Loading...
11-16-09 Town Council PacketCIIJ q.Q SNOWMASS VILLAGE TOWN COUNC4.0 REGULAR MEETING NOVEMBER 16, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: JOINT MEETING WITH ASPEN SCHOOL DISTRICT TO DISCUSS TOWN COUNCIL RESOLUTION NO. 31, SERIES OF 2009 Time 90 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution 31, Series of 2009. John Dresser/Russ Forrest ..........Page 1 TAB A) Item No. 3: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 4: COUNCIL UPDATES Item No. 5: RESOLUTION NO. 22 SERIES OF 2009—CDOT 5311 RURAL ADMINISTRATIVE AND OPERATING GRANT CONTRACT Time: 10 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution 22, Series of 2009 David Peckler ............................ Page 40 TAB B) Item No. 6: RESOLUTION NO. 21 SERIES OF 2009 — FEDERAL TRANSIT ADMINISTRATION GRANT CERTIFICATIONS AND ASSURANCES Time: 10 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution 21, Series of 2009 David Peckler ............................ Page 48 TAB C) Item No. 7: FIRST READING —ORDINANCE NO. 20, SERIES OF 2009 AMENDING THE MUNICIPAL CODE CHAPTER 18, SPECIFICALLY ADOPTING THE 2009 SERIES OF INTERNATIONAL CODES Time 45 minute) ACTION REQUESTED OF COUNCIL: Approve, modify or deny first reading of Ordinance No. 20, Series of 2009 Mark Kittle ................................. Page 53 TAB D) Item No. 8: COUNTRY CLUB TOWNHOMES UPDATE ON SPECIAL ASSESSMEENT AND REQUEST TO PURCHASE UNIT NO 26 AND SELL FREE MARKET WITHOUT DEED RESTRICTION Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: Direct staff to purchase Unit 26 and remove deed restriction from Unit 25 and 26 to sell as free market. 11-16-09 TC Agenda Page 2 of 2 Russ Forrest/Joe Coffey ............ Page 65 TAB E) Item No. 9: CONTINUATION OF PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 14 , SERIES OF 2009 — SNOWMASS CLUB EMPLOYEE HOUSING Time 30 minutes) ACTION REQUESTED OF COUNCIL:Approve, with conditions or deny second reading of the ordinance. Jim Wahlstrom .......................... Page 72 TAB F) Item No. 10: FIRST READING— ORDINANCE NO. 21, SEREIS OF 2009 EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny first reading of Ordinance No. 21, Series of 2009 John Dresser ............................. Page 107 TAB G) Item No. 11: MANAGER'S REPORT Time: 10 minutes) Russell Forrest...............................Page 111 (TAB H) Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 128 (TAB 1) Item No. 13: APPROVAL OF MEETING MINUTES FOR: APRIL 27. 2009 I.......................................... ...Page 131 (TAB J) Item No. 14: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 134 (TAB K) Item No. 15: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 4.5 hours excluding items 1, 3 & 4 and 12—15) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: November 16, 2009 SUBJECT: Joint Meeting with Aspen School District Board 1.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Final step in the process of reviewing the Aspen School District ("ASD") Owl Creek Road employee housing project. Town Council has submitted to ASD the recommendations of TOSV via Resolution 931 of 2009 and this meeting is to discuss with the Board of Education which if any of the TOSV recommendations can be included project. ASD is to provide written notification of what recommendations can be accommodated in the project. Il. BACKGROUND A. Planning Commission Resolution No. 16, Series of 2009 provided the concerns, comments and recommendations of the Planning Commission to the Town Council. B. Council received the Project presentation from the District design team and began the review of the Project on October 26, 2009. C. Council continued its review of the project, made findings and recommendations, and adopted Resolution No. 31, Series of 2009. 111. APPLICABLE REGULATIONS The Project is being processed by TOSV pursuant to the IGA. IV. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Discuss the findings and recommendations contained in Resolution No 31, Series of 2009 with the Board of Education pursuant to the IGA. V. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council discuss with the ASD Board to determine the particular recommendations that are most desirable and feasible to be included in the project. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION No. 31 SERIES OF 2009 A RESOLUTION PROVIDING THE RECOMMENDATIONS OF THE TOWN COUNCIL TO THE ASPEN SCHOOL DISTRICT CONCERNING THE PROPOSED EMPLOYEE HOUSING ON PARCEL 14 OF THE SNOWMASS CLUB PLANNED UNIT DEVELOPMENT(PUD). WHEREAS, an Intergovernmental Agreement (IGA) between the Town of Snowmass Village ("TOSV") and the Aspen School District ("ASD" or"Applicant') details the submission requirements for an employee housing application, the review process, and the scheduling before the Town Planning Commission and Town Council; and WHEREAS, prior to or during the discussions or negotiations involving the IGA, the Applicant submitted on August 19, 2009 and updated on September 10, 2009 an application with plans and drawings describing or illustrating the proposal for three (3) buildings with 15 dwelling units including 24 bedrooms and 32 parking spaces on a site containing 0.87 acre or 37,932 square feet within Parcel 14 of the Snowmass Club PUD, also known as 5131 Owl Creek Road, as further described or illustrated in attached Exhibits "A" and "B" incorporated herein; and WHEREAS, the application was referred to affected Town Departments and outside referral agencies in advance for review and comment during the month of September 2009; and WHEREAS, on October 7, 2009 the Applicant submitted updated plans and drawing to respond to some of the review comments received; and WHEREAS, on October 21, 2009, the Planning Commission heard a presentation of the development proposal by the Applicant, reviewed the submittal package, heard testimony and provided comments concerns and recommendations to the Town Council by adopting Planning Commission Resolution No. 16, Series of 2009; and WHEREAS, the application was processed, reviewed and commented on by the Planning Commission pursuant to Colorado Revised Statutes Section 22- 32-124 and the IGA. NOW, THEREFORE, the Town Council having heard the presentation of the Applicant, the comments of the public, the reports of Town staff and the referral entities regarding the Application, makes the following findings and recommendations to the Applicant: Section One. General Findings. The Town Council generally finds that: 09-31 Resolution Page 2 of 7 1) The application sufficiently incorporates the submission items outlined in the IGA. 2) Meeting schedule notices and display ads were provided for the general public, and the proposed plans were exhibited at the Town Hall for public viewing. 3) The IGA provides for Town review to make findings and make recommendations regarding the development proposal's compliance with Snowmass Village Municipal Code Sections 16A-5-300(c) General Restrictions and 16A-5-310 Review Standards insofar as feasible. 4) The development proposal is not consistent with the underlying zoning parameters set forth in Parcel 14 of the Snowmass Club PUD or the Town's Comprehensive Plan. However, it appears to be more productive at this time, considering the IGA between the two entities, to review the proposed employee housing project on its own merit and against the parameters of the Multi-family (MF) zone district. 5) Considering that the existing PUD standards established a density of approximately 2.3 DU/acre, the proposed development with a proposed density of 17.25 dwelling units per acre does not appear compatible with the existing PUD standards. However, the proposal results in a logical and orderly development pattern within the overall community, as a result of the proposal being on the edge of or adjacent to other multi-family developments to the south, southeast and east with two to three story buildings and the dormitory facilities on the adjacent Anderson Ranch property to the west and therefore appears compatible with the neighborhood character and surrounding uses. 6) The Applicant has sufficiently demonstrated that the project would remain employee housing controlled by ASD pursuant to the IGA. The Applicant has agreed in the IGA to record a Declaration of Covenants burdening the Property to ensure that the proposed housing remains affordable housing and in the event the Applicant transfers the Property to a buyer who does not wants to continue the employee housing use, such a Buyer shall be required to gain Town land use approval prior to changing such use. 7) Pursuant to Section 16A-5-300(c)(1), Minimum land area, (2) Location, and (3) Uses, of the Municipal Code, the proposal appears to comply with these standards. 6) Pursuant to Section 16A-5-300(c)(4), Maximum buildout, of the Municipal Code, the application is not consistent with this General Restriction. No Future Land Use, Future Units or Commercial Square Footage Specified Residential or Commercial) are allocated by the Comprehensive Plan's Buildout Chart. However, if the project is designated for employee housing, the buildout provisions have not necessarily applied on past development proposals. 09-31 Resolution Page 3 of 7 9) Pursuant to Section 16A-5-300(c)(5), Dimensional limitations, of the Municipal Code, the subject parcel is located within Parcel 14 of the Snowmass Club PUD with a specified maximum building height of 32 feet above natural grade. This is the underlying zoning parameter and the height limitation under the MF zone district is 38 feet. . According to the Roof Height Calculations (Sheet A1.1 of application drawings), all three 3) buildings exceed 32 feet, but come very close to complying with the MF' zone height limitation of 38 feet. Roof Point B2 manually calculates to being approximately 38.08 feet above existing grade. 10) Pursuant to Section 16A-5-300(c)(6), Community Purposes, of the Municipal Code, the application does not include a proposed variation to exceed the maximum buildout or allowable height limit. Provision of restricted housing is a Community Purpose. 11) Pursuant to Section 16A-5-300(c)(7), Standards for granting variations, of the Municipal Code, the application does not include a proposed variation to exceed the maximum buildout or allowable height limit. 12) Pursuant to Section 16A-5-300(c)(8), Parking, of the Municipal Code, the application does not meet the 1.5 spaces per bedroom for restricted units. The standard for the MF zone district is 1 space per bedroom. The project has 24 bedrooms/providing 32 spaces. The Land Use Code would require 36 spaces at 1.5 spaces per bedroom for deed restricted housing and 24 spaces at 1 space per bedroom for the MF Zone District. There are also 21 spaces that partially extend into the Owl Creek Road right-of-way, and one of those spaces are designated for the for the planned work shuttle van/bus to be utilized by the ASD employees to commute to the various school district facilities. 13) Pursuant to Section 16A-5-300(c)(9), Road standards, of the Municipal Code, there appears to be a sight distance problem that currently exists for west-bound vehicles leaving the project site. It would appear that at least one evergreen and possibly two (2)Aspen trees within the right-of-way may need to be removed or cropped. Also, there appears to be minimal snow storage capability designed into the site. 14) Pursuant to Section 16A-5-310(1), Consistency with Comprehensive Plan, of the Municipal Code, the project does not appear consistent with the Comprehensive Plan as the Future Land Use Map indicates that the property should be Commercial and the Build-out Chart does not provide for "Future Land Use", "Future Units" or "Commercial Square Footage' Residential or Commercial). However, if the project is designated for employee housing, the buildout provisions have not necessarily applied on past development proposals. 09-31 Resolution Page 4 of 7 15) Pursuant to Section 16A-5-310(2), Preservation of community character, of the Municipal Code, the development proposed for the PUD appears to be consistent with the standards of Section 16A-4-340, Building Design Guidelines to Preserve Community Character, and appears generally compatible with the character of some of the existing land uses in the area and would not adversely affect the future development of the surrounding area. 16) Pursuant to Section 16A-5-310(3), Creative approach, of the Municipal Code, the development proposed appears to represent an acceptable approach to the development and use of land and related physical facilities to produce better a development and to provide benefits for residents of the PUD and the public in general. 17) Pursuant to Section 16A-5-310(4), Landscaping, of the Municipal Code, the proposed landscaping for the project appears to provide sufficient buffering of uses between the project and the neighboring properties to minimize noise, glare and other adverse impacts, but not sufficient landscaping to buffer the project between the project and Owl Creek Road. 18) Pursuant to Section 16A-5-310(5), Comply with development evaluation standards, of the Municipal Code, the proposal seems to have complied with most of the applicable provisions of Article IV of the Development Code's Development Evaluation Standards. 19) Pursuant to Section 16A-5-310(6), Suitability for development, of the Municipal Code, the proposal seems to be suitable for development, considering its topography, environmental features and any natural or man-made hazards that affect its development potential. 20) Pursuant to Section 16A-5-310(7), Adequate facilities, of the Municipal Code, the Applicant has not sufficiently addressed how solid waste will be dealt with. The only facility shown is located nearby on the Anderson Ranch property, and no application has been submitted as to Anderson Ranch's plans to replace it. The school district also has not provided information regarding any mutual use agreement, and the new facility on Anderson Ranch property is not exempt from the Town's Land Use approval requirements. Further, the Town's Transportation Department has identified impacts that this project will have upon Town Transit services. 21) Pursuant to Section 16A-5-310(8), Spatial pattern shall be efficient concerning roads and water and sewer lines, (9) Phasing, of the 09-31 Resolution Page 5 of 7 Municipal Code, these standards do not appear applicable to this infill development proposal. 22) The applicant appears to have provided an adequate construction management plan. Section Two: Recommendations. The Town Council makes the following recommendations to the Aspen School District fro inclusion or incorporation into the Project: 1) Council recommends obtaining a License Agreement from the Town to permit the parking, or any other improvements, to extend into the Owl Creek Road right-of-way prior to issuance of a Certificate of Occupancy. 2) Council recommends that the project strive to meet the parking standards for a restricted housing project and further recommends as methods to meet said parking standards: a. A minimum of one parking space should continue to be reserved for the District's work van/bus/shuttle to permit appropriate access and turn-around capability; b. Creating additional parking spaces where feasible; c. Consideration of a carport structure with an assigned carport for each unit along the southern boundary and towards the western corner of the site with individual storage units included in each carport much like the adjacent Fairway Three complex that would provide additional storage for residents and minimize unsightly storage in more visible areas of the project. Such a carport structure would need to address access to the right-of-way in order for the Town's Public Works Department to store snow and maintain the adjacent ditch. d. A cooperative parking management plan with Anderson Ranch that maximizes the use of the driveway for parking either by daytime or nighttime uses when the driveway area is not being utilized by Anderson Ranch for deliveries. e. The provision of a work shuttle for residents of the project and employees of the District. f. The use of a permit system for residents to ensure availability to residents and prevent unauthorized parking. g. Prohibit the storage or parking of recreational vehicles, snowmobiles, recreational motorcycles, and trailers. h. Provide a designated parking or storage area for bicycles in order to prevent unsightly outdoor storage on balconies, patios or porches. 3) Council recommends that the Applicant coordinate an adequate sight- distance triangle off of Owl Creek road at the project exit with the Town's Public Works Department prior to issuance of a Certificate of Occupancy. 09-31 Resolution Page 6 of 7 4) Council recommends applicant provide an adequate snow storage plan will be implemented that will not adversely impact surrounding properties, the Town right-of-way or drainage plan. 5) Council recommends the proposed building design of the modular construction be revised to include: a. Town Council is very concerned about the flat and inverted roof forms due to snow load and leaks. These forms also do not reflect the surrounding architecture or the Town codified preference for mountain architecture. b. While solar energy collection is encouraged, such collection devices should be discreet, not excessively encroach beyond the roof lines and should not increase the height of the buildings. c. Compatibility with the surrounding properties in terms of the use of the materials, finishes and color palette to blend and soften the visual effect of the buildings with the surrounding buildings rather than materials, finishes and colors that make a statement that attracts attention to the size and mass of the buildings. Materials that reflect natural mountain materials such as stone and timbers should be included in the project. d. Revisions should be made to the architecture that provide more articulation and fenestration in the building design and refrain from creating more monolithic structures. 6) Council recommends that the storage space planned on the lower basement levels of the buildings be increased and additional storage space elsewhere, such as within the recommended carport structure, should be explored. Council recognizes that the provision of one storage area for each unit within the buildings is an improvement over the previous storage areas plan. 7) The landscape plan design and mitigation of existing trees in the proposed plan presented by the Applicant appears acceptable among the proposed buildings and between adjacent properties, but Council recommends increasing the plant material buffering near the southwest portion of the site and in the area between the recommended carport structure and Owl Creek Road, or if the carport structure is not finally included in the Project, then additional landscaping is needed between the parking area and Owl Creek Road. 8) Council recommends the Applicant shall sufficiently address how solid waste, and especially recycling, will be dealt with on the site. If off-site trash facilities are proposed to be shared, then the applicant should detail how such sharing of facilities will occur. Such proposed details shall be reviewed by the Town to ensure proper access, design and capacity for the collection of solid waste prior to issuance of a Certificate of Occupancy. 09-31 Resolution Page 7 of 7 9) Council recommends the Applicant agree to a cost share the placement of a shuttle stop along the south side of Owl Creek Road opposite the project. 10) Council recommends the Applicant adequately respond to the review comments, as outlined in attached Exhibit "C" incorporated herein and such response should be confirmed by the referral agencies. Section Three: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. INTRODUCED, READ, AND APPROVED, as amended, by the Town Council of the Town of Snowmass Village on November 2, 2009, upon a motion by Council Member Wilkinson, the second of Council Member Lewis, and upon a vote of four (4) in favor and none (0) opposed. Council Member Mordkin was absent. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor A T: Rhonda B. Coxon, Town Clerk APPROVED AS TO FOR WW (d" Vln l Johd C. Dresser, Jr., To A orney Referenced Exhibits attached: Exhibit "A"—Land Use and Development Parameters Exhibit"B"—Project information and selected drawings/plans Exhibit"C"—Town Departments and Referral Agency review comments Exhibit "A" Planning Commission Resolution No. 09.16 Page 1 of 4 Aspen School District Employee Housing Project Land Use and Development Parameters PROJECT OVERVIEW Legal Description: Generally described as Lot 1, Parcel 6, Filing No. 1,The Snowmass Club Subdivision, excluding a 0.155 acre portion platted as part of Anderson Ranch. Also part of Parcel 14 of the Snowmass Club PUD. Site area: 0.87 acre or 37,932 SF. Dwellings: 15 employee housing units. Unit Mix:Seven 1-bedroom units averaging 755 91 in sVe; six 2-bedroom units averaging 945 s.f.;and two 3-bedroom units averaging 1,337 s.f, in size. Bedrooms: 24 Parking:32 provided (36 required if zoned MF at 1.5 spaces per bedroom) Density:17.25 DUlacre proposed; However, It is unclear whether there is future buildout density proposed in the basement levels of Buildings B and C. Per existing PUD,the existing density is 2.3 DU/acre. Floor Area: Per application, heated and storage spaces totals 16,891 SF and unheated space totals 3,076 SF. Total Calculable Floor Area(per Municipal Code—per plans dated 0 8-17-09): Building A: 4,677 SF total calculable floor area Including units, storage areas and the stairway on 1"floor level; Exempt spaces are decks per 12%rule, mechanical rooms and stairs on upper levels. Building B: 6,889 SF total calculable floor area including units, storage areas and the stairway on 1e1 floor level, plus the 'TBD' area of 1,611 SF with separate entries and over 5'•6" clearance in the basement level; Exempt spaces are decks, mechanical rooms and stairs on upper levels. Building C: 5,955 SF total calculable floor area including units, storage areas and the stairway on 1" floor level; Exempt spaces are decks, mechanical rooms and stairs on upper levels, including crawl space on lower level If under 5'-50. Total: 17,521 SF(calculable floor area) Exhibit "A" Planning Commission Resolution No.09-16 Page 2 of 4 FAR: 0.46:1 (per the calculable floor area); 0.39:1 per application; 0.75:1 if zoned MF Building Coverage: 8,712 SF or 0.2 acre per the existing PUD; Not accounted for in the application Maximum Height: Maximum 32 feet per the existing PUD; Height variation not noted in application to exceed 32 feet; There would be a 38 feet maximum if property were zoned 'MF,'but it does not exist. Minimum Lot Area: Minimum of 30,500 SF required if zoned MF; The lot is 37,932 SF In size. Minimum Lot Area Calculations: Lot Slze: 0.87 Acre 37897.2 S.F. Minimum Lot Area: 3,000 S.F. IstBedroom;22,500 S.F. 10 Additional Bedrooms: 5 000 S.F. TOTAL Min.Lot Area Required: 30 600 S.F. Meets Minimum Lot Area Reauirement CURRFNT'PUD'ZONING The current underlying zoning for the parcel is °PUD" Planned Unit Development ("PUD"). It is actually a portion of Parcel 14 according to the Snowmass Club PUD Land Use Plan Map. The zoning parameters established for that parcel include: Permitted Use: Cultural Faclli es/Prolesslonal Offices Permitted Building Square Footage: 13,000 sq. ft. Maximum Building Height: 32 feet above natural grade Maximum Building Coverage: 0.20 Acres Residential Is not a use permitted by the existing PUD standards. The project exceeds the 32 foot height limit specified In the Snowmass Club PUD for this parcel. Ch WOFnew. mta ewe2kv Blwu/ n9_ F GV I •° i. o. t LrA1 1aad Uwk 1asM Cv-- P SF mob Rtgemtbl Ddl 100% 37 Mx. 2AM 3 ml 15, 396 11 OawO LWU S.F. Slarfea Unh, Beckmnu Sf-. 1 Dad 1 0 14m SR 3 bed a 14e! SF: 3 bed a 54" SF. SOWTmai SF: UmauEn/ nee& INAdhIl A. 3t' 9• 4, 742 2aaglk- 4 7 X596 2 921 1 139 1 3. 656 902/ 41410 W. 37- 4W 6, 733 3a Basement 6 9 2. 172 3 2766 3 0 0 4, 939 1, 211/ 5, 770 BLdhom C 36' 4' S, 569 3 8aomant 5 8 I, a43 2 2, 887 3 0 O 4, 3M 1, 163/ 4, 988 TOUIS 17, 069 1S 7A 5, 231 7 BS71 7 I' M 1 1219M 31076/ 1S, 16B FAR CdUdaUnb TOW SF TOSY MdtlpOer FARE AoAasPob Unlb Untie 12, 924 100% 12, 924 1 T A Deft ER Stars 3, 075 12% 369 3 i 9 Includes Uomp and MechAraol SWragqMechmicai 2, 214 5% 1122 TOW SF 18, 243 13AM W-: WJESFP el SOnb{ AnaNds- Max. AlkwaNeSF 28, 419 SF 13, 406 Based maccnVarlson wfur tot Am EAny 37, 997 MF mrii wNN seemsm be FAR 035: 1 Uea shnow cause Ma41ki8M 37'- lw as the framework for a KOO RegWred ng 32 Min. Slde Yard Selbadk T- 4'• hd k front Yakd Setback 80' MbL Rear YaM Setback 5' hft. w W 95' Su6A is6 91 s. fin n 83%••• Ile Aoxss. BkM. ID' Reflects MMM setback ot eah. Un9 buWrW C tD O Q C E a Eiatg $ •70. 2 Wc On toa Exhibit "N' Planning Commission Resolution No.09-16 m ' Page 4 of 4 ILI — Aar- P o i N C TNai 4 0 g a r W S OM i F Exhibit "B" Planning Commission Resolution No. 09-16 SELECTED PLANS AND DRAWINGS ASPEN SCHOOL DISTRICT EMPLOYEE HOUSING v . CNTAWN PlQvl"pwv= iemeeee.%WM REVM5LW=" i FAIRWAY THREE iW6' __ TOWNHOM awoeac f MDERSON 4 \ RANCH It Iff ff I owl creek AOaa ASD AFFORDABLE HOUSING 5131 OWL CREEK ROAD, SNOWMASS VILLAGE, CO SITE PLAN 9,30.09 o 1 SWW I'.7r r I I 11111111 F .• ;- I / , l1 , / 1111111 \! -. 1 r nI1.Gtu' l ` /' 1 _ I , ,. dJill Jill1' 111till 1 A I // r°fFoS'^s i /JI ' —; ?'rl I I1111 1\ CD I 'I 1 r W I I I / V / r , l it 11 1 III I I xy I I 11 II !I1 i 1 1 1 11 ilk _-A I I j itI 111 'l fll1;1 , I 1 1 a Jim o heJ m D E ASPEN SCHOOL DISTRICT NO.1 EMPLOYEE HOUSING 5131 a CAM ROAD SNOP'11A8B W AGE,COLORMC M116 1 ROOF HEIGHT CALCULATIONS BLDOMftr PRDP08ED WSTMIi EKM7WG w Sao) GRADE GRADE GRADE GRADE Al 8188.10 8153.50 34.80 8155.50 32.80 A2 8182.50 6158.00 24.80 816940 23.60 A3 8174.50 8182.13 52.37 8168A4 10.06 A4 A8187.777 8164.00 2440 8156.00 32.10 AS 8163.50 31.78 8153.70 31AS 81 6168.00 29.77 8151.50 38.27 82 8158:13 33.70 8153.00 38.83 BS 8181).13 33.70 8152.00 37A3 84 8157.77 8153.$8 34.44 1 8160.88 3888 BB 8164.77 8161A8 33.31 8153.80 31.17 69 6164.16 815026 33,91 MUM M 8A 8189.83 8162,60 i7.38 8183.40 36A$ 88 81 80.83 815200 3743 6162.00 37.83 ci 8191-27 8164.50 35.77 8156.06 36.21 C2 . 8180.89 8156.30 31.89 8162.70 1 34.19 C3 8173.33 8167A2 20.91 6151.61 21.82 04 818$:33 616242 32.83 8151.35 3440 co 8188.56, 815682 91:84 81$4:10 8446 _ 06 8101.27 8157.17 34.10 8168.96 34.32 . CT 8185.35 8160.83 34.72 8154.00 31.36 C8 6170.86 8160.83 20.22 8151A7 1928 Exhibit "C" Planning Commission Resolution No.09-16 TOWN DEPARTMENTS AND REFERRAL AGENCY REVIEW COMMENTS ASPEN SCHOOL DISTRICT EMPLOYEE HOUSING 1 MEMO To Chris Conrad Planning Director F mm David Pechter,Transportation Director Dater September 21,2009 Rw Aspen School District Employee Housing As I have noted in the past,the Incremental development In this area gives me concern.My comments an previous applloatlons exposes the same Issue. 