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12-07-09 Town Council PacketSNOWMASS 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 3:30 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. 34, SERIES OF 2009 - APPRECIATION Time: 5 Minutes) A RESOLUTION EXPRESSING APPRECIATION TO BIANCA HOOKER FOR HER SERVICE AS A MEMBER OF THE CITIZEN'S GRANT REVIEW BOARD (CGRB) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 34, Series of 2009 Mayor Boineau...........................................Page 4 (Tab B) Item No. 5: PUBLIC HEARING — 2010 ROAD MILL LEVY FUND: Time: 40 Minutes) TO RECEIVE PUBLIC COMMENT RESOLUTION NO. 29, SERIES OF 2009 ON THE TOWN OF SNOWMASS VILLAGE ROAD MILL LEVY FUND FOR THE YEAR 2010 ACTION REQUESTED OF COUNCIL: Receive public comment on the attached project list, and consider the public input when developing the 2010 Road Fund bid package. Hunt Walker/Marianne Rakowski...................Page 6 (Tab C) Item No. 6: RESOLUTION NO. 30 SERIES OF 2009 — LEVYING PROPERTY TAXES FOR THE TOWN OF SNOWMASS VILLAGE Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: Review, modify, approve or deny Resolution No. 30, Series of 2009 Marianne Rakowski......................................Page 20 (TAB D) Item No. 7: 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: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny second reading of Ordinance No. 20, Series of 2009 12-07-09tc Page 2 of 3 Mark Kittle.................................................Page 23 (Tab E) Item No. 8: RECOVERY EXPENSES FOR NATURAL DISASTER DAMAGE IN DEED RESTRICTED FOR SALES HOUSING Time: 45 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.................................................Page 34 (Tab F) Item No. 9: JAS UPDATE Time: 60 Minutes) ACTION REQUESTED OF COUNCIL: Provide response to JAS request. Joe Lang, Marc Breslin, Susan Hamley and Russ Forrest.......................................................Page 36 (Tab G) Item No. 10: PUBLIC HEARING — DISCUSSION: A RE-ZONING TO "MULTI- FAMILY" (MF) AND A REVISED MINOR PRELIMINARY 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...........................................Page 44 (Tab H) Item No. 11: DISCUSSION AND FIRST READING - ORDINANCE NO. 11, SERIES OF 2009- STONEBRIDGE CONDOS Time: 45 Minutes) STONEBRIDGE CONDOMINIUM MINOR PUD AMENDMENT ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 11, Series of 2009 Chris Conrad.............................................Page 120 (Tab 1) Item No.12: 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 Requesting to open Public Hearing and continue to January 4, 2010 Meeting. Chris Conrad......................................No Packet Information Item No. 13: RESOLUTION NO. 33, SERIES OF 2009 — ESTABLISHING TOWN COUNCIL MEETING DATES FOR 2010 Time: 15 Minutes) 12-07-09tc Page 3 of 3 ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution No. 33, Series of 2009 Rhonda Coxon....................................... ...Page 133 (Tab J) Item No. 14: SECOND READING — ORDINANCE NO. 21, SERIES 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. 21, Series of 2009 John Dresser..........................................Page 138 (Tab K) Item No. 15: MANAGER'S REPORT Time: 10 Minutes) Russell Forrest.............................................Page142 (TAB L) Item No. 16: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 145 (TAB M) Item No. 17: APPROVAL OF MEETING MINUTES FOR: October 5, 2009 Continuation of October 5, 2009 to October 7, 2009 Page148 (TAB N) Item No. 18: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 160 (TAB 0) Item No. 19: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 6 hours excluding items 1-3 and 16 -19 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: Donna J. Garcia-Spaulding, CMC CGRB Liaison FOR: Marylou Farrell, Chair & Citizen's Grant Review Board (CGRB) DATE: December 7, 2009 SUBJECT: RESOLUTION NO. 34, SERIES OF 2009 A RESOLUTION EXPRESSING APPRECIATION TO BIANCA HOOKER FOR HER SERVICE AS A MEMBER OF THE CITIZEN'S GRANT REVIEW BOARD (CGRB) I.PURPOSE, ATTACHMENTS AND ACTIONS REQUESTED OF COUNCIL: Staff and the Citizen's Grant Review Board (CGRB) respectfully request that Council express our deep gratitude and appreciation to Bianca Hooker for her service as a Member of the CGRB. We would also request special mention of other appointed offices in which Ms. Hooker has served this community since her arrival in Snowmass Village December 1967. A. In addition to her service on the CGRB, Bianca served on The Little Red School House Restoration Committee, which was a huge part of her life as she had two children of her own during this time, B. Bianca succeeded William E. Leutwyler in 1979 and served as a Member of the Town Council C. Bianca was also a Member of the Local Liquor Authority from 1977 through 1979 and was re-appointed following her service as a Member of the Town Council and serviced on the LLA until December of 2003. Since the Town's incorporation, Bianca has been serving this community for 32 years and deserves special recognition for having an active hand in creating this great town we call Snowmass Village! II. ATTACHMENTS: a. Resolution No. 34, Series of 2009 III. ACTION REQUESTED: Staff and the Citizen's Grant Review Board are respectfully requesting, that Council approve Resolutions No. 34, Series of 2009 and further recognize Bianca Hooker's involvement in creating this great community. SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 34 SERIES OF 2009 A RESOLUTION EXPRESSING APPRECIATION TO BIANCA HOOKER FOR HER SERVICE AS A MEMBER OF THE CITIZEN'S GRANT REVIEW BOARD (CGRB) WHEREAS, Bianca Hooker was appointed by the Town Council of Snowmass Village on January 1, 2004, to serve as a Member of the CGRB; and WHEREAS, Bianca Hooker has served the past five years with dedication and loyalty to this community, with special emphasis as a pioneer of this community dating as far back to before the Town of Snowmass Village was incorporated; and WHEREAS, Bianca Hooker's hard work, excellent long-distance attendance record, and sincerity have been an asset to this community; and WHEREAS, Bianca Hooker's fairness and common sense have been positive for both the recipients of Town grant funds and the community at large; and WHEREAS, Bianca Hooker has demonstrated a strong commitment to the business and residential community and employees of this Town government; she will be sorely missed; and NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: The Citizens of Snowmass Village, the Snowmass Village Town Council and the entire Town Staff hereby express their sincere gratitude and appreciation to Bianca Hooker for her dedication, loyalty and excellence in her efforts to promote a strong community and to enhance the quality of life for the citizens living here. INTRODUCED, READ AND APPROVED by the Town Council of the Town of Snowmass Village, Colorado on the 7'h day of December, 2009 with a motion made by Mayor Bill Boineau and a second by Council Member Wilkinson and by a vote of 4 in favor to 0 opposed. Council Member Mordkin was absent. ATTEST:TOWN OF SNOWMASS VILLAGE DONNA J. SPAULDING, CMC BILL BOINEAU, Mayor Deputy Town Clerk MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest, Town Manager Marianne Rakowski, Finance Director DATE: December 7, 2009 SUBJECT: Adopting and appropriating funds for the 2010 Budget for the Road Mill Levy Fund of the Town of Snowmass Village I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Review and approve Resolution No. 29, Series of 2009. A Resolution adopting and appropriating funds for the 2010 Budget for the Road Mill Levy Fund of the Town of Snowmass Village II. BACKGROUND On October 19, 2009, Council directed staff to pull the Road Mill Levy Fund from the resolution adopting Town budgets, to allow the Council time to hear from their constituents regarding the increase in funding and to receive the final certification of assessed valuation from the Pitkin County Assessor. Attached are the four budget scenarios that were presented to Council on October 19, 2009. Each scenario has a different funding level with expenditures adjusted to meet those levels. Also attached is a summary that estimates the impact each scenario has on property owners (based on an estimated increase of 30% of market value). Hunt Walker is available to discuss all four scenarios with Council. At the time of the budget presentation, staff presented a budget allocating 5 mills for current and future road projects to the Financial Advisory Board (Scenario 1). Based on the Financial Advisory Board's recommendation, staff prepared a pared down revenue budget with a 9.83% increase in property tax revenues over 2009 and an expenditure budget cutting various road projects (Scenario 42). Staff also prepared two additional scenarios: one that uses 75% of the revenue that the Town would receive under the 5 mill levy scenario (Scenario 43) and one that uses 50% of the revenue that the Town would receive under the 5 mill levy scenario (Scenario #4). The expenditures were decreased to meet the various funding levels. Per the Home Rule Charter, the Town Council adopts the budget by resolution. This resolution adopts and appropriates funds for the 2010 budget. V. STAFF RECOMMENDATIONS AND FINDINGS Adoption of Resolution No. 29, Series of 2009 with the numbers inserted from the budget scenario that Council prefers. SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 29 SERIES OF 2009 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE TOWN OF SNOWMASS VILLAGE ROAD MILL LEVY FUNDAND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2010 AND ENDING ON THE LAST DAY OF DECEMBER, 2010 AND APPROPRIATING SUMS OF MONEY FOR THE 2010 BUDGET YEAR. WHEREAS, the Town Council of the Town of Snowmass Village has appointed Russell Forrest, Town Manager to prepare and submit the Road Mill Levy Fund budget to the Town Council by December 31, 2009; and WHEREAS, Russell Forrest, Town Manager has submitted a proposed 2010 budget to the Town Council on October 7, 2009; and WHEREAS, projected expenditures have been budgeted with projected revenues so that the budget remains in balance, as required by law; and WHEREAS, the Town of Snowmass Village has made provision therein for revenues and fund balance in an amount equal to or greater than the total proposed expenditures as set forth in said budget; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said revised and proposed budget was open for inspection by the public at the Town Clerk's office, a Public Hearing was held on December 7, 2009, and interested taxpayers were given the opportunity to file or register any objections to said revised and proposed budget. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One: That the estimated expenditures for 2010 for the Road Mill Levy Fund is as follows: Road Mill Levy Fund Section Two: That the estimated revenues including carryover for the Road Mill Levy Fund is as follows: Road Mill Levy Fund Road Mill Levy Fund Carryover Sources other than property tax $ General Property Tax Total Road Mill Levy Fund Road Mill Levy Fund Operating Expenditures Capital Expenditures Undesignated Reserve Total Road Mill Levy Fund Section Four: Direction 1. That the 2010 Town of Snowmass Village Budget be adopted, a true and accurate copy of which is attached hereto. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 7th day of December, 2009 with a motion made by seconded by The motion was approved by a vote of_ in favor to_ opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda Coxon, Town Clerk ROAD FUND-Mill Levy Calculation As of 12/01/09 Assessed Year Valuation Increase(decrease) Increase(decreasel 10 YearAveraue 1999 222,923,770 2000 279,086,660 $ 56,162,890 25.19% 2001 282,445,110 $ 3,358,450 1.20% 2002 338,814,130 $ 56,369,020 19.96% 2003 348,113,370 $ 9,299,240 2.74% 2004 342,709,320 $5,404,050) 1.55% 2005 346,214,000 $ 3,504,680 1.02% 2006 369,522,440 $ 23,308,440 6.73% 2007 373,045,798 $ 3,523,358 0.95% 2008 507,089,270 $ 134,043,472 35.93% 2009 515,189,480 $ 8,100,210 1.60% 9.38% FAB RECOMMENDED 2009 Revenues $ 2,575,947 9.38% $ 241,623.83 'Additional Revenue 00012017,571 Sept A.V. 687,951,952 A.V. to calculate 687,695.68 Mill Levy Needed 4.097, 2,817,489 Revenue calculated BASED ON CURRENT 5 MILLS Sept A.V. 687,951,952 A.V.to calculate 687,695.68 Mill Levy 5.000 3,438,478 $ 862,531 Additional Revenue 3/4 of the 5 mill add 9 revenues Sept A.V. 687,951,952 A.V. to calculate 687,695.68 Mill Levy 4.686 3,222,542 $ 646,595 'Additional Revenue 1/2 of the 5 mill add 9 revenues Sept A.V. 687,951,952 A.V.to calculate $ 687,695.68 MITI Levy 4.373 3,007,293 $ 431,346 Additional Revenue TOWN OF SNOWMrr55 VILLAGE Property Tax Impnctl-2010 with 30%Increase nMarket Value Road Fund 5.0 MILLS 3/4 of add'I 1 1/2 ADD'L FAB Rec 2009 2010 2010 2010 2010 Town General Fund Levy 0.617 0.462 0.462 0.462 0.462 Road Fund Projects Levy 5.000 5.000 4.686 4.373 4.097 Debt Service(Operations 3.889 2.889 2.889 2.889 2.889 Facility,Droste,Rodeo Levy) REFUND/ABATEMENT 0.003 0.037 0.037 0.037 0.037 Total Mill Levy 9.509 8.388 8.074 7.761 7.485 RESIDENTIAL j5?drills R!F.COMMERCIAL t t5!b mills RiF. t®lSJMm m EMBOLISM ojIS1MIM!V SJF3MIMfV. Residential Commercial 2009 2010 Variance 2009 2010 Variance General Fund $ 49.11 $ 47.81 $ (1.30) General Fund $ 178.93 $ 174.17 $ (4.76) Road Fund $ 398.00 $ 517.40 $ 119.40 Road Fund $ 1,450.00 $1,885.00 $ 435.00 Debt Service $ 309.56 $ 298.95 $ (10.61) Debt Service $ 1.127.81 $1,089.15 $ (38.66) Refund/Abatem. $0.24 $ 3.83 $ 3.59 Refund/Abatema 0.87 $ 13.95 S 13.08 TOTAL $ 756.91 $ 867.99 $ 111.08 14.68%TOTAL $ 2,757.61 $3,162.27 $ 404.66 14.68% WIP314 of edd'1 314 o edd' 4.686 mills R.F. 4.686 mi1ISIR.F. S1M M!V. SiF7M M V.111 M1M!VS SiF3MIM!V Residential Commercial 2009 2010 Variance 2009 2010 Variance General Fund $ 49.11 $ 47.81 $ (1.30) General Fund $ 178.93 $ 174.17 $ (4.76) Road Fund S 398.00 $ 484.91 $ 86.91 Road Fund $ 1,450.00 $1,766.62 $ 316.62 Debt Service $ 309.56 $ 298.95 $ (10.61) Debt Service $ 1,127.81 $1,089.15 $ (38.66) RefundlAbatem. S 0.24 S 3.83 E 3.59 Refund/Abateme S 0.87 S 1395 Is 13.08 TOTAL $ 756.91 $ 835.50 $ 78.59 10.38%TOTAL $ 2,757.61 $3,043.89 $ 286.28 10.38% 112 of add I rOomio 1l2 of add'1 revenue 4. 7,J m 11131 R. 4.373 m I13 R.F WS1M M! l® 1M M! @SR3M m V. Residential Cornmemlal 2009 210 Varianea 2009 2010 Variance General Fund $ 49.11 $ 47.81 $ (1.30) General Fund $ 178.93 $ 174.17 $ (4.76) Roatl Fund $ 398.00 S 452.52 S 54.52 Road Fund S 1,450.00 S 1,648.62 $ 198.62 Debt Service $ 309.56 $ 298.95 $ (10.61) Debt Service $ 1,127.81 $1,089.15 $ (38.66) Refund/Abatem. $0.24 $ 383 S 3.59 Refund/Abalemr $ 087 $ 1395 S 13.08 TOTAL $ 756.91 $ 803.11 $ 46.20 6.10%TOTAL $ 2;757.61 $2,925.89 $ 168.28 6.10% FAB recommentlatlon AB recommentlatlon 4.097 m(Ils R.F,. o 4.097 mills R.F. 1$PIMimim.- nummIMw.: Residential Commercial 2009 2010 Variance 2009 2010 Variance General Fund S 49.11 $ 47.81 S (1.30) General Fund S 178.93 $ 174.17 $ (4.76) Road Fund $ 398.00 $ 423.96 $ 25.96 Road Fund $ 1,450.00 $1,544.57 $ 94.57 Debt Service $ 309.56 $ 298.95 $ (10.61) Debt Service $ 1,127.81 S 1,089.15 $ (38.66) Refund/Abalem, $0.24 $ 3.83 $ 3.59 Refund/Abatem[ 0.87 $ 13.95 $ 13.08 TOTAL $ 756.91 $ 774,55 $ 17.64 2.33%TOTAL $ 2,757.61 $2,821.84 $ 64.23 2.33% TOWN OF SNOWMASS VILLAGE ROAD MILL LEVY FUND N w Maus wrarce fqv s ere uf. w bte BUDGET SUMMARY 2008 2009 2009 2009 2010 2010 2011 W12 2013 2014 DESCR () N ACTUAL BU06ET REVISED VARIANCE PROPOSED VARIANCE PROPOSED PROPOSED PROPOSED PROPOSED CARRYOVER 3390, 908.] 0) ( 352, 489. 6q ($ 52, 489, 6•q 0. 0 $ 361, 858. 36 $ 634, 348. 00 3569, 111. 36 $ 351, 863. 36 $] 96, 962. 36 $ 1, 914, M. 36 REVENUES 52. 603, 362, 62 $ 3. 117, 161. 00 $ 2, 232, 022. 00 ( 5380, 081, 00) S 3,56; 828. 0 $ 825, 801. 00 $ 3. 510, 228, 00 $ 3. 464. 082. 0 $ 3, 464, 405. 00 $ 3, 562, 682. 00 E) aB4DITVRES 2. 264. 948.%) $ ( 2, 626. 318. 00) $ ( 2, 122, 229. 00) $ XXI. W9. 00 3 ( 3, 55, 622. 00) ($ 1132, 893. 00) $ ( 3. 228, 029. 00) $ ( 3, 016. 983. 0) f ( 2, N2, 2%. 00) $ ( 5. 469, 628. 0) YEAR END CARRYOVER 52189. 64) $ 438, 353. 36 $ 5613536 $ 123,! 01. 00 559, 114, 36 7256. 00 $ 351, 863. 36 $ 296, 962. 36 $ 1, 914, 022. 36 f12, 2B6. 36 AppngMU flan 200! 2009 2009 2009 2010 2010 2011 2012 2013 2014 Yeer Ed Camerer ACTUAL BU00EP REVISED VARIANCE PROPOSED VARIANCE PROPOSED PROPOSED PROPOSED PROPOSED SNOWMELT ROAD RESERVE 30. 00 0. 00 0. 00 0. 00 0. 00 0. 0 Will) 0. 00 0. 00 0.00 INTERFUND PAYABLE 9, 082. 58) 0. 00 60. 00 0. 00 0. 0 30. 0 0. 0 0. 0 0, 00 0.00 UNAPPROPRIATED RESERVE 516, 592. 94 $ 438, 353. 36 $ 561, 658. 36 $ 123, 505, 00 $ 569, 114. 36 2. 256. 00 $ 351, 863. 36 $ 296, 962. 36 $ 1, 914, 072. 36 $ 12. 286. 36 Yev Ed ApWapilm 52. 4,39. 001) $ 438, 353. 36 $ 561, 85836 $] 21, 505. 00 $ 569, 114. 36 2, 256. 0 $ 351, 863. 36 $ 296, 962. 36 $ 1, 914, 022. 36 $ 12. 286. 36 ROAD BUDGET SUMMARY- 201 U- Final 12- 01- 09.) ds Scenario # 1 - 5 Mills 2010 ROADFUND 2009 2009 2010 2011 2012 2013 2014 Revenues Budget Revised Variance Proposed Proposed Proposed Proposed Proposed Property Taxes 2, 576, 687. 00 $ 2, 576, 687. 00 $ 3 3, 438, 478. 00 $ 3, 438. 478. 00 $ 3, 438, 478. 00 $ 3, 438, 478. 00 $ 3, 541, 632. 00 Road Cut Permits Occupancy Assessments 519, 474. 00 $ 155, 000. 00 $ ( 364, 474. 00) $ 114, 400. 00 $ 62, 000. 00 $ 15, 000. 00 $ 15, 000. 00 $ 15, 000. 00 Transfer in- RETT Fund Interest Income 21, 000. 00 $ 5, 390. 00 $ ( 15, 610. 00) $ 10, 000. 00 $ 10, 300. 00 $ 10, 609. 00 $ 10, 927. 00 $ 11, 255. 00 Total 3, 117, 161. 00 $ 2, 737. 077. 00 $ ( 380, 084. 00) $ 3, 562, 878. 00 $ 3. 510, 778. 00 $ 3, 464, 087. 00 $ 3, 464, 405. 00 $ 3, 567, 887. 00 2009 2009 2010 2011 2012 2013 2014 Expenditures Budget Revised Variance Proposed Proposed Proposed Proposed Proposed Engineering 30, 000. 00 $ 19, 445. 00 $ 10, 555. 00 $ 25, 000. 00 $ 25, 000. 00 $ 25, 000. 00 $ 25. 000. 00 $ 25, 000. 00 Collection Fees 51, 533. 00 $ 51, 533. 00 $ 68, 770. 00 $ 68, 770. 00 $ 68. 770. 00 $ 68, 770. 00 $ 70, 833. 00 Miscellaneous Transferout- General Fund $ 2, 048, 565. 00 $ 1, 677, 229. 00 $ 371, 336. 00 $ 1, 954, 959. 00 $ 1, 864, 213. 00 $ 1, 878. 319. 00 $ 1, 536. 612. 00 $ 1, 745, 932. 00 Annual Overlays 488, 220. 00 $ 346, 522. 00 $ 141, 698. 00 513, 000. 00 $ 513, 000. 00 $ 513, 000. 00 $ 513, 000. 00 $ 424, 000. 00 Wayfinding Signs 8, 000. 00 $ 8, 000. 00 $ 100, 000. 00 $ 100, 000. 00 $ Snowmelt Rd. replacement $ 350, 000. 00 BC/ Wood Rd. Roundabout $ 623. 152. 00 $ BC/ Owl Roundabout 3, 000, 000. 00 Bus Stops 20, 000. 00 $ ( 20, 000. 00) $ Snowmelt Boiler Maintenance $ 30, 030. 00 $ 30, 030. 00 $ 30, 030. 00 $ 30, 030. 00 $ 30, 030. 00 Bridge Maintenance 97, 776. 00 $ 97, 776. 00 $ 97, 776. 00 $ 97, 776. 00 $ 97, 776. 00 Tiewall Maintenance 76, 107. 00 $ 76, 107. 00 $ 76, 107. 00 $ 76, 107. 00 $ 76. 107. 00 Tiewall Replacement 339, 980. 00 $ 329, 981. 00 $ 329, 981. 00 $ Total 2. 626, 318. 00 $ 2, 122, 729. 00 $ 503, 589. 00 $ 3, 555, 622. 00 $ 3, 728, 029. 00 $ 3, 018, 983. 00 $ 2. 347, 295. 00 $ 5, 469, 678. 00 SUMMARY 'Beginning Carryover 52, 489. 64) $ ( 52, 489. 64) $ 561, 858. 36 $ 569, 114. 36 $ 351, 863. 36 $ 796. 967. 36 $ 1, 914, 077. 36 Revenue 3, 117. 161. 00 $ 2, 737, 077. 00 $ ( 380, D84. 00) $ 3, 562, 878. 00 $ 3, 510, 778. 00 $ 3, 464, 087. 00 $ 3, 464, 405. 00 $ 3, 567, 887. 00 Expenditures 2, 626, 318. 00) $ ( 2, 122, 729. 00) $ 503, 589. 00 $ ( 3, 555, 622. 00) $ ( 3, 728, 029. 00) $ ( 3, 018, 983. 00) $ ( 2, 347, 295. 00) $ ( 5. 469, 678. 00) Ending Carryover 438, 353. 36 $ 561, 858. 36 $ 123. 505. 00 $ 569, 114. 36 $ 351, 863. 36 $ 796, 967. 36 $ 1, 914, 077. 36 $ 12, 286. 36 12/ 2/ 2009 9: 24 AM Sscmri0 X2- PAR IletpMK darbn TOWN OF SNOWMASS VILLAGE ROAD MILL LEVY FUND 2brc: Mimu wrurce fyWH are ucfcwbR BUDGET SUMMARY 2008 20D9 2009 2009 MIR 2010 2011 2012 2013 2014 0ESWIPTION ACTUAL BU06ET REVISED VARIANCE PROPOSED VARIANCE PROPOSED PROPOSED P3OPDSED PROPOSED CARRYOVER 390, 9D3. 30) ($ 5z. 139. w) ( SSE, 189. 61) 0. 00 $% I, BW. 36 $ 611, 318. 00 $% 9, 346. 36 $ 385, 305. 36 $ 641, 002. 36 $ 1968, 313. 36 REVEIVES 52, 603. 367. 62 $ 3, 137. 161. 00 S 2737, 072. 00 ($ 38 woo) $ 2, 911, 869. 00 $ 201. 812. 00 $ 2, 889, 789. 00 $ 2, 33, 098. 00 $ 2, 811, 116. 00 $ 2, 928, 269. 00 EfPE1DIRIRES 2, 261, 918. 96) $ ( 2. 626. 318. 00) $ ( 2, 122, 729. 00) SW3. 589. 00 $ ( 2, 911, 101. 00) ($ 791, 672. 00) $ ( 3, 093, 630. 00) $ ( 2, 337, 101. 00) $ ( 1. 726. 10. 00) $ ( 1, 819, 383. 00) YEAR END CARRYOVER 52, 189. 61) $ 138. 35]. 36 $% 1, 858. 36 3129, 505. 00 5589, 316. 36 $ 27. 188. 00 $ 385. 305. 36 $ 811, 002. 36 $ 1. 968. 313. 36 577. 199.] 6 Apprapnerbc f. 2008 2009 2009 2009 2010 2010 2011 2012 2013 W14 Ycx EM Cm' war ACTUAL WOPET REVISED VARIANCE PROPOSED VARIANCE PROPOSED PROPOSED PROPOSED PROPOSED SNOWMELT ROAD RESERVE SO. 00 0.00 0. 00 30,00 0.00 O.00 0. 00 0. 00 0. 00 060 INTERPVND PAYABLE 9, 082.%) 50. 00 060 0,00 0.00 0.00 0. 00 50. 00 0. 00 0. 00 UNAPPROPRIATED RESERVE 516, 592. 91 $ 438, 353. 36 $% 1. 358. 36 $ 123, 505. 00 $ 589, 316. 36 $ 27, 188. 00 $ 385. 305. 36 $ 811. 002. 36 $ 1, 965, 313. 36 $ 77. 199. 36 Ycw EW AIIII . 111 52, 189. 64) $ 138. 353. 36 SW1, 858. 36 $ 123. W6. 00 $% 9. 316. 36 $ 27. 188. 00 $ 385, 305. 36 $ 811. 002. 36 $ 1. 968. 313. 36 $". 199. 36 ROAD BUDGET SUMMARY- 2010- Final 12- 01- 09. xls Scend i61# 2 -• FAB'' Recommend& ion 2010 ROAD FUND 2009 2009 2010 2011 2012 2013 2014 Revenues Budget Revised Variance Proposed Proposed Proposed Proposed Proposed Property Taxes 2, 576, 687. 00 $ 2, 576, 687. 00 3 2, 817, 489. 00 $ 2, 817, 489. 00 $ 2, 817, 489. 00 $ 2, 817, 489. 00 $ 2, 902, 014. 00 Road Cut Permits Occupancy Assessments 519, 474. 00 $ 155, 000. 00 $ ( 364, 474. 00) $ 114, 400. 00 $ 62, 000. 00 $ 15, 000. 00 $ 15, 000. 00 $ 15. 000. 00 Transfer in- RETT Fund Interest Income 21, 000. 00 $ 5, 390. 00 $ ( 15, 610. 00) $ 10, 000. 00 $ 10. 300. 00 $ 10, 609. 00 $ 10, 927. 00 $ 11, 255. 00 Total 3117, 161. 00 $ 2, 737, 077. 00 $ ( 380, 084. 00) $ 2, 941, 889. 00 $ 2, 889, 789. 00 $ 2, 843, 098. 00 $ 2, 843, 416. 00 $ 2, 928, 269. 00 2009 2009 2010 2011 2012 2013 2014 Expenditures Budaet Revised Variance Proposed Proposed Proposed Proposed Proposed Engineering 30, 000. 00 $ 19, 445. 00 $ 10, 555. 00 $ 25, 000. 00 $ 25, 000. 00 $ 25, 000. 00 $ 25, 000. 00 $ 25, 000. 00 Collection Fees 51, 533. 00 $ 51, 533. 00 $ 56, 350. 00 $ 56, 350. 00 $ 56, 350. 00 $ 56, 350. 00 $ 58, 040. 00 Miscellaneous Transfer out- General Fund $ 2, 048, 565. 00 $ 1, 677, 229. 00 $ 371, 336. 00 $ 1, 961. 158. 00 $ 1, 877, 434. 00 $ 1, 894, 157. 00 $ 1, 552, 842. 00 $ 1, 763, 490. 00 Annual Overlays 488, 220. 00 $ 346, 522. 00 3 141, 698. 00 $ 420, 000. 00 $ 411, 894. 00 $ 391, 894. 00 $ 81, 913. 00 $ 400, 000. 00 Wayfinding Signs 8, 000. 00 $ 8, 000. 00 $ 81, 893. 00 $ 80, 000. 00 $ Snowmelt Rd. replacement $ 350, 000. 00 BC/ Wood Rd. Roundabout $ 623, 152. 00 $ BC/ Owl Roundabout 2, 552. 853. 00 Bus Stops 20, 000. 00 $ ( 20, 000. 00) $ Snowmelt Boiler Maintenance $ 10, 000. 00 $ 10. 000. 00 $ 10. 000. 00 $ 10, 000. 00 Bridge Maintenance 5, 000. 00 $ 5, 000. 00 $ 5, 000. 00 $ 5, 000. 00 Tiewall Maintenance 5, 000. 00 $ 5. 000. 00 $ 5, 000. 00 $ 5, 000. 00 Tiewall Replacement g Total 2, 626, 318. 00 $ 2, 122, 729. 00 $ 503, 589. 00 $ 2, 914, 401. 00 $ 3, 093. 830. 00 $ 2. 387, 401. 00 $ 1, 716, 105. 00 $ 4, 819, 383. 00 SUMMARY Beginning Carryover 52, 489. 64) $ ( 52, 489. 64) $ 561, 858. 36 $ 589. 346. 36 $ 385, 305. 36 $ 841, 002. 36 $ 1, 968, 313. 36 Revenue 3, 117, 161. 00 $ 2, 737, 077. 00 $ ( 380, 084. 00) $ 2, 941, 889. 00 $ 2, 889, 789. 00 $ 2, 843, 098. 00 $ 2, 843, 416. 00 $ 2, 928, 269. 00 Expenditures 2, 626, 318. 00) $ ( 2, 122, 729. 00) $ 503, 589. 00 $ ( 2, 914, 401. 00) $ ( 3, 093, 830. 00) $ ( 2, 387, 401. 00) $ ( 1, 716, 105. 00) $ ( 4, 819, 383. 00) Ending Carryover 438, 353. 36 $ 561, 858. 36 $ 123, 505. 00 $ 589, 346. 36 $ 385, 305. 36 $ 841, 002. 36 $ 1, 968, 313. 36 $ 77, 199. 36 12/ 2/ 2009 9: 26 AM SC6he 93 . 3/4 666') Awe_ .. TOWN OF SNOWMASS VILLAGE ROAD MILL LEVY FUND Notr MMus wrkn< c1• gums are wf. w bk BUDGET SUMMARY 2W8 2009 2009 20W 2010 2010 2011 2012 2013 2014 DESCR3P ON ACTUAL B006E0 REVISED VARIANCE PROPOSED VARIANCE PROPOSED PROPOSED PROPOSED PROPOSED CARRYOVER 390, 908. 30) ( 55¢, 489.") ( 552, 89.") 0. 00 6561, 658. 36 5614, 348. 00 $ 515, 191. 36 5526. 996. 36 $ 1, 198, 539. 36 $ 2. 212. 725. 36 REVENUES 52, 603. 361. 62 $ 3. 117. 161. 00 $ 2," 1, 011. 00 ( 5380, 0", 00) $ 1.] 46, 9K. 00 5609," 5. 00 S 3, 291." 2. 00 $ 3248, 151. 00 $ 128, 469. 00 $ 738, 4". 00 DPBJDITVRES 52. 2". 918. 961 $ ( 2. 626. 313M) $ ( 2, 122. 79. 00) $ 803. 519. 00 $ ( 3, 393. 609. 00) ( 11220. 680. 00) $ ( 3. 283, 031. 00) $ I25/ 6. 608. 00) $ ( 2 235. 293. 00) $ (+. 44]. 8]4. 00) YEAR END CARRYOVER 552. 449.") $ 438, 353. 36 $ 661, 858. 36 5123, 505. 00 $ 315, 191. 36 ($ 6, 667. 00) $ 526, 996. 36 $ 1. 198. 539. 36 $ 2. 211] 15. 36 1109, 314. 36 Apprap ti f. 2008 2009 2009 2009 2010 2010 2011 2012 2013 2014 Year EM Camv93er AMAL BUDGET REVISED VARIANCE PROPOSED VARIANCE PROPOSED PROPOSED PROPOSED PROPOSED SNOWMELT ROAD RESERVE 0. 00 060 0. 00 5900 50. 00 0. 00 0. 00 50. 00 0. 00 50. 00 INTERFIMD PAYABLE 1569, 062. 58) 50. 00 0. 00 50. 00 0. 00 0. 00 0. 00 50. 00 0. 00 0. 00 LNAPPRQRIATEO RESERVE 516, 592. 94 $ 38, 353. 36 $ 561, 858. 36 $ 123, 505. 00 $ 515. 191. 36 ($ 6661. 00) $ 526, 996. 36 $ 1. 198, 539. 36 $ 2, 211, 715. 36 • 5109, 311. 36 Ycm EM Appl., ei 552, b9. 6q $ 438, 353. 36 5561, 858. 36 $ 123, 505. 00 $ 515, 191. 36 ($ 6, 661. 00) $ 526, 996. 36 51, 196, 539. 36 $ 2. 211, 115. 36 5109,] 11.36 Scenario# 3 - 3/ 4 Add' I Revenue 2010 ROADFUND 2009 2009 2010 2011 2012 2013 2014 Revenues Budget Revised Variance Proposed Proposed Proposed Proposed Proposed Property Taxes - S 2, 576, 687. 00 $ 2, 576, 687. 00 $ 3, 222, 542. 00 $ 3, 222, 542. 00 $ 3, 222, 542. 00 $ 3, 222, 542. 00 $ 3, 319. 218. 00 Road Cut Permits Occupancy Assessments 519, 474. 00 $ 155, 000. 00 $( 364, 474. 00) 114, 400. 00 S 62, 000. 00 $ 15, 000. 00 $ 15, 000. 00 $ 15, 000. 00 Transfer in- RETT Fund Interest Income 21, 000. 00 $ 5. 390. 00 $ ( 15, 610. 00) 10, 000. 00 $ 10, 300. 00 $ 10609. 00 $ 10, 927. 00 $ 11, 255. 00 Total 3, 117, 161. 00 $ 2, 737, 077. 00 $( 380, 084. 00) 3, 346, 942. 00 $ 3, 294, 842. 00 $ 3, 248, 151. 00 $ 3, 248, 469. 00 $ 3, 345, 473. 00 2009 2009 2010 2011 2012 2013 2014 Expenditures Budget Revised Variance Proposed Proposed Proposed Proposed Proposed Engineering 30, 000. 00 $ 19, 445. 00 $ 10, 555. 00 25, 000. 00 $ 25, 000. 00 $ 25, 000. 00 $ 25, 000. 00 $ 25, 000. 00 Collection Fees 51, 533. 00 $ 51, 533. 00 $ 64, 451. 00 $ 64, 451. 00 $ 64, 451. 00 S 64, 451. 00 $ 66, 384. 00 Miscellaneous Transfer out- General Fund 2, 048, 565. 00 $ 1, 677, 229. 00 $ 371, 336. 00 1, 961, 158. 00 $ 1, 877, 434. 00 $ 1, 894, 157. 00 $ 1, 552, 842. 00 $ 1, 763, 490. 00 Annual Overlays 488, 220. 00 $ 346, 522. 00 S 141, 698. 00 513, 000. 00 $ 513, 000. 00 $ 513, 000. 00 $ 513, 000. 00 $ 513, 000. 00 Way6nding Signs 8, 000. 00 $ 8, 000. 00 $ S 100, 000. 00 $ 100, 000. 00 $ Snovernelt Rd. replacement 350, 000. 00 BC/ Wood Rd. Roundabout S S 623, 152. 00 $ BC/ Owl Roundabout 3, 000, 000. 00 Bus Stops 20, 000. 00 $ ( 20, 00D. 00) Snowmelt Boiler Maintenance 30, 000. 00 $ 30, 000. 00 $ 30, 000. 00 $ 30, 000. 00 $ 30, 000. 00 Bridge Maintenance S 40, 000. 00 $ 40, 000. 00 $ 40, 000. 00 $ 40, 000. 00 $ 40, 000. 00 Tievrall Maintenance S S 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 Tie vall Replacement S 300, 000. 00 $ Total 2, 626, 318. 00 S2, 122, 729. 00 S 503, 589. 00 3, 393, 609. 00 $ 3, 283, 037. 00 $ 2, 576, 608. 00 $ 2, 235, 293. 00 $ 5, 447, 874. 00 SUMMARY - - -Beginning Carryover 52, 489. 64) S ( 52, 489. 64) S 561, 858. 36 $ 515, 191. 36 $ 526, 996. 36 $ 1, 198, 539. 36 $ 2, 211, 715. 36 Revenue 3, 117, 161. 00 S2, 737, 077. 00 S( 380, 084. 00) 3, 346, 942. 00 $ 3, 294, 842. 00 $ 3, 248, 151. 00 $ 3, 248, 469. 00 $ 3, 345, 473. 00 Expenditures 2, 626, 318. 00) $( 2, 122, 729. 001 5503, 589. 00 3393609. 00) $( 3, 283, 037. 00) $( 2, 576. 608. 00) $( 2, 235, 293. 00) $( 5, 447, 874. 00) Ending Carryover 438, 353. 36 S 561, 858. 36 S 123, 505. 00 515, 191. 36 $ 526, 996. 36 $ 1, 198, 539. 36 $ 2, 211, 715. 36 $ 109, 314. 36 04- 1/2 MWI TOWN OF SNOWMASS VILLAGE ROAD MILL LEVY FUND Not.; M.. wH. rce f.,., ar. mf. wr. bk BUbrET SUMMARY 2008 2009 2009 2009 HID MID 2011 W12 2013 2014 DESCRIPTION ACNAL WD REVISED VARIANCE PROPOSED VARIANCE PROPOSED PROPOSED PROP05ED PROPOSED CARRYOVER 5390, 908. 30) 0. 00 $% I, BM. 36 $ 614, 348. 00 $ 747. 247. 36 5691, 108. 36 $ 1294, 707. 36 $ 2, 239939. 36 REVENUES 52, 603, 367- 62 $ 3. 117, 161. 00 2, 737, 0]1. 00 ($ W. 081. 001 $ 3. 131693, 00 5394, 616M $ 3.0". 393. 00 $ 3032. 902. 00 $ 3. 033, 220. 00 $ 3, 123. 767. 00 EPENDITVRes 2, 261. 948. 96) $ ( 2, 626. 318. 00) $ ( 2. 122. 729. 00) $ 503. 589. 00 $ ( 2. 948, 30400) ($ 823, 53 W) $ ( 3, 135, 13? 00) $ ( 2, 429, 303. 00) $ ( 2, 087. 998, M) $ ( 5. 300, 110. 00) I---------------------- ------ I---------- ---------------- ---------------- --------------- I ---------------- ---------------- ---------------- ---------------- ---------------- ---------------- YEAR END CARRYOVER 52. 489.") $ 438. 353. 36 $ 56I. 858. 36 $ 223,". W $ 747, 247, 36 $ 185, 389. 00 $ 691. 108. 36 $ 1, 294J07. 36 $ 2239939. 36 $ 63, 266. 36 Apprcpnalim fray 2008 2009 2003 2009 zolo 2020 2021 2012 2013 2014 Year EM Ca ft ACTUAL wb REVISED VARIANCE PROPOSED VARIANCE PROPOSED PROPOSED MMSED PROPOSED SNOWMELT ROAD RESERVE 0. 03 0r00 o. w 0. 03 0. 00 0.00 0. W 0. 00 0. 00 0,00 INTERFVND PAYABLE. 569. 082. 38) 0oo 0. 03 0. 03 som som 0. w 0. 00 0. 03 000 UNAPPROPRIATED RESERVE 516, 592." $ 433, 35336 $ 56I. 658. 36 $ 223. 505. 00 $ 747, 247. 36 $ 185. 389. W $ 691. 108. 36 $ 1, 294, 707. 36 $ 2, 239, 939. 36 $ 63. 266. 36 I---------------------- ----------------- ---- ----------- - -------------- --------------- -------------- ----------- ---- ---------------- ---------------- ---------------- ---------------- I I Yew Ed A9prvpHcfi 52. 489.") $ 438353. 36 $ 56I. 838. 36 $ 123. 505. W $ 747, 247. 36 $ 195, 339. 00 $ 691. 108. 36 $ 1, 294, 707. 36 $ 2, 239, 9]9. 36 $ 63266. 36 ROAD BUDGET SUMMARY- 2010- Final 12- 01- 09. xls Scenario:# 4 -> 1d2 Add` i Revenue 2010 ROAD FUND 2009 2009 2010 2011 2012 2013 2014 Revenues Budget Revised Variance Proposed Proposed Proposed Proposed Proposed Property Taxes 2. 576, 687. 00 $ 2, 576, 687. 00 $ 3, 007, 293. 00 $ 3, 007, 293. 00 $ 3, 007, 293. 00 $ 3, 007, 293. 00 $ 3, 097, 512. 00 Road Cut Permits Occupancy Assessments 519. 474. 00 $ 155, 000. 00 $ ( 364, 474. 00) $ 114, 400. 00 $ 62, 000. 00 $ 15, 000. 00 $ 15, 000. 00 $ 15, 000. 00 Transfer in- RETT Fund Interest Income 21, 000. 00 $ 5, 390. 00 $ ( 15, 610. 00) $ 10, 000. 00 $ 10, 300. 00 $ 10, 609. 00 $ 10, 927. 00 $ 11, 255. 00 Total 3, 117, 161. 00 $ 2, 737, 077. 00 $ ( 380, 084. 00) $ 3, 131, 693. 00 $ 3, 079, 593. 00 $ 3, 032, 902. 00 $ 3, 033, 220. 00 $ 3, 123. 767. 00 2009 2009 2010 2011 2012 2013 2014 Expenditures Budget Revised Variance Proposed Proposed Proposed Proposed Proposed Engineering 30. 000. 00 $ 19, 445. 00 $ 10, 555. 00 $ 25, 000. 00 $ 25, 000. 00 $ 25, 000. 00 $ 25, 000. 00 $ 25, 000. 00 Collection Fees 51, 533. 00 $ 51, 533. 00 $ 60. 146. 00 $ 60, 146. 00 $ 60, 146. 00 $ 60, 146. 00 $ 61, 950. 00 Miscellaneous Transfer out- General Fund $ 2, 048, 565. 00 $ 1, 677, 229. 00 $ 371, 336. 00 $ 1, 961, 158. 00 $ 1, 877, 434. 00 $ 1, 894, 157. 00 $ 1, 552. 842. 00 $ 1, 763, 490. 00 Annual Overlays 488, 220. 00 $ 346, 522. 00 $ 141, 698. 00 $ 420, 000. 00 $ 420, 000. 00 $ 420, 000. 00 $ 420, 000. 00 $ 420, 000. 00 Wayfinding Signs 8, 000. 00 $ 8, 000. 00 $ 100, 000. 00 $ 100, 000. 00 $ Snowmelt Rd. replacement $ 35D, 000. 00 BC/ Wood Rd. Roundabout $ 623, 152. 00 $ BC/ Owl Roundabout 3, 000, 000. 00 Bus Stops 20, 000. 00 $ ( 20, 000. 00) $ Snowmelt Boiler Maintenance $ 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 Bridge Maintenance 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 Tiewall Maintenance 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 $ 10, 000. 00 Tiewall Replacement Total 2, 626, 318. 00 $ 2, 122, 729. 00 $ 503, 589. 00 $ 2, 946, 304. 00 $ 3, 135, 732. 00 $ 2, 429, 303. 00 $ 2, 087, 988. 00 $ 5, 300, 440. 00 SUMMARY Beginning Carryover 52. 489. 64) $ ( 52, 489. 64) $ 561, 858. 36 $ 747, 247. 36 $ 691, 108. 36 $ 1, 294, 707. 36 $ 2, 239, 939. 36 Revenue 3, 117, 161. 00 $ 2, 737, 077. 00 $ ( 380, 084. 00) $ 3, 131, 693. 00 $ 3, 079. 593. 00 $ 3, 032, 902. 00 $ 3, 033, 220. 00 $ 3, 123, 767. 00 Expenditures 2, 626, 318. 00) $ ( 2, 122, 729. 00) $ 503, 589. 00 $ ( 2, 946 304. 00) $ ( 3, 135, 732. 00) $ ( 2, 429, 303. 00) $ ( 2, 087, 988. 00) $ ( 5, 300, 440, 00) Ending Carryover 438, 353. 36 $ 561, 858. 36 $ 123, 505. 00 $ 747, 247. 36 $ 691, 108. 36 $ 1, 294, 707. 36 $ 2, 239, 939. 36 $ 63, 266. 36 12/ 2/ 2009 9: 25 AM MEMORANDUM TO: Snowmass Village Town Council FROM: Marianne Rakowsi, Finance Director DATE: December 7, 2009 SUBJECT: Approving the 2010 mill levy for the Town of Snowmass Village I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Review and approve Resolution No. 30, Series of 2009. A Resolution establishing the property tax mill levy for the Town of Snowmass Village. II. DISCUSSION ISSUES Resolution No. 30, Series of 2009 establishes the property tax mill levy for the year 2010. The Pitkin County Assessors Office provided the Town with the estimated assessed valuation in mid-October year for use in the budget process. By December 10th of each year, the County Assessor must recertify the assessed valuation to each entity. By December 15`h of each year, the Town must certify the mill levy to Pitkin County, This resolution meets that deadline. The Town is reducing the overall Town mill levy. Under TABOR, the General Fund is allowed to increase property tax revenues from 317,872 to $327,217. The 2010 adopted General Fund budget leaves the property tax revenue at the 2009 level (no increase). Should Council decide to collect the TABOR amount, the General fund would collect an additional $9,345. The Road Mill Levy Fund property taxes will be determined during the agenda item preceding this one. The Debt Service Fund mill levy will be reduced from 3.889 mills to 2.889 mills due to the increase in assessed value and a decrease in debt payments due to the refinancing. 111. STAFF RECOMMENDATIONS AND FINDINGS Adopt Resolution No. 30, Series of 2009 with the inserted Road Fund numbers. SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 30 SERIES OF 2009 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2010 TO HELP DEFRAY THE COST OF GOVERNMENT FOR THE TOWN OF SNOWMASS VILLAGE, COLORADO;AND TO PAY GENERAL OBLIGATION BOND PRINCIPAL, INTEREST AND RELATED COSTS AND FOR THE TOWN'S ROAD IMPROVEMENT PROGRAM, FOR THE 2010 BUDGET YEAR. WHEREAS,the Town Council of the Town of Snowmass Village has adopted the annual budgets in accordance with the Local Government Budget Law on October 19,2009 with the exception of the Road Mill Levy Fund,which was adopted on December 7,2009; and WHEREAS,the amount of money necessary to balance the 2010 budget for general operating expenses is$317,715;and WHEREAS,the amount of money necessary to pay General Obligation Bond principal, interest and related costs for the Operations Facility, Road Bonds, Rodeo Property, Droste Conservation Easement, Recreation Center and the Community Swimming Pool is$1,986,753;and WHEREAS,the amount of money necessary to fund the Road Mill Levy Fund is$ and WHEREAS,the 2009 valuation for assessment for the Town of Snowmass Village, Colorado, as certified by the County Assessor is$687,695,682. NOW,THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village,Colorado: Section One:Action 1.That for the purposes of meeting all general operating expenses of the Town of Snowmass Village during the 2010 budget year,there is hereby levied a tax of.768 mills less a temporary mill levy reduction of.306 for a net mill levy of.462 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2010. 2.That for the purpose of paying General Obligation Bond principal, interest and related costs for the Operations Facility, Road Bonds, Rodeo Property, Droste Conservation Easement, Recreation Center and the Community Swimming Pool, there is hereby levied a tax of 2.889 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2010. 3.That for the purpose of funding the Road Mill Levy Fund,there is hereby levied a tax of mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2010. 09-30 4.That for the purpose of receiving taxes abated and refunded,there is hereby levied a tax of.037 upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2010 to receive$25,445. 5.That the Finance Director is hereby authorized and directed to immediately certify to the County Commissioners of Pitkin County, Colorado,the mill levies for the Town as hereinabove determined and set. INTRODUCED, READ AND ADOPTED on the first reading by the Town Council 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. TOWN OF SNOWMASS VILLAGE Bill Boineau,Mayor ATTEST: Rhonda Coxon,Town Clerk TOWN OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING NOTICE PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: Monday, December 7, 2009 TIME: During a meeting which begins at 4:00 P.M. at Town Hall or at such time thereafter that the item appears on the agenda of the Town Council. WHERE: Town Council Chambers Town Hall, 15' Floor 0130 Kearns Road Snowmass Village, CO WHY: To receive public on suggested code changes for Chapter 18, specifically adopting the 2009 Series of International Codes. SUMMARY OF CHANGES To update the Municipal Code from 2003 Series of Codes to the 2009 2009 International Existing Building Code (IEBC) 2009 International Building Code (IBC) 2008 National Electric 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) INFO: Building Codes were last updated in November of 2003 Building Codes change every three years. The 2006 Series of codes were not adopted Town Clerk Telephone: 923-3777 Internet access to Council email: hftp://www.tosv.com Citizen Feedback Hotline: 922-6727 clerk(cDtosv.com Post and Printed in the Snowmass Sun on November 18, 2009 MEMORANDUM TO: Snowmass Village Town Council FROM: Mark Kittle, Building Department DATE: November 2, 2009, Updated 11-30-09 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 I st Reading with or without amendments. Continue Public Hearing and approve Ordinance at 2nd reading. Codify Municipal Code. New section added 11-30-09) VII INTERNATIONAL ENERGY CONSERVATION CODE The International Energy Conservation Code (IECC) is recognized as the national model energy code of choice for U.S. cities, counties and states that adopt codes. The IECC and its predecessor, the Model Energy Code (MEC), are cited throughout Federal law for national private and public housing initiatives. For instance, Title III of the Energy Conservation and Production Act, as amended (ECPA), establishes requirements for the U.S. Department of Energy (DOE) to review each new version of the IECC and determine if it is an improvement in energy efficiency over previous versions. The IECC also serves as the basis for federal tax credits for energy efficient homes,I energy efficiency standards for federal residential buildings and manufactured housing.3 Under federally insured energy efficient mortgage programs (FHA and VA) and the conventional secondary mortgage market (Fannie Mae and Freddie Mac), properties meeting the IECC are considered energy efficient and eligible for a two percentage point increase in the applicants debt-to-income qualifying ratios on loans thereby allowing borrowers to qualify for a larger loan amount and a more energy-efficient home.° The 2009 edition of the IECC continues to emphasize both prescriptive and performance- related provisions for both commercial and residential buildings. Insulation, window and skylight requirements for the thermal envelope for both residential and commercial buildings are based on International climate zones. Performance criteria for compliance with residential energy efficiency requirements using simulated energy analysis is also addressed. To a large extent the layout of the 2009 edition remains unchanged, despite the fact that it brings with it more energy efficiency improvements than ever before in the history of the IECC or MEC. The efficient gains set a new baseline for IECC-compliant homes and Energy Policy Act of 2005, Pub. L. 109-58 7 ECPA, Pub. L. 94-385 3 Energy Independence and Security Act of 2007, Pub. L. 110-140 4 http://www.energystar.gov/index.cfm buildings, and while, there will be a regional variability and uncertainty in the technology penetration, preliminary estimates from U.S. DOE suggest the 2009 IECC will be at least 18 percent and possibly even 22 percent more energy efficient than the 2006 IECC.5 American homes built to the IECC will consume less energy, and American families who live in those homes will save energy costs. 5 David Rodgers, Deputy Assistant Secretary, U.S. DOE-EERE TOWN OF SNOWMASS VILLAGE Ordinance No. 20 Series of 2009 AN ORDINANCE TO UPDATE CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO INCLUDE THE ADOPTION OF THE 2009 SERIES OF "I"CODES AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL. WHEREAS, the Town of Snowmass Village has the authority to implement regulations for new and existing construction within the limits of the Town, and WHEREAS, it is imperative that the Town remain current with prevailing codes and regulations as they exist in other areas of the country, and WHEREAS, citizens of the Town deserve the most current regulations and provisions for fire and life safety as it relates to building construction, and WHEREAS, the Building Code Board of Appeals of Snowmass Village has reviewed, modified and approved the changes contained herein as the new Building Regulations for the Town of Snowmass Village, and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, as follows: Section One: Amendments to Chapter 18. The provisions of Chapter 18 of the Municipal Code are hereby amended and restated as follows: ARTICLE - I General Provisions Section 18-9 The International Existing Building Code, 2009 Edition, published by the International Code Council, 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, in particular Chapters 1 through 14, inclusive, is hereby adopted by reference as the Existing Building Code for the Town, with the following amendments: 1) In Section 101.1, Title, insert "Town of Snowmass Village". 2) In Section 1201.2, Applicability, insert "November, 2009". 1 ARTICLE - III Building Code Section 18-41 Adoption The International Building Code, 2009 Edition, published by the International Code Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, and in particular Chapters 1 through 35, inclusive, and Appendix Chapters; A, B, C, E, G, I, J, K inclusive, is hereby adopted as the Building Code for the Town. Section 18-42 Amendments Section 1609.3 Basic Wind Speed is amended as follows: 1609.3 Basic Wind Speed. The minimum basic wind speed for any site within the limits of the Town shall be a minimum of seventy-six (76) miles per hour fastest mile or ninety (90) miles per hour three-second gust. Exposure Type B shall be used in these calculations." ARTICLE - IV Electrical Code Section 18-61 Adoption The Town Council has adopted, by reference thereto, the National Electrical Code, 2008 Edition, published by the National Fire Protection Association, Batterymarch Park, Massachusetts 02269, subject to the amendments herein. Section 18-62 Amendments e) Section 210.52(G) 3 is added, to read as follows: 210.52(0) 3. Spark-Producing and Electrical Heating Devices. Installation of all spark-producing devices and electrical heating devices in residential garages, repair shops or any area where heavier than air flammable vapors may be present shall be installed a minimum of eighteen (18) inches above the finished floor. In instances where the Electrical Code is more restrictive, the Code shall prevail." ARTICLE - V Mechanical Code 2 Section 18-81 Adoption The International Mechanical Code, 2009 Edition, published by the International Code Council, Inc., 5203 Leesburg Pike, Virginia 22041-3401, in particular Chapters 1 through 15, inclusive, and Appendix Chapters A and B, is hereby adopted as the Mechanical Code of and for the Town. Section 18-82 Amendments c) The fees for mechanical work in Section 106.5.2, Fee Schedule, shall be as indicated in the following schedule: Table B101" Mechanical Permit Fees" 13101.2.1 Fee for inspecting heating, ventilating, ductwork, air-conditioning, exhaust, venting, combustion air, pressure vessel, solar, fuel oil and refrigeration systems and appliance installations. 25.00 for the first $1,000.00 or fraction thereof of valuation of the installation plus $4.50 for each additional $1,000.00 or fraction thereof. B101.2.2 Fee for inspecting repairs, alterations and additions to an existing system. 25.00 plus $4.50 for each $1,000.00 or fraction thereof. ARTICLE - VI Plumbing Code Section 18-101 Adoption The International Plumbing Code, 2009 Edition, published by the International Code Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, in particular Chapters I through 13, inclusive and Appendix Chapters A, D, E and F, is hereby adopted as the Plumbing Code of and for the Town. Section 18-102 Amendments k) Section 106.6.2 is amended, to read as follows: 106.6.2 Fee Schedule. The fees for all plumbing work shall be as indicated in the following schedule: Plumbing Permit Fees 3 Initial fee for issuing each permit 25.00 Fee for inspecting the erection, installation, $25.00 for the first $1,000.00 or fraction alteration, repairs, relocation, replacement, thereof of valuation of the installation plus addition to, use or maintenance of $4.50 for each additional $1,000.00 or plumbing systems within this jurisdiction. fraction thereof. Fee for inspecting outside of normal $50.00/ Hour business hours. Reinspection fees 50.00 ARTICLE - VII Fire Code Section 18-121 Adoption The International Fire Code, 2009 Edition, published by the International Code Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, in particular Chapters 1 through 47, inclusive, and Appendix Chapters B, C, and D, is hereby adopted as the Fire Code of and for the Town. Section 18-122 Amendments 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. An automatic fire extinguishing system shall be installed in all buildings greater than five- thousand (5,000) square feet, or as required by other codes. Firewalls shall not be considered to create separate buildings for the purpose of calculation of square footage. 508.5.1.2 Location. (Relocate in its entirety to Section C102 Appendix Chapter C) 508.5.5 Clear space around hydrants. (Relocate in its entirety to Section C102 Appendix Chapter C) Delete Section C 10 1 in its entirety. Delete Section C103 in its entirety. Delete Section C105 in its entirety. Section 18-143.1 Carbon Monoxide Alarms This Section was added 04-01-09, Ordinance # 1, Series of 2009) 4 ARTICLE X Fuel Gas Code Section 18-191 Adoption The International Fuel Gas Code, 2009 Edition, published by the International Code Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, in particular Chapters 1 through 7, inclusive, and Appendix Chapters A, B, C and D, is hereby adopted as the Fuel Gas Code of and for the Town. ARTICLE XI Energy Conservation Code Section 18-221 Adoption The International Energy Conservation Code, 2009 edition, published by the International Code Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, in particular, Chapters 1 through 8 inclusive and the appendix chapter is hereby adopted as the Energy Conservation Code of and for the Town of Snowmass Village. Section 18-224 Building Efficiency & Renewable Energy Offset Program This Section was added 11-01-08, Ordinance # 11, Series of 2008) ARTICLE XII Residential Building Code Section 18-241 Adoption The International Residential Code, 2009 Edition, published by the International Code Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401, and in particular Chapters 1 through 44, inclusive, and Appendix Chapters A, B, C, D, E, F, G, H, J, K, M, N, P and Q, is hereby adopted as the Residential Code of and for the Town. Section 18-242 Amendments a) Design Criteria. Table R301.2 (1) of the International Residential Code is amended, to read as follows: 5 Table R301.2 (1) Climatic and Geographic Design Criteria GROUND WIND EXPOSURE SEISMIC WEATHERING FROST LINE SNOW SPEED DESIGN DEPTH LOAD 165PSF @ 76 MPH B C SEVERE 42" 9100 FEET FASTEST MILE TERMITE WINTER ICE FLOOD AIR MEAN DESIGN BARRIER HAZARD FREEZING ANNUAL TEMP INDEX TEMP SLIGHT TO -15 DEGREES YES NONE 2000 40 DEGREES MODERATE FARENHEIT FARENHEIT h) Section E3401.5, Conflicts, is added, to read as follows: E3401.5 Conflicts. Whenever, for any reason, there is a conflict between this code and the National Electrical Code, the provisions of the National Electrical Code shall govern." Section Two: Effective Date. This Ordinance shall become effective on January 1, 2010. Section Three: Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on First Reading on November 16th, 2009 upon a motion by Council Member Lewis, the second of Council Member Mordkin and upon a vote of 5 in favor and 0 opposed. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on Second Reading on December 7th, 2009 upon a motion by Council Member the second of Council Member and upon a vote of in favor and opposed. 6 TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda Coxon, Town Clerk APPROVED AS TO FORM: John Dresser, Town Attorney 7 MEMORANDUM TO: Snowmass Village Town Council FROM: Joe Coffey, Housing Director DATE: December 7, 2009 SUBJECT: Discussion: Recovery of Deed Restricted Homeowner Expenses due to a Natural Event I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL Council requested a discussion with staff to determine if deed restricted employee homeowners expenses incurred due to a Natural Event should be recoverable. The current housing guidelines are very specific and do not allow the homeowner to recover any type of repair expenses period. The discussion today is related to the flood event at the Crossing on July 3, 2006 and the repair expenses incurred by two homeowners. II. BACKGROUND This topic was discussed last November and Council directed staff to review the flood event with the Casebeer and Podolak homeowners who had a considerable amount of repair expense due to this flooding. The Housing Director met with both parties to review the flood expenses and discuss the flood event. Both of these homeowners explained how this event created an extreme financial hardship for their families. Also both homeowners feel the flooding from this event was due to the Town not having an adequate storm drainage system for the Crossings neighborhood. The repair expenses vary significantly on these homes due to the different home designs. The Podolak's home was completely flooded on the bottom floor (half of their home) and Casebeer's home had a substantial amount of flood damage in their finished basement. Charley Podolak has submitted invoices for $46.919 of which $40.129 are true construction expenses. Doug Casebeer has submitted invoices for $23.425 of which approximately $20.000 was spent on true construction repairs. Both of these homeowners did not have insurance for a flood event so these were out of pocket expense Listed below are the pros and cons of allowing recovery of expenses for this specific natural event: Pros: Allowing these homeowners the ability to recover repair expenses will help insure the home is repaired to its original construction. Cons: Adding repair expenses on the resale price of these deed restricted homes can substantially raise the cost of the home for the next home buyer. A similar or identical home with no repair expenses added will have a lower purchase price and most likely be in the same condition. Allowing repairs from Natural Events to be recovered by increasing the resale price could have significant impacts on the future affordability of the deed restricted homes. III. OPTIONS Council has several options to consider: 1. Allow a full recovery of the construction repair expenses to be added to the resale price of these homes. 2. Allow a certain percentage of the construction repair expenses to be added to the home resale price. 3. Determine that the construction repair expenses are homeowner expenses and this is not recoverable. IV. STAFF RECOMMENDATION: Staff recommends option #3 due to the following reasons. Keeping affordable housing affordable is a difficult task and all items added to the resale price will impact future home buyers forever. This is the primary reason why the Town's Housing Guidelines have been so restrictive in controlling the resale price to date. All homeowners must assume the risks of home ownership expenses and unexpected expenses affect every homeowner not just deed restricted homeowners. If Council believes the repair expenses should be recoverable staff recommends that Council consider allowing 25% of the construction expenses to be recoverable and added to the resale price of these homes. Allowing the Crossings homeowners to recover 25% of the flood damage construction expenses will create parity with the recoverable amount given to the Country Club Townhome homeowners for their exterior renovation project. MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest, Town Manager DATE: December 7, 2009 SUBJECT: Request for Support from Jazz Aspen Snowmass I.Purpose and Actions Requested of Council: At the November 16, 2009 Council meeting, representatives of Jazz Aspen Snowmass JAS) requested that the Town increase their support/sponsorship of the event from 150,000 to $250,000. JAS also requested that the Town allow more tickets to be sold for the event. As an alternative to those requests, JAS asked that the Town support a change in venue to Buttermilk for greater capacity to support "A" level talent which would allow for increased attendance. Since various messages had been communicated from JAS over the last month, the Council and staff asked that JAS put their request in writing which is attached. II.Background The Town of Snowmass Village has sponsored JAS since 2003 through funding from the Marketing budget in exchange for tangible benefits such as inclusion in advertising, promotional support, discounted tickets for lodges to bundle with rooms, an onsite presence and GA & Patron tickets. Below is the overview of this financial support: 2003-2006: $162.51K sponsorship fee, plus $37.5K bonus to be earned based on every 1 K in attendance above the historical 24K up to 30K people. In 2003, JAS earned some of the bonus for a payout of$177.6K; the full bonus was realized in 2004 & 2005; and no bonus was paid out in 2006. 2007, 2008: Guaranteed $200K for significantly increased benefits including more ads and ads passed through to Snowmass Village, additional tickets, cross- promotions and greater onsite presence. 2009: $175K for same benefits as 2007 and 2008 except elimination of JAS June tickets. Total financial support for JAS since 2003 is $1,315,100, which on average is 187,871/year, III. Options for Councils Consideration Based on the discussion that occurred with Council on November 16`h, staff has prepared the following options with potential implications for the Town Council's consideration. Option 1: Increase financial support for JAS This option would increase funding for JAS from $150,000 currently allocated in the Marketing budget to $250,000. Council discussed several options including purchasing tickets from JAS to sell and recoup some of the $100K incremental contribution as well as a loan. Another option that was explored was the Town finding additional sponsors for the event. JAS responded that if the Town purchased tickets it would create confusion for guests, multiple fulfillment issues, and cannibalization of tickets sales between the Town and JAS. If the Town could help increase sponsorship of the event that could help meet JAS's expectation. However, increasing sponsorship in this economy would be uncertain at best and would not meet JAS's expectations. Additionally, it would simply move any potential sponsorship dollars from events the Town is trying to fund to JAS. This option could be done in a number of ways. First, the Town could donate its municipal services (Transportation, Police, Public Works ect) that have been historically charged back to JAS. That would have a value of approximately 60,000 that would need to be budgeted in the General Fund leaving an additional $40,000 that would need to come from the Marketing Fund. Another way would be to fund an additional $100,000 from the Marketing budget. There are consequences of further diluting the Marketing budget by spending a quarter of a million dollars on one weekend, which may include foregoing a new Saturday concert and a new culinary & arts event with the potential to become a signature summer weekend program for Snowmass Village. Another request made of the Town was to evaluate whether additional tickets could be sold for the existing venue in Snowmass Village. Based on a meeting with JAS, the Police Department, Wildcat Fire District, and the Snwomass Village Transportation Department, it is the Town's understanding that for Jazz Aspen Snowmass to look favorably on continuing to produce their Labor Day concerts in Snowmass Village they would need an increase in funding from the Town's Marketing Board and an increase in the Town Park site capacity from 11,000 persons to 12,000 persons. The 11,000 person limit was established two years ago after many years of real life experience with different size crowds and site configurations for this event. It should also be noted that JAS played an integral role in establishing this capacity and at that time, indicated that this was a number that would work well for them into the foreseeable future. The breakdown for the permitted capacity is 1000 patron tickets, 9000 general admission tickets and 1000 for support staff. ,The recent economic down turn was not part of JAS's foreseeable future and they are now requesting the ability to sell 500 more patron tickets and 500 more general admission tickets while retaining a support staff of up to 1000 people. After a preliminary discussion with the Fire Department,•Transportation Department and JAS management, staff is open to considering this increase in capacity with the understanding that the following conditions will be met: The revised site capacity for all of the areas within the grounds will continue to be in compliance with all Code requirements. JAS will propose changes to the configuration of the site that will increase the usable square footage of the grounds for the general admission audience. JAS will propose changes to the site configuration that will improve the smooth flow of patrons during egress from the site. JAS will continue to work with the Police Department on procedures designed to periodically determine the actual number of persons on the site as the event day progresses. Option 2: JAS moves to Buttermilk Council also asked that staff look at the option of JAS moving to Buttermilk and the business implications of that for the Town. Attached is a sponsorship proposal from JAS to the Marketing Board & Staff reflecting increased benefits at a significantly lower sponsorship fee of$75,000 note: the proposal has not been fully negotiated). With the theory that moving to Buttermilk would allow JAS to book"A" level talent which would increase event attendance, and given competitive level lodging in Aspen is virtually sold out over Labor day weekend, Staff would propose the $75K be earned based on occupancy performance. In this scenario, Snowmass is positioned as 'the' lodging host for the event in all JAS marketing, including further discounted tickets for lodges to bundle with rooms and'1-800-SNOWMASS promoted as the call to"action. JAS After Dark would also be programmed in Snowmass Village to encourage people to head to the mall and base after the event on two of the JAS evenings. The $75K+ savings in the Marketing budget would then be proposed to support additional summer events and activities. Option 3: Take no action. This option involves maintaining the sponsorship level at $150,000 for JAS and taking the position that the Town looks forward to hosting the event in Snowmass Village in 2010. JAS would then need to accept the $150,000 or determine if they have an alternative location for the event. The risk of this option is that they may find an alternative location in which case the Town may or may not have an opportunity to assume the sponsorship program outlined in option 2. If the venue changes and there is no sponsorship agreement as discussed in option 2, the 150K savings in the Marketing budget would be proposed for additional summer events & activities as well as summer marketing & promotion. It should be noted that the Aspen Skiing Company has maintained the position that Buttermilk is only available as a venue if the Town of Snowmass Village consents to a move to that venue. jazz aspen snowmass 20th Anniversary Season JAS Program Profile The mission of Jazz Aspen Snowmass is to present and preserve jazz, American, and popular music through world-class festivals, performances and education programs. PROGRAM 2010 JAS Labor Day Festival OVERVIEW: In a effort to explore all options to maximize opportunities of sustainability, 501c3 organization JAS is looking for a general "understanding" from TOSV officials concerning the location of the 2010 labor Day Festival, which has become a signature, world-class entity for the Aspen/Snowmass market. With cost escalating to produce such an event(talent& production expectations)to $2,300,000.+, it has become vital for JAS to protect this event by identifying potential revenue streams that will off-set such a risk. The following are other points of general consideration in the analysis of these proposed options: Title Sponsor Calamos Investments ended with 08 season(Janus Funds before that since mid nineties). The current climate for corporate sponsorship is dismal across the board (no less for a "title sponsor"- looking to Fall 2010 before some movement(will hopefully) initiate. Currently, JAS does not have the fortune of an "endowment" or other reserve fund to digest a"loss" for such an expensive production that is needed to attract the attendance that"moves the needle" for hotel, retail, bar& restaurant categories. The LD Festival represents the best opportunity for JAS to sustain itself for the future through revenue based on "potential gross capacity" which is hand- in-hand with # of tickets sold per festival day. This event represents our only opportunity to raise these funds in a significant way(based on capacity& rock/pop format), to establish a foundation for endowment, as well as for our education programs (JAS Academy& Local Education Initiative (LEI) Programs- over $5 million spent on music education programs since 1996). FIRST OPTION:LOCATION: SNOWMASS VILLAGE, SEPT. 3-4-5, 2010 SPONSORSHIP FEE: $250,000. (Sponsorship package attached). Festival remains in Snowmass Village for 2010 in the current 3-Day festival format. JAS will work with TOSV officials (Police&Fire) to determine if an add'I paid" capacity of 1,000 (500 Patron& 500 General Admission)can be included in overall site capacity. SECOND OPTION: LOCATION: BUTTERMILK MOUNTAIN, SEPT. 3-4-5, 2010 SPONSORSHIP FEE: $75,000. (Sponsorship package attached). Snowmass Village remains the "Preferred Partner" promoted in all advertising; marketing and PR- "800-SNOWMASS", and will utilize discounted festival tickets to cluster with'travel packages. JAS will initiate add'1 promotional cps including an After Dark Series and a merchant/retail discount program (Summer-long promotion). NEXT STEPS: By December 10th, 2009 -Determine option TOSV would like to proceed with. JAZZASPENpremier festivals since 1991 entertain S N OWM AS Seducate preserve 2010 SPONSORSHIP PROPOSAL—VALUE$250,000 Presenting Sponsor—Town of Snowmass Village Location—Snowmass Village VISIBILITY Marketing Logo in all JAS print advertising, posters, special supplements, direct mail, etc. One full page,4-color ad in the Official JAS June&Labor Day Programs published by the Aspen Times Opportunity to purchase one additional full page,4-color ad at a discount Acknowledgement in all radio promotion as hosted by Snowmass Village, CO On-stage acknowledgment, all performances(both festivals) Category Exclusivity Inclusion in press launch or any other pre-event promotional functions planned for Labor Day 1-800-SNOWMASS presented as exclusive lodging call-to-action for June and Labor Day festivals in all print, radio and television advertising where lodging mention is appropriate JAS to produce email postcard highlighting Snowmass lodging specials for both festivals, to be distributed to all relevant contacts in the JAS data base upon artist announcements www.snowmassvillage.com will be featured on JAS website as online lodging option Media Package 80,000 in in-kind radio media promotion to include: 0 1500 Comcast Spots to promote the Chili Pepper&Brew Festival 0 100 NRC Broadcasting Spots on Mountain Stations 0 50 NRC Broadcasting Spots on JACK FM, Denver 0 8o0-SNOWMASS presented as exclusive lodging number on KBCO promotion 80 spots) o Relix.com email newsletter to feature Snowmass lodging specials for the Labor Day Festival,to be distributed to all regional jambase.com contacts o Plum TV:weekly promotion of Free Concert Series during Thursday JAS Interview o TOSV to produce :15-:30 spot to be featured on the three JAS Labor Day LED Screens prior to and in between each festival act Bannerslsignage Two(2)logo banners, prominently placed stage left&right(Labor Day only) Two(2)banners outside Patron tent(Labor Day only) Three(3)banners on Patron tent fencing(Labor Day only) Eight(8)additional banners throughout Festival grounds including entrance(Labor Day only) JAS to produce stage banners for June Festival featuring Snowmass logo JAS to produce entrance banners for June Festival featuring Snowmass logo Web page link on Jazz Aspen Snowmass website Web page banner ENTERTAINMENT/TIC KET Four(4)Gold Passes with backstage access (Labor Day only) Fifty-six (56) Patron premier season passes with Patron tent access (Labor Day only) Fifty(50)Labor Day festival general admission tickets Opportunity for a private hospitality tent for your guests(both festivals) 25% discount on tickets for employees and customers General admission tickets made available for promotions that support JAS Labor Day event 25%discounted general admission event tickets for June and Labor Day for Snowmass lodges to bundle with discounted room rates for attractive JAS/lodging packages(these discounted tickets will be used solely by lodges for guest special lodging/event packages) Two (2)event posters signed by as many festival artists as feasible PROMOTIONS JAS to provide 10'x20'tent for TOSV promotions at the Labor Day Festival Right to distribute promotional materials at exit of main stage shows. TOSV may stuff program guides in advance with flyers that promote related mall activity Exclusive privilege to use Jazz Aspen Snowmass name and logo in corporate marketing and promotion JAS to provide TOSV with an end of season wrap-up package with complete marketing& PR information, audience profiles, etc. Snowmass promotion at Sonoma Jazz+to include Snowmass banners on-site, Snowmass logo inclusion on Festival LED screens, logo inclusion in festival program and distribution of Snowmass gift bags to Sonoma Jazz+Patrons Inclusion of text sign in option in one JAS email to entire data base of 10,000+ JAS TO RECEIVE 250,000 cash to be paid to Jazz Aspen Snowmass in 2010 JAZZASPENpremier festivals since 1991 entertain S N OWM AS Seducate preserve 2010 SPONSORSHIP PROPOSAL—VALUE$150,000/COST$75,000 Presenting Sponsor—Town of Snowmass Village Location—Buttermilk Mountain VISIBILITY Marketing Logo in all JAS print advertising, posters, special supplements, direct mail, etc. One full page,4-color ad in the Official JAS June&Labor Day Programs published by the Aspen Times Opportunity to purchase one additional full page, 4-color ad at a discount Acknowledgement in all radio promotion as hosted by Snowmass Village, CO On-stage acknowledgment, all performances(both festivals) Category Exclusivity Inclusion in press launch or any other pre-event promotional functions planned for Labor Day 1-800-SNOWMASS presented as exclusive lodging call-to-action for June and Labor Day festivals in all print, radio and television advertising where lodging mention is appropriate JAS to produce email postcard highlighting Snowmass lodging specials for both festivals, to be distributed to all relevant contacts in the JAS data base upon artist announcements www.snowmassvillage.com will be featured on JAS website as online lodging option Media Package 50,000 in in-kind radio media promotion to include: 0 1000 Comcast Spots to promote the Chili Pepper&Brew Festival o 100 NRC Broadcasting Spots on Mountain Stations o 50 NRC Broadcasting Spots on JACK FM, Denver o 800-SNOWMASS presented as exclusive lodging number on KBCO promotion 80 spots) o Relix.com email newsletter to feature Snowmass lodging specials for the Labor Day Festival, to be distributed to all regional jambase.com contacts o Plum TV:weekly promotion of Free Concert Series during Thursday JAS Interview o TOSV to produce :15-:30 spot to be featured on the three JAS Labor Day LED Screens prior to and in between each festival act Banners/signage Two(2)logo banners, prominently placed stage left& right(Labor Day only) Two(2)banners outside Patron tent(Labor Day only) Three (3)banners on Patron tent fencing (Labor Day only) Eight(8)additional banners throughout Festival grounds including entrance(Labor Day only) JAS to produce stage banners for June Festival featuring Snowmass logo JAS to produce entrance banners for June Festival featuring Snowmass logo Web page link on Jazz Aspen Snowmass website Web page banner ENTERTAINMENT/TIC KET Four(4)Gold Passes with backstage access(Labor Day only) Fifty-six(56) Patron premier season passes with Patron tent access(Labor Day only) Fifty(50) Labor Day festival general admission tickets Opportunity for a private hospitality tent for your guests (both festivals) 25%discount on tickets for employees and customers General admission tickets made available for promotions that support JAS Labor Day event 25% discounted general admission event tickets for June and Labor Day for Snowmass lodges to bundle with discounted room rates for attractive JAS/lodging packages(these discounted tickets will be used solely by lodges for guest special lodging/event packages) Two(2)event posters signed by as many festival artists as feasible PROMOTIONS Initiate After Dark Series following two(2)festival dates and a merchant/retail discount program (Summer long promo focused on Front Range&Denver markets). JAS to provide 10'x20'tent for TOSV promotions at the Labor Day Festival Right to distribute promotional materials at exit of main stage shows. TOSV may stuff program guides in advance with flyers that promote related mall activity Exclusive privilege to use Jazz Aspen Snowmass name and logo in corporate marketing and promotion JAS to provide TOSV with an end of season wrap-up package with complete marketing& PR information, audience profiles, etc. Snowmass promotion at Sonoma Jazz+to include Snowmass banners on-site, Snowmass logo inclusion on Festival LED screens, logo inclusion in festival program and distribution of Snowmass gift bags to Sonoma Jazz+ Patrons Inclusion of text sign in option in one JAS email to entire data base of 10,000+ JAS TO RECEIVE 75,000 cash to be paid to Jazz Aspen Snowmass in 2010 as jazz aspen snowmass November 24, 2009 Mr. Russ Forrest Town Manager Town of Snowmass Village Snowmass Village, CO Dear Russ: While JAS remains open to keeping the festival in Snowmass for 2010 as outlined in the attached proposal, we sincerely believe Buttermilk is the best solution in consideration of the myriad challenges and opportunities facing both JAS and TOSV in 2010 and beyond. Attached for your consideration are two (2) Sponsorship Proposals which represent both Buttermilk and Snowmass Town Park options for 2010. Please note that these options were the result of extensive discussion with and at the direction of the JAS Board of Directors. We believe strongly that the option of moving the Labor Day weekend festival to Buttermilk is one which offers the promise of maintaining and expanding the benefits to TOSV at a significantly lower $ cost to the municipality. These include achieving maximum hotel occupancy in TOSV through a marketing campaign which would feature Snowmass as the festival's preferred lodging partner, and insure a vital village during the festival weekend through discounted event tickets bundled with lodging, building JAS After Dark programming into the mall and base. Adding a free shuttle transportation link from the Village to Buttermilk , as done during X Games and the current LD festival, would be a logical community/guest benefit that would further enhance the overall Snowmass festival attendee experience. Ensuring the vitality and sustainability of the JAS experience into the future for our community is essential if JAS is to be able to continue delivering the marketing, lodging and branding benefits to TOSV which everyone has come to expect of this organization and its festivals. Thank you in advance for your consideration and we look forward to a great 201h Anniversary Season festival and the strengthening of our partnership with Snowmass Village. Sincerely, Jim Horowitz, President/ CEO i TOWN OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING NOTICE PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: Monday, December 7, 2009 TIME: During a meeting which begins at 4:00 P.M. or at such time thereafter that the item appears on the agenda of the Town Council. WHERE:Town Council Chambers Town Hall, 1gt Floor 0130 Kearns Road Snowmass Village, CO WHY: To receive public comment on an application by Bear Realty, Inc. ('Applicant') concerning a Re-zoning to 'Multi-Family' (MF) and a Minor Preliminary Planned Unit Development and Amendment regarding the proposed Snowmass Club Circle development project. CODE: The application will be processed as a Re-zoning and Minor Preliminary PUD and Amendment application pursuant to Sections 16A-5-220, Amendments to Official Zone District Map, 16A-5-390,_ Amendment of Final PUD, 16A-5-300, Purpose: Overview: General Restrictions, 16A-5-310, Review Standards, and 16A-5-340, Preliminary Plan, of the Town of Snowmass Village Land Use and Development Code. INFO: The project is proposed as a redevelopment of Parcel 10, Filing No. 1, Lot 1, of the Snowmass Club P.U.D. Subdivision (the previous golf clubhouse site) involving 0.4 acre located on the south side of SnOWmaSS Club Circle across from the Snowmass Club. The application involves a proposed re-zoning of the property to "Multi-Family" (MF), together with a two-family dwelling with condominium ownership, two-car garage for each unit, and surface parking spaces. A variation from the Comprehensive Plan's buildout designation for the site is also proposed. Further information regarding the proposal is available for inspection at the Town of Snowmass Village Planning Department or by telephone at (970) 923-5524 during normal business hours. Written comments are encouraged and will be accepted until the close of the public hearing; for inclusion of written comments in the staff report, submissions must be made 10 days prior to the public hearing to the following address: Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attention: Jim Wahlstrom, Senior Planner Additional public hearings may be held before the Town Council at later dates, for which only published notice may occur. Town Clerk Telephone: 923-3777 Internet access to Council email: http://www.tosv.com Citizen Feedback Hotline: 922-6727 clerk(o)tosv.com Printed in the Snowmass Sun on November 4, 2009. r MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: December 7, 2009 meeting SUBJECT: PUBLIC HEARING AND DISCUSSION: A re-zoning to 'Multi-Family' (MF), and a revised Minor Preliminary Planned Unit Development and Amendment regarding the proposed Snowmass Club Circle development project, this time involving a two-family dwelling. The application involves a proposed redevelopment of Parcel 10, Filing No. 1, Lot 1, of the Snowmass Club Subdivision (the previous golf clubhouse building site) involving 0.4 acre located on the south side of Snowmass Club Circle across from the Snowmass Club. Applicant: Bear Realty, Inc., represented by: Stan Clausen/Patrick Rawley, Stan Clausen Associates, Inc. Owner: Snowmass Club Associates, LLC Planner: Jim Wahlstrom, Senior Planner I. PURPOSES AND ACTION REQUESTED: The purposes of the meeting would be to: a) Allow staff to introduce and present pertinent information concerning the application; b) Hear a presentation by the applicant of the revised Preliminary Plan and Amendment application as revised August 17th, received August 21, 2009; c) Open the public hearing and receive comments (see Attachment 2 for the written public comments received; also reference Exhibit "C" of the attached Planning Commission Resolution No. 17, Series of 2009 [Attachment 11 for the review comments from Town departments and referral agencies); d) Permit the applicant to respond to public comments made, as well as allow staff to respond to public or applicant comments/responses made; e) Time permitting, begin review of the application in accordance with the procedures outlined in Municipal Code Section 16A-5-340, Preliminary plan, considering the recommendations of Town staff in this report and the recommendations from the Planning Commission in attached Resolution No. 17, Series of 2009 (see Attachment 1); and I) Provide directives to staff in preparing a subsequent ordinance with findings and recommendations for consideration. II. SUMMARY OF DESCRIPTION OF PROJECT. Reference the application materials dated August 17, 2009 and received August 21, 2009 that were distributed as a separate handout for the meeting. In summary, the application involves the requests for: 1IPaQe 1. Re-zoning the property to "Multi-Famild' ('M IF'); Be advised that the 'MF-PUD' zone district noted for the most part in the application is no longer permitted by the Municipal Code. 2. Amending the existing PUD, which initially involves a Preliminary Plan, proposing a two-family dwelling with condominium ownership, a two-car garage for each unit, and four surface parking spaces; 3. A buildout variation to allow a residential buildout increase from zero (0) to two (2) actual units with a maximum unit equivalency of 11.0 UE (actually calculated at 10.75 UE); 4. Developing into the Town's 25-foot wetland setback requirement, for the existing pond. The proposed two-family dwelling appears to meet the 25 foot setback for the intended replacement wetland vegetation or pond area if the size is acceptable. Note: The approval of the buildout variation and any encroachment into the 25-foot wetland setback requirement would require approval by at least three quarters (3/4) of the members of the Town Council present and voting. Comparison against previous proposal: Overall, the applicant is now proposing a two-family dwelling in lieu of a three-family dwelling on the property with the same Multi-Family ('MF') zone district. According to the development parameters noted in the comparison table of the applicant's amended application, the following changes are noted from the previous proposal: The proposed unit mix would change from three (3) units with a total of 13 bedrooms to two (2) units with a total of eight (8) bedrooms; The total square footage or floor area proposed would reduce from 12,168 to 7,987 square feet; The average unit size would decrease from approximately 4,056 to 3,994 square feet in the proposed PUD; The unit equivalents would decrease from 18.0 to 10.75; A buildout variation is proposed from the current designation of zero (0) units to two (2) actual units. The density would decrease from 7.5 to 5.0 units per acre with the PUD, but there is no residential density on the site now; The maximum Floor Area Ratio (F.A.R.) would decrease from 0.69:1 to 0.46:1 with the PUD; The building setback dimensions increase more substantially along the street and nominally increase along the west, east and south sides of the site with the PUD proposal; and The parking requirement of eight (8) spaces at the rate of one space per bedroom would be met with two double-car garages and four surface spots. Ill. BACKGROUND How the amended application process developed for a two-family dwelling proposal: February 17, 2009 - The previously revised application for a three-family dwelling was presented to the Town Council. At that time, there were public and Town Council comments that indicated an unfavorable reaction to the proposal. In the end, the applicant requested a continuance of the hearing to May 18, 2009 to consider a redesign of the proposal. The hearing was continued again to July 20, 2009. 