand smoke; and 24 25 WHEREAS, the altitude of the Town of Snowmass Village can exacerbate 26 the dangerous effects of secondhand smoke: and 27 28 WHEREAS, the Town Council finds that the adoption of this Ordinance is 29 necessary for the immediate preservation of the public health, safety and welfare. 30 31 32 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 33 Snowmass Village that Chapter 10, Article V shall be hereby amended as 34 follows: 35 36 1. That "Sec. 10-82. Definitions." shall be amended by adding the 37 following definitions to those already contained in said Section and 38 shall read as follows: 39 40 As used in this Article, the following words 41 shall be construed to have the meanings defined 42 below: 43 44 1) Public place means any area where 45 the public is invited or permitted or an area 46 that serves as a place of work. 47 1 48 2) Smoking means the combustion of 49 any cigar, cigarette, pipe.or similar article, 50 using any form of tobacco or other combustible 51 substance in any form, other than for theatrical 52 performances by an employee of the 53 establishment. 54 55 3) Outdoor Public Place means any area to which the 56 public is invited or in which the public is permitted, 57 including but not limited to parks and recreational 58 areas designed in whole or in part to be used by 59 adults and/or children that have play or sports 60 equipment; or have been designated or landscaped 61 for play or sports activities or any similar facility 62 located on public grounds; outdoor venues for public 63 gatherings including Fanny Hill event/concert area 64 and the Jazz Aspen Snowmass concert area. 65 Outdoor Public Places shall not include parking 66 lots or other areas designated or reserved for the 67 parking of motorized vehicles; hiking, biking skiing or 68 horseback riding trails. 69 70 4) Service Line means any outdoor line at which one 71 or more persons are waiting for or receiving service 72 including but not limited to, movie ticket lines, theatre 73 lines, concert lines, sporting event lines, food vendor 74 lines, lift tickets lines, and chairlift or gondola lift lines. 75 For the purposes of this Chapter, Service Line shall 76 include standing in line to embark on the chairlift or 77 gondola lift and the period of time on such lifts until 78 disembarking from said lift. 79 80 81 2. That "Sec. 10-83. Smoking prohibited." shall be amended to read 82 as follows: 83 84 Smoking is prohibited in all enclosed Public 85 Places, Outdoor Public Places and Service Lines." 86 87 Smoking may be permitted, however, at the discretion 88 of any organizer or sponsor of an event or activity in 89 Outdoor Public Places, only in specifically designated 90 Smoking Permitted Areas, provided that: 91 92 1. such places are clearly marked and delineated as 93 such. 2 94 95 2. such places are posted with signs that clearly and 96 conspicuously recite the phrase, 'This is a 97 Smoking Permitted Area. No smoking permitted 98 outside this area." 99 100 3. such place is no closer than 300 feet from any 101 Service Line or other area where food or 102 beverages are sold or consumed or are 103 designated for the sale or consumption of food or 104 beverages, or are where persons are gathered for 105 the purpose of selling, purchasing or consuming 106 food or beverages. 107 108 4. such place is no closer than 300 feet from the area 109 where persons are gathered at, performing at, or 110 using the facilities of an Outdoor Public Place. 111 112 113 3. That "Sec. 10-84 Signs." shall be amended to read as follows: 114 115 All enclosed Public Places, Outdoor Public Places 116 and Service Lines shall be posted with signs that 117 clearly and conspicuously recite the phrase "No 118 Smoking" or use the international no-smoking symbol. 119 The signs shall be of sufficient number and placed in 120 prominent locations to convey the message that 121 smoking is prohibited to the public clearly and legibly. 122 Those enclosed public places that are used solely as 123 places of work are exempt from the requirements of 124 this Section. 125 In any Public Place, Outdoor Public Place or 126 Service Line, where electronically amplified music or 127 speech or both are regularly employed as a part of 128 the use of such area, the organizer or promoter of the 129 use of said area shall be required to announce, by 130 means of the electronic amplification then in use, at 131 intervals no greater than two hours apart, that "This 132 area is designated as a smoke free zone, where 133 smoking is prohibited, except in the designated 134 smoking permitted areas." 135 No such announcements shall be required in 136 areas where the electronically amplified music or 137 speech is incidental to and not a part of the purpose 138 of the use of the area. 139 3 140 4. That "Sec. 10-85 Violation and penalty." shall be amended to read as 141 follows: 142 143 The following acts constitute violations of this Article: 144 145 1) Smoking in an enclosed Public Place, Outdoor 146 Public Place or Service Line; 147 148 2) Failing to post signs or make the announcements 149 as required by this Article; 150 151 3) Willfully destructing or defacing signs required to 152 be posted by this Article. 153 154 5. If any provision of this Ordinance or application hereof to any person or 155 circumstance is held invalid, the invalidity shall not affect any other provision or 156 application of this Ordinance which can be given effect without the invalid 157 provision or application, and, to this end, the provisions of this Ordinance are 158 severable. 159 160 161 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 162 Snowmass Village on First Reading on September 2007 upon a 163 motion by Council Member the second of Council Member 164 and upon a vote of in favor and 165 opposed. 166 167 168 READ, APPROVED AND ADOPTED as amended by the Town Council of the 169 Town of Snowmass Village on Second Reading on 170 2007 upon a motion by Council Member the second of 171 Council Member and upon a vote of _ in 172 favor and _ opposed. 173 174 175 176 TOWN OF SNOWMASS VILLAGE 177 178 179 180 181 Douglas Mercatoris, Mayor 182 183 ATTEST: 184 185 186 4 187 188 Rhonda B. Coxon, Town Clerk 189 190 191 192 APPROVED AS TO FORM: 193 194 195 196 197 John C. Dresser, Jr., Town Attorney 5 SNOWMASS VILLAGE TOWN COUNCIL NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: September 4, 2007 TIME: During a regular meeting that begins at 4:00 P.M. WHERE:Town Council Chambers 0016 Kearns Road, 2nd Floor, Snowmass Center Snowmass Village, CO WHY: To receive public comment on an application by Related WestPac, LLC on behalf of Base Village Owner, LLC ("Applicant") regarding a Minor PUD Amendment to conditionally delete Condition No. 07 of Ordinance No. 21, Series of 2004, being the Base Village Final Planned Unit Development approval. CODE: The application will be processed pursuant to Section 16A-5-390, Amendment of Final PUD, of the Snowmass Village Municipal Code. INFO: The request involves a waiver of the requirements of Condition No. 7 specifying that the Applicant enter into an agreement with a "nationally- recognized hotel chain to conditionally allow Buildings 13A and 13B within Base Village ("Hotel Site") to be operated by Kor Hotel Group as a Viceroy Hotel brand. In lieu of this condition, the applicant will enter into a Development Agreement that will secure a location for a conference hotel elsewhere within the Town. Further, Applicant must provide to the Town an executed agreement with Kor Hotel Group that requires the Hotel Site to be operated as a Viceroy brand hotel that meets the AAA "Four Diamond" standards. The specific development agreement and additional information regarding the proposal is available for inspection at the Snowmass Village Planning Department or Town Clerk's office during normal business hours. Questions may be directed to Chris Conrad, Planning Director, at (970) 923-5524 or by email to: cconrad@tosv.com . Town Clerk telephone: (970) 923-3777 Internet Access to Council email: hftp://www.tosv.com Citizen Feedback Hotline: (970) 922-6727 or clerk@tosv.com Rhonda B. Coxon, Town Clerk Posted and Published in the Snowmass Sun on August 15, 2007. P.\user\cconmd\MS Word Docs\Base Village\Post Final PUD\2007 Minor PUD Amend Condition 7 Dev Agmr\TC Second Reading\BV Condition 7 Minor PUD Amend TC 9-4-07 PH Public Notice.doc MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: September 17, 2007 SUBJECT: PUBLIC HEARING AND SECOND READING - ORDINANCE NO. 15, SERIES OF 2007 MINOR PUD AMENDMENT TO BASE VILLAGE PUD CONDITION Public Hearing and Second Reading of Ordinance No. 15, Series of 2007, an ordinance considering a minor PUD amendment to conditionally delete Condition No. 07 of Ordinance No. 21, Series of 2004 (Base Village PUD). Applicant: Related WestPac, LLC on behalf of Base Village Owner, LLC Planner: Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Purpose: Related WestPac is requesting second reading approval to modify Condition No. 7 ("Condition T') of Ordinance No. 21, Series of 2004 (Final PUD approval for the Base Village) to specifically allow Buildings 13A and 13B ("Base Village Hotel") to be operated by Kor Hotel Group as a Viceroy Hotel brand. Their specific request proposes that two (2) conditions be applied, as stated in Conditions 1 and 2, Section Four, of the enclosed Ordinance, that implement a development agreement (see Exhibit "D" of the enclosed ordinance) and carry forward the Condition 7 requirement that an agreement be provided to ensure that the Base Village Hotel will be operated at a level that meets the American Automobile Association's "Four Diamond" standards. The Ordinance received First Reading approval on August 6, 2007 with direction that the development agreement be amended prior to Second Reading. Action Requested: The Applicant's request to modify Condition 7 is a Minor PUD Amendment. The Town Council shall: 1) Review the enclosed Ordinance and development agreement to determine whether the proposed amendment is consistent with the following standards: a. Consistent with original PUD. The proposed amendment shall be consistent with, or an enhancement of, the original PUD approval. b. No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply with the other applicable standards of this Division 3, Planned Unit Development, including but not limited to Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. [Please refer to Section 1 of the application notebook that outlines these General Restrictions and Review Standards.]; AND 2) Receive public comment as part of the Public Hearing; AND 3) Consider Second Reading of the enclosed ordinance, as may be amended at the meeting; AND 4) Approve by at least 3/4 of the members of the Town Council present and voting, approve with conditions by at least 3/4 of the members of the Town Council present and voting or deny the application; OR 5) table Second Reading,of the ordinance until the October 1 Town Council meeting. 2. BACKGROUND: Condition No. 7 of Ordinance No. 21, Series of 2004 ("Condition 7) concerned the Base Village Hotel as follows: Section Three. Conditions. As conditions of the final approvals granted herein, the Applicant will comply with the following: 7. Phase 2A Condition Precedent. Prior to the issuance of a building permit for Phase 2A or any subsequent phase of the Project, the Applicant will provide to the Town evidence that: a. the Applicant has entered into an agreement with a nationally-recognized hotel chain (such as a Westin, Hyatt or Hilton) that requires Buildings 13A and 13B to be operated as a "four diamond" hotel, as such standards are determined by the American Automobile Association, under such chain's brand name; and b. all residential two and three-bedroom units with bedrooms located on or having access to a main hallway in Buildings 13A and 13B have been converted to 14 additional lockoffs. This condition may only be waived or modified in accordance with the provisions of Section 16A-5-390 of the Municipal Code for a PUD amendment approved by at least 3/4 of the members of the Town Council present and voting. 2] It should be noted that the Base Village Hotel is contained within Phase 2A of the Base Village project. The development agreement proposed with this application may be found as Exhibit "D" of the enclosed ordinance. Attachment 1 of this report is a copy of the agreement with line numbers added for reference during the meeting. The Applicant has provided an Executive Summary (See Attachment 2) outlining the terms of the agreement. Attachment 3 is a redline copy of the Ordinance as amended by Staff subsequent to First Reading. Attachments:1) Development Agreement with line numbers for reference 2) Applicant's Executive Summary RE: Development Agreement 3) copy of Ordinance No. 15, Series of 2007 3] ATTACHMENT 1 HOTEL DEVELOPMENT AGREEMENT THIS HOTEL DEVELOPMENT AGREEMENT is made and entered into as of this _ day of 2007 (the "Effective Date"), by and between the TOWN OF SNOWMASS VILLAGE, a home rule municipal corporation and political subdivision of the State of Colorado ("Town"), BASE VILLAGE OWNER LLC, a Delaware limited liability company (together with its successors and assigns, `BVO"), BRUSH CREEK ESTATES LLC, a Colorado limited liability company (together with its successors and assigns, "BCE"), and RELATED WESTPAC LLC, a Delaware limited liability company (together with its successors and assigns, "Related WestPac"). Recitals This Agreement is made with reference to the following facts: A. Capitalized terms in this Agreement not otherwise defined in the body of this Agreement have the meanings set forth in Exhibit A. B. BVO is the owner in fee simple of the Base Village Property. The Base Village Property is a planned unit development under the Code pursuant to the Base Village Planned Unit Development (the `BV PUD") approved by the Town Council pursuant to Ordinance No. 21, Series of 2004 ("Ordinance 21"). C. Condition 7 of Ordinance 21 concerned Buildings 13A and 13B within the Base Village Property and set forth certain requirements that needed to be satisfied prior to the issuance of a building permit for the construction of any buildings within Phase 2A or any subsequent phase of the BV PUD. Pursuant to its final approval on second reading of Ordinance No. 15, Series of 2007, the Town Council has approved a modification of Condition 7 for the purpose of modifying and extending the timeframe for compliance with some of these requirements and transferring them, through this Agreement, to the West Village in connection with Related WestPac's future redevelopment plans for the West Village. This modification to Condition 7 was made for the purpose of allowing construction of Buildings 13A and 13B to proceed and to permit such buildings to be operated by Kor Hotel Group as a Viceroy Hotel. D. BVO, BCE and Related WestPac desire to enter into this Agreement with the Town to satisfy the requirements Ordinance No. 15, Series of 2007. NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Agreement 1. QUALIFIED HOTEL STANDARDS. The term "Qualified Hotel" means a new Hotel that will: A. At the time a building permit is issued (and as a condition to the issuance of such building permit by the Town) be subject to an agreement with a nationally- recognized hotel chain that requires the Hotel to be operated under such chain's brand name. B. Have at least 225 Hotel Rooms. C. Include conference facilities with a net floor area of at least 30 square feet per Hotel Room, including conference meeting spaces, ballroom space, but not pre- function or back-of-house spaces. D. Be a condominium Hotel (meaning the rooms are separate condominium units), which Hotel must include a rental/management program and a legal structure that will encourage owners, consistent with the limits of applicable securities laws, to enroll their units in such rental/management program. 2. OBLIGATION TO CONSTRUCT A QUALIFIED HOTEL. Subject to the other terms of this Agreement, Related WestPac shall cause a Qualified Hotel to be constructed as evidenced by a certificate of occupancy) within the West Village by not later than April 15, 2017. 3. COMPREHENSIVE PLAN PROCESS. The Town has recently initiated a process for making revisions to its existing Comprehensive Plan that are targeted at the West Village and that may result in a plan for the redevelopment of the West Village along with amended, new or supplemental Code provisions that could govern such redevelopment collectively, a "Targeted Comp Plan Revision"). The Town is under no obligation to complete or approve any revisions to its Comprehensive Plan. However, it is possible that the Targeted Comp Plan Revision could result in modifications to the existing Comprehensive Plan for the Town and/or amended, new or supplemental Code provisions that could eliminate the need for obtaining approval of a planned unit development ("PUD") under the Code for the purpose of constructing a Qualified Hotel within the West Village. It is acknowledged that under the current Code, a Qualified Hotel could not be constructed within the West Village without first obtaining approval of a planned unit development for the subject property. 4. TOWN REMEDY. The following provisions provide the remedy the Town will have if Related WestPac fails to cause a Qualified Hotel to be constructed (as evidenced by a certificate of occupancy) within the West Village by not later than April 15, 2017. The remedy available to the Town in the event of such failure will depend on the reason why Related WestPac has been unable to satisfy such obligation, as described in more detail below. A. If the Town approves a Targeted Comp Plan Revision by April 15, 2009, and the result of the Targeted Comp Plan Revision is that a Qualified Hotel could be approved within the West Village without it being required that an applicant also obtain 2 approval of a PUD under the Code, then: (a) Related WestPac shall be required to pay the Town $8,000,000.00 if Related WestPac does not cause a Qualified Hotel to be constructed (as evidenced by a certificate of occupancy) within the West Village by not later than April 15, 2017; and (b) Related WestPac and any RW Affiliate would be required to agree as a condition to obtaining any redevelopment approvals in West Village that issuance of a certificate of occupancy for 100,000 square feet of their additional redevelopment in West Village would be conditioned on having completed construction of a Qualified Hotel in West Village. B. If(i) the Town does not approve a Targeted Comp Plan Revision by April 15, 2009, or (ii) a Targeted Comp Plan Revision, even if approved by such date, would require an applicant to also obtain approval of a PUD under the Code for the construction of a Qualified Hotel, then Related WestPac shall be required to pay the Town 2,000,000.00 if Related WestPac does not cause a Qualified Hotel to be constructed (as evidenced by a certificate of occupancy) within the West Village by not later than April 15, 2017. If a Qualified Hotel could be approved pursuant to a Targeted Comp Plan Revision without the need for a PUD approval, even though it might be more desirable for an applicant to nevertheless move forward with a PUD approval to achieve for example design, height or density goals, then Related WestPac will not get the benefit of this Section 4.13 and will be bound by Section 4.A. C. Notwithstanding the provisions of Sections 4.A and 4.13 above, Related WestPac will not be required to pay any money to the Town and Related WestPac shall be released from its obligation to cause a Qualified Hotel to be constructed within the West Village if Related WestPac is prevented from constructing a Qualified Hotel within the West Village by April 15, 2017 as a result of (i) a successful Legal Challenge to any Town approval for a Qualified Hotel within the West Village, or (ii) the Town Council's final denial of an application for a Qualified Hotel in the West Village submitted by any RW Affiliate, provided the application does not seek any variations or other special approvals under the Code that require approval by a super-majority of the voting members of Town Council. 5. SECURITY FOR TOWN REMEDIES. The remedies available to the Town under Sections 4.A and 4.13 shall be secured pursuant to the following provisions of this Section 5. As of the Effective Date, BCE shall deliver to the Town a fully executed and notarized deed of trust, in the form attached to this Agreement as Exhibit D, granting a first position lien on the Brush Creek Estates Property to secure the payment obligations of Related WestPac contained in Sections 4.A and 4.13 (the "BCE Deed of Trust"). The BCE Deed of Trust shall remain in effect and an encumbrance on the Brush Creek Estates Property until the earlier to occur of (a) the satisfaction by Related WestPac of its obligation to cause the construction of a Qualified Hotel pursuant to Section 2, (b) the termination of such obligation pursuant to Section 4.C, or (c) Related WestPac causes the BCE Deed of Trust to be replaced with (X) another first position deed of trust on real property with a value of at least 8,000,000.00, or (Y) security in the form of an irrevocable financial instrument that will have a liquid cash value of not less than $8,000,000.00 as of April 15, 2017. 3 6. ADDITIONAL OBLIGATIONS. A. No Opposition to Certain Code Changes. Related WestPac, for itself and all RW Affiliates, agrees that it will not oppose the Town's adoption of overlay zoning regulations that will apply specifically to the Qualified Hotel property for the purpose of reasonably limiting owner occupancy of the units within the Qualified Hotel to a specific number of consecutive days per stay within the summer and off-season times of each year. B. Availability of Conference Space. Related WestPac will work in good faith to provide continuously available conference facilities within the Town during the course of construction within Base Village Property, the West Village and the Snowmass Center property. Given the uncertainty of future development and entitlements processes, it is agreed that demolishing the existing conference structures and providing new conference facilities will be addressed in the specific conditions of future entitlements in either the West Village and/or the Snowmass Center. C. LEED Rating. In addition to the other obligations contained in this Agreement, BVO agrees that it will use commercially reasonable efforts to obtain a LEED Silver" rating for Buildings 13A and 13B in the BV PUD pursuant to the Leadership in Energy and Environmental Design (LEED) Green Building Rating SystemTM promulgated and administered by the U.S. Green Building Council. 