1 wish that a comproheneW look st the potential development of the paroels in this area could be determined,so that the transit Wrastrixt re could be planned coODrehensively. The expenaicn of the residential units (the sclux l district application, the proposed expansion of the Fire Department employee housing,and the potential for Anderson ranch to expend housing or redevelop entirely?In the area will put pressure on the bus service to make stops on the opposite skis of Owl Creek road,The demand win be from resldema caning beck for the MWWkm Vmage, the phannaWgrooery store, visiting friends In other employee houskng'unfle, artdror getting access to the ski slopes from Two Creeks portal. The problem is that the Base Village BulldOut Traffic Pro)edlons, Figure 10, pro)ecb the volume on Owl Creak road to reach 4,700 Daily Traffic Volume(DTV), it to a safety recommendation for transit stops to be made off the road once the DTV Is greater then 4,010.We will be asked b male pick ups and drop ifs on the south side of Owl Cask road for the reasons noted above.We wsi be Looking to consoll){ate a stop somewhere akmg the road arnica form the Fire House,or at Meadow Ranh across for Fairway Three. There we bus stops an tho golf rouse side of the road In both locations today. There will be significant demand for stops at both locations because of the different access points and activities served I would recommend Vial sane attempt to react agreement between the users on what would work best for ell panes concerned,and a Cost sharing agreement be proposed to construction the stops that are deemed necessary. Below are quotes from my previous memos an the paddng/pansk Issues for this area June 9,2008.Snowman Chapel Pafking Amendment As I have said before, the three organizations wilec0krely should share their Uwe visions on re)developmem and programming to ensure that the Infrastructure will be adequate to support all the final uses. Future demand for awaits Is a real concern.Just as a now proposed use for the overflow parking lot(the reason for thls amendment to the parking plan)has changed the anent parking ptsr, so to will growth in successful programming and the expanding of facilities will also create additional demands for parking in the future. If the Town had a better understanding of the future development around to paddrp lot it would help the decision mating tremendously.However,arch a process may not be practloal or an element of this land use review.As sham In the Final Planned Unit Development Plan and PUD Gukfe there are roughly 103 parking spaoss proposed,with some 12 additional spaces available along the eastern boundary. I understand than that the total parking on the site will be 115 spaces. Page 1 December 16,1987-Addition of Employee Units at the Firehouse There has been incremental development m this area over the years Anderson Ranch has constantly been adding class rooms and housing units. The commercial buildings adjacent to Anderson Randy have recently been remodeled.The Snowmass Chapel was constructed in the early 1990's and is now expanding. The Fairway III employee housing project was constructed in the early 1990'x.The firehouse expanded their building and housing in the mid 1980'x.In addition to the development at this location,Fox Run subdivision was developed in the mid 1980's, the Two Meeks ski area portal opened in the early 1990'x, and the Two Creek0ines subdivisions where approved in the early 1990'x.All of time developments in and of themselves are not a significant impact to transit services, but I would suggest that collectively they are having an impart. Pape 2 1, HoOsinq,Diept. Memo To:Chris Conrad From: Joe Coffey Date: September22,2009 y Re: Aspen School District Employee Housing Chris, I do have some coricems and recommendations for the Aspen School District Employee Housing.I have listed these below and please feel free to oontect ma H you need more information. The parking ratio appears to be 124 per bedroom or 31 spaces for 25 bedrooms.This will leave six apote for visitors If each bedroom has a oar.My experience with one bedroom units Is that most d the one bedroom unite will have two cars because they ere usually Opted by two people.Snow Storage can also take up a few spot$unless there Is a snow atorage area To prevent overflow par"this parking lot may require additional management time. The plans show 11 storage closets for 15 units.I suggest that the storage closets are reduced In sire or mdesgned to create 15 storage dosela or one for each unit, I am not sure B each unit has a washer and dryer hooker.This will necessary since there Is not a common laundry room. Is the dumpeter shed sized appropriately for both trash and recycling bins? Energy Efficiency I am sure the School District Is probably considering some of the following Mama but I wanted to make sure these Rome are discussed. Use Energy Star raled appliances Dual-flush tollets High of clancy boMere 92%or higher Programmable setbackthermostats Energy star rated light fixtures Solar panels to assist with the hot water heating or domestic hot water supply Photovoltaic panels for reducing electric consumption Heat tapes regulated with Ume clocks loynene Foam insulation or a high R-value insulation for walls,floors and ceilings Sustainability Use of Cement hoard or oomposite board siding and trim Energy efficient doors and windows(Low—E glass) 40 year or greatar Re roofing matefts Recycled carpet and pad Trex or a almuar recycled product for decks and walkways Steel grates and stairs gnarly reduce arrow removal tune Low—Voo palms and flnIshae Page 2 MEMORANDUM SCNr MLR I DOFnON I WEYM TO: Chris Conrad,Town of Snowman Village Dean Gordon,SGM FROM: lee Barger,SGM DATE: September 24,2009 SUBJ:Project#91004E-024 Traffic Review Aspen School District Phase 11 I reviewed Section VI of the Engineering Report for the Aspen School District Phase II redevelopment on Owl Creek Road and have the following comments. 1. I am comfortable with the methodology used for the trip generation calculations. I would have preferred to we existing counts from the site rather than ITE computations for office space,but that will suffice. 2. Summary bullet#1 is a little misleading. The change in use redueea the traffic gonereted by the parcel by 56%, it does not reduce the traffic at the Brush Creek/Owl Creek intersection by S6%as the statement implies. The net reduction in trips at the intersection is 5 trips in the AM and PM peaks. 3. Summary bullets #2 and #3 discuss planned shuttle services to serve school district employees reducing trips,but there is no guarantee that the residents will be employees. Furthermore, each unit may have a roommate/spouse who works claewhere. Can improvements be made to allow safer pedestrian access to die adjacent transit stops on Owl Creek! 4. The parking space requirement appears to be exoeeded by 8 spaces with this project(33 spaces for 25 bedrooms). 5. Although this is an existing site, I would like to check the sight triangles at the access point to be sure that the evergreen and aspen lives lining the north side of Owl Crack Road,west of the site,do not obstruct the views to the west. The site driveway should provide at least 300 feet of clear sight lines to the east and west along Owl Creek Road. 11 S W.6e3treet.Suite 200 Schmueser Gordon Meyer,tae. 970)945.1004 Glenwood Sprinae.CO$1601 970)945-SMS FAX MEMORANDUM DATE: September 21,2009 TO: Chris Conrad,Planner Director oconrad(Mtosv.com FROM: Dean Gordon,Town Engineer Richard Goulding RE: Aspen School District Employee Housing(5131 Owl Crook Road) Please find,herein, my comments on the above-referenced application. The comments are based on the submission,dated August 27,2009,as well as the supplemental Information dated,September 11,2009, At this point, SGM has the following comments with regard to the engineering report,civil sheets C1-C3 and the landscape drawings: Ct: An existing 36'culvert that connects to the Owl Creek's roadside ditch la shown not to,have bend In ft. From obaervations on a field visit this does appear to be the case. The applicant should confirm exactly what is happening within the culvert as it would be used to collect onalte drainage if the current parking lot grading Is W remain. C2: Basin 1 Is draining off tha site towards a neighboring structure that has a depressed patio. This could be a flooding problem. The applicant should consider a way to mitigate this. C2: The contours In Basin 1 on the West side do appear to de back to the existing terrain. A retaining wall Is shown on L-1 but the grading plan should contain all such Information. Spot elevation for all curbs and flatwork should be shown on later submission as well as horizontal control. C2: Is it the Intent of the design to maintain the grades already In the upper parking lot that spills runoff Into the road side ditch? C2: The existing Dffsite ditch along the Eastern property line is very shallow In sections. Since the project is Intending to use this as a conveyance for onske runoff to Brush Creek,I think it would be good practice to calculate the upstream runoff and combine it with what the Aspen School District site will add in order to ensure the ditch In it present condition has sufficient capacity. A failure in this ditch could lead to flooding of the adjacent homes. The drainage report uses a value of 2.17 inchesihoure and 4.35 Inches/hours, respectively,for the rainfall Intensity of 5 and 100 year events. This seems to be quite low. Please confirm where these values where obtained or calculated from. This will Impact the amount of storage required to maintain historical rates of runoff. 111N1N100REWW?•-fpN lCe•OYim1671-09rtmm b•pR•OYOc The drainage report showed the storage capacity required for each basin. Please Indicate, on the site plan,where the runoff is to be stored. The way It Is graded right now, runoff is leaving the site from all basins onto the neighboring properties. C3: Does the applicant have the ability to grant an easement for the new 8'sanitary sewer on the neighboring property? C3: There are no shallow utilities shown in this submission. Please show their location at the next submission. is a geotechnical report going to become available for review to define grading recommendation,ability of soll to percolate water,pavement design recommendations among other Items? Please indicate, on the plans,where the applicant is Intending to store snow plowed from the parking lots. 1.',IC•1W10•IlefWro{•Nybl•NO.44YMi691-0BTlbpb WIYOd•W INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SNOWMASS VILLAGE AND THE ASPEN RE-1 SCHOOL DISTRICT TO ESTABLISH A LAND USE REVIEW PROCESS REGARDING AN EMPLOYEE HOUSING PROJECT PROPOSED BY THE ASPEN RE-1 SCHOOL DISTRICT This INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into this 19th day of October, 2009, (the "Effective Date") by and between the TOWN OF SNOWMASS VILLAGE (the "Town"), a Colorado home rule municipality, and the ASPEN RE-I SCHOOL DISTRICT, (the"School District') (collectively,the"Parties"). The subject of this agreement is an employee housing development (the Project") to be located on property owned by the School District on Owl Creek Road the"Property")within the Town. RECITALS WHEREAS, the Town and the School District are both political subdivisions of the State of Colorado; and WHEREAS, pursuant to C.R.S. § 29-20-105, local governments are authorized and encouraged to cooperate or contract with other units of government; and WHEREAS, the people of the State of Colorado have authorized political subdivisions to cooperate with each other and contract in matters set out in this Agreement through the Colorado Constitution, Article XIV, Section 18(2)(A), Article XX and Article XI, Section 7; and WHEREAS, the Town wishes to ensure compliance insofar as feasible with the adopted plan of the community as reflected in the Snowmass Village Comprehensive Plan and the Snowmass Village Municipal Code, specifically Section 16A-5-300(c), General Restrictions and Section 16A-5-310,Review Standards;and WHEREAS, the Town and School District desire to cooperate with respect to managing the physical growth of the Town of Snowmass Village, identifying and mitigating impacts caused by the Project, and giving its elected officials and citizens the opportunity to read, review,discuss, comment and understand the Project; and WHEREAS,a majority of the electors in the Snowmass Village precincts voted to approve additional School District indebtedness for the purpose of providing affordable housing for District Employees in the School District's bond election in November 2008; and 1 WHEREAS, the School District desires to ensure that the proposed housing for District employees be retained in the School District's inventory as affordable, rental housing for the foreseeable future; and WHEREAS, pursuant to C.R.S. § 22-32-110 and 124,the School District has the authority to acquire land and construct necessary buildings and structures. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements made by the parties as set forth herein, the parties agree and contract as follows: ARTICLE I PURPOSE,SCOPE AND TERM 1.1 Purpose. The purposes of this Agreement are: (1) to provide the framework for a coordinated and expedited land use review process specific to and limited to the development of the Project; (2) to ensure insofar as feasible that the plans and procedures undertaken by the School District are supported by the Town Council,the neighbors and the community; (3) to protect the legal rights of the School District to develop property in an expedient manner; (4) to protect the legal rights of the Town to establish an efficient development review process, provide for participation, protect the quality of life, provide for orderly development of the Town, to implement the Comprehensive Plan insofar as feasible; and (5) to promote the interest of the Town in ensuring that the Project conforms to community development standards insofar as feasible. 1.2 Scope. The terms and provisions of this Agreement shall apply only to the Project. 1.3 Term. The term of this Agreement commences on the Effective Date and shall remain in effect through final completion of the Project, unless terminated by either party in accordance with Section 3.1 of this Agreement. ARTICLE H SUBMITTAL ELEMENTS AND REVIEW PROCESS SUBMITTAL ELEMENTS 2.1 Site Plan and Submittal Elements: The School District shall submit to the Town the site plan as currently provided in C.R.S. § 22-32-124 Additionally,the Town and School District agree that the site plan and project submittal shall include the following elements: 2 a) Name, address, telephone number and power of attorney. The applicant's name, address and telephone number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name,address and phone number. b) Legal description. The legal description and street address, if such exists,of the parcel on which development is proposed. c) Disclosure of ownership. A current certificate from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages,judgments, liens, contracts,easements or agreements of record that affect the property. At the Town's option, the holders or owners of such mortgages, judgments, liens, contracts, easements or agreements of record that affect the property may be required to consent to the application before it is acted upon by the Town. d) Written description. A written description of the proposal and an explanation,in written,graphic or model form. e) Vicinity map. An eight and one-half inch by eleven inch 8%"x 11")vicinity map locating the subject parcel within the Town. f) Development plan which shall include the following: 1. General. The property boundaries of the site,title of the proposed development, date of preparation, bar-type or graphic scale, north arrow (designated as true north) and legal description of the property. 2. Proposed development. The plan shall show the proposed dimensions and locations of all buildings, public and private roadways, existing and proposed utility lines and fire hydrants, service areas, emergency vehicle access areas, parking facilities, pedestrian pathways, trails and use areas, common open areas, public open spaces, public transportation facilities, drainage facilities and detention areas, snow storage/removal areas, trash storage areas and other information necessary to allow detailed review of the project design. Existing and proposed contours shall be shown at two-foot intervals, or less. 3. Topography/Height. The site plan showing both existing topography and proposed grading. Plan shall show both the horizontal and vertical location of driveways, parking areas, walkways, stairs, retaining walls and patios relative to Mean Sea Level Elevation (MSLE). A roof plan showing ridge elevations 3 shall be overlaid on the site plan. MSLE roof ridge heights shall be provided. 4. Surrounding structures. The plan shall depict structures and landmarks within three hundred (300) feet of the site, so as to show the relationship of the proposed development to its surroundings. S. Chart. The preliminary plan shall contain a chart of proposed land uses by acreage, including the percentage of land coverage by each type of use, together with a detailed listing of the following development parameters: a) Dimensions. Proposed square footage and height of buildings. b) Dwelling units. Proposed number of bedrooms; square footage of dwelling units by type of unit; proposed number of dwelling units per acre. c) Floor area. Proposed maximum allowable floor area FAR). d) Parking. Proposed number of parking spaces. e)Open space. Proposed amount of open space. g) Architectural Elevations. Elevations at a vertical scale of not less than one-eighth inch equals one foot ( /8"= 1')or larger of all significant facades of the proposed buildings. Building elevations shall be of sufficient detail to indicate building openings, alternate materials proposed for the roof and exterior of the buildings,decks and other architectural features of the buildings,including chimneys and mechanical areas and features affecting the roof lines of all proposed buildings. h) Architectural Floor plans. Proposed floor plans drawn at a scale of one-eighth inch equals one foot ( /8" = P) or larger of all floors of the proposed buildings showing all living, sleeping, cooking, bathroom, and storage areas. Typical floor plans with a floor layout plan may be substituted. i) Landscaoe plan. A general landscape plan, depicting the type, amount, size, species and location of all plant materials. The plan shall show the location of all existing trees with a trunk circumference of fourteen (14) inches or more measured four and one-half (4%:) feet above the ground and shall indicate which trees are proposed to be removed. Where large groves of trees are to remain undisturbed, single trees need not be'located. 0) Solid waste disposal plan. A proposed solid waste disposal plan, including the anticipated volume (cubic yards)of solid waste that will be generated by the development,proposed trash container size and location of said facilities. k) Water supply and sewage disposal. The applicant shall obtain from the Snowmass Water and Sanitation District a confirmation that,based upon the data submitted for this review, the District be able to provide service for the project as 4 proposed. 1) Clearing_grading and drainage plans. A report identifying plans for clearing,grading and drainage including: 1. Limits of clearing. The location and defined limits of all clearing and/or removal of vegetation cover. 2. Grading plan. Existing and proposed grades at a contour interval of two(2) feet or less,based on field survey controls,including location with proposed grades and elevations for all buildings, roads,walks, storm sewers and other drainage structures and devices, retaining walls and other landscape features. The plan shall provide designs for sediment control devices to be employed, including specifications of how graded areas will be stabilized and re-vegetated after construction is completed. m) Transpottation impact analysis. The TIA report will be based upon the "Snowmass Base Village and Outlying Parcels" Transportation Analysis and Parking Management Strategy report dated March 2004, a copy which was forwarded by the Town Engineer to the School District for use by reference. The applicant shall submit the following information in a manner that reasonably permits the Town to evaluate the impacts of the proposed development: 1. Daily traffic counts. All total daily traffic counts shall be actual machine counts and not based on factored peak hour sampling. All traffic counts will be based upon the "Snowmass Base Village and Outlying Parcels" Transportation Analysis and Parking Management Strategy report dated March 2004. 2. Trip generation rates. The applicant shall use a 5.0 vehicle trips/dwelling generation rate to calculate the development's impact on the Town road network. The Planning Director may, upon request by the applicant, accept different trip generation rates than that, considering whether any special transit features are planned for the development, or if there are unusual land use,occupancy or other features of the development. 3. Existing conditions. The report shall be based upon the Snowmass Base Village and Outlying Parcels" Transportation Analysis and Parking Management Strategy report dated March 2004. 4. Anticipated ridership. A determination of the anticipated public transportation ridership, using data supplied by the Town's Transportation Department for similar projects with the Town. 5. Trip generation and design hour volumes. A summary table shall be provided listing each type of land use, the number of units or the amount of nonresidential square footage involved, the average trip generation for each use (total daily traffic and a.m and p.m. peaks) and the resultant total 5 trips generated. 6. Trip distribution. The direction of approach for site-generated traffic shall be presented in the report. The technical analysis steps, basic methods and assumptions used shall be clearly stated. 7. Trip assignments. Internal trips shall not exceed ten percent 10%)without analytical support to demonstrate how the larger figures were determined. Non-generated passerby traffic reductions in generation volumes may be considered if applicable. 8. Existing and projected traffic volumes. The report shall include the following illustrations: a) Peak hour traffic. Illustrations of current a.m. and p.m. peak hour site traffic(in and out), including turning movements. b) Future peak hour traffic. Illustrations of future am. and p.m. peak hour site traffic (in and out), including turning movements for current conditions and future buildout of the project in comparison with the "Snowmass Base Village and Outlying Parcels" Transportation Analysis and Parking Management Strategy report dated March 2004., c) Not applicable 9. Capacity analysis. The report shall include a comparison of the site in order to identify the incremental impacts to all public street intersections impacted by the proposed development and for the private property identified in the "Snowmass Base Village and Outlying Parcels" Transportation Analysis and Parking Management Strategy report dated March 2004. 10. Conclusions. The report shall contain a clear and concise executive summary, describing the study's findings, including any incremental impact over the current use. If the analysis indicates an incremental impact on the levels of service, a description of possible improvements shall be included in the executive summary. n) Geologic report. A report evaluating geologic and soils conditions, including: 1. Potential geologic hazards. A site specific analysis of the geologic characteristics on, or in the vicinity of, the site that could have a significant impact on the proposed development shall be conducted. It shall be prepared by a geologist or engineer who is qualified to map and evaluate geologic hazards and to assess their potential impacts on the development. It shall discuss any recent activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. It shall also include recommendations as to how the 6 development will avoid or mitigate any dangers posed to life or property from these hazards. 2. Soils study. A study prepared by a qualified professional describing existing surface and sub-surface soil characteristics on the site, and evaluating the suitability of such soils for the planned construction. o) Construction management Plan. A detailed construction management plan describing development phasing, construction schedules and measures for mitigating impacts associated with all aspects of the project. 2.2 Declaration of Covenants. The School District shall, upon approval of this Agreement by both parties, deliver to an escrow agent to be agreed upon by the School District and the Town a fully executed and acknowledged original of the Declaration of Covenants attached as Exhibit "A" hereto. In the event the parties cannot agree upon an escrow agent, the School District will deliver the frilly executed and acknowledged original of the Declaration of Covenants to Stewart Title Company of Aspen, Colorado to act as escrow agent. The parties agree that the escrow agent will be instructed to release the Declaration of Covenants to the School District on a date that is six months from the date that this Agreement is executed by both parties, unless prior to that date the escrow agent receives written notification from the School District that (i) it has received all necessary permits and approvals for the Project from the State of Colorado, in which case the escrow agent will release the Declaration of Covenants to the Town for recording; or(ii) the State has failed or refused to grant approval for the Project in which case the Declaration of Covenants will be released to the School District and shall have no further force or effect. REVIEW PROCESS 2.3 Public Notification. A notice and display ad will be published in the Snowmass Sun the cost of which will be shared equally by the Town and the School District, generally describing the development proposal and providing a meeting schedule. The notice and display ad will run in the editions published October 14,21,and 28, 2009. 2.4 Planning Commission. Provided the submittal elements contained herein are timely satisfied, on October 21, 2009, the Planning Commission will review the School District's submittal package, hear testimony and provide comments and direction to Town staff regarding their recommendations and concerns. The Town staff agrees to provide a written summary of the Planning Commission's comments or a copy of any Resolution adopted by the Planning Commission to the School District by October 23, 2009. 2.5 Planning Commission Report to Town Council. The Planning Commission will transmit a written summary of the Planning Commission's comments or a copy of any Resolution adopted by the Planning Commission to the Town Council for 7 consideration by the Town Council during the October 26, 2009 Town Council meeting. The Town Council will then conduct a hearing to hear testimony and review the development submittal. A resolution may be adopted by the Town Council to adopt any findings and make recommendations. The Town Council may continue the review to the Town Council meeting on November 2, 2009 to further hear testimony, resolve any requests for additional information and adopt a resolution. Any duly adopted resolution of the Town Council, regardless of the date adopted, will be provided to the School District no later than November 10, 2009. 