2 1Page June 29, 2009—The applicant submitted a request to amendment the application for a two-family dwelling proposal. July 20, 2009—The Town Council accepted via Resolution No. 18, Series of 2009, the two-family dwelling proposal subject to updating the application comprehensively, referring the application, and having the Planning Commission review and make recommendations on the proposal. August 21, 2009—The applicant submitted an updated application in response to staff completion review comments on August 19, 2009 for the initial comprehensive application submission on August 14, 2009. August 25, 2009—The comprehensive update of amended application determined complete for referral and review purposes. August 27, 2009—The application distributed to Planning Commission members, Town Departments and referral agencies for review. October 7, 2009—The first public hearing was held before the Planning Commission to commence review of the amended application for a two-family dwelling. The hearing was continued to October 18 and to November 4, 2009. November 4, 2009—The Planning Commission passed Resolution No. 17, Series of 2009, providing their findings and recommendations to the Town Council. IV. APPLICABLE REGULATIONS Public Hearing notification. The public hearing notice was coordinated in advance of the Planning Commission action and published in the Snowmass Sun on November 4, 2009 for the scheduled Town Council meeting on December 7, 2009. Pursuant to Code Section 16A-5-60, the Applicant must to submit signed affidavits for the required mailing and posting of the public hearing notices. As of the writing of this report the affidavits have not yet been submitted, but staff requested the affidavits by December 151 and should be delivered no later than the date of the hearing. Why and how did the Preliminary Plan application inception process start. Pursuant to the Municipal Code criteria in Section 16A-5-390, Amendment of Final PUD, the proposal is considered a "Major Amendment" to the original or previous PUD, and in accordance with Section 16A-5-300, PUD Puroose, overview and general restrictions, the amendment proposal qualifies as a "Minor PUD" triggering the need for Preliminary and Final PUD review, because: a. it contains no more than four (4) dwelling/hotel/lodge or other residential units; b. it contains no more than 4,000 square feet of nonresidential space. For a Minor PUD, a Sketch Plan application is not required and the review process may begin with a Preliminary Plan application. Review standards/criteria. The applicable Municipal Code that regulates this proposal includes Sections 16A-5- 390, Amendment of Final PUD, 16A-5-220, Amendments to the Official Zone District Map, 16A-5-340(b), Preliminary Plan Review Intent and Issues, 16A-5-300(c), General Restrictions, and 16A-5-310, Review Standards. The 'burden of proof' is on the Applicant to demonstrate compliance with the Code criteria for the application being proposed. The Applicant has attempted to do so pursuant to Tab 1 and its sub-tabs of their application notebook and other drawings or plans along with supporting documentation such as supplemental reports and studies. 3 Pa ; e The Town Council must be satisfied that such review criteria have been met and state as such via findings in a subsequent ordinance. Pursuant to Municipal Code Section 16A-5-390(1)c, the review standards for a 'Major Amendment' to a Final PUD 'shall be considered,' but 'not be bound by' such criteria, which in summary are: 1. Consistency with the original PUD; 2. No substantially adverse impact; 3. Not change character; and 4. Comply with other applicable standards. Staff advises that draft findings addressing these criteria could be stated in a subsequent ordinance for consideration at a later meeting, once directed as such by the Town Council. V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS TOGETHER WITH SUMMARY OF FINDINGS AND RECOMMENDATIONS Summary of core issues: The decision makers need to have a comfort level that the proposed re-zoning to 'MF' and the accompanying Preliminary Plan satisfy the affected Code review criteria, as to be demonstrated by the Applicant, and that the proposal is compatible with the nature and character of the immediately surrounding or adjacent areas. The following questions should be answered when analyzing the core issues: a. Does the proposed amendment to the zone district map meet the Code criteria? b. Does the proposal meet the intent of the MF zone district? c. Is the project's orientation, building setbacks, mass, scale, density, intensity and volume compatible with or an enhancement of the character of the community in the immediate vicinity and the prevailing scale, form and proportion of the surrounding buildings adjacent to the site? d. Are views from the surrounding properties substantially or adversely affected? e. Are the landscape buffers on the development site adequate? f. Has the proposal acceptably preserved or mitigated existing water features and plant material? g. Is the access and circulation to and from the site, driveway, parking and garage spaces acceptable? h. Has the Applicant adequately justified the proposed buildout variation? i. Do the proposed community purposes seem adequate, and if so, would the community purposes be achieved as a result of granting the variation? After Town Council has reviewed and evaluated the proposed rezoning, the Preliminary Plan and the core issues, along with the staff and Planning Commission recommendations, staff could prepare a draft ordinance for consideration, as to be determined or directed by the Town Council. Specific core issues: The Planning Department staff has conducted a review of many sections within the amended application and provided their observations and comments below for consideration during the public meetings. While the proposal may be moving in the proper direction for a development that might be compatible for the neighborhood, staff has identified remaining issues pertaining to the proposed re- 41Page zoning, the related development parameters, the floor area proposed and its affects upon the bulk, mass and scale of the building and its resulting impacts upon and the relationship to the property lines and adjacent developments that could pose remaining concerns. Rezoning to 'Multi-Family' (MF): In the application, the proposal asks for re- zoning to 'MF and in most cases 'MF-PUD,' but the Municipal Code no longer recognizes the 'MF-PUD' zone as a district that can be applied for with a development application. Also, it needs to be pointed out that there are no applicant entitlements or rights to the development parameters listed in the proposed 'MF' zone district or any other residential zone district for that matter if proposed. Under the previous three-family dwelling proposal, it was understood that the applicant needed to apply for a 'MF' zone district. However, with the current two-family dwelling proposal, it was questioned why the applicant chooses not to propose a 'Duplex' (DU) zone district. In any event, the Municipal Code requires that the rezoning be accompanied by a development proposal or PUD. Decision makers should be satisfied that the proposed PUD is of an acceptable design that meets related Code criteria before accepting a proposed rezoning of the property. Decision makers should also determine whether they can entrust the Town's PUD review or amendment process in the future if the property is zoned to 'MF rather than to 'DU,' as the 'MF district allows considerably more leeway in building height and floor area which could eventually lead to increased mass, scale and density per the comparison table below. Based upon the current 'PUD' zoning, the existing plat, the proposed rezoning to 'MF,' and the proposed PUD, below is a comparison table of the differences in the development parameters or requirements when compared to a 'DU zone district. COMPARISON TABLE OF DEVELOPMENT PARAMETERS Category Per existing Per proposed Per a Two-family dwelling buildout chart, MF'zone with DU')zone PUD'zone,or plat Amended with the Amended Prel PUD Prel Plan Minimum Lot Area 0.4 acre,or 9,000 SF minimum 30,000 SF minimum 17,424 SF Note:requires less than (existing site is 17,424 SF); DU'zone district Note: Variation required Minimum Lot Width Set by adopted plat or Set by adopted plat 50 feet PUD or PUD existing is 125.4 feet) 125.4 feet existing) same frontage proposed) Minimum Building Set by adopted plat or Set by adopted plat Set by adopted plat Setback PUD or PUD or PUD Maximum Building None noted 38 feet per'MF zone 28 feet per'DU'zone Height 38 feet presumed)36.4 feet proposed) 36.4 feet proposed); Note: Variation required Minimum Open Space 25% 25% No requirement; Note: controlled by FAR Maximum Floor Area or 20%approximately 0.75:1 per'MF'zone 4,500 SF per'DU'zone, F.A.R. per existing building or 13,068 SF; which assumes average or coverage) 7,987 SF proposed)maximum 2,250 SF per unit 7,987 SF proposed); Note: Variation required Residential buildout 0 2 actual units proposed 2 actual units proposed 11.0 unit equivalents): (11.0 unit equivalents); Note: Variation re uired Note: Variation required Residential density 0 No requirement No requirement in'MF'zone in'DU'zone 7.5 DU/ac.proposed)5.0 DU/ac.proposed) 5 1Pabc Staff comments / recommendations regarding zone district designation: If the property were zoned 'DU,' since the accompanying PUD now proposes a two- family dwelling in lieu of a three-family dwelling that would require a 'MF' zone, it may provide the Town and neighborhood assurances that future development or PUD amendments might be more compatible with the neighborhood. It is possible that the current PUD for a two-family dwelling may not implemented or that the PUD could be proposed for modification in the future. On the other hand, a two-family dwelling is also an allowed usage in the proposed 'MF' zone district. If the property were zoned 'DU,' then the proposed PUD development would be required to apply for additional variations from: a) the minimum lot area of 30,000 square feet, b) the maximum height standard of 28 feet, and c) the maximum floor area of 4,500 square feet or 2,250 SF per unit, in addition to d) the buildout variation. Previous Planning Commission finding / recommendation: Planning Commission finds that relying on the Town's PUD review or amendment process would provide adequate control for the development, even if the property were zoned MF. See the attached Planning Commission Resolution No. 17, Series of 2009, for further details Attachment 1). Unit sizes and density. Since the previous proposal, the Code's calculable floor area of the units have decreased from approximately 12,168 to 7,987 square feet since the previous proposal (a 34% reduction), not including the 700 square feet of exempt garage space for the proposed two-family dwelling on the single lot. The unit numbers from 3 to 2 have decreased by 33%, which is the same percentage reduction for the calculated density from 7.5 DU/ac to 5.0 DU/ac. The average unit size from the proposal has been reduced from approximately 4,056 to 3,994 square feet. Staff comments/ recommendations: The floor area in the two-family dwelling proposal appears to add to the mass, scale and intensity of the development for the small existing lot. If the floor area or unit sizes were reduced in size, greater building setbacks might be able to be achieved and/or perhaps a third story could be avoided. For the purposes of evaluating for compatibility, the main issue with the applicant's comparison chart in their application is that the proposal, and its density, unit sizes, et cetera, should be compared with other townhouse or two-family dwelling-like projects versus condominium projects that have stacked units with typically more density. As a result of the comparison analysis, it would appear that limitations on unit sizes ought to be considered for the proposed PUD, as previously recommended by staff in earlier reports. Such reductions might assist in lessening the mass, scale and intensity of the proposal on the small lot. Planning Commission finding/ recommendation: For a third attempt, the Planning Commission found that the applicant has satisfactorily modified the proposal to fit in with the neighborhood, subject to addressing the review agency comments. Variation changes. Considering the proposed 'MF' zone district, the number of variations for the accompanying PUD has been reduced from two to one with the modified application dated August 17, 2009, because a parking variance is no longer 6 1Page proposed. A buildout variation is only being sought at this time, as further explained below. Maximum height and floor area ratios fall within the limits in the proposed 'MF' zone district, which has a height limit of 38 feet and an F.A.R. maximum of 0.75:1 or 13,068 square feet in this case. The revised proposal for a two-family dwelling with its height of over 36 feet is near the 38 foot height limit in the proposed 'MF' zone district. The proposed FAR for the two- family dwelling is now 0.46:1 considering the small existing lot size. See the related Staff and Planning Commission findings/recommendations below under the 'minimum lot size,' 'floor area ratio and plans' and the 'Building heights / massing' sections of this report. Minimum lot size: The applicant indicates that the minimum lot size would be 7,000 SF. However, the minimum lot size for the revised redevelopment proposal, if zoned MF,' would be is 9,000 square feet (i.e., 3000 SF base rate + 1,500 SF for each of the 2 units, + 500 SF for each of the remaining 6 bedrooms). The current lot size is 0.4 acre or 17,424 square feet. Staff comments /recommendations: If the two-family dwelling proposal cannot even met the minimum lot size of a 'DU' zone district, because of the small existing lot size, this appears to provide a reason why the site planned for a two-family dwelling should be considered for 'DU' zoning rather than 'MF' zoning to meet the intent of the proposal, albeit with a requested lot size variation. Planning Commission findings/ recommendations: The proposed application would meet the minimum area of the lot for the proposed development, provided the proposed 'MF' zone district is subsequently accepted and approved. Floor Area Ratio. The proposed 'MF' zone district has a maximum 0.75:1 F.A.R. or 13,068 square feet for the subject lot. Total floor area proposed that includes the two livable units and the exempt garage space of 700 square feet for the lot as well as the exempt deck areas (i.e., falling under the 12% rule) or the patios areas at finished grade provided they are not enclosed, totals 7,987 square feet or a 0.46:1 F.A.R. for the site. Staff comments/ recommendations: If the two-family dwelling development proposal is eventually considered to be compatible with the neighborhood, then the proposal should be able to meet the development parameters for the Town's 'DU' zone district, with the exception of the minimum lot size. Additionally, the applicant would have the option of applying for a variation from the maximum unit size, if the case, provided that it would not unreasonable affect the bulk, mass and scale of the building in its relationship to adjacent developments. Plannino Commission findings/recommendations: The applicant should address the staff comments and work with them to finalize the square footage and floor area ratio (F.A.R.) figures for the units pursuant to the methods for calculating floor area and F.A.R. in the Municipal Code prior to or during the Town Council preliminary review. Also see the related Staff and Planning 7 1 P a a e Commission recommendations under the 'minimum lot size,' and the 'Building heights massing' sections of this report. (Note: Staff met recently with an applicant representation to review the Code's method of calculating floor area, but has not received updated floor plans and square footage figures as of the writing of this report). Building heights / massing. The building heights represented in the modified application appear to fall within the maximum 38-foot limit per the proposed 'MF zone district measured from both existing and proposed finished grades. Staff comments/ recommendations: The building height proposed appears to be a transitional height between the adjacent existing developments. However, the heights may not be as much of an issue as the bulk, mass and overall scale of the building and its close proximity to the side property lines, especially along the west property line. As previously stated, it appears that the proposed floor area, even though falling under the proposed 'MF standards, adds to the mass, bulk and scale of the building, which may not be as transitional to adjacent developments. If a two-family dwelling is proposed, which is similar to a townhome style product, it should be designed more compatibly or sensitively to the existing adjacent townhomes rather than the adjacent stacked condominiums. See the enclosed comparison analysis provided by staff of the proposed and adjacent development building elevations with the overlaid outlines of each provided at the same 1/8" = 1' scale to assist Town Council in evaluating and determining the compatibility of the proposal. As far as the building architecture is concerned, staff recommends different door designs other than glass sliding doors, wider or heavier trim details or mullions, multi- paned windows, single garage doors versus double-wide doors, and similar detailing to add visual interest from the street view at minimum, unless the applicant is trying to emulate the past styles on adjacent properties. Horizontal versus vertical siding is also recommended as it may lessen the perceived height of the building, plus it would be similar to the design treatment on the Country Club Townhomes. Planning Commission findings / recommendations: The proposed application would not require a height variation and would currently meet the 38-foot height limitation, provided the proposed 'MF zone district is subsequently accepted and approved. The building's mass, scale and height of the two-family dwelling development proposed for the PUD appears consistent with the Code standards and seems compatible with the character of existing land uses in the area, which creates the impression that it would not adversely affect the development in the surrounding area. View impacts/visual imagery. The visual imagery in the application represents the massing of adjacent buildings as three-story buildings with no representation of offsets or setbacks of the upper levels, as currently exists on these sites, especially on the adjacent Country Club Townhomes site. Staff comments/ recommendations: Again, please reference the separate handout that shows the proposed two-family dwelling building elevations and the building elevations for the structures on the adjacent properties provided by staff. They have all been converted to 1/8" = V-0" 8 1Page scale for comparison purposes. The two-family dwelling elevations show the overlay outline of the affected adjacent building elevations in efforts to compare the building massing. Likewise, the adjacent structure elevations were overlaid with the outline of the two-family dwelling building at the same scale. If a two-family dwelling is proposed, similar to a townhome style product, it should be designed with massing that is more compatible or sensitive to the existing adjacent townhomes rather than the adjacent stacked condominiums. At minimum, perhaps the third level on the west Unit B could be relocated to the east Unit A, or perhaps the units could be split more equally is size plan-view-wise in efforts to avoid a third level. On the other hand, the third level has been stepped back for the most part from the perimeter lower two level exterior walls as previously recommended. Planning Commission findings/recommendations: The proposed building appears to create the impression that it could be satisfactorily oriented to take advantage of views and view corridors, and to frame views and enclose open space, as it would appear, being positioned farther away from public roadway (as modified since the initial application) and positioned at one of the lowest points in the immediate area, to potentially convey the preservation of important sight lines, overlooks and landmarks as viewed from Snowmass Club Circle and other public spaces, and as viewed from neighboring developments. In addition, upon a previous site visit by the Planning Commission on December 3, 2008 to consider the previous three-family dwelling proposal in relatively the same location as the proposed two-family dwelling building, the mountain views, in particular of the ski mountain and Mount Daly, from the two nearest adjacent units would appear not to be substantially or adversely impacted by the proposed development. Buildout variation request. A residential buildout variation is proposed. The Comprehensive Plan's Buildout Chart references no residential buildout for the subject site, and the proposed two-family dwelling, with the large units assigned to the 'Multi- Family IV' classification per the Code, individually calculate to a total of 10.75 unit equivalents (UE). If calculated in combination, the unit equivalency totals 10.97 UE. The applicant requests a rounded up unit equivalency buildout of 11.0 UE. The buildout variation request would eventually require super-majority vote by Town Council via an ordinance per the Code. Staff comments/ recommendations: Since there are no current residential entitlements on the property, and because a buildout variation is proposed in addition to a rezoning request, the Applicant should work diligently with the Town and adjacent owners to achieve an acceptably designed project, including the appropriate zoning category for the site. Because the proposal exceeds 65% and 100%of the designated residential buildout, unique and exceptional' circumstances also need to be demonstrated by the application in addition to a community purpose item, including whether the Applicant has demonstrated that the proposal exceeds the PUD review criteria standards. Further justification seems to be in order for the proposed buildout variation, such as what the Applicant believes are the 'unique and exceptional circumstances' per the Code to warrant the buildout variation in addition to a required and satisfactory community purpose that is achieved as a result of the granting of the variation. 9 1Page Planning Commission finding / recommendation: See the findings and recommendations below under the 'Community Purpose' section. Community Purposes. Other than the community purposes of 'encourage sustainable development' and 'encourage better design' offered in the application, an optional community purpose for a proposed buildout variation could be proposed. Staff comments/ recommendations: Currently, the applicant seems to describe the design of the two-family dwelling PUD proposal itself as meeting the Code's Community Purpose criteria. There should also be consideration whether 'sustainable development' is achieved by proposing large unit sizes and whether a 'better design' is achieved. It could be argued conversely that the older, existing, smaller, lower-profile building is more sustainable as it employees people in a mixed use area or achieves a better design for the neighborhood since lower profile with less visual impact. Planning Commission findings/recommendations: The Applicant's offered community purpose(s), such as replacing an office use, replacing the pond and wetlands, and to open the parking along Snowmass Club Circle for public usage, may be considered by Town Council in support of the proposed buildout variation from zero to the two (2) units, which equate to approximately 11.0 unit equivalents calculated in combination for the two units. The Planning Commission declines to render an opinion on the community purposes, believing that is the province of the Town Council. Employee Housing. The proposed development receives a redevelopment credit per the Code, and such calculation reveals that no employee housing square footage would be required as the proposed residential two-family dwelling generates fewer jobs than the current non-residential use, Staff comment/recommendation: Employee housing provided above any mitigation requirement (even if zero), assuming it is offered by the applicant, could be considered a community purpose for the granting of the buildout variation request. Planning Commission finding /recommendation: The proposed development generates fewer employees than the existing use and receives a redevelopment credit per the Code, and such calculation reveals that no employee housing square footage would be required. Landscape plan /tree mitigation. The plant material legend on the landscape plan Sheet LA1 should reference the quantities and sizes of the materials to correspond to the illustrative drawing. Without the information, it is difficult to determine the adequacy of the proposed buffering treatment. There are also no coniferous trees proposed on the site to provide year-round screening of the proposed project, probably due to the shallow building setbacks proposed. Concerning tree mitigation, the Municipal Code requires mitigation of trees 14 inches or greater in caliper. The application proposes to relocate the existing on-site trees, which mostly fall under 14 inches in caliper, off-site onto adjacent properties. 101Page However, the Applicant did not obtain written, signed consent or an agreement from the affected adjacent owner(s). Staff comments /recommendations: The minimum 10-12 foot building setbacks would likely not provide enough growing space for coniferous trees. Coniferous trees would provide additional year-round screening or buffering of the proposed building if there were room on site to plant such trees. In addition, staff questions whether most of the proposed new trees could be planted, because they are being located directly over gas, electrical, transformer, private drainage lines and proposed boulder placements. The applicant would likely need special clearance from utility companies to plant trees directly over or near a transformer, gas, and/or electrical lines. It would be helpful to show the utility lines or easements on the landscape plan in efforts to design accordingly around the constraints. Lastly, if the applicant proposes to utilize off-site landscape space as a means to justify the proposal in addition to relocating the trees on their property off-site onto adjacent property that they do not own, then Town decision makers ought to have consent to such proposal from the affected adjacent owner at this Preliminary Plan stage as well as an formal agreement for such tree relocations at the time of a Final PUD application. An agreement between the adjacent owner(s) and the applicant concerning the relocation of on-site trees off-site might assist in demonstrating adequate buffering of the proposed development. In essence, the landscape mitigation plan for the existing trees on-site to be relocated off-site is incomplete. Without it though, including consent or agreement from the adjacent owner, Town Council should not rely on such a proposed buffering arrangement using another adjacent property owner's property and open space, not under the control of the applicant, as a means to justify the buffering or screening of the proposal. If it is not feasible with the adjoining neighbors, then the applicant should not necessarily promote the off-site buffering idea to try to justify what might be considered inappropriate or incompatible design. Instead, staff would recommend greater building setbacks than 10 to 12 feet from the current property lines for the proposed three-story two-family dwelling up to 36 feet in height. See attached Planning Department review comments for further details concerning the proposed landscape plan design (Exhibit "C" of the Planning Commission Resolution in Attachment 1). Planning Commission findings/ recommendations: The proposed landscaping on the two-family dwelling site should be embellished by relocating existing trees and/or adding new deciduous and/or coniferous trees near the front portion of the site and between the development site and adjacent neighbors, together with the proper arrangement of maintenance and irrigation. A final landscape plan with the Final PUD application should include the offer for relocating trees off-site together with an agreement with the adjacent property owners. In addition, the applicant should illustrate the existing and proposed utility lines and easements on the landscape plan as well as on the other site plans to determine the appropriateness of the planting plan at the time of the Final PUD application. 11 I Page Open space. It appears evident that the proposal meets the 25% open space requirement under the proposed 'MF zone district. Staff comment/ recommendation: As a matter of contrast, there is no open space requirement in a 'DU' zone district if subsequently proposed, but it is understood that the other more restrictive development parameters would naturally permit landscape areas and open space to occur on the site. Planning Commission findings / recommendation: The proposed application would not require a height variation and would currently meet the 38-foot height limitation, the minimum 25 percent open space on the site, and the minimum area of the lot for the proposed development, provided the proposed MF zone district is subsequently accepted and approved. Brush Creek, riparian and wetland impacts. The proposed development is not within 25 feet of the Brush Creek stream corridor. However, the proposed redevelopment is within 25 feet of an existing wetland or pond area. The application proposes to replace wetland vegetation area of approximately 850 square feet at a 1:1 ratio. It is not clear, however, that it proposes to replace the existing drainage and wetland pond on the site. The application states that a restoration plan was provided as part of the landscape plan, but it is not very design specific. Also, water quality control features were added to the civil drainage plan since the previous reviews. See attached review comments from the Town's Natural Resource consultant and other related comments from the Town Engineer and the Town's Environmental consultant (see attached Exhibit "C" of the Planning Commission Resolution in Attachment 1). The recommendation for this particular site development is that the wetland pond replacement be equivalent in size at minimum. Also, as the proposal is currently designed, it appears that the drainage impacts are greater with this proposal than what currently exists on the site today. The Town Council may authorize other types of development within the setback area by a super-majority vote subject to reasons explaining why the proposal is unable to avoid the setback area. Staff comments/recommendations: It appears that the proposed new buildings might be able to accommodate a replacement detention pond and vegetation area, currently proposed at approximately 850 square feet, but if the existing water pond also needs to be mitigated at 1:1, as recommended by the Town's natural resource consultant (see attached Exhibit "C" of the Planning Commission Resolution in Attachment 1), then a larger area for a replacement pond and revegetation area of approximately 2,000 to 2,500 square feet, according to the wetland delineation map in the application, might be in order. Such a replacement pond may not be able to meet the Town required 25 foot setback from the new two-family dwelling proposed or vice versa. The plans do not clearly illustrate or describe in specific detail of the recommended 1:1 replacement especially if the Army Corps believes the disturbed wetland area is 0.02 acres or about 870 square feet, based upon what the applicant provided to the Army Corps according to the Army Corp letter in the application. Staff then questions what the applicant provided to Army Corp. In the end, it appears that the applicant is only attempting to mitigate the wetland vegetation in the area, but it appears that they 121Pa - e should also mitigate the surface area of the pond which is also considered a jurisdictional wetland. The current proposal to encroach upon and replace the existing wetlands area requires super-majority vote of the Town Council by ordinance per Code, subject to reasons explaining why the proposal is unable to avoid the setback area. Planning Commission findings/ recommendations: The site is located within the 'Multi-Family/Golf Course Development' Impact Zone and the 'Brush Creek Impact Zone' per the 'Environmental Sensitively Map' in the Town's Comprehensive Plan. Pursuant to the review comments received from the referral agencies in attached Exhibit "C" of the Planning Commission resolution, it is recommended that the general feasibility involving the drainage and wetland impacts be addressed at preliminary review by the Town Council and that the technical aspects of the drainage and wetland impacts be resolved prior to or with the Final PUD review. The plan as submitted does not encroach on the Town's 25-foot setback requirement for the proposed replacement wetland/riparian/pond area. However, this was discussed by the Planning Commission which found that a replacement pond within the Town's 25-foot setback for the existing wetland/pond area, seems acceptable. The Planning Commission would prefer to see an enhanced replacement of existing pond/wetland area and recommends that Town Council consider allowing a setback reduction if needed for purposes of allowing better design without creating a negative impact on the riparian or wetland habitat. Further, if the Army Corp of Engineers is no longer interested in how the water pond/wetland area is mitigated other than mitigating 870 square feet of wetland vegetation, then the Town should not be as concerned about how mitigation is achieved. Flexibility should be exhibited when considering a possible reduction from the Town's 25-foot setback requirement between the replacement pond and the proposed new building. Pursuant to the Municipal Code, the Town Council may grant an exception to this standard for other types of development by super-majority vote via an ordinance, identifying the reasons why the proposed development is unable to avoid the setback area. Traffic impact study and air quality analysis. Due to the size of the proposal, the Applicant has again requested a waiver of these submission requirements administratively, which appears permissible per the Municipal Code standards. According to the Municipal Code, the Planning Director may waive the traffic report requirement 'for proposed development that contains less than five (5) dwelling units, or less than two thousand (2,000) square feet of non-residential space." The application has made a request to have the traffic impact report and air quality analysis waived. Staff comment/ recommendation: With the original submission for a four-plex, staff referred the application to the Town's Traffic Engineer consultant who responded that there would be "no need for the applicant to submit a traffic study per the code cited in the application letter." It also 13JPage assumed there would no need for a TIA with the currently proposed two-family dwelling. Planning Commission finding / recommendation: A TIA does not appear needed pursuant to the trip generation findings above and because the proposal meets the Code thresholds for not requiring a TIA. Traffic impacts, and questions on new unit trip generation and its impacts, including how traffic in and out of the garages might or might not interfere with individualized trips: Staff earlier requested with the previous three-family dwelling proposal that the Applicant should further respond in justifying the proposed design and potential trip impacts or conflicts related to entering and exiting the parking /driveway and garage areas on the subject site for the proposed development, as this was also an earlier Planning Commission concern. Staff comments/recommendation: Per the Code, a two-family unit would generate 8.0 trips per dwelling, or in this case 16 daily trips. This amount would calculate to slightly over one trip per hour on average during the daytime, assuming all the units are occupied, which would seem to have a negligible impact. However, the large units and bedroom counts could potentially generate additional traffic or vehicle trips. Planning Commission findings/ recommendation: The project is estimated to generate approximately 10 to 16 vehicle trips per day, or an average of one to two trips per hour during the daytime. The vehicular traffic impacts from proposed project upon ingress and egress movements from the garages, the proposed parking area and upon Snowmass Club Circle appear minimal. Parking. The application proposes eight on-site parking spaces (4 surface and 4 garages spaces) with no tandem parking arrangement to adequately meet the code required parking of eight spaces for the proposed eight bedrooms. Staff comments/recommendations: Staff believes the plan has moved in the right direction as far as the applicant meeting the on-site parking space requirements per the Municipal Code. However, staff has a few design related recommendations: 1) With the plan view layout for a two-family dwelling, it appears that the southern- most surface parking space interferes with the cusp of the pedestrian route to Unit A's entrance. This might cause some inconvenience for residents or guests. Such a design arrangement also appears unaesthetic by having a parking stall placed directly in front of the unit with no significant landscape area in between. The current plan shows no trees and shrubs in this area. 2) Additionally, there is currently no designed back out space provided for the above noted parking stall and the southern-most garage space for Unit B. Vehicles in these spaces would need to back out a lengthy distance (roughly 30 to 40 feet) in order to make the turn to exit the site. The proposed curbing near the northwest portion of the auto court may need to be cut back farther in order to avoid three- point turns for the vehicles backing out of the garage space for Unit B in particular. 141 Page 3) Additional coniferous plant material should be provided around the surface parking area and within the north and northwest portions of the site for year-round screening and buffering purposes, considering the views into the site and the auto court area from Snowmass Club Circle and from adjacent properties. Planning Commission findings / recommendations: The application proposes eight (8) on-site parking spaces (four [4] surface and four [4] garages spaces), with no tandem parking arrangements, to adequately meet the code required parking of eight (8) spaces for the proposed eight (8) bedrooms within the two-family dwelling structure. Fire protection issues. If the golf cart path is to be moved to the east, narrowed from 12 to 10 feet (per the plans) and continued for usage as a drainage spillway, it might be more difficult for fire protection equipment to maneuver and access the nearest fire hydrant on the east side of the site or access around the proposed two- family dwelling structure, especially during the winter season. There is another fire hydrant nearby off of Snowmass Club Circle. Staff comments /recommendations: The revised application was referred to the Snowmass-Wildcat Fire Protection District for review (see attached comments dated September 18, 2009 in Exhibit "C" of Attachment 1). The application's written description does not make mention of a fire sprinkler system, but the utility report makes reference to a two-inch water service line feeding a fire sprinkler system for the two units and for the entire two-family dwelling structure. The SWFPD has requested in the past confirmation from the applicant that a fire sprinkler system would indeed be installed. Planning Commission findings / recommendations: The applicant must satisfy the requirements by the Fire District and the Town's Building Department in a manner consistent with Building and Code requirements at the time of Building Permit submittal. Additionally, Planning Commission recommends that the Town Council require the entire building to have a fire sprinkler system in order to address concerns regarding access issues, especially during winter, for fire protection services around the structure. Shadow impacts. The applicant's solar impact studies are provided in their application behind Tab 10. Staff comments / recommendation: According to the shadow study provided by the Applicant, the proposed two-family dwelling and height would not cast a shadow on Snowmass Club Circle directly to the north of the site on December 215'. Planning Commission findings/ recommendation: The solar and shadow analysis appears to represent limited or insubstantial impacts upon Snowmass Club Circle and upon the adjacent buildings on the adjoining properties. Trail / cart path. The application was referred to the Nordic Council. See the attached review comments in Exhibit "C" of Attachment 1. The application proposes to retain the existing trail for usage, albeit it would be narrowed from 12 feet to 10 feet 151 Page per the plan) and serve to direct drainage through the area. The applicant proposes to maintain a 14-foot wide area along the trail for Nordic ski operations. Staff comment/recommendation: In the Construction Management Plan (CMP), the applicant should propose where a temporary trail connection would occur while the site and replacement trail are being constructed. This may require coordination with the adjacent property owner for a temporary construction easement. The operational requirements of the Nordic Council including the design of the trail still need to be resolved between the applicant and the Nordic Council. An easement grant would likely be needed. Planning Commission findings/ recommendation: Pursuant to the review comments received from the referral agencies in attached Exhibit "C" of the resolution, it is recommended that the general feasibility involving the CMP and the re-design and usage of the trail along on the east side of the site be addressed at a preliminary review by the Town Council and that the technical aspects of the CMP be resolved prior to or with the Final PUD review. Energy conservation. The applicant's energy conservation proposal is identified behind Tab 16 of the application. Staff comment/recommendation: The application again seems non-committal in the usage of the proposed energy conservation methods by using language such as, "considered;' ..may be utilized," and may include." Planning Commission findings/ recommendations: The application appears to have satisfactorily demonstrated that the proposed units would: a) be oriented toward the south for maximum solar heat gain, b) provide high efficient condensing boiler for the snowmelt system that would also lessen the impact of snow storage along Snowmass Club Circle, c) provide fluorescent lighting, and d) use Energy Star appliances. Block Model. Staff has not seen a revised block model for the two-family dwelling proposal. Staff previously recommended that the applicant's block model illustrate or ghost-in the property lines for reference purposes next time it is brought to a meeting to better understand the buffering treatment proposed and the impacts upon adjacent properties. Again, staff would recommend greater building setbacks than 10 to 12 feet from the current property lines for the three-story, two-family dwelling up to 36 feet in height. Overall Staff Recommendation: After a third attempt by the applicant to submit or modify their proposal, staff would prefer not to typically recommend against an application. However, per the findings above, it appears that the application does not quite yet meet the review criteria, even though the two-family dwelling usage itself may be acceptable, and staff is compelled to recommend that the Town Council not grant permission to proceed to a Final PUD, for the following reasons: 161Pacy e I. The revision for a two-family dwelling usage appears acceptable, but does not appear to meet the Municipal Code's intent for the proposed 'MF zone district; 2. As the proposed two-family dwelling is akin to a townhome type product, the structure's mass and scale should relate more to the adjacent townhomes rather than the adjoining condominium development; 3. The proposed building setbacks of 10 to 12 feet, especially along the west property line, remain too shallow for the proposed structure up to 36 feet in height; 4. The shallow setbacks and accompanying utilities do not allow for the adequate on- site placement of landscape buffering or year round screening of the project; 5. The applicant should not rely upon adjacent property's setbacks, existing landscape areas and/or the relocation of trees off-site to justify the proposal, without first obtaining consent or an agreement from the affected owners; 6. The existing wetland pond and vegetation do not appear to have been fully mitigated; and 7. The applicant has not attempted to at minimum respond to all of the review comments. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments: 1. Planning Commission Resolution No. 17, Series of 2009, with its referenced exhibits that include Exhibit "C" outlining the review comments from the Town departments and referral agencies; and 2. Public comments received on the two-family dwelling proposal. Separate Handouts: Comparison analysis prepared by the Planning Department of the proposed building elevations mirrored or overlaid onto the on adjacent properties' building elevations and vice versa at the same 1/i3" = V scale, provided for reference and evaluation purposes. Reference the application booklet dated August 17, 2009 which was received by the Planning Department on August 21, 2009. VII. NEXT STEPS Next Steps include: Continue the public hearing to the next meeting; and/or Schedule a site visit, if desired; and/or Continue review of the application or core issues; and/or Direct that staff to draft an ordinance for consideration. 17 Paoe ATTACHMENT 1 TC Report 12-07-09 Snowmass Club Circle PLANNING COMMISSION RESOLUTION No. 17, SERIES OF 2009 INCLUDING THE FOLLOWING EXHIBITS: Exhibit A: Preliminary PUD Guide Exhibit B: Project information and selected drawings/ plans Exhibit C: Town Department and Referral Agency Review Comments TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION No. 17 SERIES OF 2009 A RESOLUTION PROVIDING THE PLANNING COMMISSION FINDINGS AND RECOMMENDATIONS REGARDING THE PROPOSED MULTI-FAMILY ('MF') RE-ZONING AND THE ACCOMPANYING SNOWMASS CLUB CIRCLE TWO- FAMILY DWELLING MINOR PRELIMINARY PLAN AND PUD AMENDMENT. WHEREAS, the previously revised Preliminary Plan application for a three-family dwelling was presented to the Town Council on February 17, 2009, and at that time, there were public and Town Council comments that indicated an unfavorable reaction to the proposal for a three-family dwelling; and WHEREAS, Bear Realty, Inc. ("Applicant"), submitted on June 29, 2009 an amendment proposal for the Preliminary Plan application involving a two-family dwelling in lieu of a three-family dwelling; and WHEREAS, via Resolution No. 18, Series of 2009, the Town Council accepted the two-family dwelling amendment on July 20, 2009 during the continued public hearing and authorized subsequent referral, review, analysis and consideration of the entire updated application as a whole by the Planning Commission for its recommendations to the Town Council; and WHEREAS, on August 21, 2009, the Applicant submitted an updated application in response to staff completion review comments on August 19, 2009 for the initial comprehensive application submission on August 14, 2009, and on August 25, 2009, the comprehensive update of amended application determined complete for referral and review purposes together with a consent by the Snowmass Club Associates, LLC ("Owner"); and WHEREAS, on August 27, 2009, the application was distributed to Planning Commission members, Town Departments and referral agencies for review, and on September 2, 2009 a public hearing notice was published in the Snowmass Sun for the Planning Commission meeting scheduled on October 7, 2009; and WHEREAS, on October 7, 2009, the first public hearing was scheduled before the Planning Commission to hear and presentation by the applicant of the amendment for a two-family dwelling and to commence review of the application; and PC Reso 09.17 Page 2 of 10 WHEREAS, the public hearing was continued to October 21, 2009 and then to November 4, 2009, when the Planning Commission considered and acted upon this resolution; and WHEREAS, the application was reviewed and processed in accordance with the provisions outlined in Section 16A-5-340 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One: Findings and Recommendations. The Planning Commission generally finds and recommends the following: General Findings and Recommendations: 1) The Applicant submitted the initial and revised Preliminary PUD application for the Project in accordance with the provisions of the Municipal Code. The Preliminary PUD application provided the 'Minimum Contents' required pursuant to Section 16A-5-340(c), except those submission items that were requested for administrative waiver, and included written and graphic materials in sufficient detail to deem the application complete for review, 2) The Applicant has submitted supplemental replies, information or plans during the review process to present changes or updates to the application for the primary purpose of responding to the directions provided by Town Council, Planning Commission and Town Staff requests, comments, and concerns. 3) All public notification requirements, as specified within Section 16A-5- 60(b) of the Municipal Code, have been satisfied, including submittal of the affidavits from the Applicant regarding mailing and posting of the public hearing notices. 4) By this resolution, the Planning Commission reviewed the application pursuant to the previous Town Council directives in Resolutions No. 22, Series of 2008. Findings and Recommendations related to the proposed rezoning to Multi-Family MF') zone district: 1) The Applicant has submitted concurrently with the Minor Preliminary Plan a proposed Amendment to the Official Zone District Map for rezoning of the property to MF. As the concurrent rezoning request is not officially PC Reso 09-17 Page 3 of 10 acted upon by ordinance until the submission of an accompanying Final PUD, the Planning Commission finds, for a preliminary plan level of review, that the proposed rezoning to MF can be considered at this time and further finds that the rezoning request: a) Could be consistent with the Comprehensive Plan with respect to the proposed usage for a two-family dwelling considering that a two-family dwelling is an allowed usage in the proposed 'MF' zone district and that the predominant usages on adjacent properties or the surrounding neighborhood contains existing multi-family development and similar densities within the existing PUDs, with the understanding that the site is also designated for 'Recreation' on the Future Land Use Map, which seems to suggest that the golf/winter trail connection ought to be retained at minimum; b) Seems to be generally consistent with the purpose of the proposed MF' zone district to which the property could be designated, and the Town would retain its authority to review and consider future proposed development parameter changes in the accompanying PUD via the Municipal Code's land use review process and that the buildout proposed would have control over the density of the project, unless amended in the future; c) Is compatible with surrounding zone districts, land uses and neighborhood character and would likely result in a logical and orderly development pattern within the overall community at this time, considering that a PUD is required with the submission of the rezoning request and that the accompanying proposed PUD development for a two-family dwelling with a free-market density of 5.0 dwelling units per acre (DU/ac) appears to be designed with sensitive massing and transitional intensity in relation to existing adjacent developments considering that adjoining Snowmass Villas has a density of approximately 7.7 DU/ac and that the adjacent Country Club Townhomes has a density of approximately 3.4 DU/ac; and d) The Applicant has demonstrated to the satisfaction of the Planning Commission that there have been changed conditions affecting the subject parcel and the surrounding neighborhood that justify the proposed zoning amendment. Findings and Recommendations related to the proposed amendment to a Final PUD: 1) As the Minor Preliminary Plan application was a result of the Applicant proposing an amendment to the current Final PUD, the Planning Commission also finds, subject to addressing the recommendations, that: PC Reso 09-17 Page 4 of 10 a) The Minor Preliminary Plan as currently designed for a two-family dwelling may be considered an enhancement to the current PUD; b) The amendment, as currently proposed for a two-family dwelling, would appear to have an insubstantially adverse impact or effect on the neighborhood surrounding the land where the amendment is proposed; and c) The proposed amendment for a two-family dwelling does not appear to change the basic character of the PUD or surrounding area, if the design, massing and intensity remain the same as currently proposed. Findings and Recommendations related to the proposed Minor Preliminary PUD Plan: 1) Pursuant to Municipal Code Section 16A-4-30, "Brush Creek Impact Area," and Section 16A-4-40, "Floodplain and wetland areas" under the Development Evaluation Standards, the site is located within the 'Multi- Family/Golf Course Development' Impact Zone and the 'Brush Creek Impact Zone' per the 'Environmental Sensitively Map' in the Town's Comprehensive Plan. The Applicant submitted a Brush Creek Impact Report that was referred together with the application's civil, grading, drainage and erosion control plans and other related information to the Army Corps of Engineers, the Town's Natural Resource and Environmental consultants as well as the Town Engineer for review and comment. Pursuant to the review comments received from the referral agencies in attached Exhibit "C," It is recommended that the general feasibility involving the drainage and wetland impacts be addressed at preliminary review by the Town Council and that the technical aspects of the drainage and wetland impacts be resolved prior to or with the Final PUD review. The plan as submitted does not encroach on the Town's 25-foot setback requirement for the proposed replacement wetland/riparian/pond area. However, this was discussed by the Planning Commission which found that a replacement pond within the Town's 25-foot setback for the existing wetland/pond area, seems acceptable. The Planning Commission would prefer to see an enhanced replacement of existing pond/wetland area and recommends that Town Council consider allowing a setback reduction if needed for purposes of allowing better design without creating a negative impact on the riparian or wetland habitat. Further, if the Army Corp of Engineers is no longer interested in how the water pond/wetland area is mitigated other than mitigating 870 square feet of wetland vegetation, then the Town should not be as concerned about how mitigation is achieved. Flexibility should be exhibited when PC Reso 09-17 Page 5 of 10 considering a possible reduction from the Town's 25-foot setback requirement between replacement pond and the proposed new building. Pursuant to the Municipal Code, the Town Council may grant an exception to this standard for other types of development by super-majority vote via an ordinance, identifying the reasons why the proposed development is unable to avoid the setback area. 2) The previously amended Municipal Code provisions in Section 16A-4- 50(f), "Ridgeline Protection Areas" under the Development Evaluation Standards do not apply, as the site is not within a defined ridgeline protection area that is visible from Brush Creek Road, Owl Creek Road or the Town Community Park and is not at the crest or highest elevation of a ridge or hillside, or within fifty (50) feet of elevation, measured vertically, from the crest of a ridge or hillside. 3) Pursuant to Municipal Code Section 16A-4-210, "Streets and related improvements.' the project is estimated to generate approximately 10 to 16 vehicle trips per day, or an average of one to two trips per hour during the daytime, pursuant to trip generation figures provided in the Municipal Code for two-family and multi-family dwellings. The vehicular traffic impacts from proposed project upon ingress and egress movements from the garages, the proposed parking area and upon Snowmass Club Circle appear minimal. The Applicant has requested an administrative waiver of the traffic impact analysis (TIA), and such TIA does not appear needed pursuant to the trip generation findings above and because the proposal meets the Code thresholds for not requiring a TIA. 4) Pursuant to Municipal Code Section 16A-4-210, "Fire protection," the applicant must satisfy the requirements by the Fire District and the Town's Building Department in a manner consistent with Building and Code requirements at the time of Building Permit submittal. Additionally, Planning Commission recommends that the Town Council require the entire building to have a fire sprinkler system in order to address concerns regarding access issues, especially during winter, for fire protection services around the structure. 5) Pursuant to Municipal Code Section 16A-4-220, "Public trails," and as represented by the applicant, a permanent combination trail and drainage easement would be provided for the modified cart path. In addition, the applicant should provide a temporary trail and construction easement as may be needed while the project is under construction. PC Reso 09-17 Page 6 of 10 6) Pursuant to Municipal Code Section 16A-4-310(7), "Off-Street Parking Standards," the application proposes eight (8) on-site parking spaces (four 4) surface and four [4j garages spaces), with no tandem parking arrangements, to adequately meet the code required parking of eight (8) spaces for the proposed eight (8) bedrooms within the two-family dwelling structure. 7) Pursuant to Municipal Code Section 16A-4-320, "Landscaping, grading and other design standards," the proposed landscaping on the two-family dwelling site should be embellished by relocating existing trees and/or adding new deciduous and/or coniferous trees near the front portion of the site and between the development site and adjacent neighbors, together with the proper arrangement of maintenance and irrigation. A final landscape plan with the Final PUD application should include the offer for relocating trees off-site together with an agreement with the adjacent property owners. In addition, the applicant should illustrate the existing and proposed utility lines and easements on the landscape plan as well as the other site plans to determine the appropriateness of the planting plan at the time of the Final PUD application. 8) Pursuant to Section 16A-4-330, "Energy Conservation," the solar and shadow analysis appears to represent limited or insubstantial impacts upon Snowmass Club Circle and upon the adjacent buildings on the adjoining properties. In addition, the application appears to have satisfactorily demonstrated that the proposed units would: a) be oriented toward the south for maximum solar heat gain, b) provide high efficient condensing boiler for the snowmelt system that would also lessen the impact of snow storage along Snowmass Club Circle, c) provide fluorescent lighting, and d) use Energy Star appliances. 9) Pursuant to Section 16A-5-310(2), "Preservation of community character" under the Review Standards, the building's mass, scale and height of the two-family dwelling development proposed for the PUD appears consistent with the standards of Section 16A-4-340, "Building Design Guidelines to Preserve Community Character" under the Development Evaluation Standards, and seems compatible with the character of existing land uses in the area, which creates the impression that it would not adversely affect the development in the surrounding area, because of the following findings: a) Pursuant to Section 16A-4-340(c)(1), "Site integration," of the Municipal Code, the proposed two-family dwelling structure may acceptably incorporate a plan design that avoids overwhelming the surrounding mountain or surrounding neighborhood environment PC Reso 09.17 Page 7 of 10 because the new building, In particular the massing of the building, appears to be designed to be set appropriately on the site considering the transitioning slopes and proximity to Snowmass Club Circle. b) Pursuant to Section 16A-4-340(c)(2), "Scale and mass," the applicant has been responsive in revising the proposal from three-family dwelling to a two-family dwelling and the proposed design of the building appears to satisfactorily convey the perception that the building is not monumental in scale, including its relationship to the scale of surrounding adjacent buildings, particularly because: the two story portion along the trail on the east side of the site appears to create an appropriate human-scale transition more so than the three-story portion that is currently planned next to existing evergreen trees along the west property line that are higher having the affect of visually screening the three-story element. 10) Pursuant to Section 16A-4-340(c)(5), "Views;' the proposed building appears to create the impression that it could be satisfactorily oriented to . take advantage of views and view corridors, and to frame views and enclose open space, as it would appear, being positioned farther away from the public roadway (as modified since the previous application) and positioned at one of the lowest points in the immediate area, to potentially convey the preservation of important sight lines, overlooks and landmarks as viewed from Snowmass Club Circle and other public spaces, and as viewed from neighboring developments. In addition, upon a previous site visit by the Planning Commission on December 3, 2008 to consider the previous three-family dwelling proposal in relatively the same location as the proposed two-family dwelling building, the mountain views, in particular of the ski mountain and Mount Daly, from the two nearest adjacent units would appear not to be substantially or adversely impacted by the proposed development. 11) Pursuant to Municipal Code Section 16A-4-410, "Restricted housing requirements," the proposed development generates fewer employees than the existing use and receives a redevelopment credit per the Code, and such calculation reveals that no employee housing square footage would be required. 12) Pursuant to Municipal Code Section 16A-5-300(c)(5) and (7), Dimensional limitations," and "Standards for granting variations" under the General Restrictions, the proposed application for a two-family dwelling would not require a height variation and would currently meet the 38-foot height limitation, the minimum 25 percent open space on the site, PC Reso 09.17 Page 8 of 10 and the minimum area of the lot for the proposed development, provided the proposed MF zone district is subsequently accepted and approved. 13) The applicant represented that the floor area for the proposal was reduced from 12,168 to 7,987 square feet by the reduction of one unit, and the average size of the units was reduced slightly from 4056 to 3994 square feet. The applicant should address the staff comments and work with them to finalize the square footage and floor area ratio (F.A.R.) figures for the units pursuant to the methods for calculating floor area and F.A.R. in the Municipal Code prior to or during the Town Council preliminary review. 14) Pursuant to Municipal Code Section 16A-5-300(c)(5-7), "Dimensional limitations," "Community purposes for PUDs," and "Standards for granting variations" under the General Restrictions, the Applicant's offered community purpose(s), such as replacing an office use, replacing the pond and wetlands, and to open the parking along Snowmass Club Circle for public usage, may be considered by Town Council in support of the proposed buildout variation from zero to the two (2) units, which calculate to approximately 11.0 unit equivalents calculated in combination for the two units.,. The Planning Commission declines to render an opinion on the community purposes, believing that is the province of the Town Council. 15) Pursuant to Municipal Code Section 16A-5-310(7), "Adequate facilities," the application proposes to relocate and reduce in width the golf/winter trail on the east side of the site from 12 to 10 feet. Pursuant to the review comments received from the referral agencies in attached Exhibit "C," it is recommended that the general feasibility involving the re-design and usage of the trail along on the east side of the site be addressed at a preliminary review by the Town Council and that the technical aspects of such trail be resolved prior to or with the Final PUD review. 16) Pursuant to Municipal Code Section 16A-5.340(b)(15), "Construction management plan (CMP),", and pursuant to the review comments received from the referral agencies in attached Exhibit "C," it is recommended that the general feasibility involving the CMP be addressed at a preliminary review by the Town Council and that the technical aspects of the CMP be resolved prior to or with the Final PUD review. 17) Pursuant to Municipal Code Section 16A-5-340(b)(12), "Fiscal impact," the fiscal Impact report as presented in the application appears acceptable, and due to the small scale impact of the proposed, no fiscal related mitigation seems necessary at this time. PC Reso 09-17 Page 9 of 10 1 S) Pursuant to the findings and recommendations above, the proposed Minor Preliminary Plan application seems to have adequately addressed, for a preliminary level of review, the other review and approval criteria in Municipal Code Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards, 19) Pursuant to the findings and recommendations above, the proposed application adequately addresses, for a preliminary level of review, the Pur ose" and the "Review and intent issues" or questions outlined in Municipal Code Section 16A-5-340. 20) Pursuant to the review comments received from the referral agencies in attached Exhibit "C," it is recommended that the general feasibility involving the affected issues and concerns be addressed at a preliminary review by the Town Council and that the technical aspects of such issues and concerns be resolved prior to or with the Final PUD review. Section Two: Action. Subject to the findings and recommendations in Section One of this Resolution, which is based upon the current PUD application as revised by the Applicant for a two-family dwelling structure, the Planning Commission recommends to the Town Council that the applicant be granted permission to proceed to the submission of a Final PUD application. 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, b the Planning Commission of the Town of Snowmass Village on November 4 , 2009, upon a motion by Planning Commission Member Gustafson, the second of Planning Commission Member Aiken, and upon a vote of 6 in favor and 0 against Planning Commission Chairman Purvis absent). TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION Don Crouch, Vice Chairman PC Reso 09-17 Page 10 of 10 ATTEST: Kris Holliday, Planning C fnmission Secretary Referenced Exhibits attached: Exhibit"A"- Preliminary PUD Guide Exhibit "B"- Project information and selected drawings/plans Exhibit "C" - Town Departments and Referral Agency review comments Exhibit "A" Planning Commission Resolution No. 17, Series of 2009 Page 1 of 1 Preliminary PUD Guide Snowmass Club Circle Two-Family Dwelling Parcel 10, Flllng 1.Lot 1 —Snowmass Club P.U.D.Subdivision Development standards: Lot Size: 0.4 acre or 17,424 square feet Permitted Uses: Two-Family Dwelling, and continued use of the pedestrian trail as a golf cart path and for Nordic operations and winter recreation,four(4) surface parking spaces, shared driveway and auto-court area, landscaping and open space. Number of Units: 2 Number of Bedrooms: 8 Maximum Density: Maximum 5,0 DU/acre Maximum Floor Area: 8,000 square feet for the two-family structure that includes a 700 SF garage exemption for the lot (13,068 square feet in the proposed MF zone district If the PUD is amended) Maximum F.A.R.:0.46:1 for the two-family structure (0.75:1 In the proposed MF zone district if the PUD Is amended) Maximum Height:36.5 feet for the two-family structure(maximum 38 feet in the proposed MF zone district if the PUD is amended) Maximum Building Coverage: 25%or 4,360 square feet more or less Minimum Building Measured from property line: Setbacks: North: 40 feet West: 10 feet South: 10 feet Southeast: 15 feet East: 30 feet Minimum Open Space: 75%or 13,060 square feet more or less Required Parking: 8 (one space per bedroom for each free-market condominium unit) Parking Provided:8 (4 surface spaces and two double-car garages) Exhibit "B" Planning Commission Resolution No. 17, Series of 2008 Project information and selected drawings/plans Snowmass Club Clrclo 41 A 1 I ' J/. z 'r 9 o g 3 s rl SNOWMA SS CLUB x CIRCLI z i; a. U1 r a r 1 I ar9 I' fY o { c q j fe mmmgg >qq > r IM a: s o . ghh444 D X y Iii I. CLAUSON ASSOCIATESnn n.re o, +w.uw.0300SnowmassClubCirclem/ i SNOWAAM.COLORAW81Uelo 6fNGAI¢QNAl90CNE8.ncroao ni R I A G F 38'- 0' MAX HEIGHT Roof Plan I s t: m not to scale) I> tMMR LOF nMi I m H 2 I P I1 U 3 Ca UNITA UNIT B j SYN1HEEfC9WtE( R YGL®, WEI NORTH ELEVATION SITE P lr 4TN C: $ WIlH NHill FlRE RRA\TN( i Cn C A GINfi IN S 38'- 0• MAX HEIGHT M I t BUILDING HEIGHT MATRIX , M _ m.,. Haas wr ac I ae® m seem . sr sr w c eenevo, eeem rele. m eeem . rr BEVATI a BlBO. M. W.IATRIX E lMn] YA00 TMLO ItlS IfS r ew, name nnm wa u UNIT B UNIT A eemn eelueo neem z>ti a-w ecuevle ra SOUTH ELEVATION la A6 Ii n Roof Plan xxw mERArwo p 3B'- 0- MAX HEIGHT ed nottoscale) LMABt rNOFC. eII wosvncl xATwu v--. r_.: i 3. 1 N I N I iI1 U UNIT UNITA BUILDING HEIGHT MATRIX E WEST ELEVATION i I:.\ wONf nnm resaoo w . W J D F G s eomm rrom Lamm > x a-r p C c eeaem omm oeom Na ma Y o . ulimmam xaxa m I 38'. 0' MAX HEIGHT c rraz, rmm nmm ma Iw J mlul rmm Ivnm sa sa u mna nww Iwaw ml n•. a SITE PLAN q 4 rl o i W! A 1 j1 I n 1 I l NOR111uW110N ELEVATIONS d BLDO. HT.. MATRIX I UNITA UNITB M' IYNNM1YV EAST ELEVATION n5 3rd Level 300 Snowmass Club Cirda P SNOWM .oaonAooe,awSS 000 r O4•o 2nd Level UNIT-B 0Li p tOVEKEOP 0 KRCl1EN WEIB1n UNIT-A TO 1 st Level UNIT-B cpJE p 0 0 m omcE V/PYlPrt mom MIUGE Q UNIT-A ENTW POaa+ E111RT T'OLLi1 FM0.r PMWO M GAPAW UNIT-B PMKlW PIAWNG PAF0 Exhibit "C" Planning Commission Resolution No. 17, Selves of 2009 Town Departments and Referral Agencies Review Comments DUNLOP ENVIRONMENTAL CONSULTING, INC. Environmental and Public Health Planning for the Future Thomas S.Dunlop President August 30, 2009 RECEIVED Town of Snowmass Village Jim Wahistrom, Sr. Planner AUG 3 1 2009 130 Kearns Rd. 5notanass Vllaee PO Box 1050 Cotpmunity Development Snowmass Village, CO 81615 Re: Snowmass Club Circle Minor Preliminary PUD and Amendment(Revised); and Re-zoning to Multi-Family ("MF") - Amendment. Dear Mr. Wahistrom: The above mentioned PUD application for 300 Snowmass Club Circle has been reviewed by Dunlop Environmental Consulting, Inc. (DEC) at your request. This review is to determine completeness of the application regarding air and water quality and compliance with minimum requirements for a Construction Management Plan(CMP). As per your instruction this review is to focus on the applicant's response to previous review comments submitted by DEC on November 24,2008. The 2008 review was based on the applicant's desire to construct a triplex. This review is based on the applicant's desire to construct a duplex on the same property..Downsizing of the application will not significantly impact findings made by DEC. Air Quality: Previous comments made by DEC have been adequately addressed in the application dated August 17,2009. Water Quality: Previous comments made by DEC have been adequately addressed in the application dated August 17,2009. Specifically,there was a conflict between a determination by the applicant that a preconstruction notification to the Corps of Engineers Nationwide 29 wetlands permit was not needed,but the actual permit stated otherwise. In a letter dated January 26, 2009 from the Department of the Army, U.S. Corps of Engineers to the applicant there is an authorization for the work under the Nationwide 29 permit. 1 Post Office Box 6289 a Snowmass Village,Colorado 81615 USA a Office and Pax (970)9234820 0 petuted on reeyeW pap. The current application mentions that some of the water discharging into the water features/wetlands comes from within the existing structure, Aspen Skiing Company Planning Department offices. It is suggested the applicant offer clarity as to the origin of this water. There is a statement in the application that; "The wetlands on the property are primarily associated with the basin area and.are solely supported by inputs from the watershed above and those generated inside the building. " (Section 21,2nd page titled: Hydrology from NatureTech Consultant Services Corp.). A lingering question is where does the water come from inside the building and what was the origin of the water?If the water was used for domestic purposes it should discharge to the municipal sewage collection system, not as surface discharge. Clarification of this point is recommended. Construction Management Plan: Previous comments made by DEC have been adequately addressed in the application dated August 17,2009. This concludes findings of this review. Sine iy, Thomas S. Dunlop,MPH,REHS QTOSV.300 Sma CIv6 Circle 8.30.09 i 2 From: Dunlopenv @aol.com Sent: Wednesday, September 02,2009 6:12 PM To: stan@scaplanning.com;Jim Wahlstrom Cc: pathck @seaplanning.com; smills @BearRealty.com Subject: Re: Dunlop Environmental Consulting referral comments Jim. This explanation from Stan is adequate and satisfies the question I raised in my August 30, 2009 review of the project at 300 Snowmass Club Circle.The question was specific to the origin of the discharge water that was represented as coming from Inside the existing building and feeding the old pond exterior to the building. Thank you, Tom Dunlop 3 Dunlop Environmental Consulting, Inc. Thomas S. Dunlop,MPH, REHS PO Box 6289 73 Sinclair Ln Snowmass Village,CO 81615 Phone/Pax(970)9234820 Coll Phone(970)379-4028 Dunlopenv@aol.com In a message dated 9!2/200911:36:08 A.M, Mountain Daylight Time, stan@scaplannina.com writes: Tom and Jim— In response to the comments offered by Dunlop Environmental Consulting,I am writing to offer a clarification to Mike Villa's statement that the pond was "supported by inputs from the watershed above and those generated inside the building." Mike Villa's wording in this respect is perhaps a bit , confusing, as the pond was actually fed by an irrigation pipe using the municipal water supply. This source is presently controlled by an valve located in an irrigation control box adjacent to the building. This irrigation line was presumably used to replenish the water available to a water feature associated with the pond that has been abandoned. Any implication that the pond was fed by greywater or other wastewater sources from within the building is incorrect and not intended. Thank you for the opportunity to offer this clarification. Stan Clauson t Email 09-23-09 Environmental RE: Snowmass Club Circle Duplex Jim, I do not feel I need to modify my comments based on those of other consultants to this application. 1 agree with Bill Johnson's concerns about preservation of waters receiving discharge from the project. Design of the wetlands and supporting features is critical to maintaining water quality. The need for a construction site dewatering permit Is valid given the shallow depth to ground water. As can be seen from the applicant's reply to my questions about sources of discharge water from the property, I accepted their explanation that the discharge pipe from the existing structure was served from potable water and is no longer an issue. Thank you, Tom Dunlop Environmental Consulting, Inc. Thomas S. Dunlop, MPH, REHS PO Box 6289 73 Sinclair Ln Snowmass Village,CO 81615 Phona/Fax(970)9234820 Cell Phone(970)379.4028 DuntooenvCaol.com SIGIM RECEIVED MEMORANDUM SEP 21 1009 Snowmass Village T0: Jim Wahlstrom, Senior Planner Community Devebpnent FROM: Debbie Duley CC: Dean Gordon DATE: September 21, 2009 SUBJECT: Snowmass Club Circle PUD Minor Preliminary Planned Unit Development and Amendment to the Snowmass Club PUD Parcel 10, Filing 1, Lot 1 to construct a two unit residential development. I have reviewed the drawing package, dated August 14, 2009 and the Application notebook, dated August 17, 2009 which were received by the Town of Snowmass Community Development Department on August 21, 2009 and provided to our office for review. My comments relate primarily to Sheet C2, Grading, Drainage and Erosion Control Plan, Sheets C3, C4 and C5, Utility Design, Sheet C6, Drainage Details and C7, Erosion Control Details. General: The plans as presented are generally clear and legible and present the intent of the design as required by a Preliminary Plan submittal. The full size drawing set is missing Sheet 1 of 1 ALTA(ACSM Survey Plat, although small copies are included in the application notebook. It should be noted that many of these comments have previously been made on two separate reviews of the previous applications for this site. The applicant has failed to address the concerns raised during previous reviews. Grading, Drainage and Erosion Control Plan 1. A drainage plan is included in the application, however is does not include anticipated discharge volumes as required by Section 16A-4-250. Note No. 2 indicates that the developed storm water conditions are based on a drainage study prepared by Enartech dated November 1, 2001. Please provide a copy of that report and the associated drainage calculations showing how historical drainage systems are being maintained. Verify that 300 Snowmass Club Circle Town homes Preliminary Plan Review Page 2 the assumptions in the 2001 report are consistent with the level of development proposed. 