7. NO TOWN ZONING OBLIGATIONS. Nothing in this Agreement is intended to or shall be construed as imposing any obligation on the Town or the Town Council to approve the Targeted Comp Plan Revision or any zoning, rezoning, planned unit development, subdivision or similar application submitted by any RW Affiliate. The Town and the Town Council shall retain discretion to deny any such application to the fullest extent permitted by applicable law, including, without limitation,the Code. 8. MISCELLANEOUS PROVISIONS. A. Amendment of this Agreement. This Agreement may be amended, terminated or superceded only by mutual consent in writing of the Parties, following the Town's public notice and public hearing procedures required for approval of this Agreement. No consent of any third party will be required for the negotiation and execution of any such amendment. B. Entire Agreement. This Agreement contains the entire agreement between the Parties and no statement, promise or inducement made by either Party or the agent of either Party that is not contained in this Agreement will be valid or binding. C. Third Party Challenges. In the event of any Legal Challenge by a third party to the validity or enforceability of any provision of this Agreement, the Parties will cooperate in the defense of such challenge, but will bear their own costs and attorneys' fees. Unless otherwise provided herein, during the pendency of any such Legal Challenge, the Parties will abide by and carry out all of the terms of this Agreement, unless otherwise ordered by a court of competent jurisdiction. 4 D. Severability of Provisions. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will continue in full force and effect so long as enforcement of the remaining provisions would not be inequitable to the Party against whom they are being enforced under the facts and circumstances then pertaining, or substantially deprive such Party of the benefit of its bargain. E. Applicable Law. This Agreement will be enforceable according to the laws of the State of Colorado. F. Notices. Any notice or communication required or permitted under this Agreement must be in writing, and may be given either personally, by Federal Express or similar next-day delivery service, or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same will be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (ii) five days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar next-day delivery service, a notice will be deemed to have been given and received on the immediately following business day. If personally delivered, a notice will be deemed to have been given and received when delivered to the Party to whom it is addressed. Any Party hereto may at any time, by giving written notice to the other Party hereto as provided in this Section F, designate additional persons to whom notices or communications will be given, and designate any other address in substitution of the address to which such notice or communication will be given. Such notices or communications will be given to the Parties at their addresses set forth below: If to Town: Town of Snowmass Village Attn: Town Manager P.O. Box 5010 16 Kearns Road Snowmass Village, CO 81615 With a required copy to: Town of Snowmass Village Attn: Town Attorney P.O. Box 5010 16 Kearns Road Snowmass Village, CO 81615 5 If to BVO, BCE or Related WestPac: c/o Related WestPac Attn: Patrick Smith 132 West Main, Suite A Aspen, CO 81611 With required copies to: Otten, Johnson, Robinson,Neff&Ragonetti, P.C. Attn: Bart Johnson 420 E. Main Street, Suite 210 Aspen, Colorado 81611 G. No Third Party Beneficiaries/Third Party Agreements. Nothing expressed or implied in this Agreement is intended or will be construed to confer upon, or to give to, any legal person other than the Parties, any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all of the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the Parties will be for the sole and exclusive benefit of the Parties. Nothing in this Agreement is intended to interfere with the agreements of the Parties with third parties. H. Further Assurances. Each Party will execute and deliver such documents or instruments and take such action as may be reasonably requested by the other Party to confirm or clarify the intent of the provision hereof and to effectuate the agreements herein contained and the intent hereof. I.Waiver. No waiver of one or more of the terms of the Agreement will constitute a waiver of other terns. No waiver of any provision of this Agreement in any instance will constitute a waiver of such provision in other instances. J.Titles of Sections and Articles. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience or reference only and will be disregarded in construing or interpreting any of its provisions. K. Exhibits. All exhibits to this Agreement will be incorporated herein and deemed a part ofthis Agreement. remainder of page intentionally blank] 6 IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to executed this Agreement as of the day and year first above written. TOWN: TOWN OF SNOWMASS VILLAGE, COLORADO Douglas Mercatoris, Mayor ATTEST: Rhonda Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney 7 BCE: BRUSH CREEK ESTATES LLC, a Colorado limited liability company By: Name: Patrick N. Smith Title:Manager BVO: BASE VILLAGE OWNER LLC, a Delaware limited liability company, By: Name: Patrick N. Smith Title: Manager RELATED WESTPAC: RELATED WESTPAC LLC, a Delaware limited liability company, By: Name: Patrick N. Smith Title: Manager STATE OF COLORADO ss: COUNTY OF PITKIN The foregoing instrument was subscribed and sworn to me by Patrick N. Smith, as Manager of BRUSH CREEK ESTATES LLC, a Colorado limited liability company, this day of 2007. WITNESS my hand and official seal. My commission expires: Notary Public 8 STATE OF COLORADO ss: COUNTY OF PITKIN The foregoing instrument was subscribed and sworn to me by Patrick N. Smith, as Manager of RELATED WESTPAC LLC, a Delaware limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ss: COUNTY OF PITKIN The foregoing instrument was subscribed and sworn to me by Patrick N. Smith, as Manager of BASE VILLAGE OWNER LLC, a Delaware limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public 9 EXHIBIT A Definitions For purposes of this Agreement, the following terms and references have the following meanings: 1. "Agreement" means this Hotel Development Agreement and any Exhibits attached hereto, all of which are incorporated herein by this reference, as amended in accordance with its terms. 2. "Base Village Property" means the real property that is legally described on Exhibit C. 3. "Brush Creek Estates Property" means the real property that is legally described on Exhibit B. 4.Code" means the Snowmass Village Land Use and Development Code, codified as Chapter 16A of the Snowmass Village Municipal Code, as amended from time to time. 5. "Effective Date" means the date set forth in the initial paragraph of this Agreement, which is the effective date of Ordinance No. 15, Series of 2007, adopted by Town Council to approve this Agreement. 6.Hotel" means a building or group of buildings or portion thereof that (A) contains rooms, areas or separate spaces intended for temporary occupancy by guests typically by the day or week (though it may be for longer periods), each of which contains sanitation facilities and may contain a small kitchen area, and (B) generally offers one or more enhanced levels of service, such as: (i) a level of staffing, amenities, service or facilities above that customarily found in multi- family dwellings; (ii) twenty-four-hour front lobby check-in with in-house maid, concierge, room and maintenance services; and (iii) standardized fixtures and furnishings with central telephone, internet, cable television, heating, air conditioning and hot water systems for all units. 7. "Hotel Room" means each separately rentable unit, room or group of rooms within a Hotel. Each so-called "lock-off' room or group of rooms that may be separately rented by locking it/them off from the room or group of rooms to which they are ordinarily connected shall count as a separate Hotel Room for the purposes of this definition. 8. "Legal Challenge" means any of the following: (1) any third party commences any legal proceeding or other action that directly or indirectly challenges any action of approval by the Town Council, whether by resolution or ordinance; or 2) any person submits a petition for a referendum seeking to reverse or nullify any such approval by the Town Council; or (3) any person submits a petition for A-1 an initiated measure that would have the effect of directly or indirectly invalidating any such approval by the Town Council. 9. "Party(ies)" means, individually or collectively as applicable, the original signatory parties to this Agreement and their respective successors or assigns. 10. "RW Affiliates" means BVO, BCE, Related WestPac and any other entity that (a) is the owner in fee simple of real property in the Town; and (b) controls, is controlled by, or is under common control with Related WestPac. 11. "Town Council"means the town council of the Town. 12. "West Village" means the area of the Town generally located along the west side of the Fannie Hill ski run of the Snowmass Ski Area and that is subject to the General Declaration of West Village Snowmass at Aspen recorded June 1, 1967 in Book 227 at Page 186, as amended from time to time. A-2 EXHIBIT B Legal Description of the Brush Creek Estates Property Parcels H and H-1, Faraway Ranch Subdivision, as shown on the Gross Parcel Plat of Faraway Ranch Subdivision recorded on March 18, 1985 in Plat Book 17 at Page 5, County of Pitkin, State of Colorado. B-1 EXHIBIT C Legal Description of the Base Village Property Lots I through 9, inclusive, according to Base Village P.U.D. Final Plat recorded February 2, 2006, at Reception No. 520483, Plat Book 77, Page 30, Pitkin County, Colorado records. C-1 EXHIBIT D Form of Deed of Trust from BCE see attached pages] D-1 ATTACHMENT 2 EXECUTIVE SUMMARY OF HOTEL DEVELOPMENT AGREEMENT Related WestPac will be obligated to cause a"Qualified Hotel" to be constructed in West Village by not later than April 15, 2017. The Qualified Hotel will: (a) be subject to an agreement with a nationally-recognized hotel chain that requires the Hotel to be operated under such chain's brand name; (b) have at least 225 keys; (c) have net conference space of at least 30 square feet per key; and (d) have a rental/management contract that will strongly motivate owners to participate in the rental program. So long as the Town adopts Comp Plan revisions by April 15, 2009 that allow a Qualified Hotel in the West Village without also requiring a PUD approval, Related WestPac will be required to pay the Town $8,000,000.00 if Related WestPac does not cause a Qualified Hotel to be constructed (as evidenced by a certificate of occupancy) within the West Village by April 15, 2017. And Related WestPac will also be obligated to agree that it cannot get a certificate of occupancy on 100,000 additional square feet in West Village until the Qualified Hotel is completed. If the Town does not adopt the needed Comp Plan revisions by April 15, 2009, or the Comp Plan revisions that are approved still require PUD approval for a Qualified Hotel, then Related WestPac will still be required to build the Qualified Hotel. But the Town's remedy for not getting it built by April 15,2017 would be reduced to $2,000,000. Related WestPac would only be relieved of its obligation to build the Qualified Hotel if: i) the final Town Council approval is overturned by court action, referendum or initiative, or (ii) the Town Council finally denies the Qualified Hotel application assuming the application didn't request any special variations requiring'/< Town Council approval). Related WestPac's financial obligations to the Town will be secured by a first deed of trust on the Brush Creek Estates single-family property. This deed of trust could only be released before Related WestPac fulfills its obligations if cash-equivalent financial security is put up in its place. Related WestPac will not oppose the Town's adoption of overlay zoning regulations that will reasonably limit owner occupancy of the units within the Qualified Hotel to a specific number of consecutive days per stay within the summer and off-season times of each year. Related WestPac will work in good faith to provide continuously available conference facilities within the Town during the course of construction within Base Village Property, the West Village and the Snowmass Center property. Related WestPac will use commercially reasonable efforts to obtain a "LEED Silver" rating for Buildings 13A and 13B in Base Village. ATTACHMENT 3 1 2 TOWN OF SNOWMASS VILLAGE 3 TOWN COUNCIL 4 5 ORDINANCE NO. 15 6 SERIES OF 2007 7 8 AN ORDINANCE CONSIDERING A MINOR PUD AMENDMENT TO CONDITIONALLY 9 DELETE CONDITION NO. 07 OF ORDINANCE NO. 21, SERIES OF 2004 (BASE to VILLAGE FINAL PUD). 11 12 WHEREAS, the Base Village Final Planned Unit Development ("BV PUD") was 13 approved by Town Council Ordinance No. 21, Series of 2004 ("Ordinance 21"); and 14 15 WHEREAS, Condition No. 7 ("Condition 7") of Ordinance 21, attached as Exhibit 16 "A" of said ordinance, concerned Buildings 13A and 13B ("Base Village Hotel") within the , 17 BV PUD and set forth certain requirements that needed to be satisfied prior to the 18 issuance of a building permit for said buildings, Phase 2A or any subsequent phase of 19 the BV PUD; and 20 21 WHEREAS, Related WestPac, LLC on behalf of Base Village Owner, LLC 22 ("Applicant') submitted a Minor PUD Amendment application dated May 16, 2007, to 23 modify certain provisions of Condition 7, as described in Exhibit "B" attached hereto and 24 incorporated herein by reference; and 25 26 WHEREAS, the request principally involved a conditional waiver of the 27 requirements of subparagraph (a) of said condition specifying that the Applicant enter 28 into an agreement with a nationally-recognized hotel chain (such as a Westin, Hyatt or 29 Hilton); and 30 31 WHEREAS, this waiver request was to conditionally allow the Base Village Hotel 32 to be operated by Kor Hotel Group as a Viceroy Hotel brand; and 33 34 WHEREAS, said request was considered by the Planning Commission on said 35 date and their recommendations were set forth in Resolution No. 12, Series of 2007; 36 and 37 38 WHEREAS, the Applicant submitted an addendum to their application dated 39 June 11, 2007 and the application, as amended, was presented to the Town Council 4o during their June 18, 2007 meeting; and 41 42 WHEREAS, Town Council Ordinance No. 9, Series of 2007, being an ordinance 43 considering granting first reading approval of the subject application, was denied on said 44 date; and 45 46 WHEREAS, a new application was submitted on July 6, 2007 requesting an 47 amendment of Ordinance 21 to modify Condition 7 whereby the the applicant offered 48 to enter into a Development Agreement, attached hereto as Exhibit "C", to transfer 49 certain requirements in Ordinance 21 and to secure a location for a new conference 50 hotel in Snowmass Village, subject to the review and standards of the Town; and TC Ord.07-15 Page 2 of 4 51 52 WHEREAS, the Applicant further proposes that the amendment to modify 53 Condition 7 would be subject to certain conditions as specified in Section Four below; 54 and 55 56 WHEREAS, a meeting was held before the Planning Commission on July 18, 57 2007; and 58 59 WHEREAS, the request was considered by the Planning Commission on said 60 date and their recommendations were set forth in Resolution No. 13, Series of 2007; 61 and 62 63 WHEREAS, the Public Hearing before the Town Council was held on September 64 4, 2007 to receive public comment on the Application; and 65 66 WHEREAS, the Town Council has reviewed the application, heard the 67 recommendations of the Town Staff and Planning Commission as well as the public 68 comments; and 69 70 WHEREAS, pursuant to the terms of Condition 7, this amendment must be 71 approved by at least 3/4 of the members of the Town Council present and voting. 72 73 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 74 Village, Colorado: 75 76 Section One: General Findings. Subject to the provisions of Section Four of this 77 Ordinance, the Town Council generally finds: 78 79 1.The Applicant has submitted sufficient information pursuant to Section 80 16A-5-390 of the Municipal Code to permit the Town Staff and the Town 81 Council an adequate review of the proposed Minor PUD Amendment. 82 83 2. The application is consistent with the applicable review standards 84 specified within Section 16A-5-390(3) of the Municipal Code. 85 86 Section Two: Specific Findings. The Town Council specifically finds: 87 88 A. Consistent with original PUD. The amendment is consistent with, or an 89 enhancement of, the original PUD approval. The report submitted to the Town of 90 Snowmass Village by Hunden Strategic Partners concludes that a Viceroy hotel 91 could achieve the underlying goals of the Base Village P.U.D. approval regarding 92 High Occupancy Turnover ("H.O.T.") beds and occupancy; however, it indicates 93 that the approved design of the buildings may not be ideally suited for larger 94 conference business use. 95 96 The Development Agreement proposes the development of a new hotel within the 97 West Village area as set forth within Exhibit "C". The Town Council finds that this CAD=rnents and Settings)dresser.TOSV_DOMAIMMy DocurnentsTinal Revised ORD 15-2007.DOC TC Ord.07-15 Page 3 of 4 98 proposal, if successfully implemented, represents an enhancement of the 99 purpose and intent of Condition 7 as originally approved. 100 lot A. No substantially adverse impact. The proposed amendment will not have a 102 substantially adverse effect on the neighborhood surrounding the land or have a 103 substantially adverse impact on the enjoyment of land abutting upon or across 104 the street from the subject property. 105 106 B. Not change character. The proposed amendment will not change the basic 107 character of the PUD or surrounding areas. 108 109 C. Comply with other applicable standards. The proposed amendment has 110 been found to comply with the other applicable standards of this Division 3, 111 Planned Unit Development 112 113 Section Three: Action. The Town Council hereby approves the Minor PUD Amendment 114 of Ordinance 21 to modify Condition 7 and require a Development Agreement, attached 115 hereto as Exhibit "C", that will secure a location for a conference hotel. Said approval 116 shall be subject to the conditions contained within Section Four below. 117 118 Section Four: Conditions of Approval. The Town Council hereby approves the 119 Application subject to the following conditions: 120 121 1. Prior to issuance of building permit for foundation construction purposes, the 122 Applicant must provide to the Town an executed agreement with Kor Hotel 123 Group that requires Buildings 13A and 13B to be operated as a Viceroy 124 brand hotel that meets the American Automobile Association's "Four 125 Diamond" standards. 126 127 2. The effectiveness of the foregoing amendment is conditioned on the 128 Applicant causing Related WestPac, LLC and Brush Creek Estates, LLC to 129 enter into with the Town a "Development Agreement Concerning Center 130 Conference Hotel" in the form attached as Exhibit "C". 131 132 3. Said agreement shall be recorded, at Applicant's expense, in the records of 133 the Pitkin County Clerk and Recorder. 134 135 4. The final condominium documents for the Master Association and 136 condominium unit association for the Base Village Hotel shall be reviewed 137 and approved by the Town prior to recording the condominium map to 138 ensure the operational model outlined within the governance structure 139 described in Exhibit "D" will be implemented. 140 141 Section Five. Severability. If any provision of this Ordinance or application hereof to 142 any person or circumstance is held invalid, the invalidity shall not affect any other 143 provision or application of this Ordinance which can be given effect without the invalid 144 provision or application, and, to this end, the provisions of this Ordinance are severable. CADocuments and Sedingsljdresser.TOSV_DOMAINNy DommentsTinal Revised ORD 15-2007.DOC TC Ord.07-15 Page 4 of 4 145 146 INTRODUCED, READ, AND APPROVED on first reading by the motion of Mayor 147 Mercatoris and the second of Council Member Wilkinson by a vote of 4 in favor and 1 148 against, on this 6t' day of August, 2007. Council Member Mordkin opposed. 149 150 APPROVED, READ, AND ADOPTED on second reading by the motion of 151 Council Member and the second of Council Member 152 by a vote of_ in favor and_against, on this 17'" day of September, 2007. 153 154 TOWN OF SNOWMASS VILLAGE 155 156 157 158 Douglas Mercatoris, Mayor 159 16o ATTEST: 161 162 163 164 Rhonda B. Coxon, Town Clerk 165 166 167 APPROVED AS TO FORM: 168 169 170 171 John C. Dresser, Jr., Town Attorney 172 CADocuments and Settings1jdresser.TOSV_DOMAIN1My DocumentsTinal Revised ORD 15-2007.DOC Exhibit "A" Ordinance No. 15, Series of 2007 Page 1 of 1) Condition No. 7 (the "Condition") of Ordinance No. 21, Series of 2004 concerned Buildings 13A and 13B, Base Village PUD as follows: Section Three. Conditions. As conditions of the final approvals granted herein, the Applicant will comply with the following: 7. Phase 2A Condition Precedent. Prior to the issuance of a building permit for Phase 2A or any subsequent phase of the Project, the Applicant will provide to the Town evidence that: a. the Applicant has entered into an agreement with a nationally- recognized hotel chain (such as a Westin, Hyatt or Hilton) that requires Buildings 13A and 13B to be operated as a "four diamond" hotel, as such standards are determined by the American Automobile Association, under such chain's brand name; and b. all residential two and three-bedroom units with bedrooms located on or having access to a main hallway in Buildings 13A and 13B have been converted to 14 additional lockoffs. This condition may only be waived or modified in accordance with the provisions of Section 16A-5-390 of the Municipal Code for a PUD amendment approved by at least 3/4 of the members of the Town Council present and voting. Exhibit "B" Ordinance No. 15, Series of 2007 Page 1 of 1) Proposed Condition 7 Amendment being the subject of Ordinance No. 9, Series of 2007 Ordinance Denied on June 18, 2007) The requirements of subparagraph (a) of Condition 7 of Ordinance 21, Series of 2004, are hereby waived to permit Buildings 13A and 13B to be operated by Kor Hotel Group as a Viceroy brand hotel. The foregoing waiver is limited by and subject to the following conditions: 1) Prior to issuance of a building permit for excavation purposes, the Applicant must provide to the Town an executed agreement with Kor Hotel Group that requires Buildings 13A and 13B to be operated as a Viceroy brand hotel that meets the American Automobile Association's "Four Diamond" standards. 