2.6 Joint Meeting of the Town Council and the School District Board. The Town Council and the School District Board shall meet on November 16, 2009 as part of the regularly scheduled Town Council meeting to discuss any findings or recommendations contained in the resolution of the Town Council that the School District has given written notice to the Town that the School District will not incorporate into the project in an effort to resolve such issues; provided, however, that such informal discussions shall not modify or extend the time periods or procedures established by C.R.S. 22-32-124. In the event all the comments and recommendations contained in the resolution of the Town Council will be incorporated into the Project, the School District shall give written notice advising the Town accordingly and the Joint Meeting shall be cancelled. ARTICLE III MISCELLANEOUS PROVISIONS 3.1 Termination. This Agreement may be terminated by either party for any material breach that has not been cured as provided herein. The party alleged to be in breach of the Agreement shall first be given a reasonable opportunity to cure the breach after receiving notice stating the substance of the breach from the other party. For purposes of this section, reasonable opportunity to cure shall mean cure within fifteen 15)days of the effective date of such notice. 3.2 Amendments. This Agreement may be amended only by mutual agreement of the parties and shall be evidenced by a written instrument authorized and executed with the same formality as accorded this Agreement. 3.3 Notices. Any notice required by this Agreement shall be in writing. If such notice is hand delivered or personally served, it shall be effective immediately upon such delivery or service. 3.4 Governing Law. This Agreement and the rights and obligations of the parties hereto shall be interpreted and construed in accordance with the laws of the State of Colorado. 3.5. Severability. If this Agreement, or any portion of it, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be 8 deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the Agreement. 3.6 No Implied Representations. No representations, warranties, or certifications, express or implied, shall exist as between the parties, except as specifically stated in this Agreement 3.7 No Third Party Beneficiaries. None of the terms conditions, or covenants in this Agreement shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Any person other than the Town or the School District receiving services or benefits under this Agreement shall be only an incidental beneficiary. 3.8 Integratedted Agreement and Amendments. This Agreement is an integration of the entire understanding of the parties with respect to the matters stated herein. 3.9 Approvals. Each party represents and warrants to the other that this Agreement has been duly approved in accordance with the law and the applicable procedures of each party, and that no further action is necessary to make this Agreement binding upon them. The persons whose signatures appear below are the duly authorized representatives of each party, empowered to bind their respective parties to the terms hereof. 3.10 Supremacy. Neither the Town nor the School District concedes supervening authority of the other over any matter. The Town acknowledges the existence of C.R.S. § 22-32-110(1)(b) and 124 and that the proposed project will be located within the territorial limits of the School District. The School District acknowledges that the Town is a Colorado home rule municipality, the existence of the Snowmass Village Municipal Code and the proposed project will be located within the territorial limits of the Town. 3.11 Covenant Not to Sue. Both parties agree that by entering into this Agreement and so long as this Agreement is in effect, neither party will commence litigation or other adversarial proceedings against the other concerning the Project. 3.12 Time Limits. Except for provisions in Section 2.1 related to notice or otherwise required by statute, any failure of either party to give notice or take action within the time limits specified herein shall not affect that party's right to undertake. whatever action it is otherwise authorized by law to take. 3.13 Utili!y Costs. The School District shall be responsible for payment of applicable utility fees and charges associated with the construction or expansion of new residential buildings. 3.14 Review Fees. The School District shall not be required to pay, directly or indirectly, any of the other usual Town fees for plan processing,plan review, plat review, 9 plat application, annexation application or processing, building permit, service expansion fees or any Town tax on building materials incorporated into construction projects, excepting the School District shall be responsible for fees charged by consultants not employed by the Town but rather engaged by the Town for this specific land use review process in an amount not to exceed$2,500.00. 3.15 Dispute Resolution. In the event any dispute arises between the parties concerning the interpretation, implementation or application of this Agreement that cannot be resolved between the School District's Land Use Planner and the Town's Director of Planning or designee, either party may then submit such dispute to the Superintendent of the School District and Town Manager. This dispute resolution process shall not suspend or otherwise affect the other time lines in this Agreement or as provided by law nor be a condition precedent to either party timely exercising any rights. EFFECTIVE AS OF THE DAY AND YEAR FIRST WRITTEN ABOVE. ASPEN RE-1 SCHOOL DISTRICT ASPEN,COLORADO By: C6a Charla Beliaski President,Board of Education ATTE T: I:alunp. Kornasiewicz Secretary,Board of Education TOWN OF SNOWMASS VILLAGE,COLORADO By: Russel W. Fo st,fown anager 10 A G Rhonda B. Coxon,Town Clerk AP RAS 0 FORM: v John C. Dresser,Jr.,Town Atto 4651.355"BP.v. 1 11 DECLARATION OF COVENANTS THIS DECLARATION OF COVENANTS is made by the Aspen RE-1 School District, a Colorado school district, whose address is 0235 High School Road, Aspen, Colorado 81611, hereinafter referred to as the "Declarant" for the benefit of the Town of Snowmass Village, a Colorado home rule municipal corporation, whose address is Post Office Box 5010, Snowmass Village, Colorado 81615, hereinafter referred to as the Town." WITNESSETH: WHEREAS, Declarant is the owner of certain real property situate in the Town of Snowmass Village, County of Pitkin, State of Colorado, to wit: See Legal Description in Exhibit"A"which is attached hereto and made a part hereof commonly referred to as 5131 Owl Creek Road, Snowmass Village, Colorado 81615, and hereinafter referred to as the "Property"; and WHEREAS, a residential housing project, hereinafter the "Project", is proposed to be located and constructed on the Property; and WHEREAS, it is the desire of the Declarant to preserve its flexibility in the management of its assets in compliance with its fiduciary duty to the taxpayers of the School District; and WHEREAS, the Declarant desires to maintain its ability to use best management practices and sound judgment in the management of the Project; and WHEREAS, the Declarant desires to encumber the Property with restrictive covenants for the benefit of the Town on the terms and conditions as hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, Declarant hereby declares, restricts and encumbers the Property by the establishment of the following restrictive covenants that will run with the land for the benefit of the Town, in perpetuity, restricting the use and enjoyment of the Property, as follows: 1. Ownership of Property. For so long as the Property is owned in fee simple by the Declarant, the Declarant may use the Property for any school district purpose permitted by Colorado law, specifically including, but not limited to, providing housing for Declarant's teachers and other employees, either as rental units, or as individually owned condominium units, subject to deed restrictions between the Declarant and such individual condominium unit owner, as described below. Such deed restrictions may not be released by the Declarant without the written consent of the Town. If such written consent is not given by the Town, any subsequent conveyance, transfer or sale of an individually owned 1 condominium unit must proceed pursuant to Section 2(b) of this Declaration of Covenants. 2. Conveyance of Property. In the event Declarant determines, pursuant to its fiduciary duty, best management practice and/or sound judgment, to convey, transfer, sell or otherwise dispose (which shall include long-term lease defined as longer than 3 years) of the Property or of individual condominium units on the Property, the Declarant shall comply with the following restrictive covenants prior to such conveyance, transfer, sale or other disposition of the Property: a) In the event the individual condominium units on the Property are to be conveyed, transferred, sold or otherwise disposed to a teacher or other employee of the Declarant, prior to such conveyance, transfer, sale or other disposition, Declarant shall further restrict the individual condominium unit, by recording a deed restriction or covenant that runs with the land for the benefit of the Declarant with the Clerk and Recorder of Pitkin County, Colorado and burdening the individual condominium unit to such a grantee, that such grantee may only convey, transfer, sell, lease or otherwise dispose of the individual condominium unit to the Declarant, to another teacher or to another employee of Declarant, in the Declarant's discretion. Such deed restriction or covenant that runs with the land, once recorded, may not be released by the Declarant without the written consent of the Town. If such written consent is not given by the Town, any subsequent conveyance, transfer or sale of an individual condominium unit must proceed pursuant to Section 2(b) of this Declaration of Covenants. Further, Declarant may reserve unto itself a right of first refusal to purchase the individual condominium unit from such a grantee in the event such a grantee desires to sell the same. Declarant may, but shall not be obligated to grant a secondary right of first refusal to purchase the individual condominium unit to the Town. Declarant may encumber the Property in any other manner consistent with its fiduciary duty, best management practice and/or sound judgment, so long as such encumbrance is not inconsistent with any restrictive covenants contained herein. b) The Property, or any individual condominium units, may be conveyed, transferred, sold or otherwise disposed to a third party grantee that is unaffiliated with or unrelated to Declarant provided that either: i) prior to any such conveyance, transfer, sale or other disposition of the Property or any individual condominium units, the Declarant further encumbers the Property or such individual condominium units by recording a deed restriction or covenant that runs with the land for the benefit of the Town with the Clerk and 2 Recorder of Pitkin County, Colorado, burdening the Property or such individual condominium units to such a third party grantee in a manner that such a third party grantee may only use, convey, transfer, sell, lease or otherwise dispose of the Property or such individual condominium units to or by a qualified applicant for affordable housing, as such qualifications are then in place by either the Aspen/Pitkin County Housing Authority or the Town of Snowmass Village Affordable Housing rules and regulations and such qualified applicant is employed within the territorial limits of the Aspen RE-1 School District; or, e ii) such a third party grantee shall not acquire the right to occupy the Property or any individual condominium units, and shall, prior to occupancy of the same, comply with the then current Snowmass Village Municipal Code requirements and land use approvals required by the Town for the then current use or any proposed use of the Property. 3. Covenant to Run with the Land. These covenants shall run with the land and be binding upon Declarant and its successors, transferees and assigns. The covenant shall also be binding upon and inure to the benefit of the Town and be a burden upon the Property. 4. Duration. Each provision contained in these Covenants which is subject to the laws and rules sometimes referred to as the rule against perpetuities or the rule prohibiting unreasonable restraints on alienation shall continue and remain in full force and effect for the period of twenty-one (21) years following the death of the survivor of Samuel J. Dresser and the now living children of said person or until this Agreement is terminated as hereinafter provided, whichever first occurs 5. Modification or Amendment This Declaration may not be amended or modified by the Declarant without the prior written consent of Town or its successors in interest. SIGNATURE and ACKNOWLEDGMENT PAGE FOLLOWS IN WITNESS WHEREOF, Declarant has executed this Declaration of Covenants on October 2009. 3 ASPEN RE-1 SCHOOL DISTRICT By:6A`n'4A Charla Belinski, President of the Board of Education for the Aspen REA School District ATTEST: a ra J. I a iewicz, Secrets of the Bo of Education for th Aspen RE-1 School District ACKNOWLEDGMENT STATE OF COLORADO } ss: COUNTY OF PITKIN The foregoing Declaration of Covenants was executed and acknowledged before me by Charla Belinski, as President of the Board of Education for the Aspen RE-1 School District and attested to by Laura J. Kornasiewicz, Secretary of the Board of Education for the Aspen RE-1 School District on the day of October, 2009. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC My commission expires: 4 MEMORANDUM TO: Snowmass Village Town Council FROM: David Peckler Transportation Director DATE: November 16, 2009 SUBJECT: Resolution No. 22, Series of 2009 — Approving the 5311 grant agreement between the TOSV and the Colorado Department of Transportation (CDOT) for a Section 5311 — Administrative, Operating and Capital grant to support transit service on the Village Shuttle's routes 3 and 8. I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Council's adoption of this resolution accepts the terms of the grant agreement of our contract with CDOT, see attached Final Draft of Exhibit A. The agreement is for our Federal Transit Administration (FTA) - Section 5311 grant that supports operating year- round transit service on Village Shuttle - Route 3 (Mall to Snowmass Club) and Route 8 Mall to Town Park). The agreement requires the Town to obligate $141,250.00 in local funds to cover our portion of the service. The Town must also comply with FTA guidelines relative to the activities covered by the grant, know as the Certifications and Assurances (2010 Certifications and Assurances to be approved by Resolution 21, Series of 2009). II.BACKGROUND: The Town has been receiving a FTA - Section 5311 grant administered through the CDOT since 2004. The grant continues to provide financial support for: Year-round transit service on Village Shuttle - Route 3: to support employee- housing units along Brush Creek Rd, Owl Creek Rd and Snowmass Club Circle; and Year round transit service on Village Shuttle — Route 8: to support employee- housing units on Brush Creek Rd and Horse Ranch Dr and provide access to the Public Recreation Facility (Town Park); and Capital purchase of transit vehicle. The grant application is a biannual application covering 2010 and 2011. The award for 2010 is approved through exercising the agreement contract. The grant covers: 1. Administrative grant for $42,500 (FTA $34,000 and Local Match $8,500); and 2. Operating grant for $300,000 (FTA $150,000 and Local Match $150,000); and 3. Capital grant for the purchase of a transit vehicle for $297,500 (FTA $238,000 and Local Match $59,500). A requirement of the grant agreement with CDOT is that the Town obligates the Local Match, which will be $218,000. Exhibit A of the contract covers the specifics regarding the funding, obligations and service descriptions for the grant, which is attached for your review. III. APPLICABLE REGULATIONS The contract includes by reference the Certifications and Assurances, a list of FTA guidelines relative to the activities of a grantee. The Certifications and Assurances were approved in 2009 by Council through Resolution 38, series of 2008. Staff has been working over the years to maintain compliance with the Certifications and Assurances. A Resolution assuring compliance with the 2010 Certifications and Assurances will need to be approved by Council (Resolution 21, Series of 2009) for both the 5311 Administration, Operating and Capital grant for rolling stock) and 5309 (Capital grant for rolling stock). The details of the Certifications and Assurances can be found at http://www.fta.dot.gov/documents/2010-Certs-Appendix_A.pdf. There should be no significant impact to the Town. IV. DISCUSION ITEMS / NEXT STEPS A. Approve the Contract. B. Decline to enter into the Contract. V. NEXT STEPS / MAJOR MILESTONES NA VI. ACTION REQUESTED OF COUNCIL Approve the Contract. SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 22 SERIES OF 2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO APPROVING THE 5311 GRANT AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT, FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NON-URBANIZED AREAS. WHEREAS, the Town of Snowmass Village (TOSV) has the power to enter into agreements With the State of Colorado; and, WHEREAS, the State of Colorado, State Department of Transportation, Division of Transportation Development (CDOT), has obtained certain unencumbered Federal funds for the provision of public transportation in non urbanized areas for 2010; and, WHEREAS, the CDOT is responsible for the disbursement of these funds; and, WHEREAS, the TOSV is desirous of obtaining said funds for the provision of public transportation services to residents of TOSV, and has filed an application with the CDOT for the purpose; and, WHEREAS, the CDOT has proposed an intergovernmental agreement with the TOSV to provide funds for such services; and, WHEREAS, the TOSV desires to accept the funds for such services pursuant to the conditions of the agreement; and, WHEREAS, the TOSV desires to work together with the CDOT to effect said services as provided in the agreement. WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, Section One: The Town of Snowmass Village hereby authorizes the Mayor to approve the grant contract between the Town of Snowmass Village and the State Department of Transportation, upon review and agreement to the terms and conditions stated therein, and authorizes its mayor to sign said contract. 03-45 RESO. Page 2 of 2 Section Two: The Town of Snowmass Village hereby obligates the local fund share of$218,000, as required by Exhibit A. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on the 16th of November 2009 upon a motion made by Council Member the second of Council Member and upon a vote of_in favor and _ opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor APPROVED AS TO FORM John Dresser, Town Attorney ATTEST: Rhonda Coxon, Town Clerk z EXHIBIT A SCOPE OF WORK AND CONDITIONS TOWN OF SNOWMASS VILLAGE A. Standards of Performance I.The Grantee will provide a minimum of 745,950 one-way passenger trips per year, at a maximum operating and administrative cost of$4.03 per one-way passenger trip,a maximum cost of$7.67 per mile and a maximum cost of$86.65 per vehicle hour. Standards of performance will be measured, reported and averaged at least quarterly. Measurement of these standards will commence with the presentation of the Grantee's first monthly report and request for reimbursement. 2.Performance will be reviewed quarterly. The State will begin its review no later than 30 calendar days after each performance quarter. If the State's review determines the Grantee's performance does not meet the standards of performance set forth above in paragraph A.1., the following steps will be taken: a. The State will notify the Grantee in writing that performance does not meet the requirements of this Agreement. b. Thirty(30)calendar days after date of such notification, the Grantee will submit to the State a written explanation of the cause(s)of the substandard performance, which shall include a written plan for improving performance. c. The State will review the plan for improvement and notify the Grantee of its approval within 21 days. d. If the plan is approved by the Department, the Grantee will implement the plan immediately upon receipt of the State's notification. If the plan is not approved by the Department remedial measures will be determined on a case by case basis. Such remedial measures may include termination of this Agreement and return of the grant funds or capital equipment purchased with such funds, in accordance with the terms of Section 8. B. Project Budget 1.The not Project cost is estimated to be and shall be shared as follows: Administrative Costs Operating Costs CO-18-5029.SNOW) CO-18-4029.SNOW) Federal Share (80%) $33,350 50%) $154,100 Local Share (20%) $ 8,338 50%) $154,100 TOTAL 41,688 308,200 2.The Project Cost shall not exceed the maximum allowable cost of$349,888. The State will pay no more than 80%of the eligible, actual administrative costs up to the maximum federal amount of 33,350, respectively, and no more than 50%of the eligible, actual operating costs up to the maximum federal amount of$154,100. The Grantee shall be solely responsible for all costs incurred in the Project in excess of the amount paid by the State from federal funds for the federal share of eligible, actual costs. In the event the final, actual Project cost is less than the maximum allowable cost of$349M8, the State is not obligated to provide any more than 80% of the eligible, actual administrative costs nor any more than 50%of the eligible, actual operating costs and shall retain the remaining balance of the federal share. 3.Up to one half of the Grantee's share for administrative and operating expenses may be provided from unrestricted federal funds. At least one half must be from sources other than federal funds. The 18 Grantee's Share, together with the Federal share, shall be in an amount sufficient to assure payment of the net Project cost. The State shall have no obligation to provide State funds for use on this Project. The State will administer federal funds for this Project under the terms of this Agreement, provided that the federal share of FTA funds to be administered by the State are made available and remain available. In no event shall the State have any obligation to provide State funds or provide federal FTA funds for the Grantee's share of the Project. The Grantee shall initiate and prosecute to completion all actions necessary to enable the Grantee to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. 4.No refund or reduction of the amount of the Grantee's Share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. 5.Federal funds shall not reimburse the Grantee for expenses not incurred in cash(e.g., donated or in-kind goods and services), though such expenses may be used as the Grantee's share. No more than 20 percent of Project administrative expenses and no more than 50 percent of Project operating expenses may be attributed to non-cash, donated, or in-kind expenses. C. Reimbursement eligibility Requests for reimbursement for project costs will be paid to the Grantee upon presentation of invoice(s) to the State for eligible costs incurred through December 31, 2011 and within the limits of Section 2 of this Agreement. The Grantee must request reimbursement monthly, and will be reimbursed based on the ratio of Federal Share and Local Share set forth in Project Budget above. However, if the Grantee is designated by the State as a"High Risk Grantee,"as set forth in its State Management Plan, the State reserves the right to limit its reimbursement to the Grantee in any given month to 10% of the total grant award in order to ensure that Project services could be provided throughout the year in the event the Grantee encounters financial instability. The final invoice shall be submitted no later than sixty (60) days after the above date. D. Contract Expiration The Agreement shall expire when the capital equipment no longer has a federal interest, as determined by the State. If no capital equipment is obtained,the contract shall expire upon final reimbursement by the State, within the limits of Section C. above. E.Project Description The Grantee shall perform all Project activities described in Sections A, B, and C, in the application submitted to the State on May 18, 2009 and as specifically described below. The application is incorporated herein by reference to the extent consistent with this Agreement. Grant Recipient(Grantee) Route 3 service will run 365 days at 12 hours/day from 6:50 am to 6:50 pm, running opposite of Route 8. Route 8 serivice will run 138 days in the winter and 95 days in the summer at 12 hours/day from 7:05 am to 7:05 pm. In the spring and fall the service will be three hours of Demand Responsive service. Route 3 will run from the Village Mall to the Snowmass Center(offices&grocery), continue on to travel down Owl Creek Rd to cover employee housing units,Two Creeks ski area portal,and continuing on to multi-family units on Snowmass Club Circle. Route 8 will run from the Village Mall to the Snowmass Center(offices& grocery), continuing on down Brush Creek Rd,deviating into Melton subdivision upon request, to the Town Park& Ride,recreation center and park,and up to the Crossing employee housing units. 19 Route 8 service will provide three hours of Demand Responsive service dedicated to Route 8 to run 132 days during the spring and fall off-seasons. It will cover the Town Park recreation center,the park&ride lot and employee housing/multi-family units along Brush Creek Rd and Melton subdivision. Section 5311 Project Section 5311 funds will support Village Shuttle providing twelve(12)hours of service/seven(7)day a week service on Route 3 and Route 8 year round. Route 3 will be fixed route bus service originating from West Village Mall, traveling to Snowmass Center and the Two Creeks portal to the ski area, primarily. In winter and summer seasons, fixed route service along Route 3 will be expanded to seventeen and a half(17.5) hours of service and thirteen (13) hours of service, respectively. In winter three (3) buses will run 45 minute loops on Route 3 to provide 15 minute headways and in summer one bus will provide 30 minute loops to provide 30 minute headways. Fixed route service will operate from 6:30 AM until 11:15 PM; demand responsive service will operate from 11:50 PM until 12:45 AM. Late Night service will be provided by the cab company via contract service from 1:00 AM until 2:00 AM. In the spring and fall seasons, fixed route service will operate from 6:50 AM to5:50 PM, with demand response service to be operated from 5:50 pm to 2:00 AM. In summer, fixed route service will be provided from 6:50 AM to 7:50 PM, with demand response service from 7:50PM to 12:15 AM. Route 8 will be fixed route bus service originating from West Village Mall,traveling to Snowmass Center and down to the new Transit Facility, primarily. Deviated fixed route service will be provided to single family residences along Brush Creek Road. Demand response service will be provided up Horse Ranch Drive to The Crossings, an employee housing complex, and to Colt Circle when possible. Fixed route service along Route 8 will be supply sixteen (16)hours of service in the winter and twelve and a half 12.5)hours of service in the summer. In the winter and summer one bus will run 30 minute loops on Route 8 to provide 30 minute headways. Fixed route service will operate in the winter from 7:05 AM to 11:05 PM, with demand responsive service provided from 11:05 PM to 12:45 AM; and in the summer fixed route service will operate from 7:05 AM to 7:35 PM, with demand responsive service provided from 7:35 PM to 12:15 AM. In the spring and fall demand responsive service will be provided from 7:00 AM until 1:45 to all the service areas referenced in the fixed route, deviated fixed route and demand responsive service areas. This grant is expected to support Village Shuttle offering approximately 7,572 annual service hour and 103,740 annual route miles for calendar years 2010/2011 (January 1 — December 31), as proposed in the application. F. Special Conditions of the Project I.The Grantee will advertise its fixed route and/or rural based service as available to the general public and service will not be explicitly limited by trip purpose or client type. 2.The Grantee will provide comparable transportation services to persons with disabilities according to the Americans with Disabilities Act of 1990. 