2. A) The application, on Page 8 under Sec. 16A-4-250 Storm Drainage, states The integrity of existing and natural drainage patterns will be preserved". Explain the basis for the application statement. B) However, it appears the drainage channel that flows across the property from the southwest and into the existing pond will be removed. A small drainage Swale, with 12-inch inlets is being created along the southwest side of the property. Provide calculations showing the volume of off-site flow and the capacity of the drainage Swale to handle both off-site and on-site flows. Provide vertical and horizontal data at Final Plat to allow construction from the drawings. 3. The drainage swale includes a number of shallow—24-inch depth — drains. It is likely that this drainage system may be frozen during some periods of the year, allowing water to pond within five feet of the building foundation. 4. Sheet LA1 and Sheet LA4 of the Landscape Plans indicates extensive planting, including several large trees are planned in areas of the site that also include drainage swales, drainage piping and shallow utilities. I suggest that the landscape plan be overlaid on the utility and drainage plan so that potential conflicts may be identified and resolved. Given the proximity of the building to the property line on the west and the cart path on the north, it will be difficult to accommodate drainage, utilities and landscaping in such a constricted area. 5. S eet C2 is titled Grading, Drainage and Erosion Control Plan; however, the erosion control measures and their location are not shown on the plan. Sheet C7 includes a detail for a vehicle tracking pad, but there is no notation on the Erosion Control Plan that one is required. 6. The soils report by Hepworth Pawlak Geotechnical, Inc. indicates the presence of groundwater at a depth of 4 to 5 feet below the surface. Under slab drainage systems Including sumps and pumps are recommended. There is no indication on the plan of where these systems are located and where the outlet might be. 7. Universal Building Code requirements are that the elevation of the soil next to the building should be a minimum of 6-inches below the top of foundation, or.6-inches below the bottom of wood siding, whichever is greater. In addition, the soils report recommends the site be graded to slope six inches away from the buildings in the first ten feet. Final grading should be designed to meet those criteria. 8. The grading for the proposed driveway indicates the driveway will drain onto Snowmass Club Circle. Private driveways are not permitted to drain onto $- public roads in the Town of Snowmass. In addition, the driveway surface is indicated as being snow melted. An icing hazard will exist at the interface between the snowmelt surface and the adjacent cold surface. The driveway must be graded to drain away from Snowmass Club Circle, and towards an 118 W.a Street,Suite 200 Schmueser Gordon Meyer,Inc. 970)945.1004 Glenwood Springs,CO 81601 970)945.5948 FAX 300 Snowmass Club Circle Town homes Preliminary Plan Review Page 3 area where the water will be collected or will flow into a landscape area so as not to create an icing hazard. 9. Legend Note#17 refers to an 8-foot wide cart path w/ 6-inch curbing. The path is dimensioned as ten feet wide. The language in the application similarly refers to the cart path as being both eight feet and ten feet wide. Please clarify the intended width. 10. The existing concrete golf cart path is being re-routed around the building and constructed as a drainage channel to convey overflow water from the upstream pond around the building. However, the grading indicates that the storm water will flow into Snowmass Club Circle. The grading must be modified so that the storm water is intercepted and diverted into the drainage system rather than draining onto Snowmass Club Circle. 11. A 1500 gallon sand and debris Interceptor is shown under the eastern side of the parking area. Roof drains and landscape drains are piped into the interceptor, but drainage from the parking area is directed away from it. Recommend re-grading the parking area so interceptor will serve to collect sediment and chemicals from the driveway and parking area surface. 12. There is no Indication of the invert elevations for the storm drain piping. Verify the 1500 gallon capacity would be below the pipe inverts. Given the shallow depth to groundwater in this area, what measures will be taken to prevent the tank from floating? Will the depth of the tank be in excess of the suction head for the pumping equipment available to remove the sediment? 13. Storm drain piping is indicated as being six-inch pipe that drains into four- inch pipe as it gets closer to the sand and debris Interceptor, Is it intended for the pipe sizes to get smaller near the outlet, or is the labeling Incorrect? 14. The invert indicated for the 18-inch culvert under the driveway is too high to meet minimum coverage requirements over the pipe. , 15. Because of the small size of the site, a CDPHE storm water permit is not required. However, a construction dewatering permit will be required before the contractor may discharge ground water encountered during construction. Utilities 1. Sheet C4 Water and Sewer Plan indicates a new 8-inch water line extension to the project. The symbol in the legend indicates the three 8-inch gate valves in connection CES#1 to be existing gate valves. The symbol should be changed to indicate new gate valves. 2. A new sanitary sewer manhole is to be installed over an existing line in Snowmass Club Circle. In plan view, the line is indicated as being an 8-inch line. In profile, invert elevations are given for two 12-inch lines. Please correct to indicate correct line size. 118 W.61f Street,Suite 200 Schmueser Gordon Meyer, Inc. 970)9454004 Glenwood Springs,CO 81601 970)945.5948 FAX 300 Snowmass Club Circle Town homes Preliminary Plan Review Page 4 3. There appear to be two new sewer service lines to Unit"B" and none to Unit A" 4. A note on the existing water line indicates both an "8" X 6" saddle tap" and an 8" X 8" Tee. It appears that the intended connection is the 8" X 8" Tee. The note referencing the "8" X 6" saddle tap" should be removed. 5. Right of way and road cut permits must be obtained from the Town of Snowmass Public Works Department prior to any utility or grading work within the right of way of Snowmass Club Circle. At Final Plat, provide details for road cuts and restoration. Miscellaneous 1. The Wetlands Delineation Report prepared by NatureTech Consultant Services Corp. indicates the wetlands were delineated on June 17, 2007. However, no mapping of that wetlands delineation was included in the application. A wetlands delineation map done by Drexel, Barrell & Co in 2001 is included, but it is not clear how this mapping relates to the subject, site. Provide current mapping showing existing wetlands area as well as proposed wetlands mitigation plan, 2. There is intermittent flow in the roadside ditch and periods of no flow. Explain the wetlands operating plan to maintain an aquatic environment. It should be noted that these comments are based on review of preliminary drawings only. Prior to final approval, the applicant must submit detailed construction plans and specifications for review, if you have any questions, please feel free to contact our office. 118W.a Street,Suite 200 Schmueser Gordon Meyer,Inc. 970)945.1004 Glenwood Springs,CO 81601 970)945-5948 FAX Earth Resource Investigations, Inc. SuAace and Groundwater Hydrology.Wetland Deiineotbn and Mitigation, Waterfowl and Fish Habitat improvements,Water Rights,Mitigation Banking ti 004 Jim Wahistrom Senior Planner Town of Snowmass Village P.O. Box 5010 Snowmass Village,CO 81615 Dear Jim: I have reviewed the revised Snowmass Club Circle PUD.While they have incorporated many of the previous recommendations I do not feel they are adequately protecting water quality. The site Is within the Brush Creek Impact Area.The Erosion Control and Drainage Plans do not adequately show the temporary and permanent erosion control features.There are typical drawings but they do not show the location of the drainage and erosion control features on the plans. It appears that the drainage from the site will go into the wetland feature. If this is the case is there adequate capacity for sediment discharged Into the ponds and can they be easily dredged if necessary. There is a 1,500 gallon sediment trap, which may not have adequate capacity to treat runoff from the site before it is discharged into the wetland or Brush Creek. The proposed mitigation is 1:1 for the 850 square feet of wetland impacted as required by the Brush Creek Impact Report.The proposed water feature and wetland has a surface area of . water which does not meet the mitigation requirement for wetlands. Is the surface area of the ponds included in the 850 square feet of wetland mitigation?If it Is,additional wetlands must be created to offset the surface area of the ponds. Sincerely, RECEIVED St? 2 ; 2009 William N. Johnson, CPESC Professional Hydrologist Community Development 2195 Overtook Court • Grand Junction, Colorado 81507 970.314.9804 • Fax 970.433.7906 Email 09-22-09 RE: Snowmass Club Circle Duplex Natural Resources—follow up It sounds like we need to reevaluate how much area of wetland is actually being impacted.The existing pond is 100%Jurisdictional Wetland and thus should be mitigated.The Corps typically asks for a 1:1 mitigation ratio. I feel this is appropriate since this area is in the Brush Creek Impact area.The proposed pond water surface area should not count for mitigation since it is not Jurisdictional. I agree that the boundary of the wetland should be overlaid on the development plan. Bill Johnson Nordic Council/Trails—City of Aspen September 21,2009 RE: Snowmass Club Circle Duplex proposal HI Jim, Thanks for your phone call last week. Overall,our concerns regarding the new proposal are essentially the same as for the last proposal. The cart path is the main area of concern and especially the proposed curbs and width of the corridor. The Grading, Drainage and Erosion Control Plan illustrates an 8'wide cart path with a 6"curb. These 6' curbs will present a serious problem for us and could prevent grooming of the trail in low snow periods. Our suggestion is to change that design to a rounded 4'curb that has been used with success elsewhere on the golf course and has not been a problem for the snowcat to groom over. The 8'width of the proposed cart path is not an issue but the snowcat does requires a 14'wide corridor. In the Grading, Drainage and Erosion Control Plan(item 23)is an area of concern regarding boulder walls. It looks like this will constrict the width of the cart path corridor and could present a significant obstacle. This plan does not illustrate what is located on the east side of the cart path or the proposed grading but as mentioned earlier,the snowcat requires a clear and flat 14'width. items 14&21 of the Grading, Drainage and Erosion Control Plan are of similar concern as the curbs and boulder walls. They will present difficulties for the snowat. As mentioned)in our earlier comments we still have concerns regarding snow removal during the winter months. We just want to make sure that there is no snow pushed onto the Nordic trail from the snow removal operation on the parking lot. Thanks again for the opportunity to provide feedback to the proposal and let me know if you require any additional information. Regards,Austin Austin Weiss Trails Coordinator, CRy of Aspen 970-429-2023 Snowmass-Wildcat Fire Protection District September 18, 2009 RE: Snowmass Club Circle Duplex proposal Jim, The Snowmass-Wildcat Fire Protection District cannot provide adequate fire protection to the building now being proposed for the Snowmass Club Circle project. We believe that fire and life safety issues exist without further commitments from the-Developer.Therefore we cannot support the rezoning of this property at this time. Under the Applicant's previous proposal,as a triplex,the building codes would have required that automatic fire suppression be installed throughout the occupancies.The Utility Report(tab 18)of their a submitted documents indicates that this was in fact their original intent. However,the currently proposed PUD Amendment before you proposes a future structure that is basically a duplex with condominium ownership.This would leave the size, location and footprint of the building the same but exempt it from fire sprinklers should it be classified as an R3 structure. Fire access for firefighting and rescue is extremely limited around this building site,especially during the winter months. This is also not a discussion we want to leave for debate just prior to the issuance of a building permit. We feel that the proposed location of this structure does not adhere to TOSV Municipal code 16A-4-240 which provides for Unusual fire hazards,location and Fire Access requirements that are further addressed in the TOSV adopted fire codes. Recent phone conversations with the Applicant's representative indicate a willingness to possibly protect the structure with automatic fire suppression. However,we would like a firm commitment that such fire protection measures would be included for this project. We remain available to further discuss this issue with the Planning Department and the Applicant. John T. Mele Fire Marshal/Deputy Chief Snowmass-Wildcat Fire Protection District Economic Resources September 18,2009 RE: Snowmass Club Circle Duplex proposal Comments regarding the Fiscal Impact Analysis: Proposed Development Section 1. The "2000 Camp Plan Chapter Six,Table 6.1' is cited as the basis for the assumption of 2.5 Residents/Unit. The correct reference would actually be to Table 6.11'. That said,the 2.5 person per unit factor is based upon "Permanent Occupancy". If the units are more likely to be used as seasonal rental property,the"Peak Occupancy"factor of 3.5 Residents/Unit(as noted in Table 6.11) is probably more appropriate. 2. 1 have not examined the AA with respect to School District impacts. It is unclear whether the application has been referred to the School District for comment. Assessed Value Section 1. Clting'comps of real estate in area'(without backup data), a Residential Assessed Value of"$3.5 Million Per Unit" is indicated in the FIA. It is questionable whether that is an appropriate assumption in today's market. 2. Assessed Value would provide a basis for property tax revenues and RETT. RETT is not addressed in the analysis. Estimated Expenditures 1. The Town of Snowmass Village 2001 Revised Budget'is cited as the basis for these figures. The Town's Finance Dept.should be consulted to determine the appropriate multipliers,based upon the'2009 Revised Budget'figures. Estimated Expenditures For Development 1. This section should be amended to reflect updated multipliers per comments above(i.e., Residents Per Unit and Expenditure Estimates). Estimated Revenues 1. It is unclear what'Footnote 8' is referring to. This should be clarified. 2. Sources should be cited as basis for revenue estimates. These should be verified with the Town's Finance Dept. per 2009 revised budget and EPS's 2003 Snowmass Resort Economic Model. Estimated Revenue For Development 1. This section should be amended to reflect updated multipliers per comments above (i.e., Residents Per Unit and Revenue Estimates). Estimated Fiscal Impact of Development 1. Revise to reflect changes suggested above. Jason Haber Economic Resource Director Town of Snowmass Village 130 Kearns Rd. PO Box 5010 Snowmass Village,CO 81615 p. 970.923.3777 t. 970.923.6083 MEMORANDUM FROM: Planning Department RE: Planning, Zoning, Site Plan, Floor Plan, Building Elevations, Landscape Plan-Referral Comments -- Snowmass Club Circle Minor Preliminary PUD & Amendment for a Duplex project DATE: September 28, 2009 Development application text. Re-Zoning: 1. The Municipal Code no longer recognizes 'MF-PUD' as a zone district that can be applied for with a development application. The proper MF zone district should be applied for by the applicant on the application form and in the text description. 2. In reference to pages 1 & 22, Section 1, be advised that the Aspen Skiing Company operations in the former pro shop were previously considered 'office' space. The Interpretation earlier was that the usage' rather than the 'operator determined whether the Skico could utilize the space. 3. On page 36, Section 1, why is it noted that the former pro shop structure became 'obsolete'? That term seems contrary in that the building is still being utilized. Also, in the same paragraph, further explain why 'the property needs revitalization and reinvestment? 4. On page 26 & 30, Section 1, the minimum lot area of 7,000 square feet was calculated incorrectly. It is the base rate of '3,000 SF plus' rather than '3,000 SF or.' 5. On page 26 & 30, Section 1, the proposed building setback requirements noted in the text are different than what is shown on the development plans. Clarify what is actually proposed for preparation of a PUD Guide. Preliminary PUD description: 1. On pages 9 & 31, Section 1, explain how residents or guests will be encouraged to use the shuttle service as an alternative to private automobile usage. 2. On page 12, Section 1, it makes reference recreational equipment and that, 'no additional fenced outdoor storage is proposed,' and the next sentence states that 'outdoor storage of materials, equipment, and vehicles will conform to TOSV regulations.' By these statements, where is the fenced outdoor storage would be located or clarify where the outdoor storage areas are planned, including the screen method. 3., Under the 'Energy Conservation' subsection on pages 14, 15, & 39 Section 1, the proposed conservation methods seem non-committal by 1 usage of language such as, 'considered,' 'may be utilized,', and 'may include.' 4. On page 18, Section 1, what is the proposed 'patterned hardscape treatment material? It needs to be labeled on the site and civil plans. Variations: 1. On page 25, Section 1, it seems that justifying compliance with community purposes by demonstrating that the PUD meets the review and design criteria is not the proper approach per the Code criteria. Unique and exception circumstances also need to be demonstrated beyond any proposed community purposes for the buildout variation. 2. On page 28, Section 1, further explain why 'replacing an older structure with a modern building' and 'adding additional variety to the stock of multifamily condominiums, townhouses, and single-family residences in the immediate vicinity' are considered to encourage better design. Floor Plans. 1. On pages 1 & 41, Section 1, Staff cannot evaluate the unit floor area based upon Pitkin County Assessor methodology, because the site is located with the Town of Snowmass Village jurisdiction. 2. Label all proposed covered and uncovered patios and deck spaces. 3. It appears per the table provided in the description, in Section 1, that the front second deck level was not included In the floor area calculations. This would modify the figures by 100 SF. Please revise to make certain that this deck addition would still fall under the 12% rule. 4. If the roof overhang for the upper deck is 4 feet or more, then the deck area must be included in the floor area. Dimension and/or re-calculate accordingly. 5. Clarify for Unit A if the 2,195 SF on the main level includes the covered front porch area. Covered porch or patio areas count as calculable floor area. 6. Clarify for Unit 8 if the 2,151 SF on the main level includes the covered back patio area. 7. Show and label the locations of the proposed hot tubs identified in the utility report. Building Elevations. 1. On page 17, Section 1, what is meant by the proposed building being organic'? A synthetic roof with recycled tires and a building with stone cladding do not appear 'organic.' 2. The notes on the building elevation make reference to 'natural siding.' What is considered to be 'natural siding'? Or, is the siding a manufactured product? 2 3. Actual exterior finish and color samples will likely be required for the Planning Commission and Town Council reviews. This may further clarity what is meant by 'authentic' on page 18, Section 1. 4. Label the Mean Sea Level elevations of the proposed finished grade the roof pitches on all the building elevations in order to further verity the heights. 5. Show the front upper deck on the east elevation. 6. Call out the materials planned for the railings on patios and decks. 7. Other door and window designs are recommended other than large window panes and sliding glass doors, such as heavier trim or mullion details, multi-paned windows, single-garage doors versus double-wide doors, unless the applicant is trying to emulate the style on adjacent properties. 8. Horizontal versus vertical siding is recommended as it may lessen the perceived height of the building, plus it would be similar to the exterior finish treatment on Country Club Townhomes. 9. According to the Brush Creek Impact Report, level style door handles should be avoided on the exterior of the building. The building elevations should show and label accordingly the types of door handles proposed. Landscaping/site plan /open space. Outlined below are the initial observations and comments concerning the landscape plans for the proposed duplex at 300 Snowmass Club Circle: A. Existing Conditions-Sheet LA5 1. As drawn, it is difficult to clearly identify the existing coniferous and deciduous trees, unless noted by typical symbol and or plant symbol in the legend. 2. The Tree Type Chart appears to be incomplete, as per the above comment; it also needs to identify the trees to be retained, removed or transplanted. There is a general area noted off-site for tree replantings, but it is unspecific as to the specifics trees that would be relocated and where. A consent or agreement from the adjacent owners is needed at this time if such a proposal is Intended to be utilized as a buffer treatment to justify the proposal. B. Open Space Map-Sheet LA4 1. The total site area needs to also be identified in acres/square feet to verity or reference the percentages represented. 2. The total area represented appears Incorrect as it duplicates the landscape area of 9,051 SF, and such figure does not appear to represent the noted 75% of lot area; or, is the landscape area, pedestrian area and/or hardscape area represented incorrectly? Please correct. C. Structures Within 300 Feet-Sheet LA3 1. All adjacent properties should be labeled. Only one adjacent property is currently labeled. 3 D. Preliminary Development Plan-Sheet LA2 1. The driveway should be a minimum of 204eet in width to accommodate possible two-way traffic movements; otherwise, vehicles making turns into the site may impede traffic in Snowmass Club Circle if such encounters occur. 2. Label Units A and B for reference purposes. 3. The southern-most surface parking space #4 and the south garage space for Unit B would appear to require a lengthy back-out maneuver in order to exit the site as the result of no back out space provision. The curbing for the auto court area may need to be cut back in order to avoid three-point back-out turning maneuvers, especially for large SUVs, especially from the southem-most garage space in Unit B. If the curbing arrangement is modified, this would affect changes to the landscaping and open space plans. 4. Surface parking space #4 is placed unattractively and directly in front of the pedestrian entrance to Unit A. It also would appear to impede or inconvenience residents or guests trying to access the unit. A larger or wider landscape buffer is recommended in front of Unit A for aesthetic reasons in lieu of the narrow five-foot strip with no trees and shrubs. S. The application materials states that patterned hardscape will be used for the auto court area, but the type is not noted. Label the surface treatment proposed and the type of patterned treatment envisioned. 6. Due to the problems with black bears in residential areas, make certain that the proposed solid waste plan for individual receptacles is approved by the Public Works Department and the Police Department; otherwise, a separate trash facility should be provided. According to the Brush Creek Impact Report, all refuse containers should meet or exceed Town standards. 7. If the current cart path is proposed to be relocated and narrowed from 12 to 8 feet (or 10 feet per the plans), a new easement needs to be provided, shown and labeled on the affected site plans. A civil engineer needs to provide written verification that the narrower cart path will continue to function as a 100-year floodplain spillway(see Application-page 6). Separate easement agreement grants or a new re-plat would be required with the Final PUD. B. Any proposed retaining walls and patios should be illustrated and labeled. E. Landscape Plan-Sheet LA 1 1. On page 33, Section 1, the 'offering' of existing trees to adjoining neighbors is not their 'burden' to use for screening; rather it is the applicant's burden to coordinate such screening if proposed to be utilized as buffering to justify the duplex proposal. 2. Label Units A and B for reference purposes. 3. The landscape plan legend needs to label the quantities and sizes of the plant material proposed, otherwise it is difficult to determine the adequacy of the plan design or the buffering proposed. 4 4. There are plant symbols shown the landscape plan that are not referenced in the landscape legend. 5. It appears that a majority of the perimeter trees are proposed for installation would be located directly over a transformer, electrical lines, gas lines and private foundation and site drainage lines, as well as boulder placements when referencing the civil plans. Utility information should be placed on the landscape plan to understand the constraints prior to designing a landscape plan for a site. Modification appears needed, unless written clearance from utility companies is granted. Otherwise, the Town or neighbors cannot rely on the plant material proposed for screening or buffering purposes. 6. Due to the utility lines proposed, it would appear that the plant material buffer would be non-existent or at least minimal with no room to plant the trees proposed or to install year-round plantings such as coniferous trees in the narrow perimeter setback area. 7. There is a general area noted off-site for"proposed location for relocated vegetation," but it is unspecific as to the identified trees, types and sizes that would be installed. A consent or agreement from the adjacent owner is needed at this time if such a proposal is intended to be utilized as a buffer treatment to justify the proposal. If it is not feasible with the neighbors, then why should the applicant use this buffer idea to justify the proposal? 8. Aspen trees are not typically planted as single tree locations, and it is preferable that they be clustered and planted in groups around the site. 9. The deciduous trees shown with shrubs are not adequate to screen or buffer the site. A good mix of evergreen and deciduous trees and shrubs should be proposed for consistency with the Municipal Code. 10.Further year-round screening of the auto court and of the vehicles in the surface parking area is recommended as viewed from west-bound and east-bound traffic along Snowmass Club Circle and from adjacent residential properties. 11,if a trash facility is needed, there needs to be foundation plantings around the base of it. 12.The driveway bulkheads and cart path curbs need to be at-grade if within 10' of the roadway as they may Interfere with snowplowing operations 9 placed higher. 13.Is there any exterior lighting proposed? Geotechnical/Solls Report: 1. This report should be updated to reference the current proposal. The report indicates a proposal for a four-plea with parking below the building. Brush Creek Impacts; 1. On page 3 of the text, it states that the redevelopment of property will not affect any wildlife habitats, but in the paragraph below states that 5 minimal wildlife habitat occurs on the property. Explain or describe the minimal wildlife habitat that actually occurs on the property. 2. On page 28, Section 1, the description indicates that the proposal would 'restore a deteriorated wetland area.' Other sections in the application state that the wetland area would be replaced. Please clarify what is actually being proposed. 3. As generally shown on the landscape plan, is there a specific restoration planned for the replacement ponds? By Code, one is required. 4. According to the Town's natural resource consultant, the pond area since it is jurisdictional wetland, also needs to be mitigated 1:1 as well as the proposed landscape revegetation area of 850 SF. Construction Management Plan: 1. According to BMP item #4, it states that wash racks will be installed on-site to prevent mud from being tracked onto Snowmass Club Circle and Highline Road. However, BMP item #8 appears to be in conflict if mud on road would be removed in four hours. Please clarify the intent. 2. Under the Traffic Control section, a trail relocation needs to be proposed at this time. An alternative trail alignment needs to be in place prior to construction of the site and replacement trail. Provide consent, agreements and proposed construction easement for such temporary trail at this time. Also show on the CMP map. 3. Under the Manpower/Employee Parking section, item 1, show and label precisely the area on the CMP where construction related vehicles will be parked on the north side of the proposed building's auto court area and next to the adjacent construction fence boarder. If parking is proposed within the public right-of-way, the applicant needs to obtain clearance from the Public Works Department. 4. Also in item 1, why would parking areas for construction vehicles need to be designated by RFTA or the City of Aspen? in addition, monthly reports should only need to be provided to the Town of Snowmass Village, not the City of Aspen. Re-clarify this paragraph. 5. In the Final Cleanup/Grading/Revegetation section, the application's landscape plan states that trees would be relocated off-site rather than removed or replaced as stated in the CMP. Please re-clarify the proposal. 6. In the same section above, the required seeding also needs to take place If construction ceases or is interrupted. 6 ATTACHMENT TC Report 12-07-09 Snowmass Club Circle PUBLIC COMMENTS RECEIVED ON THE SNOWMASS CLUB CIRCLE DUPLEX PROPOSAL COUNTRY CLUB TOWNHOMES CORPORATION P. O.Box 6159 Snowmass Village, Colorado 81615 970 923-4944 To:TOSV Town Council and Planning Commission Members From: Howard P. Foley, Pres. CCTH Date: Aug. 21, 2009 Subject: TOSV RESOLUTION NO. 18, SERIES OF 2009, proposal to amend the development plan for the 0.4 acre golf-pro shop site on the Snowmass golf course(Parcel 10, Filing No. 1, Lot 1 of the Snowmass Club Subdivision) Now that the developer Bear Realty, Inc. has proposed a duplex in lieu of a triplex on this small parcel on the current recreationally zoned golf course land it seems to us that the appropriate zoning should be Duplex (`DU') rather than Multi-Family (`MF'). This would more accurately reflect what is being proposed. We are concerned that if the new plan is approved as a Multi-Family zone and for some reason the project is not implemented, the new Multi-Family zone would still remain. However, if this small parcel of land were zoned a "Duplex Residential" zone district, we would have some assurance that possible future development proposals would likely be more compatible with the surrounding neighborhood. Town planner Jim Wahlstrom's July 20, 2009 memorandum to the Town Council pointed out and I quote: "Per the Code, `the intent of a Duplex Residential' ('DU') zone district is to provide areas of sufficient lot size to accommodate two-family dwelling units within the Town; Further it is the intent of this district to allow a range of compatible uses, either allowed or by special review, necessary to produce a viable residential neighborhood" The time that the staff and Planning Commission members spent gathering and doing the detailed analysis of the pertinent information led to a 5-0 vote against the triplex redevelopment plan that was originally proposed. The duplex proposal before you is a step in the right direction but Duplex Residential zoning seems far more appropriate for this small 0.4 acre piece of land at the entry to our Country Club Townhome community. Thank you for your thoughtful consideration of our views on this important matter. From: Howard Foley [hpfoley @msn.com] —Country Club Townhomes Sent:Saturday, August 22, 20091:04 PM To: Howard Foley; Ed Abrahamian; Bob Dyche; Fleur L. Strand (E-mail); Elaine LeBuhn; Chuck Buhsmer; Marcia Donnell; Ken Petke Cc: John Flynn; Kastan, Bradley (Exchange); bobloubier; John R. Donnell,Jr.; Greg Rulon; Jim Wahlstrom Subject: golf pro-shop/why duplex Team, I may have mentioned this to some of you. The reason I'm suggesting consideration of Duplex zoning beyond what I mentioned in my Aug. 21st, 2009 memo to the Council and Planning Commission members is: 1) A "Duplex" district has a height limit of 28 feet vs. 38 feet for "Multi-Family". 2) A "Duplex" district has a maximum Floor area of 4,500 sq. ft. vs. 13,068 sq. ft. for Multi-Family" for this small site. Two units, in one building 28 feet in height and averaging 2,250 sq. ft. in size, about the size of one of our smaller end units, would certainly more compatible with our CCTH community. Howard From: John Donnell Ordonnell @gmail.comj—Owner of CCTH unit Sent:Sunday, August 30, 2009 3:48 PM To: Jim Wahlstrom Cc: Howard Foley Subject: TOSV Resolution No 18 re Golf Pro Shop To: Jim Wahlstrom Please copy this message to Town Council and Planning Commission Members) I am the owner and resident of Country Club Townhome#6, in the building immediately adjacent to the old golf pro shop proposed for development by Bear Realty. The developer's revised proposal now calls for a duplex. Therefore, it seems appropriate that if the property is rezoned from recreational to residential, the proper zoning should be Duplex DU)rather than Multi-Family(MF). Duplex Residential would seem to fit what is currently proposed on the small 0.4 acre parcel and would give neighbors some assurance that a much larger inappropriate development, such as originally proposed by Bear Realty, would not eventually materialize. Thank you for your consideration. John Donnell, CCTH #6 From: Kastan, Bradley (Exchange) [BKastan @bear.comj—Owner of CCTH unit Sent:Monday, August 31, 2009 6:44 AM To: Jim Wahlstrom Cc: Kastan, Holly ; Howard Foley; Greg Rulon Subject: Parcel 10, Filing No. 1, Lot 1 of the Snowmass Club Subdivision Subject: TOSV RESOLUTION NO. 18, SERIES OF 2009, proposal to amend the development plan for the 0.4 acre golf-pro shop site on the Snowmass golf course Mr. Wahlstrom; I wish to submit this letter to you in an effort to communicate to the Council members and Planning Commission my thoughts on the above proposal. By way of introduction, my family is the owner of Country Club Townhome unit number 1 immediately adjacent to the proposed development). We have been second home owners in Snowmass Village for over 20 years and have committed enormous capital to the remodel of our town home. When we purchased and remodeled our unit we assumed that at some point the former pro shop would be developed in a responsible manner that would enhance the entire Country Club Townhome and Villas community. Now that the developer Bear Realty, Inc. has proposed a duplex in lieu of a triplex on this small parcel on the current recreationally zoned golf course land it seems to me that the appropriate zoning should be Duplex ('DU') rather than Multi-Family ('MF'). This would more accurately reflect what is being proposed. As Howard Foley and the Country Club Townhomes Board has already communicated, I am concerned that if the new plan is approved as a Multi-Family zone and for some reason the project is not implemented,the new Multi-Family zone could still remain. However, if this small parcel of land were zoned a "Duplex Residential" zone district, we would have some assurance that possible future development proposals would likely be more compatible with the surrounding neighborhood. As the Country Club Townhome Board stated, the Bear Realty proposal before you is a step in the right direction but Duplex Residential zoning seems far more appropriate for this small 0.4 acre piece of land at the entry to our Country Club Townhome community. Thank you for your thoughtful consideration of our views on this important matter, Bradley R. Kastan Managing Director Bear Stearns, a division of J.P.Morgan 4100 Regent Street I Suite D Columbus,OH 43219 From: John Flynn [J Flynn @HealthcareSearchExperts.com] —Owner of CCTH unit Sent:Wednesday, September 02, 2009 9:21 AM To: Jim Wahlstrom Cc: Howard Foley Subject: golf pro shop proposal Jim You forwarded the latest proposal regarding the golf pro shop development and asked for comments for the planning commission. In looking at the request I am struck by the fact that it is in fact a duplex but is asking for development under the multifamily category! I presume the reason for this is the more generous square footage allowed in this category but frankly feel that this approach is "playing a game" with the rules. The townhomes, where I live, have a range of square footage in them but none are close to those proposed by the developer which raises the question of the appropriateness of this proposal. I know of no unit in the villas either that approach the square footage of what is being proposed! If in fact this is a duplex does it not make sense to apply the duplex conditions rather than multifamily conditions for this development and not play games with the rules? One must question the wisdom of dropping in the proposed development between the villas and the townhomes as it is so different in its approach to either. Please share my concerns with the planning commission and thank you for continuing to keep us informed. John Flynn CCTH 22 From: Linda Gerdenich [aspenlinda @gmail.comj —Owner of S'mass Villas unit Sent:Wednesday, September 09, 2009 4:14 PM To: Jim Wahlstrom Cc: Chris Conrad; Stan Clauson; HDDR @aol.com; Rhonda Coxon Subject: Support for.300 SMCC Hi Jim et all, Please enter my support for the Bear Realty project scheduled before you on Wed. Oct. 7. 1 will be out of town & unable to attend the meeting. Please advise if any additional info is needed to show my support. I live at 294 SMCC#11210. L Linda Gerdenich 970-274-2478 Aspen Linda @email.com W.PATRICKC HURRAY.S9 WILLIAM MOLLY S.O' NEILE W.PnreleE MURRAY Mnur 5.O'NnLL MwHAELT MURRAY DONNAJP.AN A.EVAN! JOHN T.MURRAY JAMES S.TIMMERIERO DENNIS E.MURRAY MICHAELJ.STEWART CHARLES M.MURRAY MARGARET M.MURRAY JAMES L.MURRAY EMMETT MURRAY( 903—I9e0) LESLIE C.MURRAY MURRAY&MURRAY 7NONA9 MURRAY(1901-19]{) OF COUNSEL. EXPERIENCED TRIAL LAWYERS FA%;(419)6Y1-0)W THOMAS J.MURRAY JAMEST.MURRAY RECEIVED SEP 15 1009 Snowmass Village Community Development September 10, 2009 Snowmass Village Planning Department P.O. Box 5010 Snowmass Village CO 81615 Attn: Jim Wahlstrom, Senior Partner Re: Redevelopment of Parcel 10, Filing No. 1, Lot 1 of the Snowmass Club Subdivision (the previous golf clubhouse site) Dear Sirs: Our family objects to any structure being built in the area of the previous golf clubhouse site that exceeds the scale of the golf clubhouse. The information contained in this notice, of course, does not contain detail as to the scope of the proposed development but prior proposals were unacceptable. Very truly yours, Michael and Tami Murray/ 2 Country Club Townhome MTM:dkp Enclosure i i i E,ksr SHORI'LINU DRIVE SANDUSKY. OH10 4,NS70-25)7 - NVIVIV.M URRAYANDNJUHRAYCOM TELF1,110N v: (4 113) 32-1 .1000 Snowmass Village Planning Department P. O. Box 5010 Snowmass Village, CO 81615 Attention: Jim Wahlstrom, Senior Planner Concerning the proposed development next to the Villas at the Snowmass Club: 1. The impermeable area will be very large. Is there sufficient drainage planned for a heavy run off if there is a huge snowmelt brought on by a sudden warming pattern in the early spring? Would the planned drainage assure that nearby properties will not be flooded? If there is overflow, is there a plan in place to alleviate the problems to adjoining properties of possible subsequent freezing and thawing? 2. Where is the storage area for the snow that will have to be removed from the parking areas, roads, etc.? Will the snow removal and storage be undertaken by present Snowmass Club personnel? If not, how will the proper and adequate storage of snow be administered? 3. Is there a restriction as to the use of the duplexes, whether they are each solely for use by one family. Does the possibility exist that each unit could be used as a multiple family or multiple person unit? If so, the number of vehicles and the amount of traffic generated would be increased. 4. Will the surface parking spaces be restricted to short-term, intermittent use, rather than permanent, long-term use? How will this be enforced? 5. Are the building syles and building materials the same as or compatible with the existing villas buildings? Thank you for including these observations and comments in the staff report for the October 7, 2009 hearing before the Snowmass Village Planning Commission. Janis L. l CC Villass 1301 7 1301 970-923-2788 Q „ _ / a 0 0 X"UPECEIVED SEP 2 2 2009 Snowmass vmage Community Development Forwarded message ---------- From: thomas levitt<tilevitt @gmail.com> Date: Fri, Oct 2, 2009 at 12:28 PM Subject: Support of 300 Snowmass Clib Circle To: iahlstrom@tosv.aov Dear Mr. Wahlstrom: As a resident of Snowmass Village and a direct neighbor of the property, I fully SUPPORT the proposed development at 300 Snowmass Club Circle. Thank you, Thomas Levitt 240 Snowmass Clun Circle 1412 Snowmass Village, CO 81615 970) 922-0310 From: Howard Foley [mai Ito:hpfoley @msn.com] Sent: Sunday, October 04, 2009 4:11 PM To:Imo @okglaw.com; Greg Rulon; Mike Hoffman ; Kastan, Bradley (Exchange); John Flynn;jrdonnell @gmail.com; Jim Wahlstrom Subject: Re: Snowmass Club Circle Duplex - PC public hearing 10/7/09 Jim, Thank you for all the work you and your colleagues have put into analyzing this project application and for the Overall Staff Recommendation detailed on page 17 of your Planning Staff memorandum. We agree with your findings and support your recommendations. As I will not be in Snowmass on Oct. 7th please send me a short email if possible and let me know what the Planning Commission decided. Thanks again for all your hard work on the many versions of this application. Howard Foley, Pres. CCTH LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. PROFESSIONAL CORPORATION THIRD FLOOR.ASPEN PLAZA BUILDING 500 E.HOPKINS AVENUE ASPEN.COLORADO.61611 LEONARDM.OATES TELEPHONE(970)9201700 RICHARD A KNEZEVICH FACSIMILE(9701920-1 12l TED D.GARDENSWARTZ DAVID B.KELLY MARIAMORROW OFCOUNSEL: bReQokgtr .m JOHN T KELLY STEPHEN R.CONNOR ANNE MARIE MCPHEE WENDYC FOSTVEOT SARAH M OATES" LICENSE TO PRACTICE IN CO AND W PENDING. October 7,2009 VIA E-MAIL Town of Snowmass Village Planning& Zoning Commission c/o Chris Conrad, Town Planner Jim Wahlstrom, Staff Planner P.O. Box 5010 Snowmass Village, CO 81615 Re:Bear Realty Inc. Proposal for Duplex at Snowmass Club Circle Ladies and Gentlemen: This letter is written as the position of the owners of the adjacent unit immediately to the east of the proposed development, i.e., Grant Simmons, Allison Simmons Prouty and Leslie Simmons Lee, owners of Unit 1101, Club Villas, Phase I, a/k/a Unit 101. In connection with the October 7, 2009 Planning & Zoning Commission meeting, we have received and reviewed the Staff Memorandum, together with the Comparison Analysis of Two Adjacent Properties,the Villas included. Our clients agree with the Staff recommendation with the exception of the following: 1. We believe that no development right whatsoever should be granted in connection with this property given that it represents a change of zoning without any demonstration of changed circumstances which would permit a change of zoning as required by Colorado law and the Town of Snowmass Village Land Use Code. 2. If the Planning & Zoning Commission should proceed with a recommendation to the Town Council for approval of the applicant's proposal, my clients would request on behalf of themselves and others similarly situated that (1) the height of the proposed development be significantly lowered, (2) the project setback along the common boundary with the Villas be increased in order to create a larger side yard setback and to allow the planting of screening landscape on the developers' property and not on that of the neighbors, and(3)that the front yard setback along Snowmass Club Circle be reduced in order to preserve views from the Villas. With regard to the last point, the proposed structure would be site fourteen further MAdnw,hHD'.LMOASST-N%CI(mb-LMOitt,CKtl1p'.LV 10 TOSV 101 OM dw OA,ms, KNEZEVICH, GARDENSWARTZ& KELLY P.C. Town of Snowmass Village Planning&Zoning Commission October 7, 2009 Page 2 south than the current structure, which would interfere my clients' views of Mt. Daly, among other things. 3. Finally, we note with great concern the observation by Staff that if the developer receives a zoning change to MF instead of Duplex, it would be in a position to abandon the current proposal and seek much greater density "as of right," and consistent with its prior application. Accordingly, we strongly support the suggestion that any zoning change be limited to a Duplex designation. Except for the above, the applicants are generally in agreement with the recommendations of staff that the proposal not be permitted to proceed and that such _- recommendations be forwarded to the Town Council. Please circulate this letter at the October 7s meeting and include it in the record. Sorry to be late getting this in, but I have been out the last few weeks. Respectfully submitted. Very Truly Yours, OATES,KNEZEVICH,GARDENSWARTZ&KELLY,P.C. By G ccc Leonard M. Oates cc: Charles Lee, Esq. LMO/bab LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. PROFESSIONAL CORPORATION THIRD FLOOR.ASPEN PLAZA GUIL01NG ME.HOPKINS AVENUE ASPEN.COLORADO,61611 LEONARD M.OATES TELEPHONE(970)92&1700 RICHARD A KNEZEVICH FACSIMILE(W0)0201121 1 EDO,GAROENSWARTZ DAVID D.KELLY MARIA MORROW OF COUNSEL: ImoQokghw.wm JUHN I.KELLY STEPHEN R.CONNOR ANNE MARIE MCPHEE WENOYC FOSTVEOT SARAIi M OATES November 4, 2009 VIA E-MAIL Planning& Zoning Commission Town of Snowmass Village Attn: Jim Wahlstrom, Staff Planner P.O. Box 5010 Snowmass Village, CO 81615 Re: P&Z Resolution for Duplex Proposal made by Bear Realty, Inc. on Snowmass Club Circle Dear Members of the Commission: We represent the owners of Unit 1101, a/k/a Unit 101, Club Villas ("Unit 101"). Unit 101 is the closest Club Villa Unit to Bear Realty, Inc. proposed duplex. In connection with the above matter we have reviewed the Resolution to be presented for final approval to the Planning & Zoning Commission at its November 4, 2009 meeting with those edits made by the Applicant, Bear Realty, Inc. which was accepted by Planning Staff. In connection with the Resolution presented we have the following comments: 1. On line 135 of Section 1) General Findings and Recommendations, the proposed Resolution concludes that the Amendment to the Snowmass Club PUD would appear to have an insubstantially adverse effect upon the neighborhood surrounding the land where the development is proposed. Our clients disagree with this conclusion and believe that the proposal, if approved, constitutes intilling of the only open space parcel in the area with a much denser use than had ever been contemplated or shown when people bought their units within the Snowmass Club PUD. 2. On line 233 of Section 7) Landscanin¢; Grading and 0iher Design Standards, that section requires that there be a final landscape plan with the final PUD Application, including the offer for relocating trees off-site together with an agreement with the adjacent property owners. Our clients do not concur that landscaping issues to accommodate this development should be solved on the adjacent property owner's land. The eastern elevation which faces Mainlah HD.LMOASST-Dm Climu.LMO.L..ChWn:LV b PRZ 113 0 d. ..... ... ..... ... ........ OA'ffiS, KNEZEVICIi, GARDENSWARTZ& KELLY P.C. Planning & Zoning Commission Town of Snowmass Village November 4, 2009 Page 2 Unit 1101 Club Villas Phase 1, a/k/a Unit 101 has virtually no buffering landscaping at all and a likely cause of this is the cart path being pushed right up to the boundary and almost to the edge of the proposed building. There is no provision to screen this elevation from our client's property. Looking at the East Elevation as contained as Exhibit of Sheet A5 of the Elevations in the Guide, please note that such elevation contains a number of flat surfaces going straight up to 29 feet seven inches or (nearly 30 ft.) especially on the southern Projection labeled `B." This is very insensitive to the Club Villas properties lying to the east, including Unit 101. 3. There is really no support for the conclusions in Section 10 of the proposed Resolution relating to views, lines 291-297, Section 10) Views, The Commission personally inspected this property using the prior proposal, not this one. The present approval would appear to be pushed further south on the lot and is differently configured. It will block the views of Mt. Daly from several of the rooms in Unit 101 running from north to south in that Unit. Particularly that of Projection B which sticks right into the sightline of Unit 101. Clearly, if the project were to move some twelve to fourteen feet to the north this would greatly assist in mitigating this issue. 4. Lastly our clients concur with the conclusion of the Planning & Zoning Commission in the proposed Resolution that there is no demonstrated Community Purpose which accompanies the Application and Bear Realty, Inc. is required to demonstrate. Thank you for your consideration of our comments. Very Truly Yours, OATES,KNEZEVICH,GARDENSWARTZ& KELLY,P.C. By Leonard M. Oates cc: Charles Lee LMO/bab M, ijM, ,7Mr ,7j§w r M jM- 7 SNOWMASS CIRCLE we ........... ---------- n mE0IM0n 4m z 27 OCTOBER 2008 SNOWMASS TOWNHOUSES 0732 Email 11-17-09 Linda Gerdenich RE: Snowmass Club Circle Duplex Hi Jim, This email is in support of the Mon. 12/7 public hearing for 300 SMCC by Bear Realty. Please advise if any other information is needed. I hope this applicant is approved and this project can move forward. L Linda Gerdenich 970-274-2478 AspeiiLiiida@ginail.com December I,2009 Snowmass Village Planning Department P. O. Box 5010 Snowmass Village,CO 81615 Attention: Jim Wahlstr6m, Senior Planner Re: Redevelopment of Parcel 10, Filing I, Lot I of Snowmass Club PUD Subdivision Planners: Please consider the following concerns at your December 7,2009 meeting regarding an application by Bear Realty concerning re-zoning and PUD at the proposed Snowmass Club Circle development project 1. Sufficient storage for snow plowed from existing and proposed surface areas to assure that existing and proposed driveways,parking areas and street are maintained in clear and passable condition. 2. Adequate provision for runoff of snowmelt and heavy rain accumulations. 3. Provision for irrigation drainage away from existing roads and driveways and parking areas. 4. Provision for child-safe playing areas so use of streets,driveways and parking areas will not be necessary for playground areas. 5. Restrictions on number of vehicles allowed so that vehicles can be garaged rather than being parked long-tens in outside parking spaces. 6. Are regulations in place to control noise and clutter created by multi-family usage? 7. Is there provision for maintaining the trail/path that is now utilized between the existing and proposed developments? 8. Will there be adequate traffic signage to control the additional number of vehicles entering and leaving the development area? Thank you for your consideration of the foregoing issues as you weigh the ramifications of further burdening a small,compact area with such a heavy footprint Sincerely, Janis L Dybdahl,CC Villas 1301 Rhonda Coxon From: Jim Wahlstrom Sent: Tuesday, December 01, 2009 10:21 AM To: Rhonda Coxon; Donna Garcia; Barb Peckler Subject: FW: 300 Snowmass Circle Application before Town Council Below is yet another email response from an owner at the Villas at the Snowmass Club re: the proposed Snowmass Club Circle project scheduled for the TC 12/7 meeting that should also be inserted behind Attachment 2 of the report for the public comments received. Again, if the report has been already printed and distributed, please forward to the TC members. Thank you, Jim PS —There might be more coming in throughout the week. From: Barry Schwartz [mailto:barry@schwartzenterprisesinc.com] Sent: Saturday, November 28, 2009 12:08 PM To: Jim Wahlstrom Cc: Ilene Grossbard; patrick @scaplanning,com; bwoodin @silvertreehotel.com Subject: 300 Snowmass Circle Application before Town Council Jim- My wife and I are owners of unit 1631 in the Villas at the Snowmass Club. Please accept this email as our support for the revised application submitted for the property- 300 Snowmass Club Circle - by Bear Realty that we understand is coming before the Town Council in early December. We feel that the revised plan is in keeping with the character of the neighborhood and will be an asset to the community. Please feel free to contact me if you have any questions. Best, Barry H. Schwartz Owner- Villas at the Snowmass Club, Unit 1631 Barry H. Schwartz Schwartz Enterprises, Inc. Barry n,SchwarizEnterpriseslnc.com 703-868-2224 office 703-620-4909 fax t MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: December 7, 2009 SUBJECT: DISCUSSION & FIRST READING — ORDINANCE NO. 11, SERIES OF 2009 STONEBRIDGE CONDOMINIUMS MINOR PUD AMENDMENT Applicant: Stonebridge Condominium Association, Inc. Planner:Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Stonebridge Condominium Association, Inc. ("Applicant") has submitted a Minor PUD Amendment application concerning a proposed renovation of the Stonebridge Condominiums. The proposal seeks to demolish the existing pool building that contains a work-out area, mechanical room and one (1) 2-bedroom employee unit and then construct a new pool building with a fitness area, men's and women's changing areas, massage rooms and two (2) 2-bedroom employee units on the floor above. Other elements of the redevelopment plan include: a new ski storage room, pool patio area improvements, covered outdoor stairs and a walk/stairway linkage to Base Village. Please refer to the Minor PUD Amendment Application (3-Ring Binder 8-1/2" x 11") placed in your council boxes. A copy is available for public viewing at the Planning Department. Action Requested: To review the project scope, redevelopment plans, architecture and other details of the proposal and to consider granting first reading approval, modify or deny first reading of the enclosed ordinance. The Applicant will be available to provide an overview the project and respond to questions. Staff will provide comments and the Town Council may then consider the enclosed ordinance. The Public Hearing and 2"' reading are tentatively scheduled for December 21. 2. BACKGROUND: The entire site contains approximately 3.43 acres and is currently zoned Multi-family Residential (MF). Stonebridge includes ninety (90) stacked condominiums with a mix of 1, 2, 3 and 4-bedroom free-market units contained within four(4) buildings. There are a total of 192 bedrooms in the free-market condos with 98 on-site parking spaces. The current development also includes a 1,937 square foot, 2-story pool building that contains a workout area, mechanical space and one (1), 2-bedroom non deed-restricted employee unit on the upper level; this building is located in the common open space area between the 600 Building on the east and the 700 Building to the west. The Stonebridge Condominium Buildings I-IV were condominiumized December 23, 1969 prior to the incorporation of the Town. A Minor Planned Unit Development (PUD) Final Plan that included rezoning to Multi-family Residential (MF) from Specially Planned Area (SPA-1) and approval for the Stonebridge Condominiums entry area, parking deck and administrative office modifications was approved by Town Council as Ordinance No. 11, Series of 2003. The Comprehensive Plan Buildout Chart identifies Stonebridge as having 91 units and a future buildout potential of 102 units. This Minor PUD Amendment does not affect the Buildout Chart since there are no new free-market units being proposed. 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended approval at their July 15, 2009 meeting. Please refer to Resolution No. 13, Series of 2009, included as Attachment 1 of this packet. 4. APPLICABLE REGULATIONS. Municipal Code review criteria, which regulate the review and approval of Minor PUD Amendment applications, include the Review Standards listed in 16A-5-390(3), Review Standards, which requires compliance with the General Restrictions outlined in Section 16A-5-300(c) and the Review Standards listed in 16A-5-310, which also includes reference to Article IV, Development Evaluation Standards, of the Land Use and Development Code. The proposal is being processed as Minor Amendment of a Final PUD as it has been determined to be an "Additions/Redevelopment" that: a) adds less than six (6) dwelling/hotel/lodge or other residential units; and b) does not increase the existing floor area or footprint of a non-residential building by no more than ten percent (10%). These findings are based upon a determination that the existing pool building is classified as a mixed-use" versus "non-residential" building since it contains a 2-bedroom employee unit; and that the ski storage building is new construction and excluded from floor area calculations as being appurtenant storage for the multi-family units. S. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS: The major items for discussion include: a. Pool Building/Fitness Center: The Applicant must demonstrate that the size, mass and scale of the proposed pool building will be appropriate for the site location and consistent with the original PUD. The proposal will expand the total size of the building from 1,937 square feet to 4,574 square feet, being an increase of 2,637 square feet. 1,065 square feet of the existing building is utilized as a non-restricted two bedroom employee unit. The height is proposed to be increased from 10'-4" for the existing flat roof pool building to a maximum height of 28'-4" for the redeveloped pool building accessory building. Planning Commission Recommendation: The Planning Commission believed that a height variation would be required and recommended approval as the height variation was determined necessary in order to provide the employee housing and provide better architectural by providing a sloped roof. Technically, variation approval is not necessary as the 28'-4" height is far less than the 38 feet permitted by the underlying MF zone district. Staff Recommendation: The new fitness center and lockers will be shared with guests of the Stonebridge Irin and the expansion could be considered fairly reasonable. The proposed height is not excessive considering that the adjacent Stonebridge Condominium buildings are approximately 52 feet tall and 4 stories in height. The increase should be considered as to whether the surrounding properties 2 would be adversely affected and height poles could be requested for Town Council site review prior to second reading. b. Employee Units: The application proposes replacing the existing, 2-bedroom, 1,065 sf unrestricted employee unit with two 2-bedroom, 866 square foot employee units that will be deed-restricted to working employees. The mitigation housing requirement for the redevelopment is more than provided for. Planning Commission Recommendation: Recommended approval. Staff Recommendation: The deed restriction should provide that the employee units may be rented first priority to employees of the Applicant with second priority going to others pursuant to the Town housing guidelines. c. Ski Storage Room: The Applicant is proposing a central ski storage area as being more functional than having ski storage lockers at each of the four(4) buildings. Planning Commission Recommendation: Recommended approval. Staff Recommendation:=The proposed 275 square foot ski storage area appears to be well-sited and integrated into Building 600. The ski storage facility should not be available for seasonal use/rental by non-condominium owners/guests. d. Architecture: The Applicant needs to demonstrate that the new pool/fitness center and ski storage buildings will be well-integrated into the existing development. Planning Commission Recommendation: Recommended approval. Staff Recommendation: The proposed building materials, details and colors are compatible with those found within the existing and adjoining properties. e. Parking: The Town Council needs to be comfortable that there will be an adequate supply of parking for owners/guests, staff and employee units. The proposal provides one space per existing condominium unit (90 spaces) with six spaces for staff and one space for each employee unit. As you are aware, the Land Use Code requires one space per bedroom for free market units and 1.5 spaces per bedroom for employee housing. Planning Commission Recommendation: Recommended approval of the 98 off- street parking spaces that currently exist provided a parking management plan be developed. Staff Recommendation: The Land Use Code permits a reduction in parking provided it is sufficiently shown that alternatives to automobile usage exist. One space per condominium unit has historically been shown to be sufficient for this project and no additional free market units are being created. One employee unit currently exists so the net residential increase is one 2-bedroom employee unit. The deed restriction for each new unit should provide that only one vehicle is permitted per unit. 3 f. Pedestrian Linkage to Base Village: It was identified during the Base Village PUD that a pedestrian connection should occur linking Base Village with the Benedict Trail. The Applicant has proposed a sidewalk connection to the Fanny Hill and has agreed to construct a stairway and trail connection to Building 1 in Base Village. It is believed that an agreement can be reached with the Lichenhearth Condominiums permitting a trail easement across their common area (as shown in Exhibit "A" of the Ordinance) connecting the Stonebridge sidewalk extension.to the Base Village stairs. Details have not yet been finalized and further information will be provided by staff at the meeting. Planning Commission Recommendation: The Planning Commission did not provide specific comments regarding this item. Staff Recommendation: Staff will provide comments at the meeting. g. Consistency with Applicable Review Standards. The Applicant must satisfactorily demonstrate that the proposed modifications are consistent with the following Review Standards: An application for a minor amendment to a final PUD shall comply with the following standards: a. Consistent with original PUD. The proposed amendment shall be consistent with, or an enhancement of, the original PUD approval. b. No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply with the other applicable standards of this Division 3, Planned Unit Development, including but not limited to Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. ATTACHMENT:1) Planning Commission Resolution No. 13, Series of 2009. HANDOUTS: 1) Stonebridge Condominiums 3 ring application notebook dated June, 2009. 4 ATTACHMENT 1 TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION NO. 13 SERIES OF 2009 A RESOLUTION TO THE SNOWMASS VILLAGE TOWN COUNCIL WITH RECOMMENDATIONS CONCERNING THE STONEBRIDGE CONDOMINIUMS APPLICATION FOR A MINOR AMENDMENT TO A FINAL PLANNED UNIT DEVELOPMENT (PUD). WHEREAS, the Stonebridge Condominium Association, Inc. ("Applicant') submitted an application for a Minor Amendment to a Final Planned Unit Development (PUD) to the Planning Department on December 11, 2008; and WHEREAS, the Applicant amended the application and resubmitted it to the Planning Department on February 11 , 2009; and WHEREAS, the Planning Department deemed the application complete for review purposes pursuant to Municipal Code Section 16A-5-50; and WHEREAS, Planning Department Staff prepared Memorandums outlining the scope of the project and review process and distributed them to Planning Commission members on February 18, 2009; and WHEREAS, Planning Commission reviewed the amended land use application, considered direction by Town Staff and received public comment at a regular meeting on July 15, 2009. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One: General Findings. The Planning Commission finds that: 1) Submission: Applicant has submitted the Minor Planned Unit Development PUD) Preliminary Plan application, in accordance with the provisions set forth in Section 16A-5-300(b)(1) Major or minor PUD of the Municipal Code. Supplemental information and materials were provided during the review process to comply with application submission requirements and to respond to Planning Commission, Town Staff and the public. 2) Content: The application contained the Minimum Contents as required by Municipal Code Section 16A-5-40, Section 16A-5-340(c)(2)b. Preliminary development plan and included written and graphic materials of sufficient detail that the application was deemed complete for review. PC Reso 09-13 Page 2 3) Public Process: Planning Commission held two (2) public meetings, February 18, 2009 and July 15, 2009, to review the land use application and to formulate its recommendations to Town Council in accordance with the responsibilities and procedures prescribed in the Municipal Code. There were no public comments or inquiries concerning this proposal. 4) Municipal Code Requirements: Subject to the recommendations in Section Three of this Resolution, a majority of the Commissioners found that the land use application was in compliance with the Review Standards established in the following Sections of the Municipal Code: a) Table 5-3 Criteria for Classifying PUDs, meets criteria as a Minor PUD; b) Section 16A-5-300(c), General Restrictions, yet exceeds the following restrictions: (c)(5) Dimensional limitations, (a) Maximum allowable height for accessory buildings and (e) Minimum setbacks; c) Section 16A-5-300(c)(6) Community purposes for PUDs, a. Provision of restricted housing, (d) Encourage better design, and e. Develop necessary public facilities; d) Section 16A-4-310 Off-street parking standards; e) Section 16A-5-310 Review standards; and f) Section 16A-5-390(3) Review Standards Section Two: Action. In accordance with the findings stated in Section One of this Resolution, the Planning Commission recommends that Town Council approve the Minor Amendment to the Final Planned Unit Development(PUD) for the Stonebridge Condominiums, subject to the recommendations outlined below in Section Three of this Resolution. Section Three: Recommendations. Planning Commission makes the following recommendations to Town Council for consideration in their review and action regarding the Stonebridge Condominiums project: A. Minor Amendment to the Final PUD Plan 1. Approval of the overall site plan: proposed building locations and parking layout. The project will include a total of 92 units, 90 free-market units in Buildings 600, 700, 800, 900 and 2-employee units in the Pool Building. 2. Approval of the proposed mass, scale and height of the new Pool/fitness building containing a work-out area, men's/women's lockers, massage rooms, mechanical space, storage areas and (2)2-bedroom employee units. 3. Approval of the proposed 275 square foot ski storage area adjoining the 600 Building within the Stonebridge Condominium property. PC Reso 09-13 Page 3 4. Approval of the proposed exterior renovation in terms of the overall architectural character, building materials and construction details. 5. Approval of the proposed walkways, covered stairways, site grading and landscaping. 6. Approval of the parking layout containing a total of 98 spaces; 90 unit owner parking spaces and 8 employee/staff parking spaces. B. General Restrictions 1. GreaterBuildout:The Buildout Chart identifies the potential for eleven (11) future unit equivalents. While this Minor Amendment does not include any new free-market units, the proposal achieves one or more Community Purposes, specifically: a) the provision of restricted housing; b) encourages better design; and c) develops necessary public facilities, pathways with safe pedestrian connections. 2. Dimensional Limitations: Approval of a height variation of 10'-4" to a maximum height of 28'-4" for the redeveloped Pool Building; and it may not be modified and/or expanded without further approval by the Town. Approval of a setback variation for the platted setbacks to accommodate pedestrian walkways and linkages to adjacent properties. It is recommended that Town Council grant the variation requests since the proposed Minor PUD achieves one or more Community Purposes, specifically: a) the provision of restricted housing; b) encourages better design; and c) develops necessary public facilities. It is also recommended that the Final Plan dimensional limitations be updated and recorded to accurately reflect this Minor Amendment. 3. Restricted Housing: Approval to replace the existing, 2-bedroom, 1,065 sf employee unit with (2) new, deed restricted, 2-bedroom, 866 sf units for a toal of 1,732 square feet located on the second floor within the redeveloped Pool/fitness Building. 4. Required Parking: Approval of the 98 off-street parking spaces that currently exist. The existing supply of 1 space/free-market unit and 8 spaces for employees/staff is maintained yet does not meet the minimum off-street parking requirements as set forth in Table 4-3 of the Municipal Code. Due to a minimum supply of on-site parking, a Parking Management Plan should be developed and implemented to ensure the proper usage of the parking supply by owners and guests. PC Reso 09-13 Page 4 INTRODUCED, READ AND APPROVED AS AMENDED by the Planning Commission of the Town of Snowmass Village on July 15, 2009 upon a motion by Planning Commission Member Doug Faurer, the second of Planning Commission Member Jim Gustafson, and a vote of 6 in favor and 0 against. Planning Commission Member Tom Yocum was absent. TOWN OF SNOWMASS VILLAGE INING COMMISSI N Do Crouch, Acting C airman ATTEST: Krist Holliday, Planning 19ommission Secretary TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 11 SERIES OF 2009 AN ORDINANCE CONCERNING THE STONEBRIDGE CONDOMINIUMS APPLICATION FOR A MINOR AMENDMENT TO A FINAL PLANNED UNIT DEVELOPMENT (PUD). WHEREAS, the Stonebridge Condominium Association, Inc. ("Applicant")submitted an application for a Minor Amendment to a Final Planned Unit Development (PUD) to the Planning Department on December 11, 2008; and WHEREAS, the Applicant amended the application and resubmitted it to the Planning Department on February 11, 2009; and WHEREAS, the Planning Department deemed the application complete for review purposes pursuant to Municipal Code Section 16A-5-50; and WHEREAS, Planning Commission reviewed the amended land use application, considered direction by Town Staff and received public comment at a regular meeting on July 15, 2009; and WHEREAS, Planning Commission Resolution No. 13, Series of •2009, was unanimously adopted at said meeting providing the Planning Commission recommendations regarding the application; and WHEREAS,the Applicant provided a presentation to the Town Council concerning the application at their December 7, 2009 meeting; and WHEREAS, the Town Council reviewed the application and granted first reading approval of this Ordinance; and WHEREAS, on December 21, 2009, the Town Council conducted a public hearing, conducted further review of the application and heard the recommendations of the Town Staff as well as the public comments; and WHEREAS, said request was considered by the Town Council pursuant to Section 16A-5-390 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Section One: General Findings. The Town Council finds that: 1) Submission: Applicant has submitted the Minor Planned Unit Development(PUD) Preliminary Plan application, in accordance with the provisions set forth in Section 16A-5-300(b)(1) Major or minor PUD of the Municipal Code: Supplemental information and materials were provided during the review process to comply with application submission requirements and to respond to Planning Commission,Town Staff and the public. TC Ord. 09-11 Page 2 of 4 2) Content: The application contained the Minimum Contents as required by Municipal Code Section 16A-5-40 Submission of application, Section 16A-5-390 Amendment of final PUD plan and included written and graphic materials of sufficient detail that the application was deemed complete for review. 3) Public Process: The Planning Commission held two (2) public meetings, February 18, 2009 and July 15, 2009, to review the land use application and to formulate its recommendations to Town Council in accordance with the responsibilities and procedures prescribed in the Municipal Code. There were no public comments or inquiries concerning this proposal. The Town Council conducted their public hearing and all public notification requirements were satisfied in accordance with Section 16A-5-60 of the Snowmass Village Municipal Code. 4) Municipal Code Requirements: Subject to the conditions in Section Three of this Ordinance, Town Council found that the land use application (was/was not) in compliance with the Review Standards established in the following Sections of the Municipal Code: a) Table 5-3 Criteria for Classifying PUDs, meets criteria as a Minor PUD; b) Section 16A-5-300(c), General Restrictions,yet exceeds the following restrictions: c)(5) Dimensional limitations, (a) Maximum allowable height for accessory buildings and (e) Minimum setbacks; c) Section 16A-5-300(c)(6)Community purposes for PUDs, a. Provision of restricted housing, (d) Encourage better design, and e. Develop necessary public facilities; d) Section 16A-4-310 Off-street parking standards; e) Section 16A-5-310 Review standards; and f) Section 16A-5-390(3) Review Standards Section Two: Action. In accordance with the findings stated in Section One of this Ordinance, Town Council (approves/approves with conditions or denies) the Minor Amendment to the Final Planned Unit Development (PUD) for the Stonebridge Condominiums, subject to the conditions outlined in Section Three below. More specifically, the approval concerns the following: A. Minor Amendment to the Final PUD Plan 1. Approval of the overall site plan: proposed building locations and parking layout. The project will include a total of 92 units, 90 free-market units in Buildings 600, 700, 800, 900 and 2-employee units in the Pool Building. 2. Approval of the proposed mass, scale and height of the new Pool/fitness building containing a work-out area, men's/wbmen's lockers, massage rooms, mechanical space, storage areas and (2)2-bedroom employee units. TC Ord. 09-11 Page 3 of 4 3. Approval of the proposed 275 square foot ski storage area adjoining the 600 Building within the Stonebridge Condominium property. 4. Approval of the proposed exterior renovation in terms of the overall architectural character, building materials and construction details. 5. Approval of the proposed walkways, covered stairways, site grading and landscaping. 6. Approval of the parking layout containing a total of 98 spaces;90 unit owner parking spaces and 8 employee/staff parking spaces. 7. Approval of a maximum height of 28'-4" for the redeveloped Pool Building. 8. Approval to replace the existing, 2-bedroom, 1,065 sf employee unit with (2) new, deed restricted, 2-bedroom, 866 sf units for a total of 1,732 square feet located on the second floor within the redeveloped Pool/fitness Building. 9. Approval of the 98 off-street parking spaces that currently exist. The existing supply of 1 space/free-market unit and 8 spaces for employees/staff is to be maintained with 1 space for each employee unit to be provided. Section Three: Conditions. Town Council approves the Stonebridge Condominium Minor Amendment of the Final PUD with the following conditions: 1. The employee housing deed restriction shall provide that the employee units may be rented first priority to employees of the Applicant with second priority going to others pursuant to the Town housing guidelines. 2. The deed restriction shall state that the occupants of the employee housing units shall be limited to one vehicle per unit. 3. The Applicant shall submit said restriction in a form acceptable to the Town Attorney and Planning Director for recording, at Applicant's expense, in the records of the Pitkin County Clerk and Recorder. 4. The Applicant shall install the stairs and construct a "crushed fines" surface trails connection between the subject property and Base Village, as shown on Exhibit"A", prior to final zoning inspection approval of the improvements authorized pursuant to this Ordinance. Said requirement shall be subject to the Town obtaining an easement for said trail connection through Lichenhearth Condominiums property. Section Four: Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. TC Ord. 09-11 Page 4 of 4 INTRODUCED, READ AND APPROVED at First Reading by the Town Council of the Town of Snowmass Village on December 7, 2009 upon a motion by Council Member the second of Council Member and a vote of_ in favor and _against. INTRODUCED, READ AND ADOPTED at Second Reading by the Town Council of the Town of Snowmass Village on December 21, 2009 upon a motion by Council Member the second of Council Member and a vote of_in favor and_against. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL Bill Boineau, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney I I I BUILDING F_._ _ r.. 2 vw AIR 5 ON I i I1p TOO qT I'. 