2) If Kor Hotel Group (or any successor to it by merger or acquisition) ceases to operate Buildings 1 3A and 13B as a hotel under its Viceroy brand, then at the Town Council's request, the owner shall be required to either a) enter into a new operating agreement to operate Buildings 1 3A and 13B under a nationally-recognized hotel chain with a level of recognition comparable to Westin, Hyatt or Hilton pursuant to the American Automobile Association's "Four Diamond" standards; or b) obtain approval of a waiver or modification of this requirement for another specified operator by a three-fourths (3/4) majority of the present and voting members of the Town Council pursuant to the procedures for a PUD amendment in Section 16A-5-390 of the Snowmass Village Municipal Code. Exhibit "C" Ordinance No. 13, Series of 2007 Page 1 of 14) HOTEL DEVELOPMENT AGREEMENT THIS HOTEL DEVELOPMENT AGREEMENT is made and entered into as of this _ day of 2007 (the "Effective Date"), by and between the TOWN OF SNOWMASS VILLAGE, a home rule municipal corporation and political subdivision of the State of Colorado ("Town"), BASE VILLAGE OWNER LLC, a Delaware limited liability company (together with its successors and assigns, "BVO"), BRUSH CREEK ESTATES LLC, a Colorado limited liability company (together with its successors and assigns, "BCE"), and RELATED WESTPAC LLC, a Delaware limited liability company (together with its successors and assigns, "Related WestPac"). Recitals This Agreement is made with reference to the following facts: A. Capitalized terms in this Agreement not otherwise defined in the body of this Agreement have the meanings set forth in Exhibit A. B. BVO is the owner in fee simple of the Base Village Property. The Base Village Property is a planned unit development under the Code pursuant to the Base Village Planned Unit Development (the "BV PUD") approved by the Town Council pursuant to Ordinance No. 21, Series of 2004 ("Ordinance 21"). C. Condition 7 of Ordinance 21 concerned Buildings 13A and 13B within the Base Village Property and set forth certain requirements that needed to be satisfied prior to the issuance of a building permit for the construction of any buildings within Phase 2A or any subsequent phase of the BV PUD. Pursuant to its final approval on second reading of Ordinance No. 15, Series of 2007, the Town Council has approved a modification of Condition 7 for the purpose of modifying and extending the timeframe for compliance with some of these requirements and transferring them, through this Agreement, to the West Village in connection with Related WestPac's future redevelopment plans for the West Village. This modification to Condition 7 was made for the purpose of allowing construction of Buildings 13A and 13B to proceed and to permit such buildings to be operated by Kor Hotel Group as a Viceroy Hotel. D. BVO, BCE and Related WestPac desire to enter into this Agreement with the Town to satisfy the requirements Ordinance No. 15, Series of 2007. NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Exhibit "C" Ordinance No. 15, Series of 2007 Page 2 of 14) Agreement 1.QUALIFIED HOTEL STANDARDS. The term "Qualified Hotel" means a new Hotel that will: A. At the time a building permit is issued (and as a condition to the issuance of such building permit by the Town) be subject to an agreement with a nationally- recognized hotel chain that requires the Hotel to be operated under such chain's brand name. B. Have at least.225 Hotel Rooms. C. Include conference facilities with a net floor area of at least 30 square feet per Hotel Room, including conference meeting spaces, ballroom space, but not pre- function or back-of-house spaces. D. Be a condominium Hotel (meaning the rooms are separate condominium units), which Hotel must include a rental/management program and a legal structure that will encourage owners, consistent with the limits of applicable securities laws, to enroll their units in such rental/management program. 2.OBLIGATION TO CONSTRUCT A QUALIFIED HOTEL. Subject to the other terms of this Agreement, Related WestPac shall cause a Qualified Hotel to be constructed as evidenced by a certificate of occupancy) within the West Village by not later than April 15, 2017. 3.COMPREHENSIVE PLAN PROCESS. The Town has recently initiated a process for making revisions to its existing Comprehensive Plan that are targeted at the West Village and that may result in a plan for the redevelopment of the West Village along with amended, new or supplemental Code provisions that could govern such redevelopment collectively, a "Targeted Comp Plan Revision"). The Town is under no obligation to complete or approve any revisions to its Comprehensive Plan. However, it is possible that the Targeted Comp Plan Revision could result in modifications to the existing Comprehensive Plan for the Town and/or amended, new or supplemental Code provisions that could eliminate the need for obtaining approval of a planned unit development ("PUD") under the Code for the purpose of constructing a Qualified Hotel within the West Village. It is acknowledged that under the current Code, a Qualified Hotel could not be constructed within the West Village without first obtaining approval of a planned unit development for the subject property. 4. TOWN REMEDY. The following provisions provide the remedy the Town will have if Related WestPac fails to cause a Qualified Hotel to be constructed (as evidenced by a certificate of occupancy) within the West Village by not later than April 15, 2017. The remedy available to the Town in the event of such failure will depend on the reason why Related WestPac has been unable to satisfy such obligation, as described in more detail below. A. If the Town approves a Targeted Comp Plan Revision by April 15, 2009, and the result of the Targeted Comp Plan Revision is that a Qualified Hotel could be approved within the West Village without it being required that an applicant also obtain 2 Exhibit "C" Ordinance No. 15, Series of 2007 Page 3 of 14) approval of a PUD under the Code, then: (a) Related WestPac shall be required to pay the Town $8,000,000.00 if Related WestPac does not cause a Qualified Hotel to be constructed (as evidenced by a certificate of occupancy) within the West Village by not later than April 15, 2017; and (b) Related WestPac and any RW Affiliate would be required to agree as a condition to obtaining any redevelopment approvals in West Village that issuance of a certificate of occupancy for 100,000 square feet of their additional redevelopment in West Village would be conditioned on having completed construction of a Qualified Hotel in West Village. B. If(i) the Town does not approve a Targeted Comp Plan Revision by April 15, 2009, or (ii) a Targeted Comp Plan Revision, even if approved by such date, would require an applicant to also obtain approval of a PUD under the Code for the construction of a Qualified Hotel, then Related WestPac shall be required to pay the Town 2,000,000.00 if Related WestPac does not cause a Qualified Hotel to be constructed (as evidenced by a certificate of occupancy) within the West Village by not later than April 15, 2017. If a Qualified Hotel could be approved pursuant to a Targeted Comp Plan Revision without the need for a PUD approval, even though it might be more desirable for an applicant to nevertheless move forward with a PUD approval to achieve for example design, height or density goals, then Related WestPac will not get the benefit of this Section 4.13 and will be bound by Section 4.A. C. Notwithstanding the provisions of Sections 4.A and 4.13 above, Related WestPac will not be required to pay any money to the Town and Related WestPac shall be released from its obligation to cause a Qualified Hotel to be constructed within the West Village if Related WestPac is prevented from constructing a Qualified Hotel within the West Village by April 15, 2017 as a result of: (i) a successful Legal Challenge to any Town approval for a Qualified Hotel within the West Village, or (ii) the Town Council's final denial of an application for a Qualified Hotel in the West Village submitted by any RW Affiliate, provided the application does not seek any variations or other special approvals under the Code that require approval by a super-majority of the voting members of Town Council. 5.SECURITY FOR TOWN REMEDIES. The remedies available to the Town under Sections 4.A and 4.13 shall be secured pursuant to the following provisions of this Section 5. As of the Effective Date, BCE shall deliver to the Town a fully executed and notarized deed of trust, in the form attached to this Agreement as Exhibit D' granting a first position lien on the Brush Creek Estates Property to secure the payment obligations of Related WestPac contained in Sections 4.A and 4.13 (the "BCE Deed of Trust"). The BCE Deed of Trust shall remain in effect and an encumbrance on the Brush Creek Estates Property until the earlier to occur of (a) the satisfaction by Related WestPac of its obligation to cause the construction of a Qualified Hotel pursuant to Section 2, (b) the termination of such obligation pursuant to Section 4.C, or (c) Related WestPac causes the BCE Deed of Trust to be replaced with (X) another first position deed of trust on real property with a value of at least 8,000,000.00, or (Y) security in the form of an irrevocable financial instrument that will have a liquid cash value of not less than $8,000,000.00 as of April 15, 2017. 3 Exhibit "C" Ordinance No. 15, Series of 2007 Page 4 of 14) 6. ADDITIONAL OBLIGATIONS. A. No Opposition to Certain Code Chances. Related WestPac, for itself and all RW Affiliates, agrees that it will not oppose the Town's adoption of overlay zoning regulations that will apply specifically to the Qualified Hotel property for the purpose of reasonably limiting owner occupancy of the units within the Qualified Hotel to a specific number of consecutive days per stay within the summer and off-season times of each year. B. Availability of Conference Space. Related WestPac will work in good faith to provide continuously available conference facilities within the Town during the course of construction within Base Village Property, the West Village and the Snowmass Center property. Given the uncertainty of future development and entitlements processes, it is agreed that demolishing the existing conference structures and providing new conference facilities will be addressed in the specific conditions of future entitlements in either the West Village and/or the Snowmass Center. C. LEED Ratinc. In addition to the other obligations contained in this Agreement, BVO agrees that it will use commercially reasonable efforts to obtain a LEED Silver" rating for Buildings 13A and 13B in the BV PUD pursuant to the Leadership in Energy and Environmental Design (LEED) Green Building Rating SystemTm promulgated and administered by the U.S. Green Building Council. 7. NO TOWN ZONING OBLIGATIONS. Nothing in this Agreement is intended to or shall be construed as imposing any obligation on the Town or the Town Council to approve the Targeted Comp Plan Revision or any zoning, rezoning, planned unit development, subdivision or similar application submitted by any RW Affiliate. The Town and the Town Council shall retain discretion to deny any such application to the fullest extent permitted by applicable law, including, without limitation, the Code. 8. MISCELLANEOUS PROVISIONS. A. Amendment of this Agreement. This Agreement may be amended, terminated or superceded only by mutual consent in writing of the Parties, following the Town's public notice and public hearing procedures required for approval of this Agreement. No consent of any third party will be required for the negotiation and execution of any such amendment. B. Entire Agreement: This Agreement contains the entire agreement between the Parties and no statement, promise or inducement made by either Party or the agent of either Party that is not contained in this Agreement will be valid or binding. C. Third Party Challenges. In the event of any Legal Challenge by a third party to the validity or enforceability of any provision of this Agreement, the Parties will cooperate in the defense of such challenge, but will bear their own costs and attorneys' fees. Unless otherwise provided herein, during the pendency of any such Legal Challenge, the Parties will abide by and carry out all of the terms of this Agreement, unless otherwise ordered by a court of competent jurisdiction. 4 Exhibit "C" Ordinance No. 15, Series of 2007 Page 5 of 14) D. Severability of Provisions. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will continue in full force and effect so long as enforcement of the remaining provisions would not be inequitable to the Parry against whom they are being enforced under the facts and circumstances then pertaining, or substantially deprive such Party of the benefit of its bargain. E. Aonlicable Law. This Agreement will be enforceable according to the laws of the State of Colorado. F. Notices. Any notice or communication required or permitted under this Agreement must be in writing, and may be given either personally, by Federal Express or similar next-day delivery service, or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same will be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (ii) five days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar next-day delivery service, a notice will be deemed to have been given and received on the immediately following business day. If personally delivered, a notice will be deemed to have been given and received when delivered to the Party to whom it is addressed. Any Party hereto may at any time, by giving written. notice to the other Party hereto as provided in this Section F, designate additional persons to whom notices or communications will be given, and designate any other address in substitution of the address to which such notice or communication will be given. Such notices or communications will be given to the Parties at their addresses set forth below: If to Town: Town of Snowmass Village Attn: Town Manager P.O. Box 5010 16 Kearns Road Snowmass Village, CO 81615 With a required copy to: Town of Snowmass Village Attn: Town Attorney P.O. Box 5010 16 Kearns Road Snowmass Village, CO 81615 5 Exhibit "C" Ordinance No. 15, Series of 2007 Page 6 of 14) If to BVO, BCE or Related WestPac: c/o Related WestPac Attn: Patrick Smith 132 West Main, Suite A Aspen, CO 81611 With required copies to: Otten, Johnson, Robinson,Neff&Ragonetti, P.C. Attn: Bart Johnson 420 E. Main Street, Suite 210 Aspen, Colorado 81611 G. No Third Party Beneficiaries/Third Party Agreements. Nothing expressed or implied in this Agreement is intended or will be construed to confer upon, or to give to, any legal person other than the Parties, any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all of the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the Parties will be for the sole and exclusive benefit of the Parties. Nothing in this Agreement is intended to interfere with the agreements of the Parties with third parties. H. Further Assurances. Each Party will execute and deliver such documents or instruments and take such action as may be reasonably requested by the other Party to confirm or clarify the intent of the provision hereof and to effectuate the agreements herein contained and the intent hereof. I.Waiver. No waiver of one or more of the terms of the Agreement will constitute a waiver of other terms. No waiver of any provision of this Agreement in any instance will constitute a waiver of such provision in other instances. J.Titles of Sections and Articles. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience or reference only and will be disregarded in construing or interpreting any of its provisions. K. Exhibits. All exhibits to this Agreement will be incorporated herein and deemed a part of this Agreement. remainder of page intentionally blank] 6 Exhibit "C" Ordinance No. 15, Series of 2007 Page 7 of 14) IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to executed this Agreement as of the day and year first above written. TOWN: TOWN OF SNOWMASS VILLAGE, COLORADO Douglas Mercatoris, Mayor ATTEST: Rhonda Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney 7 Exhibit "C" Ordinance No. 15, Series of 2007 Page 8 of 14) BCE: BRUSH CREEK ESTATES LLC, a Colorado limited liability company By: Name: Patrick N. Smith Title:Manager BVO: BASE VILLAGE OWNER LLC, a Delaware limited liability company, By: Name: Patrick N. Smith Title: Manager RELATED WESTPAC: RELATED WESTPAC LLC, a Delaware limited liability company, By: Name: Patrick N. Smith Title: Manager STATE OF COLORADO ss: COUNTY OF PITKIN The foregoing instrument was subscribed and sworn to me by Patrick N. Smith, as Manager of BRUSH CREEK ESTATES LLC, a Colorado limited liability company, this day of 2007. WITNESS my hand and official seal. My commission expires: Notary Public 8 Exhibit "C" Ordinance No. 15, Series of 2007 Page 9 of 14) STATE OF COLORADO ss: COUNTY OF PITKIN The foregoing instrument was subscribed and sworn to me by Patrick N. Smith, as Manager of RELATED WESTPAC LLC, a Delaware limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ss: COUNTY OF PITKfN The foregoing instrument was subscribed and sworn to me by Patrick N. Smith, as Manager of BASE VILLAGE OWNER LLC, a Delaware limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public 9 Exhibit "C" Ordinance No. 15, Series of 2007 Page 1 o of 14) EXHIBIT A Definitions For purposes of this Agreement, the following terms and references have the, following meanings: 1.Agreement" means this Hotel Development Agreement and any Exhibits attached hereto, all of which are incorporated herein by this reference, as amended in accordance with its terms. 2.Base Village Property" means the real property that is legally described on Exhibit C. 3.Brush Creek Estates Property" means the real property that is legally described on Exhibit B. 4.Code" means the Snowmass Village Land Use and Development Code, codified as Chapter 16A of the Snowmass Village Municipal Code, as amended from time to time. 5.Effective Date" means the date set forth in the initial paragraph of this Agreement, which is the effective date of Ordinance No. 15, Series of 2007, adopted by Town Council to approve this Agreement. 6.Hotel" means a building or group of buildings or portion thereof that (A) contains rooms, areas or separate spaces intended for temporary occupancy by guests typically by the day or week (though it may be for longer periods), each of which contains sanitation facilities and may contain a small kitchen area, and (B) generally offers one or more enhanced levels of service, such as: (i) a level of staffing, amenities, service or facilities above that customarily found in multi- family dwellings; (ii) twenty-four-hour front lobby check-in with in-house maid, concierge, room and maintenance services; and (iii) standardized fixtures and furnishings with central telephone, internet, cable television, heating, air conditioning and hot water systems for all units. 7.Hotel Room" means each separately rentable unit, room or group of rooms within a Hotel. Each so-called "lock-off' room or group of rooms that may be separately rented by locking it/them off from the room or group of rooms to which they are ordinarily connected shall count as a separate Hotel Room for the purposes of this definition. 8.Legal Challenge" means any of the following: (1) any third party commences any legal proceeding or other action that directly or indirectly challenges any action of approval by the Town Council, whether by resolution or ordinance; or 2) any person submits a petition for a referendum seeking to reverse or nullify any such approval by the Town Council; or (3) any person submits a petition for A-1 Exhibit "C" Ordinance No. 15, Series of 2007 Pagel 1 of 14) an initiated measure that would have the effect of directly or indirectly invalidating any such approval by the Town Council. 9.Party(ies)" means, individually or collectively as applicable, the original signatory parties to this Agreement and their respective successors or assigns. 10. "RW Affiliates" means BVO, BCE, Related WestPac and any other entity that (a) is the owner in fee simple of real property in the Town; and (b) controls, is controlled by, or is under common control with Related WestPac. 11. "Town Council'means the town council of the Town. 12. "West Village" means the area of the Town generally located along the west side of the Fannie Hill ski run of the Snowmass Ski Area and that is subject to the General Declaration of West Village Snowmass at Aspen recorded June 1, 1967 in Book 227 at Page 186, as amended from time to time. A-2 Exhibit "C" Ordinance No. 15, Series of 2007 Page 12 of 14) EXHIBIT B Legal Description of the Brush Creek Estates Property Parcels H and H-1, Faraway Ranch Subdivision, as shown on the Gross Parcel Plat of Faraway Ranch Subdivision recorded on March 18, 1985 in Plat Book 17 at Page 5, County of Pitkin, State of Colorado. B-1 Exhibit "C" Ordinance No. 15, Series of 2007 Page 13 of 14) EXHIBIT C Legal Description of the Base Village Property Lots 1 through 9, inclusive, according to Base Village P.U.D. Final Plat recorded February 2, 2006, at Reception No. 520483, Plat Book 77, Page 30, Pitkin County, Colorado records. C-1 Exhibit "C" Ordinance No. 15, Series of 2007 Page 14 of 14) EXHIBIT D Form of Deed of Trust from BCE see attached pages] D-1 Exhibit "D" Ordinance No. 15, Series of 2007 rRELATED Page t of 5) Us tlV E a7 T P ,may C SECTION 6 Summary of Governance Structure The operation and management ofBuildings 13A and 13B (collectively, "Building 13") will be governed by a four-tier governance structure. First, because the buildings are within the Base Village large planned community, they will be part of the master association for Base Village (the,"Master Association"). The Master Association will be charged with maintaining the majority of the landscaping and overall exterior appearance of the entire Base Village. jSecond, an architectural control committee(the"ACC")will enforce design covenants for all of. Base Village and will be responsible for reviewing and approving changes to the exterior portions of any building in Base Village. Thud, Building 13 themselves will be governed by a condominium association (the "Condominium Association"). The Condominium Association will be responsible for maintaining and repairing Building 13 generally and enforcing the terms of the condominium declaration. Finally, for so long as Building, 13 are operated as a condominium hotel,the day to day management of the buildings would be delegated to the hotel operator pursuant to a hotel management agreement (the "Management Agreement"). The pages that follow summarize the way each of these tiers of governance will operate and be controlled. L . Base Villaee, The Master Association will be responsible for maintaining all of the areas of Base Village (Lots 1-9)that are not included within the boundaries of a condominium. These areas will include much of the landscaping,paths, sidewallcs and open areas within Base Village. The Town of Snowmass Village previously reviewed and approved the form of the Master Association declaration as part of the approval of Base Village in 2004. All of the unit owners within Base Village will be members of the Master Association and will have voting rights based onthe square footage of each member's unit. The Master Association will be governed by a seven member board of directors elected by the members of the Master Association. This board of directors is anticipated to be a class- June 2007 Addendum to the Request for a Waives 25 Exhibit "D„ Ordinance No. 15, Series of 2007 Page 2 of 5) rRELATED° eESTPAC qualified board composed of two directors who are elected only by the residential owners, two directors who are elected only by the commercial owners,two directors who are elected by only by the owner ofthe"Resort Parcel"and the"Lodging Management Site"and one director who is elected at-large by all of the members. The Master Association declaration contains the statutorily-authorized period of deelarant control during which the developer will be permitted to appoint some or all of the members of the board of directors of the Master Association. During this period of declaxant control, employees of Related/Westpac will serve as members of the board of directors. Upon the expiration of the declarant control period,the developer will continue to have the right to vote on Master Association matters and elect members to the board of directors so long as it continues to own commercial units in Base Village and/or holds unsold residential unit inventory. As such,it is anticipated that the developer will retain substantial influence over the governance of the Master Association in the longterm by virtue of its ownership of commercial units. 