3.The Grantee will comply with the Federal Transit Administration Drug and Alcohol Regulations. 4.Any costs reimbursed to the Grantee from other grant programs funds may not be listed as a cost to be shared by FTA on a reimbursement request(i.e., no double billing). 20 5.The Grantee shall maintain and report annually through submission of an annual report all information required by the National Transit Database and any other financial, fleet, service data set forth by the State for the purpose of annual reporting required of the State. 6.If the Grantee is unable to perform the activities described under paragraph E., Project Description of this section or must significantly change its level of service described herein, the Grantee shall notify the State in writing. 7.The Grantee must have State approval if FTA funds are to be used for payment of a lease or third- party contracts. 8.The Grantee shall not purchase, issue a purchase order,or lease capital equipment before the contract with the State has been executed. G. Safety Data The Grantee shall maintain and submit, as requested, data related to bus safety. This may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by the State; the number and extent of passenger injuries or claims; and, the number and extent of employee accidents, injuries and incidents. H. Trainine In an effort to enhance transit safety, the grantee shall make a good faith effort to ensure that appropriate training of agency personnel is occurring and that personnel are update in appropriate certifications. In particular,the grantee shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and elderly and disabled persons. 21 MEMORANDUM TO: Snowmass Village Town Council FROM: David Peckler Transportation Director DATE: November 16, 2009 SUBJECT: Resolution #21, Series of 2009 Approving 2010 FTA 5309 & 5311 Grants Certifications and Assurances I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff requests Council's approval of the Federal Transit Administration's Master Agreement which includes in Appendix A the list of Certifications and Assurances that are requirements to accept 5309 (Capital) and 5311 (Administration, Operating and Capital) grants from the Federal Transit Administration (FTA) for 2010. Resolution #21, Series of 2009 accepts the terms of the Federal Master Agreement for grant funding for our projects, and authorizes the Transportation Director to certify the affirmation of the annual Certifications and Assurances for these projects. 11.BACKGROUND: This resolution approves the Town accepting financial assistance from the FTA for the purchase of transit vehicles (under Sections 5309 and 5311), and acceptance Administration and Operating assistance (under Section 5311) in 2010. The Master Agreement between the Town and the FTA contains a number of Certifications and Assurances that apply to the use of Federal funding for the purchase of a transit vehicle, and the administration and operation of transit services. The Certifications and Assurances cover a number of issues, most notably: 1. Authority and Ability to Enter Into an Agreement with the FTA; and 2. Lobbying Compliance; and 3. Procurement Compliance; and 4. Protections for Private Transportation Providers; and 5. Public Hearing; and 6. Acquisition of Rolling Stock Guidelines; and 7. Charter Service Agreement; and 8. School Transportation Agreement; and 9. Americans With Disabilities Act; and 10. Alcohol Misuse and Prohibited Drug Use;and 11. Title VI Civil Rights Act; and 12. Labor Standards. To review the: Master Agreement, go to httl2://www.fla.dot.gov/documents/16-Master.pdf Appendix A, go to http://www.fta.dot.-gov/documents/2010-Certs-Appendix A.pdf Ill. APPLICABLE REGULATIONS The regulations covered by the Master Agreement that are standard to a Federal contract. IV. DISCUSION ITEMS / NEXT STEPS NA V. NEXT STEPS / MAJOR MILESTONES NA VI. ACTION REQUESTED OF COUNCIL Approve Resolution 21, Series of 2009. SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 21 SERIES OF 2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Town of Snowmass Village (TOSV) has the power to enter into agreements with the Federal Transit Administration; and, WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for transportation projects; and, WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon the TOSV, and may require the TOSV to provide the local share of the projects costs; and, WHEREAS, the TOSV has or will provide all annual Certifications and Assurances to the Federal Transit Administration required for the projects, and, WHEREAS, the TOSV is desirous of obtaining said funds for the purchase of transit vehicles and/or the administration and operation of transportation projects, and has filed an application with the Federal Transit Administration (FTA) and through the Colorado Department of Transportation (CDOT) for the purchase of transit vehicles and/or the funding for administration and operation of transportation projects, and, WHEREAS, the TOSV desires to accept the funds for such projects pursuant to the conditions of the Master Agreement, and the Certifications and Assurances in Appendix A of that agreement, and, WHEREAS, the TOSV desires to work together with the FTA and CDOT to effect said projects as provided in the agreement, and, WHEREAS, the TOSV finds that the adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. 03-45 RESO. Page 2 of 3 NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, 1. That the Transportation Director is authorized to execute and file an application for, and administer, grants for Federal assistance on behalf of the TOSV with the Federal Transit Administration and the Colorado Department of Transportation for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. 2. That the TOSV agrees to the conditions of the Master Agreement as they pertain to these projects, and the Certifications and Assurances that the FTA requires for the assistance agreements, and authorizes the Transportation Director to certify the Certifications and Assurances to the FTA through their web site. CERTIFICATION READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on the 16th of November 2010 upon a motion made by Council Member the second of Council Member and upon a vote of_in favor and _ opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor APPROVED AS TO FORM John Dresser, Town Attorney ATTEST: 2 03-45 RESO. Page 3 of 3 Rhonda Coxon, Town Clerk 3 MEMORANDUM TO: Snowmass Village Town Council FROM: Mark Kittle, Building Department DATE: November 2, 2009 SUBJECT: Ordinance# 20, Series of 2009 amending the Municipal Code Chapter 18,specifically adopting the 2009 Series of International Codes. I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance#20 II SUMMARY OF ORDINANCE# 20, SERIES OF 2009 To update the Municipal Code from 2003 Series of Codes to the 2009 Series 2009 International Existing Building Code(IEBC) 2009 International Building Code (IBC) 2008 National Electrical Code (NEC) 2009 International Mechanical Code (IMC) 2009 International Plumbing Code (IPC) 2009 international Fire Code (IFC) 2009 International Fuel Gas Code (IFGC) 2009 International Energy Conservation Code (IECC) 2009 International Residential Code (IRC) III BACKGROUND Building Codes were last updated in November of 2003. Building Codes are changed every three years. The 2006 Series of codes were not adopted. IV DISCUSSION ITEMS New fire sprinkler provisions. a. All multi-family townhome structures shall be sprinklered. b. Effective January 1, 2011 all one and two-family dwellings shall have fire sprinklers installed regardless of size. V STAFF RECOMMENDATIONS To approve the Ordinance as written. To approve the Ordinance with amendments for Fire Sprinklers. VI NEXT STEPS Set Public Hearing and approve Ordinance at 1st Reading with or without amendments. Continue Public Hearing and approve Ordinance at 2nd reading. Codify Municipal Code. 1 2 3 TOWN OF SNOWMASS VILLAGE 4 5 Ordinance No. 20 6 Series of 2009 7 8 AN ORDINANCE TO UPDATE CHAPTER 18 OF THE T N OF SNOWMASS 9 VILLAGE MUNICIPAL CODE TO INCLUDE THE A N OF THE 2009 10 SERIES OF "I"CODES AS PUBLISHED BY THE i RNATIONAL CODE 11 COUNCIL. 12 13 WHEREAS, the Town of Snowmass Village has thority to i ent regulations 14 for new and existing construction within the Ii ' of the Town, and 15 16 WHEREAS, it is imperative that the Town re cu ith prevail] g codes and 17 regulations as they exist in other areas of the country, 18 19 WHEREAS, citizens of the Town d he most cu a lations and provisions 20 for fire and life safety as it relates to but i o uction, a 21 22 WHEREAS, the Buildi de Board o eals o wmass Village has reviewed, 23 modified and approve es contain herein as a new Building Regulations for 24 the Town of Snow • Villag id 25 26 WHEREAS, the "Town th option of this Ordinance is necessary for 27 the immed'at - e ation a pu ea , safety and welfare. 28 29 NO EREFOR IT KINED BY THE TOWN COUNCIL OF THE 30 TO NOWMA ILL E, as follows: 31 32 Section On mend nts to Chapter 18. The provisions of Chapter 18 of the 33 Municipal Code ere amended and restated as follows: 34 35 ARTICLE - I eneral Provisions 36 37 Section 18-9 The International Existing Building Code, 2403 2009 Edition, published by 38 the International Code Council, 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 39 22041-3401, in particular Chapters 1 through 14, inclusive, is hereby adopted by 40 reference as the Existing Building Code for the Town, with the following amendments: 41 42 1) In Section 101.1, Title, insert "Town of Snowmass Village". 43 44 2) In Section 1201.2, Applicability, insert "November,2493 2009". t_ I 1` 45 ARTICLE - III Building Code 46 47 Section 18-41 Adoption 48 49 The International Building Code, 2993 2009 Edition, published by the International Code 50 Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, and in 51 particular Chapters 1 through 35, inclusive, and Appendix Chapters B, T A, B. 52 C, F, G, I. J, K inclusive, is hereby adopted as the Building Code for the Town. 53 54 Section 18-42 Amendments 55 56 q) Seetion 1608.1.1, Snow Lead f0F the TE)WH Of is added, to 57 read as feller 58 7117sion., _1 ]()ads fi'll or591608.1.1 Snow Lead for the 60 unbalanced, shall be eensidefed to be squaFe 61 62 63 FPN (Snow loads are now determined in ac nce with Chapter 7 of ASCII, 7) 64 65 Section 1609.3 Basic Wind S amended as s: 66 67 1609.3 Basic Wind Speed. The ini w speed for any site within 68 the limits of the Town sh a minimum .f seventy-six (76) miles per 69 hour fastest mile or ni ty (90) es per hour three-second gust. 70 Exposure Type B s 11 be use these calcu ions." 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 2 86 ARTICLE - IV Electrical Code 87 88 Section 18-61 Adoption 89 90 The Town Council has adopted, by reference thereto, the National Electrical Code, 2OW 91 2008 Edition, published by the National Fire Protection Association, Batterymarch Park, 92 Massachusetts 02269, subject to the amendments herein. 93 94 Section 18-62 Amendments 95 96 to read a 97 98 99 100 l ateries within the o .. 101 102 d) Seetion 210.8(8)4 is added, te 103 104 210.9(B)4. plumbingFixttifes. GrOund V- eteefien shall be provided 105 106 l ateF;,,.. . .;,hin t , same Feefft." 107 108 c) Section 210.52(G)l 3 is ad de to re OWSY 109 110 210.52(G)-- 3 oducing an• Electrica eating Devices. Installation of 111 all spark-producin d ices a lectrical h ing devices in residential garages, repair 112 shops or any are hea than air fl able vapors may be present shall be 113 installed a minimum of es ve the finished floor. In instances where 114 the Electri ore fictive, de shall prevail." 115 116 117 118 119 120 NMI 121 122 3 3 8.1 G) B)4 T--,-t-'P- R__R eable shall not be installed exposed in other than eFawl 123 124 125 340.12(9) is revised, to fe,a as felle..,, . 126 127 310.12(9). Where exposed in other than ..,,;.. , erawl spaee afeas." 128 129 rn Seet:,.., 310.14(x) is added to read as f flews. 130 3 131 340.14(A). The :....,allat:,... Of Hl....,:.,.... Of eOppef Olad , .,a..,,....., u 8 n AIG ,. 132 smaller is prehibited." 133 134 FPN (These provisions are now contained within the body of the code.) 135 136 137 138 139 No ARTICLE - V Mechanical Code 141 142 Section 18-81 Adoption 143 144 The International Mechanical Code, 2003 2009 ition, published a International 145 Code Council, Inc., 5203 Leesburg Pike, Vir ' a 2204 3401, in pare apters 1 146 through 15, inclusive, and Appendix Cha a and , is hereby a • ed as the 147 Mechanical Code of and for the Town. 148 149 Section 18-82 Amendments U 150 151 c) The fees for mechanical wo• in e 106.5.2 ee Schedule, shall be as 152 indicated in the following schedule: 153 154 Table B101" cha a ermit Fee 155 156 11101.2.1 Fee ins in heating entilating, ductwork, air-conditioning, 157 exhaust, venti ombus ' t v el, solar, fuel oil and refrigeration systems 158 and appli ns. 159 160 25.00 e fir 000.00 or fraction thereof of valuation of the 161 installati us X19:00 $ for ch additional $1,000.00 or fraction thereof. 162 163 B101.ee fo nspecting repairs, alterations and additions to an existing 164 system. 165 166 25. plus$}9.00 $4.50 for each $1,000.00 or fraction thereof. 167 168 169 170 171 172 173 4 174 ARTICLE - VI Plumbing Code 175 176 Section 18-101 Adoption 177 178 The International Plumbing Code, 2003 2009 Edition, published by the International 179 Code Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, 180 in particular Chapters 1 through 13, inclusive and Appendix Chapters A, D, E and F, is 181 hereby adopted as the Plumbing Code of and for the Town. 182 183 Section 18-102 Amendments 184 185 k) Section 106.6.2 is amended, to read as follows: 186 187 106.6.2 Fee Schedule. The fees for all plu i work be as indicated in 188 the following schedule: 189 190 Plumbing ' Fees Initial fee for issuing each permit 2 Fee for inspecting the erection, instal ion, $25.00 t e first $1,000.00 or fraction alteration, repairs, relocation, replace thereof of v, .on of the installation plus addition to, use or maintenance o for eac ditional $1,000.00 or Plumbing systems within this jurisdietioi M416 ereof Fee for inspecting of of norm• 00 business hours. 12einspection fees 0. 0 191 e I e , . le in its entirety) 192 193 194 195 196 197 198 199 200 201 202 203 204 205 5 206 ARTICLE - VII Fire Code 207 208 Section 18-121 Adoption 209 210 The International Fire Code, 20&3 2009 Edition, published by the International Code 211 Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, in 212 particular Chapters 1 through 43 47, inclusive, and Appendix Chapters B, C, and D, is 213 hereby adopted as the Fire Code of and for the Town. 214 215 Section 18-122 Amendments 216 217 903.2 Where required. Approved automatic ler systems in new 218 buildings and structures shall be provided in the locatio sc •e in this section. An 219 automatic fire extinguishing system shall be installed ' a' buildi eater than five- 220 thousand (5,000) square feet, except for oup U Oc cies or as 221 required by other codes. Firewalls shall not be sidered to create sep buildings for 222 the purpose of calculation of square footage. 223 224 349 1-1 504.1.1 Obstructions (no fort anges) 225 226 0g.I, delete H 227 228 Seeti,.. 1.2 is added as follows-. 229 230 508.5.1.2 Location. (its entirety Section 02 Appendix Chapter C) 231 232 508.5.5 Clear spa e a hyd, ts. (Relocat k is entirety to Scction C102 Appendix 233 Chapter C) 234 235 Delete ' ton Cl ent 236 237 Delete n C 103 in in tiretv 238 239 Delete Sectio 5 in its tirety. 240 241 Section 18-143.1 L Monoxide Alarms 242 243 This Section was added 04-01-09, Ordinance# 1, Series of 2009) 244 245 246 247 248 249 6 25o ARTICLE X Fuel Gas Code 251 252 Section 18-191 Adoption 253 254 The International Fuel Gas Code, 2803 2009 Edition, published by the International Code 255 Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, in 256 particular Chapters 1 through 7, inclusive, and Appendix Chapters A, B, C and D, is 257 hereby adopted as the Fuel Gas Code of and for the Town. 258 259 260 261 262 263 264 265 ARTICLE XI Energy Conservation 266 267 Section 18-221 Adoption 268 269 The International Energy Conservatio Co 2009 tion, published by the 270 International Code Council Inc., 5203 Le u i to 08, Falls Church, Virginia 271 22041-3401, in particu a ers 1 throu inclusiv and the appendix chapter is 272 hereby adopted as t :nergy o servation -de of and for the Town of Snowmass 273 Village. 274 275 Section 18- 24 ing enc} e We Energy Offset Program 276 277 his Section dde 8, Ordinance 9 11, Series of 2008) 278 279 280 281 282 283 284 285 286 287 288 289 7 290 ARTICLE XII Residential Building Code 291 292 Section 18-241 Adoption 293 294 The International Residential Code, 2,0 2009 Edition, published by the International 295 Code Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, 296 and in particular Chapters 1 through 35 44, inclusive, and Appendix Chapters G, L1—4,j and 297 l-A, B, C, D, E, F, G, H, J, K, M, N, P and Q, is hereby adopted as the Residential Code 298 of and for the Town. 299 300 Section 18-242 Amendments 301 302 (a) Design Criteria. Table R301.2 (1) of the Internatio e ' e ial Code is amended, 303 to read as follows: 304 305 306 307 308 309 310 01.2 (l) 311 Climatic and G g esign Cri i 312 CROUND WIND EXPOSURE 1, S _MI FATHERING FROST LINE SNOW SPEED SIGN DEPTH LOAD 16513SF n 76 W111hh SEVERE 42" 9100 FEET FA TE B MILE 313 314 TER WINT 1 FLOOD AIR MEAN DESIGN BAR R HAZARD FREEZING ANNUAL TEMP INDEX TEMP SLIGHT 'I 5 DEGRE YES NONE 2000 40 DEGREES MODERATE ENHEIT FARENIIEIT 315 Delete old table in its entirety) 316 317 Y. 318 319 1 313-1 Handrails. u....dfails having fnininitifn and maximufn heights of 24 320 inehes and 38 inches respectively, measured e.4 i ell. ff the nosing of the treads,, oi 321 be provided oft at least one side of staifways. All required handrails shall be continueus 322 the full length of the ..t..:... ..with f...... or fflere risers f,.... .. point dire,.t1. ..be a the le.,est 323 riser ef the flight. Ends ,hall be returned of shall teFminate in .el posts or safety 324 terminals. FlandFailS adj.,eent to a all shall haN,e a spaee of not less than o and ene 325 half(1 1/2) inehes between the wall and the 1,.,..,1...:1 326 8 327 rn Section 122903 n z Valve Requirements, is ended to read as f flaw... 328 329 12983.9.3 Valve Requirements. V ak, e individual fixt .e. ..l;, tis 330 risers and branehes shall be pre.,ided with aeee,.,. An individual ..1 uteff.,a!N'e shall be 331 FeElUired eft the water supply to eaeh sueh fixture er appliance 332 333 (h) Section E3301.4 E3401.5, Conflicts, is added, to read as follows: 334 335 E3391:4 1--:3401.5 Conflicts. Whenever, for any reason, there is a conflict 336 between this code and the National Electrical Code, the pro ' ions of the National 337 Electrical Code shall govern." 338 339 340 341 342 343 344 345 346 347 348 349 Section TWO: Effective Date. This dina bee e effective on January 1, 350 2010. 351 352 Section Three:rabilit f any provi n of this Ordinance or application hereof 353 to any person or cire ance ' held invali invalidity shall not affect any other 354 provision or application - an w ' can be given effect without the invalid 355 provision 11, A n, an this e rovisions of this Ordinance are severable. 356 357 All, AP PR DA OPTED, by the Town Council of the Town of 358 Snowm illage on Pi eadi on November 16th, 2009 upon a motion by Council 359 Member second of Council Member and upon a vote 360 of in and opposed. 361 362 READ, APP Ell AND ADOPTED, by the Town Council of the Town of 363 Snowmass Village o econd Reading on December 7th, 2009 upon a motion by Council 364 Member the second of Council Member and 365 upon a vote of in favor and opposed. 366 367 TOWN OF SNOWMASS VILLAGE 368 369 370 371 Bill Boineau, Mayor 372 9 373 ATTEST: 374 375 376 377 Rhonda Coxon, Town Clerk 378 379 380 APPROVED AS TO FORM: 381 382 383 384 John Dresser, Town Attorney 10 MEMORANDUM TO: Snowmass Village Town Council FROM: Joe Coffey DATE: November 16, 2009 SUBJECT: Country Club Townhome Renovation Budget discussion and Request to purchase unit #26 and remove the deed restriction to sell free market. I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Discussion and request to use the remaining balance of the approved Country Club Townhomes renovation funds for a fifth special assessment due to increased renovation expenses. Discussion and request to purchase CCTH #26 with Housing Excise Tax funds and remove the deed restrictions to sell both CCTH #25 & #26 as free market units. II. BACKGROUND: A. Country Club Townhome Renovation Expense Discussion The Country Club Townhome Association Board recently notified the homeowners that the renovation work will require an additional fifth assessment to cover the increased renovation expenses (see letter from County Club Townhomes HOA). The estimated fifth assessment equals a 12% increase in the renovation expense for each unit. The Town has budgeted $1,048,147 for the renovation expense and the Council anticipated that there may be construction cost increases. To date we have expended $896,285 leaving a balance of $151,862. Please note that the expenditures to date include the window cost increase for unit #60 and the Town's 25% portion of the renovations and window replacement for CCTH #25. This expense equals $14,791 which was not included in the original budget. The estimated fifth assessment to cover renovation expenses is 117,707 for the deed restricted units including the Town owned units. A Town subsidy of 75% for the fifth renovation assessment would be approximately $88,280. The CCTH Homeowners are requesting Council to discuss the fifth assessment and determine if this assessment will be subsidized 75% by the Town. The homeowners are also requesting that the 25% they pay be added to the resale price. The Town has subsidized 75% of the renovation expenses to date and has allowed the homeowner to add 25% of the renovation costs based on the original budget to the resale price of their unit. A 12% renovation assessment increase for the deed restricted units equals an additional estimated expense of$9,467 to $11,637 to cover 100% of the renovation work for a 5`h assessment depending on the unit size. If Council approves the 75% subsidy and the homeowners pay 25% which would be recoverable this will add $2367.00 and 2,909.00 onto the resale price. Attached to this memo is a letter from the deed restricted CCTH homeowners requesting Council consideration of an additional subsidy to fund 75% of the fifth assessment. B. Request to Purchase Country Club Townhome #26 and remove deed restrictions on CCTH units 25 & 26 to sell as free market units. The homeowners of CCTH #26 have submitted a letter to sell their unit. The resale price for CCTH #26 is $285,320.83. Selling this unit to a Snowmass Village employee at this time is very unlikely due to the current market conditions and the recent increase in new housing inventory. During the last few years the Town has recognized that mixing high value free market units with deed restricted owners is problematic for the employee owners. The assessment rates for these units will continue to be a problem for the employee owners as long as they own the units. The CCTH association directors recently stated that the annual assessments were going to significantly increase over the next few years to cover roofs that need replacement and asphalt paving. Removing the deed restrictions from these units and selling these units for the free market value will generate a significant amount of revenue to build new replacement units in the future. The fundamental reason these units are unaffordable for deed restricted owners is because the assessments are based on unit size or square feet and not the taxable market value. For example if you compare a free market unit with a value of$1,400.000 to a deed restricted unit worth 300,000 the assessment rate is the same for both units per square foot. The Aspen Pitkin County Housing Authority (APCHA) is experiencing the same situation with deed restricted units mixed with high end free market units and unaffordable assessments. APCHA has decided to remove these problem units from their program. Attached to this memo is the 2009 Housing Excise Tax Budget. III. Staff Recommendation: Council anticipated that there may be construction cost increases for doing the renovation work and therefore the budget was increased to complete this work. Use the remaining balance in the CCTH project funded by the Excise Tax Fund to subsidize 75% of the fifth renovation assessment and the homeowners will pay 25%. The 25% percent paid by the owner will then be added to the unit at resale. Staff recommends for the Town to purchase CCTH #26. The primary reason is the increasing assessments which will continue under the current association guidelines. Staff also recommends for Council to remove the deed restrictions from unit#25 & #26 and retain a real estate agent to sell these units as free market. IV. Attachments CCTH HOA letter to home owners CCTH Homeowner subsidy request for fifth assessment. CCTH Renovations Budget TOSV Proposed 2009 Housing Excise Tax Fund Budget Summary FINAL ASSESSMENT COUNTRY CLUB TOWNHOMES RENOVATION PROJECT r 8/.