11LDING I a 3 m 6UILDIfi6 S 90o i m BUILDING I I o r NOV 11 1009 Sfty s Slo f. OnernmiN OevelaWaem VILLAGE ST0NE0RIDGE GpNLb1 IWA1M5 LK. HFnHFPRTH 1 MEMORANDUM TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RHONDA B. COXON, TOWN CLERK DATE: DECEMBER 7, 2009 SUBJECT: RESOLUTION NO. 33, SERIES OF 2009 — ESTABLISHING DATES FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOR THE MONTHS OF JANUARY 2010 THROUGH DECEMBER 2010 I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: TO ESTABLISH MEETING DATES FOR THE SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETINGS FOR THE 2010 CALENDAR YEAR. II.STAFF RECOMMENDATION APPROVE, MODIFY OR DENY RESOLUTION NO. 33, SERIES OF 2009 Attachments: Resolution No. 33, Series of 2009 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 33 SERIES OF 2009 A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN COUNCIL FOR THE MONTHS OF JANUARY 2010 THROUGH DECEMBER 2010 WHEREAS, Section 2-46 of the Municipal Code states Regular Meetings of the Town Council will occur the first and third Monday of each month; and WHEREAS, due to Martin Luther King, Jr. Day occurring on Monday, January 18, 2010 , the third Monday of the month, which Town Council hereby recognizes as a holiday observed by the Town of Snowmass Village and establishes Tuesday, January 19, 2010 as the second Meeting of the month; and WHEREAS, due to President's Day occurring on Monday, February 15, 2010, the third Monday of the month, which Town Council hereby recognizes as a holiday observed by the Town of Snowmass Village and establishes Tuesday, February 16, 2010 as the second Meeting of the month; and WHEREAS, due to July 4t" Holiday occurring on Monday, July 5, 2010, the first Monday of the month, which Town Council hereby recognizes as a holiday observed by the Town of Snowmass Village and establishes Tuesday, July 6 the first meeting of the month; and WHEREAS, The Town Council may by Resolution, change the date for a regular meeting; and WHEREAS, the Snowmass Village Town Council has agreed that it is necessary to establish two Regular Meeting dates for the months of January 2010 through December 2010; and NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of January 2010 are set as follows: January, 2010 January 4, 2010 January 19', 2010 Section Two: Meeting Dates Res 09-33 Page 2 of 4 Regular Snowmass Village Town Council meeting dates for the month of February 2010 are set as follows: February, 2010 February 1, 2010 February 16, 2010 Section Three: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of March 2010 are set as follows: March, 2010 March 1, 2010 March 15, 2010 Section Four: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of April 2010 are set as follows: April, 2010 April 5, 2010 April 19, 2010 Section Five: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of May 2010 are set as follows: May, 2010 May 3, 2010 May 17, 2010 Section Six: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of June 2010 are set as follows: June, 2010 June 7, 2010 June 19, 2010 Section Seven: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of July 2010 are set as follows: Res 09-33 Page 3 of 4 July, 2010 July 6, 2010 July 20, 2010 Section Eight: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of August 2010 are set as follows: August, 2010 August 2, 2010 August 16, 2010 Section Nine: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of September 2010 are set as follows: September, 2010 September 7, 2010 September 20, 2010 Section Ten: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of October 2010 are set as follows: October, 2010 October 4, 2010 October 18, 2010 Section Eleven: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of November 2010 are set as follows: November, 2010 November 1, 2010 November 15, 2010 Section Twelve: Meeting Dates Regular Snowmass Village Town Council meeting dates for the month of December 2010 are set as follows: December, 2010 December 6, 2010 December 20, 2010 Res 09-33 Page 4 of 4 Section Thirteen: Severabilitv 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 ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 7`" day of December 2009 upon a motion made by Council Member seconded by Council Member and by a vote of in favor and _opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM John C. Dresser Jr., Town Attorney MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: December 7, 2009 SUBJECT: Extension of Development Moratorium I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Second Reading of an Ordinance extending the moratorium for six months to June 30, 2010. 11. 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 Second Reading December 7, 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. 1 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 Butler, the second of Council Member 79 Wilkinson, and upon a vote of five (5) in favor and none (0) opposed. 80 81 INTRODUCED, READ, APPROVED AND ADOPTED, on Second Reading by 82 the Town Council of the Town of Snowmass Village on December 7, 2009 upon 83 a motion by Council Member the second of Council Member 84 and upon a vote of_ in favor and _ opposed. 85 86 TOWN OF SNOWMASS VILLAGE 87 88 89 90 Bill Boineau, Mayor 91 92 2 93 ATTEST: 94 95 96 97 Rhonda B. Coxon, Town Clerk 98 99 100 101 APPROVED AS TO FORM: 102 103 104 105 106 John C. Dresser, Jr., Town Attorney 107 3 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: DECEMBER 7, 2009 C.O.R.E. Representative Staff has been representing the Town on the C.O.R.E. Board. The Town is now a dues paying member of C.O.R.E.. The previous staff representative is no longer employed by the Town. C.O.R.E. is requesting an elected official on their board. If a Council member is not available for the Board staff could continue to fill that position. In addition, the chair of the Environmental Advisory Board (EAC) has offered (with the Boards support) to serve on the C.O.R.E. board. Comprehensive Plan Meetings for the Week of June 70' People that have participated in the Comprehensive Plan and given their emails to the Town will be invited to comment online and to participate in the following open houses at the Town Hall. December 91"-Open House 4:30-6:00 December 1&—Open House Noon—2:00 Staff will also advertise these meetings in the paper. Up until December 14", the Town will be taking additional feedback on the plan. The Plan has also gone through a technical edit. Pending Strategic Actions Last Updated- December 1, 2009 Staff Action Status Date to follow-up w/ Contact 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 at completed and then sent to Winton for mentioned above. production. Next date Council will see the plan is December 21, 2009 John Dresser Demolition Council asked that an ordinance be prepared December 21, 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 Council directed on several ordinance examples available for this date to take no Council. Trees on single-family lots are further action on this protected through the Snowmass HOA, which topic. 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 1h 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 policy. The Planning 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. Finance Marianne Credit Card Provide options and implications for allowing January, 2010 Usage customers to use credit cards for all TOSV functions. Other Hunt Soccer Field Council asked staff to work with the Nordic December 2009 lighting for Nordic Council to see if the Nordic Council at their Skiing cost could provide lighting that meets the Town Code to support night time skiing Russ and Negotiate access Direction has been provided to staff to John easement for negotiate for an easement. Skittles Mark Kittle Remodels Council asked on 11/16 for the Chief Building March 2010 triggering Official to bring back options for requiring the sprinkling sprinkling of buildings with a remodel. Staff was asked to research options and what other communities have done on this issue. This came up with the Building Code update. Susan and JAS Work with JAS and develop three options December 7, 2009 Russ 1) Determine the implications and benefits of JAS moving to Buttermilk 2) Develop options including purchasing tickets to improve financial support of JAS staying in Snowmass 3) Do nothing. They don't have a viable alternative 7 1 Draft SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING DECEMBER 21, 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 THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD ON PROPOSED REVISED BUDGET FOR MARKETING AND SPECAIL EVENTS Time: 60 minutes) Russ Forrest Item No. 3: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 4: COUNCIL UPDATES Item No. 5: UPDATE FROM ASPEN SKIING COMPANY ON SUMMER OPERATIONS Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Aspen Skiing Company Item No. 6: ARTS ADVISORY BOARD — TOWN HALL ART PROJECT UPDATE Time 15 minutes) ACTION REQUESTED OF COUNCIL: Receive input and comment. Lisa Vogel Item No. 7: CONTINUATION OF PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 18, SERIES OF 2009 Time 60 minutes) A REZONING TO "MULTI-FAMILY" (MF), AND REVISED MINOR PRELIMINARY PLANNED UNIT DEVELOPMENT AND AMENDMENT REGARDING THE PROPOSED SNOWMASS CLUB CIRCLE DEVELOPMENT PROJECT INVOLVING A TWO- FAMILY DWELLING ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 18, Series of 2009 12-21-09 Page 2 of 3 Jim Wahlstrom Item No. 9: DISCUSSION ON PROPOSED CHANGE TO USE TO PARCEL D EAST VILLAGE Chris Conrad Item No. 10 PUBLIC HEARING AND SECOND READING - ORDINANCE NO. 11. SERIES OF 2009 Time: 15 minutes) APPROVING MINOR PUD AMENDMENT FOR STONEBRIDGE CONDOMINIUMS. PUBLIC COMMENT ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 11, Series of 2009 Chris Conrad Item No. 11: FIRST READING — ORDINANCE NO. 22, SERIES OF 2009 COMPREHENSIVE PLAN Time:15 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny First reading of Ordinance No. 22, Series of 2009 Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, David Peckler) Page (TAB --) Item No. 12: MANAGER'S REPORT Time: 10 minutes) 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 meetina: Approximately 4 hours excluding items 1, 3, 4 and 12 —16) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE 12-21-09 Page 3 of 3 OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, OCTOBER 5, 2009 CALL TO ORDER AT 400 P.M. Mayor Bill Boineau called to order the Regular Meeting of the Snowmass Village Town Council on October 5, 2009 at 4:03 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. COUNCIL MEMBERS ABSENT: All council members were present. PUBLIC PRESENT: None. STAFF PRESENT:Russ Forrest, Town Manager, Hunt Walker, Public Works Director, John Dresser, Town Attorney, Rhonda B. Coxon, Town Clerk, and Jason Haber, Economic Resource Director Item No. 2 PUBLIC NON-AGENDA ITEMS There were no Public Non-Agenda items. Item No. 3 COUNCIL UPDATES NWCOG Council Member Wilkinson noted he attended a Northwest Council of Government meeting last week and the Town of Snowmass Village is not a member. He feels we should continue to attend and possibly become a member at some point. Item No. 4 RESOLUTION NO. 14, SERIES OF 2009 - SNOWMASS CHAPEL Senior Planner Jim Wahlstrom stated the purpose and action of this meeting would be to approve, modify or deny the attached exemptions' resolution for the proposed land exchanges and lot line adjustment. Bill Boineau made the motion to approve Resolution No. 14, Series of 2009, Snowmass Chapel. Markey Butler seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. 10-05-09tc Minutes Page 2 of 9 Voting Aye: John Wilkinson, Markey Butler, and Bill Boineau. Voting Naye: and Reed Lewis. Item No. 5 CONTINUATION OF PUBLIC HEARING AND RESOLUTION NO. 15, SERIES OF 2009 - SNOWMASS CHAPEL At 4:09 p.m. Mayor Boineau opened the continued Public Hearing for Public Comment Senior Planner Jim Wahlstrom stated the purpose of this meeting is to approve, modify, or deny the attached re-subdivision plat resolution to create a modified lot and perimeter boundary arrangements for the existing and proposed development together with new and replacement easements. John Wilkinson made the motion to approve Resolution No. 15, Series of 2009, final re- plat of Snowmass Chapel. Markey Butler seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. Voting Aye: John Wilkinson, Markey Butler;and Bill Boineau . Voting Naye: and Reed Lewis. Item No. 6 RESOLUTIO NO 24, SERIES OF 2009 - TOWN OF SNOWMASS VILLAGE ASPEN SCHOOL DISTRICT IGA/EMPLOYEE HOUSING PROJECT Town Attorney John Dresser explained that in November of 2008, the voters of Pitkin County approved a ballot initiative to fund affordable housing for Aspen School District employees. In the summer of 2009 the School District acquired a site adjacent to Anderson Ranch and Fairway III on Owl Creek Road for the purpose of building an affordable housing project for District employees. After reviewing the Town's development review process, the District indicated that they would not go through the Town's land use review process but would rather follow the process outlined in the Colorado State Statute C.R.S. Section 22-32-110 and 124. Under this statute the School District has the authority to acquire land and construct necessary buildings and structures. After several discussions between the Town Council and the Aspen School District, the two parties agreed to the concept of developing an Inter-governmental Agreement (IGA) to allow the Town to review and comment on the proposed project. He stated the purpose for the IGA is to define a process for reviewing and commenting on the proposed Aspen School District's affordable housing project on Owl Creek Road. The Town Council is requested to approve or reject the proposed IGA. Dresser reviewed the process for the Town Council. 10-05-09tc Minutes Page 3 of 9 Town Council consensus was to have the language "deed restricted housing" somewhere in the Resolution before they would be comfortable in entering into an IGA with the Aspen School District. Mel Blumenthal spoke as a representative of the Part Time Residents Board. He read a letter submitted to the Snowmass Village Planning Commission and it was published in the Snowmass Sun. The substance of the letter was requesting that the Town Council reject the exemption. Speaking on behalf of himself he believes the elephant in the room is the "Deed Restriction" and he feels it is very important for the Town to exercise all of our legal rights to keep this project a "Deed Restriction" project within the Town of Snowmass Village. Fred Pierce a member of the School Board stated that the IGA should be about the process not the restrictions. Julie Ann Woods representing the Aspen School District stated that this project is not mitigation housing and the School District is not required to build this project. Dr. Sirko the School District Superintendant stated they are not developers and that you trust us with your children and hopefully you can trust us with building 15 units and are asking for the same respect back from the Town Council." Mel Blumenthal stated he feels both parties need to talk about the process before entering into any agreement. At 5:20 p.m. Arnold Mordkin made the motion to enter closed session to obtain legal advice from the Town Attorney. Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, Markey Butler, and Bill Boineau . Voting Naye: None. Mayor Boineau read the required Executive Session Language to enter into Executive Session. At 5:45 p.m. Reed Lewis made the motion to approve reconvening to the Regular Meeting of the Snowmass Village Town Council on October 5, 2009. Markey Butler seconded the 10-05-09tc Minutes Page 4 of 9 motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, Markey Butler, and Bill Boineau. Voting Naye: None. Laura Kornasiewicz, member of the Board of the Aspen School Board, stated that the School Board is trying to act responsibly in terms of language for future use and not tie hands of future boards, she feels there is room for compromising language. Council Member Mordkin said the IGA as written cannot be accepted until there is a clear definition of deed restriction. Fred Pierce, member of the Aspen School District Board, encouraged Town Council to move forward to the joint meeting with the Planning Commission. Arnold Mordkin made the motion to table to later in this meeting agenda which will be continued to Wednesday meeting October 7, 2009 to allow time for amending the language. Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, Markey Butler, and Bill Boineau. Voting Naye: None. Town Council took a break at this time. Item No. 7 JOINT MEETING SNOWMASS VILLAGE TOWN COUNCIL AND PLANNING COMMISSION TO REVIEW THE PROPOSED ASPEN SCHOOL DISTRICT HOUSING PROJECT This item was cancelled due to the tabling of the IGA with the Aspen School District. Item No. 8 CONTINUATION OF PUBLIC HEARING - SNOWMASS CLUB EMPLOYEE HOUSING At 6:20 p.m. Mayor Boineau opened the continuation of the Public Hearing. Senior Planner Jim Wahlstrom noted the purpose of this meeting is to review the applicant's replies and proposed options received September 15, 2009 concerning the ownership, operation and usage of housing credits in response to the Town Council concerns and comments expressed at the August 17, 2009 meeting. 10-05-09tc Minutes Page 5 of 9 Don Schuster from the Aspen Skiing Company reviewed the application in summary for the benefit of Council Member Butler and Council Member Mordkin. After a lengthy discussion the Town Council preferred option two and provided areas of concern they have which include deed restriction, parking and employee housing credits. At this time Mayor Boineau continued the Public Hearing to the Regular Town Council Meeting on November 2, 2009. Item No. 9 FIRST READING - ORDINANCE NO. 8. SERIES OF 2009 Chief of Police Art Smythe stated that in conjunction with a re-codification process being performed by the Town Clerk's office, the Police Department recently conducted a review of the chapters in the Municipal Code that related to the Police Department operational responsibility. After completing this review, which included input from the officers, it was determined that some changes and additions to the chapters dealing with General Offences and Animal Regulation would be appropriate and we are submitting these for review and approval. He noted adoption of this Ordinance will enhance the Code's compatibility with operational practices and allow for the local enforcement of certain offences that are of local concern. Town Council reviewed the ordinance and commented on a few areas of concern including abandonment of motor vehicles, regulations regarding peddler, solicitors, transient merchants and posting of handbills and the assault prohibited section. Arnold Mordkin made the motion to approve as amended Ordinance No. 8, Series of 2009 General Offences. Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, Markey Butler, and Bill Boineau. Voting Naye: None. Item No. 10 RESOLUTION NO. 25, SERIES OF 2009 - SUBSTANCE ABUSE POLICY FOR EMPLOYEES Transit Manager David Peckler noted that there must be a formal adoption of a substance abuse policy by the governing board to receive Federal Transit Administration (FTA) funds. He noted that the Town's current substance abuse policy needs to be amended to include updates to the testing guidelines. Given that the Town has applied for and received FTA funding, our policy with the amendments needs to be approved by Town Council. 10-05-09tc Minutes Page 6 of 9 Reed Lewis made the motion to approve Resolution No. 25, Series of 2009 Substance Abuse Policy for Employees. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Mayor Bill Boineau, and Markey Butler. Voting Naye: None. Item No. 11 COMPREHENSIVE PLAN Town Council consensus was to continue this discussion to the Special Town Council Meeting scheduled for October 26, 2009 and review final edits. Item No. 12 ENVIRONMENTAL ADVISORY COMMITTEE BIANNUAL STATUS REPORT AND 2009 RENEWABLE ENERGY OFFSET PROGRAM FUNDING REQUEST Economic Resource Director Jason Haber stated that on February 2, 2009 Town Council accepted the Snowmass Village Environmental Sustainability Plan and directed staff to convene an advisory group to assist in the Plan's implementation. The Snowmass Village Environmental Advisory Committee (EAC) formed in March 2009, and has been meeting twice a month since that time. Over the last six months, the Committee has focused its efforts on accomplishing the fifteen (15) initiatives identified in the 2009 Environmental Implementation Plan which is included in today's packet. As suggested in the Implementation Plan, the EAC is now presenting the first of its biannual status reports to Council. He noted that in addition to the EAC status report the Town Council is being asked to consider a $26,000 REOP funding request, based upon the recommendations of the EAC. The REOP fund has a current balance of$32,691 which has been generated through the payment of in-lieu fee made pursuant to the regulations of Ordinance No. 11, Series of 2008, Building Efficiency Standards and Renewable energy Offset Program (REOP). Consistent with the REOP Fund Spending Protocols adopted under Resolution No. 27, Series of 2008, Town staff and the EAC are requesting that Council authorize expenditures to cover four(4) distinct items that support the goals and implementation measures outlined in the Town's Environmental Sustainability Plan. Town Council discussed items of concerns including the costs associated to organize a "green special event" and paperless packet for Town Council. EAC member Robin Riggs spoke to the countless hours of research done by this volunteer committee. The EAC feels the way to proceed at this time is to proceed with the energy audits. Markey Butler made the motion to approve the spending of$26,000 from the REOP fund for a renewable energy evaluation and energy audit of several Town facilities. 10-05-09tc Minutes Page 7 of 9 Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, Markey Butler, and Bill Boineau . Voting Naye: None. Item No. 13 RESOLUTION NO. 26, SERIES OF 2009 - IN SUPPORT OF REFERENDUM 1A There was no discussion on this item by the Town Council. Markey Butler made the motion to approve Resolution No. 26, Series of 2009 in support of Referendum 1A that creates the energy smart loan program on the Pitkin County Ballot. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Item No. 14 MANAGER'S REPORT Budget Schedule Town Manager reviewed the Budget schedule for the Town Council. EOTC Reminder of the EOTC Meeting scheduled for October 16, 2009 in Aspen City Hall. Gym Floor The Gym floor at the Recreation Center will be begin reconstruction this week. Town Council Goals Town Manager Russ Forrest included Town Council Goals from this year for review by Council in preparing for next year's goals. Item No. 15 AGENDA FOR NEXT TOWN COUNCIL MEETING Mayor Boineau requested that staff items be moved to the beginning of the agenda when possible. Council Member Butler agreed and Council Member Mordkin noted that it is staffs job to support Town Council. 10-05-09tc Minutes Page 8 of 9 Item No. 16 APPROVAL OF MEETING MINUTES FOR JUNE 29. 2009 AND AUGUST 3, 2009 Reed Lewis made the motion to approve as amend the Town Council Meeting Minutes for the June 29, 2009 Regular Meeting Markey Butler seconded the motion. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Mayor Bill Boineau, and Markey Butler. Voting Naye: None. Reed Lewis made the motion to approve as amended the Town Council Meeting Minutes for the August 3, 2009 Regular Meeting. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Mayor Bill Boineau, and Markey Butler. Voting Naye: None. Item No 17 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Viceroy Hotel Council Member Lewis requested staff to look into a comment made in regards to valet day skier parking. Sinclair Meadows Council Member Lewis asked if something could be done to the car ports to make it look better than this long plain wall. Related Westpac Council Member Lewis also asked for a financial update on Base Village. Ex Officio Member Council Member Lewis asked where we were in the process of changing the composition of the Marketing, Group Sales and Special Events Board. Dead Aspen Trees Council Member Butler asked if there is anything the Town can do about the dead Aspen trees on the Town easements and right- a-way. She feels they are a safety hazard. Out of Town Council Member Wilkinson stated he will out of Town October 14 - 19, 2009. Tool Box Ordinance 10-05-09tc Minutes Page 9 of 9 Council Member Mordkin asked for an update on the Tool Box Ordinance. This will be on the November 2, 2009 meeting. Building 7 — Base village Council Member Mordkin asked for an update on Building 7 in Base Village. Wood Road Council Member Mordkin inquired about the paving of Wood Road. Town Manager Russ Forrest responded when appropriate. Item No. 18 EXECUTIVE SESSION This item was continued with the meeting continuation to October 7, 2009 Item No. 19 ADJOURNMENT AT 8:43 p.m. Mayor Boineau continued this meeting to Wednesday, October 7, 2009 at 8:30 a.m. in the Town Council Chambers. Submitted By, Rhonda B. Coxon, Town Clerk SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, OCTOBER 5, 2009, CONTINUED TO OCTOBER 7, 2009- Mayor Bill Boineau called to order the Continuation of the Regular Meeting of the Snowmass Village Town Council on October 5, 2009 to October 7, 2009 at 8:30 a.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT:Russ Forrest, Town Manager, Hunt Walker, Public Works Director, John Dresser, Town Attorney, Rhonda B. Coxon, Town Clerk, and Jason Haber, Economic Resource Director. PUBLIC PRESENT: Mel Blumenthal, Don Schuster and other members of the Public interested in today's Agenda items. Item No. 6 RESOLUTION NO. 24, SERIES OF 2009 —TOWN OF SNOWMASS VILLAGE AND ASPEN SCHOOL DISTRICT IGA/EMPLOYEE HOUSING PROJECT Town Manager Russ Forrest provided an update of the last 24 hours, which included the inclusion of language in the IGA which is the Exhibit to Resolution No. 24, Series of 2009 regarding "Deed Restriction". He noted that the School District is not in agreement with the language and will not sign the IGA with that change, but they are willing to continue a dialogue with the Town Council. Motion to table Resolution No. 24, Series of 2009, to the Regular Meeting of the Snowmass Village Town Council on October 19, 2009 at 6:00 p.m. Moved by Arnold Mordkin, seconded by Mayor Bill Boineau. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, Markey Butler, John Wilkinson, Bill Boineau and Reed Lewis. Voting Naye: None. At 8:45 a.m. Mayor Boineau continued the meeting of the Regular Meeting of the Snowmass Village Town Council October 5, 2009 to October 7, 2009 at 3:00 p.m. 10-05-09tc Continued to 10-07-09 Page 2 of 3 At 3:00 p.m. Mayor Boineau continued the Regular Meeting of the Snowmass Village Town Council from 4:00 p.m. October 5, 2009 to 8:30 a.m. October 7, 2009. Town Attorney John Dresser stated the Aspen School District submitted a letter to the attention of the Mayor requesting further negotiations with Town Council and staff. He read the letter into the record and the Town Council discussed it at length. Item No. 6 RESOLUTION NO. 24, SERIES OF 2009 —TOWN OF SNOWMASS VILLAGE AND ASPEN SCHOOL DISTRICT IGA/EMPLOYEE HOUSING PROJECT Motion to recall the tabling of Resolution No. 24, Series of 2009, to the Regular Meeting of the Snowmass Village Town Council on October 19, 2009 at 6:00 p.m. Moved by Arnold Mordkin, seconded by John Wilkinson. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, Markey Butler, John Wilkinson, Bill Boineau and Reed Lewis. Voting Naye: None. Mayor Bill Boineau called the question on Resolution No. 24, Series of 2009, the resolution failed by a vote of 0 in favor to 5 opposed. Voting Aye: None Voting Naye: Arnold Mordkin, Markey Butler, John Wilkinson, Bill Boineau and Reed Lewis. Item No. 7 JOINT MEETING SNOWMASS VILLAGE TOWN COUNCIL AND PLANNING COMMISSION TO REVIEW THE PROPOSED ASPEN SCHOOL DISTRICT HOUSING PROJECT This Item was cancelled due to the denial of Resolution No. 24, Series of 2009. Item No. 18 EXECUTIVE SESSION At 3:30 p.m. on October 7, 2009 Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss one item Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); 10-05-09tc Continued to 10-07-09 Page 3 of 3 At 3:55 p.m. Motion to reconvene the continuation of the October 5, 2009 meeting on October 7, 2009. Moved by Arnold Mordkin, seconded by John Wilkinson. The motion was approved by a vote of 3 in favor to 0 opposed. Council Member Butler and Lewis had left the meeting. Voting Aye: Arnold Mordkin, John Wilkinson and Bill Boineau Voting Naye: None. Item No. 19 ADJOURNMENT At 3:56 p.m. Motion to adjourn the continuation of the October 5, 2009 meeting. Moved by Arnold Mordkin, seconded by John Wilkinson. The motion was approved by a vote of 3 in favor to 0 opposed. Council Member Butler and Lewis had left the meeting. Voting Aye: Arnold Mordkin, Markey Butler, John Wilkinson, Bill Boineau and Reed Lewis. Voting Naye: None. Submitted By: Rhonda B. Coxon, Town Clerk Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 Town. Council Meeting 3:30 p.m. 8 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Town Council Christmas Meeting 4:00 p.m. 27 28 29 30 31 New Year's Eve flaw 1 1 rSun Mon Tue Wed Thu Fri Sat 1 2 TOWN HALL CLOSED DUE TO NEW YEARS DAY HOLIDAY! 3 4 5 6 7 8 9 Town Council Meeting 4:00 p.m. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Town Council Meeting 4:00 p.m. 24 25 26 27 28 29 30 31 o< «g APPLICATION 300 Snowmass Club Circle PUD Former Golf Club House and Nordic Center) 17 August-2009 Applicant: Bear Realty, Inc. 1 Location: 300 Clubhouse Circle 1 Snowmass Village, CO 81623 1 1 An application for Minor Preliminary Planned Unit Development (PUD) and Amendment to the Snowmass Club PUD Parcel 10, Filing 1, Lot 1 to construct a two unit residential development. Represented by: I STAN CLAUSON ASSOCIATES INC tandsupe a, hIteetwo.piano in I. .sort design 71 pa North Will Street Aspen,Colorado Mau t.970/925-2323 1-970192d-e628 RECEIVEDTVEDInbOswplanning.mm xrvwseaplanning.com avY l Auu 21 1009 snowmass village Community Development 1 TABLE OF CONTENTS 1. PUD Amendment Application a. Preliminary Development Plan Uses Chart b. Previous/Current Project Comparison Chart c. Project Overview d. Code Response e. Project Summary f. Neighboring PUD Comparison Chart g. Proposed Variations h. Buildout Chart Identification 2. Signed Fee Agreement 1 3. Letter of Authorization 4. Letter of Consent from Owners 5. Certificate of Title 6. Previous Approvals 7. Mailing labels S. Vicinity Map 9. Improvement Survey 10. Architectural Plans Cover Sheet 0 Roof Plan Sheet Al First Floor Plan Sheet A2 Second Floor Plan Sheet A3 Third Floor Plan Sheet A4 Elevations & Building Height Matrix - West, East Sheet A5 Elevations & Building Height Matrix • South, North Sheet A6 Equinox Solar Study Sheet A7 Solstice Solar Study Sheet A8 Block Model Sheet A9 View Simulation Studies Sheet Al 11. Civil Drawings Construction & Key Notes Cl of 9 Grading, Drainage, Erosion Control Plan C2 of 9 1 1 1 Master Utility Plan C3 of 9 Water and Sewer Plan C4 of 9 Shallow Utility Plan CS of 9 Drainage Details C6 of 9 Erosion Control Details C7 of 9 Water Details WD-1 Sanitary Sewer Details SD-1 12. Landscape Plans Landscape Plan Sheet LA1 Preliminary Development Plan Sheet LA2 Structures within 300'-0" Sheet LA3 Open Space Map Sheet LA4 Tree Locations and Caliper Information Sheet LA5 13. Fiscal Impact Analysis 1 14. Fiscal Impact Analysis on Schools 15. Solid Waste Disposal Plan 16. Energy Conservation Plan 17. Condominium Association Documents 18. Utility Report 19. Waiver Requests for Transportation Impact Analysis and Air Quality Analysis 20. Subsoil Study for Foundation Design 21. Wetland Delineation Report 1 22. Nationwide (NWP 29) Authorization 23. Brush Creek Impact Report Snowmass Townhouses 24. Construction Management Plan t 1 1 1 TOWN OF SNOWMASS VILLAGE PUD AMENDMENT APPLICATION PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT MEANS A CHANGE(S) IN USE OF A FINAL PUD OR SPA PLAN,OR SUBSTANTIAL CHANGES IN FLOOR AREA, HEIGHT,PARKING REQUIREMENTS, SETBACK REQUIREMENTS, OR OTHER MAJOR ADJUSTMENTS THAT CHANGE THE NATURE OF THE FINAL PUD OR SPA PLAN. GENERAL DATA REQUIREMENTS Date: 17 August 2009 Name of Owner: Snowmass Club Associates,LLC Address: PO Box 1248,Aspen,CO 81612 Phone: Name of Applicant(if different than owner): Bear Realty. Inc, Mr.SR Mills or assienee Address: 401180"Street,Kenosha,WI 53142 Phone: (262)842-0452 Address/Location of Property: 300 Snowmass Club Circle,Snowmass Village,CO 81654 EXISTING CONDITION INFORMTION Original PUD Approval Date: 1983 Present Zoning: PUD Zone District Lot Area(sq.ft) 17,424 Building Setbacks(sq.ft.) Front:57.2 ft:Rear:24.3 ft: Side(west): 19.5 ft:Side(east):51.7 ft Allowable Floor Area Ratio per Zoning or PUD Plan: 1.200 sq.ft. Square Footage of All Areas Calculated as Floor Area by LUC: 1,800 sq.ft. Square Footage of Exempted Areas: +/-600 SF Existing Building Height: 36 ft+ of Parking Spaces and/or Parkins Space/Bedroom Ratio: 0 on-site spaces Percent Open Space: 25%+ t PROPOSAL DATA Zoning(if requesting changes): MF PUD Zone District Proposed Buildine Setbacks:Front:41.7 ft..Rear: 10.7 ft.,Side(w): 10.5 ft.,Side(e): 15.5-30.6 ft. Proposed Floor Area Ratio 46il Proposed Total Square Footage of Improvements: 7,987 SF Proposed Square Footage of Exempted Areas: 700 SF Proposed Building Height: 36'-4 3/8° Proposed#of Parking Spaces and/or Parking SvaceBedroom Ratio: 4 garage,4 surface Proposed Percent Op Space: 75% GENERAL DESCRIPTION OF PROPOSED AMENDMENT(S): The current PUD allows for the existing +/-1,800 sq. ft. building, formerly the Golf Course Club House. The building is currently used as office space. This application is to t redevelop the property into two residential units -- a more compatible use with the surrounding neighborhood. 1 a. PRELIMINARY DEVELOPMENT PLAN USES CHART Lot Area 17,424 SF Site Coverage 25% Approx. Building Size 7,987 SF Approx. Garage Size 1,152 SF 700 SF exempt Height 36' -4 3/8" Bedrooms 8 Unit A (4 bedroom) 3,950 SF 3,724 SF (saleable) Unit B (4 bedroom) 4,037 SF 3,811 SF (saleable) DU/acre 5 DU/acre Average Floor Area/Unit 3,768 SF Allowable Floor Area 13,068 SF 7,987 proposed Parking 8 onsite O en S ace 75% 25%required 1 1 1 1 300 Snowman Club Circle Minor Preliminary PUD Amendement 17-Aug-09 27 October 2008 Submittal 117 August 2009 Supplmental Total SF 12,1685F 7,987 Maximum Height 38 feet 36-4 3/8" Number of Units 3 2 Avg.SF saleable/per un8 4,056 3,768 Unit Equivalent 18 11 Density 7.5 DU/AC 5 DU/AC F.A.R. .69:1 46:1 Open Space 68% 75% Setbacks F:39,R:10.S)w):10',5(e):22 F:41.7',R:107,S(w):10.5',S(e):15.5'-30.6 Parking Required 13 8 Parking Provided 10 access to 27) 8 Proposed Variations Parking,Wetland Setback,Buildout Buildout 1 t 1 1 1 C. Project Overview This application seeks approvals for Preliminary Planned Unit Development (PUD) and Amendment to the Snowmass Club PUD Parcel 10, Filing 1, Lot 1 for the property located at 300 Snowmass Club Circle. As part of this application, it is also requested that the parcel is rezoned to Multifamily (MF) Zone District from the current zoning of PUD. The 0.40 acre parcel is located on Parcel 10, Filing 1, Lot 1 of the Snowmass Club Subdivision. Ordinance No. 31 (Series of 1983) amended the Final Planned Unit Development for the Snowmass Club Subdivision,including approval of a 1,800 SF Pro Shop to serve the golf course. Subsequently, Parcel 10, Filing 1, Lot 1 was platted in 1984, and the former clubhouse (existing structure) was constructed in 1985. With the redevelopment of the Snowmass Club and the construction of a new golf and Nordic center, the function of the clubhouse changed. Per Ordinance No. 03, Series of 2002, the primary use of the former clubhouse was for the property management of the Snowmass Club Villas, Nordic operations, offices for Snowmass Club Employees, and a Comfort Station for the golf course." In the twenty-three years since the existing building was constructed, the surrounding neighborhood and the Snowmass Club have changed significantly. The Snowmass Club was completely reconstructed as a fractional lodging project, with significant additions. A new Golf Facility and restaurant was constructed elsewhere on the golf course, rendering the current building obsolete. The current use of the building on the site houses the Aspen Skiing Co. planning department, which are not the uses contemplated in the 2002 Ordinance and certainly quite different from the Golf and Nordic Center for which it was originally constructed. The building itself has experienced deterioration, with patio areas no longer used as intended and no on-site parking for the office use. A water feature that once operated as a waterfall feeding into the pond in the front of the property is no longer operational. The applicant proposes to redevelop the property with a single residential building which will be compatible with the surrounding residential uses and density patterns. The proposed development will consist of a two unit residential development: Unit A is 3,950 SF Unit B is 4,037 SF e Using Pitkin County Assessor methodology for saleable square footage, Unit A is 3,724 SF and Unit B is 3,811 SF. For the purpose of this application, saleable will be roughly analogous to the Assessor's term "heated space." Both units will be condominium ownership; no fractional estates will be created. Each unit has a two-car garage and all required parking will be contained on site; The water feature will be restored as a public visual amenity. The subject property is located in a moderate density residential area and is appropriate for redevelopment into two residential units. The proposed design is Page 11 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 mountain contemporary in style, comparable to surrounding condominium and townhouse developments. The two and three story building is in concert with the development pattern of the neighborhood in both massing and scale, and will act as a transitional zone between neighboring properties. The building is sited to provide views from each unit while preserving the view from neighboring properties. The bulk, massing, and height of the development are comparable to the surrounding PUD developments and comply with the dimensional requirements of the MF-PUD Zone District. The proposed FAR of 0.46:1 is less than the 0.75:1 zone standard. No affordable housing mitigation is required due to the fact that the existing office use generates more employees than the proposed residential use, pursuant to 16A-4-410, Restricted housing requirements(e)(1). The architectural and site design incorporates and maintains the drainage functions of the site. The golf cart path and culvert provides overflow drainage for the retention pond located on the golf course. As the golf cart path and Nordic trail pass through the property, the trail will be narrowed to an average of 10 feet adjacent to the proposed development, while south of the proposed development the trail will taper to 8 feet, the standard width throughout the golf course. The new location and design of the cart path are engineered to maintain the drainage overflow function. Finally, existing surface flow of water along Snowmass Club Circle will be directed into a reconstructed wetland on the northern portion of the property. The resulting water feature will be of a higher quality than what exists today, providing habitat for birds and other animals as well as providing a contextually appropriate landscape feature for the enjoyment of the neighborhood residents. Page 12 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I 1 Division 1 Protection of Environmentally Sensitive Areas.................... 16A-47 Sec. 16A-4-10. Purpose. b)Applicability. These provisions shall not apply to development of a lot subdivided prior to the effective date of this Development Code(September 2, 1998)." The proposed site, Parcel 10, Filing 1, Lot 1, was platted in 1984, and the former clubhouse was subsequently constructed in 1985. The site is mapped within the Brush Creek Impact area,specifically Multi-Family/Golf Course Development." Per the review criteria for a PUD application, this application is required to comply with the provisions of Section 16A-4- 30d). Please see our responses below. Sec. 16A-4-30. Brush Creek Impact Area. t a)Establishment of Brush Creek Impact Area. The Environmental Sensitivity Map in the Town's Comprehensive Plan identifies the Brush Creek Impact Area as an area that is sensitive to the environmental impacts of development. The Comprehensive Plan designates this area as an important environmental resource area for its aesthetic features, riparian habitat, wetlands and hydrological values. This Section establishes the Brush Creek Impact Area as an environmentally sensitive area and provides standards for development proposed within this area. b) Applicability. The provisions of this Section 16A-4-30 shall apply to any development proposed within the areas described in Subsection(c), Map Incorporated. The subject property is currently developed with an existing commercial building. The redevelopment of this property will not affect any wildlife habitats. The applicant proposes to re-develop the property as a single residential building. This project avoids any untouched and sensitive lands, and revitalizes an area already served by public utilities and services. Landscaping, including re-vegetation of disturbed areas, will consist of native plantings. Existing man-made wetlands on the north side of the property will be reconstructed to provide for wildlife habitat and water quality purposes. The proposed wetland area is 850 SF and will replace the existing wetland at a 1:1 replacement. d)Brush Creek Impact Report. Development will not affect water quality, the water cycle, or stream channel. Minimal natural wildlife habitat occurs on the property. The intermittent channel does not meet wetland criteria. Hydrology is currently maintained by both run off and domestic water flow from the clubhouse. The existing man-made wetlands on the north side of the property will be reconstructed to provide for wildlife habitat and water quality enhancement by filtering run-off directed into Brush Creek. The Page 13 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 t proposed wetland area is approximately 850 SF. (Please see the attached Brush Creek Impact Report.) e) Standards. Development subject to the provisions of this Section shall comply with the following standards: 1) Setback. Development shall not take place within the stream channel and shall not alter the channel of Brush Creek or its capacity, except as expressly permitted herein. Development shall be set back a minimum of twenty-five (25) feet, measured horizontally from the outer edge of any riparian or wetland areas that are subject to the provisions of this Section 16A-4-30,Brush Creek Impact Area. Development shall also comply with the provisions of Section 16A-4-40, Floodplain and Wetland Areas, with regard to the location of development in relation to one-hundred- year floodplains and jurisdictional wetlands, including establishment of a larger setback, if necessary, to ensure compliance with federal and local regulations. a. Exception for water-dependent structures. b. Exception for other necessary structures. Underground utilities, roads, trails, bridges and similar facilities c. Exception for stream restoration. The site and proposed development will not disturb the stream channel, and will not alter the channel of Brush Creek or its capacity. The proposed building will take the place of an existing 1,800 SF building. The project is authorized by Nationwide General Permit (NWP) 29. Nationwide 29 is specifically authorized impact of up to '/2 of an acre for activities associated with residential, commercial, and institutional developments. Based on the qualifications for Nationwide 29, the impact area for the proposed development is less than 1/10 of an acre and meets all of the general requirements identified in permit summary and for federal register permit 29 modification. The current wetland is approximately 850 SF or 0.02 acres in area. This wetland is a manmade pond which also functions as a drainage catchment. The proposed development has been moved to the south, meeting the Town's 25-foot setback requirement in connection with the reconstructed water feature on the north side of the site. The neighborhood water feature is proposed to meet the 1:1 replacement requirement and will be provide retention,wildlife habitat, and water quality functions. No wetlands on the neighboring parcels will be disturbed. 2) Vegetation removal. Development subject to the provisions of this Section shall avoid or minimize the removal or loss of vegetation characteristic of the riparian area, paying particular attention to soil-binding stream bank vegetation. Vegetation removal necessary tforcontrolofnoxiousweeds, as defined by the Colorado Cooperative Extension Service, shall be permitted. a. Erosion control. If vegetation is removed, or if soil is otherwise subject to erosion, then best management practices for the control of erosion shall be instituted during Page 14 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 construction to protect water quality. Engineered stream bank stabilization practices, such as exposed rip-rap, shall be avoided wherever possible, and shall be limited to locations where more natural techniques cannot practically be utilized. b. Restoration plan. A restoration plan shall be prepared for the site, ensuring that vegetation which is removed is replaced on-site within the next growing season. 1. Type of vegetation. Replacement vegetation shall be limited to native species that are typically found in riparian habitat and wetlands. Replacement vegetation shall be equivalent in type, quality and function to that removed because of development. 2. Amount of vegetation. Vegetation should be replaced at a ratio of one to one l:l), measured in terms of foliage mass and tree caliper size, giving consideration to expected vegetation growth. A lesser replacement ratio may be approved if vegetation was removed for the express purpose of permitting greater visibility of,or greater access to,the creek. 3. Guarantee. The Town may require the applicant to guarantee performance of the restoration plan by providing security of not less than one hundred percent 100%)of the cost of the replacement vegetation. Removal of wetland vegetation will be replaced on-site, complying with TOSV standards. An erosion control plan has been provided as part of the Drainage Plan, and the restoration plan has been provided as part of the landscape Plan. Please see attachments. 3)Pollutants. Development shall not introduce organic or inorganic pollutants into Brush Creek. Herbicides may be used for noxious weed control when nonchemical methods will not be practical or effective. Hazardous materials associated with any use in the Brush Creek Impact Area shall be stored and used in compliance with applicable state and federal hazardous materials regulations. Measures shall be designed and implemented to contain fuel storage areas, to prevent spilled fuels, lubricants or other hazardous materials from entering the creek during the construction or operation of any use, and to control parking lot runoff from entering the creek. This development will not introduce organic or inorganic pollutants into Brush Creek. The use of the property will be residential. Storage of any hazardous materials during construction and final development will comply with TOSV regulations. 4) Water cycle. Development shall not interfere with the water cycle that supports any 1 riparian habitat or wetlands on the property. Water shall not be diverted from the site, and no development activities shall be undertaken that would lower the water table, or would cause the temperature of water in the creek to increase beyond the tolerance levels 1 of trout and other aquatic habitat. (Ord. 4-1998 §1; Ord. 7-2000 §1) The development will not interfere with the water cycle on the property that supports Brush Creek. The development is authorized under Nationwide 29 which will allow the 850 SF or 0.02 acre area of wetland to be disturbed. Existing man-made wetlands on the north side of the property will be reconstructed to provide for wildlife habitat and water Page IS 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I quality enhancement. The proposed wetland area is approximately 850 SF. The Drainage Plan relocates and redesigns the golf cart path to continue to function as a 100-year flood spillway into Snowmass Club Circle. 1 1 1 1 Page 16 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I t Division 2Improvements Standards...................................................... 16A-57 Sec. 16A-4-200 Applicability This application is seeking approvals for a Preliminary PUD, subdivision, rezoning, and other associated reviews to redevelop a 0.40 acre site into a two unit residential development. Sec. 16A-4-210 Streets and related improvements Currently, there is no on-site parking for the commercial/office uses on the site. All employees and visitors of the existing building park across Snowmass Club Circle in a designated parking area. The designated parking area, which consists of approximately 27 spaces along Snowmass Club Circle, are available year round for use by the Fairway Conference Center, the Parcel 10, lot 1 building (the subject property), and other Snowmass Club operations, pursuant to The Snowmass Club Phase II PUD Amendment, Planned Unit Development Guide, Reception No. 469685, recorded 9 July 2002. Required parking for the proposed two unit residential complex will be provided entirely onsite. The proposed residential development will generate less traffic than the current office use and will reduce the potential for pedestrian/vehicle conflict along Snowmass Club Circle. Pursuant to the vehicle trip generation guide in the Town of Snowmass Village Land Use Code, Sec. 16A-5-340(0)2, sixteen (16) trips will be generated per day by the two proposed units. In contrast, a commercial office of 1,800 SF, such as what exists currently, generates seventy-two (72) trips per day. Sec. 16A-4-220 Public trails The existing golf cart path/Nordic path will be retained on site. The path has been narrowed to 10 feet adjacent to the proposed development to accommodate the new development and associated landscaping. The path design will continue to serve golf and Nordic recreational uses and function as a spillway for drainage of the area. The 14-foot access width for maintenance performed by the Nordic Council will remain. The path will taper south of the proposed development to an eight-foot width, consistent with other golf cart and Nordic path facilities throughout Snowmass Village. Sec. 16A-4-230 Water supply,sewage disposal, solid waste disposal,and utilities Adequate water supply, sewage disposal, solid waste disposal, and utilities already serve the site. A Water Supply and Sewage Disposal Plan, a Solid Waste Disposal Plan, and a Utility Plan have been prepared by a registered Colorado engineer. The systems will comply with all applicable TOSV standards and regulations. Sec. 16A-4-240 Fire protection Page 17 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 The property is already served by the Snowmass-Wildcat Fire Protection District. The new development will comply with the adopted standards of the fire district. No unusual fire hazards exist at this site. Sec. 16A-4-250 Storm drainage The integrity of existing and natural drainage patterns will be preserved. The golf cart path on the property serves as an overflow spillway from an existing detention pond located on the Snowmass Golf Course parcel. The golf cart path has been narrowed from twelve to eight feet wide. The redesigned path has been engineered to continue to function as a spillway for the detention pond. Erosion and sedimentation control techniques will be employed during construction to not impact storm drainage and flood water patterns. The development will not exceed the capacity of natural or constructed drainage ways. Please see the attached Drainage Plan. Sec. 16A-4-260 Easement characteristics An easement is proposed to be granted to the Town of Snowmass Village for the golf/Nordic path. The easement granted will comply with the applicable TOSV standards and regulations. Currently the path is not protected by any easements. Sec. 16A-4-270 Survey monuments t An ALTA Survey 1s attached. t Page 18 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 Division 3 Site Design Standards........................................................... 16A-67 See. 16A-4-310.Off-street parking standards. a) Applicability. The standards of this Section shall apply to all development, including development of new uses, expansion of existing uses, and the change of use of land or structures. Responsibility for complying with these standards rests with the owner of the property. The proposed development will consist of a single building with two residential units. Each unit will be in condominium ownership, no fractional estates will be created. The MF-PUD zone district requires one parking space per bedroom. The proposed development will have a total of 8 bedrooms and accommodate all parking on site. A two-car garage is proposed for each unit, providing a total of 4 parking spots. A common parking area of four stalls is provided near the entry of the property. t The applicant proposes to provide eight (8) parking spaces on-site,which translates to 4 parking spaces per unit, a significant improvement from the existing conditions of zero on-site parking. The 4 parking spaces per unit exceed the 2 spots per unit of neighboring properties. The site is in close proximity to public transportation which will alleviate the demand for parking. The TOSV shuttle stop is located less than 500 feet 1 from the proposed development. Residents will be within walking distance of the shuttle stop and will be encouraged to use the shuttle service as an alternative to private automobile usage. See.16A-4-320.Landscaping,grading and other design standards. a)Landscaping Standards. 1) Preserve existing vegetation. Existing vegetation and live trees shall be preserved so as to: (a)reduce the potential for erosion and sedimentation from development; (b)screen 1 or soften the appearance of development; and (c) buffer uses from one another. Existing vegetation and trees that are removed shall be replaced with appropriate, similar size plantings and shall be supplemented with additional plantings that help to screen the development, cover exposed areas and hold soil in place. Existing vegetation will be preserved as much as possible. A substantial landscaping program will be provided as part of the proposed development. Whenever possible, relocation of existing trees of appropriate size and character that cannot be used on-site will be offered to the neighboring developments and transplanted for use in the neighboring landscape areas. (Please see the attached Landscape Plana Page 19 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I No formal owner consent has been obtained at this time in connection with a plan for possible relocation of existing trees. Possible relocation of existing trees has been mentioned to the two adjacent HOAs (the "Villas" and the "Townhomes"), but such a plan has never been developed with any specificity. In the event that an agreement can be reached with the abutting HOAs concerning possible relocation of landscaping, applicant will provide the appropriate owner's consent forms and the necessary details to the Town of Snowmass Village. In the event an agreement cannot be reached between the applicant and abutting HOAs, the trees will be removed and appropriate mitigation provided. 2) Standards for new plantings. All plants used for landscaping shall be compatible with the local climate and the soils, drainage and water conditions of the site. Wherever possible, native varieties shall be used. When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and spatial distribution patterns. Evergreen shrubs should be planted in clusters to maximize their chance for survival. When appropriate, landscaping should use drought resistant varieties, employ xeriscape design. Provision shall be made for irrigation,when necessary,to ensure survival of the plants. New landscaping will occur throughout the development. The plantings will comply with TOSV regulations. Native varieties will be used similar to adjacent developments. Irrigation will be provided to ensure the plantings survive. 3) Landscaping of multi-family and nonresidential development. All portions of lots containing multi-family dwellings and nonresidential development that are not covered by impervious materials shall be landscaped with grass, ground cover, shrubs or similar tlandscapetreatments. A mix of deciduous and evergreen trees and shrubs shall also be planted to effectively buffer proposed nonresidential uses from adjacent residential uses and to provide a buffer between such uses and surrounding collector and arterial streets. Landscaping for the development will comply with TOSV standards. The landscape plan consists of native plant types and trees. The plantings occur along the perimeter of the property, placed to maximize views from the proposed residences as well as screen the proposed buildings from neighboring views. Whenever possible, relocation of existing trees of appropriate size and character that cannot be used on-site will be offered to the neighboring developments and transplanted for use in the neighboring landscape areas. 4) Landscaping of parking areas. Standards for landscaping of parking areas are provided in Section 16A-4-310(0(4),Parking Lot Landscaping. Landscaping along the four-space common parking area is designed to provide for a visual buffer between the parking area and the golf cart Page 110 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 path. Snow storage will not be required, as a snow melt system is proposed for the parking/courtyard area. b)Grading Standards.All development shall comply with the following standards: 1) Mass grading. Mass grading that removes existing vegetation and leaves large areas of soil exposed shall be properly managed to control erosion. When significant portions of a site are to be disturbed, the Town may require grading activities to be phased, so disturbed areas can be stabilized. The Town may also require topsoil to be stockpiled, for re-use on areas requiring re-vegetation and landscaping. The site is relatively flat. The grading required will be minimized to create the least amount of disturbance to the terrain, vegetation, and natural land features. 2) Limitations on site disturbance. Cuts, fills, grading, excavation, vegetation removal and building construction shall be confined to designated building envelopes, except as permitted pursuant to Section 16A-3-200(b), Construction in Required Setbacks, and except for site disturbance necessary to install and maintain utilities, roadways, trails, irrigation ditches,fences and trees and similar plant material. Material excavated from the building envelope may be stockpiled outside of the building envelope for later use on the property. The site was previously disturbed when the existing building was developed in 1985. The proposed building will replace the existing building. The proposed building will have limited subgrade space and the site is generally flat. Site disturbance is anticipated to be minimal, requiring no special cut, fill,or grading activity. No building setbacks were previously established for the lot by the original Snowmass Club PUD for Parcel 10 or by the PUD Guide for Lot 1. Filing 1, Parcel 10 per Ordinance 02-3 of the Snowmass Club Phase II proposal. All proposed setbacks will be a minimum of 10 ft. in width. 3) Mark envelope. Prior to the commencement of site disturbance, the applicant shall visibly mark the extent of the designated building envelope. The applicant shall maintain said marking in place throughout the duration of construction. Relocation or removal of the marking without the prior approval of the Town shall be considered a violation of this Code. The envelope will be marked prior to construction per the TOSV regulations. 4) Restoration of disturbed areas. Disturbed areas shall be restored as undulating, natural-appearing landforms, with curves that blend in with adjacent undisturbed slopes. Abrupt angular transitions and linear slopes shall be avoided. As necessary, cuts and fills shall be supported by retaining walls, made of wood, stone, vegetation or other materials that blend with the natural landscape. Areas disturbed by grading shall be contoured so they can be re-vegetated and shall be re-vegetated within one (1) growing season after construction,using native species similar to those growing on the site. See attached Landscape Plan, which provides grading information. Very minimal cut and fill or recontouring is required on the site. Page X11 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I t 5) Design shall fit natural topography and site conditions. Proposed structures shall be located and designed to fit the site's natural topography and site conditions, rather than adjusting the topography and site conditions to fit the structure. For example, instead of creating a flat bench or terrace for a building platform on a sloping site, the structure should instead be stepped up or down the slope. Roads and driveways shall follow the contours of the natural terrain. The site is relatively flat, and the development will act as a transitional element between the two adjacent properties which contain other multifamily residences. Existing topography will generally be maintained. c) Outdoor Storage of Materials, Equipment and Vehicles. Unless otherwise determined by the Town Council, all commercial materials and equipment, including snow grooming equipment, stored outside for a period of time exceeding fifteen (15) days, during which time said materials or equipment remain unused, shall be fenced or screened in a manner that it is not visible from an adjacent street or property. Such fences or screening shall be a minimum of Planning Director shall determine that a fence or screen of lesser height be found to meet the intent of this Subsection. All fences shall be of sound construction and shall have not more than ten percent(10%)open area. All other unlicensed, inoperable or dismantled vehicles and parts shall be contained within an enclosed structure.The outside storage of materials, equipment, or vehicles which: 1) are not customarily found in association or connection with the principal permitted use of the property, 2)alter the essential character of the surrounding neighborhood, or 3)adversely affect public welfare is prohibited. Recreational equipment of individual unit owners will be stored within their enclosed premises. No additional fenced outdoor storage is proposed. Outdoor storage of materials, equipment, and vehicles will conform to TOSV regulations. d) Regulations for Ski Lifts. No development shall be approved in proximity to an existing or proposed ski lift unless said development complies with all applicable regulations governing said ski lift. N/A e)Quality of Skiing.No development shall be approved that adversely affects the quality of skiing at the Snowmass Ski Area, including the distribution of skiers on the mountain and access to the ski area N/A f) Access to Public Lands. New development shall not result in loss or significant limitation of existing access to public lands. Public lands do not border the property where the proposed development will be located. Page 112 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I g) Historical or Archaeological Sites. No development shall be approved which would result in the destruction or significant alteration of any sites or structures that have been determined by the Town Council to have historical or archaeological significance to the Town,the region or the State. No historical or archaeological sites are known to exist on the property. h)Construction Management.No PUD,amended PUD or subdivision development shall be approved unless a construction management plan has been submitted to and approved by the Town Council or the Planning Director where final approval is administrative.The number of residential units and the amount of commercial space that can be under construction at any one (1) time shall be subject to reasonable limitation in order to minimize disruption to normal business activities, disturbance to the peace and quiet of residential neighborhoods, interference with vehicular and pedestrian movement and/or damage to public roads, utilities and facilities, without unnecessarily interfering with the anticipated development activity. The extent of any such limitations shall be determined in the review and approval of each development project and shall be set forth in a construction management plan to be approved therewith. (Ord. 4-1998 §1; Ord. 13-1998 1; Ord. 1-1999 §1; Ord. 7-2000 §1) A construction management plan has been provided with this application. Please see attached. 1 1 t Page 113 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I Sec. 16A-4-330. Energy conservation. a) General Standard. Energy conservation shall be promoted and maximum advantage taken of solar and alternative energy source opportunities. To achieve this purpose, applications for subdivision, planned unit development or special review shall contain an energy conservation plan,which shall optimize the planning and utilization of all possible energy conservation features in proposed new construction without reducing the percentage of authorized buildable lot area or density allowed by the existing zoning. Failure to submit a satisfactory energy conservation plan, which complies with the provisions of this Section,shall constitute grounds for denial of the application. b) Contents of Energy Conservation Plan. An energy conservation plan shall contain the following materials: 1) Map. A map showing the orientation and placement of the building or buildings in relation to topography, vegetation, other structures and all other factors affecting solar access, so as to optimize sunlight access sufficient to take advantage of solar energy systems in as many buildings as is possible. Detailed information shall also be provided identifying and indicating the number of structures that shall have four (4) full hours of direct sunlight between the hours of 10:00 a.m.and 2:00 p.m. 2) Shadow study. Evidence that the proposed structures are sited to provide sufficient year-round solar access to a south wall or a south roof, including a shadow study, for major structures that may create shadow on other structures or roadways. Shadow studies shall be based on a thirty-percent sun angle at 9:00 am., 12:00 noon,and 3:00 p.m. 3)Passive or active techniques proposed. A detailed description, including both text and map, of the specific passive or active heating and cooling techniques being utilized, including but not limited to building configuration, window exposure, grading, landscaping, interior and exterior passive and active solar energy features, and attention to elimination or impairment of solar access to possible adjacent building sites. This description should also include an energy utilization analysis in relation to snowmelt areas, heating systems, swimming pools, saunas, Jacuzzis and other significant energy consuming elements of the project and an estimate of the anticipated energy gain through the planned energy systems. (Ord.4-1998 §1; Ord. 7-2000 §1) Passive and active solar techniques are incorporated as part of the energy conservation plan. South facing glazing will capture solar heat gain during winter months while minimizing heat loss through the use of double glazed, Low E coated, FSE certified clad windows. Similarly, the orientation of the buildings allows for east/west ventilation for natural cooling during summer months. Geothermal is a considered source for heating and cooling the proposed buildings. To ensure energy conservation during construction, SIP panels/modular construction will be reviewed for use on the buildings. Other items that may be utilized include: Engineered lumber, spray-in foam insulation (roofs/walls/floors); Page 114 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 Recycled content decking and siding; Environmentally-friendly foundation waterproofing (TuffnDrij; Concrete with fly ash content; On-site separation of construction waste. Other conservation methods may include efficient mechanical systems of high efficiency boilers, dual flush toilets, interior ventilation systems, E-Star appliances, and radiant heating. Interior design may also employ environmentally-friendly materials, such as low VOC paints, adhesives, and wood finishes as well as recycled content floor covering/tile. New construction will also comply with all applicable standards as set forth in the recently adopted REOP ordinance. Sec. 16A-4-340. Building design guidelines to preserve community character. a) Purpose. The building design guidelines contained within this Section are intended to preserve the character of the Town as a unique mountain setting, in which development is an element of the natural environment, and does not dominate those natural features. These guidelines are not intended to restrict imagination, innovation or variety in design, but rather are intended to assist in focusing on design principles that can result in creative solutions that are consistent with the character of the Town. b) Applicability. The provisions of this Section 16A-4-340 shall apply to any development application for PUD, amended PUD, subdivision, special review or building permit for nonresidential development or redevelopment. These provisions shall not apply to development of a single-family detached dwelling unit or a two-family dwelling duplex) on a lot subdivided prior to the effective date of this Development Code September 2, 1998). c) Building Design Guidelines. 1) Site integration. Building design shall be influenced by, and shall respond to, the natural features and mountain setting that surround the property. Structures shall be designed so they do not overwhelm the surrounding mountain environment. a. Minimize modification. Developments should be planned to minimize the extent to which it is necessary to modify the natural terrain and natural watercourses. Where earthmoving techniques are necessary, man-made forms should be soft and natural in appearance.Natural water features should be preserved and enhanced. The subject site is relatively flat, so minimal grading is required for redevelopment of the property. t The existing pond was created with development of the clubhouse in 1985. As part of the wetland mitigation during the redevelopment of the Snowmass Club in 2002, the pond was deemed a wetland. Modification of the wetland is authorized by Nationwide 29 Permitting with U.S. Corps of Engineers to disturb the wetland, which is less than 1/10 of an acre. Applicant intends to re-engineer the wetland for both wildlife habitat and water quality purposes. Page 115 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 1 The property also provides drainage functions for the golf course and neighboring properties. The redesigned and relocated golf cart path is engineered to continue to serve as a spillway for drainage in this area. b. Indigenous details. Indigenous details and landscape accents, such as streams, boulders, trees and wildflowers, should be used to connect the development to natural conditions. Native planting materials are proposed. The landscape plan is organic in design, complimenting the character of the neighborhood. (Please see attached landscape plan.) c. Complement natural landforms. New buildings should be designed to complement natural landforms, by setting them into the slope, or by reflecting the angles and shapes found in the natural landscape. Building massing should be broken up or stepped along a slope,to conform to the shape, aspect and scale of the natural terrain. The proposed structure has an articulated roofline which mimics the surrounding mountain range. The site has slopes less than I S% and gently rises in elevation from north to the south. Careful engineering and site planning has maintained the existing elevation change to both preserve the natural grade of the area as well as provide efficient drainage for the site. d. Signs. Interpretive information and signs should be used to draw attention to nature and mountain ecology. No interpretive or informational signs are proposed for the development at this time. If required, any sign proposed will conform to the TOSV Land Use Code. e. Grade. Awkward changes of grade in public spaces should be avoided. Natural grade changes should be used to separate and define activity areas. The needs of disabled persons should be considered in the layout of uses and in circulation patterns, as circulation on sloping terrain can be an obstacle to the disabled. No awkward changes of grade will occur. The site is relatively flat, and lends itself well to providing easy access to the disabled. 2) Scale and mass. Buildings shall be designed to ensure that they are not perceived as being monumental in scale. a. Relation to scale of surrounding buildings. The height and mass of new buildings should be related to the prevailing scale, form and proportion of surrounding buildings,to avoid overwhelming or dominating the existing character of the area. The height and mass of the proposed structure is similar in scale to neighboring properties, including the Club Villas and the Snowmass Club Condominiums. The building has pitched roofs to provide adequate snow shed during winter months. The pitched roofs are also within the Page 116 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10, Filing 1,Lot 1 architectural character of the surrounding neighborhood. The buildings have varied roof element heights where the highest peak element is less than 38 ft. The proposed building height reflects the building heights of adjacent PUD developments, which range from 32 ft to 48 ft. The height of the building will additionally create a transitional zone between the neighboring properties. Comparable neighboring PUD statistics: Parcel 10, Filing 1, Lot 1 Snowmass Club PUD Proposed Development (300 Snowmass Club Circle) Maximum Building height: 36 ft 4 3/8 inches Parcel 1,Snowmass Club PUD (Country Club Townhomes) Building height: 32 ft Parcel 3, Snowmass Club PUD (Club Villas) Building height: 47 ft Parcel 6, Snowmass Club PUD (Anderson Ranch Townhomes) Building height: 37 ft Parcel 4, Snowmass Club PUD (The Sanctuary) Fractional ownership, multi-family condos Building height: 48 ft above natural grade b. Design articulation. Groups of buildings should be located to avoid creating a "wall"or row" effect. Individual buildings should incorporate offsets or projections that relieve the visual effect of a single long wall, help to articulate individual units or groups of units and give the appearance the building is made up of a collection of smaller structures. Buildings should be sited so their longest frontages are not on their most visible sides. Best demonstrated in the roof plan, the location and site of the building is organic and multifaceted. Although a compact site, the building is designed to create an interesting and varied facade. The longest frontage of the building is along the western side of the 1 property. This portion of the building runs north to south, presenting an enhanced broken with architectural features, with a substantial portion of this facade being only one story in height. It is proposed that existing landscaping be transplanted to the neighboring property to serve as a screen of this portion of the building. The building is thoughtfully articulated with a variety of pitched roof elements, glazing, and decorative deck elements creating a visually appealing development. c. Human scale. People spaces should respect human scale. The design should include articulated building and roof configurations; staggered roof lines; sloping roof forms with overhangs; setbacks of upper stories; variations in grade level, floor plane and wall Page 117 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I 1 textures; spatial enclosure; and the use of design elements that break up the volume of space. The design for the proposed development respects human scale. The building design is characterized by a distinctive combination of massing and materials, which creates interesting and varied elevations. The building roofs combine traditional gable and shed forms in response to primary light and views, as well as helping to provide variation in the massing. The fagades have other interesting variations including exterior decks with open metal rails, as well as steps and recesses in the buildings volumes. Sloping roofs with overhangs intermittently occur to further provide interest. Each unit has an individual entry further contributing to the pedestrian scale of the building. The building is also oriented around a central courtyard, accented by a patterned hardscape treatment. d. Screen mechanical equipment. The roofs of structures containing nonresidential or multi-family uses should be designed to screen heating, ventilation and mechanical equipment from view from neighboring properties and public rights-of-way. Heating, ventilation, and mechanical equipment will be screened from the views of neighboring properties and public rights-of-way. 3) Building materials. Buildings shall be designed with natural materials and details that are indigenous to Colorado and that are nonreflective. a. Authenticity. Materials should be predominantly authentic in their appearance, with natural textures and weathering. The materials proposed for use in the building will be authentic in appearance and non-reflective. These materials include natural stone, real wood (or similar looking composite or cement board siding), and non- reflective architectural metals. b. Materials. The indigenous materials of the surrounding mountains should be conveyed by integrating heavy timbers,natural siding materials and rock into the building design. The materials will be similar or complementary to those used in the neighboring developments. The architecture reflects a mountain vernacular, using stone and wood materials. The exterior materials create an interesting interplay of traditional materials and earth tone colors and results in a visually unified overall appearance. Cut stone veneer is used for the base material around the buildings, as well as a highlight on select vertical elements. Cedar siding or similar looking composite or cement board siding) is proposed to a compliment to the stone base. 4) Climate/solar orientation. Buildings should be located to maximize their exposure to winter sun and natural light, and for protection from wind and temperature extremes. The sizing, height and placement of windows should take advantage of the sun's seasonal track and the intensity of solar radiation that is found in the area. Page 118 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 The proposed building will be oriented northwest to southeast. Passive solar is utilized on the southern facing facade. Large windows are directed to the south and maximize exposure to winter sun and natural light. Overhangs above the northern facing balconies will protect the residences from wind and temperature extremes. The design provides maximum exposure to natural light from the south. 