2. Architectural Control Committee. At the same time the Master Association declaration is recorded the developer will record a Declaration of Design and Building Covenants, Conditions and Reshictions (the "Design Declaration"). The Design Declaration will create the ACC, which will be a three member committee appointed by the developer. The developer retains the right to appoint the members of the ACC perpetually and is not forced to turn control over to the owners or any of the associations in Base Village. The ACC will be responsible for reviewing and approving all grading work to be done at Base Village, the design and location of any improvements to be constructed or modified anywhere within Base Village,the placement and design of outdoor signage,and the installation of landscaping anywhere in Base Village. The ACC is also charged with enforcing the terms of the. Design Declaration, which require the owners and associations to maintain the exterior appearance of Bass.Village. Both the Master Association and the Condominium Association will be required to comply with the requirements ofthe Design Declaration and,as such,the June 2007 Addendum to the Request for a Waivex 26 Exhibit "D" ordinance No. 15, Series of 2007 Page 3 of 5) r 'K--% ELATELJ WESTPAC developer will retain longterm control over the exterior appearance of the entirety of Base Village even after all ofthe residential units in the project have been sold 3. Condominium Association. Buildings 13A mud 13B themselves will be governed by the Condominium Association. The condominium will be comprised of three principal types of spaces—units, limited common elements and general common elements. The units will be all of the residential units, the commercial units and one or more anticipated "hotel units" (all to be identified on the' condominium map). For clarification, the hotel units would be non-commercial areas owned by the developer or the hotel operator in connection with the' operation of Building 13 as. a condominium hotel (such as check-in facilities, housekeeping areas, management offices and similar spaces in the buildings). Limited common elements will be those common elements allocated only to certain units, such as the balconies adjoining each residential unit. General common elements are those common elements used by or accessible to all unit owners, their lessees and guests, such as parking areas under the buildings. The Condominium Association will be responsible for repairing and maintaining the common elements in the condominium and for keeping the same in good and safe condition, subject to the provisions in the condominium declaration for casualties and condemnation. The unit owners will generally be responsible for maintaining their units and certain limited common elements allocated to their units (such as, again,balconies). Like the Master Association,the Condominium Association will be governed by a class- qualified board of directors. This board of directors would be independent of the Master Association's board of directors, however all actions of the board of directors and the Condominium Association will be subject to the limitations and regulations, to the extent applicable, of the Master Association governing documents. We anticipate that the board of directors will be composed ofthree to five members and that separate directors would be elected by the owners ofthe residential units,the owner(s)of the commercial units and the owner ofthe hotel unite Additionally,ifBuilding 13 include a fractional ownership plan,the owners ofthe June 2007 Addendum to the Request for a Waiver 27 Exhibit "®" Ordinance No. 15,Series of 2007 rRELATED( Page 4 of 5) q ^.ph fractional interests will likely constitute a class of owners entitled to elect their own director to the board of directors. The condominium declaration for the condominium will provide for the statutorily authorized period of declarant control during which the declarant would be permitted to appoint some or all of the members of the board of directors of the Condominium Association. During this period of declarant control,employees ofRelated/Westpac intend to serve as members ofthe board of directors. Because under Colorado law the developer of a condominimn is required to turn over control ofthe condominium to the unit owners following the declarant control period,it is impossible for the developer to indefinitely retain direct control over the Condominium Association. With that said, upon the expiration of the declarant control period, the developer would continue to have the right to vote on Condominium Association matters and elect members to the board of directors so long as it continues to have unsold residential unit inventory,owns any commercial units or owns the hotel unit. In addition,because the hotel units would be owned by the'developer or the hotel operator,the Condominium Association and the residential unit owners would only have access to those spaces with the consent of the hotel operator or developer, as applicable. As noted above, the spaces within Building 13 that are anticipated to be hotel units include the cbeck-in area, housekeeping closets, and management offices. Given the importance of these spaces,the Condominium.Association has a significant. incentive to retain the hotel operator for the Management and operation of the Building 13 over the long term. 4. Management Aareement. Though the developer will be required to ultimately turn over control of the Condominium Association to the unit owners,because Building 13 are intended to be operated as a condominium hotel,the hotel operator would retain significant control over the operation of the condominium itself for so long as it remains the operator of the project. This control would stem from the provisions of the Management Agreement between the Condominium.Association and the hotel operator. June 2007 Addendum to the Request for a W2iva 28 Exhibit "®" Ordinance No. 15, Series of 2007 Page 5 of 5) ELATED W S T P Q C While representatives of Viceroy are providing a separate summary ofthe terms of such a Management Agreement, it is important to note here that the Management Agreement would give the hotel operator day-to-day managerial control over the Condominium Association as nrauy of the responsibilities otherwise allocated to the Condominium Association would effectively be delegated to the hotel operator pursuant to the terms of the Management Agreement. As a result, even though the developer will be forced to give up control of the Condominium Association, the hotel operator would be able to effectively manage and operate the condominium itself for so long as the Management Agreement remains in effect. In addition to the considerations regarding control ofthe hotel units discussed above,the various management,operations and other services provided.by the hotel operator pursuant to the Management Agreement would provide the Condominium Association with an additional incentive to retain the hotel operator. We anticipate that the services to be provided to residential unit owners (such as food service and valet parking) as well as the day-to-day administrative management services provided to the Condominium Association by the hotel operator will all provide signficant reasons for the Condominium Association to value its relationship with the hotel operator and maintainthe Management Agreement in force. Summary Onlv. This summary is intended only to highlight and describe in general terms the way in which the Master Association, the ACC, the Condominium Association and the Management Agreement will combine to regulate the use and appearance of Building 13. The actual governing documents for the Master Association, the ACC and the Condominium Association aiid the provisions of the Management Agreement will contain other terms not inconsistent with this summary, and, as such, the provisions of this summary are not intended to lindt or specify the contents of any such governing documents(except for the specific matters described above). June 2007 Addendum to the Request for a Waiver 29 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: September 17, 2007 meeting SUBJECT: DISCUSSION — SNOWMASS CLUB COMPREHENSIVE SIGN PLAN AMENDMENT: REVIEW AND DISCUSSION OF THE PROPOSED COMPREHENSIVE SIGN PLAN AMENDMENT FOR THE SNOWMASS CLUB. This particular application is a Comprehensive Sign Plan modification for the Snowmass Club pursuant to Section 16A-4-560, Comprehensive Sion Plan, of the Town of Snowmass Village Land Use and Development Code, for the property located on Parcel 10 and Lots 1 and 3 of Parcel 4 of the Snowmass Club Phase I and II Replat. Applicant: Aspen Skiing Company Project representative: Don Schuster Planner: Jim Wahlstrom I. PURPOSE AND ACTIONS REQUESTED OF TOWN COUNCIL: Purpose: The primary purpose of this meeting would be to hear an initial presentation' by the Applicant of their proposed Comprehensive Sign Plan Amendment. See the separate handout of the application notebook dated August 2007. Action Requested of Town Council: Provide review comments and direction in preparation for a required public hearing and an ordinance for consideration at subsequent meetings. II. SUMMARY OF DESCRIPTION OF PROJECT. The last Comprehensive Sign Plan for the Snowmass Club was approved by Ordinance No. 23, Series of 2001 (Ordinance 23). A total of 11 signs were approved at that time. Dimensional parameters of the existing signs are explained further below. The currently proposed Comprehensive Sign Plan Amendment for the Snowmass Club is provided in the separate handout of the application notebook, which provides dimensional parameters, photos, simulations and the staking locations for the proposed signs or replacements. See the summary table of the changes in the description section of the application notebook and in Attachment 1 of this report. The Applicant has confirmed that the proposed directional Signs #3 through #6C would replace previously approved Signs C through F under Ordinance 23 (six sign replacements). Six new signs are being added. Two signs are being removed. Three existing signs remain. The net difference is that the Comprehensive Sign Plan Amendment would include 15 signs, four more than previously approved under Ordinance 23. 1 The proposed Comprehensive Sign Plan Amendment more specifically involves: 1. Sign H. This sign would be a replacement of the "Hillside sign" at the new roundabout near Highline Road and Brush Creek Road that would be indirectly illuminated. This was the sign "H" location in Ordinance 23 that measured 50" high with a rectangular 30.5" by 120" sign face. With the revision, the Applicant now wishes to relocate the replacement Sign H farther to the west as shown in the packet photographs and staking locations. Replacement Sign H measures 48" high by 10 feet in length on generally the same sign area. Two 10" by 10" stone posts are being added on the ends of the sign. 2. Entryway signs. The addition of two new indirectly illuminated cast bronze signs on sandstone slabs near the south corners of Brush Creek Road and Clubhouse Drive. With the revision, the Applicant clarified that one of these signs replaces an existing non-conforming sign. The oval entry signs measure 30" x 52" mounted on 7.5-foot high by 44-inch wide sandstone slabs. 3. Sign #1. The addition of new Sign #1 for a directional sign to the Snowmass Club facilities on the southbound approach on Clubhouse Drive from Brush Creek Road. Sign #1 is a pedestal type sign measuring 5.5 feet in height with a 20" x 30" oval, double-faced sign area, which Staff believes could be placed within the parkway area between Clubhouse Drive and the detached sidewalk rather than next to or on the athletic field property. 4. Sign #2. The addition of new Sign #2 for a double-faced directional sign into the golf clubhouse and Black Saddle parking area. It is 5.5 feet in height with a 20" x 30" oval sign area. 5. Sign #3 is a directional sign for the Tennis Pro Shop replacing previously approved Sign F that had a 20" by 32" oval sign area and mounted to a height of 84". The new sign replacement would be turned 90-degrees so that it is visible from both directions double-faced). The new sign is 5.5 feet in height with a 20"x 30" oval sign area. 6. Sign #4 is a directional sign for the parking areas serving the club residences and the additional athletic club parking replacing previously approved Sign D2 measuring 84" in height with a 20" by 32" oval sign area. The new sign measurements are the same as the other directional pedestal signs (see Sign #3 above). 7. Sign #5 was a previously proposed directional sign for the loading dock or deliveries and replaces previously approved Sign D (same sign measurements as Sign D2). The new sign would have been mounted to the outside wall of the Tennis building facing Clubhouse Drive, incorporating a oval sign area shape of a 20" x 30". The Planning Commission recommended that this sign be deleted, and the Applicant has since concurred. 8. Sign #6AB is a double-faced indirectly illuminated directional sign at the main entrance to the Club parking from Clubhouse Drive directing guests to the restaurant, athletic club and reception area. This sign replaces previously approved Sign C measuring 84" tall with a 24" by 38" oval sign area. The new sign measurements are the same as the other directional pedestal signs (see Sign #3 above). 9. Sign #6C is a new directional sign for the front building entrance to the restaurant, athletic club and reception area. The sign measurements are the same as the other directional pedestal signs. 10. Sign #8. As previously proposed, a new indirectly illuminated cast bronze oval Sign 8 measuring 32" x 48" on a 7.5-foot tall stone slab base was intended at the northeast corner of Snowmass Club Circle and Clubhouse Drive. This sign would replace the Sign C2 location in Ordinance 23. The Planning Commission recommended that the sign design be modified to reflect more of pedestal type 2 directional sign designs versus a monument base design. The Applicant agreed to this recommendation. Alternate location 1: Since the resubmission of the application materials for Council distribution, the Applicant has proposed the redesign on stone pedestals for this sign, but wishes to relocate the sign to the northwest corner of the intersection on the telephone company's property. The Applicant was unable to obtain a written consent from the telephone company, so this would need to be a condition if this is the preferred location. However, this location may impede a driver's sight line from the intersection. Alternate location 2: An optional location for the sign would be across the street allowing for a double- faced arrangement, which may offer improved way finding for visitors from both directions on Snowmass Club Circle. The proposed sign is a 20" by 48" oval mounted on two 7" by 7" stone posts. The Applicant should specify the maximum height of the sign. Standard height maximums are five feet. 11. The Highline Road sign, installed a year ago or so without a sign permit, is now proposed to be incorporated as part of the current Comprehensive Sign Plan amendment. This sign measures 29.5" x 52" on a 6-foot tall by 48" wide sandstone slab. As this existing non-conforming sign was not in the previous CSP application and approval via Ordinance 23, Planning Commission recommended that it be incorporated into the current CSP Amendment and retained in its current location. 12. Sign B. Previously approved Sign B under Ordinance 23 will remain by the circle in front of the main entrance off of Snowmass Club Circle. It is five feet tall with an oval sign area of 18.9 square feet on stone clad precast concrete walls pursuant to Ordinance 23. 13. Sign A. Previously approved Sign A, near the Club's main entrance off of Snowmass Club Circle, is now proposed for replacement pursuant to the revision of the Sign Plan Amendment. The previously approved sign measured 84" in height with a 29.5" by 52" oval sign together with a changeable backboard area of 20" by 57.5". The new replacement oval Sign A measures 29.5" x 52" on a 7-foot tall by 42" wide sandstone slab, similar to the other new entryway signs. It's proposed to be indirectly illuminated as previously approved by Ordinance 23. 14. Signs G and G1. Existing directional Signs G and G1 will remain at the Club Commons employee housing area. The Sign G measurements are also 84" tall with 20" by 32" oval shaped sign areas. Sign G1 is a wall-mounted oval sign measuring 37.5" by 65.5". Ill. BACKGROUND The last Comprehensive Sign Plan Amendment for the Snowmass Club was approved by Ordinance No. 23, Series of 2001 (Ordinance 23). The original Comprehensive Sign Plan for the site was approved by Ordinance No. 16, Series of 1993. IV. APPLICABLE REGULATIONS Municipal Code review criteria, which regulate the review and approval of comprehensive sign plans, are included in Section 16A-4-560, Comprehensive Sion Plan, of the Municipal Code. For Comprehensive Sign Plan Amendments, the Town Council must find whether the following criteria in Section 16A-4-560(c)(6)b1 through b4, have been met as follows: 1) The proposed amendment does not adversely affect the development and preservation of the entire sign plan; 3 2) The proposed amendment does not adversely affect surrounding land uses; 3) The proposed amendment does not conflict with the purposes of the Municipal Code's Comprehensive Sign Plan Division under Section 16A-4-500, as further described below; and 4) The proposed amendment would not be granted solely to confer a special benefit upon any party. In the Code under Section 16A-4-500(a), the purpose for a comprehensive sign plan is, to authorize a comprehensive sign plan to be submitted so as to afford such flexibility, while still meeting the purpose of this Division." It further states that, `there are special circumstances within the Town that deserve flexibility from the standards prescribed in this Division, when such flexibility is in the best interest of the community." Under the general "Purpose" section 16A-4-500, Sign standards, it generally states: 1. Authorized signs need to promote the use of signs that are: a. Compatible with their surroundings; b. Appropriate to the type of activity to which they pertain; c. Expressive of the identity of both individual proprietors and the community as a whole; and d. Legible in the circumstances in which they are seen; 2. Promote orderly display to enhance the economy and the businesses within the Town by promoting the reasonable, orderly and effective display of signs and encouraging better communication with the public; and 3. Preserve the open and uncluttered feeling characteristic of the Town. Pursuant to Code Section 16A-4-540, Standards applicable to particular types of signs, below is a summary of the affected provisions for freestanding signs if a comprehensive sign plan were not submitted to allow flexibility from these standards: Height of freestanding on-premise signs: Maximum five (5) feet above the highest grade elevation at the base of the sign. Width: No more than seven (7) feet wide. Display area: Maximum of 17.5 square feet, including architectural embellishments and background materials. Location: To be within a landscaped area. Signs shall not project into the public rights-of-way unless granted a variance and that such signs do not interfere with vehicular sight distance. Illumination: Freestanding signs may be indirectly illuminated, provided it does not adversely affect pedestrian or vehicular traffic. Pursuant to the Lighting Ordinance No. 18, Series of 2003, there are certain requirements that apply to signs as follows: 4 Section 18-265h: "Up lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs or year-round tree canopies which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one fixture per 150 square feet of area and total lamp wattage within a fixture of 35 watts" Section 18-266: In addition to the provisions of Section 18-265, the following provisions shall further regulate lighting of signs: a. "Sign illumination shall not exceed 75 foot-candles as measured at the brightest point on the sign face." b. "Only lighting that conforms with the Residential Lighting Standards shall illuminate signs in residential neighborhoods and zone districts." c. 