}9709 First,I want to thank all the homeowners for your continued moral and financial support for the Renovation Project. Without your timely assessment payments,we would indeed be in deep trouble! However,you all hung in and we are finally coming to the end of the construction mess and inconvenience. As a matter of fact,we expect to be finished a few months before the original May 2010 estimated date.If you have had the opportunity to see the Project as it approaches its conclusion,I think you will agree that the visual improvement,alone, is remarkable. As your Board noted at the December 2008 Association Annual Meeting,it appeared that the Renovation Project cost would exceed the original budget estimate,and this would cause a fifth and final assessment.For reasons of improving the Project in many ways unanticipated at the outset,the Board found it worthwhile,over the course of the construction phase,to approve certain changes which have added to the original budget estimate. It is not possible to project the exact amount of the final assessment at this time. However,the board feels it is prudent to do the best we can at estimating the final overage, so that you can plan accordingly. It is probable that the final assessment to you will be about 12%of your total assessments to date to be paid during the first or second quarter of 2010. The table below will give you some example"ball park"figures for estimating your specific final assessment: Heated sa.ft. Orieinal Renovation Assessment Estimated final Assessment 2866 170,513 20,462 2145 127,617 15,314 1630 96,977 11,637 If you have any questions,please contact me at cbulisnier na roadmnuier.com or Howard Foley at lipfolevOmsn.com. Chuck Buhsmer,Treasurer Country Club Townhome Deed Restricted Homeowners November 9,2009 Town of Snowmass Village: The Country Club Townhome Deed Restricted Homeowners would like to formally request the Snowmass Village Town Council and the Town of Snowmass Village to utilize the funds authorized as per Resolution#25 Series of 2007 to pay the additional CCTH renovation assessment. As of this date the assessment is expected to be billed out in January of 2010 and will amount to approximately 12%of the total renovation assessment cost. Sincerely, CCTH Deed Restricted Homeowners Click here and type slogan] CCTH Renovation Assessment Revised Summary as of 11/ 512007 per Town Council Meeting Max Town pays forwindows-TOWN 75% of Owner 25% of n6vaitilon! Original Revisetl Re vised Window Max window Unit Owner Name On inal Bud m . Foot Owner25% window Cost Window Cost Price cost M72. 686. 25E VARIANCE 4 Brambach $ 78 090. 00 1326 S 59 167. 50 $ 19 722. 50 E 10 423. 00 $ 18 085. 00 $ 13 563. 75 5 4 521. 25 $ 5 $ 3. 540. 00 26 Wickwfre/ Hef, $ 78 690. 00 1326 S 59 167. 50 $ 19 722. 50 $ 10, 423. 00 $ 18. 356. 00 $ 13 767. 00 S 4 589. 00 0 S 6, 235. 50 28 SmithlStasior $ 78 890. 00 1326 S 59 167. 50 $ 19 722. 50 $ 10 423. 00 $- 17, 56400 $ 13 173. 00 $ 4, 391. 00 0 $ 5. 652. 00 29 Quist E 78890. 00 1326 S 59167. 50 $ 19722. 50 $ 10, 423. 00 $ 18165. 00 $ 13623. 75 $ 4541. 25 5 $ 13, 623. 75 62 Goode $ 78 890. 00 1326 $ 59 167. 50 $ 19 722. 50 $ 10 423. 00 $ 18. 025. 00 $ 13 518. 75 $ 4, 506. 25 $ 5 $ 8. 032. 50 Sub Total 394 450. 00 S 295 837. 50 52 115. 00 $ 90 195. 00 $ 67 646. 25 $ 13 028. 75 $ 363 483. 75 E E 5 Reeves $ 98 464. 00 1655 E 73, W. 00 f 24 616. 00 $ 13, 672. 00 $ 28 428. 00 $ 21, 321. 00 $ 7. 107. 00 $ 9516900 E 7. 669. 50 18 Sehnal $ 9697700 1630 S 7273275 f 24 244. 25 $ 13 672. 00 $ 22 544. 00 $ 16 908. 00 S 5. 636. 00 $ 89! 640! 75 $ 7, 364. 25 19 Te Johnson $ 96: 977! 00 1630 $ 72'. 732. 75 $ 24 244. 25 $ 13 672. 00 $ 23 744. 00 $ 17 808. 00 $ 5, 936. 00 $ 90 540. 75 $ 4, 401. 15 25 Batas then TOSV $ 96 977. 00 1630 $ 72 732. 75 f 24 244. 25 $ 13, 672. 00 $ 24, 796. 00 $ 18 597. 00 $ 6, 199. 00 $ 91 329. 75 $ ( 23. 380. 25) 59 Harris $ 98 977. 00 1630 $ 72 732. 75 $ 24 244. 25 $ 13 672. 00 $ 23 366. 00 $ 17 524. 50 $ 5. 841. 50 S 90 257. 25 $ 4, 254. 75 Sub Total S 486 372. 00 14805 S 366 779. 00 1E 68, 360. 00 S 122 878. 00 $ 92, 158. 50 $ 30 719. 50 $ 456 937. 50 Total 880 822. 00 660 616. 50 120 475. 00 S 213 073. 00 $ 159 804. 75 $ 43J48. 25 1S 820 421. 25 Balance Town Unit is based on od inal budget 100% 11 100% TOSV 60 TOSV S 96 977. 00 1630 $ 96 977. 00 13 672. 00 $ 24 869. 00 $ 24 869. 00 S 121 646. 00 E 8. 588. 75 GRAND TOTAL Total for Town 757a593150B 134, 147. 00 0111111111111111184! 67, 3N. 5f 45, 981. 90_ APPROVED BUDGET SUMMARY Year- to- date BUDGET SUMMARY Grand Total Cost 942, 267. 25 Grand Total Cost 896, 285. 35 Total Town Budget 1, 048, 147. 00 Total Town Budget $ 1, 048, 147. 00 Remaining Contigency 105, 879. 75 Remaining Contigency $ 151, 861. 65 TOWN OF SNOWMASS VILLAGE EXCISE TAX FUND BUDGET SUMMARY 2008 2009 2009 2010 2011 2012 2013 2014 OESCRIMON ACTUAL BUDGET REVISED VARIANCE PROPOSED VARIANCE PROPOSED PROPOSED PROPOSED PROPOSED CARRYOVER 4, 748, 143. 51 § 4, 565, 844. 05 53, 292, 88698 ( 51, 272, 957. 07) § 3, 859, 299. 06 § 566, 4(2. 08 § 6, 318, 399. 06 § 7119, 899. 06 § 7, 922, 944. 06 § 8, 727560. 06 REVENUES 1, 458, 733. 49 § 1, 090. 000. 00 $ 840, 354. 37 ( 5249, 645. 63) $ 808, 000. 00 (§ 32, 354. 37) § 801, 500. 00 § 803, 045. 00 § 804, 636. 00 § 806275. 00 Transfer in - CIP ( Upper Keane) 11, 16317 0. 00 0. 00 0. 00 0. 00 000 0. 00 000 0. 00 0. 00 CORE Gwnt 0. 00 0. 00 § 90. 000. 00 § 90, 000. 00 000 ($ 90, 000. 00) 000 000 0. 00 000 Sale of CC# 25 0. 00 0. 00 0. 00 0. 00 $ 800, 000. 00 $ 800, 000. 00 0. 00 000 0. 00 000 Rodeo Place Homes- Phase I only § 2, 276, 194. 21 § 1, 705, 084. 34 $ 3, 274, 642. 71 $ 1, 569, 558. 37 000 ($ 3, 274, 642. 71) 0. 00 000 0. 00 0. 00 Rodeo Place Homes- Phase 2 000 0. 00 $ 1, 694, 016. 00 $ 1, 694, 016. 00 $ 852, 600. 00 ($ 841, 416. 00) 0. 00 000 0. 00 0. 00 EXPENDITURES 530, 410. 00) 0. 00 (§ 307, 337. 00) ($ 307, 337. 00) (§ 1, 500. 00) $ 305, 83200 000 000 000 0. 00 CC Townhomes Assessmcnfs 534236. 25) ($ 440, 411. 00) ($ 513, 911. 00) ($ 73, 500. DO) 0. 00 $ 513, 911. 00 0. 00 0. 00 5000 0. 00 Rodeo Place Homes- Phase I only (§ 3795, 854. 08) ($ 884, 853. 00) ($ 976, 303. 00) (§ 91, 450. 00) 0. 00 § 976, 30100 0. 00 0. 00 0. 00 0. 00 Rodeo Place Hams- Phase 2 0. 00 0. 00 ($ 3, 349, 348. 00) ($ 3, 349, 348. 00) 000 $ 3, 349, 348. 00 0. 00 000 0. 00 0. 00 Tr . Ow out- CIP ( Rodeo Hams) 806, 306. 17) ($ 111, 35700) (§ 153, 702. 00) (§ 42, 345. 00) 0. 00 $ 153, 702. 00 0. 00 000 000 0. 00 Transfer out- CID ( brow Site) 34, 540. 90) ($ 145, 000. 00) (§ 32, 000. 00) $ 113, 000. 00 0. 00 § 32, 000. 00 OHO 0. 00 000 0. 00 ENDING BALANCE 3, 292, 886. 98 55, 779, 307. 39 § 3, 859, 299. 06 (§ 1, 920, 008. 33) 56, 318, 399. 06 $ 2. 459, 100. 00 $ 7, 119, 899. 06 $ 7, 922, 94406 § 8, 727, 580. 06 $ 9, 533, 855. 06 Appropriation from 2008 2009 2009 5 2010 2011 2012 2013 2014 Year End Carryover REVISED BUDGET Revised VARIANCE PROPOSED VARIANCE PROPOSED PROPOSED PROPOSED PROPOSED UNAPPROPRIATED RESERVE 3, 292, 886. 98 $ 5, 779, 307. 39 § 3, 859, 299. 06 (§ 1, 920, 008. 33) $ 6, 318, 399. 06 $ 2, 459, 100. 00 $ 7, 119, 899. 06 $ 7, 922, 944. 06 $ 8, 727, 580. 06 $ 9, 533, 855. 06 Year End Appropriation 3, 292, 886. 98 § 5, 779, 307. 39 § 3859, 299. 06 ($ 1, 920, OD8. 33) $ 6, 318, 399. 06 $ 2, 459, 100. 00 $ 7119, 899. 06 $ 7, 922, 944. 06 $ 8, 727, 580. 06 $ 9, 533, 855. 06 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: November 16, 2009 meeting SUBJECT: CONTINUATION OF PUBLIC HEARING: Snowmass Club Employee Housing Minor PUD Amendment The application is being processed pursuant to Municipal Code Section 16A-5-390, Amendment of Final PUD, proposing a seasonal housing unit on the second level of the existing Snowmass Club building located on Lot 1, Parcel 4 of the Snowmass Club PUD Subdivision. Applicant: Aspen Skiing Company, represented by: Mr. Don Schuster, Vice President of Real Estate Development; Dana Dalla Betta, Project Manager Planner: Jim Wahlstrom, Senior Planner I. PURPOSE AND ACTION REQUESTED. Purpose: a. The purpose of the meeting would be to review the second reading of attached Ordinance No. 14, Series of 2009, and the accompanying exhibits, including the proposed Bargain and Sale Deed and the Employee Housing Restrictive Covenant provided by the Applicant pursuant to discussion and directives at previous Town Council meeting; and b. Re-open the hearing and consider comments from the public; and Action: Approve, approved with conditions, or deny the second reading of the ordinance, which may be amended at the meeting (see Attachment 1 for the edited version and Attachment 2 for the final version). II. OTHER HEADINGS RELATED TO THE TOPICS Attachments: 1. Edited Version of Ordinance No. 14, Series of 2009; and 2. Final Version of Ordinance No. 14, Series of 2009, with referenced exhibits that include: a) Exhibit A—Vicinity maps; b) Exhibit B— Updated land use and development parameters for Lot 1, Parcel 4; c) Exhibit C — Floor plans and/or building elevations of the employee housing unit and the storage to office conversion; d) Exhibit D — Bargain and Sale Deed; e) Exhibit E— Employee Housing Restrictive Covenant; and f) Exhibit F— Proposed parking spaces and future contingency parking plan 1 ATTACHMENT 1 EDITED VERSION I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 14 5 SERIES OF 2009 6 7 AN ORDINANCE APPROVING THE SNOWMASS CLUB EMPLOYEE 8 HOUSING MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT. 9 10 WHEREAS, in April 2000 via Ordinance No. 3, Series of 2000, Town 1 I Council approved the Final PUD for the Snowmass Club Phase I project, which 12 included demolition of the previous 76 room lodge for 30 fractional condominium 13 units on Lot 2, Parcel 4 in addition with expansion of the Club floor area to 14 55,998 square feet that includes the athletic club, retail, restaurant, meeting and 15 public space on Lot 1, Parcel 4 of the Snowmass Club PUD Subdivision together 16 with demolition, relocation and expansion of the golf course maintenance facility, 17 the provision of up to 500 parking spaces on Parcels 4 and 10, and 61 new 18 employee housing units housing up to 154 bedrooms, known as Club Commons 19 1 on Parcel 12; and 20 21 WHEREAS, in April 2002 via Ordinance No. 3, Series of 2002, Town 22 Council granted approval to the Snowmass Club Phase II Final PUD that 23 included building 21 fractional condominium units in two buildings on Lot 3, 24 Parcel 4 as well as a new tennis structure and reconfiguration of on-site parking 25 on Lot 1 , Parcel 4 of the Snowmass Club Phases I and II Re-plat, which proposal 26 also included redevelopment of the golf course and replacement clubhouse on 27 Parcel 10, Brush Creek stream restoration and new trail connections; and 28 29 WHEREAS, the Aspen Skiing Company, sole member and manager of the 30 Snowmass Club Associates, LLC ("Applicant") initially submitted on May 12, 2009 31 a Minor PUD Amendment dated May 11, 2009 that was deemed complete as of 32 May 26, 2009 for referral and review purposes, which application proposes 33 adding an approximate 2,872 square foot 10-bedroom dormitory style, seasonal 34 employee housing unit with common area on the existing second level exterior 35 deck space above the Club building's loading and service area, which is next to 36 the tennis structure, together with a requested mitigation credit of 2,373 square 37 feet, plus expanding the dining/locker room facilities by 511 square feet for the 38 existing employees and converting an approximate 672 square foot storage 39 room on the same level to an office; and 40 41 WHEREAS, the Planning Commission reviewed the application on July 1, 42 2009, and on July 15, 2009 passed Resolution No, 12, Series of 2009, making 43 its recommendations to the Town Council; and 44 TC Ord 09-14 . Page 2 of 7 45 WHEREAS, the public hearing notice was published in the Snowmass 46 Sun on July 29, 2009 for the initial Town Council meeting on August 17, 2009 to 47 hear a presentation of the proposal by the Applicant, consider Town staff and 48 Planning Commission recommendations and public comments along with the 49 application review, and subsequently, the public hearing was continued to 50 October 5ea4o, November 2 and 16, 2009; and 51 52 WHEREAS, the application was reviewed and processed in accordance 53 with the provisions outlined in Sections 16A-5-390 of the Municipal Code. 54 55 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the 56 Town of Snowmass Village, as follows: 57 58 Section One: Findings and Recommendations. The Town Council hereby 59 finds that: 60 61 General Findings — 62 63 1) The submission requirements for the application were adequately 64 provided pursuant to Sections 16A-5-40 and 390 of the Municipal Code 65 and included written and graphic materials in sufficient detail to deem the 66 application complete for review. 67 68 2) The application does not appear to conflict with other goals, objectives 69 and policies of the Comprehensive Plan adopted by Ordinance No. 22, 70 Series of 1999, in that: 71 72 a) It would help to encourage and support a variety of affordable housing 73 types, sizes and price ranges to serve the needs of all employees; 74 b) It would provide seasonal housing as intended to be available to 75 single-season employees; 76 c) It would integrate employee units into an existing Town neighborhood; 77 d) It would integrate employee housing into commercial development 78 located in close proximity to services and jobs; 79 e) It would be consistent with the policy of not giving "credits" in-lieu of 80 actual housing units to satisfy development mitigation requirements; 81 and 82 f) It encourages employers to construct or acquire their own employee 83 housing. 84 85 Architectural Building Design — 86 87 3) According to Section 16A-4-340, `Building design quildelines to improve 88 community character,' the proposed second level employee unit addition 89 above the loading dock on the east side of the Club building and next the 90 tennis structure is discreet and would not noticeably increase the scale TC Ord 09-14 Page 3 of 7 91 and mass of the Club building as a whole as viewed from surrounding 92 buildings and public ways, and the building elevations and exterior 93 finishes for the proposed unit addition acceptably demonstrates 94 compatibility of design with the main Club building. 95 96 Off-Street Parking — 97 98 4)In accordance with Section 16A-4-310, 'Off-street parking standards,' in 99 the alternative parking section of the Municipal Code, the existing parking 100 facilities on the site are already constrained as far as meeting the parking 101 demands. The new employee unit with 10-bedrooms, despite the 102 Applicant restricting residents in this unit to not having vehicles by lease 103 agreement, could increase the level of activities, guest or visitor arrivals to 104 the site. 105 106 Employee Housing — 107 108 5) Pursuant to Section 16A-5-410, Restricted housing requirements, of the 109 Municipal Code, the proposed unit of 2,872 square feet, includes the 10 110 bedrooms, bathrooms and unit common area, but does not include the 111 changes to the employee dining room involving 511 square feet of area. 112 The combination of the living and common areas in the unit average to 113 287 square feet per employee, thus satisfactorily fulfilling the minimum 114 seasonal housing square footage of 224 square feet for private and 115 common living space. 116 117 6) According to the 1999 Phase I Snowmass Club applications, the proposed 118 improvements at that time would not generate employees which were 119 additional to those that operated the Club in 1999, despite that fact that 120 the Club facilities increased from 41,029 to 55,998 square feet for the 121 athletic club, retail, restaurant, meeting and public space. Therefore, the 122 672 square foot conversion from storage to office space that would 123 generate an employee housing requirement of 499 square feet (e.g., 672 124 SF x 3.68/1,000 SF x 448 x 0:45%) shall be debited from the requested 125 2,872 square foot housing credit. Therefore, in accordance to the 126 Municipal Code methods for calculating required employee housing, the 127 Applicant shall not receive credit for previously locating the existing office 128 space in the Capital conference room, as is now proposed to be relocated 129 in the converted storage space, as that office usage was not previously 130 mitigated or accounted for in 1999. In a supplement dated September 15, 131 2009, the Applicant amended their application to debit the employee 132 housing requirement of 499 square feet for the conversion of the storage 133 space to office and lessened the requested amount of housing mitigation 134 credit to 2,373 square feet, which is acceptable. 135 TC Ord 09-14 Page 4 of 7 136 7) According to Section 16A-4-420(2)c, 'Other means' and subsection 2, 137 Land for credits,' of the Municipal Code, the Town Council, at its sole 138 discretion, may grant to the developer employee housing credits in 139 exchange for developable land. Considering such standard, the Applicant 140 represented that they had no need for such employee housing to meet the 141 demands of the Club at this time, and the Applicant requests building the 142 employee housing with the intent to occupy it depending on the demand 143 elsewhere or until new development is proposed, reviewed, approved and 144 built, which arrangement is acceptable subject to the operational 145 restrictions in the attached Exhibit "E" of the Employee Housing 146 Restrictive Covenant. 147 148 Other Core Issues — 149 150 8) The Construction Management Plan appears satisfactory and adequately 151 complies with Ordinance No. 12, Series of 2007. 152 153 9) The proposed application qualifies as a 'Minor Amendment' pursuant to 154 Code Section 16A-5-390(1)b, meaning a one-step review before the 155 Planning Commission and the Town Council, and the amendment 156 satisfactorily complies with the review standards outlined below per 157 Section 16A-5-390(3) as follows: 158 159 a) The proposed amendment is consistent with, or an enhancement of, 160 the original PUD approval; 161 b) The proposed amendment does not have a substantially adverse 162 effect on the neighborhood surrounding the land where the 163 amendment is proposed, nor has a substantially adverse impact on the 164 enjoyment of land abutting upon or across the street from the subject 165 property; 166 c) The proposed amendment would not change the basic character of 167 the PUD or surrounding areas; and 168 d) The proposed amendment acceptably complies with the other 169 applicable standards of this Division 3, Planned Unit Development, 170 including but not limited to Section 16A-5-300(c), General Restrictions, 171 and Section 16A-5-310, Review Standards. 172 173 Section Two: Action. The Town Council hereby grants the approval of the Minor 174 PUD Amendment, subject to compliance with or implementation of the conditions 175 in Section Three of this ordinance. 176 177 Section Three: Conditions. The Town Council makes the following conditions 178 for the Applicant to comply with or implement: 179 180 1) The Applicant shall provide an enhanced parking plan that identifies and 181 includes the addition and installation of a minimum 4Ye4&)three L3 new TC Ord 09-14 Page 5 of 7 182 parking spaces proximate to the Club as illustrated in attached Exhibit "F" 183 prior to an issuance of a Certificate of Occupancy for the new employee 184 dwelling unit to meet the reasonable demand for parking by visitors and 185 quests of the unit. The applicant shall commit to installing additional 186 future contingency parking as illustrated in attached Exhibit "F" if it is 187 determined that the construction of additional parking spaces beyond the 188 three spaces noted for the new dormitory unit to serve its visitors and 189 quests creates a parking problem within the Club complex. The applicant 190 shall review the parking situation with the Planning Director from time to 191 time during the 2010/11 and 2011/12 ski seasons. While discerning 192 whether the parking demand for the three spaces is related to the 193 employee housing and if it is determined by the Planning Director that the 194 additional parking is needed, the applicant shall promptly install said 195 parking. Should disagreements arise that cannot be resolved between 196 Town Staff and the Applicant, the matter will be referred to the Town 197 Council for final direction and/or determination. 198 199 2) The residents of the new employee dormitory-style dwelling unit shall not 200 be eligible to obtain resident parking permits for the Town public parking 201 lots per the meaning of Section 8-25(1) of the Municipal Code, with the 202 further the understanding that the Applicant would restrict residents in this 203 unit to not having vehicles by lease agreement. 204 205 3) 206 future planned redevelopment of the Flk Camp Restaurapt, as was 207 pFeyieusly 8uggested by the AppliGantThe housing credit of 2,373 square 208 feet shall be utilized solely by the applicant, an affiliate of Snowmass Club 209 Associates, LLC or Aspen Skiing Companv LLC for future development 210 projects by November 30, 2019. 211 212 4) If the housing is not fully occupied, the Town shall have the ability to fill 213 unoccupied bedrooms to any qualified Snowmass Village employee on a 214 seasonal basis, as more specifically explained in the Employee Housing 215 Restrictive Covenant in attached Exhibit "E." 216 217 5) As offered by the Applicant, the Applicant shall complete and execute the 218 following agreement and.covenant, and on behalf of the Town and prior to 219 execution by a Town official(s), the Town Attorney shall review the 220 following agreement and covenant for acceptable form and content, for 221 I recording purposes at the Applicant's expense following final execution 222 prior to the issuance of a Certificate of Occupancy: 223 224 a) Bargain and Sale Deed, with its referenced exhibits; and 225 b) Employee Housing Restrictive Covenant 226 TC Ord 09-14 Page 6 of 7 227 6) The Applicant shall complete all actions or matters, which in the opinion of 228 the Planning Director and the Town Attorney, are necessary to satisfy or 229 dispense with the completion, execution and/or recording of all 230 documents, including the agreement and covenant, necessary to 231 implement the conditions of this Ordinance and the requirements of the 232 Municipal Code, prior to the issuance of a building permit or a Certificate 233 of Occupancy, depending on which is more applicable. Should 234 disagreements arise that cannot be resolved between Town Staff and the 235 Applicant, the matter shall be referred to the Town Council for final 236 direction and/or determination. 237 238 7) Following execution, this ordinance and its exhibits shall be recorded, at 239 the Applicant's expense, with the Pitkin County Clerk and Recorder. 240 241 8) Under the direction of the Planning Director, periodic reviews in the field of 242 the construction details associated with the project shall occur as 243 reasonably necessary to determine compliance with the design character 244 standards specified within the PUD approval. The Applicant shall make 245 field adjustments if such adjustments are determined by the Planning 246 Director to be necessary to comply with the PUD Amendment. The 247 Planning Director may refer matters of this type to the Town Council for 248 direction as necessary to ensure consistency with the representations 249 made by the Applicant during the PUD review process. 250 251 9) Certain refinements, modifications, or amendments to the Construction 252 Management Plan may be required by the Town in response to impacts, 253 complaints or concerns which were not apparent at the time application 254 was made. In addition, the Applicant may find it necessary to notify the 255 Snowmass Village Planning Department of necessary additions, 256 modifications, or amendments to the plan during the course of 257 construction. The changes may be permitted with written approval of the 258 Planning Director, who may refer the matter to the Town Council for final 259 determination. 260 261 Section Four: Severability. If any provision of this Ordinance or application 262 hereof to any person or circumstance is held invalid, the invalidity shall not affect 263 any other provision or application of this Ordinance which can be given effect 264 without the invalid provision or application, and, to this end, the provisions of this 265 Ordinance are severable. 266 267 Section Five: Enforcement. Obligations herein this Ordinance shall be binding 268 on the Applicant, its affiliates, successors and assigns. 269 270 INTRODUCED, READ, AND APPROVED, as amended, on First Reading 271 by the Town Council of the Town of Snowmass Village, Colorado on this 2nd day TC Ord 09-14 Page 7 of 7 272 of November 2009, upon a motion made by Council Member Butler and the 273 second by Council Member Lewis, upon a vote of 5 in favor and 0 opposed. 274 275 READ, APPROVED AND ADOPTED on Second Reading by the Town 276 Council of the Town of Snowmass Village, Colorado on this 16`" day of 277 November 2009, upon a motion made by Council Member and the 278 second by Council Member upon a vote of _ in favor and 279 opposed. 280 281 TOWN OF SNOWMASS VILLAGE 282 283 284 285 Bill Boineau, Mayor 286 287 ATTEST: 288 289 290 291 Donna J. Garcia-Spaulding, CMC 292 Deputy Town Clerk 293 294 APPROVED AS TO FORM: 295 296 297 298 John C. Dresser, Jr., Town Attorney 299 300 301 Attached Exhibits or proposed for insertion or reference thereof 302 303 Exhibits to Ordinance No. 14. Series of 2009, incorporated herein: 304 Exhibit "A"— Vicinity maps 305 Exhibit "B" — Development parameters 306 Exhibit "C" — Selected drawings from the application 307 Exhibit "D" — Bargain and Sale Deed with its exhibits 308 Exhibit "E" — Employee Housing Restrictive Covenant 309 Exhibit "F" — Proposed parking spaces and future contingency parking plan 310 311 312 ATTACHMENT 2 FINAL VERSION 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 14 5 SERIES OF 2009 6 7 AN ORDINANCE APPROVING THE SNOWMASS CLUB EMPLOYEE 8 HOUSING MINOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT. 9 10 WHEREAS, in April 2000 via Ordinance No. 3, Series of 2000, Town 11 Council approved the Final PUD for the Snowmass Club Phase I project, which 12 included demolition of the previous 76 room lodge for 30 fractional condominium 13 units on Lot 2, Parcel 4 in addition with expansion of the Club floor area to 14 55,998 square feet that includes the athletic club, retail, restaurant, meeting and 15 public space on Lot 1, Parcel 4 of the Snowmass Club PUD Subdivision together 16 with demolition, relocation and expansion of the golf course maintenance facility, 17 the provision of up to 500 parking spaces on Parcels 4 and 10, and 61 new 18 employee housing units housing up to 154 bedrooms, known as Club Commons 19 1 on Parcel 12; and 20 21 WHEREAS, in April 2002 via Ordinance No. 3, Series of 2002, Town 22 Council granted approval to the Snowmass Club Phase II Final PUD that 23 included building 21 fractional condominium units in two buildings on Lot 3, 24 Parcel 4 as well as a new tennis structure and reconfiguration of on-site parking 25 on Lot 1, Parcel 4 of the Snowmass Club Phases I and II Re-plat, which proposal 26 also included redevelopment of the golf course and replacement clubhouse on 27 Parcel 10, Brush Creek stream restoration and new trail connections; and 28 29 WHEREAS, the Aspen Skiing Company, sole member and manager of the 30 Snowmass Club Associates, LLC ("Applicant") initially submitted on May 12, 2009 31 a Minor PUD Amendment dated May 11, 2009 that was deemed complete as of 32 May 26, 2009 for referral and review purposes, which application proposes 33 adding an approximate 2,872 square foot 10-bedroom dormitory style, seasonal 34 employee housing unit with common area on the existing second level exterior 35 deck space above the Club building's loading and service area, which is next to 36 the tennis structure, together with a requested mitigation credit of 2,373 square 37 feet, plus expanding the dining/locker room facilities by 511 square feet for the 38 existing employees and converting an approximate 672 square foot storage 39 room on the same level to an office; and 40 41 WHEREAS, the Planning Commission reviewed the application on July 1, 42 2009, and on July 15, 2009 passed Resolution No. 12, Series of 2009, making 43 its recommendations to the Town Council; and 44 TC Ord 09-14 Page 2 of 7 45 WHEREAS, the public hearing notice was published in the Snowmass 46 Sun on July 29, 2009 for the initial Town Council meeting on August 17, 2009 to 47 hear a presentation of the proposal by the Applicant, consider Town staff and 48 Planning Commission recommendations and public comments along with the 49 application review, and subsequently, the public hearing was continued to 50 October 5, November 2 and 16, 2009; and 51 52 WHEREAS, the application was reviewed and processed in accordance 53 with the provisions outlined in Sections 16A-5-390 of the Municipal Code. 54 55 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the 56 Town of Snowmass Village, as follows: 57 58 Section One: Findings and Recommendations. The Town Council hereby 59 finds that: 60 61 General Findings — 62 63 1) The submission requirements for the application were adequately 64 provided pursuant to Sections 16A-5-40 and 390 of the Municipal Code 65 and included written and graphic materials in sufficient detail to deem the 66 application complete for review. 