5) Views. Buildings should be oriented to take advantage of views and view corridors, and to frame views and enclose open space, but should also preserve important sight lines, overlooks and landmarks as viewed from public roadways and other public spaces, and as viewed from neighboring developments. Buildings shall be located to comply with the provisions of Section 16A-4-50(f), Ridgeline Protection Areas. (Ord. 13-1998 §1; Ord. 1-1999 §1;Ord. 10-1999 §1; Ord.7-2000 §1) The townhome residences are set back from the street and are oriented for a southern exposure along the Snowmass Golf Course. While the primary glazing faces south for the panoramic views and light, upper level living spaces also enjoy great views towards the hills to the north. Efforts have been made to maximize views of the Brush Creek Valley towards the ski area and Mt. Daly. Large windows on the southern facing facade take advantage of views of the green open space of the abutting golf course and the mountains beyond. The building does not impede upon views from public roads and other public spaces. Efforts were made to design the proposed development not to impede upon the views of the neighboring developments, especially the Villas located to the east. Please refer to photo simulations which illustrate the thoughtful placement of the building. 1 Page 119 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD;Parcel 10,Filing 1,Lot 1 1 Division 4 Standards for Restricted Housing......................................... 16A-77 No restricted housing is required. The current use of the existing building is an office. Per Table 4-5 of the TOSV Land Use Code, the existing 1,800 SF building generates 6.624 employees. (It actually houses approximately twelve employees.) The proposed development is a "Multi-family-2" type residence consisting of two (2) dwelling units. This development will only generate 1.22 employees, per the TOSV Land Use Code. The Land Use Code provides that in situations where employee generation is less than existing uses, no restricted housing development is required. Division 5 Sign Standards...................................................................... 16A-81 No signs are proposed at this time. Any signs that will be required for the development will comply with TOSV standards and regulations. Future signage may consist of a street number sign and project identification sign. Page 110 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I Sec. 164-5-220.Amendments to Official Zone District Map. a) Purpose. The purpose of this Section is to provide the means by which the Town Council may, from time to time, amend, supplement or repeal the contents of the Official Zone District Map. No rezoning of a specific parcel of real property by a change in zoning classification resulting in a change to the Official Zone District Map shall be valid unless approved by the Town Council pursuant to the provisions set forth herein. e) Review Standards. An application for an amendment to the Official Zone District Map shall comply with the following standards and, whenever applicable, shall also comply with the standards of Section 16A-5-220(f), Review Standards for Rezoning of Lands Zoned Open Space or Conservation. 1) Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Town of Snowmass Village Comprehensive Plan. The proposed rezoning is consistent with the intent of the Comprehensive Plan. It is proposed to redevelop a parcel located in a built up area, not an undeveloped parcel in a rural area. Although the property is labeled as "Recreation" on the TOSV Future Land Use Map, its current use is commercial/office. This property would be more appropriately utilized as Multi-Family- Residential, as most of the parcels within the Snowmass Club PUD are designated,and as actual uses exist in the area. 2) Consistent with purpose of zone district. The proposed amendment shall be consistent with the purpose of the zone district to which the property will be designated. The proposed rezoning of the PUD to the MF-PUD Zone district is appropriate. The project consists of two (2) residential dwelling units which will complement the multifamily and lodge uses of the surrounding neighborhood. 3) Compatibility with surrounding zone districts and uses. The development permitted by the proposed amendment shall be compatible with surrounding zone districts, land uses and neighborhood character and shall result in a logical and orderly development pattern within the overall community. In the intervening twenty-three years since the existing building was constructed, the surrounding neighborhood and the Snowmass Club have changed significantly. Due to these changes, nonresidential use of the property is inappropriate. The proposed MF-PUD Zone District designation for the property is appropriate, since the surrounding properties consist of multifamily developments, such as condominiums, townhouses, and lodge uses. 4) Necessary circumstances. The applicant shall demonstrate that the following circumstances exist: a. Error. There has been a technical error in the boundaries shown on the Official Zone District Map; or Page (11 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) A Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 b. Changed conditions. There have been changed conditions affecting the subject parcel and the surrounding neighborhood that justify the proposed amendment;and The surrounding neighborhood and the Snowmass Club have changed significantly. Key changes include; the construction of a new golf/Nordic facility at another location, rendering the current building obsolete; the interim reuse of the building to house commercial/office activities of the Aspen Skiing Company, imposing inappropriate burdens upon the neighborhood; and the lack of maintenance of the original features of the site, which were related to its original use. Due to these changes, continued nonresidential use of the property is inappropriate. The applicant proposes to redevelop the site into a single residential building with a two units which will act as a transitional property between neighboring residential properties. 1 Page 111 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PULP,Parcel 10,Filing 1,Lot I Division 3.Planned Unit Development Sec. 16A-5-300. Purpose; overview; general restrictions. a) Purpose. The purpose of the planned unit development (PUD) process is to permit variations from the strict application of certain standards of the Town's zone districts in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby, to achieve a more desirable environment than would be possible through the strict application of the minimum standards of this Development Code. Specifically, it is the purpose of the planned unit development process to: b) Overview of PUD Procedure. A PUD application shall be reviewed pursuant to the procedures and standards of this Section. 1) Major or minor PUD. The procedures applicable to a particular PUD are dependent on whether the project is classified as a minor or a major PUD. The criteria for classifying projects as major or minor are described in Table 5-3, Criteria for Classifying PUD's as Major or Minor. If a proposed development activity does not fit within the criteria listed in the table, then the Planning Director shall determine whether the proposal should be classified as a major or minor development,taking into consideration whether or not it would be beneficial for the Town to review a sketch plan of the proposed development. Because the proposed building will only consist of two (2) residential units, this PUD is deemed as Minor per Table 5-3. c)General Restrictions. Although one(1)of the purposes of these PUD regulations is to provide flexibility in the land development process, this Section is intended to define the limits of that flexibility. The following restrictions shall apply to all PUDs: 1)Minimum land area. There shall be no minimum land area qualification in order to be eligible to apply for a PUD, provided that PUD approval shall not be granted solely to permit variations to develop a single lot,building or use. The subject parcel size is approximately 0.40 acres. This property has already been designated PUD in the Official Zone District Map. PUD designation was not requested by the applicant. No dimensional variations are requested. 2)Location.A PUD may be developed on any land located within the Town. The proposed Minor PUD is located at 300 Snowmass Club Circle, where the former golf/Nordic clubhouse building of the Snowmass Club is currently located. 3) Uses. The land uses permitted in a PUD shall be limited to those uses that are allowed, or are allowed by special review, in the underlying zone district. The applicant requests to rezone the property from PUD to MF-PUD Zone District where residential uses are permitted. Page 123 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) A Amendment to Snowmass Club PUD,Parcel 10, Filing 1,Lot 1 1 1 4) Maximum buildout. The Comprehensive Plan contains an analysis of future buildout of single-family subdivisions and other developments within the Town limits. It identifies the maximum number of future lots/units and commercial/other space that may be developed within each subdivision, parcel or other development. The Unit Equivalency Chart, found in Table 5-4, defines what constitutes a unit by distinguishing between the various dwelling types and sizes and specifying an equivalency factor to be utilized to establish the number of existing units within a currently developed parcel and/or the future buildout units that will be generated by the proposed new development. The buildout analysis, for the purpose of determining maximum buildout, shall be conducted as follows: a. Undeveloped parcels. For undeveloped parcels containing no dwelling units, the Comprehensive Plan future buildout chart shall be used to establish the maximum number of future lots/units and commercial/other space that may be developed within the parcel, and the Unit Equivalency Chart shall be used to determine the number of future buildout units that are being proposed by the new development. Currently, a building consisting of approximately 1,800 SF of commercial space is located on the subject parcel. No dwelling units exist on the property. Per Table 5-4 Unit Equivalency, the proposed dwelling units are deemed as "Multi-Family IV," since the units will have more than 2,500 SF in floor area. A Unit Equivalent of 10.98 is proposed for this Minor PUD, which will consist of two dwelling units totaling 7,987 SF in floor area. b. Greater buildout. A greater buildout may be approved if the Town Council finds that the PUD achieves one (1) or more of the purposes described in Subsection (c)(6), Community Purposes for PUDs, and the PUD complies with the other applicable provisions of this Subsection (c), General Restrictions, the standards of Section 16A-5- 310, Review Standards, and any other applicable provisions of this Code. No buildout may be permitted to exceed one hundred percent (100%) of the maximum number of future lots/units and commercial/other space listed for that subdivision, parcel or other development, except that under unique and exceptional circumstances where it can be sufficiently demonstrated by the applicant that the resulting development will, for good cause shown, exceed the PUD review criteria standards, a reconsideration and amendment of the future buildout analysis chart allocation for that subdivision, parcel or other development may be considered. The Town Council shall then adopt an ordinance, approved by at least three-quarters (%) of the members of the Town Council present and voting, amending the future buildout analysis chart and identifying the reasons why the amendment is warranted. The applicant requests to amend the future buildout analysis chart allocation for the subject parcel by proposing greater buildout, equivalent to 10.98 units per the Unit Equivalency Chart. Currently, a building consisting of approximately 1,800 SF of commercial space is located on the subject parcel. No dwelling units exist on the property. The proposed Minor PUD will consist of one building with two dwelling units totaling 7,987 SF. Page 124 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 The Minor PUD will provide community benefit because it will: complement the surrounding neighborhood which consists of residential,recreational, and lodge uses will encourage sustainable development by revitalizing a deteriorating and underutilized property, be well-sited in a neighborhood where one can live and work within a small defined service area, avoid wildlife habitat and promote infill development encourage better design by replacing an aging building with a residential use in an area that consists of residential uses,and provide a permanent easement for the golf/Nordic path and restore and enhance existing wetlands. 5) Dimensional limitations. Certain dimensional limitations applicable to the property may be varied within a PUD. The limitations that may be varied are those of the underlying zone district; or, for properties for which a PUD or other development plan has previously been approved, the limitations set by that approval. For any property designated PUD or SPA without an underlying zone district,the applicant shall submit an application for an amendment to the Official Zone District Map to designate the underlying zone district for the property. This application shall be submitted in conjunction with the preliminary PUD application and shall be used to rezone the property at the time of final PUD approval to a zone district containing dimensional limitations in order to establish the applicable dimensional limitations for the property. Only the following dimensional limitations may be varied: a. Maximum allowable height of any structure within the PUD; The maximum allowable height in The MF-PUD Zone District is 38 ft. The proposed building has varied roof element heights where the highest peak element is 36 ft -4 3/8 inches. The proposed building height reflects the neighboring PUD developments, which range from 32 ft to 48 ft. The height of the building will create a transitional zone between neighboring properties. b. Minimum open space requirement for the PUD; The proposed development will contain 75% open space (52% landscaped area, 7% pedestrian paths, and 16% hardscape area of total lot area), meeting the 25% minimum open space requirement of the MF- PUD Zone District. c. Maximum allowable floor area of the PUD; The floor area ratio of the MF-PUD Zone District is 0.75:1. The subject property is 0.40 acres or 17,424 SF. Per the MF-PUD Zone standard, allowable floor area is 13,068 SF. The proposed building has a total floor area of 7,987 SF, according to TOSV code. This translates to a 0.46:1 FAR. The MF-PUD zone permits 0.75:1. Page 125 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) A Amendment to Snowmass Club PUD,Parcel 10, Filing 1,Lot I 1 d. Minimum area of lots within the PUD;and The minimum lot size for a MF-PUD zoned property is 3,000 SF or 1,500 SF per dwelling unit, plus 500 SF for each additional bedroom. This makes the minimum lot size 7,000 SF for the proposed site. The lot size of subject property is 17,424 SF. e. Minimum setbacks for buildings within the PUD. A dimensional limitation may be varied when the Town Council finds that the PUD achieves one (1) or more of the applicable purposes listed in Subsection (c)(6), Community Purposes for PUDs, that granting of the variation is necessary for that purpose to be achieved, and that the resulting development will be consistent with the provisions of Subsection (c)(7), Standards for Granting of Variations, and Section 16A-5-310,Review Standards. No building setbacks were previously established for the lot by the original Snowmass Club PUD for Parcel 10 or by the PUD Guide for Lot 1, Filing 1, Parcel 10 per Ordinance 02-3 of the Snowmass Club Phase II proposal. The proposed development complies with the Snowmass Village PUD setback requirements. Proposed setbacks are as follows: Front setback: 41.7 ft. Side setbacks: West: 10.5 ft.; East: 15.5-30.6 ft. Rear setback: 10.7 ft. 6) Community purposes for PUDs. The Comprehensive Plan identifies certain purposes the community intends to achieve as it develops. The following purposes shall be used in determining whether the buildout for a PUD may exceed sixty-five percent (65 1/6) of that identified in the buildout analysis and whether any of the parcel's dimensional limitations should be varied: a. Provision of restricted housing. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to offer an incentive to applicants to provide more restricted housing within the PUD than would otherwise be required by this Development Code, particularly in those priority locations for such housing identified within the Comprehensive Plan. This project is not required to provide restricted housing. The current use of the property as an office generates more employees than the proposed residential townhouses. Pursuant to Sec. 16A-4-410, Restricted housing requirements, (e)(1) Redeveloped properties: The developer shall receive a credit toward restricted housing requirements of one hundred fifteen percent (11596) of the housing mitigation that would be required on the existing square footage and use of the building to be redeveloped as computed in accordance with the provisions of Subsections (a) and (b) above. Page 126 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I The proposed development will actually reduce the employee generation rate in the area, and thereby, reduce the need for additional restricted housing. b. Encourage sustainable development. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to encourage sustainable development within the Town that diversifies the mix of lodging, retail and dining uses and that is consistent with the intent of the Comprehensive Plan. Sustainable development may be of the type that creates a sense of place where one can live and work within a small defined service area as well as where recreation, public transportation, open space, personal services and shopping are within reasonable walking distance. It may also be where the development includes positive social, environmental, or economic benefits that significantly contribute to, greatly enhance or are determined necessary for the sustainability of the community as a whole. The proposed building encourages sustainable development. The project revitalizes a deteriorating and underutilized property, and the proposed residential use is well sited in a neighborhood where one can live and work within a small, defined service area. The property served as the original clubhouse for the Snowmass Club golf course and Nordic facilities. A new clubhouse was recently built elsewhere on the golf course, and the building now serves as offices for the Aspen Skiing Company. Unlike the existing use, the proposed development is compatible with the surrounding multifamily, lodge, and recreational uses. The Snowmass Center, the Snowmass Mall, and the recently developed Base Village will be less than three miles away from the property. A TOSV shuttle bus stop is less than 500 feet from the property. Recreation, open space, and some shopping experiences are easily within walking distance. The two dwelling units will increase the social vitality of the area within the Snowmass Club, and the redevelopment of the parcel will provide an enhanced and functional landscape which will act as a transitional development between neighboring properties. c. Provide open space and/or avoid wildlife habitat. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to provide necessary site planning flexibility to enable the development to provide more and higher quality open space or to conserve critical wildlife habitat lands. This shall be accomplished in such a way as to maintain these lands as large, contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development, unless the applicant demonstrates that this arrangement will result in the most suitable development pattern for the property,and that the lands providing valued open space or critical wildlife habitat have been protected. Where applicable, connections of such lands on the site to such lands on adjacent properties shall be accomplished. The redevelopment of the property avoids wildlife habitat and promotes infill development. Ponds to the south of the parcel will be undisturbed and will continue to function as wetlands. Additionally, the man-made wetland on the north of the property will be redesigned to increase its functionality for wildlife and water quality purposes. The property is currently underutilized and in need of revitalization. The proposed development steers development away from rural and Page 127 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I 1 1 undisturbed tracts of land and utilizes land within the built-up area of the Town of Snowmass Village. d. Encourage better design. A parcel's dimensional limitations may be varied (but its maximum buildout may not be achieved) to allow for greater variety in the type, design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration, with other buildings in the PUD and with surrounding uses, yet shall avoid uniformity of design. Various types of residential uses may be combined within the PUD (when allowed by the underlying zone district), to promote more efficient land use patterns and increased open space. The proposed development encourages better design by replacing an older structure with a modern building containing two residential units which are compatible with surrounding residential and recreational uses as well as the architectural design of the area. The proposed complex will add additional variety to the stock of multifamily condominiums, townhouses, and single family residences in the immediate vicinity. The proposed architectural design will blend with the neighboring structures in terms of height, mass, scale, and orientation and provide a transition between neighboring developments. The development will front Snowmass Club Circle, with the design maximizing the views along the southern and southwestern property line. The roofline is varied and the height does not exceed 38 feet. Materials will be similar to the neighboring buildings, reflecting the indigenous materials of the surrounding mountains. e. Develop necessary public facilities. A parcel's maximum buildout may be achieved and its dimensional limitations may be varied to provide an incentive for an applicant to develop, or contribute to the development of, necessary public facilities, such as public parking and transportation facilities, public recreation facilities and other public facilities consistent with the intent of the Comprehensive Plan and the Town's goals and objectives. The facilities may be located within or outside of the PUD, but shall be facilities beyond the required mitigation for the project that meet the needs not only of project residents, but also of other residents of and visitors to the Town and shall tpromote,generally,the public health, safety and welfare. This project does not propose any additional public facilities. However, it will preserve the existing golf/Nordic path by providing a permanent easement to the Town, and restore a deteriorated wetland area. Moreover, the applicant proposes to redevelop a site which is currently underutilized. All necessary services already serve the site, including the TOSV shuttle. The redevelopment of the site, which will revitalize a defunct water feature and replace an outdated building, would serve the public health,safety,and welfare by improving the site for years to come. Achieving one (1) or more of the applicable purposes listed above does not, by itself, grant any development entitlement for the buildout of a PUD to exceed sixty-five percent 65%) of that identified in the buildout analysis or for any of the parcel's dimensional limitations to be varied. Page 128 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 7) Standards for granting of variations. Any PUD dimensional limitation variation authorized in Subsection (c)(5), Dimensional limitations, may be granted by the Town Council,provided that it complies with the following standards: a. Height. Variations to increase the maximum allowable height of structures may be obtained pursuant to the following provisions: 1. A request to grant a variation to increase the maximum allowable height for any individual structure may be granted by the Town Council, provided that at least fifty percent(50%)of the structure for which the variation is sought, as measured utilizing the structure's footprint, conforms to the height limits of the underlying zone district, provided further that no portion of the structure exceeds the height limit of the underlying zone district by more than seventy-five percent(75 1/6). 2. In exceptional and special circumstances, a request to grant a variation to increase the maximum allowable height for individual structures may be permitted to exceed the fifty- percent or seventy-five-percent limitation described in the preceding paragraph, if the applicant is able to sufficiently demonstrate to the satisfaction of the Town Council that: a) Views from surrounding properties, as determined through the use of detailed view plane analysis, which may include computer-generated visualizations, story poles and other methods acceptable to the Planning Director, will not be substantially adversely affected. The surrounding properties to be considered will include those immediately adjacent to the PUD and those that are identified by the Planning Commission and the Town Council during their respective review and public comment periods. b) The proposed structure will be compatible, in terms of height, mass, scale, orientation and configuration, with other structures in the PUD and with adjacent structures. If the variation exceeds the fifty percent or seventy-five-percent limitations described in the preceding paragraph, the variation and the Preliminary PUD Plan resolution must be approved by at least three-quarters C/.)of the Town Council members present and voting, for good cause shown and by identifying the reasons why the height variation is warranted. 3. For the purposes of administering paragraph (7)a, the Town Council may grant by simple majority vote,a height variation for certain structures,such as flagpoles,antennas and other similar structures which have only a nominal footprint. Ski-lift towers and related facilities are exempt from requiring height variation approval. 4. In circumstances where two (2) structures have been connected by an enclosed walkway, corridor,atrium or other enclosed space whose width or height is less than fifty percent (50%) of either the width or height of either of the otherwise separate structures measured from the side being connected, the provisions of paragraph(7) shall be applied to each structure separately rather than as one(1)structure. PUD variations are not required or requested. The maximum building height permitted in the MF-PUD zone district is 38 ft. The proposed building has varied roof element heights where the highest peak element is 36 ft-4 3/8 in. Page 129 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I 1 In general, the buildings are located outside of the view plane of any of the neighboring buildings, and therefore will not have a negative impact on the views for the neighborhood. (Please see attached photo simulations.) The proposed building will act as a transitional project for the surrounding PUD development's heights, which range from 32 ft to 48 ft. (See attached chart of surrounding PUD statistics.) b. Open space and minimum lot area A variation to reduce the minimum open space requirement or to reduce minimum lot area(in order to cluster lots)may be permitted if. 1. Such variation will not be detrimental to the character of the proposed development or to surrounding properties; 2. The proposed development shall include open space for the mutual benefit of the entire development; and 3. The open space that is provided is accessible and available to at least all dwelling units and lots for which the open space is intended. The minimum lot size for a MF-PUD zoned property is 3,000 SF or 1,500 SF per dwelling unit, plus 500 SF for each additional bedroom. This makes the minimum lot size 7,000 SF for the proposed site. The lot size of subject property is 17.424 SF. Open space consists of 75% of the property (52% landscaped area, 7% pedestrian paths, and 16% hardscape area of total lot area). The MF-PUD Zone District requires 25%of the site to remain as open space. c. Minimum building setbacks. Minimum building setbacks shall be established by the PUD plan, provided adequate distance shall be left between buildings for necessary access and fire protection, and to ensure proper ventilation, light, air and snowmelt between buildings, and to minimize the effects of transmission of noise between units and between buildings. The proposed development complies with Sec. 16A-3-200(b)2, setback requirements: Front setback: 41.7 ft. Side setbacks: West: 10.5 ft.; East: 15.5-30.6 ft. Rear setback: 10.7 ft. No building setbacks were previously established for the lot by the original Snowmass Club PUD for Parcel 10 or by the PUD Guide for Lot 1, Filing 1, Parcel 10 per Ordinance 02-3 of the Snowmass Club Phase II proposal. 8) Parking. The number of parking spaces in the PUD shall be that required for the underlying zone district, unless a reduction in that requirement is granted, pursuant to Section 16A-4-310(c),Reduction of Required Parking. The proposed development will consist of a single building consisting of two units with a total of eight (8) bedrooms. Each unit will be condominium ownership; no fractional estates will be created. Page 130 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 The MF-PUD zone district requires one parking space per bedroom. Each unit will feature a two-car garage, providing four (4) parking spots. There is a common parking area of four (4) stalls near the entry of the property providing a total of eight (8) required parking spots onsite. With the eight (8) parking spots provided onsite the designated parking along Snowmass Club Circle will not be required to be utilized by the proposed development. The spaces along Snowmass Club Circle will continue to be available for the use by the neighborhood, free from the competition created by the current commercial use, providing a significant community benefit. Additionally, the site is in close proximity to mass transportation which will alleviate the demand for parking. The TOSV shuttle stop is located less than 500 feet from the proposed development. Residents will be within walking distance of the shuttle stop and will be encouraged to use the shuttle service as an alternative means of automobile usage. 9) Road standards. A PUD may be permitted to deviate from the Town's road standards, to enable the development to achieve greater efficiency of infrastructure design and installation through clustered or compact forms of development or to achieve greater sensitivity to environmental features, when the following minimum design principles are followed: No roads are proposed for this project. 1 1 Page 131 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I 1 Sec. 16A-5-310.Review standards. In addition to demonstrating compliance with the provisions of Section 16A-5-300(c), General Restrictions, and with all other applicable provisions of this Code,a proposed PUT)shall also comply with the following review standards. 1)Consistency with Comprehensive Plan. The PUD shall be consistent with the intent of the Town's Comprehensive Plan. The proposed PUD is consistent with the intent of the Comprehensive Plan. This parcel is located in a built up area well served by all the necessary public utilities and services, and not on an undeveloped parcel in a rural area. Even though it is labeled as "Recreation" on the TOSV Future Land Use Map, we believe that it would be more appropriate to label the property as "Multi-Family-Residential," which is consistent with most of the parcels within the Snowmass Club PUD. The residential units complement the surrounding various condominium and'townhouse developments at the Snowmass Club. The current building was constructed in 1985 to serve as the clubhouse for the golf course and Nordic activities. When the Snowmass Club was redeveloped under Phase II, a new clubhouse at a different location was built, and this structure became obsolete. It has since served in uses varying from a warming but to offices. The property needs revitalization and reinvestment. The proposed residential building compliments and adds variety to the surrounding residential and recreation use. Its design is compatible to surrounding condominiums in mass, scale, and density and will act as a transitional project to the neighboring properties. The impacts of the proposed condominium will be less than the existing office use. Careful attention has been made to insure that the design is sensitive to the surroundings. 2)Preservation of community character. The development proposed for the PUD shall be consistent with the standards of Section 16A-4-340, Building Design Guidelines to Preserve Community Character, shall be compatible with,or an enhancement of,the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. In the twenty-three years since the existing building's construction, the surrounding neighborhood and the Snowmass Club have changed significantly, including the Snowmass Club itself. The need for the subject property to be anything other than residential use no longer exists now that the Snowmass Club has been redeveloped. The proposed MF-PUD Zone District is appropriate since the surrounding properties consist of multifamily developments, such as condominiums and townhouses, lodge uses,and recreational amenities. 3) Creative approach. The development proposed for the PUD represents a creative approach to the development and use of land and related physical facilities to produce better developments and to provide amenities for residents of the PUD and the public in general. Page 132 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I The proposed development is well suited for the parcel. It complements the surrounding developments and completes the Snowmass Club development. The design protects views of the neighbors and maximizes the view for each unit. It will provide additional residential living along the golf course which is in high demand. 4) Landscaping. Proposed landscaping for the PUD shall provide sufficient buffering of uses from one another (both within the PUD and between the PUD and surrounding lands) to minimize noise, glare and other adverse impacts, shall create attractive streetscapes and parking areas and shall be consistent with the character of the Town. The landscaping will include native plantings that will screen the parking area from views to the greatest extent possible. The landscaping will also serve as a buffer between the dwelling units and neighboring developments. Native planting materials are proposed (see attached landscape plan). The landscape plan is organic in design complimenting the character of the neighborhood. Existing trees on the site which will be required to be removed will be offered to the neighboring properties for use in screening. 5) Comply with development evaluation standards. The PUD shall comply with all applicable provisions of Article IV of this Development Code, Development Evaluation Standards. The proposed PUD will comply with development evaluation standards. Please refer to the code responses to the applicable provisions of Article IV below. 6) Suitability for development. The property proposed for the.PUD shall be suitable for development, considering its topography, environmental features and any natural or man- made hazards that affect its development potential. The site is relatively flat. The southern edge abuts to ponds on the golf course. No hazards exist on the property to affect the development potential of this 0.40 acre parcel. 7)Adequate facilities.The applicant shall show that: a. Adequate facilities will be provided to the PUD for water supply, sewage disposal, solid waste disposal,electrical supply,fire protection,roads and pedestrian circulation; Adequate facilities will be provided to the PUD per the TOSV Land Use Code. Please refer to the attached Site and Landscape Plan, Utility Plan, Drainage Plan,Solid Waste Disposal Plan, and Water and Sewer Plan. b. The PUD has been located so as to be reasonably convenient in relation to police and fire protection, emergency medical services and schools; and The PUD is a developed parcel within the Snowmass Club PUD. This application is proposing to redevelop the parcel into a single building with two residential units. Services are readily convenient to this parcel. Page 133 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10, Filing 1,Lot 1 c. The PUD will accommodate the efficient provision of transit facilities and services. A TOSV shuttle stop is conveniently located less than 500 feet from the property. 8) Spatial pattern shall be efficient. The PUD shall be located to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or that require duplication or premature extension of public facilities. a. Roads. Any new road developed to serve the PUD shall be continuous and in alignment with existing platted streets to which the street is to be connected. Where appropriate, new streets shall be planned so that they can create an interconnected Town road network, with provision for adequate road and utility easements. Where cul-de-sacs are used in the development, the applicant is encouraged to provide a trail or similar pedestrian link between them. No new roads are proposed. b. Water and sewer lines. Any water or sewer line extension necessary to serve the PUD shall be consistent with the Snowmass Water and Sanitation District's service plan and the Town's Comprehensive Plan. The water and sewer line extension for this PUD project will be consistent the required rules and regulations. Please refer to the attached Water and Sewer Plan. 9) Phasing. If the PUD is to be developed in phases, then each phase shall contain the required streets, utilities, landscaping and other improvements that are necessary and desirable for residents of the project. If the PUD incorporates any amenities for the benefit of the Town, such as trail connections, these shall be constructed within the first phase of the project,or, if this is not possible,then as early in the project as is reasonable. Ord.4-1998 §1; Ord. 13-1998 §1;Ord. 1-1999 §l; Ord. 15-2000 §1) This redevelopment will be constructed in one phase. 1 i Page 134 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) A Amendment to Snowmass Club PUD,Parcel 10, Filing 1,Lot I 1 Sec. 16A-5-340.Preliminary plan. a)Purpose. The purpose of preliminary plan review is for the applicant to formulate detailed, properly designed/engineered solutions to the issues and concerns identified during sketch plan review, and to address, in a detailed manner, all other issues that are relevant to the preliminary plan. For minor PUD applications, where no sketch plan was submitted, the purpose of the preliminary plan is to present detailed, properly designed/engineered plans for consideration by the Town and the public. The burden at the preliminary plan stage is on the applicant to provide detailed information and mitigation proposals to be evaluated by the Town and the public. For any PUD application that also involves subdivision or that requires approval of an amendment of the Official Zone District Map, the application for subdivision or rezoning shall be submitted with, and considered at the same time as,the preliminary PUD plan review. b)Preliminary Plan Review Intent and Issues.The questions the Planning Commission and Town Council should consider in a detailed manner during review of the preliminary plan(depending upon the size and complexity of the proposal)include the following: 1) Response to sketch plan issues and concerns. Has the applicant provided detailed, sufficient and appropriate responses to each of the issues and concerns identified during the sketch plan review? No Sketch Plan was required for this project since it is a Minor PUD. Per Sec. 16A-5-300, this project is deemed as a Minor PUD since the new development contains no more than four (4) dwelling units and no nonresidential space. 2) Zone district limitations. Does the proposed development comply with all of the limitations of the underlying zone district? If the applicant proposes to vary any of the property's dimensional limitations, then does the application comply with all of the applicable standards for granting of the variation? The underlying zone district is PUD where the existing and neighboring buildings were designed as a PUD project. This application is requesting a rezoning of the property to the MF-PUD Zone District. The PUD will conform to dimensional requirements of the MF-PUD Zone District. 3) Comprehensive Plan. Is the proposed development consistent with all relevant policies and recommendations of the Town's Comprehensive Plan? If the applicant proposes a buildout in excess of sixty five percent (65%) of that identified in the Comprehensive Plan, then will the community purposes that are most appropriate to be accomplished by the proposed development be achieved? Zero residential buildouf is identified for this site in the Comprehensive Plan, and thus, the proposed building exceeds 65% of the identified buildout in the Comprehensive Plan. However, the proposed two residential units are consistent with the policies and recommendations of the Comprehensive Plan. It is proposed to redevelop a parcel located in a built up area — not on an undeveloped parcel in a rural area. Even though it is labeled as Page 135 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) A Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I 1 Recreation" on the TOSV Future Land Use Map, it would be more appropriate to label the property as Multi-Family - Residential, in accord with most of the parcels within the Snowmass Club PUD. The proposed two residential units will be clustered with the surrounding condominium and townhouse developments along Snowmass Club Circle and will provide a transition between abutting residential developments. The former clubhouse was constructed in 1985 to serve the golf course and Nordic activities. When the Snowmass Club was redeveloped under Phase II, a new clubhouse at a different location was built, and this structure became obsolete. It has since served in uses varying from a warming but to offices. The property needs revitalization and reinvestment. The proposed units will compliment and add variety to the surrounding residential and recreation use. Its design is compatible to surrounding condominiums in mass, scale, and density. The impacts of the proposed condominium will be less than the existing office use. Careful attention has been made to insure that the design is sensitive to the surroundings. 4) Architectural plans. Are the proposed mass, scale, height, density, volume, materials, colors and detailed design elements of the buildings compatible with, appropriate for or an enhancement of the character of the community and with surrounding buildings? The proposed mass, scale, height, density, volume, materials, colors, and detailed design elements of the proposed two residential units are compatible with the character of the community and surrounding buildings. The architectural style is mountain contemporary, and the dimensions of the building are comparable to the neighboring multifamily structures. The building has varied roof element heights where the highest peak element is 36 ft-4 3/8 in. The units themselves are typical of modern condominiums. In general, these buildings are located outside of the view plane of any of the neighboring buildings, and will not have a negative impact on the neighborhood. 5) Landscaping and open space. Is the type, amount, size, species and location of tproposedlandscapingadequateandsuitableforthedevelopment? Has adequate landscaping been provided as a buffer between uses and around the perimeter of the development? Has the applicant demonstrated that existing vegetation and trees on the 1sitethatshouldbeprotectedwillbesoprotected? Which specific areas of the site will be designated as open space; what is the proposed size, use and landscaping of each area? What are the preliminary plans for the homeowner's association or condominium association to maintain said open space? Efforts have been made to provide a landscape and open space design similar to neighboring properties. The proposed planting plan (see attached Landscape Plan) buffers the proposed building from the golf cart path and the neighboring lots. Of the 17,424 SF of lot area, 12,035.30 SF will be open space, or 75% of the property (52% landscaped area, 7% pedestrian paths, and 16%hardscape area of total lot area). Page 136 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 1 The future homeowner's association will maintain these areas as common areas. Article 4 of the condominium declarations include the provisions of maintaining landscaping and open space located on the lots. In particular, Article 4, Section 4.5, (a) states that the homeowners association is obligated to maintain landscaping, irrigation and general upkeep of all yard areas. 6) Natural hazard areas. What is the site specific location and characteristics of any geologic hazards, steep slopes, flood plains and similar hazards on the property?Will any of these natural areas pose a potential threat to life or property? If so, what specific measures will be employed to avoid,minimize or mitigate these dangers? No natural hazard areas exist on the property. 7) Natural resource areas. What is the site specific location and characteristics of any wildlife habitat areas, riparian areas, wetlands and other valued natural features on the property? What are the anticipated impacts of the proposed development on these features? Has the proposed development been designed so it will comply with the standards of this Development Code that apply to these natural resource areas? The property does abut ponds created for wetlands mitigation during the redevelopment of the Snowmass Club golf course. The proposed development will not affect these ponds. The pond on the northern portion of the property is also designated as a wetland. The wetland consultant NatureTech has determined that approximately 850 SF or 0.02 t acres are jurisdictional wetlands. The wetland on the northern portion of the property is authorized by Nationwide 29 Permit from the U.S. Corps of Engineers which allows wetlands less than 1/10 of an acre to be disturbed. The wetland on the northern portion, which is man-made and of relatively low functional value, will be reconstructed for wildlife and water quality purposes. Please see the attached wetland consultant's report and application submittal. 8) Grading and drainage. What is the extent of soil and vegetation disturbance planned for the site? How will disturbed areas be stabilized both during construction and following completion of the project? Where will excavated materials be stockpiled? Will any retaining structures be employed and, if so, what will be their design specifications and materials? How will storm water be handled both during construction and following completion of the project? The site was previously disturbed when originally developed. Retaining walls will be employed by the southwest and northwest patios, and east side of the golf cart path. Since the construction site is less than one acre, the project is not required to submit a State Storm Water and Fugitive Dust Permit. A Fugitive Dust Permit will be submitted as an additional courtesy. In order to reduce dust generation, the site will be hosed down as needed during excavation and foundation stages with an on site water truck. 9) Transportation impact. How many vehicle trips will be generated, and what is the anticipated public transportation ridership from the proposed development? What is the capacity of the intersections that the proposed development will impact?What will be the impacts of the proposed development on the Town's public transportation system, road Page 137 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I 1 capacities and parking facilities and how will these impacts be mitigated?What measures will the project employ to ensure that following development roadways within the Town will continue to function at the adopted level of service standard?Have roads on and off- site been designed in a safe and efficient manner, to connect the site to other activity areas and destination points? The existing building is used as an office and no on-site parking exists contributing to a traffic impact along Snowmass Club Circle as well as increasing the potential for vehicle/pedestrian conflict. The proposed residential development will generate less traffic than the current office use and will reduce the potential for pedestrian/vehicle conflict along Snowmass Club Circle. Pursuant to the trip generation tables of the Land Use Code, Sec.16A-5-340(0)2, sixteen (16) trips will be generated per day by the two proposed units. In contrast, a commercial office of 1,800 SF, such as what exists currently, generates seventy-two (72) trips per day. The existing parking opposite the proposed development on Snowmass Club.Circle will be utilized as visitor parking for the proposed development and continued to be offered as a community benefit to the neighborhood. The two residential units will have minimal impact on transportation services or traffic. It is likely alternative transportation will be used frequently since the proposed project will be located less than 500 it from a TOSV bus stop, though impact on the transportation services will be minimal due to the relatively small population of the proposed development. 10) Necessary facilities. Has the applicant provided detailed engineering plans and reports demonstrating the type, location and capacity of the water supply, sewage disposal, solid waste disposal, fire protection and other necessary facilities that will be constructed to serve the project? Will these facilities be available in a timely manner to serve the project? All necessary facilities currently serve the subject site. See attached survey drawings for infrastructure service locations. 11) Restricted housing. What is the specific mix and configuration of housing that will be provided to meet the Town's restricted housing requirements?What guarantees has the applicant agreed to provide to ensure that such housing will be available at the time it has been required by the Town? No restricted housing is required as the proposed use for this Multifamily I type development generates less employees than the existing use of office space. 12) Fiscal impact. Will the proposed development have a positive or negative fiscal impact upon the Town and other taxing districts that provide services to it? If the proposal is shown to have a negative fiscal impact, then what measures will the applicant employ to mitigate those costs? The proposed development will not have a negative fiscal impact upon the Town or other taxing districts. The PUD will consist of two residential Page 138 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I 1 units in a built-up area. Essential services already serve the area and the subject parcel, which currently contains offices for the Aspen Skiing Company. 13) Energy conservation. What will be the energy utilization of the significant energy- consuming elements of the project (such as heating systems, swimming pools, saunas, Jacuzzis, etc.). What specific active and passive techniques will the development employ to promote energy conservation and take advantage of solar and alternative energy source opportunities? Passive and active solar techniques are incorporated as part of the energy conservation plan. South facing glazing will capture solar heat gain during winter months while minimizing heat loss through the use of double glazed, Low E coated, FSE certified clad windows. Similarly, the orientation of the building allows for east/west ventilation for natural cooling during summer months. Geothermal is a consideration for heating and cooling the buildings. To ensure energy conservation during construction, SIP panels/modular construction will be reviewed for use on the buildings. Other items that may be utilized include: Engineered lumber, spray-in foam insulation (roofs/walls/floors); Recycled content decking and siding; Environmentally-friendly foundation waterproofing (TuffnDri); Concrete with fly ash content; On-site separation of construction waste. Other conservation methods may include efficient mechanical systems Of high efficiency boilers, dual flush toilets, interior ventilation systems, E-Star appliances, and radiant heating. Interior design may also employ environmentally-friendly materials, such as low VOC paints, adhesives, and wood finishes as well as recycled content floor covering/tile. 14) Air quality. What will be the primary sources of air pollution from the project? What will be the quantity and composition of pollutants that will be discharged on a daily and seasonal basis and what are the dispersal qualities of the site that will affect the pollutants that are generated?What geographic area will be impacted by these pollutants? What techniques will the development employ to reduce the impacts of these pollutants? The two residential units will have no negative impact on air quality. Because this development consists of only two residential units, it has been requested that the Air Quality Impact Report be waived. (Please see attached letter.) 15) Construction management plan. What is the proposed plan for phasing of the project? What is its construction schedule? What measures will be employed to mitigate construction impacts? 1 t Page 139 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing I,Lot 1 This PUD will be completed in one phase within a 15 month period. Mitigation measures will be utilized per TOSV requirements. Please see the attached Construction Management Plan. 16) Community welfare. Does the proposed development in its totality promote the public health,safety and welfare? The proposed development will promote public health, safety, and welfare by pursuing a use pattern which conforms to the immediate neighborhood and will provide a transition between neighboring developments. The number of units is well suited to the 0.40 acre site and will not cause any significant impacts on the neighborhood or immediate surrounding vicinity. The additional residential units may enhance public welfare by increasing social interaction among residents and visitors of the Snowmass Club and replacing an incompatible commercial use. Providing for the required parking entirely onsite will lessen the potential for pedestrian/vehicle conflict along Snowmass Club Circle. c) Preliminary Plan Review Procedure. 2) Submission of application. a. Minimum contents. This application provides the required minimum contents per this land use code. b. Preliminary development plan. A preliminary development plan, which shall include the following: 1. General. Please see the attached ALTA survey. 2. Proposed development. Please see the attached site plan. 3. Surrounding structures. Please see the attached chart comparing the neighboring PUDs. 4.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)Size of commercial space. Proposed square footage of commercial space. d)Floor area. Proposed maximum allowable floor area(FAR). e)Parking. Proposed number of parking spaces. f)Open space. Proposed amount of open space. g)Restricted housing. No restricted housing is required for this project. Please see our responses to Section 16A-77,Standards for Restricted Housing. Page 140 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 Lot Area: 17,424 SF Site Coverage%: 25% Approx. Bldg.Size: 7,987 SF Allowable Floor Area: 13,068 SF Height: 36 ft.-4 3/8 in. Number of Bedrooms: 8 Unit A "saleable SF": 3,724 SF' Unit B "saleable SP' : 3,811 SF. DU/acre: 5 DU/acre Parking: 8 onsite Open Space: 75% 52% landscaped area, 7% pedestrian paths, and 16% hardscape area of total lot area) As defined by Pitkin County Assessor. The term saleable is roughly analogous to the term "heated space," as used by the Assessor. c. Comparison to sketch plan. No sketch plan was required as this project is a Minor PUD. d. Listing of proposed variations. The following variations are proposed: The applicant requests to amend the future buildout analysis chart allocation for the subject parcel by proposing greater buildout, equivalent to 11 units per the Unit Equivalency Chart. Currently,a building consisting of approximately 1,800 SF of commercial space is located on the subject parcel. No dwelling units exist on the property. The proposed Minor PUD will consist of one building with two dwelling units totaling 7,987 SF. e.Architectural plans. 1.Elevations. 2.Floor plans. 3.Block model. Please see the attached plans. Page 141 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot 1 1 f. Landscape plan. Please see the attached plans. g.Fiscal impact report. This project will have minimum impact on community services since the parcel is already developed within a built up area where emergency services already exist. The applicant will pay for all necessary utility extensions and improvements as well as required tap fees. (Please see attached report. h. Solid waste disposal plan. Please see the attached plans. i.Energy conservation plan. Please see our responses to Sec. 16A-4-330. Energy conservation. j.Development in proximity to ski lift. This project is not located within close proximity to a ski lift. k. Open space map. The proposed development is 75%open space (52%landscaped area,7% pedestrian paths, and 16%hardscape area of total lot area). I. Homeowner's or condominium association documents. Please see the attached documents. m.Water supply and sewage disposal. Please see the attached plans. n. Clearing,grading and drainage plans. Please see the attached plans. o. Transportation impact analysis. As part of this application, it is requested that the Planning Director waive this requirement for proposed development because the proposed residential development will contain less than five (5) dwelling units and no nonresidential space or an addition to a ski area. The new development will likely decrease impact on transportation. The current office use generates more traffic than the proposed residential use. Please see attached letter.) Page 142 300 Snowmass Club Circle, Amended Preliminary Plan POD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I 1 p.Air quality analysis. As part of this application, it is requested that the Planning Director waive this requirement for proposed development because the proposed t residential development will contain less than five (5) dwelling units and no nonresidential space or an addition to a ski area. The residential development will likely decrease impact on air quality. (Please see attached letter.) q. Geologic report. A soils report by HP Geotech is attached to this application. No geologic hazards exist on this site. r.Brush Creek impact report. Please see the attached report by Colorado Wildlife Science, LLC. s. Wildlife habitat analysis. The property is located within the Brush Creek Impact Zone. Please see the attached report by Colorado Wildlife Science, LLC. t. Construction management plan. Please see the attached construction management plan by Fenton Construction. 1 1 Page 143 300 Snowmass Club Circle, Amended Preliminary Plan PUD (Minor) & Amendment to Snowmass Club PUD,Parcel 10,Filing 1,Lot I e. STAN CLAUSON ASSOCIATESINc landscape architecture . planning . resort design Project Summary: UNIT A UNIT B UNIT A & B TOTAL SF TOTAL SF TOTAL SF Main Level [including garage] 2195 2151 4346 2nd Level 2105 1237 3342 2nd Level Deck 270 246 516 3rd Level 0 1000 1000 3rd Level Deck 0 246 246 Total SF 4570 4880 9450 Deck Exclusion 270 492 762 Garage Exclusion 350 350 700 Net FAR 3950 4037 7987 Exemption Notes: 12% Deck Exemption 548.4 585.6 1134 Garage Exempt 350 350 700 1 1 t 300 Snowmass Country Club Club Villas Anderson Ranch The Private The Sanctuary Homestead at Fanny Hill Cabins Club Circle Townhomes Townhouses Residence Club Snowmass Parcel 10, Filing Parcel 1, Parcel 3, Parcel 6, Parcel 4, Parcel 4, Parcel 5, 1, Lot 1 Snowmass Club Snowmass Club Snowmass Club Lot 2 Lot 3 Snowmass Club PUD PUD PUD PUD PROPOSED Ord No. 8, Series of Ord. No. 8, Seri. of Ord. No. 8, Series of Snowmass Club Phau 1 Snowmass Club Phan 1 Ord. No. 8, Senn of Ordinance No 23 Series 1980 1980 1980 Replet 2001 end If Replan 2002 1980 of 2004 Ord. No. 31, Series of Ord. No. 31, Series of Ord. No 31, Seri. of Ord. No 31, Series of 1983( Amendments) 1983 1983 1983( Amendments) Amendments Amendments Lt Am 40 acr. 22. 02 foes 10.14 acres 4. 694 saes 1. 378 acres, 2. 548 acme 1. 39 ea. 1. 92 saes DU/. c 5 4.3 7.7 9.8 21. 8 8.6 10. 1 5.2 Permitted Uses Freer Market Fret Market Free- Market Free- Market Fractions] ownership Fractional ownership Employee Housing Free- Market Condominiums Condominiums Condominiums Condominium multi- family condos and multi- family condos and Condominiums and Lodge units Frec- Market Employee Housing Condominums Number of Units 2 94 78 46 30 22 14 10 1 Man Height 36 R4 318 in. 32 ft 47 ft 37 ft 48 R 48 ft 321L Bldg Site Coverage 25% 28% 20% 39% 41% 20% 60% 14% Open Spam 75% 72. 0% 80% 60% 59. 0% 80. 0% 40% 83% Average vumber of 41m it 2hmit 2. 2hmit Mmit 1. 9hmit 2.5/ mit parking spat./ unit t 1 g. PROPOSED VARIATIONS BUILDOUT: The applicant requests to amend the future buildout analysis chart allocation for the subject parcel by proposing greater buildout, equivalent to 11 units per the Unit Equivalency Chart. Currently, a building consisting of approximately 1,800 sq.ft.of commercial space is located on the subject parcel. No dwelling units exist on the property. The proposed Minor PUD will consist of one building with two dwelling units of approximately 3,768 sq.ft.each. The proposed townhouses will encourage sustainable development, diversify and complement the existing multi-family and lodge uses of the surrounding neighborhood, and the rezoning of the property to Multi-Family is consistent with the intent of the Comprehensive Plan. The two unit residential development will redevelop a parcel located in a built up area, not an undeveloped parcel in a rural area. A resident in the proposed development will be able to live and work within a small service area. Recreational amenities,public transit, open space, personal services,and shopping are all located within a reasonable walking distance. Finally, the redevelopment of the property will replace an underutilized building in need of redevelopment. The proposed development will encourage better design by replacing an aging wooden building with a structure that will diversify and complement the existing multi-family and lodge uses of the surrounding neighborhood. The height of the proposed building will be 36 ft 4 3/8 in and will create a transition between the neighboring properties. The proposed residential use will replace an incompatible commercial use with a more appropriate residential use. 1 t 1 SNOWMASS VILLAGEBUILDOUT PARCELS m EAST WOODBRIDGE B71 Wildcat Employee Housing low I s 0 0 B72 Wildoak South low I PUB PUB . PUB 0 0 0 0 0 0 0 B73 Wfldridge Extension ew 1, OS OS 0 0 0 0 0 0 0 E174 Woodbridge Jew I MFR MFR SPA- 1 84 0 84 0 g4 p g X99 0 362 29 362 45 537 Y 3 RODEO a 975 Horse Ranch Community Park r REC RED CON 0 0 0 0' 0 0 0 dx 6 Horse Ranch Conservation( Parcel B) r CON REC CON 0 0 0 0 0 0 B77 Horse Ranch Conservation( Parcel C) r CON REC CON 0 0 0 0 0 0 B78 Horse Ranch Conservation( Parcel D) r CON REC CON 0 0 0 0 0 0 0 B79 Horse Ranch Open Space r OS OS CON 0 0 0 0 0 0 0 B80 Rodeo private r MU RECIMU 0 0 0 0 30 0 1 681 Rodeo OSV r PUB PUB 0 0 0 0 0 0 0t B82 Seven Star Triangle r VACANT PUB N/ A: WA N/ A WA 0 0 Uj 0 0 0 0 30 EAST VILLAGE B83 Cathy Robinson Perk ev PUB PUB . PUB 0 0 0 0 0 0 0 B84 Country ClubTownhomes ev MFR MFR UD 83 837•[ :,; 94 0 0 B85 East Town Entry ev VACANT OS OS 0 0 0 0 0 0 0 B86 Fairway Three ev MFR MFR PUD 0 30 0 30 30 0 0 B87 Hidden Valley ev OS OS OS 0 0 0 0 0 0 0 B88 Hidden Valley Cemetery ev PUB PUB ' PUB 0 0 0 0 0 0 0 B89 Little Red Schoolhouse ev PUB PUB PUB 0 0 0 0 0 B90 - Meadow Ranch ev MFR MFR SPA- 2 60 0 60 0 60 0 0 B91 Meadow Ranch Extension ev VACANT MFR, MF- PUD 0 0 0 0 40 0 0 692 Owl Creek Tovmhomes ev I MFR MFR MU- PUD 32 0 32 0 32 0 0 B93 Snowmass Club Villas lev I MFR MFR PUD 78 0 78 0 78 0 0 N B94 Snowmass Corporation Offices Iev I Mu MU 0 0 0 0 0 895 Snowmass Lend Company Offices ev MU MU , 0 0, 0 0 0 4250 4250 m B96 Snowmass Lodge& Club Golf Pro Shop ev REC REC PUD 0 0 0 0 0 7 B97 Snowmass Lodge& Club Par. 12 ev REC REC/ MF I PUD 0 0 0 0 23 a B98 Snowmass Lodge& Club( Par. 4)' ev NFR/ MU MU PUD 76 0 76 0 60 B99 ISnowmass Water& SanL ev PUB PUB 0 0 0 0 0 56000 B100 SV Maintenance Facility ev PUB PUB 0 2 0 2 2 27508 27508 B101 Two Creeks Base ev COM COM MU- PUD 0 0 0' 0 0 10200 o B102 US West ev PUB PUB PUD 0 0 0 0 0 d LAND USE ZONING 4 OF DWELLING UNITS COMMERCIAL/ OTHER EXISTING AS OF EXISTING- AND DOSTING. I. FUTURE EXISTING FUTURE 1 4.6. 98 APPROVED FUTURE EXISTING FUTURE PARCELSEAST VILLAGE 9/ 19120t— buildout oomp,., raviaed 1 iTOWN OFSNOWMASS VILLAGE PLANNING DEP.ARTMENT Snowmass Village Development Application Fee Agreement The Town of Snowmass Village has established a fee structure for the processing of land use applications as described in the Base Rate Fee Schedule attached hereto. A flat rate tee is collected for land use applications based on the type of application submitted. Referral fees for other Town departments, agencies and Town consultants reviewing the application will also be collected. Applications will not be accepsed for processing without the Ipayment of required base rate fee. The fees vary dependent upon the land use application type and the complexity of the case. The determination whether an application is major or minor for purposes of establishing the Base Rate Fee shall be at the sole discretion of the Planning Director based upon the estimated number of hours required to process the application. The Base Rate Fee for applications which fall into more than one category shall be cumulative unless found that it may be excessive in relation to the estimated number of hours required to process the consolidated application. The consolidated Base Rate Fee may then be adjusted at the sole discretion of the Planning Director. The accrual of staff time commences at the time of the pre-application conference and this time is then deducted following receipt of the flat fee amount provided at the time application is made. The base rate fee is not refundable. More extensive staff review may be required, beyond the hourly rate and time allotted by the base rate fee, as the review time is likely to vary substantially from one application to another. Actual staff and consultant review time of the application will be charged when the hourly rate and review time exceeds the base rate fee amount. A summary report of the charge for processing and review time actually incurred will be provided to the applicant upon request. After the base fee has been exceeded,the applicant will be billed monthly in arrears for actual review time incurred. Current billings must be paid within 30 days or processing of the application will be suspended. An applicant nta) accrue and be billed additional administrative or review time following the final land use approval up to issuance of a Certificate of Completion or a Certificate of Occupancy or until the terms and conditions of the approval have been satisfied,whichever occurs later. if an applicant has previously failed to pay application fees as required; no new or additional applications will be accepted for processing until the outstanding fees are paid. No new land use applications will be accepted, building permit(s)issued or documents recorded with the Pitkin County Clerk and Recorder until all costs associated with the processing of the land use application to date have been paid. As the Applicant or Authorized Representative, 1 ant responsible for paying all fees associated with this development review application and shall be the person designated to receive all billings under this Agreement. READ,ACCEPTED AND AGREED TO: Application(s): PJh ppgt IMINAftY ?LN4 -MwOrz Print Name: SR- Mlles AL-TY jw, 30D 5Newm4s5 Gwb CAP4.t-g Date: 'S It+ I_D Z Applicant o Authorized Representative BASE RATE FEE: 5 q 4T00— _ RECEIPT NO. Applicant billing address: 4JI00 80 ST The Applicant is responsible for no0ing the t Town Planning Department by tt.S.Mail for W-04os1}A1 W1 531 H any change in billing person or billing address: Snowmass Village Plannina Department P.O.Box 5010,Snowmass Village,CO 81615 P.Wlvming'YEE AGPIMENT FEE SCNF.DUI.E 09-25-04.dm Mr. Stephen R.Mills Bear Realty, Inc. 4011 80`" Street Kenosha, WI 53142 26 September 2007 Mr. Chris Conrad,Planning Director t Town of Snowmass Village Planning Department Town Hall 16 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 Dear Mr. Conrad: This letter is to certify that I, Stephen R. Mills,representative of Bear Realty, Inc.,give Stan Clauson Associates, Inc. and its staff permission to represent Bear Realty, Inc. in discussions with TOSV regarding the application for a Preliminary PUD for the property located at 300 Snowmass Club Circle also known as Parcel 10,Filing 1, Lot 1 in the Town of Snowmass Village (TOSV). We have retained this firm to represent us in the application for this project. If you should have any questions regarding this matter, please contact me. Their contact information is as follows: Stan Clauson,AICP,ASLA Stan Clauson Associates, Inc 412 N. Mill St. Aspen, CO 81611 Tel (970)925-2323 Fax(970)920-1628 Very Truly Yours, i 1 S-tephen R. Mills tVice President SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK ASPEN C S N 0 W M A S S_ ASPEN SKIING COMPANY 1 October 2007 Mr. Chris Conrad,Planning Director Town of Snowmass Village t Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Dear Chris: I am an attorney licensed to practice law in the State of Colorado. I am also an officer of Aspen Skiing Company. Snowmass Club Associates, LLC, a Colorado limited liability company, is the owner of the real property located at 300 Snowmass Club Circle also known as Parcel 10, Filing 1, Lot 1 in the Town of Snowmass Village. Aspen Skiing Company is the sole member and manager of Snowmass Club Associates. Aspen Skiing Company consents to the filing of an application for a preliminary plan review of a redevelopment of the above described property by Bear Realty, Inc. Aspen Skiing Company authorizes Bear Realty, Inc., Stan Clauson Associates, Inc. and its staff permission to represent Bear Realty, Inc. in discussions with Snowmass Village town government regarding the application for a preliminary PUD application. Bear Realty, Inc. has retained this firm to represent us in the application for this project. If you should have any questions regarding this matter,please contact me. 1 Their contact information is as follows: Stan Clausen,AICP, ASLA Stan Clauson Associates, Inc 412 N. Mill St. Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 1 Very Tru y Yours, Davi Senior Vice President General Counsel cc: Stan Clausen P.O.Box 1248 Aspen,CO 81612.1248 970.925.1220 www.aspensnowmass.com am LawyqrsTitle jnsurance &porarion ALTA Commitment For Title Insurance American Land Title Association 1%6) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RDFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE t 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-tjd@sopris.net Brandi Jepson-brandi@sopris.net Joy Higens-joy@sopris.net Closing & Title Assistance) Issued By a uyeis tlejnsurance oGp„o_rauon Home Office: 101 Gateway Centre Parkway,Gateway One Riclwnond,Virginia 23235-5153 1-800-446-7086 1 B 1004-268 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: November 9, 2006 at 8:00 AM Case No. PCT210541_3 2. Policy or Policies to be issued: a)ALTA Owner's Policy-Form 1992 Amount$2,200,000.00 Premium$ 1,994.00 Proposed Insured: Rate: Developers STEPHEN MILLS b)ALTA Loan Policy-Form 1992 Amount$0.00 Premium$ 0.00 Proposed Insured: Rate: c)ALTA Loan Policy-Form 1992 Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: tSNOWMASSCLUBASSOCIATES,A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: Parcel 10, Filing No. 1, Lot 1, THE SNOWMASS CLUB SUBDIVISION, according to the Plat thereof recorded in Plat Book 16 at Page 59 as Reception No. 263105. 1 PITKIN COUNTY=,INC. Schedule A-P(3.1 601 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid 970-9251766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: 1 1 1 SCHEDULE B-SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1 1. Statement of Authority of SNOWMASS CLUB ASSOCIATES, LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 2. Duly executed and acknowledged Deed, From SNOWMASS CLUB ASSOCIATES,A COLORADO LIMITED LIABILITY COMPANY To STEPHEN MILLS 3. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 5(Series of 1986) has been paid or exempted. 4. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 5. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 6. Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 1 1 1 1 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded September 21, 1892 in Book 55 at Page 30. 8. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded April 25, 1929 in Book 162 at Page 159. 9. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 31, Series of 1983 by Town of Snowmass Village recorded January 5, 1984 in Book 458 at Page 543. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 10, 1984 in Plat Book 16 at Page 59. 11. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded December 23, 1991 in Book 665 at Page 232. 12. Terms, conditions, provisions and obligations as set forth in Agreement recorded April 9, 1993 in Book 708 at Page 354. 13. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 3, Series of 2002 by Town of Snowmass Village recorded July 9, 2002 as Reception No. 469685. 1 ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT210541-3 SELLER: SNOWMASS CLUB ASSOCIATES,A COLORADO LIMITED LIABILITY COMPANY BUYER: STEPHEN MILLS The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: NONE REQUESTED For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00 Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE:A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) 1 1 1 1 ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: 1)The Deed of Trust, if any, required under Schedule B-Section 1. 2)Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence(including a condominium or townhouse unit)(i)of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy.A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided"Gap Coverage". Pursuant to Senate Bill 91-14(CRS 10-11-122) a)The Subject Real Property may be located in a Special Taxing District; b)A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088(CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123(HB 01-1088),this is to advise: a)There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from tthesurfaceestateandthatthereisasubstantiallikelihoodthatathirdpartyholdssomeorallinterestin oil, gas, other minerals or geothermal energy in the property and b)That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. 1 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 1 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 REFERENCE:PCT21054L3/STEPHEN MILLS 1 1 1 1 1 1 LN,LANDAMEPICA Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company, Lawyers Title Insurance Corporation,Title Insurance Company of America, Transnation Title Insurance Company,Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company,ATACO, Inc.,Albuquerque Title Company, Atlantic Title&Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency;Charter Title Company of Fort Bend, Galveston, and Sugadand;Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston,Washington,Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title&Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, El Paso,Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/Lawyers Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title,Texas Title Company,Title Transfer Service, Inc.,TransOhio Residential Title Agency,Transnation Title& Escrow, Union Title Agency, University Title Services,Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop, Inc. Form 3391-6 (May 200 1) 1 1 1 LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. 1 Form 3391-6 (May 200 1) 1 1 Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: Information we receive from you, such as your name, address, telephone number, or social security number; Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. 1 1 1 1 ISSUED BY COMMITMENT FOR TITLE INSURANCE a"ersTide Insurance @post on LAWYERS Title Insurance CORPORATION, a Virginia corporation, herein called the company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION USE Attest: Secretary t9xs +o ry r (_ By: President Conditions and Stipulations 1. The term"mortgage,"when used herein,shall include deed of trust,trust deed, or other security instrument. 1 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the forth of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment-1966 Cover Page Form 1004-268 ORIGINAL 1 THE SNOWMASS CLUB SU IVIS/ ON PARCEL / O, FILING /, LOT / Secllo 3/, TmrnaAlp 9 Soelh, RCipe 83 West, 6M Principal Afwidlmr. pro-y°•- s' i•=.. rsmneaamaau aelar lafAbLwlwW r w..r r..w j SHE UNITED STATES OF AMERICA; H pq hy all to Ries taco>f%vmztb Shan wm% 41 m I bsEi9ow6a Na_ ram* da/dspaksd b¢. Braa•d/asd o w qr as bafbd Bbeea o Cwtoo Ae d 6s$wow n/a.coed o4la y i Aa¢L•-G*de__.___iwl°"EJ,a,moayrMlnrrl paywtat"CUM+wsd.arw K+8 N JAI wemfatYa d a$del</6bVr d W 144 of dw4 7880.Ld nralAV A,-Mo pro. Ar/N W ynslrfenlb'do sre4 deb PubMe LoW aad Ada*arpplmmw tdustq JA. f" O ," n fm as mfrs s^:-'yr.tJ.t::.:-U r 1:i:v'..:•.:. y..yr .rrG+f'<Z.ti!!i!i!r..rl!• f r 6 i2rvls!dfriv.cr,.cof4_G°X.iJr c d'u tl ia77.• 4i ov u•s;;y/.: ;r U.slr'`...-!/•./Jl.1lN!'r.''..1..arr rr n-.:rcern• .i. O,FICIH!/!!O BA'!1J</1/LLri rL[t!'X!i C• •- 'p t26~ r l.6NG ltllLGG T n:!!l II a awwdbl toad o1oa rw d J/N I i rAd 9"Nw! 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GrOO4W: g; Ag, Patent based on Glenwood Springs pteemptian' eask eats? 10010'+ laseed Agr11 $ 71440 tblBUdOthe south half ofrLhe southwest Hgssl tarwof Sett oa thirty- L2is ROto+ am A0 on eighty- five wsat of the Sixth Priacipai Maridea, Colorado, containing = a hamareA 1 in Range. isty- nine acres sad fifty- five hundredths of an goes, aoaoraing to the Piati of the Sarvq. at gala Luna app o. od .. ptm* dr w, Mc. ara{ a, gggg, 3; abe1 Jawatt, present owner. has reoonveyed said lands to the United Stj{ tew asap quested that a new patent be issued to her for the lands iatenaed to have been soaveTaa o d patent asserabed as the trot One of Seatlon cue in Township tan south and the list two of, f section thirty- six in Township nine ' south all in Aange e1917AJ six xeat; gad the 7. ot. . %, -, ,: five of Section thirty- Oita in Township nine south and yhs Lot five of' Sestioa six wit 2 hip taft south all. in Range eighty- five wet of the Sixth Priusipel 11eridan, Colerads0 ooniais jig one hundred aizty- one acres and twenty hundredths of an' aore, acosrdUW to the PIA% S. Of Bs yay of said l__ aG approved Deoember EE, Bareh 3I, and JV- 17 8, X891: That there, therefore tsd b the UNITED STATES unto the said :: Les, j{ OU KNOW YS, gran y H ewett. the tracts of Land last sbwve described; TO HAYS AND TO HOLD the said trusts e2 pith tha appurtenances thereof unto the said ) ULBEL J and to her hairs and issigas forsxe L`.. 