'Illuminated signs, equal to or larger than 20 square feet in size, shall be turned off no later than 11:00 p.m. or one-half hour after the use to which it is appurtenant to is closed, whichever is later." V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS 1. Are the proposed signs compatible with their surroundings? Some of the previously approved signs would or may remain on the property that may or may not be compatible with the new sign designs. There should also be consideration of the new signs that would be visible from Brush Creek Road as they might relation to the signs envisioned at the Entryway site. Sign heights, profiles, and the monument designs as well as materials and colors may relate to this question as well. 2. Are the proposed signs appropriate to the type of activity to which they pertain? A definition for "appropriate" means "especially suitable or compatible or fitting." 3. Are the proposed signs expressive of the identity of both individual proprietors and the community as a whole? A definition for "expressive" means, "to represent'; or, to effectively convey the meaning or feeling" of the identity intended or desired for the signs. 4. Are the new signs legible in the circumstances in which they are seen? A definition for 'legible" includes, "capable of being read or deciphered" or "capable of being discovered or understood." This particular question may apply to the proposed sign and font sizes and/or the illumination of certain signs. 5. Do the proposed signs promote the orderly display to enhance the economy and the businesses within the Town by promoting the reasonable, orderly and effective display of signs and encourage better communication with the public? Another way of asking the question is whether the signs promote better communication or are they placed as a means to better advertise the premises? 6. Do the proposed signs and their locations preserve the open and uncluttered feeling characteristic of the Town? Are there places where signs could be combined, lowered in height, or reduced in area or number to achieve this criterion? Are all signs represented in the application (e.g., existing, proposed replacements and additions)? 7. Would a variance to allow certain freestanding signs within the public rights-of-way seem permissible? The Public Works Department has indicated that these signs would trigger a license agreement, or any other signs placed on public property. 8. Is the proposed lighting for the freestanding signs compatible with the illumination and lighting ordinance standards in the Code? The proposed 110 watts of light seem excessive in contrast to the limit of 35 watts for each lamp fixture per the Code, depending on the number of lamps needed to light each affected freestanding sign. 5 The Applicant previously demonstrated to the Planning Commission that they could meet the 75 footcandle limit at the sign face. However, the Planning Commission recommended that the Applicant consider other lighting options that would meet the limits of the lighting ordinance. Enlarged plan view areas of the signs showing the proposed landscaping around the sign in scaled relation to the street edges, walkways, curbs, property lines/rights-of-way and proposed sign lighting might be appropriate for review, similar to the previous approval in Ordinance 23. However, many of the areas proposed for the signs are in non-irrigated spaces and are mostly in the same locations as the previously approved signs. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments: Attachment 1: Map and legend of sign locations. Attachment 2: Review/response comments dated July 20, 2007 from the Town's Public Works Department. Attachment 3: Planning Commission Resolution No. 14, Series of 2007. Please note that Exhibit "A" for the resolution is not included as it is similar to the Applicant's separate handout packet of their application materials. Separate Handout: See the separate handout of the current application materials. VII. SUMMARY OF STAFF RECOMMENDATIONS AND FINDINGS For the purpose of determining the proper findings and conditions for an ordinance, Staff recommends that the Council provide feedback concerning the listed items below, otherwise the Planning Commission recommendations would be forwarded as draft conditions in the ordinance if agreeable by the Council: a. Determine whether the proposed signs are compatible with other existing or envisioned signs on the premises or surrounding areas. b. Determine whether the proposed signs, including font and background sizes, profiles, heights, numbers (i.e., four more than previously approved), and monument designs as well as materials and colors are consistent with and minimize impacts pursuant to the `purpose' intent for comprehensive sign plans. c. Determine whether the sign plan meets the illumination and lighting standards of the Code. d. Determine if a variance might be appropriate or permissible for allowing signs in public rights-of-way or other public property, or if they should be relocated (e.g., Signs #1, #2 and #8). e. Determine whether additional information or materials are needed to evaluate the proposed comprehensive sign plan modifications. VIII. NEXT STEPS Next Steps include: Scheduling the first reading of an ordinance for the October 1, 2007 meeting. The required 15-day public hearing notice will be published and mailed in advance of the second reading of the ordinance. 6 L13 LW.. d Alma d Replaced Atldatl Refnovetl Remelnvp S, n s sin. . In. I L1 H Hlla de Sign f L3 G1 GI LE i3 F L-6 D2 44 L4 c1 # BAB L4 G2 46 L-10 q New Sarn Hi L.i1 G a f• 1 \ GAT' ra 41z Hprdx, a On. s L. f „ r L5 LJ ti L-13 ErtlrYWBY 1Y. 6 s2 1 + y 414b15 Pa. in[ 6rpra W. Song Bird Trail 416 46C i \ rti t p 11 Won, > ai ne I6ai n td n 3Mn lLd Y JI 9 ' s Lu CIL c r o4b . J. o t O z ISSnowmass Club Sn. wm... Vilin. C. mad. OVERALL- ExIstinp and Proposed A".. tiding Comp. aY 1 7 ATTACHMENT 1 TC Report 09-17-07 Page 2 of 2 Legend Approved Replaced Added Removed Remaining Signs by Signs Signs signs L-1 H Hillside Sign L-2 G G L-3 G1 G1 L-4 E 3 L-5 F ro F L-6 D2 4 L-7 D 5 L-B C1 6AB L-9 C2 B L-10 A New Sign L-11 B B L-12 Highline Drive Sign L-13 Entryway Signs 2 L-14 1 L-15 2 L-16 6C Ills s 16 signs 1 si n 3 signs ATTACHMENT 2 TC Report 09-17-07 Page 1 of 2 Comments 07-20-07 - Public works From: John Baker Sent: Friday, July 20, 2007 7:37 AM To: Jim wahlstrom Cc: Hunt walker subject: RE: snowmass Club CSP Amdt Jim in summary to there sign plan with Pw comment we ask that any proposed signs, monuments, improvements, etc. within the town right of way will need approval and license agreement with public works before any work can occur. Thanks Town of snowmass village John Baker, Road Supervisor P.O.B. 5010 3745 owl creek Road snowmass village, CO. 81615 970-923-5110 Fax 970-923-3794 Original Message----- From: Jim wahlstrom Sent: Thursday, July 19, 2007 10:24 AM To: Hunt walker; John Baker subject: Fw: snowmass Club CSP Amdt Hunt, John, Below is a summary of the discussion points by Planning Commission last night concerning the proposed comprehensive sign Plan Amendment for the snowmass Club. This was referred to your department in June, but I reported to the PC that we did not receive any comments from the Public works Department. we advised that a license agreement may be required for a few sign that appear to be within ppublic rights-of-way. see comment #13 below. Be advised that the Applicant may be in contact with you soon. However, we'd appreciate your review comments in advance so we could then incorporate as recommendations/conditions in the upcoming resolution/ordinance. The next Planning commission meeting on this proposal is on August 1, but I would need your comments explaining Public works' requirements no later than July 25 to include in the next staff report to the Planning commission. Thanks, Jim Original Message----- From: Jim wahlstrom sent: Thursday, July 19, 2007 9:58 AM To: 'Don Schuster (dschuster@aspensnowmass.com) ' ; 'Gert VanMoorsel gvanmoorsel @aspensnowmass.com) ' subject: snowmass club CSP Amdt Don, Gert, Below are some of the notes I generally gathered from the Planning commission meeting last night regarding the review of the proposed snowmass club comprehensive Plan Amendment. 1. Planning commission has a few questions re: the design, placement and visibility of sign H and the effects of the roundabout landscaping. The Applicant stated that sign H would have a natural vegetative base. 2. PC felt that the angled single-faced entryway signs were best for visitors/guest over a placement of a double-faced sign; These signs provide symmetry and frames the entry. However, the location better on the plan legend and/or the photo Sims. 3. Directional sign #5 for Deliveries to be mounted to front side of Tennis building rather than on the side per the Applicant; Legend map to be revised to show correct location; PC thought that consideration should be given to lighting this sign, especially for early morning deliveries. Page 1 ATTACHMENT 2 TC Report 09-17-07 Page 2 of 2 Comments 07-20-07 - Public works 4. It was represented by the Applicant that previous sign F for Tennis would be removed; staff will likely use the exhibit showing the proposed removal of the previously approved signs in the resolution. 5. It was represented by the Applicant that directional sign 6AB would be lit on both sides, being a double-faced sign. 6. PC recommended that the Applicant consider reducing the size and mass of sign #8 similar to the other directional sign designs (pedestals) and changing the wording on the sign to read, "snowmass club Guest Registration" for arriving visitors/guests. 7. The sign on slab stone monument on Highline Road should remain, but it should officially be incorporated as part of the current CSP Amendment together with plan view drawings and sign details with dimensioning, etc. staff cannot locate the approval for such sign in ordinance 23 or during a time prior to the current CSP Amendment application. 8. Enlarged plan view details of each sign location was requested for review at the next meeting. These plans should show proposed sign placements, base plantings, lamp locations and setback dimensions in relation to edge of roadway, curb lines, right-of-way, and walkways. Plans to demonstrate clearance of signs for bicyclists, pedestrians and vehicles. specify the locations that do not have irrigation availability. I would need 10 sets in hand by July 24, end of dayy. 9. PC also requested that each proposed sign location be staked by July 29, so that the PC members could individually inspect the site prior to the August 1 meeting; Please confirm with me when this has been completed. 10. PC requested a lighting demonstration/sample night photos of the proposed LEDlampsfortheAugust1meeting. They requested that the Applicant research down lighting options vs. uplighting. Applicant to commit/demonstrate that they can meet intent of the lighting ordinance provisions re: maximum lighting levels. Let me know if you will be ready. for the demonstration in time for the August 1 meeting. 11. There was a comment made that street lights not be used for purpose of illuminating signs. 12. Any proposed resubmissions by the Applicant should be officially proposed as an addendum or update to the comprehensive plan amendment. Also confirm the final net increase of new signs from the CSP approved in 2001 by Ordinance 23. 13. A license agreement will be likely required for the entry signs (depending on the proposed location to be re-clarified) , sign #8 and the existing monument sign on Highline Road. Meet with Public works to determine what their requirements might be concerning sight distance, location, snow storage, etc. prior to the August 1 meeting, staff will attempt to get their feedback as well . 14. PC requested draft resolution for review by the August 1 meeting. Jim Jim wahlstrom, senior Planner Town of snowmass village Planning Department 0016 Kearns Road P.O. BOX 5010 snowmass village, co 81615 Phone: 970-923-5524, x635 Fax: 970-923-1861 E-mail : jimwahlstrom@tosv.com Page 2 ATTACHMENT TC Report 09-17-07 Page 1 of 5 TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION No. 14 SERIES OF 2007 A RESOLUTION PROVIDING RECOMMENDATIONS TO THE TOWN COUNCIL CONCERNING A PROPOSED COMPREHENSIVE SIGN PLAN AMENDMENT FOR THE SNOWMASS CLUB. WHEREAS, the Snowmass Village Town Council ("Town Council") adopted Ordinance No. 25, Series of 1984, amending the Land Use Code and establishing regulations for signs within the community; and WHEREAS, the Town Council subsequently adopted Ordinance No. 16, Series of 1993, approving the original Comprehensive Sign Plan for the Snowmass Club and Lodge; and WHEREAS, the Town Council subsequently adopted Ordinance No. 4, Series of 1998, and Ordinance No. 7, Series of 2000, amending provisions within the Land Use Code which included regulations for signs within the community; and WHEREAS, Section 16A-4-560 of the Land Use Code establishes provisions for a Comprehensive Sign Plan, the intent of which is to provide flexibility from the adopted sign standards when said Plan receives approval by the Town; and WHEREAS, the Snowmass Club Associates submitted a Comprehensive Sign Plan Amendment on June 21, 2001 that was reviewed by the Planning Commission and approved by the Town Council via Ordinance No. 23, Series of 2001 (Ordinance 23); and WHEREAS, the Aspen Skiing Company ("Applicant") submitted a second Comprehensive Sign Plan Amendment on June 11, 2007 in accordance with the provisions established in the Municipal Code and as further described or illustrated in attached Exhibit"A" incorporated herein by reference; and WHEREAS, the Applicant submitted on July 25, 2007 supplemental information and a revision to their Comprehensive Sign Plan Amendment mainly in response to the Planning Commission discussion and directives at a meeting on July 18, 2007, but also for the purpose of darifying the signs to remain, to be removed, replaced or added; and WHEREAS, public meetings were held on July 18, 2007 and August 1, 2007 before the Planning Commission to review the application, revisions or ATTACHMENT 3 PC Reso.07-14 TC Report 09-17-07 Page 2 of 5 Page 2 of 5 supplements thereto, consider the Staff report, and make recommendations to the Council via this resolution. Section One: Findings. The Planning Commission has reviewed the Comprehensive Sign Plan Amendment and supplemental revisions and finds the following: 1) The Applicant has presented special circumstances, such as the landscaping in the roundabout and the new amenities on the site, which deserve flexibility from the standards prescribed in Chapter 16A-4-560(a), Comprehensive Sign Plan, of the Municipal Code and that said flexibility is in the best interest of the community. 2) The Amended Comprehensive Sign Plan has been submitted in accordance with requirements of the Municipal Code, as described in Section 16A-4-560. 3) Pursuant to Section 16A-4-560(c)(6)b1, the proposed amendment should not adversely affect the development and preservation of the entire sign plan. 4) Pursuant to Section 16A-4-560(c)(6)b2, the proposed amendment should not adversely affect surrounding land uses. 5) Pursuant to Section 16A-4-560(c)(6)b3, the proposed amendment appears to not conflict with the purposes of the Municipal Code's Comprehensive Sign Plan Division under Section 16A-4-500 in that: a) The signs seem compatible with their surroundings; b) The signs appear appropriate to the type of activity to which they pertain; c) The signs leave the impression that they are expressive of the identity of both individual proprietors and the community as a whole; d) The signs convey legibility in the circumstances in which they are seen; e) The Comprehensive Sign Plan Amendment would appear to enhance the economy and the businesses within the Town by promoting the reasonable, orderly and effective display of the sign and encourages better communication with the public; and f) The Comprehensive Sign Plan Amendment seems to preserve the open and uncluttered feeling characteristic of the Town. 6) Pursuant to Section 16A-4-560(c)(6)b4, the proposed amendment would not be granted solely to confer a special benefit upon any party. 7) The Applicant has satisfactorily demonstrated that the lighting for the signs meets the illumination or lighting standards in the Municipal Code or lighting ordinance, but the indirect uplighting of the affected signs seems inadequate in providing way finding for guests and tends to create a glare upon the sign faces. ATTACHMENT 3 PC Reso.07-14 TC Report 09-17-07 Page 3 of 5 Page 3 of 5 8) A variance to allow certain signs within the public rights-of-way of Brush Creek Road, Highline Road and Snowmass Club Circle seems acceptable, provided the Applicant mitigates impacts as identified by the Town's Public Works Department prior to a license agreement for such signs being executed. 9) The signs proposed within the Comprehensive Sign Plan Amendment are located on or beside the Snowmass Club Associates property, as identified on the attached maps as part of Exhibit"A." NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Town of Snowmass Village, Colorado, that: Section Two: Action. The Planning Commission hereby recommends approval of the Comprehensive Sign Plan Amendment for the Snowmass Club, as attached hereto as Exhibit "A," subject to the recommendations, comments and concerns below in Section Three of this resolution. Said plan should supersede the Town's sign regulations, as described in Chapter 16A-4-500, Sign Standards, of the Municipal Code, as well as Ordinance 23, only with respect to the signs identified herein. Section Three: Recommendations, Comments, and Concerns. 1) The Applicant should locate the replacement Sign H near the roundabout intersection of Brush Creek Road and Highline Road considering the visual effects and sight lines from the roundabout plant material once installed. Sign H in its entirety should be relocated farther to the west as proposed by the Applicant in their July 25, 2007 supplemental submission and be placed below the ridgeline of the existing berm, as viewed from the roundabout area, and located within the existing native landscape area behind the existing fence line. 2) The new entryway signs near the south side entrance to Clubhouse Drive off of Brush Creek Road should be the angled, single-faced entryway sign placements as proposed by the Applicant, as such sign positioning would best serve visitors and guests over the placement of one double-faced sign. In addition, the new entryways signs, in its proposed position, would provide symmetry at the intersection and better frame the entry into the Snowmass Club off of Brush Creek Road. The site plan legend and the view simulations should be consistently presented to the Town Council. 3) Directional Sign #5 for'Deliveries' shown in the application should be deleted. 4) It was represented by the Applicant that directional Sign 6AB would be lit on both sides, being a double-faced sign, which seems acceptable to better serve visitors and guests. ATTACHMENT 3 PC Reso.07-14 TC Report 09-17-07 Page 4 of 5 Page 4 of 5 5) The Applicant should consider reducing the size and mass of the monument base design of Sign #8 near the northeast comer of the intersection of Snowmass Club Circle and •Clubhouse Drive, in particular the stone slab monument arrangement, and redesign the sign as a whole similar to the other directional, pedestal type sign designs as shown in Concept 3 in the July 25, 2007 submission, as agreed by the Applicant. 6) The slab stone monument sign on Highline Road should remain, which was installed in a non-conforming manner after the last sign amendment via Ordinance 23, and should be incorporated by the Applicant as now proposed as part of the revision to the Comprehensive Sign Plan Amendment together with plan view drawings, sign details and appropriate dimensioning. 7) Enlarged plan view details of each sign location should be provided by the Applicant for review by the Planning Commission and Town Council. These plans should show proposed sign placements, base plantings, lamp locations and setback dimensions in relation to edge of roadway, curb lines, rights-of- way, and walkways along with specifying the sign locations that do not have irrigation availability. The signs should be placed and/or the plan details adequately demonstrate a clearance setback of the signs from the back of walkway or curb line in order to avoid conflicts with pedestrians, bicyclists, and vehicles. 8) The Applicant should provide a lighting demonstration and/or sample nighttime photos of the proposed LED lamps for the proposed indirectly lit signs. The Applicant should research down lighting options versus the proposing uplighting, even though such lighting is permitted by the lighting ordinance. 9) The Applicant should consider alternative lighting sources for the affected signs such as: a) Providing baffled, focused lighting directly upon the sign areas; b) Providing down lighting fixtures; or c) Back-lit'Snowmass Club' lettering. 10)The Applicant should commit to and demonstrate, to the satisfaction of the Town's Chief Building Official, that they can meet intent of the lighting ordinance provisions regarding the equivalent uplighting lamp-fixture lighting maximum of 35 watts, if utilized, within a 150 square foot area and/or the maximum 75 foot-candle limit measured at the brightest point on the sign face. 11)Street lighting should not be used for purpose of illuminating signs. ATTACHMENT 3 PC Reso. 07-14 TC Report 09-17-07 Page 5 of 5 Page 5 of 5 12)The Amended Comprehensive Sign Plan for Snowmass Club, as revised July 25, 2007, as further illustrated in attached Exhibit "A," should supersede the Comprehensive Sign Plan Amendment for the Snowmass Club approved via Ordinance No. 23, Series of 2001. 