67 68 2) The application does not appear to conflict with other goals, objectives 69 and policies of the Comprehensive Plan adopted by Ordinance No. 22, 70 Series of 1999, in that: 71 72 a) It would help to encourage and support a variety of affordable housing 73 types, sizes and price ranges to serve the needs of all employees; 74 b) It would provide seasonal housing as intended to be available to 75 single-season employees; 76 c) It would integrate employee units into an existing Town neighborhood; 77 d) It would integrate employee housing into commercial development 78 located in close proximity to services and jobs; 79 e) It would be consistent with the policy of not giving "credits" in-lieu of 80 actual housing units to satisfy development mitigation requirements; 81 and 82 f) It encourages employers to construct or acquire their own employee 83 housing. 84 85 Architectural Building Design — 86 87 3) According to Section 16A-4-340, 'Building design Quildelines to improve 88 community character,' the proposed second level employee unit addition 89 above the loading dock on the east side of the Club building and next the 90 tennis structure is discreet and would not noticeably increase the scale TC Ord 09.14 Page 3 of 7 91 and mass of the Club building as a whole as viewed from surrounding 92 buildings and public ways, and the building elevations and exterior 93 finishes for the proposed unit addition acceptably demonstrates 94 compatibility of design with the main Club building. 95 96 Off-Street Parking — 97 98 4) In accordance with Section 16A-4-310, 'Off-street parking standards,' in 99 the alternative parking section of the Municipal Code, the existing parking 100 facilities on the site are already constrained as far as meeting the parking 101 demands. The new employee unit with 10-bedrooms, despite the 102 Applicant restricting residents in this unit to not having vehicles by lease 103 agreement, could increase the level of activities, guest or visitor arrivals to 104 the site. 105 106 Employee Housing — 107 108 5) Pursuant to Section 16A-5-410, Restricted housing requirements, of the 109 Municipal Code, the proposed unit of 2,872 square feet, includes the 10 110 bedrooms, bathrooms and unit common area, but does not include the III changes to the employee dining room involving 511 square feet of area. 112 The combination of the living and common areas in the unit average to 113 287 square feet per employee, thus satisfactorily fulfilling the minimum 114 seasonal housing square footage of 224 square feet for private and 115 common living space. 116 117 6) According to the 1999 Phase I Snowmass Club applications, the proposed 118 improvements at that time would not generate employees which were 119 additional to those that operated the Club in 1999, despite that fact that 120 the Club facilities increased from 41,029 to 55,998 square feet for the 121 athletic club, retail, restaurant, meeting and public space. Therefore, the 122 672 square foot conversion from storage to office space that would 123 generate an employee housing requirement of 499 square feet (e.g., 672 124 SF x 3.6811,000 SF x 448 x 45%) shall be debited from the requested 125 2,872 square foot housing credit. Therefore, in accordance to the 126 Municipal Code methods for calculating required employee housing, the 127 Applicant shall not receive credit for previously locating the existing office 128 space in the Capital conference room, as is now proposed to be relocated 129 in the converted storage space, as that office usage was not previously 130 mitigated or accounted for in 1999. In a supplement dated September 15, 131 2009, the Applicant amended their application to debit the employee 132 housing requirement of 499 square feet for the conversion of the storage 133 space to office and lessened the requested amount of housing mitigation 134 credit to 2,373 square feet, which is acceptable. 135 TC Ord 09-14 Page 4 of 7 136 7) According to Section 16A-4-420(2)c, 'Other means' and subsection 2, 137 Land for credits,' of the Municipal Code, the Town Council, at its sole 138 discretion, may grant to the developer employee housing credits in 139 exchange for developable land. Considering such standard, the Applicant 140 represented that they had no need for such employee housing to meet the 141 demands of the Club at this time, and the Applicant requests building the 142 employee housing with the intent to occupy it depending on the demand 143 elsewhere or until new development is proposed, reviewed, approved and 144 built, which arrangement is acceptable subject to the operational 145 restrictions in the attached Exhibit "E" of the Employee Housing 146 Restrictive Covenant. 147 148 Other Core Issues — 149 150 8) The Construction Management Plan appears satisfactory and adequately 151 complies with Ordinance No. 12, Series of 2007. 152 153 9) The proposed application qualifies as a 'Minor Amendment' pursuant to 154 Code Section 16A-5-390(1)b, meaning a one-step review before the 155 Planning Commission and the Town Council, and the amendment 156 satisfactorily complies with the review standards outlined below per 157 Section 16A-5-390(3) as follows: 158 159 a) The proposed amendment is consistent with, or an enhancement of, 160 the original PUD approval; 161 b) The proposed amendment does not have a substantially adverse 162 effect on the neighborhood surrounding the land where the 163 amendment is proposed, nor has a substantially adverse impact on the 164 enjoyment of land abutting upon or across the street from the subject 165 property; 166 c) The proposed amendment would not change the basic character of 167 the PUD or surrounding areas; and 168 d) The proposed amendment acceptably complies with the other 169 applicable standards of this Division 3, Planned Unit Development, 170 including but not limited to Section 16A-5-300(c), General Restrictions, 171 and Section 16A-5-310, Review Standards. 172 173 Section Two: Action. The Town Council hereby grants the approval of the Minor 174 PUD Amendment, subject to compliance with or implementation of the conditions 175 in Section Three of this ordinance. 176 177 Section Three: Conditions. The Town Council makes the following conditions 178 for the Applicant to comply with or implement: 179 180 1) The Applicant shall provide an enhanced parking plan that identifies and 181 includes the addition and installation of a minimum three (3) new parking TC Ord 09-14 Page 5 of 7 182 spaces proximate to the Club as illustrated in attached Exhibit "F" prior to 183 an issuance of a Certificate of Occupancy for the new employee dwelling 184 unit to meet the reasonable demand for parking by visitors and guests of 185 the unit. The applicant shall commit to installing additional future 186 contingency parking as illustrated in attached Exhibit "F" if it is determined 187 that the construction of additional parking spaces beyond the three 188 spaces noted for the new dormitory unit to serve its visitors and guests 189 creates a parking problem within the Club complex. The applicant shall 190 review the parking situation with the Planning Director from time to time 191 during the 2010/11 and 2011/12 ski seasons. While discerning whether 192 the parking demand for the three spaces is related to the employee 193 housing and if it is determined by the Planning Director that the additional 194 parking is needed, the applicant shall promptly install said parking. 195 Should disagreements arise that cannot be resolved between Town Staff 196 and the Applicant, the matter will be referred to the Town Council for final 197 direction and/or determination. 198 199 2) The residents of the new employee dormitory-style dwelling unit shall not 200 be eligible to obtain resident parking permits for the Town public parking 201 lots per the meaning of Section 8-25(1) of the Municipal Code, with the 202 further the understanding that the Applicant would restrict residents in this 203 unit to not having vehicles by lease agreement. 204 205 3) The housing credit of 2,373 square feet shall be utilized solely by the 206 applicant, an affiliate of Snowmass Club Associates, LLC or Aspen Skiing 207 Company LLC for future development projects by November 30, 2019. 208 209 4) If the housing is not fully occupied, the Town shall have the ability to fill 210 unoccupied bedrooms to any qualified Snowmass Village employee on a 211 seasonal basis, as more specifically explained in the Employee Housing 212 Restrictive Covenant in attached Exhibit "E." 213 214 5) As offered by the Applicant, the Applicant shall complete and execute the 215 following agreement and covenant, and on behalf of the Town and prior to 216 execution by a Town official(s), the Town Attorney shall review the 217 following agreement and covenant for acceptable form and content, for 218 recording purposes at the Applicant's expense following final execution 219 prior to the issuance of a Certificate of Occupancy: 220 221 a) Bargain and Sale Deed, with its referenced exhibits; and 222 b) Employee Housing Restrictive Covenant 223 224 6) The Applicant shall complete all actions or matters, which in the opinion of 225 the Planning Director and the Town Attorney, are necessary to satisfy or 226 dispense with the completion, execution and/or recording of all 227 documents, including the agreement and covenant, necessary to TC Ord 09-14 Page 6 of 7 228 implement the conditions of this Ordinance and the requirements of the 229 Municipal Code, prior to the issuance of a building permit or a Certificate 230 of Occupancy, depending on which is more applicable. Should 231 disagreements arise that cannot be resolved between Town Staff and the 232 Applicant, the matter shall be referred to the Town Council for final 233 direction and/or determination. 234 235 7) Following execution, this ordinance and its exhibits shall be recorded, at 236 the Applicant's expense, with the Pitkin County Clerk and Recorder. 237 238 8) Under the direction of the Planning Director, periodic reviews in the field of 239 the construction details associated with the project shall occur as 240 reasonably necessary to determine compliance with the design character 241 standards specified within the PUD approval. The Applicant shall make 242 field adjustments if such adjustments are determined by the Planning 243 Director to be necessary to comply with the PUD Amendment. The 244 Planning Director may refer matters of this type to the Town Council for 245 direction as necessary to ensure consistency with the representations 246 made by the Applicant during the PUD review process. 247 248 9) Certain refinements, modifications, or amendments to the Construction 249 Management Plan may be required by the Town in response to impacts, 250 complaints or concerns which were not apparent at the time application 251 was made. In addition, the Applicant may find it necessary to notify the 252 Snowmass Village Planning Department of necessary additions, 253 modifications, or amendments to the plan during the course of 254 construction. The changes may be permitted with written approval of the 255 Planning Director, who may refer the matter to the Town Council for final 256 determination. 257 258 Section Four: Severability. If any provision of this Ordinance or application 259 hereof to any person or circumstance is held invalid, the invalidity shall not affect 260 any other provision or application of this Ordinance which can be given effect 261 without the invalid provision or application, and, to this end, the provisions of this 262 Ordinance are severable. 263 264 Section Five: Enforcement. Obligations herein this Ordinance shall be binding 265 on the Applicant, its affiliates, successors and assigns. 266 267 INTRODUCED, READ, AND APPROVED, as amended, on First Reading 268 by the Town Council of the Town of Snowmass Village, Colorado on this 2nd day 269 of November 2009, upon a motion made by Council Member Butler and the 270 second by Council Member Lewis, upon a vote of 5 in favor and 0 opposed. 271 272 READ, APPROVED AND ADOPTED on Second Reading by the Town 273 Council of the Town of Snowmass Village, Colorado on this 16th day of TC Ord 09-14 Page 7 of 7 274 November 2009, upon a motion made by Council Member and the 275 second by Council Member upon a vote of _ in favor and 276 opposed. 277 278 TOWN OF SNOWMASS VILLAGE 279 280 281 282 Bill Boineau, Mayor 283 284 ATTEST: 285 286 287 288 Donna J. Garcia-Spaulding, CIVIC 289 Deputy Town Clerk 290 291 APPROVED AS TO FORM: 292 293 294 295 John C. Dresser, Jr., Town Attorney 296 297 298 Attached Exhibits or proposed for insertion or reference thereof 299 300 Exhibits to Ordinance No. 14. Series of 2009, incorporated herein: 301 Exhibit "A" — Vicinity maps 302 Exhibit "B" — Development parameters 303 Exhibit "C" — Selected drawings from the application 304 Exhibit "D" — Bargain and Sale Deed with its exhibits 305 Exhibit "E" — Employee Housing Restrictive Covenant 306 Exhibit "F" — Proposed parking spaces and future contingency parking plan 307 308 309 EXHIBIT "A" Town Council ordinance No. 14, Series of 2009 Page 1 of 3 a M SWSD property rM P GGS P y `4 Tennis C 4vh 8uiiding ooseor'v Location for Phase I proposed employee condominium 1W dormitoay style unit units Vf r Phase 11 fractional units 1 Snowmass Club t t e i i' G7ti nPyq{ JJ 'p1, i I W EXHIBIT r`AT' WA" NO &M"ATM EAmmeff Town Council Ordinance No. 14, Series of 2009 Page 2 of 3 1 L 1 t muE Pow OF mYNN/NG LOT F BOOK 543. PAGE 53 Wo l 9esr`` OO?''ly LOT 2 a3 r za' yAPEPR(% S ITARY U 46W LOB 8V 16 "MV CRO54 1 !' G2 ---------30' SNOWMASS 'yV M ELTWO! PAC em // '1/ p '` wARR ANO SANITATION d//!1 aF3 r { ` DM'DiSMOT TT 1 I V r 2Sr ZRCAH D 5"IU+nAnW OSI TIT"' 4 Y,;, J^ r PE N1 W 6W AZ8WITA'RON y p7'.Wr T arx PIAT $710WWW 99tlN! $ s +rya i 1 ON.E;, T v/ly r SS E)t A D MMA55 I PER'RECURDEO PLATDl9WV EASEMENTn G,IJt{40 SAIB SM JR3. PAa 773 .. PAD r 3 AR x CIRCLE t51£ 17 or PB. . CREEK I SNJ U eER RECORDED PuT d! / L=277.05' LUT OF EASM F"O BENT R+425-W' KKi YEAR FLOW o p REBAR 37 2100`or& m C.RiI 0 e' CM=S80'28'46'V PO RECORDED N 272.17' UTA)YY EASENENI La:279.32' n EXHIBIT "k Town council I Ordinance No. 14, Series of 2009 TMMAII +a' Page 3 of 3 I y 7 e TarAL PAFA=L 4 CM SPACR bA!krw(01111 VV- V IN- tNUMSU ww ue I \ r qr EXHIBIT "B" Town Council Ordinance No. 14, Series of 2009 Page 1 of 3 Summary of the proposed changes Snowmass Club Employee housing Minor PUD Amendment Adding a 10-bedroom dormitory style, seasonal employee housing unit with common area on the second level exterior deck space all containing 2,872 square feet above the Club building's loading and service area, which is next to the tennis structure. The applicant is seeking a mitigation credit for the housing. Expanded dining/locker room facilities of 511 square feet for the existing employees. Converting 672 square feet of existing storage space into office space, also on the second level of the Club building, requiring 499 square feet of employee housing. Housing mitigation credit granted for 2,373 square feet, assigned to the future Elk Camp Restaurant redevelopment on Snowmass Mountain. Employee housing restricted to no resident vehicles on the site. Adding 3 parking spaces for guest and visitors of new units; 2 future contingency spots. Updated Land Uses and Development Parameters Parcel 4, Lot 1 Snowmass Club Phases I and II Replat Updates bolded) 1. The Snowmass Club Phases I and II Replat, Lot 1, is a re-plat of Parcel 4 of the Snowmass Club Subdivision, as recorded in Plat Book 52 at page 79 County of Pitkin and Plat Book 55, Pages 15-25 County of Pitkin. 2. Lot 1 was increased from one to two employee dwelling units. The initial unit was constructed in Phase I of the Snowmass Club P.U.D. Amendment and is managed and owned by SCA. The Snowmass Club Phase II P.U.D. Amendment restricted by covenant the initial dwelling unit pursuant to Ordinance No. 3, Series of 2002, approving the Snowmass Club Phase II Final P.U.D. Amendment. The second employee unit containing 10 seasonal dormitory-style bedrooms shall be restricted pursuant to Ordinance No. 14, Series of 2009, and its Employee Housing Restrictive Covenant. 3. Lot 1 Land Uses and Development Parameters (updates bolded): Lot Size: 18.854 acres more or less Permitted uses: Athletic Club, Restaurant, Tennis Complex, Child Care Facility, Offices, Restricted Housing*. Number of Units: 2 EXHIBIT "B" Town Council Ordinance No. 14, Series of 2009 Page 2 of 3 Unit Size: 1,691 square feet for the initial unit; 2,872 square feet for second unit on the second level Note: The proposed addition of 3,383 gross square feet represents roughly 3% of the total floor area in Parcel 4 of 110,787 square feet or 6% of the Club floor area to 55,998 square feet that includes the athletic club, retail, restaurant, meeting and public space on Lot 1 of Parcel 4; Also, with conversion of 672 SF of office space, only 2,373 SF was allowed for an employee housing mitigation credit) Number of Outdoor Tennis Courts: 11 Outdoor court Surface Area: 158,000 square feet more or less Existing Tennis Pro Shop: 1,000 square feet more or less Number of Indoor Tennis Courts: 2 Tennis Building Site Coverage: 15,368 square feet more or less Maximum Tennis Building Height: 44 feet above grade and 10 percent of the structure may exceed 44 feet with a maximum height of 48 feet Athletic Club and Restaurant Site Coverage: 24,500 square feet more or less Open Space Percentage:95.0 percent more or less Athletic Club and Restaurant Parking: 56 Spaces Club Surface Parking Area: 15,000 square feet more or less North Surface Parking: 40 Spaces Additional Parking: 3 spaces to be installed; 2 for future continency EXHIBIT "B" Town Council Ordinance No. 14, Series of 2009 Page 3 of 3 North Surface Parking Area: 10,800 square feet more or less, including the 3 additional spaces or the 2 future contingency spots Roadways and Driveways Surface Area: 45,200 square feet more or less Landscaped Area:551,412 square feet, not including the 3 additional spaces or the 2 future contingency spots Additional Requirements: Vertical articulation in the east and west elevations will be provided and shadow lines will be incorporated into the roof details. According to the Schedule of Uses in the Land Use Code, 'Dormitory' style units are most typically an allowed usage, or by special review, in Mixed-Use PUD, a Mixed-Use, or Multi- Family zone districts. EXHIBIT "C" Town Council Ordinance No. 14, Series of 2009 Page 1 of 2 Ll r I b I• I sRs f I I I t D SECOND FLOOR Snowmass Club 1 F+ PLAN N iv m Aspen Skiing Company an*a • nl 0239 Snowmass CIu6 Circle,Snowmass,CO 81615 i EXHIBIT "C" Town Council Ordinance No. 14, Series of 2009 Page 2 of 2 D------------ II II D 00 BUILDING ELEVATIONS Snowmass Club Aspen Skiing Company amh - 0239 Snowman Oub Circle,Snowmass,CO 81615 EXHIBIT "D" Town Council Ordinance No. 14, Series of 2009 Page 1 of 5 Recording Requested By: Snowmass Club Associates, LLC Upon Recording Return To: Town.of Snowmass Village Housing Department 555 Deerfield Drive Snowmass Village CO 81615 BARGAIN AND SALE DEED SNOWMASS CLUB ASSOCIATES,LLC, a Colorado limited liability company, whose address is PO Box 1248, Aspen CO 81612, for Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby sells and conveys to the Town of Snowmass Village Housing Department, whose address is 555 Deerfield Drive, Snowmass Village CO 81615,the following real property in Pitkin County Colorado: a one percent (.01) interest in a portion of Lot 1, Parcel 4, Snowmass Club P.U.D. as more particularly described in the attached Exhibit A, incorporated herein by this reference; together with all appurtenances thereto; and subject to those covenants, agreements and reservations set forth the attached Exhibit B attached hereto and incorporated herein by this reference. OCT 19 2009 0'10WMasa vniage Dated: 2009 Community Development SNOWMASS CLUB ASSOCIATES,LLC A Colorado Limited Liability Company By: Aspen Skiing Company, L.L.C., A Colorado Limited Liability Company By: David E. Bellack Senior Vice President 100141686.DOC/2121 EXHIBIT "D" Town Council STATE OF COLORADO } Ordinance No. 14, Series of 2009 ss Page 2 of 5 COUNTY OF PITKIN The foregoing instrument was acknowledged before me this_ day of 2009, by David E. Bellack, as Senior Vice President of Aspen Skiing Company, L.L.C., as sole Member of Snowmass Club Associates, LLC. My commission expires Witness my hand and official seal. Notary Public AGREED AND ACCEPTED subject to those covenants, agreements and reservations set forth on Exhibit A attached hereto and incorporated herein by this reference. TOWN OF SNOWMASS VILLAGE HOUSING DEPARTMENT By: Joe Coffey OCT 19 2009 STATE OF COLORADO ) o wWmaaa 'wage ss Community Development COUNTY OF PTTKIN The foregoing instrument was acknowledged before me 200_,by Joe Coffey, as of the Town of Snowmass Village Housing Department. My commission expires Witness my hand and official seal. Notary Public 100141686.DOC/212) EXHIBIT "D" Town Council Ordinance No. 14, Series of 2009 Page 3 of 5 Exhibit A to Bareain and Sale Deed Exhibit A will be provided post project completion and will include a survey of Parcel 4/1-ot 1 and the newly constructed employee housing unit to further clarify the 1% ownership interest. OCT 19 2009 uvnluaap uil LLyyb Community Development EXHIBIT "D" Town Council Ordinance No. 14, Series of 2009 Page 4 of 5 Exhibit B to Bargain and Sale Deed 1.The Town's ownership ofa one percent interest in a portion of Lot I as shown in Exhibit A ("Lot I") only gives the Town the right to enforce the covenants and restrictions contained in the Employee Housing Restrictive Covenant(L.ot 1) recorded as Reception No. in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Housing Agreement"). 2.The record owner of the remaining interest in Lot 1 shall have full right and authority to manage, lease or mortgage Lot 1 from time to time to any person and on any terms the owner may consider appropriate, provided that any such lease or mortgage shall be subject to the Town's one percent ownership interest in Lot I for purposes of enforcement of the Housing Agreement. Any lease of the employee housing rental units on Lot 1 shall be subject to the terms and conditions of the Housing Agreement, and with respect to such leases, the record owner of the remaining interest in Lot 1 shall not be obligated to obtain the prior written consent or approval of the Town of Snowmass Village, Colorado. Any other lease will require the prior written consent or approval of the Town of Snowmass Village, Colorado, which consent or approval will not be unreasonably withheld or delayed. Any mortgage or deed of trust proposed by the record owner of the remaining interest in Lot 1 will require the prior written consent or approval of the Town of Snowmass Village, Colorado, which consent or approval will not be unreasonably withheld or delayed. 3. The record owner of the remaining interest in Lot 1 shall be obligated to maintain in force and effect at all times casualty insurance on Lot 1 in the amount of the full insurable value of Lot 1 from time to time, and to provide evidence of such insurance coverage to the Town upon request. 4.The Town shall have no liability to third persons arising solely out of its ownership interest in Lot 1, and the record owner of the remaining interest in Lot 1 hereby agrees to indemnify, defend and hold harmless the Town from and against any and all claims, liabilities, damages, costs and expenses that the Town may suffer or incur arising solely out of its ownership interest in Lot 1. 5. The Town shall be obligated to re-convey its one percent interest in Lot 1 to the then-record owner of the remaining interest in Lot 1 if and when the Colorado legislature passes a law that legalizes the imposition of rent restrictions in the manner set forth in or a manner similar to that set forth in the Housing Agreement. This obligation shall remain effective for the period of the lives of David E. Bellack and Mike Kaplan and their now living children plus 21 years. Upon any such re-conveyance, Lot 1 shall remain subject to the terms and provisions of the Housing Agreement. 6.The Town shall have the unilateral right (i) to convey its interest in Lot 1 to a housing authority if one is ever formed by the Town, and/or(ii) to re-convey its interest in Lot 1 to the record owner of the remaining interest in Lot 1. Otherwise, the Town shall not transfer or encumber its interest in Lot 1.p , 100141686.DOC 1 2121 lur,C'.1.1 OCT 19 2009 OIIVVhh'JJ aiage Community Development EXHIBIT "D" Town Council Ordinance No. 14, Series of 2009 Page 5 of 5 7.These covenants and restrictions shall be binding upon and inure to the benefit of record owner of the remaining interest in Lot 1 and the Town of Snowmass Village, Colorado and their respective successors and assigns, and shall be deemed covenants running with the title to Lot 1. R OCT 19 2009 AuUWnIds> .w"ya Community Development 00141686.DOC/2121 EXHIBIT "E" Town Council Ordinance No. 14, Series of 2009 Page 1 of 4 Recording Requested By: Snowmass Club Associates, LLC Upon Recording Return To: David E. Bellack N n Aspen Skiing Company P.O. Box 1248 OCT 19 2009AspenCO81612 rss Village Community DevelopmentEMPLOYEEHOUSINGRESTRICTIVECOVENANT SMC Parcel 12, Lot 1) THIS COVENANT (the "Agreement") is made and declared by SNOWMASS CLUB AssoctATEs,LLC, a Colorado limited liability company, whose address is PO Box 1248, Aspen CO 81612, hereinafter referred to as "SCA", for the benefit of the Town of Snowmass Village, Colorado, a home rule municipal corporation, hereinafter referred to as the "Town." WITNESSETH: WHEREAS, SCA is the owner of certain real property situate in the Town of Snowmass Village, County of Pitkin, State of Colorado located on Parcel 12, Snowmass Club Replatting of Parcel 4 and Parcel 12 filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado in Plat Book 52 at Page 79 (the "SCA Property"): WHEREAS, in conjunction with the approval of Ordinance No. _, Series of 2009, SCA (the "Owner") offered and agreed to restrict the use of a portion of Lot 1, Parcel 4 of the SCA Property to the sole use of employee housing, which portion of Lot 1 is depicted on the attached Exhibit A, incorporated herein by this reference; and WHEREAS, Owner has offered and agreed that the beneficiary of the restriction on use is the Town; and WHEREAS, Owner desires to restrict the use of a portion of said Lot 1 for the benefit of the Town on the terms and conditions as hereinafter set forth; WHEREAS, the development project consists of 10 employee housing bedrooms each a "Unit" and collectively the "Units") and associated common areas and bathrooms with a minimum square footage of 2,872 s.f. located on the second floor of a portion of the Snowmass Club on the SCA Property, with no free market housing(the "Project") and no parking; i 00139977.DOC 151 1 EXHIBIT "E" Town Council Ordinance No. 14, Series of 2009 Page 2 of 4 NOW,THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other good and valuable consideration, the receipt and adequacy of which are acknowledged by Owner, Owner hereby covenants as follows: 1. Seasonal Housing. Aspen Skiing Company employees who work in the Town will have primary use rights for the seasonal housing Units in the Project. If seasonal housing beds are available after the primary use rights of the Aspen Skiing Company have been accommodated, the seasonal housing beds will become available to any Town employee on a seasonal basis pursuant to the Town Housing Office Policies and Procedures as may be in effect from time to time. 2. Additional Restrictions. The Project and priority for availability of seasonal housing within the Project shall also be restricted to: (i) employees within the Town; (ii) employees within Pitkin County, Colorado; and then (iii) other employees, such as but not necessarily limited to, employees or students of profit or nonprofit organizations, provided they are not housed for short-term occupancy. 