1 bject to any vested and noosed water rights for mining, a r± aniturel, e or o rpores, and rights to ditches and reservoirs. used in Connection With each caster rlsht. ap. e recoinisel and acknowledged by the loeal customs, laws and decisions of courts; s reserved from the lands hereby granted a right of way hero On ipr alteh. ar Lraoted by the authority of the Baited States. ' In Testimony Mherect. I. Herbert Hoover. President of the Baited States of America, have cased thcso General Lend Office latterr, to be made Patent$ and the Seal of the General UNA, Q. , Seal. to be kereuato affiael, i Given saner m hamd, at the City Of AaeA. ingtea, ' the Sigetee Day of ARril in the year Of Our Lard One thoaaaad aine. a"' i"' a; tom. Tament--- ULa an i ox vs. ;" 626naaaCe of tts fit" Stang one hxadna' and. FnW- THIRD. Rseorded: Extent Humber By the Presi3ea11a Herb . S° e zcEGaY. s Ry 4va. i. o. arsua i : Y PiZed' Ys. 1e.e nm Tao i or record en y- o p a .[ OICIOGS X04. a .. .,•. L sn aver 9II SILL OT Sala Saex Ali 1[ en By These Preeents, That Pater H. asrpea sea Halle. 8arpea liis. wlfe, if• tks OLV_- . Gouty of Dsaver. Stste of Celorade. partles o2 the flrsa part, fer ssi: ia oeasiderstiom s! • s;.` Declare ( 4IO. 0 lta other gesa gad valuable Coieidaratlone., to them in baaa pala. at er• bef M eaeealing or delivery of these press ! te by Chne, tl. Jones and Mirinia A. Jenes.. hls Lf• of the aeaone TA1' + be Tbna{ wi w4-- - ••• TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 03, SERIES OF 2002 THE FINAL PLAN PUD AMENDMENT FOR THE SNOWMASS CLUB PHASE II DEVELOPMENT PROPOSAL, INCLUDING BUT NOT LIMITED TO: 1) CONDOMINIUMIZATION OF 21 MULTI-FAMILY UNITS INTO 118 SHARE TIMESHARES VIA AN ACCOMPANYING SUBDIVISION EXEMPTION; 2)THE CONSTRUCTION OF 21, 118 TIMESHARE OWNERSHIP CONDOMINIUMS AVERAGING 2,618 SQUARE FEET IN SIZE AND CONSISTING OF FOUR 3- BEDROOM UNITS, THIRTEEN 4-BEDROOM UNITS, FOUR 5-BEDROOMS UNITS, AND ONE EMPLOYEE UNIT; 3) AN ACCOMPANYING SUBDIVISION EXEMPTION AND SPECIAL REVIEW USE FOR THE CONDOMINIUMIZATION OF THE 21 UNITS IN PHASE 11 AND A ACCOMPANYING SUBDIVISION PLAT AMENDMENT FOR PARCELS 3, 4 AND 10, INCLUDING A BOUNDARY LINE CHANGE BETWEEN PARCELS 3 AND 4; 4)A REDESIGN AND REGRADING OF THE EXISTING GOLF COURSE TO CREATE A COMPLETELY NEW 18- HOLE CHAMPIONSHIP GOLF COURSE BEING APPROXIMATELY 7,000 YARDS IN LENGTH,INCLUDING THE RE-ROUTING AND RE-NUMBERING OF THE FAIRWAYS; 5) RELOCATION OF THE SOFTBALL FIELD AND EVENTS AREA APPROXIMATELY 250 FEET TO THE WEST, WITH CONVEYANCE TO THE TOWN; 6) CONSTRUCTION OF A NEW 5,357 SQUARE FOOT GOLF CLUBHOUSE WITH GOLF CART STORAGE BENEATH; 7)A NEW 160SPACE PARKING FACILITY TO SERVE THE GOLF CLUBHOUSE AND SPECIAL EVENTS AREA; 8) CONSTRUCTION OF A PERMANENT INDOOR TENNIS STRUCTURE AND A POSSIBLE FUTURE TENNIS CENTERIPRO-SHOP FACILITY; 9)RECONFIGURATION OF THE PHASE I PARKING PROVISIONS TO ACCOMMODATE THE PHASE II PROPOSAL; 10)WIDENING TO MINIMUM 22-FEET, ALONG WITH A STREET WIDTH VARIANCE, AND EXTENSION OF CLUBHOUSE DRIVE TO BRUSH CREEK ROAD AT HORSE RANCH DRIVE, INCLUDING A NEW REGIONAL BUS SHELTER; 11) IMPROVEMENTS TO INTERSECTION AT SNOWMASS CLUB CIRCLE AND CLUBHOUSE DRIVE; 12) STREAM RESTORATION OF BRUSH CREEK; AND 13) IMPROVED TRAIL CONNECTIONS. WHEREAS;the Planning Director previously determined that the proposed Project qualified for review as a Major Planned Unit Development ("PUD") Amendment application in accordance with the procedures specified within Section 16A-5-300(b) of the Snowmass Village Municipal Code (the "Municipal Code"); tand WHEREAS, Resolution No. 6, Series of 2001, was approved on January 20, 1999 following review of the Project's Sketch Plan submission; and WHEREAS, Resolution No. 36, Series of 2001, lJ was approved on I NU Il I1111111I I IIIII INI °w9685MOW SILVIA DiWIS PITNIN C"TT CO Q 135.09 0 0.00 TC Ord.02-03 Page 2 of 10 September 24, 2001 following review of the Snowmass Club Phase II Preliminary Planned Unit Development("PUD") Plan application and granted authorization for The Snowmass Club Associates LLC (the "Applicant") to prepare and submit a Final PUD Plan application; and WHEREAS, the Applicant submitted the Snowmass Club Phase 11 Final PUD Plan (the "Project") application, for Parcels 3, 4 and 10 of the Snowmass Club Subdivision, to the Town on November 16, 2001 and the Planning Director determined that the application was complete and satisfied the Final PUD submission requirements of Section 16A-5-370 of the Municipal Code; and WHEREAS, a 15-day public hearing notice for a Major PUD Amendment was published in the Snowmass Sun on November 28, 2001; and WHEREAS, the applicant submitted verification that a 30-day public hearing notice was sent to property owners within 300 feet of the site and that the property was posted noticing the public hearing 15 days prior to the Town Council meeting on December 17, 2001; and WHEREAS,the public hearing notice was styled to state that the ordinance t considering this application was to be Ordinance No. 6, Series of 2001; and WHEREAS, the processing of this application extended beyond the year 2001;therefore necessitating that the ordinance be re-identified as Ordinance No. 03, Series of 2002; and WHEREAS, the Town Council reviewed the Final PUD application, heard the recommendations of Town Staff, and heard the comments from the general public to consider all relevant materials and testimony in orderto evaluate whether the Project application complies with Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards of the Municipal Code and whether the Final Plan PUD submission by the Applicant has responded to the direction given by the Town as stated in Resolution No. 36, Series of 2001. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, Colorado, as follows: Section One: Findings. The Town Council finds as follows: 1) The Snowmass Club Phase II Final PUD submission is consistent with and sufficiently responds to the direction outlined within the Preliminary Plan approval as described in Resolution No. 36, Series of 2001. 2) The Final PUD submission for the Snowmass Club Phase 11 development is generally consistent with original PUD, has no substantial adverse impact, and does not significantly change the charac ter of the area. C:lwtndows\TEMPITC Ord.02-03 SMC 11 Final PUO.doc I I III VIII III/II Illll II OIIII I„III UIN INI Itll 469685 Ipl II II 1ryl I!` I `NI 1 N II ` G 469 2 5 27 07/09/2002 02:05P SILVIR DAVIS PITKIN COUNTY CO R_135.00 0 0.00 TC Ord.02-03 Page 3 of 10 3) The Final PUD submission is consistent with Section 16A-5-300(c), General Restrictions, of the Municipal Code. 4) The Final PUD submission complies with the provisions of Section 16A-5- 310, Review Standards ("Standards'), of the Municipal Code. 5) The proposal is consistent with "Mixed-Use" land use designation on the Comprehensive Plan's Future Land Use map because the "Club Facility,' the golf course, the recreational amenities, the residential condominiums, and the associated parking are appropriate uses customarily found in connection with a development of this type. t6) The amount of restricted housing which must be provided to mitigate the. employee housing impact of the proposed Phase II development is 5,824 square feet minus the 1,700 square foot credit for the manager's unit granted in Phase I, which equates to a 4,124 square feet of employee housing requirement. Ordinance No. 16, Series of 2001, approved the mitigation of the 4,124 square feet by the construction of employee housing within the ASC's Phase I Vehicle Maintenance Facility on Lot.44 of the Divide Subdivision. 7) The height variance in reconfigured Parcel 4, which allows ten percent 10%) of the roof structure above forty-four(44)feet to a maximum of forty- eight feet, six inches (48'-6") above existing grade, is appropriate in the Final PUD Plan because: 1) It incorporates approximately the same height restrictions granted in Phase I; 2) The plan achieves the "better design" criteria (specifically the provision of concealed underground parking) a pursuant to Section 16A-5-300(c)(6), Community Purposes, of the r g Municipal Code; 3 The granting of the height variance is necessary for that purpose to be achieved; and 4) the development approved under the `o Final PUD Plan is consistent with the provisions of Section 16A-5-300(c)(7), 01 a General Restrictions, of the Municipal Cade. W a a S. R Section Two: Action. tf 1) Final PUD Plan. The Town Council hereby approves the Snowmass Club Phase II Final PUD submission, as described in: 1) The PUD Guide, G t attached herewith as Exhibit"A"; 2) The Construction Management Plan, * attached herewith as Exhibit "B"; 3) The Final PUD submission's overall development map, the site development plans, the landscape plans, they building elevations, the civil engineering drawings and specifications including the drainage plans,the grading plans for the club site and the golf course, the erosion controls plans, the water and sewer plans, the Brush g Creek stream enhancements, the trail connections, the floor plans, the architectural elevations, colors and materials, and the construction N C:NAndem\TEMP\TC Ord.02-03 SMC 11 Final PUD.doc TC Ord.02.03 Page 4 of 10 management and phasing plans,which are on file in the Town's Community Development Department and Town Clerk's Office; and 4) all other documents as set forth in the Final PUD Plan application dated November 16, 2001, as may have been amended during the review process, and are on file in the Town's Community Development Department and Town Clerk's Office,as more particularly described in Exhibit"C"attached hereto, which collectively are incorporated herein by this reference as if setforth at length, subject to the Conditions described in Section 3 below. Further, that said approval grants authorization for the development of: a. Twenty-one (21) 1/8 fractional ownership condominiums averaging approximately 2,518 square feet in size and consisting of four (4) 3- bedroom units, thirteen (13) 4-bedroom units, four (4) 5-bedrooms units, and one employee unit; b. A redesign and re-grading of the existing golf course to create a completely new 18-hole championship golf course being approximately 7,000 yards in length, including the re-routing and re- numbering of the fairways; c. The creation of a 5.344-acre parcel to be conveyed to the Town enabling the relocation of the softball field and events area approximately 250 feet to the west of its historic location; d. A new golf clubhouse of approximately 5,357 square feet with golf cart storage beneath; e. A new 150-space parking facility to serve the golf clubhouse and special events area; sr a f. A permanent indoor tennis structure; if)DOW g. A reconfiguration of the Phase I parking provisions to accommodate m g° the Phase II improvements;v n m$ ' h. Widening the existing Clubhouse Drive road surface to a minimum :i width of twenty-two(22)feet and further extending said road northerly 1-2 to Brush Creek Road at Horse Ranch Drive; L Anew regional bus shelter near the intersection of Clubhouse Drive 8 and Brush Creek Road; j. Improvements to the intersection at Snowmass Club Circle and Ma Clubhouse Drive; k. Stream restoration of Brush Creek; and a C:WAndowslTEMMTC Ord.02-03 SMC II Foul PUD.doc a TC Ord. 02-03 Page 5 of 10 I. New and improved trail connections as well as easements for existing and new trails within the PUD. 2) Height Variance. The Town Council hereby approves a height variation in Parcel 4,for the Phase II condominium buildings,of forty-four(44)feet,with a provision that ten percent(10%) of the roof structure may exceed forty- four (44) feet up to a maximum of forty-eight feet, six inches (48' — 6°) above existing grade, and allows such height restriction to apply to reconfigured Parcel 4 of the accompanying subdivision plat amendment, which re-subdivides Lot 8, Filing No. 4, Parcel 3, The Snowmass Club Subdivision, as described in the Final PUD Plan. Section Three: Conditions. The approvals granted within Section Two above shall be subject to the following conditions: 1) The property shall be remain zoned Planned Unit Development ("PUD") and all previous notes, restrictions, terms and conditions of the Snowmass Club PUD and Snowmass Club Subdivision shall remain in effect except as specifically amended or superceded by the terms, conditions and development parameters that are specked within this ordinance and the attached PUD Guide as they relate to this development. 2) The owners of the fractional units are not eligible to obtain resident parking permits for the public parking lots per the meaning of Section 8-25(1)of the Municipal Code. 3) The Applicant shall fulfill the provisions of the Department of the Army Corps of Engineers Permit #200175238, dated November 1, 2001, 8 including the general and special conditions. lu g 4) The Applicant shall fulfill the requirements of the conditional approval 0D granted by the Federal Emergency Management Agency (FEMA) on m November 19, 2001 and, upon completion of the project, as described in g the Conditional Letter of Map Revision(CLOMR)application,shall supply to FEMA, after subsequent review by the Town's Planning Director, the data listed in the FEMA letter. Such data includes: 1) The detailed application and certification forms, including the"Revision Requester and Community Official Form;" 2)The detailed application and certification forms that may be required 9 as-built conditions differ from the preliminary plans, such as Z=g the "Riverine Hydraulic Analysis Form," the "Riverine/Coastal Mapping Form," the "Channelization Form," and the "Bridge/Culvert Form;" 3)Any processing fee(s) required by FEMA; and 4) As-built plans, certified by a registered professional engineer, of all proposed project elements. Q S C:WndowslTEMPITC Ord.02-03 SMC II Fiml PUD.doc j b TC Ord. 02.03 Page B of 10 5) Prior to the issuance of building permits for the clubhouse and the condominium buildings,the Town Engineer and the Public Works Director shall review and approve the final road design, drainage, water quality grading, erosion control plans and trash enclosure design and locations for compliance with applicable Municipal Code standards. 6) The erosion and sediment control plan shall be reviewed periodically bythe Planning Director and the Town Engineer during the construction process to ensure that the mitigation efforts are effectively controlling erosion and sediment run-off. The Applicant will respond to any changes requested by the Town that are deemed necessary to control erosion and sediment run- off to the satisfaction of the Town. 7) The applicant shall install either speed bumps, rumble strips or slight grade changes on the golf cart paths to alert golfers of the crossing on Snowmass Club Circle, in addition to the landscape islands, white striping and traffic calming signs. 6) Warning signs shall be placed near the approaches to the shared public trail/golf cart paths and where the paths enter onto the golf course as directed and approved by the Public Works Director. 9) The applicant shall construct the golf course for consistency with the approved Master Grading Plan prepared by the James J. Engh Golf Design Group, Inc. last updated January 31,2002,the colored and revised grading plan of Fairway#5 dated January 24,2002,and the enlarged scale version of the proposed Fairway #5 grading and staking plan dated February 7, 2002, however, that the Applicant shall make an effort to implement field adjustments, where possible, during construction to reduce the height of width of any approved berming so as to improve views of the golf course from adjacent properties. The Planning Director shall inspect the 16 reconstructed, redesigned and re-graded golf course, as may be modified cn CON o by the Applicant, prior to seeding to ensure that it is consistent with the to owl approved Final grading plans or the improved condition as may be field n m modified. If the Planning Director determines that the Applicant is not n complying with the Final grading plans or making an effort to further improve the views of adjacent owners, where possible, the Planning Director shall bring the matter to the attention of the Town Council. If the '= Town Council determines that an improvement is warranted, the Applicant shall make the necessary adjustments within a time frame as specified by the Town Council or the Planning Director. Surveyor verification of the c finished topography may be required as determined necessary by the Planning Director to verify consistency with the approved plans. a 10) For so long as Parcel 10 of the Snowmass Club PUD shall be used as a golf course, access to the golf course shall be available to the general public. N C:tMndom\TEMP\TC Ord.02.03 SMC 11 Fin2l PUD.doc 1 TC Ord.02-03 Page 7 of 10 11) Under the direction of the Planning Director, inspections of the trails and connections shall occur to ensure that they are consistent with the improvements represented in the application. If the Planning Director determines that the Applicant is not meeting the intended design character, the Planning Director shall bring the matter to the attention of the Town Council. If the Town Council determines that an improvement is warranted, the Applicant shall make the necessary adjustments within a time frame as specified by the Town Council or the Planning Director. 12) Under the direction of the Planning Director, inspections of the visual/aesthetic character of the reconstructed and enhanced Brush Creek and the remaining site development on the property shall occur to ensure consistency with the improvements represented in the Brush Creek Impact Report. If the Planning Director determines that the Applicant is not meeting the intended design character,the Planning Director shall bring the matter to the attention of the Town Council. If the Town Council determines that an improvement is warranted,the Applicant shall make the necessary adjustments within a time frame as specked by the Town Council or the Planning Director. 13) Under the direction of the Planning Director, periodic reviews in the field of the construction details associated with the project shall occur as reasonably necessary to determine compliance with the design character standards specified within the Final PUD approval. The Applicant shall make field adjustments if such adjustments are determined by the Planning Director to be necessary to comply with the Final PUD. The Planning Director may refer matters of this type to the Town Council for direction as n necessary to ensure consistency with the representations made by the Applicant during the PUD review process. u1 pNm 14) Certain refinements, modifications, or amendments to the Construction to o Management Plan may be required by the Town in response to Impacts, gm complaints or concerns which were not apparent at the time application ere m was made. In addition, the Applicant may find it necessary to notify the Snowmass Village Community Development Department of necessary additions, modifications, or amendments to the plan during the course of construction. The changes may be permitted with written approval of the R Planning Director, who may refer the matter to the Town Council for final determination. 15) The applicant shall implement the recommendations from their wildlife report in the Preliminary Plan application with the exception being that the applicant and the Town shall not be required to provide terrestrial wildlife monitoring of the site, subject to condition 17 below.a 16) The applicant shall provide habitat improvements as defined on Sheet J C:WindOwsCTEM%TC Ord.02-01 SMC 11 Final PUD.tloc TC Ord.02-03 Page 8 of 10 1.1.01, Brush Creek Stream restoration,for the following species of birds: 1. Song Sparrow; 2.MacGillivray's Warbler, 3. Cordilleran Flycatcher;and 4. Yellow Warbler. 17) The applicant shall enter into the following agreements: a) Subdivision Improvement Agreement,which guarantees the installation of new water and sanitary sewer utility lines; electric, gas, telephone, and cable TC facilities; landscaping and storm drainage improvements, including the Brush Creek stream channel improvements; vehicular bridge crossings; trails and trail easements; Clubhouse Drive improvements, including the regional bus shelter;electrical service to a Nordic grooming shelter; parking reconstruction; a fire access lane for the Phase II condominiums; athletic field grading and conveyance; traffic control; and maintenance, repair and default provisions. b) Recreational Use Agreement,which describes the non-member resident in the Town of Snowmass Village)golf course green fees; public use of winter recreation areas, including a license for the setting of winter-use trails; pedestrian trail bridge crossing improvements; a potential underpass easement beneath Clubhouse Drive; the designation of a winter trail maintenance vehicle storage site; ancillary rights pertaining to usage of the athletic field, including access provisions on Clubhouse Drive, and closures for special events, and irrigation provisions for the field;a future Brush Creek Road underpass easement;and the method IF and timing for determining the need for the contingency parking. g m m ,in N.0 m 08.i c) Employee Housing Agreement, which would covenant restricted FQ0 11"n employee housing in a portion of Parcel 12 (Club Commons), the co S° manager's unit in Phase I, and the manager's or engineer's unit in the n we o ' north Phase II condominium building for employee housing to the benefit of the Town. d) License Agreement,which permits the underpass crossing,the golf cart crossing and related improvements, and the parking spaces within the tSnowmassClubCircleright-of-way. e) Reservation of Easement Area and Termination of Ancillary Improvements Agreement, which would grant the Town a reservation right to secure land necessary to allow for a future improvement of the intersection of Brush Creek Road and Highline Road once a final design is completed and terminate the Ancillary Improvements Agreement for 00 a Phase 1. e Said documents shall be in a form acceptable to the Town Attorney, executed and recorded, at the Applicant's expense, with the Pitkin County Clerk and Recorder prior to issuance of any building permit. c:wndom\TEMP\TC Ord.02.03 SMC 11 Flnal PUD.doc TC Ord.02-03 Page 8 of 10 18) The applicant shall complete all actions or matters, which in the opinion of the Planning Director and the Town Attorney, are necessary to satisfy or dispense with the completion, execution and/or recording of all documents and plans necessary to implement the requirements of this Ordinance and the Municipal Code. Should disagreements arise that cannot be resolved between Town Staff and the Applicant, the matter will be referred to the Town Council for final direction and/or determination. 19) Subsequent to the effective date of this Ordinance,and prior to recording of all necessary documents,the Applicant shall provide two(2)sets of all final plans, drawings, exhibits and documents which shall be retained as a final record of the Snowmass Club Phase II Final PUD approval. The final PUD plan maps and plat shall also be provided in a digital form acceptable to the Planning Director. After review and determination by the Planning Director that the two sets and digital data are complete and fully document the approval granted, one(1)copy shall be provided to the Town Clerk and one 1) will be retained in the records of the Community Development Department. 20) The Applicantwill reimburse the Town for all recording and land use review fees associated with processing this application for the Project. Said reimbursement shall extend to include costs associated with ensuring that the terms and conditions of this Ordinance are satisfied. Section Four: Sevarability. Any portion or provision of this Ordinance determined by a Court of competent jurisdiction to be invalid or unenforceable shall not affect or impair the validity and enforceability of all other portions and provisions of this o Ordinance. rr READ,APPROVED AND ADOPTED,as amended, on First Reading by the g Town Council of the Town of Snowmass Village on the 4th day of March, 2002 rp m o upon a motion by Council Member Mercatoris, the second of Council Member a1 Virtue, and upon a vote of 5 in favor and 0 against. a J,S READ, APPROVED AND ADOPTED on Second Reading by the Town Council of the Town of Snowmass Village on the 8th day of April, 2002 upon a motion by Council Member Virtue, the second of Council Member Purvis, and upon a vote of 5 in favor and 0 against. s TOWN OF SNOWMASS VILLAGE T. Michael Manchester, Mayor a C!Wnda"ITEMMM Ord.02-03 SMC It Final PUD.doc b TC Ord.02-03 Page 10 of 10 ATTEST: 1 •, , ``Tni i Worline, Town Clerk VU APPROVED AS TO FORM: Stephen R. Connor, Town Attorney 1 ffi r ••N N em Ym W wpBC zoA O G G BB a1N Q z YH 4 b O a CAwindowslTEMP1TC Ord,02-03 SMC 11 Final PUD.doc 1 EXHIBIT A The Snowmass Club Phase 11 P.U.D. Amendment Tc Ord.02.03 Planned Unit Development Guide Page' °f' A. Parcel 10, The Snowmass Club Phase I and II Replat 1. A regulation, 18-hole golf course will be maintained by Snowmass Club Associates(SCA)or its successor on Parcel 10. Short-term deviations of the number of holes in play are allowed for maintenance and improvements. winter sports aeuvittes are allowed as conditions allow. 2. A new Golf Clubhouse of approximately 5,357 square feel of above grade and 5215 square feet of below grade cart storage is allowed.The proposed lounge and outside seating area could be used for expansion of the clubhouse In the future. 3. Accessory buildings including pump station shelters and golf player comfort stations used for the operation of the golf course are allowed. 4. Development Standards: Parcel Size: 179.757 acres more or less Permitted Uses:Regulation 18 hole Golf Course and Golf Clubhouse, Accessory buildings related to the operation of the Golf Course, Tree Farm, Recreation and Open Space. Maximum Clubhouse Building Height:32 feet above finished grade. Required Parking: 150 spaces. The 150 space parking lot at the Golf Clubhouse will mitigate the required alternate parking n requirement for the Snowmass Club PUD Phase I t4 8 Employee Housing and will allow the removal of the c temporary parking lot provided. gyr Parking Surface Area: 59,700 S.F. more or less Roadways and Driveways Surface Area: 38,800 S.F. more or less B. Parcel 10, Filing 1, Lot 1 1. The existing building situated on Parcel 10, Fling 1. Lot 1, also known as the oldg clubhouse will be primarily be used for the property management of the Snowmass a Club Villas, Nordic operations, offices for Snowmass Club Employees, and a Comfort Station for the golf course. 1 EXHIBIT A TC Ord.02.032. Development Standards: Page 2 of 7 Lot size: 40 acres more or less Permitted Uses:Offices, Nordic Operations, Goff Course accessory building. Required Parking: 26 to 28 spaces along Snowmass Club Circle in proximity to the Fairway Center will be maintained by SCA. The spaces are available year round for use by the Fairway Conference Center, the Parcel 10, lot 1 building, and Other Parking Surface Snowmass Club operations. Area on lot: none C. Parcel 10, Tract A, The Snowmass Club Phase I and II Replat I. Tract A is a subdivided parcel of land to be used for recreational and special event Purposes. The parcel will be dedicated to the Town of Snowmass Village by SCA. The minimum land area for the site will be 220,000 square feet The main access to the site will be from Clubhouse Drive. A recreational softball field will be constructed by SCA and there after be maintained by the TOSV. 2. Development Standards: Parcel Size: 5.344 acres more or less Permitted Uses:Special Events and Festivals, Recreation and Open Space, D. Parcel 4, The Snowmass Club Phase I and II Replat N co1. The Snowmass Club Phase I and II Replat, Lot 1, Is a re-plat of Parcel 4 of the to Snowmass Club Subdivision, as recorded In Plat Book 52 at page 79 County of rn Pitkin and Plat Book 55, Pages 15-25 County of Ptkin. Lot 8, Filing 4, Parcel 3 with Snowmass Club PUD Lot 1, and the subdivision exemption of this re-plat create a Lot 3 for the purposes of a time share estate. The North Condominium building and the South Condominium are situated on Lot 3. Ownership shares may be sold in fractional interests as provided in the Condominium Documents. The North M Condominium Building contains one employee dwelling unit that will be restricted by covenant. 2. Lot 2 contains 30 fractional ownership dwelling units. The units were constructed In S=_ Phase I of the Snowmass Club P.U.D. Amendment and are not part of the Snowmass Club Phase I and 11 Replat. Lot 2 is included in this PUD Guide only for the purpose of providing comprehensive general information for the Snowmass Club P.U.D. GOES m 1 ------ ---- EXHIBIT A TC Ord.02-03 Page 3 of 7 3. SCA will maintain and operate eleven outdoor tennis courts in the re-plat of Parcel 4 of the Snowmass Club Subdivision. A tennis bubble will be maintained by SCA or its successor until such time that construction of a permanent Indoor tennis structure has begun. t 4. Lot 1 contains one dwelling unit. The 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 11 P.U.D. Amendment will restrict by covenant the dwelling unit pursuant to Resolution no. 36 Series 2001 approving the Snowmass Club Phase II Preliminary Plan P.U.D.Amendment. t 5. Lot 1 Development Standards: Lot Size: 18.854 acres more or less Permitted uses:Athletic Club, Restaurant, Tennis Complex, ChildCare Facility, Offices, Restricted Housing. Number of Units: 1 Unit Size: 1,691 square feet more or less t 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 mNumberofIndoorL0em2 i Tennis Courts:Im '4«e Tennis Cn o Building Site d n o g Coverage: 15,368 square feet more or less Maximum Tennis Building Height:44 feet above grade and 10 percent of the structure may W exceed 44 feet with a maximum height of 48 feet. 8 Athletic Club and Restaurant Site Coverage: 24,500 S.F. more or less Open Space Percentage: 95.0 percent more or less N Athletic Club and Restaurant Parking: 56 spaces. i EXHIBIT A TC Ord.02-03 Club Surface Page 4 of 7 Parking Area: 15,000 square feet more or less North Surface Parking: 40 spaces. North Surface Parking Area: 10,800 square feet more or less Roadways and Driveways Surface Area: 45,200 S.F. square feet more or less Landscaped Area: 551,412 square feet more or less Additional Requirements: Vertical articulation in the in the east and west elevations will be provided and shadow lines will be incorporated into to roof details. 6. Lot 2 Development Standards: Lot Size: 1.378 acres more or less Permitted uses:Fractional ownership multi-family condominium dwellings. t Number of Units: 30 Bedrooms per Unit: 2.53 Average Unit Size: 1,790 square feet more or less m N Condominium o Building W n cSiteCoverage: 24,288 square feet more or less Cn ;a D Open Space a m as- Percentage: 59.5 percent more or less Maximum Building Height: 44 feet above grade and 10 percent of the structures may exceed 44 feet with a maximum height of 48 feet. Required Parking: 30 underground spaces. r Parking Surface Area on lot: none Landscaped Area: 35,738 square feet more or lessor 1 N 4 7. Lot 3 Development Standards: EXHIBIT A TC Ord. 02-03 Page S of 7 Lot Size: 2.548 acres more or less Permitted uses:Fractional Ownership multi-family condominium dwellings, Open Space. Humber of Units: 22 Number of Unit Types: 4)3-bedroom units, (13)4-bedroom units, (4)5-bedroom units, and (1)2-bedroom employee unit Average Unit Size: 2,518 square feet more or less Building Site Coverage: 22,231 square feet(outside face of wail at grade) more or less Open Space Percentage: 80.0 percent more or less Maximum Building Height: 44 feet above grade and 10 percent of the structures may exceed 44 feet with a maximum height of 48 feet 6 inches. Required Parking: 42 underground spaces. Parking Surface Area on lot: none Roadway and Driveway Surface Area: 8,010 S.F. more or less n mh Landscaped Area: 80,750 square feet more or less U.) o N Co Minimum Stream tD Setback: None, two o Additional Restrictions: No outdoor hot tubs and only gas fireplaces are allowed. t E. Parcel 3, Filing no. 5, Lot 10, Snowmass Club Subdivision PUD 1. Lot 10, Filing no. 5, Parcel 3 contains the Fairway Conference Center and is owned and operated by SCA. The lot is not of this application except for the operating commitments pursuant to Resolution no. 36 Series 2001 approving the Snowmass Club Phase It Preliminary Plan P.U.D. Amendment. b 5 EXHIBIT A TC Ord.02-03 2. The Conference Center can be operated for the following uses: Page a of 7 a. Civic Organization events and meetings. b. Villas related conferences and groups. c. Public or Private functions with valet parking service. F. Parcel 12, Snowmass Club PUD 1. Parcel 12 is a re-plat of parcel 12 of the Snowmass Club Subdivision PUD containing a total of 4.214 acres of land,more or less. The Restricted Housing Complex, known as Club Commons, is deed restricted under the Employee Housing Restriction document The parcel also contains the Golf Maintenance Facility. 2. Parcel 12 is accessed from the north and south entrances of Clubhouse Drive. Access will be maintained by SCA-Winter use of Parcel 10 may restrict access from the North entrance of Clubhouse Drive as provided for in the Snowmass Club Phase II Subdivision Improvement agreement.Additional restrictions may be allowed pursuant to any special events and festival easement agreements with the TOSV. Access from the South entrance will be year round provided by Easement agreements between SCA and the Snowmass Water and Sanitation District (SWSD). 3. Restricted Housing: Lot Size: Refer to Employee Housing Restriction document. Permitted uses:Restricted Housing, Property Management offices. t Number of Units: 61 m Number of Bedrooms: 154 m S m to Total Unit S.F.: 39,559 square feet more or less. t. o ass Building fi Site Coverage: 16683 square feet more or less. e Open Space Percentage: 79.8 percent more or less Y Maximum Building Height: 41 feet above finish grade Y Required Parking: 64 spaces. o Parking Surface o Area: 22.200 square feet more or less w 6 EXHIBIT A 4. Gott Course Maintenance Facility TC Ord.o2.03 Page 7 of 7 Lot Size: Refer to Employee Housing Restriction document Permitted uses:Maintenance Facilities, Offices and Repair Shops, Fuel Farm, Storage. Building Site Coverage: 13,340 square feet more or less. Open Space Percentage: 86.8 percent more or less Building Height: 21 feet above finish grade Required Parking: 16 spaces Parking and Maintenance Surface Area: 15,200 square feet more or less 1 1 1 146g685itdl 1100a 12W I ll tlr l l s 00 2 P t N VIirI 0 1 I RVII I , tY 7 EXHIBIT B TC Ord.02.03 Page 1 of 6 COMPREHENSIVE CONSTRUCTION MANAGEMENT PLAN Snawmass Club Phase II Final Plan PUD Amendment As requested, the information provided below is intended to augment and clarify the proposed construction sequence and scheduling for the Snowmass Club Phase II project as outlined in the Construction Management sexton of our Preliminary Plan submission. In addition,this comprehensive plan includes construction management conditions pursuant to the Preliminary Plan and other land use approvals for this development project. Construction Schedule Summary This revised schedule is subject to review and change due to the variables associated with a project of this size and complexity. Some of these variables include the length of the approval process and governmental approvals,weather, and economic outlook.Although the construction schedules of each Individual portion of the project may overlap, clarification is given as to the importance of the actual sequencing of the work. The various components of the project are listed below in the sequence of their respective start dates. 1. Utility Infrastructure: Relocation of a main sewer line will need to be completed prior starting construction work on the Condominium Buildings. Utility work Can be started with minimum disruption to the existing Club operations and is anticipated to start this fall of 2002. Water and sewer line work can not be executed between mid•Novembar and Mid-April. 2. Indoor Tennis Structure: Due to the proposed location of the Condominium buildings at existing parking,the buildings can not be erected until the new club parking lot is in place.For this to occur,the existing tennis bubble must first be removed. SCA has commihed to tmaintainingcontinuousindoortennisplay. This will require that the new Indoor tennis facility be in place and complete prior to the demolition of the existing tennis bubble. Construction of the new facility started in November 2001 and is to be completed by May 2002.Demolition of the existing bubble and construction of the new parking area would occur in May 2002 3. Golf Course: Work started in October of 2001. The work proceeded until December 2001. No construction work will be performed on the course between December and April 1. The course would be closed all of the 2002 season, and with an additional growing period in the spring of 2003 would allow for an opening date for summer 2003. 4. Golf Course Clubhouse: It is anticipated that this 8-month project will start in the spring of t2002andbecompletedlatein2002. This would provide an opportunity to finalize the coordination landscape work with the golf course in the spring of 2003. 5. Brush Creek Improvements: The grading work for the new stream channel will be completed in the spring of 2002. It is anticipated that the additional stream work. including the stream channel bed material placement, rock weir placements, and stream bank re- vegetation will start in late June 2002 and be completed by October 2002. 6. Condominium Buildings: Construction on the buildings is anticipated to start in 2002 and be completes in the spring of 2004. lIIICIIIIIIlIIII I III VIII III E IIIII JI 111 696290 RECVEn f JAN s D 1001 e2:05P SILVIA DAVIS PITKIN COUNTY CO R 133.00 D 0.00 Snimmes Village Commlmity Devwonma t EXHIBIT B TC Ord.02-03 Page 2 of 6 7. Construction Hours of Operation:During the ski season, haul trucks will not operate except between the hours of 9:00 am and 3:00 PM. All heavy equipment will be limited to no earlier than 7:30 am for warm-up and may not commence operations before 8:00 am. For all other construction activities, the hours of operation will be between 7:00 am and 6:00 PM, as required by the TOSV Municipal Code. Phase II Buildings Construction Management Plan Construction Schedule and Phasing As indicated in the schedule below Snowmass Club Associates is committed to the completion of the Tennis Building and new Golf Course. The detailed Condominium schedule is based on current market conditions and anticipated business trends. Changes to these conditions may dictate that the construction schedule for the condominium units be revised.Any substantial changes, revising completion dates by more than twelve months, to this schedule shall be reviewed and approved by the Planning Director. RECEIVED Start Date completion Date Description JAN 3 O 2002 November-01 November-01 Tennis Building site preparation and fencing. &OWn-a33 Village Community Development December-01 May-02 Tennis Building construction April-02 May-02 Condominium infrastructure and utilities April-02 July-02 Golf Course grading including rough grading of the Clubhouse silo and North Segment of Clubhouse Drive May-02 June-02 Clubhouse infrastructure and utilities May-02 May-02 Tennis Bubble Demolition May-02 May-02 North Condominium Building site preparation and fencing May-02 June-02 Athletic Club Surface parking construction June-02 January-03 North Condominium Building construction M2y-02 August-02 Golf Course Irrigation system installation June-02 June-02 Clubhouse Site preparation and fencing. Gravel base for north section of Clubhouse Drive. I IIII I INIIIIII 0696 5 : 2e2 asP SILVIA DAVIS PITKIN COUN 1 EXHIBIT B TC Ord.02-03 June-02 June-03 Clubhouse Construction Page 3 of 6 June-02 August-02 Tennis Building Landscaping installation July-02 November-02 Condominium and Brush Creek Stream Improvements including nature trail and landscape plantings July-02 October-02 Golf Course Seeding and Wetlands mitigation planting September-02 May-03 North Condominium Building Landscaping installation May-03 June-03 South Condominium Building Site preparation and fencing May-03 Octcber-03 South Condominium Building construction May-03 June-03 North Section Clubhouse Drive Construction May-03 June-03 Clubhouse Landscape installation June-03 Golf Course open for play October-03 May-04 South Condominium Building Landscape installation October-03 November-03 South segment Clubhouse Drive Construction RECEIVED JAN 3 0 Z00Z ' Access Snowmass village Community Development The access to the construction site will be from Clubhouse Drive, between the Snowmass Club Circle and Brush Creek Road.Temporary signs will be posted to reroute all non-construction traffic to the Snowmass Club's main entry. Building sites will be secured with a 6 foot security fence shown on the previously submitted drawings with gates that will be locked during non-operating times. Parking Employees of the Snowmass Club will utilize off site parking at Two Creeks Base Facility and be provided with shuttle transportation. Members and individuals using the Snowmass Club facilities will utilize the new parking lot installed where the existing tennis bubble currently sits. Barriers will be provided at the Club parking to control users and employees. All construction parking will be on site at the North and parking lot of the outdoor tennis courts, Material deliveries and workers will be required to use these areas only. Trucks and eouipment for demolition and new construction will be advised to strictly comply with all speed limns and restrictions to prevent hazards to hikers. hikers. golfers, tennis players and other vehicles. IIIIIaI III INIII NI lll llllllllllllllllllllbl /096602 8 COUNTY Co R EXHIBIT 9 TC Ord,02-03 Estimated heavy traffic flows to service road areas are as follows: Page 4 of B 1. Utility and infrastructure Excavation: 10.15 round trips per day Construction Deliveries: 2-5 deliveries per day 2. Golf Course Clubhouse: Excavation 10-15 round trips per day Concrete 5-8 round trips per day Structural Steel 3-12 deliveries per day Construction Deliveries: 2-5 deliveries per day 3. Indoor Tennis Building: Excavation 10-15 round trips per day Concrete 5-8 round trips per day Structural Steel 3-12 deliveries per day Misc. Deliveries 2-5 deliveries per day 4. Tennis Bubble demolition: Excavation:10.15 round trips per day Misc. Deliveries 2.5 deliveries per day 5. Condominium Buildings: nExcavation10-15 round trips per day RECEYVEDConcrete5-8 round trips per day Structural Steel 3-12 deliveries per day Misc. Deliveries 2-5 deliveries per day JAN 3 020t,-- mss village Community Deveiopmard tWetlands Management All indicated wetlands will be observed and action will be taken to preserve these areas with miscellaneous barriers and silt fences.Army Corps of Engineer wetlands mitigation plan and conditions of approval will be followed. Emergency Access, Evacuation and Egress Emergency access will be maintained at the front main entry to Snowmass Club and the back entry from Brush Creek continuing up through Club Commons. During the excavation.two egress routes will be maintained keeping the service road open at all times. 469695 IlI Pago; 21 of 2iIIIIIIIIIIIIIIIIIoil111110009/020 2 02704P COUNTY 00 EXHIBIT B TC Ord.02.03 Staging & Laydown gage s of 6 Construction and silt fencing shall be as shown on attached plans, with all staging and laydown areas on she. Trailers, construction boxes, and temporary sanitary facilities will be installed on site for the duration of the project All staging and storage areas will be surrounded and secured by a 6', limited vision, security fence. Public Safety The safety of golfers,tennis participants and members will be maintained through signs placed at locations around the site and the separation of all public areas by fencing and barricades maintained on a daily basis(see attached she plan), The fence and barricades should prevent unauthorized entry to the site. The Snowmass Club will provide public information for construction schedules, restricted areas, and egress. Site Safety All on site demolition and construction will be performed in compliance with all OSHA regulations. A First Aid station will be available on site at all times,with the Snowmass Clinic, Aspen Valley Hospital and ambulance services locally for all emergency situations. Emergency phone numbers will be placed at all phone locations. Dust and Noise Control Dust from demolition and construction will be controlled by watering as needed. The service road to the site will be scraped and/or swept with equipment on site by the general contractor and subcontractors as seen necessary. The Snowmass Club engineering department will perform snow removal on the service road as previously done in Phase I. Until the completion of Clubhouse Drive, a gravel road base will be maintained and provided to mitigate fugitive and entrained dust. The contractor shall follow the recommendations of the Air Quality Report. The report concludes that no special control techniques are required for compliance with Federal, State and Local Air Quality Regulations and Standards. SCA will contain fugitive dust on site to the extent required by these standards including the Ambient Air Quality Standards and TOSV Land Use Code. All trades will be advised of the requirement that all tools and equipment must have the manufacturers approved sound attenuating devices(i.e. mufflers).All contractors and subcontractors shall not make unreasonable noise pursuant to Town of Snowmass Village Municipal Code Chapter 10, Section 10-101. The above Construction Management Plan will be copied anlor attached to all suppliers and subcontractors purchase orders for compliance. These guidelines will also be discussed at weekly meetings on site with all trades. R.A. Nelson &Associates management staff at our field office 970-923-1332 will handle any concerns or complaints. RECEfirED 469685 a r 2" JAN 13 -ev JAN 3 0 a 0 W Commll^.. n,.a.G.:... w......ant 6LL EXHIBIT B TC Oro.02.0 GOLF COURSE CONSTRUCTION MANAGEMENT PLAN Page 6 of 6 'ED JqN 3 0 iaa Environmental Plan Corrtnun I/rrrage DeV"'opment RBI Golf is a strong supporter in the quality of the environment. We will meet and exceed all basic requirements detailed by the state and federal governments. RBI Golf's environmental plan will include environmental safeguards such as erosion control,dust pollution, noise pollution, pollutants,wildlife, and natural habitats. Quality of the environment effects everyone involved in the project or not, therefore commis will be in place throughout the entire project to ensure that the state of the environment is upheld and improved while constructing new facilities. With the amount of excavation that Is needed to complete a golf course,erasion controls must be In place to eliminate material from getting in environmentally secure areas.There are many ways to accomplish this task and each site will be examined and reviewed to accomplish the best possible means for eliminating erosion in secure areas. In most cases,silt fences and hay bales will be administered to block erosion from seeping Into certain areas. These will be constructed according to the specifications laid out by the U.S Corps of Engineers and the Environmental Protection Agency. If any additional erosion controls need to in place RBI Golf will construct these measures to comply with the standards required by all interested parties. Dust Control With all construction activities,dust and dirt will be a generated. RBI Golf will control these problems by consistent watering of the site when dry conditions exist also sweeping and scraping of the road surface near access areas will help to eliminate dirt from being moved off the site and contaminating city streets. Mud racks will be placed at the exit points to aid in the removal of mud and dirt from trucks.All appropriate forms and documentation and permits will be filed prior to any construction activities and will be posted at the job site and sent to the owner and all Subcontractors. In addition, RBI will follow the recommendations of the Air Oualtty Report m submitted for this project.The report concludes that no special control techniques are required for °o compliance with Federal. State and Lddal Air Quality Regulations and Standards. SCA will In `o n contain fugitive dust on site to the extent required by these standards Including the Ambient Air to H N o t Quality Standards and TOSV Land Use Code. It is the intention of the developer that dust will be pW j •-a° controlled so that it does not leave the construction site. S et omg Noise Control Noise pollution will be controlled by having all equipment and toots in good running order with mufflers and emission control equipment in place.All contractors and subcontractors shall not t make unreasonable noise pursuant to Town of Snowmass Village Municipal Code Chapter 10, Section 10-101. g Regular maintenance will be administered on all equipment to ensure possible pollutants are eliminated. There will be a designated area where all maintenance will be conducted. The area will have a temporary concrete slab poured and shall include a drain and catch basin to contain fluids that may leak from equipment. The maintenance area will also include a fueling station to control possible gasoline contamination of the site. The drain and catch basin will be emptied at s; regular intervals to ensure that there will be no overflow. g a J W EXHIBIT C TC Ord.02-03 Page 1 of 3 Plans and Documents collectively incorporated as part of Ordinance No.02.Series of 2003: Overall Plans: Overall Development Map by Design Workshop dated December 2001 Overall Existing and Proposed Trails plan dated January 3, 2002 and received January 30, 2002 PUD Guide(Exhibit A of Ordinance No. 03,Series of 2002) Comprehensive Construction Management Plan (Exhibit B of Ordinance No. 03, Series of 2002) Golf Course Plans: The Master Grading Plan prepared by the James J. Engh Golf Design Group, Inc., last updated January 31, 2002 (particularly sheets 4 and 5 showing Fairway #5); Other sheets are updated November 7,2001 The colored and revised grading plan of Fairway#5, including east-west cross-section plans, dated January 24, 2002 The enlarged-scale version of the proposed Fairway #5 grading dated February 7, 2002, including a north-south cross-section Brush Creek Grading plans by Design Workshop dated January 8, 2002 showing nature trail connection extensions Clubhouse Plans: The Snowmass Club Clubhouse Design Development Grading Plans by Design Workshop and Lois and Associates updated March 19,2002,showing changes to loading area changes and the stairway to the athletic field The Snowmass Club Clubhouse site development and landscape construction plans by Design Workshop dated February 8, 2002 and design development plans dated December 14, 2001 Snowmass Golf Clubhouse building elevations and floor plans dated October 23, 2001, by Cottle Graybeal Yaw, which were modified and received January 8, 2002 showing expanded locker room areas Planting Plan SubArea 3 plan received January 30, 2002 showing relocations of trees from golf course to berm along north side of Parcel 12 g° The Snowmass Club Phase II golf cart crossing plan of Snowmass Club Circle by Design Workshop dated February 19,2002 ONO Brush Creek Grading plans by Design Workshop dated January 8, 2002 showing nature trail lA .o v connection extensions and Illustrative Brush Creek enhancements dated July 31,2001 Or1 ~ Tennis Structure Plans: a as m m The Snowmass Club Tennis Structure 100% Design Development Grading Plans by Design o Workshop received November 16, 2001 The Tree Screening at Tennis Building illustrative plan received January 8, 2002 The Snowmass Club Tennis Structure site development and landscape design development and construction plans by Design Workshop dated December 21,2001 Tennis Building elevations and floor plans by Cottle Greybeal Yaw dated January 29, 2002 1aQQQ_ ' 3 Condominium Plans: 9MEM; The Snowmass Club Condos 100% Design Development Grading Plans by Design § Workshop received November 16,2001 The Snowmass Club Condos site development and landscape design development plans by Design Workshop, last updated January 28, 2002, Including the revised bridge crossing +a design detalls and the average unit size of 2,518 square feet on the cover sheet a EXHIBIT C TC Ord.02.03 Page 2 of 3 The Snowmass Club Phase II Condominiums' building elevations and floor plans for north and south buildings by Cottle Graybeal Yaw, updated January 16 and 28, 2002 (showing additional employee housing unit In north building) and the modification to the unit layouts incorporating the common hallways Roof height encroachment plan 2002 by Cottle Graybeal Yaw dated December 17, 2001 and received January 8,2002 The Snowmass Club Phase II Material and Color Sample Package for the Condominiums, the Golf Clubhouse, the Tennis Building, and the Bus Shelter dated January 4, 2002 and February 20,2002 Disclosure Statement and Condominium Declarations received November 29, 2001 Other Improvement Plans and Information: The Snowmass Club Road Improvements Plan for Clubhouse Drive by Design Workshop, dated March 11,2002 The Snowmass Club Clubhouse Drive Roadway Improvement Project cross-section plans by Loris and Associates, Inc.,updated February 15,2002 and received February 18,2002. Bus Shelter design detail dated December 20, 1999, which were modified and received January 30,2002 The Snowmass Club Phase II golf cart crossing plan of Snowmass Club Circle by Design Workshop dated February 19,2002 Golf Cart Tunnel Plan View dated January 18, 2002 noting synthetic stucco treatment on concrete support structures Synthetic stucco sample of `River Rock' color by El Ray Pueblo Series Acrylic Finishes received January 8,2002 Concrete color samples of Western Gold and Kahlua from Davis Colors of the integral colored concrete walks,bridge structures, and pilasters for the bus shatter Drainage,Grading and Utility Plans: The Department of the Army Corps of Engineers Permit 8200175238, dated November 1, 2001, including the general and special conditions Brush Creek Grading plans by Design Workshop dated January 8, 2002 showing nature trail connection extensions Preliminary Power Routing/Relocation Plan far golf course Pump House by Enartech, Inc. Preliminary Master Utility Plan by Drexel, Barrell 8 Company dated October 23, 2001 Existing and Proposed on-site Drainage Plan by Drexel, Barrell, Inc. dated October 30, 2001 a o for the Phase II condominium buildings and replacement parking facilities g7 o n Stomnvater Management Plan by Enartech, Inc dated September 24, 2001, W N N. Erosion Control Plan for Golf Course Reconstruction by Enartech, Inc. dated September 24, % D a° 2001 tO Drainage Study for the Snowmass Lodge and Club Phase 2 by Drexel, Barrell, Inc. dated October 31,2001 Drainage Report for Snowmass Club Golf Course Reconstruction by Enartech. Inc. dated a November, 2001, including Figure 5, Drainage Plan and Figure 6, Drainage Details for the Snowmass Club Golf Course O Other Documents/Agreaments: Subdivision Improvement Agreement, which guarantees the installation of new water and 8 sanitary sewer utility lines; electric, gas, telephone, and cable TC facilities; landscaping and storm drainage improvements and other improvements shown on the plans. Including the Brush Creek stream channel Improvements; vehicular bridge crossings; trails and trail easements; Clubhouse Drive improvements, including the regional bus shelter; electrical service to a Nordic grooming shelter;parking reconstruction; a fire access lane for the Phase =2 II condominiums; athletic field grading and conveyance; traffic control; and maintenance, repair and default provisions. Q 1 EXHIBIT C TC Ord.02-03 Page 3 of 3 Recreational Use Agreement, which describes the non-member resident (in the Town of Snowmass Village)golf course green fees; public use of winter recreation areas, including a license for the setting of winter-use trails; pedestrian trail bridge crossing Improvements; a potential underpass easement beneath Clubhouse Drive: the designation of a winter trail maintenance vehicle storage site; ancillary rights pertaining to usage of the athletic field, including access provisions on Clubhouse Drive, and closures for special events, and irrigation provisions for the field; a future Brush Creek Road underpass easement; and the method and timing for determining the need for the contingency parking. Employee Housing Restrictive Covenant, which describes the restricted employee housing in a portion of Parcel 12(Club Commons), the manager's unit in Phase I, and the manager's or engineer's unit in the north Phase 11 condominium building for employee housing to the benefit of the Town. License Agreement, which permits the underpass crossing, the parking spaces within the Snowmass Club Circle right-of-way, the golf cart crossing and related improvements on Snowmass Club Circle, and a traffic island at the intersection of Snowmass Club Circle and Clubhouse Drive. Reservation of Easement Area and Termination of Ancillary Improvements Agreement,which would grant the Town a reservation right to secure land necessary to allow for a future improvement of the intersection of Brush Creek Road and Highline Road once a final design is completed and to terminate the Ancillary Improvements Agreement for Phase I. Access Agreement between the applicant and the Snowmass Water and Sanitation District granting access to guests and invitees onto newly constructed and reconstructed Clubhouse Drive, which is located on the affected parties' properties, in conjunction with vacation of old access easements. 1 1 469685 26 of 1 11101 111113 Page' Z e so SIIIIIIary vts vtlRtw C"" 1 FOR ATTACH ORDINANCE MENTS TO 2002 NO. 03, SERIES OFEXHIBITC11 3SEECENTRALFILE NO. 1 -7_ 196. 16 ss5 Page:1IN111 a 890z03P SIIVIG DWS PI TKIN COUNTY CO R 133.00 0 0.00 T:T '3 '91 10:03 ISPo'4 SUI RO°.,EIiBAal DENVER P.2 a 1 4339860 ! 'f 3/gt t:'; 2(9 ROC 1:70-r`1 i;663 r.r 232 EASEMENT AGREEMENT SNOWMASS CLUB ASSOCIATES, a Colorado general partnership Grantor") , whose address is P.t:. Box 1248, Aspen, Colorado 81612, for and in consideration of Ten Dollars ($30) and other good and valuable consideration, th:i receipt and adequacy of which is hereby acknowledged, does here by grant and convey to the SNOWMASS WATER AND SANITATION DISTRICT, a Colorado quasi- municipal corporation ("Grantee") , whose address is P.D. Box 5700, Snowmass Village, Colorado 81615, a nonexclusive easement for the installation, constructinn, maintenance, operation, repair, alteration, and replacement of underground sanitary sewer lines and underground facilities incidental thereto used for and in conne,tion with the sanitary sewer system operated and owned by the Grantee and its successors and assigns, upon, over, under, t and across those parcels of land described on Exhibit A attached hereto ("Property") . This conveyance is subject to easements, covenants, restrictions, reservations, and other matters of record, rights, or claims of parties in possession but not of record and easements or claims of easements not of record. The conveyance also includes a nonexclusive right of Grantee i for ingress and egress to and from the Property over and across land owned by Grantor for the purpose of exercising all rights granted herein. Such ingress and egress shall be by means of roads and lanes existing from time to time and it none, by such route or routes as shall occasion the least damage to Grantor's property and the least inconvenience to Grantor. After the exercise by Grantee of any of its rights hereun- aer, Grantee, at its sole eyaense, shall promptly repair, restore, or reconstruct any surtace areas of the Property and adjoining land which are distvrbed by the exercise of Grantee's rights or by the relocation of t. • .,sement to the same condition as exist on the date of this at, including, without .limi- t ration, the re-surfacing of aiv ;, s or roadways, the resodding of any fairway or lawn areas witn the same type of grasses, the replacement of all shrubbery and other landscaping, and the revegetation of other surface areas so disturbed. Except in the case of an emergency (such as a sewer line break), Grantee shall give Grantor at least 30 days written notice prior to exercising its rights hereunder, and Grantor and Grantee shall agree upon a schedule for Grantee's work on the Property which will minimize the disruption of yolf play on the Property. In exercising its rights hereunder, Grantee agrees to use its reasonable best efforts tc avoid as much as practical the disturbance of the Property and any adjoining land. Grartor, for itself and its successors, assigns, and les- sees, shall have the right to use the property upon which the easements ::re located for any purpose including, without O0191WMS:gb 10/29/91 1 0144 W, NOV 0. '9: :6:29 :13AACSON ROWSAH DEr4Vr^ 0.4 665 P13 233 rlitto limitation, for golf course purposes and ;he P:aCdMelt Of Plants, fences, and walks incidental thereto, provide, ,owerne. that Grantee shall not be obligated to repair, replace, or re-;ore any modifications made to the golf course after the data c' this Agreement which materially modify the golf course surface, or any buildings or other similar structures of a permanent nature which are placed within the limits of the easement hereby granted. Grantor has granted or may grant easements to other parties in, under, over, and across the Property for the purpose of con- structing, operating, replacing, and removing other utility andpublicservicesystems, walks, and roads under !arms and cundt- tions similar to this grant. sit exercise of its rights hereun- der, Grantee releases and agrees to hold Grantor ha.*.1Mle3a from any liability for damage or claim of damage of Grantee's propertyarisingfromtheactionsOfthirdpartiestovacmGrantorhas granted or may grant such easement rights. To the extent permitted by law, and subject to -_ye monetary limits and procedures of Colorado Governmental !mmunity Act, Grantee shall indemnify and hold harmless Grantor from any and all claims, losses, demands, and liability arising from the installation, construction, maintenance, operation, repair, iteration, and replacement of said underground sanitary sever lines and underground facilities incidental thereto, and other- vine arising from the exercise of Grantee's rights hereunder. In the event Grantor desires to change OR use of the Prop- arty, in Grantor's reasonable discretion, Grantor shall have theright, upon reasonable notice and at no expense to Grantee, to change the location of this easement and to remove, reinstall, or change Grantee's facilities described above. In the event Grantor desires to remove any of Grantee's facilities 01 systems, Grantee shall reconvey to Grantor the easement covering such removed facilities, and Grantor shall provide Grantee with a new easement in locations where such facilities are to be relocated. In such event, Snovmass Land Company, an Illinois general part- nership, shall pay all expenses incurred in connection with relo- cating the facilities and the Fasemenc. ?rovided however, any such removal, reinstallation, or change to Grantee's facilities or to this Easement shall occur so that the new facilities are constructed in corpliance with the Rules and Regulations Of Grantee in effect at the time of the proposed removal, reinstal- lation, or change. This Agreement shall be binding upon and benefit Grantor and 3ranta e and their respective successors and assigns. 2- 00193.%W t gb 10/2,3/91 OCT 30 '91 iozos Isrvo:Soti ROrsvagLm EGIVLR P.4 15: 2n Ro,_ 93f., .i VJ* 663 °9 234 p(.. Executed this A day of 1a wA6& 1991. SNOWMASS CLUB ASSOCIATES, a SNODMASS WATER AND SANITATION Colorado general partnership municipal aColorado corporation By: Aspen. Skiing Company, General tner By strict Manager By it uthor d gnatory SNOWMASS LAND COMPANY, an Illinois general partnership By I Kenneth R. Sonthe m, attorney-in-fact STATE OF COLORlAO as. COUNTY OF PITKIN 1 The foreR4_,•i Yument was n d, 'ore m rrtrj tp;'^. rrt r QY 1991. by Oral •• .day o1AuthorizedSignatory on behalf of A pen Skl ng Company, ; aeral v, Partner of anovmass Club Associates, a Colorado general parkner- ship, s: :u , WITNESS my hand and off cI61 seal. My commission expires t Notary Publ c 1 1 3- 00191wmS:gb 10/29/91 1•', :. .. .'.:v.•.tJ7Al.i.f..... ...s + r A ' C..'c ikL CC 30 191 10:05 ISRRC51?H ROSU BVI I01VFR P.5 t:-.. hp: ,,•,• r!' 663 PO 233I Da .... !': ! ; ,r. C.^.fir STATE OF COLORADO ss. COUNTY OF PITKIN I The foregoing instrument 199 was `k no avls 9 before me this h day of I oV emg>rli.._, 1991• by ,----`Il2 W as District Colorado quasi mun a pal corporation,. and Sanitation Dis- WITNESS my hand and official seal, sou yo My commission expires to y Publ c n,.•' STATE OF COLORADO 9S. COUNTY of PITKIN I The foreg*VAw rument was acknowledged before me this V_ day of 1991, by Kenneth R. Sontheim, as rn-facSnomas s Lend Company, an Illinois generalattorney- partnership. r.,r .if. WITNESS my hand and official seal. a f My commission expires 00': 17otWryPublc 1 o0191WNS:gb 10/29/91 1 J .K'R..,><Il l ti}e•'..y F,` i.. y,'N`'. r' Vi' ,. I'.y1 ym OCT 30 191 10:0S ISA7CSM ROSEP Xr, DEN.'ER P,e6 Nh)N!w c•f, , 2...;(7 1 S 'E: 665 PP 236 The undersigned beneficiaries of a deed of trust dated May 31, 1989, and recorded June 22, 1989, in Rook 595 at Page $47 of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consent to the grant of the foregoing easement. THE FIRST NATIONAL BANK OF CITICORP REAL E ATE, INC. CHICAGO ,/ By: /It 9 sU -A o.- Bys Tiec 1.Ttfc itdlf Title: I VIL'i STATE OF 8a. COUNTY OF 1 Th foregoing instrument was acknowledged bLgrs me this 177 0 da y-! 1991, by It SCI ig as n halt ofd first National Ban o Chicago. e WITNESS my hand and official seal. My commission expires Not r>t PublicPublc • l r,. STATE OF ('g h ) OFFICIAL SEAL " as.LISA A BRACK I COUNTY OF e. ii )NO TMY PUBLIC.STP.TE OF ILL UIOIS MY COMMISSIOM EXP, Bi30/95 ry The fore oing instrument was acknovlta gd"'be me this 1 -day f f 1991, by ,U.t.k- /r,wtnE asA; I/ on behalf of Citicorp Real Estate. WITNESS my hand and official seal. My commission expires l G' & i 1 C •,i! i' Ld-..mot=-- Notary Public oApRAK Nr.:•.FI Lost C. ,-,.,ly 1 00191WNS:gb 10/29/91 1 t Cm:f 30',Si 10:06 IS4YSL41 rl-'604BAU1 DENVER P.7 4 7' f'' 6M IN-3 237 C':•. P tl io -.X' % C.1or I. . EMBIT Y Drexel Barrell N August 21, 1991 Cqjm"q proposed sanitary *war A description Of in P:rc4Isas4I%4nt# 30.00 fast in Width, located 4m hLq ZAP M4 10, The Snowmssm Club Subdivision, PLUtin County, we 114 Colorado for Snowless Land Company• This legal SWA&r.coewo 10301.3415 description revises the legal description dated June S. 191I and revised July Is# 19910 j4j 441 4111 in width 100stsd in Parcel 10, Thdstripofland30.00 rest PLtkin' Snowmagg Club Subdivision, a subdiviol-in in the CQ%IhtY Of or,ding to the recorded plat thereof, saidstateofColorado, accordingandextendingfree the WQVthNVlY line of Said PAVesl 10,strip of I to the Point of Termination andSouthwesterlyandsoutheasterlydescribed being IS.00 fast on each aid* of the Ccllcwin# Centerline: Commencing at the NI/4 Corner of section 31, Tod, Rgsil of the 6th p.K. , frois which the Northeast corner of said fiection 31 b6arsZ, 2371.01 fast thenca 920923154"W, 3034.00 Cost to theR89039107' 71 footNortherlylineOflaidPercal10; thence SouthweStUlYt lidalongtheNortherlylineOfsaidParcel10andalonqtheArc oleocurveconcavetotheNorthwesttothe 1 3* angle nW=, said arc having a radius of 1079.92 Cast, S central Of s•ls'51" and being subtanded by a Chord that booze 844*12'30"W, 156-51 fast; Thence 314656400"1i' 42.49 foot; hence 894006100"Wt 197*90 test; IhSACS g4e•39400"W, 316-60 fast; once $37'17'00"X, ]17.90 fast; 07hence 340.09'00a,, 330.00 foot to the PAMYNT Ot TERmn==. W. Wright - 4717-69A - 0852L'WKW) i '. 1 qy1• µ. e31tP19 01/09/93 14x13 Ric 460.00 BK 706 PS 364 Silvia Davis Pitkin Cntv Clark. Dde 4.00 k AGREEMENT THIS AGREEMENT 13 entered into this n aq Coof 1992. by and between SNOWNASS CLUB ASSOC IMlorn general rartnership ("SCAB) whose address is 0299 Snowmass Club Circle, Snowmaes Village, Colorado 81615, and SNOWNASS WATER AND SANITATION DISTRICT (the "District") whose address is P.O. Box 5700, Snowmass Village, Colorado 81615, under the following facts: Recitals A. SCA owns certain real property located in Pitkin County, Colorado, more particularly described on Exhibit A attached hereto ("Parcel A") on which Is located the Snowmass Club Resort which consists of hotel facilities and certain recreational facilities including tennis courts (the Club"). B. SCA intends to onnvey to the District that certain real property located in Pitkin County, Colorado, more particularly described on Exhibit B attached hereto ("Paroel B") on which the District intends to conatruot an expansion of its existing wastewater treatment plant (the "Plant"). C. SCA and the District desire to set forth in writing 'he agreements they have reached regarding the use of Parcel B and the construction by the District of the Plant expansion on Parcel B. NOW, THEREFORE, far good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Parcel B shall be used only for its current uses as open space with a road and bike path, or for expansion of the Plant. The District agrees to maintain Parcel B in a clean and attractive condition and to take proper care of the landscaping located thereon. 2. The final plans and specifications for the exterior appearance, configuration, and design of the Plant expansion onto 1, Parcel B, including any matters reasonably related to the impact of the visual appearance, sound, or operation of the Plant expansion on the Club, shall be subject to the prior written approval of SCA, which approval will not to unreasonably withheld no long as the final plans and epecificatinne do not materially aevlate from the site plrn for the Plant expansion prepared by NaLaughlin Water Engineers, Ltd., dated October 15, 1990 (the Site Plan") a true and accurate copy of which is attached hereto as Exhibit C. and are consistent with the requirements set forth 1- 1 t 0333729 04/09/93 14x13 Rsc $60.00 BK 70W PB Silvia Davis, Pitkin Cnty Clark, Doc e.00 In this Agreement. The District shall afford SCA at least 30 days within which to review the final construction plans and specifications. 3. The Diatriot shall be responsible, at its expense, for relocating an exlating gravel road and bike path located on Parcel B to the location generally depicted in the Site Plan. The relocated road shall be 20 feet wide and the bike path 10 feet wide, and both are to be paved by the District. The District shall grant to SCA an easement for use of the relocated road for ingress and egress of vehicles, bicycles and pedestrians, to the extent that the relocated road is located on District property. SCA shall authorize the District to construct that portion of the relocated road which exists on Parcel A as net forth In the Site Plan at the time of approval of the plane and specifications net forth In Paragraph 2. y 4 . The District shall install landscaping which is sufficient to provide an effective sound and visual.barrier of the Plant from the tennis courts and Club as shown on the Site Plan. Such landscaping shall include prrmanent screening of the Plant expansion west of the Plant and Sant of the relocated road 4id bike path using fencing similar to the existing fencing which screens the Plant. All supplies, material and equipment shall be screened from view from the Club, tennis courts and golf course. A portion of the landscaping may be located on SCA's property. 5. The District agrees that the Plant expansion will have an appearance similar to the existing Plant, i.e., all exterior Walls shall be earth bermed and sodded; only natural rook retaining wall$ will be used on exterior faces; and a sod roof will be provided. The District shall also ovnatruct any retaining walls required due to the grade of the site as shown on the Site Plan. 6. The construction activities Shull not unreasonably Interfere with access to SCA's property or the use and operation of the Club Including tennis, golf and maintenance activities. The District shall revegetate all areas disturbed for construction to the condition existing prior to the construction as shown on the Site Plan. 7. The District shall give SCA as much advance notice of the commencement of construction as possible, but not lees than 60 days' advance written notice. Before or as part of the r construction, as requested by the District, SCA shall have the right to install and connect to the Plant a line of sufficient Size and capacity to deliver effluent water, the rights to which belong, either absolutely or conditionally, to SCA from the Planttoapondlocatedonthe17thholeoftheSnowmassGolfCourse for irrigation purposes. The District shall have the right to approve SCA'$ plane and specifications for this line, such 2- 1C. ..,.. tom. :•.• S N3W729 04/09/93 14113 Rae $60.00 BIC TOti PO 3136 Silvia Davis. Pitkin Cntv Clark. Doc $.00 approval not to be unreasonably withheld. All costs and expenses Incurred in the design, Installation and connection of the effluent line shall be the sole coat and expense of SCA. SCA shall coordinate the installation of the effluent line with the construction schedule of the District :or the Plant expansion and shall not cause any delay In the District's construction schedule due to activities by SCA in constructing and Installing the effluent line. 8. Thin Agreement is intended to run with the land and bind the parties hereto and their respective successors and assigns to be a burden upon Parcel B and a benefit to Parcel A. This Agreement shall survive the execution, delivery and recording of the deed by which SCA transfers Parcel B to the District and shall not be merged therein. iSNOWMASS CLUB ASSOCIATES, a Colorado general partnership By ASPEN 38IIN0 COMPANY, a Colorado general partnership, Partner By: HbDO II!/NXDO IV PARTNERSHIP, a Coloradc general partnership, Partner By: M II AS E C.. aware V- f rpo t , Par iiy: ts: 3NOWMASb WATER AND SANITATION DIST CT By: Pr I ant AR•TEST: y. Ti/uIC,LA,KY XOnne on e m Seoretary 3- WIN f 393729 04/09/93 M 13 Rsc $60.00 BK PS 3" Silvia Davis, Pitkin Cnty Clark, Deco ACKNOWLEDGEMENT S'TIff5 OF COLORADO Ct,i/r( sa. COUNTY OF N ) The fore oin !.netrument was ackpowled a this e ,d y of 1992, by as of MKDO III Aspen, JnO.r a Delaware corpora on, rartner or DO III/MKDO IV Partnership, a Colorado g^.reral partnership, Partner of Aspen Skiing Company, a Colorado al partnership, iartner of Snowmass Club Associates, a OHO general partnership. AMY li, as my 1 -1nd and official seal. 044" °`\ lesion expires:S ssrcc asv°yoe'/014 yy'' RotaryPublic STATE OF COLORADO ) as. COUNTY OF PITKIN ) The foregolpp lnetrwaent was acknowledged before me this day of rbY rlWe, , 1992, by ,,1 $$pppp see Water and MET D1etr o y d'e redident and attested t th R. Sonthelm as Secretary. MOO; a hand and official seal. ion exp4res: r Notary c q_ y 3r1 d i1 k'r"ij •:• J .v. M''' 464 f•' tJ. I 0333729 04/09/93 14t13 Rec 060.00 BK TM PS 3W rtSilviaDavis, Pitkin Cnty Clerk. Doc 4,00 B=8I>!I! 1 Lao" DESCAIp'fIQN OF BE1r IT1ED PRDPERI!1f TRAM It Parcel 10, THE SNONNASS CLUB SUBDIVISION, according to the Plat thereof recorded April 15, 1980, in Plat Book 9 at page 32 as Reception No. 223347, EXCEPT that part thereof described as Parcel 10, Piling 1, Lot 1 of THE SNONNASS CLUB SUBDIVISION, according to the plat thereof recorded in plat Book 16 at Page 59 an Reception No. 263105, and also ZXCBpT that part thereof _onveyed by Snowmass Club Associates, a Colorado general partnership to the Town of Snowmass Village by Deed recorded February 22, 1990, in Book 614 at page 516, and also El1CXPT that part thereof described as follows: Beginning at tho Northwest corner of Lot 12, Parcel 1, Filing No. 4 of said "The Snowmass Club Subdivision,' thence N 00 000100" E, a distance of 35.00 feed thence N 90000,00• E, a distance of 250.17 feed thence a 45600100" N. a distance of 49.50 feet to the northeast corner of said Lot 121 thence N 90'00100• w along the northerly boundary line of said Lot 12, a distance of 215.17 feet to the point of beginning. TRAM li t 206. 207.Candosinim 211j, If% 2t4,12199 216,218,219P2220, 22210 Mo 223, 2D6, 4209Mo 2?7, 228, 22g, 230, 231, 301, 302, 303, .%05, 306. 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 316, 319, 320, 3'.21. 322, 323, 324, 329, 3260 401, 402. 4030 40, 405, 406, 407, 4110. 409,410, 411, 413, 414, 4198 418, 417, 410 and 419, as shorn on the Oolldoslnls• Nep of the SNOgMS LOOSE aAmWiNIW filed in the records of the Clark and Recorder of Pitkln County, Colorado on January 25, 1962, In Plat tuck 12 at Paps 61 ss Reesptlon No.met and as defined and dow1bad In the Cond=lnlwl DeclarationfxtheSnoniassLodgeCondealniue, Town of Snoaats Yillage,Colorado, appearing to such records filed on January 19, 1982, In Book 420 at Paps 11 as R"tlon No. 2364549 as ansnded by MandMM recorded Fabruory 2, 19e2, In Boon 420 at Pogo 6% If Recgtion No, ;k.W32. ASPEN/011 LSsjkw 08/06/91 r 0333729 04/09/93 14113 Rec $60,00 BK FM Pe 399SilviaDavis, Pitkin Cnt TR)1CT III! Y Clerk. Doe $.00 A. A parcel of real property located In Pitkin County, Colorado, described on ItAib:t A-1 hereto (Club Ming Parcel). 8. All that real property (the *Lower Space*) located In Pitkin County, Colorado, which Iles free and below a horizontal plansdrawnatanelevationof70938.83 foot above sN level (the wUppr reel Planes) and y described In within the Ent Parcel). rNl Property C. Together with the following non-aoeluslve easements across, over and within a parcel of real property located In Pitxln County, Colorado, described on Exhibit A-3 hereto (lodge Meat Parcel)t 1, for Ingress and Was to and fron the Lower Space 2. for storage of watrtal and for construction use during any period of construction on or within the Lower Space; 3. for drainage from the Lower Specol and 4. for linear pipest wires, conduits, and equipment for awchanical, electrical and plumbing systews, as subsequently bull+ and thereafter In glace, Inellding without limitation, all appliances or equipment for water, sanitary wort store scar, ventiletion, gas, heel, slectrlcity, telephone, and cable television, and for Ingress and Areas to and from the Lahr Space for the construction, instellatlon and maintenance thrwot. and 0. Together with +he following non-miusive eesesents across, over and within ell that real property (the wUPW SPecew) located In Pitkin County, Colorado, which Iles from end above Ma Upper Plans and which to boundod by and Iles within the boundary of the real property described on Exhibit A-2 hereto (Lodge East Pre III 1. for Ingress and agrees by and through ail corridors, hallways, stairwells, and elevators located within "a Upper SPAcel and 2. for use of any comn stores arm located within the Upper Space. All some0s described herein are expressly subject to any obligations ditch are rcrsonably allocated to the use and Mfntenance of a particular cement. TARM ITS Parcel 10, Tiling 1, Lot 1 of THE SNO/BIASS CLUB SUBDIVISION, ac- cording to the Plat thereof filed in plat Book 16 at page 39 as Reception No. 263105. 