13)A license agreement should be required for any signs proposed within the public rights-of-way or property. The Applicant should meet with the Town's Public Works Department to determine their requirements concerning possible sight distance, location, and snow storage needs prior to execution of the license agreement. INTRODUCED, READ, AND APPROVED, on the motion of Planning Commission member Butler and the second of Planning Commission member Gustafson by a vote of 6 in favor and 0 against, on this 15t day of August 2007 Commissioner Ledingham absent). TOWN OF SNOWMASS VILLAGE Planning Commission By: r u Douglas gaurer, hairman ATTEST: Cindy Fo Planning Commission Secretary MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: September 17, 2007 SUBJECT: DISCUSSION — SINCLAIR MEADOWS ADMINISTRATIVE MODIFICATION UPDATE: FOLLOW UP REVIEW CONCERNING AND STATUS OF THE CURRENT ADMINISTRATIVE MODIFICATION AND THE ACCOMPANYING CONSTRUCTION DRAWINGS. This particular item is being processed in accordance with Section 16A-5- 250, Administrative modifications, of the Town of Snowmass Village Land Use and Development Code, to proposed certain changes concurrent with the review of the construction drawings for the Sinclair Meadows project, located south of the Little Red Schoolhouse and east of Meadow Ranch on Lots 1 through 18 and adjoining outlots on the Sinclair Meadows Final Plat. Applicant/Representatives: Westpac: Joe Enzer, Construction Manager, and Scott Stenman, Vice President of Development for the employee housing section of the property (Lot 18); Aspen Skiing Company/Brush Creek Land Company: David Corbin, Planning Director (previous applicant/owner); and C. Snowco Project Manager/Planner: Phillip Ring, Clearwater Construction Management for the single-family portion of the project Lots 1-17). Town Planner: Jim Wahlstrom, Senior Planner I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL- Purpose: The purpose of the meeting would be to overview the separate handout of the supplemental information concerning the proposed retaining walls on the site, as requested by Council at the last meeting on September 4, 2007. Actions Requested of Council: a) Provide feedback to the Applicant representatives and Staff concerning the supplemental information that includes an updated landscape plan, cross- sections of the grading changes and proposed retaining walls, and key maps of the cross section locations. The sample design for the walls was provided in the packet materials at the September 4, 2007 meeting. The separate handout for this meeting also includes a sample photo of the metal staircase envisioned between the employee housing complex and Gambel Way as a result of the trail type change in Outlot 5 along the western boundary of the site. b) Determine what additional conditions might be necessary in the Record of Decision for the administrative modification based on the new information 1 received concerning the landscape plan, retaining walls and staircase. Staff understood at the September 4, 2007 that Staff could proceed with completing the review and approval process of the administrative modification and accompanying construction drawings, which would also be subject to final review and approval by the Town Engineer of the updated civil plans and latest supplemental information received. 11. BACKGROUND At the September 4, 2007 to review the status of the current administrative modification and accompanying construction drawings for Sinclair Meadows, Staff understood that Council was acceptable with the following items proceeding as changes under an administrative Record of Decision for the application: Reduction of the approved Class I eight-foot wide paved trail to a Class 4 trail e.g., 18" tread surface on 48" trail bed or dirt single-track trail); Landscape changes/enhancements; Split-face MSE block material in a random pattern design for the retaining walls; and The "shift' in the footprints of the MF units up to 15 feet, so long as the Applicant obtains a letter of support or agreement from Meadow Ranch prior to execution of the Record of Decision. Council was not acceptable at that time with: o Location, heights, and lengths of retaining walls until further information is provided for review. It was understood that the Applicant agreed to: o The relocation of the bus stop (from the east side of the Gambel Way/Owl Creek Road intersection to a location between Gambel Way and Fawn Court), which would probably need to be redesigned on the civil and landscape plans prior to the initial issuance of a Certificate of Occupancy; o Addition of a pedestrian connection from the employee housing units to the bus stops on Owl Creek Road; and o Return to Council in two weeks with further information regarding the extent of the MSE retaining walls and the landscaping related to them. It was also understood that Council directed Staff to finalize the review and approval process for the affected plans to allow the infrastructure work (utilities and road work not MSE walls) to commence on the site as soon as the following conditions were met: Civil plans are accepted and approved by the Town Engineer and the Snowmass Water and Sanitation District; and An agreement has been reached with Meadow Ranch for their support for the employee housing building locations and related changes. Staff has received a supplemental set of plans from the Applicant as of September 12, 2007 including the separate handout materials concerning the retaining walls for Council's review at the meeting on September 17, 2007. As of the writing of this report, Staff has not had the opportunity to review the plans in detail or refer the plans for review by affected other Town Staff and the Town Engineer. Certainly, this would need to take place prior to action on the administrative Record of Decision for 2 the administrative modification application. Council has the opportunity to direct staff to add other conditions as needed in the Record of Decision concerning the review of the supplemental retaining wall information. III. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS It was represented at the September Vh meeting that the Applicant would provide 165 additional trees over the amount previously presented. It was unclear which previous plan was being referred to for the purpose of adding plant material. Attachments 1 through 3 show the sequence of plant material legends from Final PUD in 2004 to the currently proposed planting plan. The current plan does not show 165 additional trees over the previous one submitted, but it is substantially greater than that shown with the Final PUD landscape plan. The Applicant and Meadow Ranch have not yet reached an agreement as of the writing of this report. IV. OTHER HEADINGS RELATED TO THE TOPICS Attachments: Attachment 1: Plant material legend dated August 27, 2004 of the Sinclair Meadows Final PUD approval. Attachment 2: Plant material legend received June 12, 2007 from the landscape plan for Sinclair Meadows during the administrative modification review; This was the plan used for reference during on-site meetings with Meadow Ranch representatives during the summer of 2007. Attachment 3: Plant material legend dated September 10, 2007 and received September 12, 2007 showing the addition of plant material for the Sinclair Meadows site. Separate handout: Updated landscape plan, cross-sections of the grading changes and proposed retaining walls, key maps of the cross section locations, and a sample photo of the proposed staircase provided by the Applicant on September 12, 2007. V. SUMMARY OF STAFF RECOMMENDATIONS AND FINDINGS 1. The Staff recommends that Council provide direction concerning any additional conditions desired in the administrative Record of Decision related to the retaining walls. Certainly, the Town Engineer should review and approve the retaining walls with the civil plan package prior to action on the Record of Decision or the issuance of a grading permit for commencement of construction. 2. The Planning Director should have the option of revising the previous draft Record of Decision to enforce the conditions of approval in Ordinance No. 21, Series of 2004, for compliance with the administrative modification criteria in Municipal Code Section 16A-5-250, and to update per Council's directives. VI. NEXT STEPS Next Steps include: Direct Staff to finalize the review and approval process for the current administrative modifications, construction drawings and recently submitted plans and then act upon the ROD previously presented, as may be modified as needed by the Town's Planning Director. 3 SINCLAIR MEADOWS FINAL PUD APPROVAL ATTACHMENT 1 PLANTING PLAN LEGEND AUGUST 27, 2004 TC Report 09-17-07 p Page 1 of 1 PLANT LISA' ABBR. BOTANICAL NAME COMMON NAME. 4TY. SIZE DECIDIOUS TREES-Drip Irrigation until Establishment Pt 1.5 Populous tremuloides Aspen 108 11/2"-2"cal Pt 2.5 Populous tremuloides Aspen 51 2'-21/2"cal Pa Populous angustifolia Narrowleaf Cotlonwood20 2"cal CONIFEROUS TREES-Drip Irrigation Until Establishment 1? Pp IS Picea pungens Colorado Spruce 33 8' Pp 10 Picea pungens Colorado Spruce 25 10' Pp 12 Picea pungens Colorado Spruce 30 12' Pm 8 Pseudotsuge menziesii Douglas Fir 27 8' Pm 10 Pseudotsuga menzlesli Douglas Fir 12 10' Pd 8 Pinus ponderosa Ponderosa Pine 31 8' Pd 10 Pinus ponderosa Ponderosa Pin 25 10' Pd 12 Pinus ponderosa Pondeross Pin 17 12' NATIVE SHRUBS-Sprinkler Irrigation Until Establishment CS Comus Barlow Red Twig Dogwood 5 gal Pf Potentilla fruticoea Potentille 31 5 gal Ps Physocarpus sp. Golden Ninbark 47 5 gal Sa Spiraea sp. Spiraes 8 5 gal Rw Rosa Woodall Woods Rose 5 gal WETLANDS SPECIES [3,940sgft]No Additional Irrigation(within Native etation Zone_ Riparian Zone Emergent Zone High Marsh Low Marsh ZONE 1 Salix montioola Agropyron smithli Scirpus paltious ZONE 2 Comus redoes Eleochads paulustris Juncus effuses ZONE 3 Salix monticols Carex utdculaw Scirpus actus NATIVE REVEGETATION SEED MIX[201,853 eqftl-Sprinkler Irrigation Until Establishment Indian Rice Grass'Nez Par Achnatherum hymenadea'Nez Per 3.0lba./ac Sldsoats Grama Soutebua curdpeduls'Plans'4.0 lbs./ac Sandberg Bluegrass Pea seounda'Sherman' 0.5 lbs./ac Thidcep&e Wheat Grass Flymus lanoeolatus 2.0lbs./ac San Luis'Slender Whestgress Flymus trachymlubm 3.01bs./ac Gamer Mountain Brome Bromus nrarginatus'Gamer 3.0lbs./ac Admne Fescue Fastuca w4na'Amba'2.8 1141.180 Arriba'Western Wheatgmss Pasoopyrum amhhd'Arriba' 2.5lbeJec Mountain Sege Artemesla tridentate vaseyana 025 pwac Rubber Rabbit Brush. Chrsothemnus naussosus 2.0 IbsJsc Prairie Sage Artemesds ludvlclans 025lbs./ac Fringed Sage Artemesle tiigida 0.251bs.1ac Hardy Golden Aster Chrsopsla vdlosa 025 drs./ac Lance Loaf Coreopsla Coreopels lanosolata 0.8 lbs./so Silver Lupine Lupins argentaus 1.01bs.100 Blue Flax-Linum I%*H Linum Iewlsd 1.0 lbs./ac Rocky Mountain Penstemon Penstemon stnctus 2.0 IbsJec Arrowlear Balsam Root Balsamomiza sagittata 0.5lbsJac SOD TURFGRASS 4,885 s Zoned Spray Irrigation,Pop-up Heads Drought.Tolerant Fescue Mix ATTACHMENT 2 RESUBMITTAL OF SINCLAIR PLANTING PLAN LEGEND TC Report 09-17-07 RECEIVED JUNE 12, 2007 DURING ADM MOD REVIEW Page 1 of 1 PLANT LIST ABBR. BOTANICAL NAME COMMON NAME, QTY. : SIZE DECIDIOUS TREES - Drip Irrigation Ag Acer glabrum Rocky Mountain Maple 65 3" Cal Pt 1.5 Populous tremuloides Aspen 174 1 1/2"-2" cal Pt 2.5 Populous tremuloides Aspen 207 2"-21/2" cal Pa Populous angustlfolia Narrowleaf Cottonwood 47 2" cal CONIFEROUS TREES - Drip Irrigation Pp 8 Picea pungens Colorado Spruce 8' Pp 10 Picea pungens Colorado Spruce 78 10' Pp12' Picea pungens Colorado Spruce 56 12' Pm 8 Pseudotsuga menziesii Douglas Fir 14' 8' Pm10 Pseudotsuga menziesii Douglas Fir 11 10' Pd 8 Pinus ponderosa Ponderosa Pine 58 8' Pd 10 Pinus ponderosa Ponderosa Pine 30 10' Pd 12 Pinus ponderosa Ponderosa Pine 29 2' SHRUBS - Pop up or Drip Irrigation V ` Ai Alnus tenuifolia Thinleaf Alder 20 5 gal Csi Comus stolonifera 'isantl' Isanti Dogwood 31 B&B Csc Comus stolonifera coloradense Colorado dogwood 27 B&B Cs Comus sericea Red Twig Dogwood 119 5 gal Gr Geranium rozanne Blue Cranesbill 31 2 gal Gc Geum chiloense 'Mrs Bradshaw' Red Avens 41 5 gal Li Lonicera involucrata Twinberry 35 5 gal Lt Lonicera tatarica 'Arnold's Red' Arnold's Red Honesuckle 31 B&B Pv Prunus virginiana Black Chokecherry 80 5 gal Re Ribes aureum Yellow Flowering Currant 20 5 gal Rd Rubus deliclosus Boulder raspberry 65 5 gal Sc Symphoricapos x chenauiti 'I ancock' Pink Snowbeny 32 2 gal So Symphoricapos oreophilus Mountain Snowbeny 24 2 gal rO SINCLAIR MEADOWS PLANTING PLAN LEGEND FOR ADM MOD RECEIVED SEPTEMBER 12,_ 2007 ATTACHMENT 3 TNT LIST TC Report 09-17-07 ABBR. BOTANICAL NAME COMMON NAME.CITY, SIZE Page 7 of 7 DECIDIOUS TREES - Drip Irrigation Ag Acerglabrum Rocky Mountain Maple 65 3" Cal Pt 1.5 Populous tremuloides Aspen 158 1 112"-2" c4 Pt 2.5 Populous tremuloides Aspen 214 2"-2 112" cal Pa Populous angustifolia Narrowleaf Cottonwood 57 2" cal CONIFEROUS TREES -Drip Irrigation Pp 8 Picea pungens Colorado Spruce D8. Pp 10 Picea pungens Colorado Spruce 57 10' Pp 12 Picea pungens Colorado Spruce 48 12' Pp 14 Picea pungens Colorado Spruce 17 14' Pp 16 Picea pungens Colorado Spruce 33 16' Pin 8 Pseudotsuga menziesil Douglas Fir 12 8' Pm10 Pseudotsuga menziesii Douglas Fir 14 101 . Pm12 Pseudotsuga menziesli Douglas Fir 4 12' Pd 8 Pinus ponderosa Ponderosa Pine 49 8' Pd 10 Pinus ponderosa Ponderosa Pine 33 10' Pd 12 Plnus ponderosa Ponderosa Pine 20 12' Pd 14 Pinus ponderosa Ponderosa Pine 11 14' Pd 16 Pinus ponderosa Ponderosa Pine 16' SHRUBS - Pop up or Drip Irrigation. Ai Alnus tenuifolia Thinleaf Alder 20 5 gal Csi Comus stoiorifera 1santf Isenti Dogwood 27 B&B Csc Comus stolonifera coloradense Colorado dogwood 50 BBB Cs Comus sericea Red Twig Dogwood 120 5 gal Gr Geranium rozanne Blue Cranesbill 31 2 gal Gc Geum chiloense'Mrs Bradshaw. Fled Avens 41 5 gal U Lonicera involucrata Twinberry 64 5 gal Lt Lonicera tatarica 'Amold's Red' Amoid's Red Honesuckle 22 B&B Pv Prunus virginiana Black Chokecherry 110 5 gal Ra Ribes aureum Yellow Flowering Currant 20 5 gal Rd Rubus deliciosus Boulder raspberry 82 5 gal Sc Symphoricapos x chenaulti 'Hancock Pink Snowberry 40 2 gal Sg Salix glabra Willow 28 2 gal So Symphoricepos oreophilus Mountain Snowb,2 gal PLANTING CONTEXT PLAN lu 12o East Main Street a Aspen,Coldwo 81611 -970-99558354 Fecelmile 9746241387 sdoarw 9'bsu + s ao so SEPTEMBER 10, 2007 MEMORANDUM TO: Snowmass Village Town Council FROM: Russell Forrest, Chris Conrad, Jason Haber, David Peckler DATE: September 17, 2007 SUBJECT: COMPREHENSIVE PLAN UPDATE— PROCESS APPROVAL I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff is requesting that the Town Council review the proposed schedule for the project and provide direction to staff on that schedule. In addition, staff has included the initial public input on the process from meetings with the Planning Commission and Public on September 6`h and 71h. II.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. Mall Transit/Parking 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. E. Actions to date on Comprehensive Plan process The Town issued a request for proposals to complete a targeted update of the Comprehensive Plan on June 5, 2007. The Town received 5 proposals. Four teams were interviewed after an initial staff review of the proposals. On July 9'h, the Town Council approved a 5 person steering committee which included 2 Council members and 3 planning commissioners. On Thursday, August 2nd the Comp Plan Steering Committee and Town Staff interviewed four consulting teams to guide the update to the Comprehensive Plan and continue work on the West Village Mall plan. Each team gave a presentation and answered questions from the panel. After discussion and a group vote we ranked the following consulting teams in this order: i. Winston and Associates ii. Rock Creek Studio iii. Elk Mountains Consulting Group iv. EDAW The steering committee did recommend that 4240 architecture firm be eliminated from consideration in the Winston and Associate team; 4240 architecture firm is currently working on Base Village projects and we felt like this was a conflict. They would have only had a minor role in the team as proposed. The above-mentioned ranking was based on a set of criteria derived from the goals of the project. It was felt that Winston and Associates had the best understanding of the needs of the project and had the best qualifications in transportation planning, market analysis, and creative land planning. The Town Council directed staff to execute a contract with Winston Associates on August 201h. VI. ACTION REQUESTED OF COUNCIL A. Proposed Schedule On August 6h the consulting team (Winston Associates) met with the Planning Commission to review the purpose, goals, and proposed schedule for the proposed update of the Comprehensive Plan. In addition, the consulting team met with the general public, West Pac, Lodging Managers and merchants, marketing and group sales staff, and service providers (Fire, Police, Water, Transit) to again review the schedule and to ask what are issues and questions this process should answer. The following is the proposed schedule for this process. It should be noted that staff would recommend taking additional time or providing additional public involvement if that is needed in the process. In addition to the proposed public process, staff will be developing a web site to allow virtual involvement of residents, part time residents, and other stakeholders that may not be able to attend the following public meetings. COMPREHENSIVE PLAN UPDATE TIMELINE III. TOSV Comprehensive Plan Update Timeline Date Event Purpose September 17 Council Review Review proposed schedule September 19 Planning Commission Meeting State of the Comprehensive Plan Report October 1 Public Meeting of Survey Results October 22 Public Meeting 1 Presentation of State of Snowmass Village Report November 15 Dry Run and Coordination for November Workshop November 27-29 Public Work Session West Village Charrette, Values, Public Meetings 2& 3 Vision December 3 Process Check with Council December 20 Public Meeting 4 Debrief Meeting on Charrette Series January(TBD) Public Meeting 5 Plan Development February—April Public hearings Document Review/Plan TBD) Development Phase 1: Data Collection and Meetings with Planning Commission Preliminary Data Collection and Review: The Consultant Team, which consists of Winston Associates, Charlier Associates, czb LLC, and Thomas Consultants, will collect and review available documents and key data pertaining to the Comprehensive Plan, including the 1998 Snowmass Village Comprehensive Plan, and draft work done to date on planning related to the West Village. Current Comprehensive Plan review will include identification of current and future issues to focus the activities of the Comprehensive Plan. This data review will create the basis for developing draft goals and objectives of the Comprehensive Plan. A Staff worksession with the Planning Commission will be held to identify deficiencies and conflicts in the current Comprehensive Plan. The results will be provided to the Consultants for use in the development of the update. Winston Associates (WA) will independently analyze progress and accomplishments of current Comprehensive Plan and recommend areas for updating during the process. Planning Commission Meeting- September 19"': At this meeting the Planning Commission will review the State of Comprehensive Plan Report. This may take several meetings with the Planning Commission and will culminate in a joint meeting of the Town Council and the Planning Commission where the State of the Comprehensive Plan Report will be reviewed with the Council Community Survey Review Public Meeting- October 18t: The results of the public survey conducted by RRC Associates is planned to be reviewed with the Town Council at their regular meeting. Transportation Analysis Charlier Associates will review the Transportation Plan for the Town to analyze road infrastructure and levels of service, transit and transit facilities, parking, lift connections between commercial villages, and pedestrian connections. A traffic analysis update for the Town of Snowmass Village will be prepared to determine if the existing and proposed development will have an impact on the level of service for the Town's road systems and evaluate if all major transportation modes are viable travel options. Analysis will meet the Cross Cutting Requirements for an FTA grant eligible project. The WA Team will collaborate with Town consultants, Urban Innovations and EOTC as necessary. Evaluating the Carrying Capacity of the Community The Consultant Team (Winston Associates, Charlier Associates, czb LLC, Thomas Consultants) will identify key limiting factors for growth in TOSV to determine an appropriate carrying capacity for the Town and develop indicators to track sustainability as development and change occurs in the area. Market Analysis A retail/commercial/lodging/hotel and conference market analysis for potential new commercial uses will be conducted by Thomas Consultants. This work will identify current and future customer base and account for seasonal variations. It will include recommendations on retail and lodging brands and types expected to be most successful in the future and provide recommendations on other amenities (public amenities, recreational uses, conference facilities, arts facilities) that would help attract future guests/customers. Economic feasibility analysis will be conducted with respect to financial tools and strategies for providing public improvements, infrastructure and amenities. Housing Analysis Charles Buki (czb, LLC) will conduct a housing analysis that will be conducted to evaluate the current housing conditions, demands and needs for the community. It will include an evaluation of the current affordable and employee housing programs and determine affordable housing demand and need in the future and provide recommendations for the current program. State of Snowmass Village Report Prepared by TOSV Staff with input from Consultant Team. This will integrate the above mentioned information and other pertinent information to provide a clear understanding of existing conditions and carrying capacity within the community. Public Meetings and work sessions. Phase 2: Public Meetings on State of Snowmass, Vision & Values, and Physical Planning Public Meeting#1 - October 22nd: Public meeting to present State of Snowmass Village Report (prepared by TOSV Staff) and preliminary results of Carrying Capacity Analysis. Public Worksessions & Public Meetings#2 and#3-November 27'h-2-0h, This 3-day time frame will be used to discuss community values and vision as well as the West Village Area. (Winston Associates, Charlier Associates, Thomas Consultants). A third party may be retained by the Town to facilitate Public Meeting #2 and #3; otherwise WA will facilitate Public Meetings #2 and U. Public Meeting#2 (November 27): Public Meeting #2 will focus on the community values and vision. This meeting will also be the forum for the first Public Dialogue. Topics to be covered at Public Dialogue #1 include: Planning 101 Presentation: What is a Comprehensive Plan? How does it fit into the overall regulatory framework? Review of the scope and schedule for the Comprehensive Plan update; Review of the State of Snowmass Village Report Card and Carrying Capacity; Keypad Polling exercise— E-Democracy. - Keypad polling system will be utilized to evaluate real time public opinion of personal values, relative importance of environmental characteristics, attitudes toward various growth patterns, etc; Creation of a vision and goal areas to achieve that vision including postcards from the future." Public Meeting#3 (November 28): Public Meeting #3 will continue the discussion on community values and vision. Daytime Worksessions: The daytime worksessions will focus on developing West Village Area alternatives. The daytime work sessions will also be in a charrette format. The series of worksessions will focus on the physical planning of the West Village. This