3. Enforcement. If Owner is in default in the performance of Owner's obligations, the Owner shall have the right to cure said default within thirty (30) days after written notice is given by the Town to the Owner specifying the nature of the default. If the Owner does not timely cures such default after written notice is given from the Town to the Owner, then the Town shall be entitled to seek such relief as may be necessary and appropriate to cure such default. The Town shall be entitled to full reimbursement for the reasonable costs involved in any such action, including reasonable attorney fees and costs of suit. Any written notice required to be given to Owner shall be given by first class mail, postage prepaid, to the following addresses: If to SCA: Paul Cherrett SNOwMASS CLUB AssoclAns,LLC P.O. Box 1248 Aspen, Colorado 81612 y With a copy to: David E. Bellack, Senior Vice President ASPEN SKIING COMPANY OCT 19 2009P.O. Box 1248 o w.ru aoa vNe eAspen, Colorado 81612 Community Development Owner may notify the Town in writing of any change in address to which notices to the Owner shall be given. Town may notify the Owner in writing of any change in address to which notices to the Town shall be given. 4. Amendment. This Agreement and any exhibits may only be amended by written instrument signed by the Town and the Owner. 100139977.DOC/51 2 EXHIBIT "E" Town Council Ordinance No. 14, Series of 2009 Page 3 of 4 5. Binding. This Agreement shall De omamg upon auu inure to the benefit of the Town and the Owner, and their respective successors and assigns. 6. Complete Agreement. This Agreement constitutes the entire and complete agreement of the parties on the subject matter dealt with herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction herein contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are embodied and merged into this Agreement. Any modification or amendment must be in a written form and executed in the same manner as this Agreement. IN WITNESS WHEREOF, Owner has caused this Employee Housing Restrictive Covenant to be signed by its Member. SNOWMASS CLUB ASSOCIATES, LLC By: Aspen Skiing Company, LLC, By: David E. Bellack 1 Senior Vice President OCT 19 2009 STATE OF COLORADO tlye ss Community Development COUNTY OF PITKIN The foregoing instrument was acknowledged before me this_day of 2009 by as for Aspen Skiing Company, as sole Member of Snowmass Club Associates, LLC, WITNESS MY HAND AND OFFICIAL SEAL My Commission Expires: Notary Public 100139977.DOC/51 3 EXHIBIT "E" Town Council Ordinance No. 14, Series of 2009 Page 4 of 4 Insert for Exhibit "A" Employee Housing Restrictive Covenant OCT 19 2009 oowweidss village Community Development 100139977.DOC/51 4 Exhibit "F" Town Council Ordinance No. 14, Series of 2009 Page 1 of 3 f SWSD 1 4 t. C 44Tennis opse Bldg base \ y w c'^a cd aY;n Ptah AiS Q v lcti5 u `) ry Snowmass Club Minor PUD Amendmei Employee Housing addition Added Parking- overall site plan a r a r 11 • O Q1 Q i y! ij h"'fir 7">s••, St WO la-w Snowm .. Mb Minor PUD Am endment a Employee Housing addition Contingency parking Pill M CY0 It C* 0 0 6 IN It ca111M MW vM01 4b to AP 4A I PP ro' V MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: November 16, 2009 SUBJECT: Extension of Development Moratorium I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: First Reading of an Ordinance extending the moratorium for six months to June 30, 2010. II. SUMMARY OF PROJECT The moratorium expires on December 31, 2009 but it appears that the Comp plan review and Code review will not be complete by that date. Council may extend the moratorium by a duly adopted ordinance. III. BACKGROUND A. Ordinance 21 of 2007 enacted the moratorium. B. Ordinance 5 of 2008 extended the moratorium to July 31, 2008. C. Ordinance 10 of 2008 extended the moratorium to December 31, 2008. D. Ordinance 16 of 2008 extended the moratorium to June 30, 2009. E. Ordinance 7 of 2009 extended the moratorium to December 31, 2009. IV. APPLICABLE REGULATIONS n/a V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV extend the moratorium to allow time to complete the review of the comp plan and Code? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council discuss and determine the course of action of this Ordinance at First Reading November 16, 2009. Staff feels that six months is sufficient time to complete the work ahead on the comp plan and possible Code revisions. Options include: approve, amend or deny at First Reading. I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 21 5 SERIES OF 2009 6 7 8 AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE 9 ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING 10 DEVELOPMENT APPROVAL FOR REAL PROPERTY LOCATED IN THE 11 WEST VILLAGE COMPREHENSIVELY PLANNED AREA AND FARAWAY 12 RANCH NORTH COMPREHENSIVELY PLANNED AREA FOR A PERIOD OF 13 SIX MONTHS 14 15 WHEREAS, the Town of Snowmass Village has undertaken a targeted 16 review and update of the Comprehensive Plan; and 17 18 WHEREAS, the review and update of the Comprehensive Plan is targeted 19 in order to comprehensively plan for the remaining commercial areas of the Town 20 and review and update other areas of the Comprehensive Plan as needed; and 21 22 WHEREAS, in conjunction with the review and update of the 23 Comprehensive Plan, the Town Council desires that the Planning Department 24 conduct an analysis and assessment of Chapter 16A of the Snowmass Village 25 Municipal Code in order to provide Town Council with a review of the existing 26 land use code and regulations as they affect land use and development in the 27 Town, specifically in the West Village Comprehensively Planned Area ("CPA") 28 and the Faraway Ranch North CPA; and 29 30 WHEREAS, the Town Council upon completion of the targeted review and 31 update of the Comprehensive Plan and report of the Planning Department 32 regarding the existing Chapter 16A of the Snowmass Village Municipal Code 33 shall consider amendments to the Comprehensive Plan and Chapter 16A; and 34 35 WHEREAS, the Town Council has enacted and subsequently extended a 36 moratorium that currently expires on December 31, 2009 for land use 37 applications in the West Village CPA and Faraway Ranch North CPA to enable 38 reasoned discussion and action regarding the targeted review and update of the 39 Comprehensive Plan and allow full and complete discussion of any amendments 40 to the Comprehensive Plan and the Chapter 16A of the Municipal Code; and 41 42 WHEREAS, the Town Council has determined that it is prudent to review 43 any future land use applications after the completion of the targeted review and 44 update of the Comprehensive Plan and review of Chapter 16A of the Municipal 45 Code and the reasonable estimate of the time to complete such actions was six 46 months, however, more time is needed to complete the reviews of the Plan and 1 47 Code and another six months seems a reasonable time to complete said 48 reviews; and 49 50 WHEREAS, Ordinance 21, Series of 2007 provides that the moratorium 51 may be extended by a duly adopted ordinance of the Town Council; and 52 53 WHEREAS, Town Council has determined that it is necessary to extend 54 the duration of the moratorium in order to provide the time necessary to: conduct 55 a review and update of the Comprehensive Plan, to prepare an analysis and 56 assessment of all current land use regulations, and to allow time for the Town 57 Council, Town Staff and the citizens of Snowmass Village to consider 58 amendments, if necessary, to the Comprehensive Plan and Land Use Code of 59 the Town of Snowmass Village. 60 61 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the 62 Town of Snowmass Village as follows: 63 64 1. That the temporary moratorium on land use applications 65 enacted by the Town Council by Ordinance 21, Series of 2007 66 is hereby extended to June 30, 2010. 67 2. That all other terms of Ordinance 21, Series of 2007 shall 68 remain in full force and effect through the period of this 69 extension. 70 3. If any provision of this Ordinance or application hereof to any 71 person or circumstance is held invalid, the invalidity shall not 72 affect any other provision or application of this Ordinance which 73 can be given effect without the invalid provision or application, 74 and, to this end, the provisions of this Ordinance are severable. 75 76 INTRODUCED, READ, APPROVED AND ADOPTED, on First Reading 77 by the Town Council of the Town of Snowmass Village on November 16, 2009 78 upon a motion by Council Member the second of Council 79 Member and upon a vote of _ in favor and _ 80 opposed. 81 82 INTRODUCED, READ, APPROVED AND ADOPTED, on Second Reading by 83 the Town Council of the Town of Snowmass Village on December 7, 2009 upon 84 a motion by Council Member the second of Council Member 85 and upon a vote of_ in favor and _opposed. 86 87 TOWN OF SNOWMASS VILLAGE 88 89 90 91 Bill Boineau, Mayor 92 2 93 94 ATTEST: 95 96 97 98 Rhonda B. Coxon, Town Clerk 99 100 101 102 APPROVED AS TO FORM: 103 104 105 106 107 John C. Dresser, Jr., Town Attorney 108 3 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: NOVEMBER 16, 2009 JAS Update Staff anticipates providing an update to the Council on discussions with JAS after their Board meeting that occurred on November 6,7, and 8'". Related West Pac/Viceroy Update Staff is actively conducting inspections of both Sinclair and the Viceroy. In addition, Related is working on the payment of bills and the Town is reconciling bills between the Town and Related West Pac. Staff anticipates providing Council an update on progress with both Sinclair Meadows and Viceroy on November 16, 2009. Tree Protection See Memorandum on Tree Protection options that is attached. Grant Request History Town Council had requested some Grant History for the last two years on who requested a Grant from the Town and who received a Grant from the Town. You also requested information on our Grant guidelines and the criteria the Citizen Grant Review Board uses. Please refer to the information attached: A" is the Criteria used by the Board B" is the Guidelines use by the Board C" 3 pages of last year Charitable Services only requested amount and approved D" 5 pages of two years ago Charitable Service and Cultural Arts requested and approved E" 2009/2010 Requests Thanksgiving Schedule The Town Hall is planned to be closed for November 251" and 26'". Police, Transportation, Road, and Solid Waste Services will be operating on these two days. Pending Strategic Actions Last Updated —November 10, 2009 Staff Action Status Date to follow-up w/ Contact I I I Council Land Use Comp. Plan Comprehensive Completed Comp Plan sent to the Staff proposing Team Plan Update professional technical editor. Final edit being public outreach completed and then sent to Winton for throughout the month production. of December. John Dresser Demolition Council asked that an ordinance be prepared December 7, 2009 to provide a period of time to review demolition permits before demolition of a building occurred. Council agreed that staff should develop language for future PUDs to identify critical integral components of a PUD that must continue to exist over time. In addition, John Wilkinson requested that staff bring back a landmark ordinance for discussion in the future. Russ Forrest Tree Ordinance Frame goals and provide alternative November 16, 2009 approaches to tree protection. Staff has several ordinance examples available for Council. Trees on single-family lots are protected through the Snowmass HOA, which does regulate tree removal. Most PUDs in Snowmass have Landscape Plans that provide some level of protection from tree removal. Other Land Use Other Land Use Code Improvements should Code Issues also be considered with the completion of the Comprehensive Plan. Staff would recommend having a work session with Council to review potential code changes. Housing Housing Draw Site/Land On February 17 the Town Council asked that Revisit in Summer of Department Inventory a Land Inventory to identify potential housing 2010 sites be completed after the Town completes its budget process for 2010. On November 2, 2009 the Council directed staff to take no action on this topic other than to continue identifying sites that should be further investigated. Council asked that this project be revisited in the summer of 2010. Housing Housing Policy The consultant has completed a rational Department nexus study and can begin to work with the December 20, 2009 Town on a new housing The Plannin Commission is also reviewing housing goals as part of the Comp. Plan review. Staff will schedule two agenda items based on the input from Council on October 6 (these could be on the same dates)which would be 1) policy discussion to modify the current land use code related to affordable housing; and 2) a review of deed restriction policy. Housing Excise Tax Schedule a work session to discuss the January 2010 Excise Tax and its application Joe C Natural Disasters On 11/3/08 Council asked that staff further December 7, 2009 Terri and Cost evaluate criteria for allowing some costs from Everest) Recovery in Deed property damage incurred by natural disasters Restricted For in deed-restricted homes to be recovered Sale Housing upon the resale of the home. Examples of criteria discussed included: cap on recovery based on a % (percent) value of the home and requirements for comprehensive insurance. Other Russ and Negotiate access Direction has bee provided to staff to John easement for negotiate for an easement. Skittles TO: Snowmass Village Town Council FROM: Russell Forrest, Town Manager SUBJECT: Tree Protection DATE: November 16, 2009 1. PURPOSE Staff was asked to research options for improving the protection of trees in Snowmass Village. Concern was expressed over the incident in Glenwood Springs where a property owner removed a number of large trees in a mobile home complex. The purpose of this discussion is to determine if the Town Council would like staff to prepare a Tree Ordinance and if so what type of tree ordinance should be prepared. Options for tree protection are provided in the next section of this memorandum. 2. OPTIONS FOR CONSIDERING A TREE PROTECTION POLICY Three options are provided below for the Council's consideration. Further discussion may be required if Council chooses to direct staff to draft an ordinance. Option 1 Maintain Status Quo: Before evaluating options to address this policy issue, it should be recognized that the Snowmass Village Homeowners Association currently requires all single-family homes (except for those in Melton Ranch which are not in that HOA) to receive Design Review Board approval before a tree is cut. This does not protect multi-family projects that are not part of that HOA. However, most of the commercial areas within Snowmass Village and most of the multi-family properties in Snowmass Village are located in Planned Unit Development (PUDs). For each PUD there is an approved landscape plan. Removal of trees in a PUD which would create a conflict with the approved landscape plan could be considered a violation of the PUD and a violation of the Land Use Code. Option 2 Simple Tree Removal Policy: A second option would be to create a simple code provision that limits the removal of live trees in Snowmass Village. In this ordinance either Town Staff or a board would review applications to remove a specimen tree (specimen tree requires a definition). An ordinances may also consider mitigation remedies if tree removal is allowed whether it's the replacement of trees or a "pay in lieu" fee. Unintended consequences of this type of ordinance are that it may unduly prevent the removal of a tree which is sick or dying or in danger of damaging property. This type of policy does generate staff time to review applications for tree removal and determine mitigation. If this approach was considered by the Council, staff would want to know if mitigation or a pay-in-lieu option for mitigation was acceptable. Also staff would recommend that this is an administrative application process approved or denied by staff and appealable to the Planning Commission. The following is an example of a limited tree protection ordinance. It should be noted that this example in that jurisdiction was critized for lacking criteria for approving or not approving tree and or vegetation removal. Simple Example from Vail Colorado 12-11-3: DESIGN APPROVAL: A.Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening and landscape maintenance shall be exempt from this provision. Option 3 Comprehensive Tree Policy: Communities can adopt a comprehensive tree protection ordinance that would require Town approval of the removal of all or specimen trees and require protection of trees during any construction activity. This type of ordinance usually requires tree protection plans which are reviewed and approved by the jurisdiction prior to construction. It typically involves trained staff to review plans and enforce the ordinance. Creating a more comprehensive policy would require additional work sessions to evaluate specific policy questions and receive public input. Primary questions that would need to be answered in creating a comprehensive tree ordinance include; Purpose: What is the purpose and goal of the ordinance: Some communities simply want to protect trees on public land while others want to protect specimen trees which need definition on private and public lands. Other communities focus on maintaining a percentage tree cover on a parcel of land. Definitions: Definitions would need to be developed for key terms such as specimen trees ect. What to Protect and How to Protect it: Specific standards for tree protection would need to be developed to protect trees. Regulations may be desired to develop standards for protecting trees during the construction process i.e. creating a fence line around the drip line of trees ect. Process: An administrative process would need to be created to review and consider applications for tree removal or the protection of trees in a construction process. Mitigation would need to be determined for impacted trees. Specific criteria for decisions would be needed for making either administrative decisions or board decisions on a tree application. Exempt Activities: Exempt activities would need to be considered such as tree removal for utility work and or protection of property. The Pine Beetle problem is also making many communities re-work tree protection policies in the Rocky Mountains. Financial resources: Regulating a comprehensive tree ordinance creates new applications, administrative costs, and costs for enforcement. Staff would want to calculate the cost to administer this type of policy. It would be anticipated that a contract arborist may be needed to help review applications and assist with enforcement. Staff would develop a proposed fee to offset this cost. CONTRACT SERVICES POLICY W 4 lop The Town of Snowmass Village contracts with non-profit agencies and organizations to provide services to residents, guests, and employees of the Village. Funding for these services is provided through the annual budget process of the Town and is subject to fluctuations from year to year depending upon economic conditions and priorities of the Town Council. Funding for one year is not an indication or commitment of future funding. This program is intended to: Actively promote the Snowmass Village Aspiration as stated below; Advance the health, safety and well being of village residents, guests and employees, especially disadvantaged and underserved populations; Enhance the experience of living, working and visiting the community. In order to accomplish these goals the Town contracts with organizations and agencies which: Provide services the Town does not provide; Leverage the Town's dollars with other local, state, federal, and private dollars; Have an established track record of successfully providing the services offered. The Town requires that contractors: Provide direct, measurable services; Use Town funds for direct costs of contracted services, not for regular staff positions; Provide annual reporting on services rendered and evidence of contract compliance. OUR VILLAGE ASPIRATION 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 a part of a memorable Aspen\Snowmass experience. Further, we wish to be seen by others as welcoming, dynamic, convenient, and successful. We will always be responsible stewards of our environment, economy, and society. When successful, Snowmass Village will have achieved the quality of life and economic vitality that will assure our future as a sustainable resort community. This Policy for contract services was implemented in 2003 i GRANT FUNDING GUIDELINES 1. Grant applicants should be not-for-profit projects, groups, and organizations. 1 2 3 4 5 2. Funding for organizations that evidence sound fiscal management and integrity. 1 2 3 4 5 3. Funding applicants who measurably meet the needs of the Snowmass Village community. 1 2 3 4 5 4. Funding for groups which evidence long-term stability. 1 2 3 4 5 5. Applicants are encouraged to apply for funding of innovative projects and activities, in addition to their management or operating budgets. 1 2 3 4 5 6. Applicant input will be limited to the grant application. Lobbying of Committee members and/or Town Council during the grant review and approval process is highly discouraged. 1 2 3 4 5 p\sha red\clerk\boards\g rants\Brd.fundg.g u ideli nes09 GRANTS- AT- A- GLANCE CHARITABLE & SERVICE ORANIZATIONS ED ONly FOR: 2008/ 2009 BUDGET a'guI f3 CHARITABLE & 2009 2009 CGRB 2009 2008 2007 2006 2005 SERVICE Request Recommend Approved Approved Approved Approved Approved ORGANIZATIONS 1. Alpine Legal Services 3, 000. 00 2, 000. 00 2, 000. 00 2, 000. 00 2, 000. 00 1, 500. 00 1, 000. 00 FKA: Roaring Fork Legal Service Aspen Aspen Camp Aspen Camp Camp for for the Deaf for the Deaf the Deaf 5, 000. 00 3, 000. 00 5, 000. 00 Aspen Institute 1, 000. 00 Aspen Valley Community Foundation 1, 000. 00 3, 000. 00 2. Aspen Affiliate of 15, 000. 00 0- 0 N/ A N/ A N/ A N/ A Susan G. Komen for the Cure 3. Aspen Camp of the 5, 000. 00 500. 00 500. 00 N/ A 5, 000. 00 5, 000. 00 3, 000. 00 Deaf& Hard of Hearin 4. Aspen Counseling 3, 000. 00 3, 000. 00 3, 000. 00 3, 000. 00 N/ A 3, 000. 00 N/ A Center 5. Aspen Public Radio 5, 000. 00 0- 0- 500. 00 N/ A N/ A 3, 500. 00 6. Aspen Youth Center 6, 000. 00 4, 250. 00 4, 250. 00 4, 500. 00 4, 500. 00 4, 500. 00 N/ A 7. Aspen Youth 4, 000. 00 0- 0- 3, 000. 00 3, 000. 00 N/ A 1, 800. 00 Experience 8. Buddy Program 3, 500. 00 0- 0. 2, 500. 00 2, 500. 00 2, 500. 00 l^ v G RANTS- AT- A- GLANC E CHARITABLE & SERVICE ORANIZATIONS FOR: 2008/ 2009 BUDGET Page 2 of 3 CHARITABLE & SERVICE 2009 2009 CGRB 2009 2008 2007 2006 2005 ORGANIZATIONS Request Recommend Approved Approved Approved Approved Approved 9. Catholic Charities 2, 500. 00 2, 000. 00 2, 000. 00 2, 000. 00 2, 500. 00 2, 500. 00 2, 000. 00 10. Challenge Aspen 6, 000. 00 0- 0- 2, 000. 00 2, 000. 00 N/ A 3, 500. 00 11. C. H. I. L. L. 2, 000. 00 1, 000. 00 1, 000. 00 N/ A 2, 000. 00 2, 000. 00 2, 000. 00 12. Community Health 7, 000. 00 0- 0- N/ A N/ A N/ A N/ a Initiatives/ Pathways Adolescent Treatment 13. Community Health 20, 000. 00 15, 000. 00 15, 000. 00 15, 000. 00 15, 000. 00 15, 000. 00 10, 500. 00 Services C. H. I. L. C. O. R. E. C. H. I. L. 2, 000. 00 2, 500. 00 2, 000. 00 C. H. I. L. 2, 000. 00 14. Forest Conservancy 3, 500. 00 0- 0- 2, 500. 00 2, 000. 00 N/ A N/ A 15. Independence Pass 2, 500. 00 0- 0 2, 000. 00 1, 500. 00 1, 750. 00 1, 500. 00 Foundation 16. Little Red 16, 120. 00 12, 500. 00 12, 500. 00 15, 345. 00 11, 000. 00 10, 000. 00 10, 000. 00 Schoolhouse ( Add' I Request- Bus Service) 17. Pathfinders 13, 000. 00 3, 000. 00 3, 000. 00 3, 000. 00 N/ A N/ A N/ A 18. Pitkin County Senior 5, 000. 00 5, 000. 00 5, 000. 00 4, 000. 00 4, 000. 00 3, 500. 00 3, 500. 00 Services 19. Project Graduation 1, 000. 00 1, 000. 00 1 1, 000. 00 1, 000. 00 1, 000. 00 1, 000. 00 N/ A GRANTS- AT- A- GLANCE CHARITABLE & SERVICE ORANIZATIONS FOR: 2008/ 2009 BUDGET Page 3 of 3 CHARITABLE & SERVICE 2009 2009 CGRB 2009 2008 2007 2006 2005 ORGANIZATIONS Request Recommend A roved Approved A roved Approved Approved 20. Reach Out and Read 500. 00 0- 0- N/ A N/ A N/ A N/ A Colorado 21. Response 4, 500. 00 3, 250. 00 3, 250. 00 4, 000. 00 4, 000. 00 3, 500. 00 3, 500. 00 22. Roaring Fork 3, 000. 00 0- 0- 1, 000. 00 1, 000. 00 N/ A N/ A Avalanche Center 23. Roaring Fork 2, 000. 00 0- 0- N/ A N/ A N/ A N/ A Conservancy 24. Roaring fork 2, 000. 00 0- 0- 1, 000. 00 1, 000. 00 1, 000. 00 500. 00 Leadership 25. Semi- Professional 2, 800. 00 0- 0- N/ A N/ A N/ A N/ A Scientists 26. Snowmass Western 5, 000. 00 0- 0- 3, 500. 00 4, 450. 00 5, 000. 00 3, 000. 00 Heritage Assn. 27. Spellbinders 2, 000. 00 0- 0- 1, 000. 00 1, 000. 00 1, 000. 00 N/ A 28. The Thrift Shop 10, 000. 00 0- 0- 5, 000. 00 N/ A N/ A N/ A 29. Valley Partner for 8, 500. 00 5, 000. 00 5, 000. 00 4, 000. 00 7, 500. 00 6, 000. 00 4, 000. 00 Drug Prev. 30. Wilderness 2, 000. 00 0- 0- 1, 000. 00 N/ A N/ A N/ A Workshop 31. Youth Zone 4, 000. 00 3, 500. 00 3, 500. 00 N/ A 3, 500. 00 3, 500. 00 2, 500. 00 2008/ 09 BUDGET 61, 000. 00 61, 000. 00 Historical Historical Historical Historical 61, 000. 00 Grand Total Grand Total Grand Total Grand Total 85, 845. 00 $ 88, 500. 00 $ 82, 000. 00 $ 67, 000. 00 aLo WL, I .=. CULTURAL ARTS & RECREATIONAL ORGS. GRANTS AT A GLANCE Fo 007/ 2008 Budget Town of Snowmass village CULTURAL ARTS & 2008 2008 CGRB 2008 2007 2006 2005 2004 RECREATIONAL Request Recommend Approved Approved Approved Approved Approved ORGANIZATIONS 1. Anderson Ranch 15, 000. 00 4, 000. 00 4, 000. 00 4, 000. 00 4, 000. 00 3, 000. 00 4, 000. 00 Arts Center Aspen Com. Aspen Art Theater Museum 2, 000. 00 2, 000. 00 2. Aspen Choral 5, 000. 00 4, 000. 00 4, 000. 00 3, 250. 