will be an interactive design process, incorporating TOSV Staff, property owners, local designers and architects, several professional consultants ranging from urban design to economics and the public. The mission will be to develop design/planning constraints, principles and objectives (guidelines or a 'framework plan') and then create one or two hypothetical proposals that will test the framework plan and lead to refined design guidelines for this area. This process will also look at West Village in the context of the other two commercial nodes. Goals for the workshops include: Identify public needs for the commercial area, Analysis of infrastructure (utilities, streets, parking), Analysis of existing parking, Address land uses, including non-conforming uses, Receive input for plan alternatives, Evaluate how the three commercial nodes would interface and compliment each other. Development of principles and design parameters for the West Village Area, Develop and review plan alternatives, Develop a preferred plan based on community input, Develop design and development parameters and guidelines for the area, Discuss implementation strategies. The team members will give form to the goals and objectives, developing a framework plan to guide development (building envelopes, views to be preserved, key circulation objectives, various densities and types of residential and mixed use, etc.). Topics and themes of the charrette will include: Should there be an architectural consistency? A theme?, Do we need to regulate uses? How? (horizontal zoning?), Height—should this area be consistent with heights seen in the Village Center and Base Village? Lower? Higher? Can we provide adequate parking and yet create a more pedestrian- friendly setting? What are the building bulk and mass objectives? How can they be regulated with some flexibility but yet maintain a predictable end result? Vehicular, transit and pedestrian circulation needs/improvements, Landscaping, Signage, Road network and circulation and alternative transportation /transit, Public spaces, Activities and amenities, Vertical grade connections, Solar access, D Niche business opportunities. We intend to use interactive 3D modeling as a tool to provide immediate feedback. A special emphasis will be placed on projected residential and non- residential development within the study area and to specify the desired development patterns and locations (density and design). The use of 3D graphics will help communicate design, massing, scale solar access as well as how the development will interact and connect to adjacent properties. The 3D modeling team will generate still photos Qpeg or tiff images) to show "before and after" development conditions. At the midpoint in the charrette, we will rely on Charlier Associates to provide verification that the concepts and physical feasibility of concepts are reasonably close to sustainable levels of traffic, transit and parking. At the conclusion of the charrette, we will hold a brief open house to solicit final comments and insights. The format will include a formal presentation as well as opportunity for casual inspection. The Consultant Team will work closely with TOSV staff to ensure all community Stakeholder groups are invited and franchised in the process. TOSV staff will formally invite Stakeholders. The Consultants will schedule drop-in periods for local architect(s), land owners/developers in the area, residents, Town staff, Council/PC, etc. Location and arrangement for the Public Meeting will be done by TOSV staff. Refreshments will be provided TOSV staff as well. Public Dialogue (Open House): To complete the worksessions, there will be a open house to summarize progress on the West Village alternatives and discuss implications relationships with the community values and vision to the Planning Commission, Town Council, property owners, merchants and lodge owners, other stakeholder, and the public. Process Check with Town Council- December 3rd: The Consultant Team will present a review of the update process to Town Council and, based on previous work done, will advise on whether the West Village Area Plan work should be a separate document. Public Meetinq#4- December 20th: The WA Team will present results and findings from Public Workshops, Dialogues and Public Meetings #1 - U. Design Work Session: The Consultant team will refine and consolidate the alternative plans with TOSV Staff. TOSV Staff and sub-consultants will clean up and refine the charrette designs and models. The specific goal of this worksession is to develop two options and define the development parameters for those options. Public Meeting#5(Open House)-January 30th: The WA Team will host and open house to present alternatives and implementation strategies. Key pad polling will be conducted to measure progress of process, ideas, concepts, values and vision. Phase 3- Public Hearings on Draft Plan Public Meeting#5 Follow Up: This includes document preparation and public hearing process with Planning Commission and Town Council. This is planned to occur from February to April or May, 2009. B. Review Input received to date on the Process During the meetings with the Planning Commission and the public the consulting team asked "what questions should be answered for this process to be a success." Attachment A summarizes that input by topical area. UA07 COMP PLAN\COUNCIL MEMOS 07\Compplan082007.doc Attachment A Below are the issues identified in the Community Interviews, issues identified as relating to the strategic plan and those issues which were Identified as being outside the original scope of work. Topic Issue Details Data Housing 1)Affordability Inlergenerational housing County-wide affordable housing effort is nowcompeting with Oil and Gas Assessment of open spaces as housing options-school site Hard to hire domestic employees- employers are sending staff to interview abroad Most essential services employees are housed 2 hours down valley Saunders Ranch example Assessment of affordable housing in town verses outside of town 2)Market Who/Where is customer? What is the affect of fractional housing Will executive condos be rented out,or sit empty 51 months a year? Many houses are being redeveloped after 5 years 3)Historical perspective Bob Pumas-historic and policy perspective Transportation 1)Functionality and Capacity 'Access Owl Creek,Brush Creek Roads, Cottonwood pass Internal capacity-parking and circulation of cars. 2)Parking Will there be space for resident parking? balance day skiers and residents 3D view of parking relationships Hit capacity every Sat.in Winter and Thursday in Summer 3)Transit Integrate private services Need to assess non-serviced areas Integration into new developments Plan for bus rapid transit-How to integrate into town How do gondolas help achieve a level of transit Identify RAFTA hub Driver shortage Think about transportation for entire Valley 4)Delivery Vehicles Need to plan for future deliveries Central distribution facility Perhaps a max vehicle limitation-size, number 5)Getting to town-alternatives -Identify alternative methods to airport,i.e. Eagle airport Investigate cottonwood pass Train 6)Pedestrian access Circulation between commercial areas Grade separated crossings 7)Infrastructure Improvements 'Roundabouts e)Employees Maintenance response is currently a function of ability to hire employees 9)In commuting many skiers are down valley,come in for the day Carrying Capacity/sustainability 1)What is carrying Capacity Specifics Transportation Housing Parking Water/Sewer 2)Effect of new CPA Economics Infrastructure Did we use up more capacity than planned on in Base Village 3)Special Events Should special events be limited by carrying capacity? 4)Construction Durable materials. Economic 1)Housing market Who,where is housing 2)Effect of new CPA What is the impact on existing businesses 3)Sustainability, Plan for long-term sifting economics Conference Activity Keep people in TSMV at night,keep dollars 4)Protect Community Commercial 'Doctors,locksmiths,dentists Needs CPA 1)Design Bulk,mass,scale-needs to be more specific How much commercial is enough Evaluate projects on carrying capacity 2)West Village How much is just enough commercial Work wth Westpac-transportation, energy,design and water round table 3)Snow Mass Village Should this retain local services? Year round main street 4)Transportation liked nodes 'Are gondolas adequate Pedestrian links Cultural I Civic Actives 1)Events Need to establish cultural identity i.e. Sundance,Telluride 2)Places for people to meet and 'Limited public Spaces Vitality With redevelopment of Center will people have a place to meet Year round Main street Accessibility-parking 3)Arts Movie/arts house Desire to expand historic museum- Western Heritage how to prow Fire 1)Housing Possible to move current station and construct housing on site 2)Low funding Lowest Mil levy in state 3)Employees 4 Full time-very small for construction that is going on i.e.parking structure in Base Village typically takes 50+ Mutual aide-system where you call on neighboring jurisdictions does not function 60 k turnover 4)Impediments Delivery Vehicles 5)WUI-Wildland Urban Interface 'Many old buildings not fire retardant WUI-regulations not enforced. Example to investigate,Basalt,If defensible space isn't kept up,fire wort respond General Vision Reassess aspiration What image does the town want to achieve Limits to growth Town should seek to limit growth and plan for the future by the their abilityto serve that growth,not by the development of a wish list. Implementation Sequencing is important for implementation,last comp plan didn't address this. Last overlay for Base Village failed to achieve intended goals Evaluation of planning process-Base village process failed. Design Bulk,mass,scale provide necessary physical components to fulfill economic model Signage Way finding needs to be improved throughout the Village Visuals Need to get as many visuals of problems for the General Plan-i.e.person walking across busy street with groceries and child Construction Address the impacts that construction has Solid Waste Land fill closes 15-20 years Recycling materials option this would deviate 60%from landfill Think outside the box-Plasma Vaporizers Tourism fire risk If devastating fire occurs-loss to business Health Care need to provide health care for existing town and for expanding needs of older skier population regional hospital at capacity Schools at capacity(little red school house) Water and Sewer Storage Ziegler reservoir needs to be established permitting issues Infrastructure old clay pipes need replacement(sewer) need strategy to do this,not just project by project water pressure varies,but ok in Base Village Sewer Plant Capacity ok Environmental Design Durable materials Often houses wth the same footprint have a much different environmental impact. Water Quality Brush Creek Waste Recycling solid waste Redevelopment of earoldhousinP----Yyea us ------°-------------- Identified issues for strategic 1)General Questions how to secure more guests plan Does TSMV need to shift its character? 2)Special Events Should special events be evaluated on their influence on the town's carrying capacity and the towns economic impact Need to establish Cultural identity 3)Sustainability should environmental sustainability be a major part of the marketing message 5)Who/Where is housing market 'Who is buying housing Elite,families,middle income? Current customer is being priced out 10 year demographic analysis-how is market change? 6)Conference Center Conference center closes in 2009 Customers looking to book 2009 How does the lack of the conference center effect the future of the resort/how do we deal with this lack. How much conference space is needed? 7)Resort or a retirement community 'what is the type of community-what is the identity 8)Health care should this be a part of the strategic plan no real health facility 9)Hotel How to attract a real hotel 10)Summer activity Need summer activity to support commercial enterprise 12)Property tax factional ownership-how do you capture tax in fractional ownership? 13)Employees many are sending staff to interview abroad for seasonal employees. 14)Shrinking demographic What is the effect of the shrinking demographic 15)Price of entry verses World 'Spa-price of entry Class resort other amenities 16)risk of fire fire at resort resulting in loss of life may trigger drop off in customer/clientele 17)Public/Private physical components needed to fulfill economic model Other Issues 1)Land fill capacity 2)Water evaluation 3)Information technology 4)Evaluation of cultural activities 5)Evaluation of change demographics 6)Construction impacts 7)Overall shrinkage in ski market 8)Alternative ways to get to town 9)Where employees live/come from 10)Mutual aid shortage 11)Service delivery vehicles 12)Way finding 13)Assessment of other lands available for employee housing 14 Schools at ca aci1._._._._h._._._._._._._._._._._._._._._._._._._._._._._._._._._._._ TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANGER SUBJECT: MANAGER'S REPORT DATE: SEPTEMBER 17, 2007 Round-about/Entryway Improvements Russ Forest Public Works will not make improvements to the round-about in 2007 to create a slight grade separation from the driving surface at the Brush Creek round-about. The design engineer will be providing the Town Council a letter describing the implications of not creating this grade separation (which was originally designed). Also council asked about whether a culvert at the round-about would be left as exposed concrete. This culvert will be covered by a pedestrian walk and will not be exposed. Also Public Works was asked to explore options to limit the one laning of lower Brush Creek Road (below roundabout) to one week. This work is planed to start on September 17`h. The contractor has stated that two weeks will be required to finish this work. Staff will push hard to have the contractor complete this in less than two weeks. Recycling at the Villaae Center West Pac has committed to working with the Town to provide paper recycling in front of the grocery store (near the newspaper stand) and is working on the details to initiate this program. Strategic Actions/Update Russ Forest Staff Action Status Date to follow- Contact up w/ Council Russ Retreat Follow- Directors have created a purpose and Forrest up mission statement. Now working on September 17 creating more specific goals for the next year with measurements. Russ, Comprehensive Project Orientation/Process development September 17 Chris, I Plan Update 1 with consulting team on September 6&7. Manager's Report 08-20-07 Page 2 of 2 Kathleen, Meeting with Planning Commission on David September 6, Hunt Entryway/ Construction drawings are nearly August 4 2007 Walker Gymnasium complete for gymnasium. Construction could be begin by late September on gymnasium. Jason Environmental After West-Pac meeting, staff discussed Determine Haber Committee with West-Pac the opportunity to receive Committee in a report in September that will identify September what we can do from an environmental point of view that would be unique. Staff suggests forming the committee in September with this report as a kick-off Also staff is working with West Pac on recycling in front of the Grocery Store. Chris Snowmass Will receive new plans on Center in Conrad Village Center October 2007. Project Susan Economic Marketing and Special Events Board has Work anticipated Hamley Strategic Plan issued an RFP to determine current and to be complete in future market trends for guests and to September/Octo develop recommendations based on that ber market information to help determine retail. Lodging, events, group sales, marketing, and other economic strategies in the future Jason Town Hall Latest input from the contractor is that Habor Town Hall completion is in late November David TOD Project in NEPA work completed. Study concluded See Time — line Peckler West Village a Finding of No Significance- FTA is for reviewing Comprehensive Plan PAMANAGER.XSC\Manager Report'07\09-04-07.doe Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 Holiday TC Town Meeting offices 4:00 p.m. Closed 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Boards and TC EOTC Commssion Meeting Aspen Dinner 4:00 p.m. Artisan" 23 24 25 26 27 28 29 30 SINCLAIR MEADOWS FOR COUNCIL MEETING SEPTEMBER 17, 2007) UPDATED LANDSCAPE PLAN, CROSS SECTIONS AND KEY PLANS FOR PROPOSED RETAINING WALLS, TOGETHER WITH PHOTO SAMPLE OF ENVISIONED STAIRCASE yt "- c \*` ill, f ` p Yg4 i., : c - n p x , x NO Kv,'' L . s z., r k r >' t1 ', i aca• M r { a' { ` I. - r 4a c iR, Jlllt t f" Ii g e 3 p. , t e J. 54 71ye r . ;, if ' f . J 4 r 6' _ s t - t. i , 1. A 1 rr- , a d I M..• I A . { y) + k "'... t *`. p}' St' 4 r4.` gC}'. tau 1d ;} p i VA r I lid • `, + i. 1 ' I i 1 x Riff . r- v z ` la r! r' I t- b $ f .° x •. r-al' S- c Y,S)) _ iry aj : Aa ,, 1 !!}}„ o . a4"r.` , L 1NI}, , r i.\ i. rt tr ' S} y` J - ';=-- F ., y. w„ r P Vt . X1 : . 5 Sii..+ Y a tt) }, a, C" !. r K •. '' 1i Y'' : . SI'! ' f1 2"- e A:r: i 1et,' niN, 3,°- d .-:. w+, 1J. AV93.. ii, Md. ' .. Yf . r'* li: '`'• i LEGEND Wet Lands Existing Vegetation Emergency Access - Existing Fence - x 4 " Road Re-Located Fence - Native Seed Proposed 5' ePI25-= F-' - ":' Contour 2 P125 v 4 Pa Sod/TUrfgresS Proposed 1' 3 PI 1 5 ' - 2 PePa — 3 6 8 Sc . Contour a Pm m 3 Pay I Property Boundary Existing 10'ContourSp,B zC.'r. - 2Al-, Lot9 r.5` Existing Paved Existing 2'Contour16Pt1.5 1S9 i-. - Surfaces t 22.823 sq. Proposed 1 Pt z5 a y Jll Retaining Wall Boundary L Boulder Retaining "jQ0 g 2Pd8s. SPm10 — 3 s. 6Ag 3 P ,y1i€ WBII Lot 1 q0 Pi25 7 q' j 9 23,4 sq.ft, 9 1 2Pd10 4cs-2g',a 3 lSA2zPa CATHY ROBIN$ON/PLAYGROIy1T D 3 prn9 1 w a 1 gCS 5P Al r ' 1 LITTLE RED n=i15 ZIP SCHOOL HOUSE 4525N , s 1@ Rd 1 i B Cac 13 Pv e 10P11.5 -3Pt25 1 W3R25 19 Ptl8 s 8P125 2Pd0 1D R 3 PP TO 7 U 4 L ErI 5/ x a a lcs ak- 3Pv r S 5 pa ct y y 3 AI 1l v I yy It 2Pa 3Ps 2.5. r/ r Pi 25.-_ AAg 3p,YY._, acs 4Cs 2Iyy Z 1 gPm2 Pa— S9 2Pv r 1 Ag 1 59 4 Q `- x D t 1. L„-_4 at 1 5, CS z 8 1 Fir 16 A r 3 - y,, 1 PP 14 Pp 12 - L4t-11 PP16 px - _aR2s. r 33,482sq.fi. Lot 12i x rC C' 3R2.5 4A9'P 833P1 t5 j' r x 5 Pp 14 1 B2 Pd E 2Pa 6Pa D 4Pm8 t - f 1a1 - 'L 33,358 sq, . r 4Pd 1D -PP16'•,C2 1 r A3 A-2 A-1 3 Pt25 Pd 12 ra l 9 a L . 7 r 5 Cs 3 Pv fig - B Gd 1 Pt 2 v SI MEADOW RANCH i 992i Lf d Ptl 1fi1 r I i z. 'id, B PP 16 A- F-2 Pd 12 J " F-t 7P e-Prz oPV1s._ 4Pd z F1 it dy/_ i ' p w z 3RZS • _ -v j2p Fj 3Pd10 4 PP 16 3 P 10 Ptl 141 A - ' V _. 01L iP,1 5 Ptl 10- ---cf % j A v 4E1 1Pd12 IC Pit 2.5 28 X v ,_. / P Lot q 7Pa1o1 6 24,924 s . i e P Lot 15 2825 Y 15,188 sq, 4 PI a5 - Lot al 6ay 1d - 21,174 sq.Jt. 4Pd 1z 5Pe 10 PuNr usr12PL25 1 LOt 1 6 U ABBR. BOTANICAL NAME COMMON NAME. GTY. SIZE 14,536 sq.ft. y DECIDIOUS TREES Drip IrtiwlioT J! j Ag Arer gledvm Rocky Mountain Media 65 3 Cal 81.5 Popubus Bemubrdas AAspen 1214 2,21/2 .01 j 82.5 PopubU6 BamJades Pen 14 Pt 2 5 NarmWOaf Cottonwood 57 2'cal Lot,1 /Pe Popubus argustlroea M . CONIFEROUS TREES-Drip lrripBtion i I f 8,30` a. ' LOt3- Cobrado SPNm 8 6PP8PImaPUneens 17,974 s . pp m Pima pungens cobrado SpNm sT 10• Pa 12 Pima pungens lorado spruce Ppp 14 Pima ungens Colo do Spruce ce 33 13 P 186 PI Pungene SPIN Pseudmsu 0 menaesii Dom las F8 12 B'f i mPm10 Pseutlotsu9a manriesii DwP Fr 14 10'r D-\ g Pm12 Pseudotsuga menaeaii Douglas Fir 4g 17 NATIVE REVEGETATION SEED MIX(247,866 sq ftl-Sprinkler Im etion Lpt Q 16 PT 2 5 N Until Establishment(PermenanNy Imgate all areas within 30 of a Structure) Ptl a P1nm ponderosa PPdandes Pine 33 10, Inaen RI Ammo,a umhyMe e'P Pd 10 Pinus Ponderosa Ponderosa Pim 1 B Senddeng 8luagrass ElmuslendrealaWa q,fY. - i Gress'Nae Pel y ee f4ei PBY 4. 0I6c1m Pd 12 Pinus ponderosa Ponderom PIm 20 1716 }69 6 f Sxomts Grame AchnaMerum SMmun' 0.5lbe./ac Pd 14 Pinus ponderosa ina 3 15 Tbcksk terra' 0. 5Itslac Pd 16 Pinus ponderosa Pordimsa Pine 3 11' Pmeemse P a Wheal Grass Y 2.O die o F SleMer Meayress E"..me y alums 3A lbai.c SHRUBS-Pop uP or DdP BriWBOn 1 l L5 1 J iOEE l>:aExO AmEe'Wester Wnaeyre6s PasrvpYN ne'MDe Y 3.OIMIBC a Alnu6lmui(die Thmba(AIeBr 20 S 901ue6echcelulu sq ft. - -- Mountain Begs n a m , . 2s bil csi comus sldonireal col n6' col Dogwaod z7 BBB i pEODUau rRFES Mourm Raebit Brush CArtemmMie'udvi eii' Artibe'2S baJec Cdcredo 50 BBBcsc Y a-Y"a 0O5bslac Cs corms mxdm ra mlaadan6a Blue wg DogN 310 2gel j' EvEOanuill MEES G GerOnium romnne ven s.y _.:!' Pmn a Ie fngide Ll LGonicm0 involute B s nee Rs 5 gal S TREMULOIOES Iz z s cAU s RBC eoMMOx xAIE.coLOewoo sPRUCF MBMM'ICAL XMIE:PICEPPUNGENa BOTIJIKAL IUME:POPUW Fnlged SB96 eDMMOx xuEE svcu He y Golden Aa1ar Cfi rwpsis vll ose n D.251Da.lx Lp bgrg t0lanm Am ed Horresuckb 22 assI Lanm LealCOreapsis Coinusarenmokte 0.51M.lec LI gagrdChoka t1D Sgel BOTN11.Iw NIJ•E:ACE0.CMBeUM PNr1ue Vlrg nan8Lupmuemgemaus1.O Im.lec g011ow Flowan nanl 20 5 gal Cp1MDX MI4IE.ROCNy MOUMiMN kUPIE Silver Wpie Rubes aureum 9 I- WTM'ILµMAME:PINUS PONDEROeA Blue Flex-Llnum l6WRl P.ns lnion 1.0168./eC ink Sirm6p" B2 2gal Cd NNAME:PoNDEROSA PINE BOTANICAL NAME:POPULUe AGUeiiFCLN Rocky Marrero PenstemM PBneWrMneWCWe 2.O lolBC Re RldUa dBliCiOSUS 4.. P coMMON xAME conoNw000 eelsamwMra saglBem 0.5Im./ac Sc SympglabraOm x chenaJB'VlanmclY Pink Snowbany 40 2 gel y+y. Anowleai Balsam Rout 59 Selo glabre V Ilbw 28 2 gal fi11/i1 -MMIcu NAME:PSEUDOTSUGA MENnESI, Bar ldA .ME:PnPuLLJSMruLOloFA05rcui SODTURFGRASS 12,194 sgftj-Zoned Spray Irrigation,Pop-up Heads So Symphwimpm orewhiks Mountain Snowberly 24 2gal Yi111f1\ lt CDMMPX AI poUGLAS FIR COMMDN NAME:ASPEN Drought-Tolerant Feswe Mix PLANTING CONTEXT PLAN SINCLAIR MEADOWS SNOWMASS, COLORADO Bawl" C.SNOWCO LLC 1 re.N.„•.....A,.,,••<• .;..9y.••15rroY•YNOfONN NORM 0 Is 30 e” SEPTEMBER 10,2007 i APm 10 0P11p Y 7Pm 10 eptill 126- z W vs^r WETLAND F'OND' x y i RIRI .. I L' K'lar y II I S Pme I W 3PN5 PRIMP W ^ s. LfTTLE RED SCHOOL HOUSE 5I i I W y PI 5 l b s 4Pn0 1 Z PmR 2v KGI Tx13e L% 1G MEADOW RANCH am Lt a sPa 1e EXISTING TREE GROVE - EXISTING TREE TYP. y 11 IF' v i I w L 725 25 lD y FP oq 2P. 1 C/ L. 1 U aPo tp P y 1 y, r r y W 4 EXISTING TREE tltOVf 2PI If- EXISTIN09HE0 14At2.5 W P I Q e rpm— II w W _ 4W ExI6TINGTREE STAND-/ W y'— a% 35 00, 71 y Pp1B 3 10 BPEN i i P115 1 c y 8 p12 '/ Lot S W 1 77 15, 188 sq. ft. 21Pt 15 L 10Pp IS 1211` 135 LIMIT OF REVEGEQATIVE SEEDING Lot 16 14, 536 sq. A W eol' Y 4E. V9TWG TREE6TAND-/ L W v y_ 1 J 1 w r w, L0) x1 7 , LEGEND NtTN WREAD THE PLANING PLIN SYTiBCLWY 1- 7, 056 b . b Ary iILEF LFOENO AeB0. IOTjjLl MI[ COMMON NAME q. / u. EVERGREEN TREES I PoeubuPtnmJ. i 4p•^ EVERGREEN TIKES Pe PPWVw•^ 3ugtl4 Cpl m. A A r J NUMBER OF TREES PROPOSED pp P". purgnF C d.5, NAME P OEA PUNGENS pm Pyu" Pat am Pmll OP p 7 J m/ i 1 6ENUSABBREVATICN EVERGREEN TREES COMMON NAME. COLORADO SPRUCE SYMBOLS USED FOR SD ICXL W. E, SIZE NHEIGHTOF IN THIS PROJECT PO P.— ppr4nu• PoMnm• PMM EVERGREEN TREE Aq Anr11I AFFYY Mln UNFP P E. .. T- v - G BOTH NBAUAME DILROSNDEROSA L Y 1 1 1 COMMON MIME: PONDEROSAPINE NW Pxmpµ mMb en. xown On Np W^ WIrcMUMIMm i pr 1 Pp 18 . - JYp an^ unamr uwuwawm, l v vJ r SOTANICALNAME' PSEUDOTSUd MEN21E511 C J 7 E' y OEC# JVOUs men COMMON NAME: DOUGUS FIR NUMBER OF TREES PROPOSED DECIDUOUS WES W r GENUS ABBREVIATION l OT OF JBOTANICAL NAME. POPUW6TREMO ( 385' GL) DECID UWUS RE CpMN ASPEN 1 11 I EOTANICALNAME: ACERGIXBRUM 1 Pt 2.5 COMMON NMI ROCKY IbUNTAW MMLE yyyy'''' b AGUa COMMON NAME: COTTONWO OD W. i_ .. W , 4_-' 9 i_- v BOTANN: AL NAME: POPULUS TREMMODES 15 Z M) V L SYMBOL USED FOR O COMMON NAME: ASPEN y _ W - , 1, y,/ y i IN THE PROJECTTREES SINCLAIR MEADOWS SNOWMASS VILLAGE, COLORADO PLANTING PLAN C. SNOWCO LLC 7. 7 ,.. N.. p_, i.l: LlTLl, a E...,, ,. 1 • B xoxlN n 1a' 3a' RB, mo. 1.7 SEPTEMBER 10, 2007 Roar pNJ Esd aaa..r d sm •p• FY.L 8125 •--.\ elm elm 1 1 1 I e"nce 0100 et8150 Lyj 8I4p 1 it eua elm 7 1 A SECTION A 50 s ,a m J% a w F'' i i 8165— `- 821 &193 9•.m C3 C-q elm 8195- f SECTION B E3 E<_ T -- --- - v ,p m 1 i e- en° aza° rscw e nway wm ra o-.n." /zss Po.wy y 3 i e,m cut e+ro 116'] 6180 eu° SECTION E P 01 .7L:7 CROSS SECTIONS KEY MAPmd 0 5 t0 m r-+°d ALL PLANTINGS SHOWN ARE REPRESENTATIVE OF SIZE WHEN INSTALLED SINCLAIR MEADOWS sNOwMASS, COLORADO RETAINING WALL CROSS SECTIONS A,B,E SEPTEMBER 10,2007 , ASPEN SKIING COMPANY EX4`r GPACE - off AY elm F O,GO. d 1 gin . 1 I 8160 A 11 N151) A 5, o I i SECTION C 8190 l J B ezw. Emir wr 8175— 775 e,ao BWSECTION D I LEI 0 5 10 A 8195-- 1 i I LEI s CROSS SECTIONS KEY MAP ALL PLANTINGS SHOWN ARE REPRESENTATIVE OF SIZE WHEN INSTALLED SINCLAIR MEADOWS SNOWMASS, COLORADO RETAINING WALL CROSS SECTIONS C,D ASPEN SKIING COMPANY y SEPTEMBER 10,2007 IXISI CAH£ - 9110. CU' 98d 9,90. 9170 4 I 1 11 a\85 9 w I SECTION C 8 9p o o s 10 9 0 X8165— Me Fxlss Sao BP v ry$ , VOh az19 50, i a 9190 SECTION D i - 0 6 10 90 X8200 i 11 I7 I 1b v w CROSS SECTIONS KEY MAP SINCLAIR MEADOWS SNOWMASS, COLORADO RETAINING WALL CROSS SECTIONS C,D 1d ^"^ aoo v uaye SEPTEMBER 10,2007ASPENSKIINGCOMPANY nel,nh ^-e emnmem e„5 Mt CREEK ROAC I_-- 1 a'a sla.ga aim f t9L'(arpm venunA-i 3rVRUNeY 1PV CrV rPYti^9—}-1 lf 9hnP I--' -- Li I 1 6 j10 ' 1 1fr1ra141FweFMGw Iaim 11 1 elm 1 8190 1 1 1t 1 r,w elb 1 SECTION A LJ G4n1J[) D s Ir mDP r ej - at; r n. 8165 h o9-9 I B-2 &1 67),oR. e+m a\5 p,2 p-2 A 1 c3 1'19 p CA t p a . 819 elm. DA a m j 1 e,m SECTION B n E-3 EA u x, a p5 3 P 82'0 eacw sa // zei'r.uAww zrsnde..•r CLF 8150 aw SECTION E r M 727 I 7 CROSS SECTIONS KEY MAPMD' 0 5 10 A k j31 r SINCLAIR MEADOWS SNOWMASS, COLORADO RETAINING WALL CROSS SECTIONS A,B,E ASPEN SKIING COMPANY SEPTEMBER 10,2007 1741ta LecQ X1119/07 / Dear Council members and City officials, My name is Dale Rands and I am a full time resident of Snowmass Village. My profession is hotel ownership and management I appreciate this email message being read into the record this evening during the public hearing and second reading of Ordinance 15, Series 2007-Minor PUD Amendment to Base Village PUD Condition No. 7. During the Base Village approvals there was a great deal of discussion regarding the flagship hotel and the need to drive occupancy. Over the last number of months the Council has had a great deal of discussion regarding Viceroy brand. From my point of view,a small hands on operator such as Viceroy will serve the community well. Hopefully,over the past several weeks, the discussion has moved from whether Viceroy is a strong brand and an effective operator to Counafs most recent question and focus,"What's in it for the community financially?" I am confident Council is asking this question from the viewpoint of those who are financially responsible for the Town's budget and in line with what brand will support the highest occupancy. If so,then good for Council. 1 urge you to focus on the financial issues and resolve them as soon as possible so that the project can move forward. My understanding is that as part of the Town's acceptance of Viceroy, the Town has been offered a guarantee of a second hotel, i.e. a 225 room condo hotel at the Mall, subject to the Town getting through its comprehensive plan update and any necessary land use process. This sounds very good to me. I believe I speak for a large oonstitutancy when 1 say, let's keep Base Village moving. I understand that construction has slowed down. I believe it is important that we allow the developer to proceed in order to complete Base Village on a reasonable schedule. Thank you for your attention to this email. Dale Rands Sept 17, 2007 dmerc(Drof.net rcoxon(a)tosv.com rforrest(Dtosv.com cconrad(Wtosv.com ssparhawk(a)earthlink.net 0ohnwilk(a)bikerider.com rlewis(Dtosv.com mordkin(rDrof.net eCo r/i 7 lob Town Council Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 September 14, 2007 Re: Meadow Ranch Approval and Support of the Building and Road Alignment Shift and Revised Landscape Plan for Sinclair Meadows Dear Honorable Council Members, The Meadow Ranch Condominium Association has met with Related WestPac to review the proposed shift in the building,the road alignment and the revised landscape plan for Sinclair Meadows. We have a full understanding of this modification and both approve and support these changes. Meadow Ranch would like Council to allow Related WestPac to move forward without any further delays caused by this modification. Thank you, Michael McNamara On Behalf of Meadow Ranch Condominium Association 0 6 SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK A S P E N C S N O W M A S S_ ASPEN SKIING COMPANY Revisions to the Amendment to the Comprehensive Sign Plan Snowmass Club Su67nittedTo: Town of Snowmass Village Post Office Box 5010 Snowmass Village, CO 81615 Applicant: Donald Schuster Snowmass Club Associates 0239 Snowmass Club Circle Post Office Box G-2 Snowmass Village, CO 81615 970-923-8752 Aspen skiing Company Post Office Box 1248 Aspen, CO 81612 August, 2007 P.O.Box 1248 Aspen,CO 816124248 970-925.1220 www.aspensnowmass.com ft. R Nw SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK A S P E N C S N O W M A S S- ASPEN SKIING COMPANY July 24, 2007 Jim Walilstrom Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 Dear Jim: Attached please find 10 copies of the revised Comprehensive Sign Plan Description as requested. The updated version has in the field photos of the locations of the signs requested. The sign locations are represented by stakes which can be seen on the photographs. As requested by Planning Commission and agreed to by applicant Sign#5 has been removed from the application and Sign#8 has been redesigned and relocated. Please do not hesitate to call Don Schuster or me with any questions. Thank you, a a Donna Davis Development Coordinator P.O.Box 1248 Aspen,CO 81612.1248 970-925-1220 wwn.aspensnowmass.com Comprehensive Sign Plan Modification Description Revised 8/8/07 Snowmass Club Associates is proposing to modify the existing Comprehensive Sign Plan outlined in Ordinance 23, 2001, which is attached. The new signs are additional identification signs at entry points or directional signage on the property to aid guests in finding the locations they seek. We have found that the materials used on the existing signs have not held up well. Many of the signs have cracked and the lettering deteriorated. The new signs will be of more rugged materials—metal and stone—and should withstand the elements better. To assist in visualizing the new sign locations, we have staked the exact locations in the field and photographed the stakes. Those pictures are included in this application. The stakes will be left in for two weeks after the submission of this application for your review in the field. The approximate locations are noted on the maps included in section 8 of the initial submission. Each stake in the field is topped by an orange flag so that they may be easily identified in both the photographs and the field. The Hillside Sign (approved Sign H) at the roundabout at the intersection of Brush Creek Road and Highline Road will be replaced. Since the roundabout has been built and the traffic pattern altered, as well as new trees planted, the sign is no longer visible to guests entering Snowmass Village. The existing sign, shown in Pictures land 2, will be replaced with a new sign and moved to a more visible location, stakes shown in Pictures 3 and 4. The new sign, shown in Concept 1, will be of aluminum construction with individual cut out and raised lettering. It will be painted to replicate the cast bronze plaques throughout the property. The sign will be mounted on two stone posts and will be moved further west along Brush Creek Road from the previously approved sign location. This is an illuminated sign. There is currently one sign located at the intersection of Brush Creek Road and Clubhouse Drive that was not included in the original Comprehensive Sign Plan. This sign is shown in Pictures 5 and 6. We propose to remove this sign and add two new Entryway Signs, one on each side of Clubhouse Drive. Stakes are shown in Pictures 7, 8, 9, and 10 depicting the locations. The signs will be made of cast bronze and mounted on a sandstone slab, shown in Concept 2. These signs will make it easy for guests coming from either direction on Brush Creek Road to find and identify the Clubhouse Drive entrance to the Snowmass Club and are proposed to be illuminated. Sign #1 is a new sign directing guess to the various Snowmass Club facilities. The sign is to be placed between the entryway and the Golf Clubhouse. The location is shown in Pictures 11 and 12 and the design and dimensions shown in Concept 3. The TOSV ball park property boundary line will need to be located to determine if a license agreement will need to be executed for this sign. Sign #2, is a new double faced sign, directing guests to the Golf Clubhouse, Black Saddle and parking. The location is shown in Pictures 13 and 14 and the Design is shown in Concept 3. Approved Signs G and G1 will stay the same. These signs direct guests to the Maintenance Facility and Club commons. Sign #3 will replace approved Sign E. The location will be the same and is shown in Picture 15. The sign, however, will be turned 90 degrees so that it will be perpendicular to the road so that it will be more visible from both directions. The sign content is shown in Concept 3. Approved Sign F has been removed. Sign #4 will replace approved sign D2 (shown in Picture 14) and directs guests to the proper parking area for the Residences and additional Athletic Club parking. The location is shown in Picture 16. The content is shown in Concept 3. Sign #5 designates the loading dock and replaces approved sign D. It will be mounted to.the outside wall of the Indoor Tennis Facility and will face Clubhouse Drive. Location is shown in Picture 17 and 18. The content is shown in Concept 3. Planning Commission requested that this sign be removed from the Comprehensive Sign Plan and the applicant has agreed. This is reflected in the chart at the end of this description. Sign #6AB is a double faced sign at the entrance to the Club parking lot directing guests to the Sage Restaurant, the Athletic Club and Guest Reception from both sides of Clubhouse Drive. It replaces approved Sign C. Location is shown in Pictures 19 and 20. Content is shown in Concept 3. The sign is proposed to be illuminated on both sides. Sign #6C directs guests to the front entrance of the building for Sage Restaurant, Guest Reception and Valet Parking. This is a new sign and the location is shown in Pictures 21 and 22. The text is shown in Concept 3. Approved Sign B which is located in the circle in front of the main entrance to the Snowmass Club will stay the same. Sign B is shown in Picture 23. Approved Sign A has previously been replaced. The New Sign is included in this application for approval and is consistent with the finishes and style of the proposed new signs. Location and content photos are attached as Pictures 24 and 25. The Materials and Dimensions are shown in Concept 4. This is an illuminated sign. Sign #8 replaces Sign C2. It is located at the intersection of Snowmass Club Circle and Clubhouse Drive. This will be a cast bronze plaque attached to a Colorado Bluff' sandstone slab. The Public Works Department has approved the location and a License Agreement will be forthcoming. This is an illuminated sign. The location is shown in Pictures 26 and 27 and the concept is shown in Concept 5. Planning Commission has requested a design and location change for this sign and the applicant has agreed. The new design and location are shown in Concept 5A. The Highline Drive Sign is an existing sign installed last year at the intersection of Highline Drive and Snowmass Club Circle. It was not included in the original Snowmass Club Comprehensive Sign Plan. We are requesting approval with this application. It is a cast bronze plaque mounted on a sandstone slab and is consistent with the finishes and style of the proposed new signs. Its location is shown in Pictures 28 and 29. Materials and dimensions are described in Concept 6. The illuminated signs are the Hillside Sign, both of the Entry Signs at the Intersection of Brush Creek Road and Clubhouse Drive, both sides of Sign #6A and 6B and Sign #8 at the Intersection of Snowmass Club Circle and Clubhouse Drive. The illumination spec is also included in this submission. Sign A is illuminated from below by traditional lighting. There are a total of eleven approved signs in the original Snowmass Club Comprehensive Sign Plan of Ordinance 23, Series 2001. Six of these signs will be replaced by similar size signs. Three of the approved signs will remain and two will be removed. In total, six new signs will be added including the requested approval of two existing signs for a total of fifteen signs. The following chart identifies which signs are to be removed, which six will be replaced, which will stay the same and which we propose to be added. The attached Pictures and Concepts show the proposed location and design of each sign in the field. Approved Replaced by Added Signs Removed Remaining Signs Signs Signs H Hillside Sign G G G1 G1 E 3 F F D2 4 D D C1 6AB C2 8 A New Sign B B Highline Drive Sign Entryway Signs 2 1 2 6C 11 Si ns 6 Signs 6 Signs 2 Signs 3 Signs NINNVDS10 :11vil IV :IrlttVrIlVAV AJODIsUff 4HJLHHVSIOVIVI ONIAkoriloadHi Picture 1 AN li F SR - Ij i, f, v-* N 9 s,` @' Yc+ d i '",'}1'tid+" ' j? x3 f 4 ..-.i hrt ' ;° , " 1 " r +t Existing Sign H Hillside Sign) i t fi t 'v ,•, r 1 .,' ] ( iP'r•t R"7'r,. !. N.a ACYn. Ag now Rya Picture 3 Kba rz a Hillside Sign Proposed New Location Note Stakes) Picture 4 4 I t,. X a 7 Hillside Sign Proposed New Location Note Stakes) Concept 1 120.33" All aluminum construction with individual cut out and raised lettering. Painted to replicate cast bronze plaques thru out property. Sign to be mounted to 10 x 10 stone posts. Hillside Sign to replace existing. Location-Hillside near rotary 5-20-07 12100 w. 52nd Ave. #111, Wheat Ridge, CO 80033 // 303-425-6295 H sdesignLDmho.net P 4t M4 ,4 C V r tl .4 40i f S ATI RAgT IL u. t( Picture 6 k 0. 4 A A k 1 Existing Entryway sign Picture 7 ON- v i J h 3 r, a{t Y a d Proposed New Entryway Sign Note Stakes) Opposite Corner of Existing Entryway Sign Picture 8 M1•l_„! N '4 to R`4, y IS” - z U r— ,.{ sus`. F"mow Proposed New Entryway Sign Note stakes) Opposite Corner of Existing Entryway Sign Picture Replacing Entryway Sign Note Stakes) Picture 10 I1 K C yyyy L Yi11 CY! Y J;.i Y ill Y. i Replacing Existing Entryway Sign Note Stakes) Concept 2 S _. f YxY l SNOWMASS F ill iC'a qq.q€FY i i Y I N-1 zr r 'G 30"x 52" Cast bronze signs on a 71/i tall x 44"wide sandstone slab, 2- New signs at intersection of Clubhouse Drive & Brush Creek road. CLUBHOUSE DRIVE ENTRY SIGNS (CONCEPT) 5-20-07 STONE W/CAST BRONZE PLAQUE. 12100 w.52nd Ave. #111, Wheet Ridge,CO 80033 // 303-425-6295//sdeWgn(Omho.net Picture 11 i oyajy e+tt^ aln.-+ -"ip 3 » y ., 'E ffU C 4lY A.,' ya. ry...xnp jC ., t •d'W; 4 I h i A R { a ti 74 Sign #1 Located between the Entryway and the Golf Course Clubhouse This is a new sign.) p a sh Vu Concept 3 Page 1 1 3i 1 I I 1 30" CqI io L I 1i 1 I 0' 20 x 30 Cast aluminum directional signs. Painted to replicate bronze plaques. Natural bronze lettering and border with statuary dark bronze background. Sign is mounted to 3/16 thick/plasma cut decorative bracket/attached to 8x8 stone post. Snowmass Club / New or replacement Directional signs / 5-20-07 COn 12100 vv. 52nd Ave. #111, Wheat Ridge, CO 80033 // 303-425-6295 // sdesign@mho.net Concept 3 Page 2 GONE e;TENNIS PRO SHOPTENNISGOLFGoLETENNISATNLfflcsueBLACKSADDLEGRILLEBLACKSADDLEGRILLEBLACKSADDLEGRILLE RECE RES MS PARKING PARKING PRO SHOP GOLF PRO SHOPGUESTRECEPTION Location#1 Location#2 Location#2 Location#3 Location#3 New sign,single faced New sign-double faced Back side Replacement/double faced Back Side SAGE WSAGERESTAURANTDELIVERIESATHLETICCLUBPARKING GUEST RECEPTION RLACKSADDLE GRILLE GOLF&TENNIS Location#4 Location#5 Location#6 Location#6 Location#6CReplacement/double faced N d Replacement/double faced Back side New sign/single facedsamemessagebothsides IM Snowmass Club/New or replacement directional signs / Message schedule 5-31-07GOC' 12100w.52nd Ave. #111, Wheat Ridge,CO 80033 // 303-026-6295//sdeelgn#mho,w Picture 13 Y2` r w 7 L'i.' .. r-_]_ 4?r?A -41 _rr rl ii S ASY aaR w. At Sign #2 Entrance to Golf Course Parking Lot This is a new sign.) Picture 14 lT F 1 i j'. Sign #2 Entrance to Golf Course Parking Lot This is a new sign.) Picture 15 AO! ti r It Sign #3 Replacing Existing Sign F At the Tennis Pro Shop Parking Lot Sign will be turned 90 degrees for Visibility W ' ; n r t f a k1 T r7Y ' I yL 1f j f'f, I., 1 + to J y2 4 E 4 R• 2 • 1 I' E I x tit Q Al s" x. q' x -.1 A-Pitt yx 1 vfY i xk'3' p. 2z aEt'T- Picture 18 r.tr tai 1 " 1" y. ! roil 01V A y I i 'yj t fui J Sign #5 Replaces Sign D which has been removed It is mounted on the Indoor 'Tennis Facility Picture 19 Sign #6AP Replaces Approved Sign C which was removed At the Entrance to the Athletic Club Parking Lot b • $ s+ I r t 16 3 Picture 20 Replaces Existing Sign C which was removed At the Entrance to Parking / . Picture 21 410.V0 fi 7K Sign #6C This is a New Sign At the Athletic Club Entrance Picture 22 ky. rrJ.p4 %° r d i/ A ,."•l•' t BSI S'.I•} es r StA'r t 4•'Y•; K r. fit ''S .` 'd" -. °P[w i AY I l S n i f .° fTt '\F''°.L i lam;*.eS4''• e.- .. I Sign #6C This is a New Sign At the Athletic Club Entrance i fi- Y A!' r ' i " 1.'Z e gyg f a +e4 .i r. 4 F4Yj `xJ. y'i yisor, tYw Picture 24 4 r } q F E y - y{ r Approved Sign A Has been replaced Picture shows the New Sign r a -- k l f,:l r - 4?'P ate a S! :.h r r s. r SNUWMASS CLUE J t Y52, 4t r ..i 4 Picture 25 w Approved Sign Has been Replaced Picture shows the New Concept 4 y 1 rte' ..«7".+r 4r La•'Y I,p.-;"i`. n t rR Install rough cut stone slab at entrance to Snowmass Club on Snowmass club circle Stone to be approx 42" wide x T tall. Sign to be cast bronze with raised logo and border. Sign measures 29 1/2" x 52" wide. Sign to be installed approx. 15 from edge of roadway SNOWMASS CLUB CIRCLE ENTRANCE SIGN 9-23-05 oo 12100 w.52nd Ave. #111, Wheat Ridge,CO 80033 // 303-425-6295//sdesign@mho.net Picture #26 SLOW vA e 9 a mw. 4 i.n• 15 rtes Al w < f S Sign #8 Intersection of Clubhouse Dr. and SMC Circle This Replaces Approved Sign C2 which was Removed M Picture #27 NOT A u THROUGH r STREET f w x Sign #8 Intersection of Clubhouse Dr. and SMC Circle This Replaces approved Sign C2 which was Removed Concept 5 k ski _ f r RECEPTION V SADDLE GRILL M 48" 32" X 48" Cast Bronze Plaque sign attached+to "Colorado Buff sandstone slab. Stone will be direct buried and will be approx. 7 Y'tall at the top of stone, above grade.Center of bronze sign will be about 6'6"above grade. I New Sign # 8 Club Circle Entrance / 5-20-07 12100 w. 52nd Ave. #111, Wheat Ridge, CO 80033 // 303-425-6295 // sdesign@mho.net Concept 5A e-. s'M'J°'T^mta. w .. 1 o- s.• l -qP ' , t y t New Sign # 8 Club Circle Entrance / 8-6-07 Alternate location & design New Sign # 8 Club Circle Entrance / 5-20-07 OOCI 12100 w. 52nd Ave. #111 , Wheat Ridge, CO 80033 H 303-425-6295 H sdesign@mho.net Concept 5A tK- 4 A4 . Aspen Skiing Co. Memo To: Jim Wahlstrom From: Don Schuster, Vice President-Real Estate Development CC: Date: September 11,2007 Re: Snowmass Club CSP Jim, at the suggestion of Chris Conrad, I have reviewed an alternate location for the proposed sign#8 for inclusion in the review the CSP with town council. As requested and approved by the planning commission we have looked at an alternate design for this sign so that it more closely reflects the directional signage proposed along Clubhouse Drive. The sign location on the left side of Snowmass Club Circle is on land owned by SCA and can be located off the town ROW. If needed the shrubbery behind the sign could be removed and this sign could be double sided as Chris recommended. Based on the messaging needed on this sign It is requested that this sign be approved at 48" by 30" so the lettering will be readable before the motorist will be required to make a turn decision. Because this sign is larger than the internal directional signage it will require mounting utilizing double stone posts as shown in the photograph. Also as requested by the Planning Commission, we have revised the lighting proposed for the Hillside sign which will also be provided for the new entry signs proposed on Clubhouse Drive. I will have photos of the new lighting application for the town council review. If anyone is interested this new lighting from above is in place on the Hillside sign and can be viewed by council in the evening. All other proposed signs remain as originally proposed in the application. Than s Don Jc ¢t •i s._-<S e' `'NTii 3 .,eF yj" x x :.,,, :• - :w b L. j 2 .- t''si b ' X}r' yZCae'Q"' ` ' 'k^'.k*"Y wi r YI R''. SX I4!R of L sd+ t- i t r SAGE RESTAURANT ' . GUEST RECEPTION BLACK SADDLE GRILL GOLF - TENNIS 1—174111111" ATHLETIC CLUB 30"X 48" Cast Bronze Plaque sign attached to Plasma supportedSignis posts M 0-0 0 12100 Ridge, CO 80033 Picture 28 LOW CLI Y yy A • 2"t P i Highline Drive Sign At Highline Drive and SMC Circle This is a New Sign for which we are Requesting Approval Picture 29 l!,. 1 i 214 i • Highline Drive Sign At Highline Drive and SMC Circle This is a New Sign for which we are Requesting Approval Concept 6 1 a Yh SNOWMASS CLUB a K Install rough cut stone slab into hillside at intersection of Highline & Snowmass Club Circle. Stone to be approx 48" wide x 6' tall, on steep slope. Sign to be cast bronze with raised logo and border. Sign measures 29 '/2" x 52" wide. Sign to be installed approx. 15 from edge of roadway SNOWMASS CLUB CIRCLE SIGN 9-23-05 oon t 2100 w.52nd Ave. #111, Wheat Ridge,CO 80033 11 3(33-425-6295fisdesign@mho.net