00 3, 000. 00 2, 000. 00 2, 000. 00 Society Aspen Com. Aspen Com. Aspen Com. Theater Theater Theater 2, 000. 00 1, 500. 00 1, 000. 00 3. Aspen Dance 3, 600. 00 2, 500. 00 2, 500. 00 1, 250. 00 1, 000. 00 500. 00 600. 00 Connection 4. Aspen Film 5, 000. 00 4, 000. 00 4, 000. 00 2, 500. 00 3, 000. 00 2, 500. 00 1, 500. 00 Festival 5. Aspen Historical 3, 500. 00 3, 500. 00 3, 500. 00 2, 500. 00 2, 500. 00 1, 500. 00 N/ A Society Aspen Jr. Aspen Jr. Hockey Hockey 1, 500. 00 1, 000. 00 6. Aspen Skating 2, 000. 00 2, 000. 00 2, 000. 00 1, 500. 00 1, 000. 00 700. 00 750. 00 Club 7. Aspen Valley 10, 000. 00 7, 250. 00 $ 10, 000. 00 10, 000. 00 8, 000. 00 6, 000. 00 5, 000. 00 Ski/ Snowboard 7, 250. 00 Science Heritage Club From Arts & Outreach Aspen Rec. grant fund andd 500. 00 2, 000. 00 fund 2, 750. 00 from Spellbinders Council 600. 00 discretionary fund 8. Celebrate The 5, 000. 00 1, 250. 00 1, 250. 00 N/ A N/ A N/ A NIA Beat 9. Snowmass 3, 500. 00 3, 500. 00 3, 500. 00 4, 450. 00 5, 000. 00 3, 000. 00 N/ A Western Heritage 10. Symphony In The 1 , 000. 00 1, 000. 00 1, 000. 00 500. 00 N/ A N/ A N/ A Valley 1 2007/ 08 BUDGET 43, 600. 00 33, 000. 00 33, 000. 00 Historical Historical Historical Historical 33, 000. 00 Grand Total Grand Total Grand Total Grand Total 31, 500. 00 32, 000. 00 23, 000. 00 22, 450700 Cultural Arts & Recreational Orgs. Page 2 of 2 NOTE: The following organization did not reapply: Aspen Music Festival, Aspen Music Festival & School, and Aspen Theatre in The Park. The reasons were various ranging from they forgot - to they just now noticed that it was that time again. Ie- mail all the recipients from the previous year and any new applicants that arrive by the deadline date a month in advance. This allows organizations to contact me with questions long before the due date. I am convinced that they will be re- applying for the 2008/ 2009 Grant cycle. CHARITABLE & SERVICE ORGS. GRANTS AT A GLANCE For 2007/ 2008 Budget Town of Snowmass Villa e CHARITABLE & 2008 2008 CGRB 2008 2007 2006 2005 2004 SERVICE Request Recommend Approved Approved Approved Approved Approved ORGANIZATIONS 1. Alpine Legal Services 2, 500. 00 2, 000. 00 2, 000. 00 2, 000. 00 1, 500. 00 1, 000. 00 NIA FKA: Roaring Fork Aspen Legal Service Aspen Aspen Camp Aspen Camp for Camp for for the Deaf Camp for the Deaf the Deaf 5, 000. 00 the Deaf 3, 000. 00 5, 000. 00 3, 000. 00 Aspen Aspen Institute Institute 1, 000. 00 1, 000. 00 Aspen Valley Community Foundation 1, 000. 00 3, 000. 00 Aspen Valley Community Foundation 1, 200. 00 2. Aspen Counseling 3, 000. 00 3, 000. 00 3, 000. 00 0- 3, 000. 00 N/ A 3, 000. 00 Center 3. Aspen Public Radio 7, 500. 00 500. 00 500. 00 N/ A N/ A 3, 500. 00 N/ A 4. Aspen Youth Center 5, 000. 00 4, 500. 00 4, 500. 00 4, 500. 00 4, 500. 00 N/ A 3, 500. 00 5. Aspen Youth 4, 000. 00 3, 000. 00 3, 000. 00 3, 000. 00 N/ A 1, 800. 00 N/ A Experience 6. Buddy Program 5, 000. 00 2, 500. 00 2, 500. 00 2, 500. 00 2, 500. 00 2, 000. 00 Charitable Orgs. Page 1 of 3 CHARITABLE & SERVICE ORGS. GRANTS ATAGLANCE For 2007/ 2008 Budget Town of Snowmass Villa e CHARITABLE & SERVICE 2008 2008 CGRB 2008 2007 2006 2005 ' 2004 ORGANIZATIONS Request Recommend Approved A roved Approved Approved Approved 7. Catholic Charities 2, 500. 00 2, 500. 00 2, 000. 00 2, 500. 00 2, 500. 00 2, 000. 00 2, 000. 00 8. Challenge Aspen 4, 500. 00 2, 000. 00 2, 000. 00 2, 000. 00 N/ A 3, 500. 00 4, 000. 00 9. Community Health 20, 000. 00 15, 000. 00 15, 000. 00 15, 000. 00 15, 000. 00 10, 500. 00 10, 500. 00 Services C. H. I. L. C. O. R. E. C. H. I. L. C. H. I. L. 2, 000. 00 2, 500. 00 2, 000. 00 2, 000. 00 C. H. I. L. Friends of 2, 000. 00 the James E. Moore Pool 2, 000. 00 10. Forest Conservancy 5, 203. 00 2, 500. 00 2, 500. 00 2, 000. 00 N/ A N/ A N/ A 11. Independence Pass 2, 000. 00 2, 000. 00 2, 000. 00 1, 500. 00 1, 750. 00 1, 500. 00 1, 500. 00 Foundation 12. Little Red 15, 345. 00 12, 500. 00 15, 345. 00 11, 000. 00 10, 000. 00 10, 000. 00 9, 950. 00 Schoolhouse ( Add' I Request- Bus Service) 13. Pathfinders 13, 000. 00 3, 000. 00 3, 000. 00 N/ A N/ A N/ A N/ A 14. Pitkin County Senior 5, 000. 00 4, 000. 00 4, 000. 00 4, 000. 00 3, 500. 00 3, 500. 00 3, 000. 00 Services 15. Project Graduation 1, 500. 00 1, 000. 00 1, 000. 00 1, 000. 00 1, 000. 00 N/ A N/ A 16. Response 4, 500. 00 4, 000. 00 4, 000. 00 4, 000. 00 3, 500. 00 1 3, 500. 00 3, 500. 00 Charitable Orgs. Page 2 of 3 9M CHARITABLE & SERVICE ORGS. GRANTS AT A GLANCE For 200712008 Budget Town of Snowmass Village CHARITABLE & SERVICE 2008 2008 CGRB 2008 2007 2006 2005 2004 ORGANIZATIONS Request Recommend A roved Approved Approved Approved Approved 18. Roaring Fork 3, 000. 00 1, 000. 00 1, 000. 00 1, 000. 00 N/ A N/ A N/ A Avalanche Center 19. Roaring Fork Hospice 7, 500. 00 5, 500. 00 5, 500. 00 5, 300. 00 5, 000. 00 5, 000. 00 5, 000. 00 20. Roaring Fork 2, 000. 00 1, 000. 00 1, 000. 00 1, 000. 00 1, 000. 00 500. 00 N/ A Leadership Roaring Fork Legal Service 500. 00 21. Ruedi Water& Power 2, 500. 00 0- 0- 0- N/ A N/ A N/ A Authority 22. Solar Energy 5, 000. 00 1, 000. 00 1, 000. 00 N/ A N/ A N/ A N/ A International 23. Spellbinders 2, 000. 00 1, 000. 00 1, 000. 00 1, 000. 00 1, 000. 00 N/ A 600. 00 24. Teachers Across 4, 200. 00 0- 0- N/ A N/ A N/ A N/ A Borders, Inc. 25. The Thrift Shop 10, 000. 00 5, 000. 00 5, 000. 00 N/ A N/ A N/ A N/ A 26. Valley Partner for 7, 500. 00 7, 500. 00 4, 000. 00 7, 500. 00 6, 000. 00 4, 000. 00 4, 200. 00 Drug Prev. 27. Wilderness 4, 000. 00 1, 000. 00 1, 000. 00 N/ A N/ A N/ A N/ A Workshop 2007/ 08 BUDGET 148, 248. 00 87, 000. 00 85, 845. 001 Historical I Historical Historical Historical 87, 000. 00 Grand Total Grand Total Grand Total Grand Total 85, 845. 00 used leaving a 88, 500. 00 82, 000. 00 67, 000. 00 63, 650. 00 surplus of $ 1, 155. 00 for 2008 12009 grant cycle) NOTE: The following organization did not reapply for various reasons: Aspen Deaf Camp, C. H. I. L. L., Sopris Therapy, and Youth Zone. I am convinced tha they will be re- applying for the 200812009 Grant cycle. NOTE: During the Town Council Meeting of 01- 22- 08 Council pulled $ 500. 00 from Catholic Charities and 2, 345. 00 from Valley Partnership for Drug Prevention and gifted these amounts to LRSH granting them Charitable Orgs. their full grant request of $ 15, 345. 00. Page 3 of 3 As 4 kkd *'*u uliolof 1.Alpine Legal Services 2.Aspen Counseling 3.Aspen Youth Center 4. Buddy Program 5.Catholic Charities 6.Challenge Aspen 7. Little Red Schoolhouse 8. Pathfinders for Cancer 9. Pitkin County Senior Services 10. Project Graduation 11. Response 12. Roaring fork Valley Early Learning Fund 13. Spellbinders 14. Youth Zone I expect the following to come in the mail: 1.Aspen Camp School for the Hard of Hearing 2.Aspen/Snowmass Hall of Fame 3.Columbine Homemakers for Independent Living 4.Community Health Services 5.Valley Partnership for Drug Prevention 7TH DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING DECEMBER 7, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: RESOLUTION NO. 32, SERIES OF 2009 A RESOLUTION EXPRESSING APPRECIATION TO BIANCA HOOKER FOR HER SERVICE AS A MEMBER OF THE CITIZEN'S GRANT REVIEW BOARD (CGRB) CGRB Members Item No. 5: PUBLIC HEARING AND SECOND READING — ORDINANCE NO. 20, SERIES OF 2009 AMENDING THE MUNICIPAL CODE CHAPTER 18, SPECIFICALLY ADOPTING THE 2009 SERIES OF INTERNATIONAL CODES Time 45 minute) ACTION REQUESTED OF COUNCIL: Approve, modify or deny second reading of Ordinance No. 20, Series of 2009 Mark Kittle Item No. 6: RECOVERY EXPENSES FOR NATURAL DISASTER DAMAGE IN DEED RESTRICTED FOR SALES HOUSING Time 30 minutes) ACTION REQUESTED OF COUNCIL: Council will decide if any of the construction costs to repair the two homes damaged by flooding will be revocable. The homes are located in the Crossings. Joe Coffey Item No. 7: FIRST READING - ORDINANCE NO. 13, SERIES OF 2009 - AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30%) WITHIN LOT 1, RODEO PLACE SUBDIVISION Time: 30 minutes) 12-07-09tc Page 2 of 3 ACTION REQUESTED OF COUNCIL: Discussion and approval with conditions or denial of Second Reading Chris Conrad Item No. 8: PUBLIC HEARING RESOLUTION NO. 27, SERIES OF 2009 —A RESOLUTION AMENDING RESOLUTION NO. 39, SERIES OF 2006 CONCERNING THE RODEO PLACE SUBDIVISION Time:5 minutes) ACTION REQUESTED OF COUNCIL: Public Hearing, discussion and Approval, Approval with Conditions or Denial of the Resolution Chris Conrad Item No. 9: PUBLIC HEARING — DISCUSSION: A RE-ZONING TO "MULTI- FAMILY" (MF) AND A REVISED MINOR PRLIMINARY PLANNED UNIT DEVELOPMENT AND AMENDMENT REGARDING THE PROPOSED SNOWMASS CLUB CIRCLE DEVELOPMENT PROJECT INVOLVING A TWO-FAMILY DWELLING Time 60 minutes) ACTION REQUESTED OF COUNCIL: Following review, provide directives to staff in drafting findings and conditions for a subsequent ordinance. Jim Wahlstrom Item No. 10: SECOND READING — ORDINANCE NO. 21, SEREIS OF 2009 EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny second reading Ordinance No. 20, Series of 2009 John Dresser Item No. 10: FIRST READING OF ORDINANCE NO. 3, SERIES OF 2009 ADDRESSING HISTORICAL PRESERVATION Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Ordinance No. 3, Series of 2009 John Dresser ...............................Page (TAB--) Item No. 11: RESOLUTION NO. 33, SEREIS OF 2009 — ESTABLISHING TOWN COUNCIL MEETING DATES FOR 2010 Time: 15 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution No. 33, Series of 2009 Rhonda Coxon Item No. 12: MANAGER'S REPORT Time: 10 minutes) 12-07-09tc Page 3 of 3 Russell Forrest.......................... Page (TAB--) Item No. 13: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB--) Item No. 14: APPROVAL OF MEETING MINUTES FOR: Page (TAB--) Item No. 15 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No. 16: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 1 hour and 30 minutes (excluding items 1-3 and 7 —10) 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. I SNOWMASS VILLAGE 2 REGULAR MEETING MINUTES 3 MONDAY, APRIL 27, 2009 4 5 Mayor Bill Boineau called to order the Special Meeting of the Snowmass Village Town 6 Council at 5:00 p.m. 7 8 Item No. 1: ROLL CALL 9 10 COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, Reed Lewis, John 1 I Wilkinson, and Markey Butler 12 13 COUNCIL MEMBERS ABSENT: Arnold Mordkin was absent 14 15 STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, 16 Town Attorney; Chris Conrad, Planning 17 Director; Jim Wahlstrom, Senior Planner; 18 Lesley Compagnone, Public Relations; Jason 19 Haber, Economic Resource Director; David 20 Peckler, Transportation Director; and Donna J. 21 Garcia-Spaulding, Deputy Town Clerk 22 23 PUBLIC PRESENT: Scott Stenman, Jim D'Agostino, Steve 24 Alldredge, Mak Keeling, Grant Melius, and 25 other members of the public interested in 26 today's Agenda items. 27 28 Item No. 2: PUBLIC NON-AGENDA ITEMS 29 30 There were no comments from the Public at this time. 31 32 Item No. 3: COUNCIL UPDATES 33 34 Council Ethics 35 Council Member Wilkinson passed out a copy of disclosure and interest in legislation 36 from the State of Colorado regarding current ethics requirements for Town Council 37 Members . Wilkinson further requested to bring this topic up as a regular Agenda 38 item for discussion, adoption or changing of the Town of Snowmass Village's Code 39 of Ethics. After further discussion, Town Council agreed to review the handout. 40 41 Maior Landowner Executive Session 42 Wilkinson requested that staff schedule an Executive Session for the next Town 43 Council meeting to discuss what is going on with the major landowner here in 44 Snowmass Village. 45 46 Mayor Bill Boineau stated that he would rather start off having that kind of discussion 04-27-09tc Page 2 of 3 47 in a public venue unless the Town Attorney feels that we should have Executive 48 Session. 49 50 In response to an inquiry by Mayor Boineau, the Town Manager Russ Forrest stated 51 that the important criteria for moving into Executive Session are personnel issues 52 relating to contract negotiations, and obtaining advice from the Town Attorney. 53 54 The Mayor stated "He understands Wilkinson's concern but he would prefer that 55 these types of discussions be held with the public present." 56 57 After further discussion, Council agreed to put an Executive Session on the Agenda 58 for the Town Council meeting for May 18th and if the Town Attorney advises against 59 it, the item can always be pulled. 60 61 Council Member Butler reported that she would not be present at the next Council 62 meeting. 63 64 Wilkinson also requested having discussions relevant to the implications of 65 foreclosures and financing. 66 67 Brush Creek Subdivision 68 Wilkinson asked the Brush Creek Subdivision having security for Million. Staff was 69 going to investigate acquiring additional security. In response, Forrest stated that 70 this issue is one that Council may want to seek advice from the Town Attorney. The 71 Viceroy Agreement utilized that parcel of land as collateral and there are issues in 72 terms of impairment of title for that parcel. No other parcel has been secured or 73 offered as collateral. 74 75 The Town Manager reported that the first meeting in June will be significant with a 76 comprehensive plan financial update. He further reported there will be a Financial 77 Advisory Board (FAB) meeting next week with recommendations for changes to the 78 Budget, reviewing the RETT Budget, looking at trends and occupancy reports and if 79 we wanted to do a community forum staff is ready to do so. He stated that staff is 80 conducting a scenario dealing with if the property ownership changes. On May 18th 81 implications to the GID on Snowmelt Road and operating funds for the Skittles. 82 83 Item No. 4: COMPREHENSIVE PLAN REVIEW - TRANSPORTATION AND VISION 84 85 The Town Manager Russ Forrest reported that there are two chapters staff would 86 like to run through with Town Council. Forrest reported that Lesley Compagnone 87 would be out very shortly on maternity leave for a couple of months. 04-27-09tc Page 3 of 3 88 Staff and Town Council began making edits and comments to the Comprehensive 89 Plan beginning on the Vision Chapter from page 163 line-by-line. 90 91 Item No. 5: MANAGER'S REPORT 92 93 Rodeo Place Housing Proiect 94 Town Manager Russ Forrest stated that Council directed staff to price the phase 2 95 homes utilizing a subsidy so that there is parity with the pricing of phase 1. He 96 referred Council to page 9 depicting the subsidy being less for the town if the low 97 range is realized and higher if the price lands on the high estimate. He further 98 inquired of Council whether they want staff to use the price for Phase 1 or have staff 99 create a little bit of a buffer. Council consensus requested that a buffer be created. 100 101 Krabloonik 102 Forrest reported that this issue will be back and requested time on Council's 103 Agenda; there will be a group requesting time during the second meeting in June. At 104 this point a variety of ideas have been identified such as exercise for the dogs during 105 the summer months. The interested group will probably be requesting an ordinance 106 and the Town Attorney will be reviewing the ordinance. Council consensus 107 authorized staff to place this issue on the Agenda and requested that this group 108 hash out details with staff prior to the Town Council meeting in an effort to present 109 specifics to Council. 110 111 Item No, 6: ADJOURNMENT 112 113 Reed Lewis made the motion to approve John Wilkinson seconded the motion. The 114 motion was approved by a vote of 4 in favor to 0 opposed. The meeting adjourned 115 at 7:45 p.m. 116 117 Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. 118 119 Voting Naye: None. 120 121 Respectfully Submitted By: 122 123 124 Donna J. Garcia-Spaulding, CMC 125 Deputy Town Clerk 126 Sun Mon 7T... Wed Thu Fri Sat 1 2 3 4 5 6 7 Town Council Meeting 4:00 p.m. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Town Council Meeting 4:00 p.m. 0 22 23 24 25 26 27 28 THANKSGIVING Town Hall Offices Closed 29 30 1 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 Town Council Meeting 4:00 p.m. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Town Council Christmas Meeting 4:00 p.m. 100, 27 28 29 30 31 New Year's Eve 1 i 1 Y r A e 11 Yu trV' r t • T.el All. THE ELK MOUNTAINS PLANNING GROUP, INC. P.O.Box 11891 Specializing in Mountain and Resort Communities Aspen,CO 81612 T/Fax:970-9239485 Mayor Bill Boineau and City Council Cell:970-948-0802 Town of Snowmass Village iulieAelkmountainsolannina.corn PO BOX $800 www.elkmountainsplann ina.corn Snowmass Village, CO 81615 Via e-mail to John Dresser, Town Attorney) November 16, 2009 RE: Aspen School District Response to Council Recommendations Dear Mayor Boineau and City Council Members: On behalf of the Aspen School District Board of Directors, I am pleased to write this letter to inform the Council that their recommendations set forth in Resolution No. 31 of Series 2009 have been thoughtfully reviewed and considered by the Board during their meeting this morning. The ASD Board agrees with most of the recommendations, however, in accordance with the IGA, the Board must put forward in writing those recommendations that will not be incorporated into the project, and that is the purpose of this letter. Below are those items (numbered as a reflection of the resolution) that the School Board would like to discuss further, along with ASD's position related to that item. Keep in mind that in several instances the Board is not objecting to the recommendation itself, as much as it wants to discuss the specifrc language in the recommendation. We believe that with a fruitful discussion tonight, the issues can be resolved related to the ASD employee housing project. 1) Council recommends obtaining a License Agreement from the Town to permit the parking, or any other improvements, to extend into the Owl Creek Road right-of-way prior to issuance of a Certificate of Occupancy. The School Board requested a licensing agreement from the Town last May to allow the existing parking to remain within the Owl Creek Road right-of-way. Our goal is to continue to use the existing parking for residents of the project. Our only objection here is that we do not want the licensing agreement to be tied to a Certificate of Occupancy. 2c) Consideration of a carport structure with an assigned carport for each unit along the southern boundary and towards the western corner of the site with individual storage units included in each carport much like the adjacent Fairway Three complex that would provide additional storage for residents and minimize unsightly storage in more visible areas of the project. Such a carport structure would need to address access to the right- 1 of-way in order for the Town's Public Works Department to store snow and maintain the adjacent ditch. ASD is not proposing carports at this time primarily because of cost, but also because the inclusion of a carport structure could eliminate 2 to 3 parking spaces, and could potentially reduce the width of the drive lane required by the Snowmass-Wildcat Fire District. 2d) A cooperative parking management plan with Anderson Ranch that maximizes the use of the driveway for parking either by daytime or nighttime uses when the driveway area is not being utilized by Anderson Ranch for deliveries. ASD does not feel such a management plan to use this space will be beneficial to either party, but will continue to discuss this and other issues of mutual concern with Anderson Ranch. 3) Council recommends that the Applicant coordinate an adequate sight-distance triangle off of Owl Creek road at the project exit with the Town's Public Works Department prior to issuance of a Certificate of Occupancy. ASD representative Mike O'Connor met with Hunt Walker at the site to review the site distance triangle. As a result, some conifer trees will be further limbed up, some aspen trees will be removed, and six new trees will be added within the right-of-way. Our only objection is that we do not want the improvements to the sight distance triangle to be tied to a Certificate of Occupancy. 5) Council recommends the proposed building design of the modular construction be revised to include: C) Compatibility with the surrounding properties in terms of the use of the materials, finishes and color palette to blend and soften the visual effect of the buildings with the surrounding buildings rather than materials, finishes and colors that make a statement that attracts attention to the size and mass of the buildings. Materials that reflect natural mountain materials such as stone and timbers should be included in the project. The Project Team will provide a material rendering and color palette for presentation at tonight's meeting. The selected exterior materials will include Hardee board, shiplap siding of Hardee Plank, stained wood trim and corner pieces, standing seam roof on dormers and composite shingles for the roof. The selected materials are consistent with the adjacent neighborhood context. 8) Council recommends the Applicant shall sufficiently address how solid waste, and. especially recycling, will be dealt with on the site. If off-site trash facilities are proposed 2 to be shared, then the applicant should detail how such.sharing offacilities will occur. Such proposed details shall be reviewed by the Town to ensure proper access, design and capacity for the collection of solid waste prior to issuance of a Certificate of Occupancy. The existing solid waste facility located on ASD property is intended to be relocated to Anderson Ranch and expanded if necessary to adequately serve both properties' solid waste and recycling needs. If Anderson Ranch is not successful in securing approval for such a facility with the Town, then ASD would most likely use the space where Anderson Ranch desires to maintain use of the existing gravel pathway for such a facility and use it to serve this project alone. • Our only objection is that we do not want the improvements to be tied to a Certificate of Occupancy. 9) Council recommends the Applicant agree to cost share the placement of a shuttle stop along the south side of Owl Creek Road opposite the project. The Town will need to secure land and entitlements for a bus stop first before a contribution is made. A contribution will only be made if there is money left in the budget, and if other neighbors (including Fairway Three, Anderson Ranch and Meadow Ranch) contribute as well, on a "proportional share" basis. As an alternative, ASD is prepared to install a painted crosswalk across Owl Creek Road and provide two pedestrian signs to warn drivers of potential pedestrians in the area. 10) Council recommends the Applicant adequately respond to the review comments, as outlined in attached Exhibit "C" incorporated herein and such response should be confirmed by the referral agencies. ASD believes the issues raised by the Town's referral agencies have contributed to a better project and that these comments have been adequately addressed in the project design. ASD welcomes any specific inquiries from the Town Staff should they believe that an issue has not been adequately addressed. Both the ASD Board and Project Team members will attend tonight's meeting to clarify any questions and to discuss the issues as outlined above. Sincerely, Julie Ann Woods, AICP/ASLA Elk Mountains Planning Group, Inc. 3 SNOWMASS VILLAGE TOWN COUNCIL GENERAL IMPROVEMENT DISTRICT NO.1 AGENDA DECEMBER 7, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE— ITEMS COULD START EARLIER OR LATER THAN THEIR STATED TIME CALL TO ORDER AT 3:30 P.M. Item No. 1: ROLL CALL Item No. 2: RESOLUTION NO 03, SERIES OF 2009 — LEVYING PROPERTY TAXES FOR THE GID Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Review modify, approve or deny Resolution No.03, Series of 2009 Marianne Rakowski, GID Advisory Board Member Page 1(Tab A) Item No. 3: ADJOURNMENT MEMORANDUM TO: General Improvement District Board of Directors FROM: Marianne Rakowsi, Finance Director DATE: December 7, 2009 SUBJECT: GID Resolution No. 3 Approving the 2009 mill levy for the Snowmass Village General Improvement District No. 1 I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Review and approve Resolution No. 3, Series of 2009. A Resolution establishing the property tax mill levy for the Snowmass Village General Improvement District No. 1 of the Town of Snowmass Village. II. DISCUSSION ISSUES Resolution No. 3, Series of 2009 establishes the property tax mill levy for the year 2010. The Pitkin County Assessors Office provided the General Improvement District with the estimated assessed valuation in mid-October of this year for use in the budget process. By December I0`" of each year, the County Assessor must recertify the assessed valuation to each entity. By December 151h of each year, the General Improvement District must certify the mill levy to Pitkin County. This resolution meets that deadline. III. STAFF RECOMMENDATIONS AND FINDINGS Adopt Resolution No. 3, Series of 2009. SNOWMASS VILLAGE GENERAL IMPROVEMENT DISTRICT NO. 1 TOWN OF SNOWMASS VILLAGE,COLORADO RESOLUTION NO. 3 SERIES OF 2009 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2010 FOR GENERAL OPERATING EXPENSES OF THE SNOWMASS VILLAGE GENERAL IMPROVEMENT DISTRICT NO. I FOR THE TOWN OF SNOWMASS VILLAGE, FOR THE 2010 BUDGET YEAR. WHEREAS,the Board of Directors of the Snowmass Village General Improvement District No. 1 of the Town of Snowmass Village(the"District')has adopted the annual budget in accordance with the Local Government Budget Law on October 19,2009;and WHEREAS,the amount of money necessary for general operating expenses in 2010 and creating additional funds for future operating expenditures is$225,815.00;and WHEREAS,the 2009 valuation for assessment for the Snowmass Village General Improvement District No. I of the Town of Snowmass Village, Colorado, as certified by the Pitkin County Assessor is 37,635,780 which valuation may be amended and recertified by the Pitkin County Assessor. NOW,THEREFORE, BE IT RESOLVED by the Snowmass Village General Improvement District No. I of the Town of Snowmass Village,Colorado: Section One: Action I.That the Snowmass Village General Improvement District No. I of the Town of Snowmass Village does hereby levy a tax of 6.000 mills upon each dollar of the total valuation for assessment of all taxable property within the Snowmass Village General Improvement District No. 1 of the Town of Snowmass Village for the year 2010 for the purposes of meeting general operating expenses. There is also hereby levied a tax of.087 upon each dollar of the total valuation for assessment of all taxable property within the district for the year 2010 to receive$3,274 for the purpose of receiving taxes abated and refunded. 2.That the Finance Director of the Town of Snowmass Village is hereby authorized and directed to immediately certify to the County Commissioners of Pitkin County, Colorado, the mill levy for the Snowmass Village General Improvement District No. 1 as hereinabove determined and set. INTRODUCED, READ AND ADOPTED on the first reading by the Board of Directors of the Snowmass Village General Improvement District No. I of the Town of Snowmass Village, Colorado on the 7th day of December,2009, with a motion by and seconded by The motion was approved by a vote of_in favor to_opposed. 09-03 SNOWMASS VILLAGE GENERAL IMPROVEMENT DISTRICT NO. 1 Bill Boineau,Chair ATTEST: Rhonda Coxon, Secretary