1 ASPEN/011 LS:jkw 08/06/93 Or 2 w, t" . .: W.: p• 0335729 OJ/ ./93 14113 Roc s60.00 HK TO P8 360 Silvia Devi a, Pitkin Cntv Clerk. Doc $.00 TRAM V's A parcel of land situate within Lot 1, THE lSAONMASS CLUB SUBDIVI-SION, Parcel 4. according to the plat thereof recorded Septem-ber 22, 1981, in Plat Book 12 at Page 11 as Reception No. 235849, being a portion of Escti,n 31, Township 9 South, Range 85 Nest ofthe6thPrincipalMeridian, being more particularly described as followst Southerly aannddilying comonito aapoi the most the North rly corner of said right of-way of the previouslq dedicated Snowmass Club Circle and common to the Hester-ly boundary of Parcel 10, THE SNOWASB CLUB BUBDIVIBION, and to the t Westerly boundary of Parcel 4, Lot 1, THE SNONMASS CLUB SUSDIvISIONwhencethewitnesscornertotheSouthwestcornerofrecticta31,Township 9 South, Range 85 Nast of the 6th Principal Meridian bears s 884531439 M, a distance of 2,286.05 fast;thence N 10'28'57" E, a distance of 163,21 feet# thence 9 11'22'29" E, a distance of 120.92 feat; thende N 04'20143" E, a distance of 21.63 feat; thence N 56051114• f, a distance of 59.27 feetl thence N 240351210 W, a distance of 215.33 feet; thence N 09010137" E, a distance of 52,26 feat$ thence M 24'051110 N, a distance of 81.25 feet#thence N 55'07'50• N, a distance of 168.07 feet to a point beingcosntotheEasterlyboundarylinsofsaidParcel10, and the Besterly boundary line of said Lot 1, Psrcal 4$thence along said comon boundary the following throe courses; 1. s 00400'00• B, a distance of 350.87 fsst; 2. thence S 53'30157" E, a distance of 203.88 faati 3. 8 00600100' E, a distance of 290.00 fast to the point of beginning. VRAM VI1 parcel thereof lrecorded April 15D1980, i I8p1 t Book 91 at Page 32 plat as Reception No. 223347. COUNTY 01 PITRIN, STATE or COLORADO. 1 At!iEN/ell I,,•• jkw 00/06/91 3 a;. EXHIBIT ..-1 0333729 04/09/93 14113 Rac $60.00 SK 7011 PS 361 Silvia Davis. Pitkin Cnty Clark. Doc e.00 LEQX DESCRIPr1011 THE SWAT RSS CLUB SWIV IS IOM PARCEL 4 MUS M:11 MCEL) A parcel of land situate within Section 31, Township 9 South, Range 83 Mast of the Sixth Principal Meridian, Pltkin County, Colorado, being more particularly dacrlNd as fol lord Beginning at a point Wing the most westerly corner of The Snwmsss Mater andSsnitatlonDistrictPropertyasrecordedInBook343atfigs33dthePltkin Cbuni, records from whence the Vitness Corner to the Southwest corner of tSection31, Toenshlp 9 South, Range 85 Vest of the Sixth Principal Wridlan bears S69.3310201 a distance of 2633.81 fast$ then= along the southerly boundary of said Sanitation District the following coarsesn 570.300009E a dlatanna of. 400.00 feeti thence 570.301009E a distance of 379.76 feet$ thence loving the boundary of sold Sanitation District along the boundary of sold Parcel 4 the tot lowing coursew 5220261200E a ''Irtance of 24.70 fast$ thence 363.1310901 a distance of 374.99 feet;thence 50060010099 a distance of 178.07 feet to a point of curvature on the northerly right-d-wy Of Snwa ss Club Clrcle; thence along said northerly right-of-way the following courses, along nowtangoat curve being conceve to the south haring a chard which Wars S790331130V a distance of 272.17 feet, old curve having an arc of 277.05 feat, a control angle of 370201790 and a radius of 425.00 feet to a point cR reverse curvotursl thence 279.32 foot along the arc of a curve to "a right, said curve hwing a central angle of 12.271170 and a radius of 1264.96 feet$ thence lowing said northerly right-of-way Ig0000'000E a diatom Of 290.00 feed than= IC3•301370M a distance of 203.88 toot; thence Mg0'0o 1000E a distance of 330.87 foot$ am IE4"211599 a distance of 470.98 feet$ them 00100100% a distance of 288.00 feat$ than=e 11100001000E a distance of 164.00 foot$ than= t10o•00'000E a diatom of 165.00 fsat$ am Wil000f04aE a distance of 273.00 feet$ the+= 3136110069E a dIstems of 334.38 fasts thanes 5000001000$ a distance of $67.00 test tc the point of beginning. E110EPr the fol lowing two psreslsn LODGE EAST PARCEL A parcel of land situate within the above descr lbed Club Ming Parcel being more perHer!arly described as foi 10951 1 e3'i 29 04/09/93 14113 Roc $60. BR' 7 re S Silvia Davis, Pitkin Cntv Clvrk. Doc 9.0O E1UMM IFS teeMnuedi Beginning at a point being the most westerly corner of The Snolsess Wafer and Sanitation District properly thence 325.4612064 a distance of 300.43 feats thence 11500001006E a distance of 174.90 food thence 5540571206E a dlstaao: of 36.74 feet to the true poins of beginning being the most easterly corner of described Lodge West Pares I thence 3340371206E a distance of 102.78 foots thence LU041$SON a distance of 41.33 foot) thanes 5530521566E a distance of 13.76 feet) thence 336.1212291 a distance of 16.29 feats thence 36802113964 a distance of 73.22 feats thence 10300010099 a distance of 37.63 /sett thence N50000/0091 a distance of 22.58 feet to a polnt on the described lodge Want Aral 1 thenos sloro said Lodge West Aircel N35000100NE a dlstenes of 132.08 foot to the fro point of beginning. LODGE WEST PNtCFL A parcel of land sltatewithin "a above descelhed'Club Wing Aral being acre pertlaularly deselbod as fst Iae1 I 0 % Inelag of a point whence "a most westerly corner of The Snaosse Water and SMIts"44 OlsTM Iat property bears N2604612009 a distance of 30OAS foots them 1tl06001006E a distance of 174.90 foofs fleom 3040579206E a disfeam of 56.74 }oats them 3380001001111 a distance of 132.00 tests thsaca 119600010064 a distance of 145.60 foot) therm 16096010061 a disfees of 140.78 foot fa fns point ef baginainii. 1 1 yam.. ry t 04/09/'93 M 13 Rae "0.00 .SK 7M PS 811v a Davis, pitkin Cnty Clark, Doc •.00 EM S17 A-' LODGE EAST PARCEL. A parcel of land situate vlthln the above described Club Ming Parcel being more particularly described as fol last Spinal all at a point being the most wester)I corner of The Snowiness Mater and Sanitation District property thence S25446120N a distance of 300.45 fRots thence WO'00I00sE a dls' r of 174.90 fests thence 954037020NE a distance of 36.74 feat to the true point of beginning being the most easterly corner of described Ledge West Parcel Mena 5049570204 a distance of 102.76 foots Mena MOM a distance of 41.33 tests them 3036321MIE a distance of 13.76 foots tamer SMOW22491 a dl stance if 16.29 foots things S66e2113941 a dlstdece of 73.22 fasts thence 050001001V a distance of 37.63 foots thence Wpo'0ol0o'M a distance of 22.06 fief to a point on the described Lodge vat Parcels thanes along said Lodge vast Parcel 109•00100"E a distance of 132.00 feet to the true point of beginning. 1 1 1 1 1 1 1 e• s:rk'7:, k F .v,c„ ,t 1:. t}i r :,siV i't". MEMM E101ISIT M3 63616749 04/09/93 14813 Roc 660. 00 DK 708 PO 364 Silvia Davisl Pitkin Cnty Clark, Doc 6.00 LODGE WEST PMM A panel of Innd situate vltPtu the above desclbyd Clut Wing Par.:+1 ceing acre per7leularly desa lbod as fal loom' fleglnning a- a point whom the most westerly corner of The Snytimmss Water andSvaitatloeJistrlctpropertytrarsN26046120NEadistanceof300.49 foots them f1Y0.00iOC'E a dlstmc, o` 174.90 foots thence 04.9712009 a distano of 96.74 foots thence 339000400011 a distance of 132.06 foots thence Wp0000too0W a distance of 143.60 foots thence N000001000E a distance of 140.76 feet to the pain t/A beginning. 1 5 1 1 1 tt.: 1'j X I`t A. 't''. n l vJ a,:, it • +: .;.;. r. 305729 04/09/93 14$ 13 ROC $60.00 BK 70 PS 3t Si .via Davie, Pitkin Cnty Clc^k, Dee: 'P-vu SEBIBIT a ldg" DescriotioqI A parcel of land being a part of Parcel 12, Snomass Ciub Subdi- vi • ion, as recorded in Plat Book 4 at Pages 32 through 31. Sec- tion 3' , Township 9 South, Range 85 West of the 6th P.N. , Town of 8nom.,,s Village, Pitkin County, Colorado, being a tract of land lying adjacent to the Northwesterly boundary of the existing Snowmass Water and Sanitation District's Wastewater Treatment Facility (described in Book 343 at Page 53) described as follows$ Beginning at a point vbence the O.L.O. witness corner of said section 31, Township 9 South, Range 85 West bears 8 69'35102' W a distance of 2,653.81 feet; thence N 38.451291 B a distance of 315.10 feet along the Northwesterly boundary of Book 343 at Page 53; thence N 86.30100' W a distance of 197.63 feet; thence 8 00'001001 B a distance of 257.78 feet to the point of begin- ning, containing 25,425 square feet more or less. 1 I 1 152WNS$15 05/05/92 r-r::7, 1 R• u f 355729 04/09/93 14j13 Rec *60.00 Silvia Davis, Pitkin Cnty Clerk, D, EIBIT'B Leoal Description i 1 A parcel of land being a part of Parcel 12, vision, as recorded in Plat Book 4 at Pagei tion 31, Township 9 South, Range 85 West of 8nowmass Village, Pitkin. County, Colorado, x lying adjacent to the Northwesterly bound Snowmass Water and Sanitation District's Facility (described in Book 343 at Page 53) Beginning at a point whence the O.L.O. vii Section 31, Township 9 South, Range 85 West : distance of 2,653.81 feetl thence N 3804!5' 315.10 feet along the Northwesterly boundary 531 thence N 86.301000 W a distance of S 004001000 R a distance of 257.78 feat to ning, containing 25,425 square feet more or 1 , 152WMSilb 05/05/92 nn ME 0 wx 458 :A;:543 25624/ TOWN OF SNOWNASS VILLAGE j TOWN COUNCIL YA LORETTA BANNER ORDINANCE NO. 31 PITKIN CTY.RECORDER SERIES OF 1983 IAN t13 AM X81 AN ORDINANCE AMENDING ORDINANCE NO. 8, SERIES OF 1980, AS PREVIO11SLY AMENDED, BY APPROVING CERTAIN AMENDMENTS TO THE FINAL PLANNED UNIT DEVELOPMENT PLAN FOR TILE SNOW ASS CLUB SUBDIVISION AP.sROVED PURSUANT TO SAiD ORDINANCE NO. 8. WHEREAS, the Torn Council previously approved the Final Planned Unit Development Plan for The Snomass Club Subdvisian by Ordinance No. 8, Serif-, of 1980, on March 31, 1980; and b, WHEREAS, The Snouess Company. Ltd., The Snowmess Club Partnership, Ltd. t,t and The CentemnlvW Group, Inc.. have requested amendments to Ordinance No. B, Series of 1980, and the Final Planned Unit Development Plan for The Snowmass a Jae Club Subdivision, as previously amended; and WHEREAS, the Joint Planning Annual Review Session of 1981, to unc•.urage the developaasat of more affordable employee housing, recommended that The Centennial s Group, Inc, and The Snowless Company, Ltd. discontinue future development of wised unrestricted and restricted residential units in the Snowiness Club 3ubdivistonl and WMEAS, the Town of Snowwass Village has received requests for increases In the floor area ret',os of certain residential units in Parcels 1 and 3 of the Smnisss Club Subdivision to allw expanded decks: and p WHEIIEAS, the individual increases should be included within the total allow ,' 'lour area ratio for Parcel 1 of the Snowiness Club Subdivision; and REM, to f rilitata the consideration of such requests, the Taal has proposed smindmewls to the Final Planned_Unit Oevelor:rant Plan for the Snowiness Club Subdivision, as amended; and WHEREAS, following review of the proposed amendments, the Town Council hem found that the amendments are reasonable, that the amendments will not adversely affect the public health, safety and watfaro and ought to be approved; and WHEREAS, the Tam Coined finds that the maendrents set forth hereinbelow are consistent with the Sno.anafs Village Master Fl,in, the objectives of Planned relit Development, the Planned Unit Development evaluation standards and all ether zoning regulations not subject to variation by Planned Unit Developme, . A ordinances aid ought to be approved; and a WHEREAS, public hearings wem hell before thn. Town Council of the Taws Snowmass Village, Colorado un October 31, 1983 ano December 19, 1983. 1 ODR 458 l:!iF544 Section One. That Ordinance No. 8, Series of 1980, as amended is hereby 8 further amen e'd—as follows: a) Tnat paragraph (h) of Section 3 be d,nended to read: A tennis bubble will be maintained by The Company, or its successor or assign specifically designated as such by an instrumert executed by The Company and records in the records of the Clerk and Recorder of Pitkin County, until such time as the construction of the proposed ine.00r court'; has begw;. A winimum of eleven (11) outdoor tennis courts and a regulation 18-hole golf course will be operated by the Comp'Any or Its successor or assign specifically designated as such by an instrument executed by The Company and recorded in the records of the Clerk and Recorder of Pitkin County. The Town Council shall have the right to approve any assigment or transfer of ownership and operating responsibility to insure that the transferee or assignee has adequate experience and f'nancial resources to successfully operate the tennis courts and golf course, The Town Council hereby approves the provious assignment of the tennis facility to the Snowaass Club Partnership. D) That pareiraph (1) I of Section 3 be amended by substituting the word "annually for the words 'September 15 of each year.° dvF c) That paragraph (i) 2 of Section Three Is amended by changing the number and type of restricted volts to be developed on various f" parcels as follows: Parcel 1 -- (Country Club Nome%) 14 Parcel 3 -- ((Club Villas and Villas North) 40 Parcel 6 -- Anderson Ranch) 56To: Six ••estri:ted units have been sold on the free market pursuant to Town approval.) d) That paragraph (i) 3 of Section Three is deleted. Section Two. That the Final Planned Unit Development Plan, filed in the Officesvr%-- ?•erk and Recorder of Pit<in County on the 16th day of April, 1980, In Plat Book 9 at Pages 39 an+ 40 is hereby amended as follows: a) That the General Note 4 be awnded by substituting the word annually' for the words 'September 15 of each year." b) That the General Note 4 be amended by deleting the paragraph whirh reads: Annual Pace. The restricted Units shall be developed on the following schedule pro rate with the development of unrestricted units. Unless otherwise mutually agreed upon by the Town and the Coampany, the pace will be: 1980 1981 1982 1983 1984 Total Villas East 0 30 30 Country Club 9 9 5 7 8 30 Club Villas 8 8 8 8 8 40 Anderson Ranch - - 10 10 T7 d7- IiTTYT5' T6 T c) That General Note 9 is deleted. r t d) That General Note 10 is amended to read: 'Restricted units within The Snowmass Club PUD shall be credited towards the Developer's allotment for restricted permanent moderate housing under the provisions of Ordinance No, 17, Series of 1978." e) That General Note 11 is deleted. a(-1 eBBa fiS w545 f) That the Parcel 1 -- Permitted Uses be amended to read: '•94 residential units, 80 unrestricted, 14 restricted, end an associated maintenance facility not to exceed 800 square feet." g) That the Parcel 1 -- Maximum Number of Dwelling Units be amended to read: 94c' h) That Parcel 3 -- Minimum Open Area be amended to read: "5.43 acres." i) That Parcel 3 -- Maximum Parking and Driveway Ground Coverage be amended to read: "2.61 acres.° That Parcel 3 -- Permitted Uses be amended to read: 110 Residential Units, 70 Unrestricted 42 Restricted 4,000 square feet of Conference Space Uncovered Surface Parking for the Benefit of Parcel 4 net to exceed tts%.J 100 spaces." Y a) That Parcel 3 -- Maximum Number of Dwelling Units be amended to read: 0110." 1) That Parcel 4 be amended by the addition of a new section which reads as follows: Maximum Floor Area Ratio: .138' m) That Parcel 5 - Pemittud Uses be amended to reed: "20 unrestricted residential urAts and ,•n associated maintenance facility not to exceed 600 square feat." n) That Parcel 5 - Maximum Number of Dwelling Units be amended to read: 0200. o) That Parcel 6 - Naxinwoo Building I'eight be amended to read: k shall be three stories, b.cluding habitable basement area, which shall not exceed 37 feet above natural srade." q) That Parcel a - Permitted Uses be amer d: "46 Restricted Residential Unit?." r) That Parcel IO - Gross Land Area i•gad: '187.Pl acres." s) That Parcel 10 - Net Land Area is It to read: 2187.80 acres.* t) That Parcel 10 - Permitted Uses be amended to read: Golf Course Open Space Recreation Tree Farm Pro Shop not to exceed 1,2100 square feet.' u) That Parcel 13 Permitted Uses be amended to read: ur Permitted Uses: Cultural Facilities, are gallery and related office space. Three Associated Residential Dwellings Open Space" v) That Parcel 13 -- Existing Building Square footage be amended to r read: "9050 square feet." M. w) That Parcel 13 -- Existing Dwelling Units be amended to read: 3: l y. 9COA 458 ?%%546 x) That Parcel 13 -- Existing Parking Ground Coverage be amended to read: "0.00 acres." y) That Parcel 13 -- Existing Uses: "Anderson Ranch Arts Center.' z) That Parcel 14 -- Permitted Building Square Footage be amended to 4,read: "13,000 sq. ft.' fR y • aa) That Parcel 14 -- Existing Building Coverage be amended to ar"read: ".05 acres.' 1f ab' That Parcel 14 -- Existing Dwelling Units be a•.ended to p4,"•read: "0." ac) That Parcel 14 -- Existing Parking Coverage be :,vended to read: ".45 acres." ad) That Pa"e1 14 -- Existing Uses be amended to read. tr ; i ProfessieneI Offices." 1 Section__ Three. The Town acknowledges that the Centennial Group, Inc. and The SnoawafsTomptny, Ltd, have by approval of The Snoamass Club PUD by Ardinance 8 Series of 1480, satisfied the requirements, contained in Section B. jparegraph 1) and Section C (paragraph 2(a)) of Exhibit 2 b Ordinance 17, Series of 1978 for the development of a program for development of 50 permanent moderate incur housing units The change in zoning of Villas Eat (Parcel 5) from restricted housing to unrestricted housing and of Anderson Ranch (Parcel ) fro unrestricted and restricted housing to restricted housing continues to atisfy the requirerr-ts, contained in Section 8 (paragraph 4, ind So.ction C peragraph 2(s)) of Exhibit 2 to Ordinance 17, Series of 1978 for the development of 3 program for development of 50 permanent moderet. :'cane housing units. Section Four. Conditions, i The eppnval of amendments to the Snoamass Club Planned Unit Development as set forth in Section one above, are expressly conditioned upon the following: a) The execution by The Snowiness Company, Ltd. and the Centennial Group, Inc. of an Agreement whereby ho,h entities. jointly and severally, cunit to the Construction of parking spaces in compliance with the plan attached hereto as Exhibit A, which construction shall be complete no later than 6 months after the issuance of the first Certificate or Occupancy for the next phase of the Club Villas condominium or December 31, 1986, whichever first occurs. b) That the Centennial Group, Inc. shall submit a parking plan with the me, Mailed final plat for Par--el 3 to acrrmrodate the additional parking requirements caused by the addition of conference space to Parcel 3. Section Fire. That at the request of the 'awn Canc11, end upon the consennT oT7l3nowmess Company, Ltd, and the Centennir:l Group, Inc., the final planned unit development plan filed in the offirr of the Clerk and Recorder of Pitkin County on the 16th day of 'April, 1980 in Plat Book 9 at pages 39 and 40 Is hereby amended as fellows: r yFY' e) That Parcel 1 be amended by the addition of a new section which reads as follows:5. Maximum Floor Area -- After Final Plat Approval, no additional structures shall be added or constructed other than those approved by final plat approval, except for on-grade uncovered decks which des not exceed ten percent (10f) of the square footage of the unit to which such deck it appurtenant." b) That Parcel 3 be amended by the ati0 tion of a new section which reads as follows: 4- i •t Yrx% t 1r:. .... .. t u._•yu. i r.' vJ<JWi„i.iJ'••'sJi.J 9NN 458 fa r547 Maximum Floor Area -- After Final pl.it Approval, no additional structures shall be added or constructed o:her than those approved by final plat approval, except for on-grade m covered decks which do not rs±i• exceed ten percent (10%) of the square footage of the unit to which i .. ._•i 2. such deck is appurtenant.' c) That Ordinance No. 8, Series of 1980, as amended, 1s hereby further amended by changing paragraph (m) thereof to read as follows: kt m) Detailed Final Plot Review. There is hereby granted through December 31, 1990, as extension of the time requirements for presenting to the Town detallea rinal plats for the Snowless Club Subdiriston. This PUD Ordinance shall constitute the zoning for the Snowmass Club Subdivisicn. Detailed final plats, Including required dedications and subdivision tsvrovement :yremrds, mall be submitted and reviewed by the Town ,' proMded below prior to the issuance of any building permits. Furt'ter. detailed final plats and consequently the subdivision improvement agreements, public dedications and .'elated documentation shalt be submltLad and may be approved In annual phases, out the completion of the construction o. :nn-public improvement for one phase is not a pre-cooditioh for the submission and approval of the plat for the next phase. Any transfer of ownership of land within the Snowxass Club PUD prior to detailed final Alit approval shall be A conditioned on the Company's Individual General partners' retaining the obligation for the flung of the detailed final plat for each parcel its agents for the owner and proof of same to the Town P1enrer. 1. Pre-submission Architectural Review. Prior to the submission of any detailed final plat, the Company shall schedule e work sesslon with bosh the planning Coaallition and the Town Council to present the architectural, site plan and landscape concept intended for the particular parcel. The lompany is encouraged no: to submit final design., plans and specifications but rather to submit a sufficient degree of detail to accurately Illustrate the design concept intended to be submitted with the detailed final plat. 2. Action on Detailed Final Piet. Each detailed final plat shall be reviewed and processed In accordance with the provisions of Section 13 of tMe Town's Subdivision Regulations which were in existence to March 31. 1980, except that copies of all submission data shall be provided to the Pl arming Commission mrwhichshallbeentitledtoreviewandco •_nt on .'e submission, provided that such cateeents are waived by the Town Council prior to its final action on the plat. INTROOUCED, READ AND ADOPTED ON FIRST READING by the Town Covnci' of the Town of ;nwness Village, Colorado on this 21st day of November, 19839 by o vote of 5 to 1. Desmond opposed. Jones abstained due to hi- position as i'a •;, resident manager of the Club Villas. INTRODUCED, READ AND ADOPTED ON SECOND READING by the Town Council of the M1 7rkk Town of Snow ass Village, Colorado an this Igth day of December, 1983, by E vote of 5 to 0. Council member Jones abstained due to his position as resident s• n of the Club Villas. g : ,.` •., . tO1Nt OF 5N01eN55 PILLAGE, COLORADO u i''1LJATTESt By Je fersoit Tippett, Mayor I6f uien rr son, own Clerk r. a. n. Y' i 4 1 1 Easy Peel Lehels A NI See Instruction Sheet' ® SAVERY051600 Use Avery®TEMPLATE 51600 Feed Paper for Easy Peet Feature* ARLEDGE REAL ESTATE CORP BRAMBACH ROBERT BROCKMAN AMBER M TRUSTEE 6460 N OCEAN BLVD APT 50 BRAMBACH CHRISTINE PO BOX 366 LAUD BY SEA,FL 33308 PO BOX 6104 WESTPORT,CT 06881 SNOWMASS VILLAGE,CO 81615 CHAMBERS RICHARD L TRUTE CLARK JAQUELINE F CLAY ELEANOR J TRUST 00 REBECCA DMCLENNAN PO BOX 370 7350 CORNELL AVE 800 NVIE WOOD W MONTREAT,NC 28757 LA MESA,CA 91941 GLENVIEW,IL 60025-3200 1 CLUB VILLAS CORPORATION COUNTRY CLUB TOWNHOMES#22 LLC ' COWIE JAMES E&KATHLEEN K ' PO BOX 5123 10 SOUTH HAMPSHIRE CT 222 CUMBERLAND AVE SNOWMASS VILLAGE,CO 81615 GREENVILLE,DE 19807 KENILWORTH,IL 60043 11 CROSBIE DELORES S DAVIS SANDRA L&LYNN DAWSON JANE 232 LAKE MARING AVE,151)1 6406 HAROLD WOODS W 36 PARK AVE NEW ORLEANS,LA 70124 EDINA,MN 55436-1165 GREENWICH,CT 06830 I I I DELE ENTERPRISES LLLP DONNELL JOHN RJR DYBDAHL•JAMS L PO BOX 5293 134 LINDBERGH DR NE PO BOX 6303 SNOWMASS VILLAGE,CO 81516 ATLANTA,GA 30305 SNOWMASS VILLAGE,CO 81615 tECKEL PAUL F ESPARZA JESUS REV TRUST FINKELSTEIN RICHARD&SUSAN . 10143 BUBBLING BROOK PL 1870 MUIRFIELD WAY 1000 CLINT MOORE RD#110 ; PICKERINGTON,ON 43147 OLDSMAR,FL 34677 BOCA RATON,FL 33487 FLOERSCH WILLIAM C GERDENICH LINDA J GOODMAN MARCA&JOANNE K 60 LOCUST RD PO BOX 6635 3 ROCKGATE LN WINNETKA, IL 60093 SNOWMASS VILLAGE,CO 01615 GLENCOE,IL 60.022 GOODWIN SUSAN THOMAS HADLEY LYDIA C HEINZ M CYNTHIA L ORPT 90% PO BOX E3 HADLEY BE F JR HEINZ M CYNTHIA L REV TRUST 10% ASPEN,CO 81612 121 WHIELDON LN 12 BRLARWOOD W WORTHINGTON,OH 43085 LINCOLNSHIRE,IL 60069-2500 HENICK JANET HUNCKLER PATRICIA COX REV TRST IWATATE MASAE MARCIA I 3757 NW 62ND ST 1 548 W H 502 MEGURO HOUSEAWTHORNEPL2.10.22 MITA BOCA RATON,FL 33496 CHICAGO,IL 60657 MEGURO•KU TOKYO 153.0082, JAPAN JAFFE GARY F TRUSTEE 25% JAFFE MARK S&PATRICIA A 25% JOHNS SANDRA S REV TRUST 555 SW 12TH AVE#101 6499 POWERLINE RD STE 205 '4832 NW 50TH TERRACE POMPANO BEACH,FL 33060 FT LAUDERDALE,FL 33309-2043 GAINESVILLE,FL 32606 00quettesLadles8poler A ComuitezTaifeunle wwwsvewm 124111...9..,k..r.AireaVOIZ49AO Sans docharoament d'Irfstructl6n 1-S0 ISOAVERY asy Peel Labels i Yil Sea Instructio n Sheet ® AVERY®51600 , Ise Avery$TEMPLATE 51604D ® 1Feed Paper :. r!"' for Easy Peel Feature j j OHNSON TERRY WAYNE KEMPF DONALD G JR&NANCY KOEPPE KAREN L F&EDWARD P O BOX 7014 1500 N LAKE SHORE DR 1425 MONTE GRANDE PL NNWMASS VILLAGE,CO 81815 CHICAGO,IL 60610 PACIFIC PALISADES,CA 90272 1 AROSE PETER C&BARBARA C LEE LESUE SIMMONS LEVITT THOMAS I 745 SOUTHPOINTE PKWY 11 SIMMONS LN 6711 E CAMELBACK RD#54 1EVELAND,OH 441413267 GREENWICH,CT 06831 SCOTTSDALE,AZ 85251 EW IN GEORGE A&MARGARET S . LOTUS PLAZA LLC LOUBIER ROBERT J &JUDITH A 5 GALLEON#1 15516 BISCAYNE BLVD PO BOX 5006 4ARINA DEL REY,CA 90292 NORTH MIAMI,FL 33160 SNOWMASS VILLAGE,CO 81615 41DOLEBROOK MARK&FADIA MILUNG CYNTHIA MORRIS JAMES MICHAEL 50% O BOX 10415 311 GILLESPIE ST MORRIS RICHARD BEN 50% APEN,CO 61612 ASPEN,CO 81611 PO BOX 5443 SNOWMASSVILLAGE,CO 81815 4URRAY MICHAEL T&TAMARA JOYCE PETKE KENNETH W&MAUREEN 0 POPESCU EDWARD 11 E SHORELINE PO BOX F2 3757 NW 52ND ST ANDUSKY,OH 44870 I SNOWMASS VILLAGE,CO 81615.5026 BOCA RATON,FL 33496 ROUTY ALLISON SIMMONS. :'. RAPHAELSON RALPH B&SUSAN C, REEVES DAVID J&KATHERINE C 4 LARKSPUR LN 20 THE PRESERVE PO BOX 6082 3REENWICH,CT 06831 WOODBURY, NY 11777 SNOWMASS VILLAGE,CO 81615 EEUSS GARRETT ROSENBERG JERI RUTHERFORD CHARLES E&ANN E 10 BOXB 1614 GRANGER AVE 1355 FAN PALM RD O OX 50000 NOWMASS VILLAGE,CO 81815 ANN ARBOR,MI 48104 BOCA RATON,FL 33432 LAVAGE THOMAS R&SELMA M SCHULZE CHARLES T 1/2 SCRIBANTE ADRIAN . 120 NE 46TH ST STAPLETON CRAIG R 1/2 2969 WULFERT RD 7 LAUDERDALE,FL 33306 PO BOX 1576 SANIBEL,FL 33957 GREENWICH,CT 08636 EHNAL JOHN M SHANG PAUL SIMMONS GRANT G III EHNAL HANNAH 36 PARK AVE 89 AVONDALE RD ASPEN,CO 881 812 O BOX 1 GREENWICH,CT 06830 WESTERLY,RI 02691 1 NOWMASS CLUB ASSOCIATES LLC SNOWMASS CLUB CONDO ASSOC INC SNOWMASS DYNASTY TRUST 0 BOX 1248 PO BOX G2 C/O BILLIE E HAZELBAKER 1661 OLD HENDERSON RD SPEN,CO 81612 SNOWMASS VILLAGE,CO 81615 COLUMBUS,OH 43220 tiquettesfadlesApelar 00MU11018feuille www.avefycom Itilfsez fe gabarit AVERY®51600 Sens de chargement d1Instmc8cn 1-q()-GO•AVERY tEasy peed bets 1 P MYIIItl See tnsy coon Sheet; ® jet 5160®Use Ave TEMPLATE 5160®' Feed Pa er °`° for Eas Peel Feature j SPARKS REBECCA G STAPLETON CRAIG R STRECHER VICTOR J PO BOX 6178 PO BOX 1576 1614 GRANGER AVE SNOWMASS VILLAGE,CO 81615 GREENWICH,CT 06836 ANN ARBOR,MI 48104 STREISFELD JUDITH L REV TRUST 50% SUAREZ M LEE TRUSTEE THORNE PETER&BRINKLEYSTREISFELDSTEVENDREVTRUST50°hI 37 UPPER LADUE RD 1100 MASSACHUSETTS AVE 2ND FL DEL AYBEAC WAY ST LOUIS,MO 63124-1675 CAMBRIDGE,MA 02138DELRAYBEACH,FL 33446 Il TOWN HOME NUMBER ONE LLC TOWNE CENTRE PROPERTIES LLC WOOD PROPERTIES HSGL LLC 2355 COMMONWEALTH PK SOUTH 323 W MAIN ST#301 536 FREMONT AVE COLUMBUS,OH 43209 ASPEN,CO 81611 S PASADENA,CA 91030 1 i i 1 1 1 1 1 1 Otlquettes fadlas A polar A Consultez la feullle www.averycom Utillsez le gabarltAVERY05160® Sens de chargement d'histructton 1.81)0-60-AVERY j y 0 75 150 t I I WE I^• Feet S v: This rnap/ drawingliimage isa graphical representation of the features depicted and is not a legal c J ' 1 representation. The accuracy may change depending on the enlargement or reduction. L : w v., SNOWMASSCLUB CONDO ASSOC INC.,?` Copyright 2007 AspeNPiWn GIS SNOWMASS CLUBASSOCIATES LLC V. I 1` L J? SNOWMASS DYNASTYTRUST OONALO,' G KEMPF EX VICE PRESIDENT GOODMAN. MAR. , K-A BVOANNEK i - J COUNTRY CLUBTOWNHOMES SNOWMASS CLUB ASSOCIATES LLC li LOTUS PLAZA LLC 1 DYBDAHL JANIS L 1 COUNTRY CLUB TOWNHOMES REUSS GARRETT STAPLETON CRAIG R I; SCRIBANTE' ADRIAN HUNCKLERPATRICIACOKREV, TRST JOHNS SANDRA' SREV TRUTRUST I\ GERDENICH LINDAU° ' PRATpWALTER EI8 WIRRIETJ CROSSIE DELORES S'/ BROCKMAN, BER M TRUSTEE THORNE PETER& BRINKCEY HADLEY LVDIA' C17RUST 50X TOWNE CENTRE PROPERTIESLLC LEWIN FAMILYaTRUST( SNO, WMASSCLUB WILLING CYNTHIA WOOD' PROPERTIES' HSGL LLC :. fl ASSOCIATES LLC ECNEL PAULF RUTHERFORD CHARLES- E•&• AN N'E' I SPARKSREBECCAG DELE ENTERPRISES LLLPI TOWN HOME' NUMBER, ONE S STRECHER VICTOR7. KOEP. PE KAREN LFS EDWAfED P MURRAY MICHAEL T&' TAMAR. A' JOYCE SCHULZE. CHARLES. T'1/ 2 FINKELSTEIN RICHARD& SUSAN REEVESIDAVIDJ& KATHERINECV GOODWIN. RICHARD C' HENICK JANET DDAVIS SANDRA L8 LYNN AVATATE MASAE MARCIA BRAMBACH, ROBERT CLAYLFLEANORtJ Ua COWIE HORNtE BIKATHLEEN K. DONNELLH, 90B( JR tf- JAM9S' EDWINIJLE SHANG PAUL 14 i HEINZ M CYNTHIA L TRUSTEE90%' PETKE- KE14NE THJ & WMAU REENO IJ 1SIM\ ONS GRANT G1111 1 STREISFELD, JUDITMIL 4 MIDDLEBROOK MARK& FADIA I SUAREZM TE ILEE TRUSE f.. LAROSE PETERC'& BARBARAC SNOWMASS CLUB CIR r3' y, 1..•' ra4n. ARLEDGE REAL ESTATE CORPORATION ESPARZA JESUS. REV TRUST SAVAGE THOMAS R& SELMA IM q CLARK JAOUELINE Fkfi S. LOUSIER' ROBERTkJ.& JUDITH A COLINTRV' CLUB TOWNHOMES l22 LLC JAFFE MARK S_8 PATRICIAA' T5% FLOERSCH WILLIAM C q 1 CHAMBERSIRICHARD' L. TR. UTE JOHNSON TERRY• WAYNE' ll MORRISJAMESMICHAE 111III RAPHAELSON RALPH,. SUSAN 9 IN e b 4 h 52e Mm ter• t l4 g t MH as gC R T' I1• q. 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HT.. MATRIX 1 Ill ww nwrx. c nasoEs wr. rarrcamxswcna+ 1 UNIT A UNIT B SCALE: y19-= 17 EAST ELEVATION 0 4 T 16 A5 A G F D 38'- 0" MAX HEIGHT a. 11d r 1 Roof Plan r 11 t1l h E Z W i ' I ni LARGER PROFILE( 10' a= 0 N EXPOSURE) NATURAL s g Z 0 1 SIDING FINISHED IN not to scale) c NATURAL C LOR Ila Ir . 1 1 0 1 Ln OO CS U 1 UNIT A UNIT B E SYNTHETIC SHAKE( RECYCLED TIRE) NORTH ELEVATION SITE PLAN WITH HIGH FIRE RATING O 1 no# scale) U) V) ASOUTH ELEVATION O 1 T Yj 38'- 0" MAX HEIGHT N, CDCIO m UNIT A I Or UNIT e > 1 IV w 1 j1 Il i I, t• I 11I,. II•I NORTH ELEVATION 1 IM co fi = 1 BUILDING HEIGHT MATRIXRro _ 1 NATURAL S rONE our n art. woe nlrae ewnxi nec I svE oanma A 8008. 75 7979. 00 7960. 00 29'- 9' 25- 9' I B 8009. 56 7960A0 7980. 00 29'- 7- 29'- r 7 . 00 mo 79000 28- 0' 28' a ELEVATIONS R D 8018. 41 7980. 00 7960. 00 38'- 5' 36'- 5" BLDG. HT. MATRIX 1 E 7999. 25 7979. 00 7980. 00 20'- 3' 19'- 3' F 8016. 41 7980. 00 7980. 00 36'- 5' 36'- 5' UNIT B UNIT A O 6°° 7. 63 796°. 00 796°. 90 2T- 1 27'- 1°' 1 SOUTH ELEVATION 76I A6 D D D n n n O O O U1 Z DD o O C Z v 3 3 Il m I m m m m m co w m m m m N N N N N N 7 7 CL a a I I U,ZO 6 O CD l i I 0 Z w II 3 3 r 1 STAN CLA,U, ASSOCIATESiec V g g 300 Snowmass Club Circle n""3°" "' ° °" I 1 Inl Os[ Inn' .t m wxn.+ b mn som O c $ SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES INC 2000 XQ COGGINS-STEWART ARCHITECTS 0 0 0 m m m n n m m m c W m m m J J Vi Z O QO 3 Z C C C Z Z Z M m m N N N J J r Z o 0 w Q O Q 3 3 l 1 cn a R s a S" bTAobN]SCLAUSON oAbS. 8 S°O°CIAT"E S°.i.NLc t ,..°„o x"" " 'oCD 300 Snowmass Club Circle CD A fn t n a SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES INC 4000 t6g m p COGGINS-STEWART ARCHITECTS TI n z O O 2 2 D D m m n n O O z cn O O C m m m Co STAN CLAUSON ASSOCIATESinc r iam.a.n. .,.eu., . ....eo q....... ....t. p d q rann um s<w. •spgn.cw..gq w.. 300 Snowmass Club Circle a„gees»» Lggneq.ue S 9 InlgOfu nnln .mm xxx.f lennin com p d SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES,INC 2009 O r COGGINS-STEWART ARCHITECTS w w w w w w w - w w w w w w w w Fn a m n O m r m I d y Tm C m mA- ( cn tf m O 0 c 2 Z O X 2 Ra STAN CLAUSON ASSOCIATESiuc cn M y 300 Snowmass Club CircleD 31.9 4p9a CpKUpo lKu L9)o/yaY))a) 1.9)o9)oi6.9 S O — obu lannln m wmnu xnnln rom O M$ O a SNOWMASS, COLORADO 81654 STAN CLAUSON ASSOCIATES.INC 1009 AR Z COGGINS-STEWART ARCHITECTS DRAINAGE R ER090' V CONTROL MVERAI NOTES 1. THE LOCATIONS OF UNDERGROUND UTUTES ARE DO SNOW! W AL CASES HEREON. IT SHALL SE THE NNiRA M'S RESPONSIBILITY TO CONTACT ALL UTILITY COMPANIES FOR RELD UTUTY LOCATE$ 48 HOURS PRIOR TO CONSTRUCTION. L A. CONSRRUCTION SHALL BE IN COHRJANCE WM DURREXT TOWN OF SNOWMASS CODES, CONSTRUCTION STANDARDS AND SPEORCATNINS LruFRA NOIFA' wAIFM 1 SEE DRAINAGE AND EROSION CONTROL DETARS ON DEEM W AND GO OF B. 4. SILT FENCE S AU- BE WSTAII AROUND ME PERIMETER OF THE DISTURBED 1. ALL WATER MANS SHALL HAM: A MINIMUM O 8' OF W WR. SHOULD CONFLCTS AREA OR LIMITS OF CONSMUCITON TO PREVTNT EROSION AND SEGMENT TRANSFER ARISE BETWEEN EMSTNG UNDERGROUND " LINES. THE PROPOSED WATER MAN TO DOWN- GRADIENT AREAS. DEPTH MAY BE VARIED PROPOED THE MINIMUM C DEPTH 6 MAINTAINED. S. RNAL CATCH BASIN AND DRYWEIL UD DEYATIONS UNLESS SHOMN HEREON. SHAL L ALL MAIN UNE AND HYDRANT VALVES BOXES LOCATED IN TIKE ASPHALT BE ESTABLISHED IN ME RETD. SHAL BE ADRISIED TO 1/4 IWH BELOW BNISHED MADE EISVATIONS, B. CONTOUR INFORMATION ON THIS PUN IS BASED ON A BOUNDARY AND TOPOGRAPHIC 3. AL SEINER LINE AND WATER UNE COISTRUCRON SHALL BE IN ACCORDANCE SURVEY BY BOOKOIFF SIRIEYING STANCES, INC. DATED MAY 1% 2007. WTH SDMMASS WATER AND SANITATION DISTRICT RULES AND REGULATIONS 7. FINAL DOWN WWI COLLECMIN PIANO LOCATIONS SHALL BE WR1RED WTH 4. WATER SERVICE SIZES SAL- BE 1' ' K' COPPER TO UNITS" B' AND" C' AND 2' ARCHITECT PRIOR TO COHSTRUCTON. K' COPPER TO UNIT* A' FOR DOMESTIC SEANCE AND FIRE SPRWKUER PROTECTION. 1 SEE ARCHITECTURAL SITE PLAN FOR BUI DING SEMACN REQUIREMENTS 1 A= UM DEFLECTION PER " NT IS ID' PER JOINT OR R - 380' FOR W d8- OR 9. A. GRAQNG AND BAOOTL AROUND ME EXTETtlOR FWNDATXN SHA. M IN 6. WHERE A WATERLINE CROSSES BENEAM A STORM DRAINAGE CONDUT AND A000ROANCE WM ME FINAL SOLD REPORT. ACTUAL EARTH COVER IS REDUCED TO LESS MAN 9. NSUTADON COIL BE 10 EROSION COTMOL BLANHETS SHALL BE INSTATED ON ALL SLOPES STEEPER MAN REMO ED TO A OSTMa lO EITHER SIDE W THE WATERLINE PER DETAIL 21 IN ADDITION TO WHORE NOTED HEREON. 7. ALL EASING UTBJTY SERVICE SHAL BE uANTANED CONTNUOUAY MRWOTgUT CONS YDNI OF ME PROJECT LNL£ SS ARM PERMISSION IS OBTAINED FROM UTUTT SERVICE PROVDM. EXCEPT AS NOTED ON ME PLANS AND IN ME SPEORCADONS MY INTERRUPTIONS AND/ OR DAMAGE GILDED TO EXISTING UTIUTY FAMMS SHALL BE ME RESPONSIBUIY OF ME CONTRACTOR. GENERAL NOTES a` EHHa• p S. C TRACTOR SHALL OMIT ME CONSMUCTON OPMATON TO ME RIPLC R.O. W. OR WMM THE PROPERTY UNES SHOWN HEREON. ANY CONSTRUCTION ACTMTES OUTSIDE SAID PROPERTY SHALL REQUIRE ARDOR APPROVAL BY 1. ME LOCATIONS a UNDERGROUND UTUTIES HAVE BEEN ENGINEER. MY DAMAGE TO PRIVATE PROPERTY BY ME CONTRACTOR OUTSIDE ROTTED BASED ON A COMBINATION O UTIUTY MAPS AND SAID PROPERTY SHALL BE ME RFSPWBISIITY OF ME CONTRACTOR. REND SURVEY. N SOME NSTAIMMS THESE UTUTES. AS 9. ME LOCATION OF UNDERGROUND WATER LINES SHAL NOT BE RECD MOUNTED UNLESS SHORN. MAY NOT REPRESENT ACNA RECD CONDITONS IT SHALL PRIOR MMOVAL IS GRANTED BY ORTPoCT ENGINEER. BE ME CONMACTOR' S TO CONTACT ALL UTUtt COMPANIES FOR REVD UTLTY LOCATES 40 HOURS PRIOR TO CONSTRUCTION. 10, ME CONTRACTOR SHALL MMNATE ME POTENTIAL FOR MOSS- CONNECTONS BETWEEN ME L A MINIMUM Q TEN ( 10) FEET SEPARATION SHA. BE MAINTAINED POTABLE WATER SYSTEM AND OUTSIDE IRRIGATION SYSTEM. BETWEEN WATER LINES AND SANITARY SEWER ONES ( EDGE TO 11. ALL MAINLINE VA_'£ S, SEANCE VALVES AND TEES SHAL BE TYPE MJ XIL EDGE). F MIS IS NOT FEASIBLE, SEPARABON BETWEEN WATER AND TIRE HYDRANT ASSEMBUES SHALL INCLUDE AN MJ X SMWL TEE VINO SEWEN ONES SHALL BE DGHTEEN( 18) INCHES BETWEEN ME CROWN OF ME AN MJ X MJ GATE VALVE SEINER UNE AND THE INVERT O ME WATER UNE. SEWER LINE SHA. BE ENCASED ACCORDING TO ME STANDARD DETAIL( SEE SEWER DETAILS SHEET). IL MEGA- LUG JONT RESONANT DULL BE MANDATORY ON AL VALW% BENDS AND IN ALL CASES INSTALLATION O WATER AND SEWER LINES SHALL CONFORM TO RTTNGS CQONADO DEPARTMENT OF REAM STANDARDS AND SPEORCATONS 1 ALL SEINER UNE AND WATER UNE CCNSMUCRON SHALL BE IN 13. EXCAVATIONS ON PRIVATE PROPERTY STALL COWRY WTH THE UNIFORM RUMBNG ACCORDANCE WM ME SNOWLASS WATER AND SANITATON OSMICT RULES DDE' AND REOIIATONS 14. NEW POTABLE WATER MANS REWIRE STEMUZATON. PRESSURE TESTING, 4. CONMACTOR TO EXCAVATE ALL OTNNECIION LOCATIONS TO CONWCTNTY TESTING, AND A SUCCESSFUL BACTERIOLOGICAL TEST, PRIOR TO BEING FASTING SEWER UNE CONTRACTOR SHAL VERIFY ME INVERT RACED INTO SEANCE ELEVATION AND LOCATION AND REPORT TO ENGINEER. GRADES IS WATER PIPE SHAL BE INSULATED IN AREA WHERE ROAD OAVEFT 6 PROPOSED. DULL BE ADJJSTED IN THE RETD IF NDESSARY. S. SEWER APE SHALL MEET SNOWWASS WATER AND SANITATION DISTRICT STANDARDS AND SPEOAI TIONS. 6. SEWER SERVILE SAS SHALL BE 4' UNLESS OTHERWISE NOTED. t 7. SEMM SEANCES SHALL SE CONSTRUCTED AT A MINIMUM 1S GRADE EROSION CONTROL NOTES: FRON SEINER MAN TO TEMENATION PONT OR AS SPEOPM ON THESE PLANS 1 AL COSTING UTUTY SRMCE SHALL BE MAINTAINED CONTINUOUSLY THROUGHOUT CMST6% TON O ME PROJECT UNLESS 1. SILT FENCING SHALL BE INSTALLED AROUND PROJECT PERIMETER. PRIOR PERMISSION 6 OBTAINED FRQI UTUTY SERMCE PFIONOEt. EXCEPT AS NOTED ON THE PLANS ARID IN ME SPEC TONS, ANY 2. STRAW BALES SHALL BE INSTALLED AT ALL NEW CULVERT INLETS UNTIL INTERRUPTIONS AND/ Olt DAMAGE CAUSED TO EXISTING UTUTY SITE IS COMPLETELY REVECETATED. FAOUBES SHAL BE THE RESPONSIBILITY K THE CONTRACTOR. 9. INSTALLATION OF SEWER LIES THAT GROSS WATER LINES SHA. BE N 3. EROSION CONTROL LOGS SHALL BE INSTALLED IN NEW DRAINAGE SWA. ES ACCORDANCE WTH SHOWMASS WATER AND SANITATION DISTRICT STANDARDS AS DIRECTED BY ENGINEER. AND SPEOICAiDNS AND ME CCDRADD DEPARTMENT OF HEATH 10. EXCAVATIONS ON PRIVATE PROPERTY SHA. COMPLY MM ME UNIFORM RUMBNG 4. ALL DRAINAGE STRUCTURE INLETS SHALL BE PROTECTED IN ACCORDANCE WITH THE cOOE AND CHAPTER M ALQ APPENDIX CHAPTER M OF ME UWORV B1AUDMG INLET PROTECTION DETAILS ON SHEET C7 OF 9. Goof 11. SEWER MAIN SHAI1 BE TESTED AND IEIENSED N ACCORDANCE WTH ME CONSTRUCTION SPECIFTCAnONS 12 WATER PIPE SHAL BE INSULATED N AREA WHERE ROAD CULVERT IS PROPOSED. FOR REVIEW 8- 14- 09 ONWYW EDDIED BC NiT6oF a2 0.'s> aRly n NND BEAR REAL IY 9: OIHVAS$ COLOR400 mom DX¢ ICES NERERFD Wr Wrs JQYN F7I- 18 PINNACLE DESIGN CONSUL TING GROUP, INC. Pa A0 ommee aE JRW mrsrcnnB GACDEtes ows aOL' FmNr Pa90 300 SNOWMASS CLUB CIRCLE TOWNHOMES NEe caemmaE mmsn rsw 97- 2270 CONS7RUC770N AND KEY NOTES Cl OF 9 1 A' EY N07FS r© le' smel auN lrlNO AA9 rawlaE p RE W s• ASIY a.> n7a vle oow a'n Ave( lIF) aw mP, mOnA. q'b 0T0e! 7E ewrvAnl nerlma sAr cvr IAE NO EOYE 9= 1497 pLB aRRE IeW GL SA6o n LcnrrY NrlI0 701 IAEAILp/ i rANr O9 #• A¢ NA( r PAAefla, SETA( TPf OJ 1r9F0M! FNSOYa!' 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EuY. - 7o> 9.Y CxAPwc sto UNIT IN 6 iAlq 1 I 1 M- to R 1ST FL00R m I g cwmN NrLrvu - 1 rwr 7981. 00 LEGEND I LLG I 6 Alp 6 7979 j II I 6, a) O DEAN- NI As 2'4]d® Ii I RR ' i l 79Aneaai a'g." I ye> m° xe: r srmmpP, 1 9g7re1ewnuvTvJ wx 4i p1MG aECC10/ ARmr IV MDDDRAINAGE I I EASEMENT I ' ErslNnuol 795' I(/ _ :% LIMIT OFEIST R ANCE c`U raws rcewAOrzswsaL- raon swE m a nAm I 7982 I\ 4. z ne mumv smaF Iumr mums rw na nPaECr h'.S.°`° pie ur s7rmlLra iLD Any r awl . New w¢ enm rxs um 7981 Il 1„( J 9ENpAdA7IAI0 USES 1lIFl . 6.V w- rlr QEIA') ASV tr SRA' pl I 1953 POND rAIER xAS emv natuen AN w- sIE SAA9 Am acmes NIDNTPRN 7887 TAKE 1p.S® 9 PR0a¢ 9R AA7EKR S Pi0 161E S spsaArffn AAEASff 11987E N.0 macma7 PA SNNL 4' MTlflm Ar PARCEL 1 nE ENmwa p7nr As spw w srrr cs EAV. sp+ mNA12 eAtes ssut I LOT 2 vuLED Ar aelr7rr weErs A b_ EAg7lAN£ rrD OI.M. Opmc rtrA9aAmE IX VAI1w mt702W) T BGW N FOR REVIEW 8- 14- 09 aNNAnrs9rn ar Nlasav as assmr N Nn eEAa Nucrr syoNVAS. s mpeAao rArE Ar. 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S A A ENIRDrOKO 4 NW CS Mro nk' S0t• RWIRr ABUT WMNo CNS srA A eAwatED NOTE ARWNO MC ENIW£ w= E PERNE]£ R II ANOS pmTUArCNr/ RUNOFF 70 PLAN VIEW g P 6{ sEDVMEHr TRAPPING DENCF CULVERT EROSION BALE INLET PROTECTION LR W As ro NTS LYIN400AAX J• rvrs TTUPA IED wflwov roa SEO n REMOVAL SHALL W: FEA% MMLD APT/ C ADrr^ w.vr A T leI WARS Ir/ T rr/ a . rf .. rut LYNDNUWArFOG P,fl: WER fUNCROV. R arasl Lm DCJ a AW/ fS o VII1T Pf E PER B m Ai wW amvurx mm u wr W M. 1N xIBwNW xwusw La 50 Fr.. MIN. PLAN NEW t MADZ77NO LdN PLArr MEw L mrd P15f( 2't E' NfADW) OR' DE Wnntws d Eu R•c W RwF FA Pmvrw a nur Afffi AMRCrG NfMEO M 11801 IV.' rA o+b• 0 AND IWLT A1fA Ewrw A4 AX N M LRD. VTED A/. WFrA TE d1FA7ER THAN 52T lABbC yN w. w J' BDT LESS THAN 6' STAPtmro t' TraYA AyV4AYVSr erl• w MaK AV. Gw POS) s col qp PIL7FR FAB/ d'C GYBOWAL DnmRrr IF srcDW B-e 1 BY APPROVED OViD? 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I 4 ut xao J p9 6 4 gRe\Ia $ RPM 3f kama Val Ift i P J im ell g co 7 pP 9p j a all gR pp g9 g ey9gl gay qfo egv y3 9 dQ 9 •C6A " g b Ila ii: r Yu Efppgg Mpg NSF."s. as ae YYIY S Yky99° Q All, B 111111 g N 1111 a A a Ial jia o Snowmass Club Circle N N 0ffDa J d 0 E F1 W0c n m s JVPUnotj Auadoaa i r Z oa A QA () f 3c 3 0 u) N p5 w w v m w 2 w c i STAN CLAUSON ASSOCIATESme 9 C bnbuye utu uu.u.pbmmm..gw. •... 0 JJJ wu NeM YY Wut bwa CN ,.d.9,0, N 300 Snowmass Club Circle 9o=,t»> .,ranto-ia'• 7 I i in1w0X nnM .mm www 1 nnin .tom 0 b SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES,INC 2000 COGGWS-STEWART ARCRfTECTS Z g yv E N W= NF n 12 U i n 9 Z 6e Lb p < o= I c z a Tn: z w o I EXISTING FIRE HYDRANT NOTES: U= M 1. PLEASE REFER TO SHEET C3 OF 9, MASTER UTILITY PLAN WITH SURROUNDING STRUCTURE LOCATIONS, FOR PROPERTY BOUNDARY PROPOSED UTILITY LINES. Q I 2. AREAS NOT ASSOCIATED WITH INDIVIDUAL UNITS CONSIDERED COMMON OPEN SPACE. I NARROWED 30. 6 1 . 0 CONCRETE PATH i 3. PROPOSED EDGE OF WATER SINGL P K NG ST fkLLS wO I 1 s a 5. 0 cn J J10. 0 9. 0 CD Uai DRIVEWAY 6. jl J OCO - O AND C 1 . O ERVICE AREA 3 . 5 T UCOT! E/ A NcRFrFA. F I 0 Ir' Y O 1 Q7 3. PROPOSED EDGE OF WATER o. I 23: 2 Js 10' SETBACK Co PROPERTY BOUNDARY wow ea- o ss¢ Od11N9 RP ELIMINARYDEVELOPMENT N. nh Scale: 1" = 10' PLAN CILY, WTFpi 0 5 10 20 1 I A2 1 Np L Vn Ln if 4' ' r I r o E s 4 Z STAN CLAUSON ASSOCIATESmc 300 Snowmass Club Circle L9)ap15DP) Lpl°p1trb1B gl i ml°h nnln .tom wwws nNn m W w$ C $ SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES INC 2009 O m COGGINS-STE WART ARCHITECTS g W_ nC QtJ a 1 OPEN SPACE BREAKDOWN z;o SQUARE z ; AREA PERCENTAGE FOOTAGE LANDSCAPE AREA 52% 9, 051 ry u PROPERTY BOUNDARY PEDESTRIANAREA 7% 2, 779 1 LANDSCAPE AREA HARDSCAPEAREA 16% 1, 249 PEDESTRIAN AREA TOTAL of To75% non 9, 051 NOTE: AREAS NOT ASSOCIATED WITH INDIVIDUAL UNITS CONSIDERED i COMMON OPEN SPACE. U tO 1 Aw V) HARDSCAPE 1 AREA W 3 V) d p o 1 z i PROPOSEDSTRUCTURE o pM 1 COIrIr i LANDSCAPE i a AREA P , FRTY ARY w. sn s.we —m! Od, tADOPENSPACE MAP 1 FM RMIYNG FV1dC5E5 va., uor we cows, wcnrn N, mh Scale: 1" = 10' LA4 1 Snowmass Club Circle i- - - - - - - - - - - - - - - - - -- - - - - - - - r I I I IEEE) I I I I I X I I I I z A G)O 10 T I 7) mm p I xm 1 o m y I-• m Dm m j I z O O p A z D o o z I r I I I IAI m n Jm CI II C mIm 1I I I i m m 1 V) I \ i GZi Co i m C O L--------------i C/7 I A?M]Nn06 AIaEd08d z mNG ximm c n m COTO gyp CO m m Z 4 m m TN N m A m n0V0NYNVN 1 D II 21 °- D m mm STAN CLAUSON ASS,GCIATESuac i........ ..n.......1..... ..ul enlen b 3.0_0 Snowmass Club Circle 1. .b.51323 NMn. GIUNe4ImT1.9>9fjvs+)al f.9)ogo9i616 C) A I In1905 e I nnln .[om wnnaa lennlnMmgSNOWMASS.COLORADO 81654 STAN CLAUSON ASSOCIATES.INC 2009 M 0 $ m Z COGGINS-STEWART ARCHITECTS FISCAL IMPACT ANALYSIS:300 Snowmass Club Clrcle IUD Application PROPOSED DEVELOPMENT Estimated# Estimated School Aged Units Residents/Unit' Children/Unit' 4-bdrm 2 2.5 0.310 Subtotal 2 5 0.62 2000 TOSV Comprehensive Plan,Chapter Six,Table 6.1 City of Aspen Impact Fee Study and Update of School Lands Dedication"study by BBC Research and Consulting.7 Aug 06 ASSESSED VALUE Per Unit Residential Assessed Value $ 3.500,000.00 Based on other comps of real estate in area ESTIMATED EXPENDITURES Per Capita' General Government 800.35 Law Enforcement 529.26 Fire Protection 553.50 Community Development 446.78 Finance 280.25 Public Works 701.92 Parks,Trails&Recreation 139.48 Subtotal $ 3,451.54 Town of Snowmass Village 2001 Revised Budget Assumes a population of 1,822 permanent town reidents(2000 U.S.Census) Includes town council,manager,and clerk expenditures includes Administration,Transportation/Road,Roadways,Solid Waste,Shop expenditures ESTIMATED EXPENDITURES FOR DEVELOPMENT Estimated#Of Residents 5 Estimated Expend per Qaprta $ 3,451.54 Subfof61 5 1.7.'257r72 ESTIMATED REVENUES Per Capita Property Tax 131.53 Specific Ownership Tax 91.29 County Sales Tax 1162.21 Town Sales Tax 591.01 Intergovernmental 263.49 Licenses/Permits 178.23 Charges for Services 469.17 Fines&Forfeits 31.33 Contributions 445.78 Transfers from Other Funds 592.073 Other Revenues 200.67 Snowmass-Wildcat Fire District 419.08 Subtotal $ 4,575.87 e Includes miscellaneous revenues,other financing sources,and sale of assets 1 ESTIMATED REVENUES FOR DEVELOPME1 Estimated#Of Residents 5 Estimated Revenue oer Eaoita 4 575.87 Subfbfnl!$ 22!87.9!34 ESTIMATED FISCAL IMPACT OF DEVELOPMENT Expenditures $ 17,257.72 Revenues $ 22.879.34 Balance S (5,621.62) Excess Revenue FISCAL IMPACT ANALYSIS ON SCHOOLS : 300 Snowmass Club Circle PUD Application Proposed Development Estimated School Estimated # Aged Units Residents/Unit' Children/Unite 4-bdrm 2 2.5 0.310 tSubtotal 2 5 0.62 2000 TOSV Comprehensive Plan, Chapter Six,Table 6.1 t s"City of Aspen Impact Fee Study and Update of School Lands Dedication"study by BBC Research and Consulting, 7 Aug 06 ASSESSED V LUE e 0.0ResidentiaAssessedslue $ 00,000 Mill Levy for School (2007) 8.622 Assessor Rate for Residentia13 7.96% Proposed Fiscal Impact On School 942/Assessed Residential Unit 3 Pitkin County t 1 1 t SOLID WASTE DISPOSAL PLAN PROPOSED DEVELOPMENT The proposed development is two, four-bedroom townhomes. GENERATION RATE It is anticipated that each family will generate .5 yard of waste per week. ESTIMATED CUBIC YARDS OF WASTE PER MONTH 0.5 yard waste x 2 units x 4 weeks =4 cubic yards of waste per month or about 400 gallons REMOVAL PLAN A standard 90 gal trash bin,served by curbside pickup on a weekly basis will accommodate the trash generated by the proposed development. 1 1 1 1 1 1 L STAN CLAUSON ASSOCIATESINC landscape architecture.planning•resod design Memo 41aliarthhUllStmet bDen,Colorado gs6n c9aot>9as a3al 1.9 oHao rdag InioOscaDlanning.com mvw.scapiannlnl•com To: Town of Snowmass Village-Planning Department From: PaMck Rawley,Stan Clauson Associates,Inc. Date: 17 August 2009 Re: ENERGY CONSERVATION PLAN tMeasures to be taken to reduce energy use for the aforementioned project: 1.South Orientation of units for maximum solar heat gain 2. Reduced exterior skin (25%reduced as compared to single family home) t 3. In Floor Radiant Hydronic Heat and High Efficiency Boiler 4. High Efficiency Condensing Boiler for the snowmelt system 5. Instantaneous Water Heaters 6. No incandescent lighting: (compact) fluorescent throughout 7. Energy Star Appliances 8. Hot Tub (ca.400 gallon): Full foam closed-cell insulated,sealed heating element,continuous circulation system. DECLARATION OF CONDOMINIUM FOR CLUBHOUSE REDEVELOPMENT TOWNHOMES 1 THIS DECLARATION OF CONDOMINIUM FOR CLUBHOUSE REDEVELOPMENT TOWNHOMES(the"Declaration')is made and entered into this day of by Bear Developments,L.L.C.,a Colorado limited liability company the"Dcclarant"). RECITALS 1. Declarant is the owner of certain improved real estate described in Exhibit A,Town of Snowmass,Colorado,also known as the Clubhouse RedevelopmenfiTownhomes according to the Condominium Plat thereof recorded 2007 as Reception No. in the Office of the Clerk and Recorder of Pitkin County, Coloado,saidland and improvements being hereinafter collectively referred to as the"Real Estate-k 2. As more particularly described herein, Declarant desires by this Declaration to create a condominium common interest community under.fhe name and style of the"Clubhouse Redevelopment Townhomes", in which portions of said Real Estate will be designated for separate ownership and use and in which the remainder fsaidReal Estate will be designated for common ownership solely by the owners;of the separate ownership portions. NOW,THEREFORE, in furtherance Declaranthereby submits the Real Estate, era -. aincludingalleasements,rights-of--way and appurteaniances- thereto anrd the Building and other aA ship'!Unimprovementserectedthereon,to condominium ownershlp,under;and pursuant to the provisions of the Colorado Common Idferreat Ownership Act;.,Section§§38-33.3-101,et seq. of the ColoradoAo:Y ^mac-ten as a Revised Statutes, as itmay be amended from time to time(the"Act'),and to this Declaration. The common interest community herreby created is'hereinafter referred to as the Clubhouse Redevelopment Townhomes,or the,`Project".The Clubhouse Redevelopment Townhomes will 4becomprisedoffour(4) Condominium Units and Common Elements,all as hereinafter defined. Declarant hereby publishes and declares thafthe entire Project and each and every Unit and e „serta.R 56 hCommonElementthererushallbeheld,occupied, used, leased,mortgaged,sold and conveyed if subjectd,the following terms easements;,r"eservations,restrictions,covenants,and conditions. Declan 'further declares that this De laration is made for the purpose of protecting the value and desirability of the Clubhouse Redevelopment Townhomes;that this Declaration shall run w diwiththelandandshallbebinding on all parties having any right title or interest in the Clubhouse Redevelopment homes or any part thereof,their heirs, devisees, legal representatives, successors and assigns; ft and,shall inure to the benefit of the Declarant,the Association,and each and every Owner. ARTICLE 1 DEFINITIONS 1.1 Allocated Interests. "Allocated Interests" shall mean,with respect to each t Condominium Unit,a fraction or percentage of the undivided interests in the Common Elements and in the Common Expenses of the Association allocated to such Condominium Unit and the votes in the Association allocated to such Condominium Unit. The Allocated Interests for the Project are specifically set forth on Exhibit B attached hereto and made a part hereof by this reference. 001 12386.DOC/3) Page 1 1 1.2 Articles of Incorporation."Articles of Incorporation"or"Articles"shall mean and trefertotheArticlesofIncorporationofClubhouseRedevelopmentTownhomesHomeowners Association, Inc.,a Colorado nonprofit corporation which have been filed with the Secretary of State of the State of Colorado,as the same may be amended from time to time. 1.3 Assessment. "Assessment"shall mean and refer to a Regular Assessment,a Special Assessment,or a Personal Assessment,as defined herein. 1.4 Association. "Association" shall mean and refer to the Clubhouse Redevelopment Townhomes Association, Inc., a Colorado nonprofit corporation, its successors and assigns. The members of the Association are the Owners of Units in the Project. The Association shall act by G.,randthroughitsExecutiveBoardandofficersunlesstheArticlesofIncorporation or Bylaws of the Association or this Declaration specifically requires otherwise. 1.5 Building. "Building"means the buildings presently situated on the Real Property, together with(i)any additions or modifications or replacementsthat mahereafter be made thereto;and(ii)all improvements and fixtures contained therein. 1.6 Bylaws. "Bylaws" means the instrum rif adopted by the Executive B ardrof the Association for its regulation and management,togetherwth any amendme ts thereto. 1.7 Common Elements. "Common Elements" shall mean all portions of the Project other ethantheUnits, including the Real Estate.Without limiting the generality of the foregoing,the Common Elements include all structural coompon nntssatoof the Building` Blhmechanical systems and equipment in the Building which exist for the-,common use of some or all of the Owners,and all other parts of the Project used in common by some or of the *ners or necessary or convenient to the Project's existence,maintenance safety. }' 1.8 Common Expenses. "Common Expenses" shall mean and refer to all expenditures made or liabilities incurred by or onbe„half of the Aso ation,together with any allocations by the Association tForeservesr' 1 Condominium Map: Condommmm Map"shall mean and refer to the 1 Condominium Map of Clubhouse Redevelopment Townhomes recorded __ 2007 as ReceptionNo. in,Athe Officof the Clerk and Recorder of Pitkin County,Colorado,as ttheCondominiumMapmaybeamendedfromtimetotime. By this reference,the Condominiumum Map is incorporated in thisaration. The Condominium Map, and any amendments thereto, shall contain a certificate by a registered land surveyorocertifying that the Condominium Map contains(i)all of the information required by Section 38-33.3-209 of the Act,and(ii)that the Condominium Map was prepared subsequent to substantial completion of the improvements shown thereon. In interpreting the Condominium Map,the existing physical boundaries of each Unit as constructed shall be conclusively presumed to be its boundaries. In addition to any other rights reserved to Declarant in this Declaration, Declarant hereby reserves the right from time to time,without the consent of any Owner or Mortgagee being required,to amend the Condominium Map(i)to provide consistency between the Condominium Map and this Declaration,(ii)to satisfy any requirements in the Act, (iii)to correct any errors in the Condominium Map,(iv)to conform the Condominium Map to the actual location of any 00112386.DOC/3) Page 2 1 1 improvements constructed, installed or erected on the Real Estate,and/or(v)to establish and designate any General Common Elements as Limited Common Elements. The rights accorded to Declarant in this Section shall expire ten(10)years after the date this Declaration is recorded. 1.10 Condominium Unit."Condominium Unit" or"Unit"shall mean and refer to a Unit depicted on the Condominium Map,as Condominium Unit A,B,C or D. [Cross check unit references on Plat]Each of the Units is an airspace unit which is bounded by the unfinished interior surfaces of the exterior walls(or the demising walls,where two such Units adjoin each other), floors,ceilings(or the uppermost ceilings, in respect of Units containing more than one level),windows and window frames and doors and door frames of the Building,and which is separately identified on the Condominium Map.The boundaries of the Units shall be further defined by the provisions of Section 38-33.3-202 of the Act.The teCondominium Unit"does not include any utility facility running through the Unit that serves more than one Unit, or any other Common Element or part thereof located within the Unit. ' o:1.11 Declarant."Declarant"shall mean and refer-to DeveldpVents,L.L.C.,aR,s-•,tom. Colorado limited liability company, its successors,assigns and affiliates. A person shall be deemed a"successor and assign"of Declarant if specifically designated in a duI* corded instrument as a successor or assign of Declarant uncle `this Declration and shall tieda ed a successor and assign of Declarant only as to the parti ularr_rightd'oi`interests of Declarant under this Declaration which are specifically designated in that Wkittn instrument. 1 1 1.12 Declaration. "Declaration"hall mean and refer this Declaration of Condominium, as it may be amended from time totime 1.13 Executive Board Executive Board" r Board shall mean and refer to the Executive Board of the Association l 1.14 First Mortgage. "F rst Mort gage"shall mean a Security Interest on a Condominium Unit which has priority ovr`all othi Seeccun Interests in the Condominium Unit. 1.15.,Fi'tbIortgagee;4First Mortgagee"hall mean and refer to any person named as a mort gage€or beneficiary under any First Mortgage,or any successor to the interest of any such person under such First Mortgages y 16 General Comm"n Elements. "General Common Elements" shall mean and refer to we•: WOalloftheCommonElementsexcept the Limited Common Elements.The General Common Elements may not be conveyed or encumbered except as permitted by the Act;provided, however,that the granting of permits,licenses and easements for public utilities or other purposes consistent with the intended use of the Common Elements or reasonably necessary or useful for the proper maintenane or operation of the Project shall not be deemed to be a conveyance. 1 1.17 Limited Common Elements."Limited Common Elements"shall mean and refer to a portion of the Common Elements allocated by the Condominium Map and/or by this Declaration for the exclusive use of one or more of the Units but fewer than all of the Units. 1.18 Member."Member"shall mean and refer to each Owner of a Condominium Unit, including the Declarant.Membership in the Association shall be appurtenant to,and may not be separated from,ownership of a Condominium Unit. 00112386.DOC 13) Page 3 1 1.19 Owner. "Owner" shall mean and refer to any record owner(including Declarant), whether one or more persons or entities,of a fee simple title interest in any Condominium Unit; but excluding,however,any such record owner having such an interest merely as security for the performance of an obligation(unless such person has acquired a fee simple title interest therein pursuant to foreclosure or any proceedings in lieu thereof). 1.20 Personal Assessment."Personal Assessment"shall mean and refer to a charge against a particular Owner and the Owner's Unit for purposes of reimbursing the Association for costs and expenses incurred by the Association in connection with the enforcement of any provision hereof or the remedying of any violation by the Owner of this Declaration or any amendment hereto, or of the Articles or Bylaws or Rules and Regulations,or for purposes set forth in this Declaration,pursuant to Section 7.9 hereof,together with lat"elcharges and interest as provided herein. Personal Assessments shall include without limitation any Common Expenseddb+ . caused by the misconduct of an Owner or of such Owner's guests or invitees or customers.AIT `l 1.21 Project. "Project"shall mean and refer to the totality of all the Real Estate, Building,Condominium Units and Common Elements..- t, l1.22 Real Estate. "Real Estate" shall meairattd refer to that certain real properly in the Town of Snowmass,Colorado,that is more specifically lddsscsriibbad 1n Recital No Lin this Declaration,but expressly excluding certain development rights appurtenant thereto, which Declarant has specifically reserved as more fully set forth in`'Article 17 hereof. W 1.23 Regular Assessment."RegulazAs esssment"shall mean and refer to a charge against each Owner and the Owner's Unit or purposess covering the annual costs of operating and administering the Association and all other-Common Expense's.Regular Assessments are more particularly described in'Section 7.6 below.Regular Ass`asments are based on a Budget adopted by the Executive Board in accordance with Section 7.7 below,and are allocated to the Units in accordance With the Allocated Interests.. 1.24 Security Interest RIWAkunty Interest shall mean an interest in real estate or personalter. ."mss .> nvproperty,created by contract or conveyance which secures payment or performance of an l y, obligation.The term includes a lien created'by a mortgage,deed of trust,trust deed,security deed,contract for deed, land sales contract,lease intended as security,assignment of lease or 1rentsinteded'as security,and,any other consensual lien or title retention contract intended as security for obligation. r 1.25 Speci 'sses went."Special Assessment"shall mean and refer to a charge against each Owner and the O'wtteR's Unit for purposes of reimbursing the Association for costs and expenses incurred or tc be incurred by the Association for the purpose of paying for the construction,reconstruction,repair or replacement of capital improvements within the Project,the costs of which were not included in a Regular Assessment,or for excess reconstruction costs or other extraordinary expenses,or for funding any operating deficit of the Association,as authorized by the Executive Board from to time as provided herein. 1.26 Special Declarant Rights. "Special Declarant Rights" shall mean and refer to the development and other rights expressly reserved for the benefit of Declarant in accordance with the terms and conditions of this Declaration,including but not limited to Article 17 hereof. Please confirm ifthis is applicable or whether the development potential will be exhausted with this project] 00112386.DOC 13) Page 4 1.27 Garage Unit. "Garage Unit"shall mean and refer to Garage Unit No. A, B,C,and D,as depicted on the Condominium Map.[Please cross check how you will number units] ARTICLE 2 DIVISION OF PROJECT INTO CONDOMINIUM OWNERSHIP 2.1 Division into Condominium Units.The Project is hereby initially divided into four separate Condominium Units as more particularly depicted on the Condominium Map. Each of the four Condominium Units shall also include a Garage Unit as depicted on the Condominium Map. Each of the Units shall have an appurtenant undivided interest in the Common Elements as set forth on Exhibit B attached hereto,which undivided interest hasbeen computed for each Unit(with minor adjustments)by dividing the square footage of su&Unit by the total square footage of all Units without regard to decks or other Limited Cof on Elements, and then multiplying the quotient derived thereby by 100 to obtain the percentages contained on Exhibit B under the column heading"Percentage Interest in Common Elements."[7&will need to be modified to match the final square footage calculations] 2.2 Inseparability.Except as provided in S" ection 2.4 or'Article 17 hereof,+each Condominium Unit,and the appurtenances, rights and badens associated therewith shall be inseparable and may be transferred,conveyed, leased, devised, ncumbered or otherwise disposed of only as a Condominium Unit. Each Garage Unit must be transferred with the Condominium Unit. Except as otherwise provided in Article 17,every conveyance,transfer,devise, lease, encumbrance or other disposition of a Condm ummUnitshallbedeemedtobeaconveyance, transfer,devise, lease, encumbrance or otherv' dispsitup;as the caseay be,of the entirev s, firrCondominiumUnit,together with all appurtenant rights mteresu?duties and obligations created by law or by this Declaration r 2.3 Non-Pa rti' hionnabili Subject to the ri reserved to Declarant under Article 17 thereof, the Common Elements shall be owned in common by all of the Owners and shall remain undivided. By the acceptance'of a deed or;other.instrtunent of conveyance or assignment of the Condominium Upeach Ownespecifry wives any right to institute and/or maintain a any'othpartitionactionoranyother action designed to cause a division of the Common Elements. Furthermore, each Owneragrees thdt his Section 2.3 may be conclusively pleaded as a bar to the maintenaEce,of such an action Any violation of this Section 2.3 shall entitle the Association to collect,joinly;and severallylf m theparties violating the same,the actual attorney's fees,casts, expenses and'alldamages which the Association incurs in connection therewith. Any purported conveyance,encumbrance,judicial sale, or other voluntary or involuntary transfer of an undivided interest in the Common Elements made without the Unit to which that interest is allocated is void. i•' 2.4 Relocation of Boundaries of Condominium Units.Except as hereinafter specifically provided with respect to Declarant,no Owner or Owners may relocate the boundaries of any Condominium Unit(s)except by amendment to this Declaration in accordance with the applicable requirements hereof, including,but not limited to,any approvals required by Article 16 hereof. In addition,any relocation of boundaries shall be done in accordance with the procedures set forth in the Act,in particular Sections 212 and 213.All costs incurred in connection with such t relocation of boundaries shall be borne by the Owner or Owners of the affected Condominium Units, including all costs incurred by the Association in connection therewith. With respect to any such relocation of boundaries,the Owners of the affected Condominium Units shall have the right,with the prior written approval of the Executive Board of the Association,to re-designate, 00112386.DOC/3) Page 5 1 as part of a Unit or as a Limited Common Element,any portion of the Common Elements or any walls, floors or other separations between the affected Condominium Units, which may be necessary or appropriate to accomplish such combination or division;provided,however,that the exercise of the rights granted herein shall be subject to the prior written consent of any First Mortgagee having an interest in any such affected Condominium Units,in addition to the other approvals required by this Section 2.4 and Article 16. If Condominium Units are combined,the undivided interest in the Common Elements allocated to the combined Condominium Unit shall be the sum of the undivided interests of the Condominium Units that were combined.Any previously combined Condominium Units which are later divided shall be reinstated to the undivided interests in the Common Elements which they had prior to the combination. An amendment to the Declaration and Condominium Map implementing a relocation of Unit boundaries under this Section shall be executed and filed in accordancewth the Act. Notwithstanding any other provision of this Section 2.4, Declarant.gliIl have the right for a period of ten(10)years following the recording of this Declaration to relocate unit boundaries and/or to combine Units and to designate and redesignate Gen'erral Common Elements and Limited Common Elements in connection therewith,and no consent will be required from the Association,the Executive Board,the Owners, or any other pre son for Declarant to exercise such rights,and any amendment to this Declaration or the Condominium Map that is required to implement the same may be executed solely by Declarati t V- tF Id za. ARTICLE 3 CONDOMINIUM MAP 3.1 Recording.The Condominium'Map;shall be recorded ih'theoffice of the Clerk and Recorder of the County of Pitkin, Colorado,prior convey, c ofthe first Condominium Unit shown on such Condominium Map. 4 t 3.2 Content The Condominium Map shall depict and show all items required under Section 209 and elsewhere in the Acct,including but not limited to:the legal description of the Real Estate and a land survey,plat thereof;the locatoiof the Buildings in reference to thenit exterior boundaries of the ReabEstate,'Al floor and elevation plans;the location of the Units s thewithintheBuilding,`anduthe location of the Common Elements;to the extent not provided in this Declaration, the allocation of Limited Common Elements to a specific Unit or Units;the Garage Unit designations and th ndom v Unit designations. ARTICLE 4 COMMON ELEMENTS; MAINTENANCE OF PROJECT; ADDITIONSA'LTERNATIONS OR IMPROVEMENTS 4.1 Easement for Use of Common Elements; Right of Ingress and Egress.Every Owner,tenant,and their respective family members,guests, invitees and licensees shall have a right and easement of a oyment in and to the General Common Elements and those Limited Common Elements allocated to such Owner's Condominium Unit,plus a right and easement of ingress and egress over, across and upon the General Common Elements and those Limited Common Elements allocated to such Owner's Condominium Unit,for the purpose of entering and exiting such Owner's Condominium Unit, access to garages,parking areas, any public ways,for both pedestrian and vehicular travel,which rights and easements shall be appurtenant to and pass with the transfer of title to the Owner's Condominium Unit;provided, however,that such rights and easements shall be subject to the following: a)The terms,provisions, covenants, conditions,restrictions, easements,reservations, uses, limitations and obligations contained in this Declaration and the Condominium Map;and 00112386.Ix3C/3) 1 Page 6 1 1 b)The right of the Association to suspend the voting rights and any and all rights of any Member to the use of any recreational or other facilities for any period during which any Association Assessment against such Member or against such Member's Condominium Unit remains unpaid and,for any period of time which the Executive Board may deem to be appropriate,for such Member's infraction,or the infraction by any Member's tenant, any member of such Member's or tenant's family or such Member's or tenant's guests, licensees or invitees,of any provision of this Declaration or of any Rule or Regulation of the Association;and c)The right of the Association to adopt, from time to time,Rules and Regulations concerning the Condominium Units, use of the Common Elements, and/or any property,owned by the Association,and any facilities located thereon,as the Association may-determine is necessary or prudent;and r`x d)The right of the Association to grant permits,licenses and easements over,upon and through the Common Elements for utilities and other purposes easonablIM cessary or useful for the proper maintenance or operation of the Project. s y' 4.2 Limited Common Elements. Subject`foOhs mild provisions of thDeclazation, every Owner shall have the exclusive right to use and erjoy tthe Limited Common Elements allocated to the Owner's Condominium Unit,such right to be exercised in common with any other Owner to whose Unit the same Limited Common Ele has been allocated. 4.3 Recreational Facilities. There are no recreational facilifies,currently existing on the Real Estate or, at the time of recording of this Declaration,plannedvobe built by Declarant on the Real Estate. I *,, ` 4.4 Additions,Alterations or Improvements by Owners.No additions,alterations, changes or improvements shall be*0lstructed,made,done or permitted to any Unit by anyFP- Owner,or employee or agent#there ,out the p`rio rowrittenapprovaloftheExecutiveBoard, which approval may be granted or withheld by.tthheeAeeutive Board in its sole discretion. Without limiting the.geperah.y-of he foregoing,said'`restrictions shall apply to and include(i)alteration or auale r change of any structural elements o-bff a Unit, including the roof,(ii)painting or other alteration or chanZof the exterior ofa Unit, inelud ng doors and windows,(iii)alteration or change of any Common Elements(including Limited Common Elements,subject to Section 4.5(a)(iii)below) appurtenant to the Units,or(iv)'addition,alteration,change or removal of any landscaping.The foregoing resictions shall not apply to nonstructural additions,alterations,changes or improvements toh interior rfa Unit,that are not visible from outside the Unit,and that are in all applicablecompliancewithallapplicable laws,ordinances, regulations and codes.Except as specifically provided in Section 4.`5 low with respect to certain Limited Common Elements,and except for alterations to Limited Common Elements which have otherwise received the prior written approval of the Executive Board,no Owner shall have any right to alter,change or improve in any way the Common Elements or any part thereof, said Common Elements being the exclusive responsibility and jurisdiction of the Association. 4.5 Maintenance of the Project.All property within the Project, including without limitation all Units,General Common Elements and Limited Common Elements shall be kept and maintained in a safe,clean and attractive condition and in good order,condition and repair. a)Association Maintenance Responsibilities: Common Elements. The Association, acting by and through the Executive Board, shall be responsible for inspecting,maintaining, 00112386.DOC/3) Page 7 repairing,improving, restoring and replacing,the Common Elements, including the Limited Common Elements,and including the easement areas granted to the[Snowmass Golf Course]for public use or public access as identified by the Condominium Map. Such obligations shall include without limitation the painting,staining or other resurfacing of the exterior surfaces of all walls,exterior doors,windows,decks and balconies of the Units,the maintenance,repair, improvement, restoration or replacement of all structural elements and roofs, common lighting and utilities, snowplowing,and landscaping,irrigation and general upkeep of all yard areas.The Association shall have the exclusive right and authority to make any changes,alterations, improvements or additions to the Common Elements, including the Limited Common Elements, and shall have an irrevocable right of access into any Unit to perform such responsibilities, and no individual Owner shall have any right to do any of such things without the express prior written consent of the Executive Board. i)If the need for such maintenance or repair of,Common Elements results from ff the willful or negligent act of or from damage or destruction caused by an Owner or an Owner's tenant or invitee,the Executive Board shall have the rightto perform such maintenance or repair and to levy and collect a Personal Assessment upon the Owner and the Owner's Unit for the costs and expenses incurred by the Associatio nin connection therewith. y ii)The costs of repairs, maintenance,alterations, improvements or additions to General Common Elements shall be Project Common Expenses which shall be allocated and assessed amongst all Units inaccordance with theAll'o'cated Interests set forth on attached Exhibit B.The costs of repairs,maintenance, alterations,improvements to Limited Common Elements shall also be Pry o ject Common Expenses, but they shall be allocated and assessed only to the Unit or UUn,°its forw—hhoosse use they have been designated on the Condominiut-Map or in this Declaration, pro ortionately in accordance with such Units percentageinterestses n the Project as set forth on Exhibit B. iii) Maintenance, repair or replacement of any structure or facilities shall be the sr - or responsibility of the?Association unless such improvements have been dedicated to and acce pted the Town of Snowm9 or/(Snowmass Golf Course—who is responsible for the cart path?]'for the purpose of maintenance, repair, or replacement or unless such maintenance, repair, or replacement has been authorized by law to be performed by a 1specialdistrictoroth"er.municlp or quasi-municipal entity. b)Owner Maintenance Responsibilities:Each Owner of a Unit shall be responsible for maintaining,repmang, decorsng and otherwise improving as necessary all interior elements and features of the Owneis-Unit and Owner's Garage Unit, including interior non-supporting walls, improvements,fixturesequipment,appliances and appurtenances.All fixtures,equipment and utilities installed and included in a Unit that serve only that Unit,commencing at the point where the fixtures,equipment and utilities enter the Unit,shall be maintained and kept in repair by the Owner of that Unit.An Owner shall also maintain and keep in repair all windows and other glass items related to such Owner's Unit, and all entry doors and interior doors servicing such Unit. In addition,each Owner shall be responsible for any damage to other Units or Common Elements resulting from the Owner's failure to perform or negligent performance of the Owner's maintenance and repair responsibilities as set forth herein. Each Owner shall perform the Owner's maintenance and repair responsibilities in such manner as shall not unreasonably disturb or interfere with other Owners or Occupants. 00112386.DOC/3) Page 8 1 If an Owner fails to perform any such maintenance or repair obligations within 10 days following receipt of a written notice from the Executive Board requesting the same,the Executive Board shall have the right to enter upon the Unit of the Owner to perform such obligations on the Owner's behalf and to levy and collect a Personal Assessment upon the Owner and the Owner's Unit for the costs and expenses incurred by the Association in connection therewith. Each Unit is subject to an easement for the benefit of the Association and its Executive Board,agents, employees and contractors,for purposes of accomplishing the maintenance and repair rights described herein. c)Standard of Care. The Association and the individual Owners shall each use a reasonable standard of care in performing their respective maintenance, repair and upkeep responsibilities so that the entire Project will reflect a pride of ownership..WI repairs and replacements within the Project shall be substantially similar to the onginal construction, craftsmanship and materials and shall be of first-class quality. Z)4< 1k d)Reserves. The Executive Board shall establish such reserves as it may determine to be necessary or appropriate from time to time to provide-f rr the maintenance,t repair,replacement or restoration of Units,General Common Elements.orLimited Common Elements;and the funding of such reserves shall constitute Common'Ep nsses asset forth in Section j6 eblow. e)Emergency Maintenance and Repair.Notsfand ng any other provisions of this Section 4.5,in the event of an emergencytgr the sudden occurr,nce of unanticipated conditions which threaten the health, safety or physic well-being of persons or property within the Project, the Executive Board shall have the authority&&' ithout any notice being required)to take whatever t remedial action and to undertake such maintenanc repairs and improvements as may be necessary anywhere in the Project to protect personsrand property? n ARTICLEMBERSFIIP AND VOTING RIGHTS IN THE ASSOCIATION 5.1 Membership;,Voting Rights a)There"shall be one Membership m the Association for each Unit in the Project. TheIswhocbpersonorpersonswhoconstStutetheOwnerofaUnitshallautomaticallybetheholderofthe Membership appurtenantto that Unit;arld shall collectively be the Member of the Association withispct to that Unit andhe Membership appurtenant to that Unit shall automatically pass with fee simple title to the Unit Declarant shall hold a Membership in the Association for each Unit owned 155Ly Declarant. Membership' in the Association shall not be assignable separate and apart from fee simple title to a`Unit, and may not otherwise be separated from ownership of a Unit. ha; b) Each UniVin the Project shall have one vote in the Association. The vote for each Condominium Unit shall be exercised by the Owner or Owners as they determine. 5.2 Executive Board.The affairs of the Association shall be managed by an Executive Board which shall consist of the number of members which is set forth in the Association's Articles of Incorporation,as amended from time to time,or Bylaws,as amended from time to time.From the date of formation of the Association until the termination of the Period of Declarant's Control as provided below,Declarant shall have the right to appoint and remove all members of the Executive Board and all officers of the Association. The Period of Declarant's Control of the Association shall terminate upon the first to occur of(i)sixty(60)days after conveyance of 75%of the Condominium Units that may be created in the Project to Owners other 00112386.DOC/3) Page 9 than Declarant,or(ii)two(2)year after the last conveyance of a Condominium Unit by Declarant in the ordinary course of business. Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of the Period of Declarant's Control,but in that event Declarant may require, for the duration of the Period of Declarant's Control,that specified actions of the Association or Executive Board,as described in a recorded instrument executed by Declarant,be approved by Declarant before they become effective.Not later than sixty(60)days after conveyance of 25%of the Condominium Units that may be created in the Project to Owner other than Declarant,at least one member and not less than 25%of the members of the Executive Board will be elected by Owners other than Declarant. Not later than sixty(60)days after the conveyance of 50%of thCondominium Units that may be created in the Project to Owners other than Declarant,,ofless than 33-I/3%of thew member of the Executive Board will be elected by Owners other.ttian Declarant.Not later than the termination of the Period of Declarant's Control as providedabovee,,the Owners(including Declarant)shall elect an Executive Board of at least three(3)embers,of lasta majority of whom must be Owner other than Declarant or designated representatives of Owner other than Declarant and the Executive Board shall elect the officers,with such Directors and officer to ttakeofficeuponterminationofthePeriodofDeclarant's Control?Within sixty(60)days afteru,. e r Owner other than Declarant elect a majority of the Executive Board,Declarant shall deliver to the Association all property of the Owners and the Assocla"tinheld or controlled by Declarant, including without limitation those items specified in SectionX03(99)of the Act. Upon and after Declarant's turnover control of the Board(e&,by the resignation of s, ti all Declarant-appointed Directors)and delivery of the information and materials required by Section 303(9)of the Act,Declarant shall have,the same nghts as any other Unit Owner in the election of Directors of the Association,to wit: All votes castbyDeclarant as a Unit Owner shall be counted in an election of rs,and it shall'no longer be required that a majority of the tmembersoftheBoardlieOwnersotherthanDeclarantordesignatedrepresentativesofOwners other than Declarai t v ARTICLE 6 THE ASSOCIATION_ lift8.1 Association;General Pii&rseThe Association has been organized as a Colorado Hoop oft corporation underthe ColoradoRevised Nonprofit Corporation Act, and shall be X64 doperated,piovide for the acquisition,construction,management and maintenance of association property"as thatlterm is used and defined in Section 528 of the Internal Revenue Code and its regulations. Thel6ociation shall serve as the governing body for all of the Owners for the protection, mipiovement,alteration,maintenance,repair,replacement,administration and ea ry operation of the Commoli Elements,the levying and collection of Assessments for Common Expenses and other expenses of the Association,and such other matter as may be provided in this Declaration,the Articles and the Bylaws.The Association shall not be deemed to be tconductingabusinessofanykind,and all funds received by the Association shall be held and applied by it for the Owner in accordance with the provisions of this Declaration,the Articles and the Bylaws. Subject to any limitations on such power as are set forth in this Declaration,the Association shall have and may exercise all of the rights,power,privileges and immunities of taColoradocorporationformedundertheColoradoRevisedNonprofitCorporationAct,and all of the powers and duties provided for in the Act and in particular under Section 302 thereof, including without limitation all of the power and duties necessary(i)for the administration, 001 12386.DOC/3) Page 10 1 1 management,governance and operation of the Project and the Association,(ii)to own, operate, improve,maintain,repair,manage, lease,encumber,and otherwise deal with the Common Elements, including the Limited Common Elements,(iii)to enforce the provisions of this Declaration,the Rules and Regulations,the Articles and Bylaws,and(iv)to do any and all lawful things that may be authorized,required or permitted to be done by the Association under the Act and/or under the provisions of this Declaration. 6.2 Specific Powers of Association. Without limiting the generality of the foregoing,the Association shall have the power and authority to: a)Adopt and amend Bylaws and Rules and Regulations; b)Adopt and amend Budgets for revenues,expenditures A9 reserves,and collect Assessments for Common Expenses of the Unit Owners; c)Hire and terminate managing agents and other employeeNgIhAs jand, independent contractors; d)Institute,defend or intervene in litigatidn or administrative proceeds its own name on behalf of itself or two or more Unit Owners onmatters affecting the Prq)ei; e)Make contracts and incur liabilities-, f)Subject to the provisions of Sectlom4:5(a)above,regulate'and implement the use, maintenance, repair,replacement,and modification of_Common Elements; v g)Cause additional impments to be made as a poor[of the Common Elements; h)Acquire,<hold;encumber, and convey in its own name any right,title,or interest to real or personal property;`object tothe proviso thaiCommon Elements may be conveyed or subjected to a security interest only pursuant to.Section 312 of the Act; Q)Grant easembntst leases;licenses,and concessions upon,through or over the Common Eleme is or any part thereofs j) Impose and receie`,paym nts,fees,or charges for the use, rental or operation of the Common Elements other th nKfimited Common Elements; k) Impose cliarges.for late payment of Assessments,and recover reasonable attorney fees and other legal costs for collection of Assessments and other actions to enforce the power of the Association, regardless of whether suit is initiated; 1)Impose reasonable charges for the preparation and recordation of amendments to the Declaration or Notices of Delinquent Assessments; m)Provide for the indemnification of Association officers and Executive Board members and maintain Directors' and officers' liability insurance; n) Exercise any other powers conferred by this Declaration or the Bylaws; 00 1 12386.DOC/3) Page 11 t o)Exercise all other powers that may be exercised in Colorado by legal entities of the same type as the Association;and p)Exercise any other powers reasonably necessary and proper for the governance and operation of the Association. 6.3 Compliance with Laws; No Damage or Waste.Nothing shall be done or kept in any Condominium Unit or in or on the Common Elements, or any part thereof,which would be in violation of any statute,rule, ordinance,regulation,permit or other imposed requirement of any governmental body having jurisdiction over the same.No damage to,or waste of,the Common Elements,or any part thereof,shall be committed by any Owner or Owner's tenant,or by any member of an Owner's or tenant's family,or by a guest, invitee, licensee'or,concessionaire of any Owner or Owner's tenant. Each Owner shall indemnify and hold thOAssociation and the other Owners harmless from and against all loss and damage resultingAany action or activityIQ-4 committed by him,his tenant or the members of his or his tenant's family;his or his tenant's guests, invitees,or licensees which is in violation of this Section 6.3,incldg but not limited to any permitted improvements constructed by an Owner in'oor pon the LimitedCommon Elements. At its own initiative or upon the written request of an ,''Owner(and if the Association determines that further action by it is proper),then the amount to be indemnified shall be and constitute a Personal Assessment determined and levied against theOwner'sCondominium Unit. 6.4 Management Agreements and Other Contracts:The Association may delegate management of its business affairs. The Association's contractwith the managing agent shall be terminable for cause without penalty to the Association,and any ssu hcontract shall be subject to renegotiation,as required by Section 38-33.35-302(4)(b)'of the Act.aAny management contract,14 tea employment contract,any other contract or lease between the Association and Declarant, or an affiliate of Declarant or any;contract or lease that ws unconscionable to the Owners at the time entered into under the then-prevailng circumstances may be terminated without penalty by the Association at any timfollowingpiration of De larant's Period of Control of the Executive Board,upon not less than ninety(90)days notice heother party. 6.5 Acquiring and Disposing of Rb and Personal Property.The Association mayMr- w acquire own and hold,'or the use and benefit of all Owners,tangible and intangible personal AV props and real property;ff&such uses and purposes as the Executive Board may in its discretion? eeeem appropriate from time to time, and may dispose of the same by sale or otherwise. The beneficial)interest in anysch property shall be deemed to be owned by the Owners in thesameundividedproportionastheirrespectiveundividedinterestsintheCommonElements. Such beneficial inters of an Own hall not be transferable except with the transfer of that Owner's Condominium UnitTiansfeof a Condominium Unit including Vansfer pursuant to foreclosure, shall tran sfer to the taann'saee ownership of the Vansferoe beneficial interest in such personal and/or real property without any reference thereto.Each Owner may use such personal and/or real property in accordance with the purposes for which such property is intended and in accordance with such conditions, limitations,restrictions,and Rules and Regulations as may be placed on any such property by the Executive Board in its sole discretion from time to time,provided that such use of any Owner shall not hinder or encroach upon the lawful rights of other Owners. 6.6 Promulgation of Rules and Regulations. The Executive Board of the Association may promulgate and enforce,including,without limitation, enforcement by levying and collecting charges for the violation thereof,reasonable Rules and Regulations governing(i)the use of the Condominium Units,Common Elements and any property owned by the Association, ii)the investment of reserve funds, and(iii)such other matters as the Executive Board may 100112386.DOC/31 Page 12 1 1 consider necessary or appropriate from time to time,which Rules and Regulations shall be consistent with the terms and provisions of this Declaration. 6.7 Conveyance or Encumbrance of Common Elements.The Association may convey or grant a security interest in portions of the Common Elements only in accordance with the provisions of Section 312 of the Act. 6.8 Limited Liability.Neither the Association nor its past,present or future Members, officers or directors,nor any other employee,agent or committee member of the Association shall be liable to any Owner or to any other person for actions taken or omissions made except for wanton and willful acts or omissions. Without limiting the generality ofthe foregoing,the Association and the Executive Board shall not be liable to any Ow ofother person for any action or for any failure to act with respect to any matter if the actin taken or failure to act was inrU*— good faith and without malice.Acts taken upon the advice of legal counsel, certified public accountants, registered or licensed engineers,architects or surveyors shkil'conclusively be deemed to be in good faith and without malice. 6.9 Public Disclosures.The Association shall be obligated to provide the annual notice to Unit Owners required by Section 3 8-33.3-209A(I),f and shallbe noti obligated to makecertain wr.La. rr information available to Unit Owners upon reasonable ice as required by Section 38-33.3- 209.4(2)and to educate the Unit Owners with respect to certainAssociation matters as required by Section 38-33.3-209.7. ARTICLE 7 ASSESSMENTS V 7.1 Assessment Obligation; Taxes and Utilities>For each Unit, Declarant shall be deemed to covenant and agreeand each Unit Owner,by acceptance of a deed therefor(including a public trustee's or sheriffs dd),.whether or not it shall be`so expressed in any such deed or other instrument of coeyance, shall be deemed to covenant and agree,to pay to the Association: (1)RegularAssessmentts or charges,()Special Assessments,and(3)Personal Assessments,such assessments to be established and collected as hereinafter provided collectively ttie =Assessments'jThe Assessments,together with interest, late charges, costs,r wserr and reasonable attorneys';fees,shall be a continuing lien and security interest upon the Unit 4 <_, Qua.against which each such-4—T'uch Assessment charged.The obligation for such payments by each Unit Owner to the Association Is an,mdepehdent covenant,with all amounts due from time to time payable infull,without notice(except as otherwise expressly provided in this Declaration)or demand, dwthout set-off 7deduction of any kind or nature.Each Unit Owner is liable for the t full amount of all 4ssessmentsmade against such Owner's Unit as ajoint and several obligation with all other Ownersof thei Unit.Each Assessment,together with interest, late charges, costs an d e=treasonableattorneys'fees,shall also be the joint,several and personal obligation of each person who was an Owner of u h Unit at the time when the Assessment became due. Upon the transfer of title to a Unit,the transferor and the transferee shall be jointly,severally and personally liable for all unpaid Assessments and other charges due to the Association prior to the date of transfer, and the transferee shall be personally liable for all such Assessments and charges becoming due thereafter. In addition to the foregoing,each Owner shall have the obligation to pay real property ad valorem taxes and special assessments levied upon his or her Unit by Colorado governmental authorities, as well as all charges for separately metered utilities serving the Unit.The charges for utilities which are not separately metered to an individual Unit may be collected by the 00112386.DOC13) Page 13 1 Association as part of the Common Expenses,provided the charges for such utilities shall be allocated among the Units based on actual usage, if such can be effectively determined. 7.2 Statutory Lien. The Association has a statutory lien pursuant to §38-33.3-316 of the Act on the Unit of an Owner for all Assessments levied against such Unit or fines imposed against such Unit's Owner from the time the Assessment or fine becomes due(the"Assessment Lien").Fees,charges, late charges,attorneys'fees,fines and interest charged by the Association pursuant to the Act or this Declaration are enforceable as Assessments. The amount of the lien shall include all such items from the time such items become due. If an Assessment is payable in installments, the Association has an Assessment Lien for each installment from the time it becomes due, including the due date set by the Executive Board's acceleration of installment obligations.An Assessment Lien is extinguished unless proceedings toenforce the lien are instituted within 6 years after the full amount of Assessments becorie"s due. 7.3 Lien Superior to Homestead and Other Exemptions.An Assessment Lien shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any exemption now or hereafter provided bye ih laws of the United States. The acceptance of a deed subject to this Declaration shallconstitute,a waiver of the homestead and any other exemption as against said Assessment LienLi 7.4 Priority of Lien. An Assessment Lien is prior to`all other liens and encumbrances on a Unit except as follows: a)Liens and encumbrances recorded before the recordation ofAis Declaration; G. i .~•. U b)A security interest on the Unit which h ,pnorityDyer all other security interests on the Unit and which was recorded before the date on which the Assessment sought to be enforced became delinquent. An AssessmntLien is prio o the security interest described in the preceding sentence t the extent On amount equal to the Regular Assessments(based on a Budget adopted by the Associationp rsuant to Section 7.7 below)which would have become due, in the absence of any acceleratio`'during the 6months immediately preceding institution byVWW the Association or:anyparty holding a lien senior to any part of the Association lien created underter. -4*, this Article 7 of an action or a nonludicial foreclosure either to enforce or to extinguish the lien; Liens for real estate taxes a d other governmental assessments or charges against theUnit;an d" d)As mayrotherwise be set forth in the Act. The priority of mechanics'and materialmen's liens'is of affected by the Act. This Article 7 does not prohibit an action or suit to recover sums for whichsthis Article 7 creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Unit shall not affect the lien for an Assessment. 7.5 Perfection of Lien.The recording of this Declaration constitutes record notice and perfection of the statutory lien.No further recordation of any claim of lien for Assessments is required;however,a claim may be recorded at the Association's option,in which event costs and attorneys'fees incurred in connection with the preparation and filing of such claim shall be assessed against the Unit as a Personal Assessment. 7.6 Regular Assessments. 00112386.DOC/3) 1 Page 14 1 a)A Regular Assessment shall be made annually against each Unit based upon an annual Budget prepared by the Executive Board,for purposes of paying(i)the annual costs of operating and administering the Association and all other Common Expenses,(ii)reasonable reserves for contingencies, maintenance, repairs,replacements,and other proper purposes,(iii) the costs of services rendered or expenditures incurred by the Association to or for less than all Units,(iv)the costs of repairing,maintaining or improving Limited Common Elements,and reasonable reserves for such costs,which costs shall be assessed only to the Units designated for the use of said Limited Common Elements, and(v)such other matters as may be reasonably determined by the Executive Board to be the subject of a Regular Assessment; b)Regular Assessments shall be allocated in accordance with the Allocated Interests of each Unit in the Common Elements of the Project as set forth on attachedExhibit B,except that i)any Common Expense or portion thereof benefiting fewer than•flof the Units maybea. assessed exclusively against the Units benefited;and(ii)any Common Expense associated with the maintenance,repair, improvement or replacement of a Limited Common Element shall be assessed only against the Unit(s)for which the Limited Common Elementsdesignated. c)Regular Assessments shall be levied on a calendar year basis,except that the initial Regular Assessment period shall commence on thefirst day of the calendar month'br quarter in which the first Unit is conveyed by Declarant to a personother.thaan Qeclarant. Regularqr" it Assessments shall be paid in installments on a monthly orq aiterly basis,as the Executive Board may determine from time to time,and shall be due either on the first day of each calendar month or on the first day of each calendar year qarter;(January 1,Apnllz July 1 and October 1)as appropriate. Unless and until changed to ao thlysystem by the Executive Board, Regular Assessments shall be due and payable on thefirst dayof each calendar quarter. Any Owner acquiring a Unit between installment due dates shall pay, a pro rata share of the immediately preceding installment./ d)The Exec 1 e Board shall fix the amount of the Regular Assessment, using the Budget procedure described below,at least thirty(32)-days before the end of each calendar year.a x Written notice of the RegularAssessment shall be sent to each Owner. Failure of the Executive Board timely to'fatd levy the Regular Assessments for any year or to send a notice thereof to any Owner shall not relieve or release any Owner from liability for payment of Regular Assessments or any installments thereoffor that or subsequent years as soon as the Executive Board ie a v Board IeVies the Regular Assessment and provides notice thereof. If a duly adopted Budget is r"I 3amendedduringthecalendaryear thifExecutive Board shall provide written notice to the Owners of anyEhanges cause`d.thereby in the remaining Regular Assessments due during thatt- year. It e)The Executive Board shall also mail to each Owner at least the(10)days prior to the due date thereof a writNe notice of the amount of the next quarterly(or monthly)installment of Regular Assessment that is due from such Owner,and the date on which such installment is due pursuant to subparagraph(d)above. Failure of the Executive Board to send timely notice to any Owner of an installment of Regular Assessment due shall not relieve or release any Owner from liability for payment of that installment as soon as the Executive Board in fact provides such notice. f)In accordance with §38-33.3-314 of the Act,any surplus funds remaining after payment of or provision for Association expenses and any prepayment of or provision for reserves shall be carried forward as a credit against the next year's budget. 00112386.DOCI3) Page 15 7.7 Association Budget. Commencing in 2008,and during the last three(3)months of each calendar year thereafter,the Executive Board shall prepare or cause to be prepared an operating budget for the Common Expenses for the next calendar year(the"Budget'). Each Budget shall provide for the allocation of any surplus funds remaining from any previous Budget period. Within thirty(30)days after adoption of the proposed Budget,the Executive Board shall mail,by ordinary first-class mail,or otherwise deliver,a summary of the Budget to all of the Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification of the Budget not less than fourteen(14)nor more than sixty(60)days after the mailing or other delivery of the summary. Such meeting may,but need not be,concurrent with the annual meeting of the Members as provided in the Bylaws. Unless at that meeting at least sixty-seven percent(67%)of all allocated votes in the Association reject the Budget, the Budget shall be ratified,whethe46rnot a quorum of Owners is present. In the event that a proposed Budget is rejected,the BudgeMs't ratified by the Unitvs. Owners shall be continued until such time as the Unit Owners,xratrfya a subsequent Budget proposed by the Executive Board. If the Executive Board considers it necessary;porlappropr ate, a duly adopted Budget may 41 be amended during the calendar year by the Execev9Board prow ded the same notice and ratification procedure is followed for the Amended Budge ras is&4uired for the annual Budget. 7.8 Special Assessments. In addition to the Regular Assessments and Personal Assessments authorized in this Article 7 theExecutive Board ayjlevy, in any assessment year, a Special Assessment applicable to that yearolyT6r.the purpose ofdefraying, in whole or in part, ir, tfdthecostofanyconstruction,reconstruction,repair, maintenance,o4replacement of capital improvements(including related fixtures and personal property)y o or upon or serving the Project, or for excess reconstruction cost's or other extraorAnary expenses,or for funding any operating deficit of the Association Special Assessments shall be based on a Budget adopted in accordance with the procedures described to Section 7.7 above. Special Assessments shall be allocated ink a same manner as Regular Assessments,thatis, in accordanceswith'the Allocated Interests of each Unit in the Common Elements of the rviProject,provided thatatSpecial Assessments that benefit fewer than all of the Units shall be allocated'exclusively to teehitsbfid: Special Assessments shall be due and payable to the Ass cibatnontheduedate-fired by th6 Executive Board in the notice given to the Owners of such Special Assessment which due date shall be no earlier than thirty(3 0)days after the giving of such notic&t.'cY 7.9 Personal Assessments. In addition to the Regular and Special Assessments n authorized hereunder,the Executive Board may levy against any Owner or Owners,at any time and from time to time;aPersonal Assessment for purposes of reimbursing the Association for all costs and expenses incurred by it in enforcing any provision of or in remedying any violation of this Declaration,the Rules and Regulations,the Articles or Bylaws,by such Owner or Owners, their tenants or invitees,or their agents,employees or contractors. Personal Assessments may also be made by the Executive Board for any other purposes for which this Declaration provides for the levying of a Personal Assessment. Personal Assessments shall be due and payable to the Association on the due date fixed by the Executive Board in the notice given to the Owner(s)of such Personal Assessment,which date shall be no earlier than thirty(30)days after the giving of such notice. 00112386.DOC/3) Page 16 1 7.10 Declarant's Obligation to Pay Assessments.Declarant shall be obligated to pay the Regular, Special and Personal Assessments levied on each Unit owned by Declarant. 7.11 Effect of Nonpayment of Assessments,Remedies of the Association.Any Assessment or portion or installment thereof which is not paid when due(or for which a bad check is issued)shall be deemed delinquent and shall bear interest from and after the due date at the rate of interest set by the Executive Board from time to time, which shall not be less than twelve percent(12%)nor more than twenty-one percent(21%)per year,or the maximum allowable by law,whichever is less,and the Executive Board may also assess a late charge thereon and/or may assess a bad check charge in the amount of ten percent(10%)of the bad check.The Executive Board may also elect to accelerate the installmentobligations of anyAAll Regular Assessment for which an installment is delinquent,and may suspp6nd the delinquent Owner's use of any amenities in the Project and the provision of Association services and benefits during the period of any delinquency in paying Assessmentss,The delinquent Owner shall also be liable for all costs, including attorneys'fees,which maybe incurred by the Association in collecting a delinquent Assessment,which collection costsshall be addedofthedelinquent Assessment.The Executive Board may but shall not be required to record aVotice of Delinquent Assessment or charge against any Unit as to which anAssessment or charge isdelinquent. The Notice shall be executed by an officer of the Executes e`Board, and shall set forth the amount of the unpaid Assessment or charge,the name of the delinquent Owne.and a description of the Unit. The Assessment Lien may be foreclosed by the Association in the same manner as a mortgage on real property.The Associationshall be entitled topchase the Unit at foreclosure. The Association may also bring an action at V7gainst the Owner spally obligated to pay the delinquent Assessment and/or foreclose the lien`aginst said Owner's Unit in the discretion of the Association.No Owner may exempt himself or othewiseavoid liability for the Assessments provided for herein by waiverofthe use or enjoyment of anyommon Elements or by abandonment of the Unit s.which the Assessments are made. 1 tiInanyactionbythe-Associatlon to collect Assessments or to foreclose a lien for unpaiduaFri..._ MiAssessments,the court may app oin reta ce.ver go collect all sums alleged to be due from the UnitOwnerpriortoorduringthependingoftheaction. The court may order the receiver to pay any sums held by the receiver to the Association during the pending of the action to the extent of the Association's Regular Assessments.The Association shall furnish to an Owner or such Owner's desi ee br;to a holder of aecurity intest or its designee upon written request, deliveredxpersonallyiiibyfacsimiletransmittal`or by certified mail,first class postage prepaid,return receipt requ Y 0' ac s' to the Association,a written statement setting forth the amount of unpaid Assessments cutly levied gainst such Owner's Unit, whether delinquent or not.The statement shall be fiirn'ished within fourteen(14)days after receipt of the request and is binding ayv on the Association,the E ecuI ve Board,and every Owner. If no statement is timely famished either delivered personally or by facsimile transmission or by certified mail,first-class postage prepaid,return receipt requested,to the inquiring party,then the Association shall have no right to assert a lien upon the Unit for unpaid Assessments which were due as of the date of the request. 7.12 Liens. In accordance with the requirements of the Act,as amended, Declarant hereby states that it is possible that liens other than mechanics' liens,Assessment Liens or tax liens may be obtained against the Common Elements, including without limitation judgment liens and construction or purchase money mortgage liens. ARTICLE 8 INSURANCE 00 1 12386.DOC/3) Page 17 1 1 8.1 Insurance Requirements.The Association shall obtain,maintain and keep in full force and effect at all times the following types of insurance, and the cost of said coverage shall be paid by the Association as a Project Common Expense: a)Casualty Insurance.Property insurance on the Common Elements(including the i Limited Common Elements)and on any property owned by the Association. The insurance must include the Units but not the finished interior surfaces of the walls, floors and ceilings of the Units. Such insurance shall be for broad form covered causes of loss, including casualty,fire,and extended coverage insurance including,if available at a reasonable cost,coverage for vandalism and malicious mischief and,if available and if deemed appropriate, coverage for flood,mud flow, tearthmovement,and war risk. Such insurance shall,to the extent reasonably,obtainable,be for the full insurable replacement cost of the Common Elements and other insured property, less s t..,applicable deductibles at the time the insurance is purchased and at each renewal date,exclusive 1 , of land,excavation, foundations and other items normally exclusded fromproperty policies. b)Liability Insurance.Comprehensive general liaty insurance against claims and liabilities arising in connection with the ownership,,ezstence,use,maintenance or managementxoftheCommonElements(including the Ltmded:@'o"tnmon Elements)and covering p ublihc liability or claims of liability for injury to persons and/or'prroperty;and death of any person orR persons and, if the Association owns or operates motor vehicles,public liability or claims ofsr, liability for bodily injury (including death)and property damage arising as a result of thet ownership or operation of motor vehicles Such liability insurance for other than motor vehicle liability shall,to the extent reasonably obtainable,(a)have limits of not less than Five Million Dollars($5,000,000.00)per person and Five MillionDollars($5,000,000.00)per occurrence; b)insure the Executive Board,the Association and its officers,and their respective employees, dhtagentsandallpersonsactingasagents; (c)includee tthe Declarant as an additional insured as itsAPinterestsmayappear,(d)include the,Owners as additional insureds,but only for claims and liabilities arising inc onection wit he ownership;existence, use or management of theasW4 moreElements;(e)cover claims,of one or more in parties against other insured parties; f)be written on an occurrence basisMd(g)shal,name as additional insureds such other parties as may be required byspecific agreement [check insurance limits] contractual Nibilitv Insurance*To the extent reasonably available,contractual liability insurance covering`uch contractual obligations and liabilities, indemnifications,hold harmless geements, and agreement defend,as the Association may have or be a party to from time to ime;with coverage of at least Two Million Dollars($2,000,000.00)or such greater amount as the E Well ive Boardshall determine to be appropriate from time to time. Hp d)Fidelity Bonds.To the extent reasonably available,fidelity bond coverage against dishonest acts on the pM of directors,officers,managers,trustees, agents,employees or volunteers responsible for handling funds belonging to or administered by the Association. If funds of the Association are handled by a management agent,then fidelity bond coverage may also be obtained for the officers,employees,or agents thereof handling or responsible for Association funds.The fidelity bond or insurance must name the Association as the named insured and shall be written to provide protection in an amount no less than the lesser of(a)one- half times the Association's estimated annual operating expenses and reserves,(b)a sum equal to three(3)months aggregate Regular Assessments,plus reserves, as calculated from the current Budget of the Association;or(c)the estimated maximum amount of funds, including reserves, in the custody of the Association(and its management agent)at any one time. In connection with 00112386.IXK/3) Page 18 such coverage,an appropriate endorsement to the policy to cover any person who serves without compensation shall be added if the policy would not otherwise cover volunteers. e)Flood Insurance. If the Project is located in a Special Flood Hazard Area which is designated A,AE,AH,AO,Al-30,A-99, V, VE, VI-30 on a flood insurance rate map,the Association shall obtain a policy of flood insurance in an amount equal to 100%of the insurable value of the Project or the maximum coverage available under the appropriate National Flood Insurance Administration program. The Building coverage should equal 100%of the insurable value of the Building, including machinery and equipment that are part of the Building. The contents coverage must include 100%of the insurable value of all contents,including any machinery and equipment that are not part of the Building,but which are Common Elements orr _ owned by the Association. The maximum deductible amount shall be the lesser of$5,000.00 or one percent of the policy face amount. Funds to cover this deductibleamount should be included in the Association's reserve account. 1 3 f)Worker's Compensation.A Worker's Compensation policy, if ncessary,to meet the requirements of law. g)Directors and Officers Liability Insuranc hee Ass ciatiion may, in i rcetion, carry directors and officers liability insurance in such amounta.the Executive Board may deem appropriate. h)Other Insurance. Such other insurance in such amounts as the Executive Board shall determine,from time to time,to be appropriate to protect the Association or the Owners,or as t may be required by the Act. e.I`$vat' i)General Provisions Respecting Insurance. Insurande`policies carried pursuant to wSections8.1(a)and 8.1(6)above shall provide that(i)each Owner is an insured person under the f . .policy with respect to liability arising out of such Owner's interest in the Common Elements or membership in the Association;(ii)the insurer waives its rights of subrogation under the policy against the Association,eahOwne,and any personclaiming by,through,or under such Owner or any other-di cec`" toagent or ttiploycc of the foregoing;(c)no act or omission by any Owner, unless actingwithin the'scope ofsuch Owner's authority on behalf of the Association,will voidBaerr the p olicyla be a condition t recoveryAu nder the policy; and(d) if at the time of a loss under the polioy,`the re other insuranc } n the name of an Owner covering the same risk covered by the policy,the Association's policy shall e the primary insurance.An insurer that has issued an insurance policy for the insurance described in Sections 8.1(a)and 8.1(b)above shall issue certificates or meoranda of uisurance to the Association and, upon request,to any Owner or holder of a security lnte>s at their respective last-known addresses. Unless otherwise provided by statute,the insurer issuing the policy may not cancel or refuse to renew it until thirty(30)days after notice of the proposed cancellation or nonrenewal has been mailed to the Association and to each Owner and holder of a security interest to whom a certificate or memorandum of insurance has been issued,at their respective last-known addresses. Any loss covered by the property insurance policy described in Section 8.1(a)above must be adjusted with the Association,but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association,and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Association,the Owners, and lienholders as their interests may appear. Subject to the provisions of Section 38.33.3-313(9)of the Act,the proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association,the Owners, and 00112386.DOC/3) Page 19 1 lienholders are not entitled to receive payments of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely restored or the Project is terminated. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims,responsibility for deductibles, and any other matters of claims adjustment.To the extent the Association settles claims for damages to real property, it shall have the authority to levy a Personal Assessment against negligent Owners causing such loss or benefiting from such repair or restoration for all deductibles paid by the Association. In the event more than one Unit is damaged by a loss,the Association in its reasonable discretion may assess each Owner a pro rata share of any deductible paid by the Association. Insurance obtained by the Association shall,to the extent reasonably possible,and provided Declarant reimburses Association for any additional premiumpayable on account thereof,name Declarant as an additional insured and shall contain AtZoatver of rights of subrogation as against Declarant. Insurance policies and insurance coverage shall be'reviewed at leas'annually by the Executive Board to ascertain whether coverage under the 1cies is sufficient n light of the current values of Common Elements and in light of the possible or potential llabili of the Association and other insured parties. In no event shall insurance coverage obtained or i2ifi the Association obviate the need for Owners to obtain insurance for their own benefit Furthermore,to the extent reasonably available,insurance policies obtained by the Association shall contain the following provisions: 7 i)The coverage afforded by such policien "s_?`"shall not be brought into contribution or proration with anyinsurance which may a purchased by an Owner or Mortgagee. The conduct of any one or more Owners shall not constitute grounds for avoiding liability on,any such pohcles n.... dt(m)Each pohcymust contain a waiver of any defenses based on co-insurance or on invalidity dfising from the acts of the insured. iv)A"severabillty orest"endorsement shall be obtained which shall preclude the insurer from denying the claim of an Owner because of the conduct or neglig nent!acts of the,Association and its agents or other Owners.F( v)&by" other insurance"clause shall exclude insurance purchased by Owners or Mhgagees. vi)Coverage must not be prejudiced by(i)any act or neglect of Owners or Occupants when such act or neglect is not within the control of the Association,or(ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Project over which the Association has no control. vii)Coverage may not be canceled or substantially modified without at least thirty(30)days(or such lesser period as the Association may reasonably deem appropriate)prior written notice to the Association. 00112386.DOC/3) 1 Page 20 1 viii)Any policy of property insurance which gives the carrier the right to elect to restore damage in lieu of a cash settlement must provide that such election is not exercisable without the prior written approval of the Association,or when in conflict with the insurance trust provisions contained herein,or any requirement of law. ix)A recognition of any insurance trust agreement entered into by the Association. x)Each hazard insurance policy shall be written by a hazard insurance carrier which has a financial rating as designated in Best's Key Rating Guide of Class VI or better,or if such rating service be discontinued,an equivalent rating by a successor thereto or a similar such rating service.Each insurance carrier mt be specifically licensed or authorized by law to transact business within theState of Colorado. i)Nonliability of Association or Executive Board.Notwithstanding the duty of the Association to obtain insurance coverage,as stated herein either the Assciation nor any Executive Board member or officer,nor the Declarant-shallbe'liable to anyOwner,mortgagee or other person,if any risks or hazards are not covered,byinsurance,or if the appropriate insurance is not obtained because such insurance coverage is of reasonaby.obtainable on the.Association's behalf,or if the amount of insurance is not adequate,andit shall.bee the responsibility of each Owner to ascertain the coverage and protection afforded b Association's insurance and to procure and pay for such additional insurance coverage and protection as the Owner may desire. Q)Premiums. Premiums for insurance policies purchased by;the Association and other expenses connected with acquiring such insurance sh II be paid by the Association as a Project Common Expense, except that the amount of increase oo verany,annual or other premium occasioned by the use,misuse;occupancy or abandonment of a'Unit or its appurtenances, or Common Elements,by,Oer,may at the Executive Board's election,be assessed against that particular Owner o oh15or her Unit a Personal Assessment. k) Insurance CIA -Th A soiation is.herrbby irrevocably appointed and authorized, subject to the'provis_ sib isacontaind herein,to adjust all claims arising under insurance policies purchased by the Association and toexecute and deliver releases upon the payment of claims, and to do a0vther acts reasonab y necesa ryto"accomplish any of the foregoing. The Executive Boardhas full and complete power to act for the Association in this regard,and may, in its discretion, 6ppoint an authorized reprsentative,or enter into an insurance trust agreement, wherein the tostee shall have;die authority to negotiate losses under any policy purchased by the Association.yet" y wt3 1)Benefit. Except as otherwise provided herein,all insurance policies purchased by the Association shall be fore benefit of,and any proceeds of insurance received by the Association or any insurance trustee shall be held or disposed of in trust for the Association or the Owners,as their interests may appear. m)Other Insurance to be Carried by Owners. Insurance coverage on the improvements, furnishings and other items of personal property belonging to an Owner,and public liability insurance coverage within and upon each Unit shall be the responsibility of the Owner of the Unit. ARTICLE 9 CONVEYANCES AND TAXATION OF CONDOMINIUM UNITS 001 12386.DOC/3) Page 21 9.1 Conveyance of a Unit. Every contract,deed,lease,mortgage,deed of trust,will and every other instrument affecting title to a Condominium Unit may legally describe that Condominium Unit as follows: Condominium Unit and Garage Unit_Clubhouse Redevelopment Townhomes, according to the Condominium Map thereof recorded on at Reception No. in the Office of the Clerk and Recorder of the County of Pitkin,Colorado, and as defined and described in the Condominium Declaration for Clubhouse Redevelopment Townhomes recorded on at Reception No. in said records. 9.3 Legal Effect of Description.Every contract,deed,lease,mortgage,deed of trust, rni nwillandeveryotherinstrumentaffectingtitletoaCondominiumUnitwhich legally describes iSsaidCondominiumUnitsubstantiallyinthemannersetforthimSection 9:2 hereof shall be good and sufficient for all purposes to sell,convey,transfer,encumber.. r otherwise,affect the Condominium Unit, including its undivided interest in all'Common Elements and all other appurtenant properties and property rights, and incorporate all of the rights, limtatiionn drvq burdens incident to,ownership of a Condominium,Umt as descnbed in this Declaration and the Condominium Map.Each such description shall be c nfitued to clude a nonexclusive easement for ingress and egress to and from each Condominium Unit nand the use of all the General Common Elements as well as all of the Limited Common Elments allocated to said Condominium Unit, all as more fully provtdd in this Declaration,'. f 9.4 Taxation.Each Condominium Unit shaltbi'assessed separately for all taxes, assessments and other charges of the State of Colorado,anypliti&l subdivision thereof,any special improvement district;ad any other taxingor assessing'authority, in accordance with the Act. For the purpose of. assessments,the valuation of the General Common Elements shall be apportioned amongthe Condominium Units in proportion to the undivided interest in all of the Common Elements appurtenant thereto and,to the extent feasible,the valuation of the Limited WIC. tvam. s Common Elements shall be apportioned among the'individual Condominium Units to which such Limited Common Elements are allocated.The-Association shall famish to the Tax Assessor of ColtheCountyoPitkin,Colorado,andto all other appropriate persons and authorities, all necessary inform on with respect two such apportionment.No forfeiture or sale of any Condominium Unit for Ainquent taxes,assessments or other governmental charges shall divest or in any way affect tthetitletoany.other Condom iii[[um Unit. a a? ARTICLE 10 MECHANIC'S LIENS 10.1 Mechanics Liens.No labor performed and/or materials furnished for use and incorporated in any Condominium Unit with the consent or at the request of the Owner thereof, his agent,contractor or subcontractor,shall be the basis for the filing of a lien against a Unit of any other Owner not expressly consenting to or requesting the same,or against any interest in the Common Elements except as to the undivided interest therein allocated to the Unit of the Owner for whom such labor shall have been performed or such materials furnished. Each Owner shall indemnify and hold harmless each of the other Owners and the Association from and against any liability or loss arising from the claim of any mechanic's lien against the Unit of any other Owner, the Common Elements,or any part thereof,for labor performed and/or for materials famished in work on the first Owner's Condominium Unit or on any Limited Common Elements designated for the use of that Unit when such work is performed by or on behalf of the indemnifying Unit Owner. i00112386.DOC/31 Page 22 1 1 10.2 Enforcement by the Association.At its own initiative or upon the written request of any Owner,if the Association determines that further action by it is proper and the mechanic's lien(s)are not disputed claims with a reasonable basis for such dispute,the Association,after notice and hearing,shall enforce the indemnity provided by Section 10.1 hereof by collecting from the Owner of the Condominium Unit on which the labor was performed and/or materials furnished,the amount necessary to discharge any such mechanic's lien,including all costs and reasonable attorney's fees incidental thereto,and obtain a discharge of such lien. In the event that the Owner of the Condominium Unit on which the labor was performed and/or materials furnished refuses or fails to so indemnify within seven(7)days after the Association shall have given notice to such Owner of the total amount,or any portions thereof,-from time to time,to be indemnified,then the failure to so indemnify shall be a default by such'°'bw&er under the provisions of this Section 10.2 and such amount to be indemnified shll automatically become a Personal Assessment determined and levied against such Condommum.Unit. ARTICLE 11 EASEMENTS N11.1 Recorded Easements.In addition to all easements and rights-of-wayof record at or before the recording of this Declaration,the Real Est tate;and allportions thereof,`sfall be subjectf to the easements as shown on any recorded plat of the ReahEsta{0, or,any portion tfiereof,and as shown on the recorded Condominium Map 11.2 Encroachments. In the event any pon on of theCommon Elements encroaches ort r x o upon any Unit(s)or in the event that any po 1on,of axe:t encroaches upon any other Unit(s)oruponanyportionoftheCommonElements,or inthe event any encroachment shall occur in the future as a result of:(i)settling of the Buildingor(ii)alteration,of repair to the Common Elements,or(iii)repair onrestoration of the Building and/orUnit(s)after damage by fire or other casualty,or condcmnati nom° or miAont domain proceedings,then,in any of said events,a valid easement is hereby crcried and doeexist for the encroachment and for the maintenance of the same so long as theencroachment exists. In the event that any one or more of the Units, Building rrpris acv o tzorotherimproveYentscompls>n tpart,of the:CAmon Elements are partially or totally destroyed and are subseg0fitly,reb uiilt or reconstructed insubstantially the same location,and as a result of4o-r, such rebuilding or recons uction any,portlon thereof shall encroach as provided in the preceding sentence,.a valid easement for such encroachment is hereby created and does exist. Such encroachments and easeme'tts'shall not.be considered or determined to be encumbrances either 111A.tai 9 on the Common Elements or on the Units for purposes of marketability of title or other purposes. In interpreting any and all prowlions of this Declaration,subsequent deeds,mortgages, deeds of trust or other se uurlty instruments relating to Units,the actual location of a Unit shall be deemed conclusively to be t egropey intended to be conveyed,reserved or encumbered, a .1;?rnotwithstandinganymanor deviations,either horizontally,vertically or laterally, from the location of such Unit as indicated on the Condominium Map. 11.3 Emergency Easement.A general easement is hereby granted to all police,sheriff, fire protection,ambulance and all other similar emergency agencies or persons to enter upon any portion of the Project in the proper performance of their duties. 11.4 Utilities.There is hereby created a blanket easement upon, across and through the Common Elements for the installation,replacement,repair and maintenance of utilities,including but not limited to water,sewer,gas,telephone, electricity, computer,cable,and master television antenna or cable or satellite television systems, if any, which serve one or more Units in the Project. By virtue of this blanket easement, it shall be expressly permissible to erect and maintain 00112386.DOC/3) Page 23 1 1 the facilities,equipment and appurtenances on the Common Elements necessary to repair and maintain water and sewer pipes,gas,electric,telephone,computer and television wires,cables, circuits,conduits and meters. If any utility or quasi-utility company furnishing a service covered by the general easement created herein requests a specific easement by separate recordable document, Declarant reserves and is hereby given the right and authority to grant such easement upon, across, over or under any part or all of the Common Elements without conflicting with the terms hereof;provided,however,that such right and authority shall cease and terminate ten(10) years after recordation of this Declaration in the County of Pitkin,Colorado,at which time said reserved right shall vest in the Association. The easement provided for in this Section 11.4 shall in no way affect,avoid,extinguish or modify any other recorded easement(s)on the Common Elements. 11.5 Maintenance Easement An easement is hereby gradedo the Association, its officers,directors,agents,employees and assigns upon,across, oved r n and under the Common Elements,and a right to make such use of the Common Element as aybe necessary or appropriate to perform the duties and functions which it is obligated or perotted to perform pursuant to this Declaration,including the right to constfdct and maintain on the Common Elements maintenance and storage facilities for use by the Association. a Ilk 11.6 Drainage Easement An easement Is herebvgrt ed to;the Assoclahon, Its officers, agents,employees,successors and assigns to enter upon,across,over, in and under any portion ofMIN the Real Estate for the purpose of changing,correcting or otherwise modifying the grade or drainage channels of the Real Estate to improve,the drainage of waater{on the Real Estate. a 11.7 Easements of Access for Repair,Maintenance and Emergencies. Some of the Common Elements are or may be located within a Unit(s)or maybe conveniently accessible only through a Unit(s). The Own resof._other Unit(s)andthe Association shall have the irrevocable right,to be exercised by thee Assoiation as their agent,to have access to each Unit and to all Common Elements frm time to JM*'e during such reasonable hours as may be necessary for the maintenance, repair, rem val or replacement of anydf the Common Elements or any utility lines or pipes which are not Common Elemnfs located therein or accessible therefrom,or for making s I,lot"y: emergency repairs therein necessary to prevent damage to the Common Elements or to any Unit. Subject tohe proviso i`ron of Section6.3 hereof, damage to the interior of any part of a Unit resultingfrom the maintenance,repiiif bmdrgency repair,removal or replacement of any of the Common or as a result of emergency repairs within any Unit at the instance of the VzXAssociatio'sfi all be an expense of theOwners apportioned in accordance with Section 7.6. Damage to the Interior part ofany Unit resulting from the installation,movement,repair, emergency repair"emoval orr replacement of any utility lines or pipes not servicing more than toneCondominiumUnt6shallbetheexpenseoftheOwnerwhoseUnitsuchutilitylinesandpipes x , a serve and such expense,may be reimbursed through a Personal Assessment.Non-emergency repairs shall be made only during regular business hours on business days after twenty-four(24) hours notice to the occupants of the Unit wherein such repairs are to be made,except where the occupants have no objections to earlier entry for repairs. In emergencies the occupants of the affected Unit shall be warned of impending entry as early as is reasonably possible. 11.8 Construction Utility Easement. Each Owner shall have an easement in,upon, under and across the Common Elements for the construction and installation of any duct work, additional plumbing or other additional services or utilities in the Common Elements in connection with the improvement or alteration of any Condominium Unit or Limited Common Element, following review(where required)by the Association or its agents of final construction 001 12386.DOC/3) Page 24 plans for the proposed improvement or alteration,with all such documents and/or plans being provided by the Owner at its sole cost and expense. 11.9 Declarant's Rights Incident to Completion of the Project.Declarant,for itself and its successors and assigns,hereby retains a right and easement of ingress and egress over, in, upon, under and across the Common Elements and the right to store materials thereon and to make such other uses thereof as may be reasonably necessary or incidental for the purpose of the completion,improvement,maintenance or repair of the Project,the performance of Declarant's obligations hereunder,the sale of the Units and the exercise of Declarant's special rights under Section 12.2 and Article 17 hereof; provided,however,that no such rights shall be exercised by Declarant in such a way as to unreasonably interfere with the occupancy;use,enjoyment or access by any Owner,his family members,guests or invitees,to or of liis°Condominium Unit or the Common Elements.The rights of Declarant under this section shall terminate ten(10)years after the recording of this Declaration. 11.10 Easements Deemed Created.All conveyances of units hereafter made,whether by Declarant or otherwise,shall be construed to grant g reeve the easements.contained in this Article 11,even though no specific reference to sucheasements or to this Article I l,appears in the instrument for such conveyance. x ARTICLE 12 RESTRICTIVE COVENANTS 12.1 Residential Use. Subject t olhtee provisions of Secti-q 12`22 hereof,CondominiumUnitsshallbeusedforresidentialpurposesonly;including use which are customarily incident thereto,and shall not be used at any time fogbus ess,-c'om_mercial r professional purposes; provided,however,that the Owner may use his Condom nni m'Unit for a professional or homeA 'fir N. occupation,so long as the applicable governmental rules,regulations and ordinances permit such use and there is no external evidenn ce thereof. 12.2 Declarant's-Use.Notwithstanding anng to the contrary contained in this Declaration, it shall be expresssly peimis'sible and appropriate for Declarant, its employees,agents, and contractors,and Declarant hereby expressly;reserves the right,to perform such reasonable activities and to maintain'upon portions of the Project such facilities as Declarant deems reasonably necessary or incidental i the completion and sale of Condominium Units, specifically mcliS ng without limning the generality of the foregoing,business offices,storage areas,signs, model un s sales offices,parking areas and lighting facilities.The rights reserved by Declarant in this Sectioni123 shall terminate upon the conveyance by Declarant of the last Condominium Unit to an Owne nother than Dclarant or ten(10)years after the recording of this Declaration, whichever occurs first`s 12.3 Household Pets.No animals, livestock,poultry,or insects,of any kind, shall be raised, bed,kept,or boarded in or on the Project;provided,however,that the Owner of each Unit may keep up a four(4)animals consisting of two dogs and/or two cats so long as such pet is not kept for any commercial purpose and is not kept in such manner as to create a nuisance to any resident(s),or tenant(s)of the Project. A Tenant of any Unit shall not be permitted to keep any animals in the leased premises or Project. Notwithstanding the foregoing,the Executive Board shall have,and is hereby given,the right and authority to determine in its sole discretion that any dogs,cats,or other household pets are being kept for commercial purposes or are being kept in such number or in such manner as to be unreasonable or to create an unreasonable source of annoyance to any Owner or resident of the Project, and to take such action or actions as it deems reasonably necessary to correct the same including permanent removal of a pet from the Project if 001 12386.DOC/3) Page 25 necessary. An Owner's right to keep household pets shall be coupled with the responsibility to pay for any damage caused to the Project by such Owner's pet(s). 12.4 Use Restrictions. No lands or structures within the Project shall ever be occupied or used in any manner that is contrary to any zoning,subdivision,building restrictions of the Town of Snowmass,nor contrary to any rule or regulation promulgated by the Association pursuant hereto. 12.5 Use of Common Elements. Subject to the rights of Declarant as provided in this Declaration,there shall be no obstruction of the Common Elements,nor shall anything be kept or stored on any part of the General Common Elements without the prior written approval of the Association. Except for those improvements erected or installed by Declarant in its completion of the Project, and except as provided in Section 12.3 and Article 17 hof,nothing shall be altered on, constructed in or removed from the Common Elements without} it'he prior written approval of rutheExecutiveBoard. Such approval may be conditioned upo :the Ownermwho requests the approval to submit plans for the alteration to the Association for approval,obtaining insurance as required by the Association and posting adequate suretyelnr yrviewing any plan;the Associationrmayengagetheservicesofarchitects,attorneys and tngineers, and the cost of such services will be paid by the requesting party. General and Limited Common Elements(including decks)shall not be used for the storage of personal property, includingsporting'equipment(e.g.16" is, snowboards,bikes, kayaks,etc.), which must be stored coplMely inside the Units or Garages or in designated storage areas.Nothing shall be stored on or in wnd s or doors or otherwise on the exterior of Units or Common Elements which create an unsightly appearance. 12.6 Exterior Changes.Except 37hose imp6rovemeents erec constructed or installed by Declarant in its completion of the Project,and except as provided in Section 4.5(a)above,no exterior additions to,alterationsor decoration of theBuilding including but not limited to any structural alterations to.ryCdminium Unit o Common Element, nor any changes in storm, screen or security doorand/or wuidows or fence;walls or other structures,nor installation of window mounted air cod ionmg nits or awnings orarty exterior improvement of any type shall Nvl Cam»* 7r be commenced,erected,placed or maintained, thout the prior written approval of the Executive Board and subje`ct all,laws, rdinances,Ngulatlons,or other restrictions limiting or precluding alteration fthe exterior,of the Building. 12 9 Signs and Advee ising.Mept as hereinafter provided,and subject always to the provisions o£Section 38-33.3-106.5(a-c),no signs,advertising,billboards, unsightly objects or nuisances ofany kind shall beplaced,erected or permitted to remain in or on any Condominium Unit,nor shall anysign(s)be permitted in or on the Common Elements(including the Limited Common Elements);without the prior written approval of the Association; provided,however, that no approval is necessary for any sign which is part of the interior Common Elements,and provided further that reasonable signs,advertising,or billboards used by Declarant in connection with its sale of Condominium Units shall be permissible. 12.8 Leases of Condominium Units.The term "lease"as used herein shall include any agreement for the leasing or rental of a Condominium Unit and shall specifically include, without limitation,a month-to-month rental.The Owner of a Condominium Unit shall have the right to lease his Condominium Unit under the following conditions: [Leasing Provision—short term leasing not prohibited] 00112386.DOC/3) Page 26 1 a)All leases of a duration of a month or longer shall be in writing and a copy of the t lease delivered to the Executive Board or the Association's managing agent prior to the effective date of the lease. b)All leases shall provide that the terms of the lease and lessee's occupancy of the Condominium Unit shall be subject in all respects to the provisions of this Declaration, the Articles of Incorporation, Bylaws and rules and regulations of the Association,and that any failure by the lessee to comply with any of the aforesaid documents, in any respect,shall be a default under the lease. 12.9 Nuisances.No nuisance shall be allowed on the Project,nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful enjoyment or possession and proper use of the Project by its residents. All pa _Mhe Project shall be kept in a clean and sanitary condition,and no rubbish,refuse or garbage,shall be, to accumulate, av ^r a nor any fire hazard to exist.Further,no immoral, improper,offensive or,unlawful use shall be permitted or made of the Project or any part thereof.All applicable laws,`bdinances and r\ regulations of all governmental bodies having jurisdiction overver the Project,or;any,portion thereof, shall be observed. 4 1, ARTICLE 13 DAMAGE,DESTRUCTION;TERMINATION,OBSOLESCENCE OR CONDEMNATION 1 13.1 Association as Attorney-in`Fa`ct.This Declazati does hereby make mandatoryrtheirrevocableappointmentofanattorneyih-factfo,deal with the Project in the event of its destruction,damage, obsolescence or condemnation mcludmg the repair, replacement and improvement of the Building, any Condominium Units Common Elements or other portions of the Project which have beendestro and yed,damaged,condemned oTbecome obsolete. Title to any ec v Condominium Unit is dlared' expressly made subject to the terms and conditions hereof, and acceptance by any grantee ofadeed or other instrument of conveyance from Declarant or from any Owner or grantor shall constitute o appointffient of the attomey-in-fact herein provided. All of the Owners irrevocably constitute and appoint the Association as their true and lawful attorney in tMihname•place and stead,for the"purpose of dealing with the Project upon its damage destruction obso celescen or condemnation as is hereinafter provided. As attorney-in-k, fact the ssociation byitsPresideni°aud Secretary or Assistant Secretary,or its other duly authorized officers and agents;:shall have full and complete authorization,right and power to make, execute and deliver anycontratt,deed or other instruments with respect to the interest ofviiVA an Owner which are necessary and appropriate to exercise the powers herein granted. In the event that the Association is dissolved or becomes defunct, a meeting of the Owners shall be held Frwithinthirty(30)days aft either such event.At such meeting anew attomey-in-fact,to deal with the Project upon its destruction,damage,obsolescence or condemnation shall be appointed. Such appointment musfibe approved by the Owners holding at least fifty-one percent(51%)of the votes in the Association. 13.2 Termination of Condominium. a)The Condominium Project shall continue indefinitely unless and until it is terminated by the taking of all of the Condominium Units by eminent domain or by agreement of the Owners holding at least sixty-seven percent(67%)of the votes in the Association.The agreement of the Owners to terminate must be evidenced by their execution of a Termination Agreement(or a ratification thereof)in the same manner as a deed,by the requisite number of Owners.The Termination Agreement must specify a date after which the Agreement will be void unless it is 001 12386.DOC/3) Page 27 recorded before that date. The Termination Agreement and all ratifications thereof must be recorded with the Clerk and Recorder of the County of Pitkin and is effective only upon recordation.After the recording of the Termination Agreement,the Project will be sold and the Association,on behalf of the Owners, may contract for such sale,but the contract shall not be binding on the Owners unless approved by the same vote of Owners required for approval of the Termination Agreement. After approval of the sale,the Association shall have all power necessary and appropriate to effect the sale and until the sale has concluded and the proceeds have been distributed,the Association continues in existence with all the powers it had before termination. Proceeds of the sale must be distributed to the Owners and lienholders as their interest may appear, in accordance the provisions set forth below.Unless otherwise specified in the Termination Agreement, until title to the Project has been transferred pursuant to a sale,each s Owner and its successors in interest have an exclusive right to occupanc6y,oyof a portion of the real estate that formally constituted the Unit. During the period of that occupancy,each Owner and the owner's successors in interest remain liable for all assessments`ai other obligations imposed A"If rotsa^ upon the Owners by the Act or this Declaration. Following termmation of.the Condominium Project,the proceeds of any sale of real estate,together with any insurance:proceeds(if the termination occurs in connection with a damage or destruction)and the assets of the Association are held by the Association as trustee for the Owners and the holders of liens on the;, Condominium Units as their interest may appear.4 4' b)The respective interest of the Owners is as follows: i)except as provided in subparagraph(u)below;the respective interests of the Owners are the fair market values ofthetyUnits and interest in the General Common XAElementsandanyLimitedCommonElements allocated to such Units before termination, as determined by one or more independent appraigMeletted by the Association.The decision of the independent appraisers shiftbe distributed to the Owners and becomes final unless disapproved within thirty (30)days after distribution by Owners holding at least twenty-five percent(25%)of the toxa votes in the Association. The proportion of any Owner's interest to thatof all Owners h toerminedbydividingthefairmarketvalue of that Owner's Condominium Unit by thetotal fair market value of all CondominiumV u)if an y Unit or any Limited Common Element is destroyed to the extent that G-: -w+ an appraisal of the fait market value thereof prior to destruction cannot be made,the i YTests of all Owners;.are their respective interests in all of the Common Elements for eachI66"I'ndominium TTtiit immediately before termination. c)The proceeds available for distribution to the holders of interests in the Condominium Units after a terminatio "shall be allocated to each Condominium Unit in accordance with its proportionate interest as above and each Condominium Unit's share of such proceeds shall be deposited into a separate account identified by the Condominium Unit designation and the name of the Owner and First Mortgagee thereof.From each separate account,the Association, as attorney-in-fact,shall forthwith use and disburse the total amount of such account,without contribution from one account to another,toward payment of the liens encumbering the Condominium Unit represented by such separate account,in the following order: (a)for the payment of taxes and special assessment liens in favor of any assessing entity;(b)for the payment of any Association Common Expense assessments which take priority over the lien of a First Mortgage pursuant to Section 7.9 of this Declaration and the Act;(c)for the payment of the lien of any First Mortgage; (d)for the payment of unpaid Association Common Expense assessments,other assessments, charges and fees, and all costs,expenses and fees incurred by the 00112386.DOC/3) Page 28 1 Association, including customary expenses of sale;(e)for payment of junior liens and encumbrances in the order of and to the extent of their priority;and(f)the balance remaining, if any,shall be paid to the Owner(s)of the Condominium Unit. 13.3 Damage or Destruction. "Repair and reconstruction" of the improvements,as used in the succeeding subparagraphs,means restoring the improvement(s)to substantially the same condition in which they existed prior to their damage or destruction,with each Condominium Unit and the General and Limited Common Elements having substantially the same vertical and horizontal boundaries as before,and all improvements being reconstructed or repaired in substantial conformance with the Project's original architectural plan and scheme,to the extent then reasonably and economically feasible.The proceeds of any insurance collected shall be available to the Association for the purpose of repair,reconstmction,,rs ration or replacement, in accordance with the provisions hereinafter set forth: a)Any loss covered by the property insurance policy:, aintainld by the Association must be adjusted with the Association,and the insurance proceeds will bepaid to the Association or an insurance trustee designated for such purpose and not to`the holder of Security Interest. The insurance trustee or the Association shall hold such insurance proceeds in trust for the Owners and lienholders as their interest may appeaz"Subject to the provisions of subparagraph b)below,the proceeds must be disbursed first to the rEp"Irr four rsttoration of the damaged property,and the Association,Owners and lienholders shall not be entitled to receive payment of any portion of the proceeds unless there is asurplus of procds'after the property has been completely repaired or restored or the Condominium is terminated in accordance with Section 13.2.The Association may adopt and establishMitten nondiscrimi tantanorypoliciesandprocedures relating to the submittal of claims,and such other matters,of claims adjustment.The AssociationVAE"'V- vPp.shall have full authority,right and power as attomey-m-fact to' the repair and reconstruction vioftheimprovements. Assess emntsforCommonExpensesshallnotbeabatedduringtheperiodof insurance adjustments and repair'an°d reconstruction. IV F z b)Any portionxofthe Project for which insurance is required under this Declaration must be repaired or replaced propIly byth - sociatiounless(i)the Condominium Project isterminatedinaccordancewith, ection 13.2 in.which case the provisions of that Section apply; ii)repair or replacement would be illegal under any state or local statute or ordinance governing health ofsafety; (iii)theomers whohold,eighty percent(80%)of the votes in the Associationt ", , r vote nof4o rebuild and every Owner of a'Unit or Limited Common Element allocated to a Unit that will of be.rebuilt co ;,or(iv)prior to the conveyance of any Condominium Unit to a person other th* :Declar ant,Uie holder of a deed of trust or mortgage on the damaged portion of the Project rightfully,demands all or a substantial portion of the insurance proceeds. c)If the insurance proceeds are insufficient to repair and reconstruct the improvements, such damage or destruction shall be promptly repaired and reconstructed by the Association as attorney-in-fact,using the proceeds of insurance and the proceeds of a Special Assessment. Such Special Assessment shall be assessed against all Condominium Units in accordance with Section 7.7 hereof.The Association shall have full authority,right and power,as attorney-in-fact,to cause the repair,replacement or restoration of the improvements,using all of the insurance proceeds for such purpose,notwithstanding the failure of an Owner to pay the aforesaid Special Assessment. Notwithstanding the foregoing,the Association shall have authority to assess negligent Unit Owners causing any loss all deductibles paid by the Association and any amount by which the insurance proceeds are insufficient to pay the costs of repair and reconstruction. 00112386.DOC/3) Page 29 13.4 Obsolescence.Owners holding sixty seven percent(67%)of the votes in the Association may agree that the Common Elements are obsolete and adopt a plan for the renewal and reconstruction thereof. If a plan for renewal or reconstruction is adopted,notice of such plan shall be recorded with the Clerk and Recorder for the County of Pitkin, Colorado, and the expenses of renewal and reconstruction shall be payable by all of the Owners as a Common Expense,whether or not they have previously consented to the plan of renewal and reconstruction. The aforesaid Common Expense assessment for the renewal and reconstruction of the Common Elements shall be a debt of each Owner and a lien on his Condominium Unit,and may be enforced and collected as provided in Sections 7.9 and 7.10 hereof. 13.5 Condemnation.If at any time during the continuance of condominium ownership pursuant to this Declaration, all or any part of the Project shall be taken condemned by any public authority,or sold or otherwise disposed of in lieu of or in av6idance thereof,the following provisions of this Section 13.5 shall apply; Ji a)All compensation,damages or other proceeds,tlierefrom(the "Condemnation Award") shall be payable to the Association. b) In the event that the entire Project is taken'(condem ed sold or othe wi edisposed of in lieu of or in avoidance thereof,the condominium ownership put'uant to this Declaration shall terminate. The Condemnation Award shall be apportionedarnong the Owners by the Executive Board the same as if there had been a termination of the Project under Section 13.2;provided, however,that if a standard different from he value of the Project-as a whole is employed as the measure of the Condemnation Award in the"negotidtion,judicial decree or otherwise,then in determining such shares the same standard hall be employed to the extent it is relevant and applicable.The Association shall,as soon as praacticcable,determine the share of the Condemnation Award to whicheach Owner is entitled. Such Mares shall be paid into separate accounts and disbursed,-as sownaspracticable, inthe same manner as provided in Section 13.2 hereof. r c)Subject to the pro,visions icle in the event that less than the entire Project is Amen;condeem7 ed,sold or otherwise disposed of in lieu of or in avoidance thereof,the condominium ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the Cotdemnation Awardo be determined in the following manner: as soon as practicable,the AssociF atton shall reasonably,and in good faith,allocate the Condemnation Award between compensationdamages or other proceeds and shall apportion the amounts so allocated among the Owners,as follows:(i)the atot"l amount allocated to taking of or injury to the Common Elements shall be apportioned among tie Owners in accordance with the undivided interest in all of the Common Elements'for,each Condominium Unit; (ii)the total amount allocated to severance damages shall be apportioned to those Condominium Units which were not taken or condemned; iii)the respective amounts allocated to the taking of or damage to a particular Condominium Unit,including but not limited to the Limited Common Elements allocated thereto,and to the improvements an Owner has made within his Condominium Unit,shall be apportioned to the particular Condominium Unit involved;and(iv)the total amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Association determines to be equitable in the circumstances,or as determined by judicial decree.Notwithstanding anything to the contrary contained in this Declaration,the allocation of the Condemnation Award to each affected Condominium Unit shall be based on the comparative values of the affected Condominium Units as they existed immediately prior to the condemnation,using such evidence of the appraised values as is then available, including,but not limited to,recent MAI appraisals of the affected property or comparable property.If the allocation of the Condemnation Award is 100112386.IbC/3) Page 30 1 1 1 already established in negotiations,judicial decree or otherwise,then in allocating the Condemnation Award,the Association shall employ such allocation to the extent it is relevant and applicable.Apportioned proceeds shall be disbursed, as soon as practicable, in the same manner as provided in Section 13.2 hereof. d) In the event a partial taking results in the taking of a complete Condominium Unit,the Owner(s)thereof shall automatically cease to be a Member(s), shall cease to hold any right,title or interest in the remaining Common Elements,and shall execute any and all documents necessary to accomplish the same. Thereafter,the Association shall reallocate all of the Allocated Interests according to the principles employed in this Declaration at its inception,and shall submit such reallocation to the Owners of all remaining Condominium Units for amendment of this Declaration.The Condemnation Award as to each such completely`'tiken Condominium Unit shall be paid into a separate account and disbursed,as soon as practicable, in the same manner as provided in Section 13.2 hereof. x 5 e)Any reconstruction and repair necessitated by cond mnation shalhbe governed by the procedures specified in Section 13.3 hereof. qT f) If a Unit is acquired by eminent domain,oripart of a Unit is acquired by eminent domain leaving the Owner with a remnant which may not practicalfy,or lawfully beused for any purpose permitted by the Declaration,the award will inclift mpensation to the Owner for that Unit and its undivided interest in all of the.Common Elements;?whether or not any Common Elements are acquired. Upon acquisition,unless the decree othervise provides, all of that Unit's Allocated Interests(other than voting rights)w n: ill be,automatically reallocated to the remaining Units in proportion to the respective Allocated Inter'essof those Unitsbefore the taking.Anyocz_:.a r remnant of a Unit remaining after a part of a Unit is taken pu_rsuan"t to this subsection(f)will thereafter be a Common Elementii g) Except as provided m subsection(f)above, if part of a Unit is acquired by eminent domain,the award must compensate,the Owner for the'reduction in value of the Unit and its undivided interest in all ofthe Common-Elements,whether or not any Common Elements arc acquired. Upon acquisition,unless the decree'otherwise provides,the Unit's undivided interest in the Comriton Elements a—d,shareof assessments for Project and Common Expenses shall be reducernd determinedb,dividingthe,square footage of the remainder of the Unit by the total square fo ge of all Units mThe Proj ctafter the taking, but the Unit's vote shall remain the same. h)The allocation f Allocated Interests pursuant to this Section shall be confirmed byMar . an Amendment to this Declaration prepared,executed and recorded by the Association. ARTICLE 14 BURDENS AND BENEFITS OF DECLARATION 14.1 Covenants Running with Real Estate.The benefits,burdens, and all other provisions contained in this Declaration shall be covenants running with and binding upon the Real Estate. 14.2 Binding Effect.The benefits,burdens and all other provisions contained in this Declaration shall be binding upon,and inure to the benefit of,Declarant,the Association, and all Owners,together with their respective heirs,executors, administrators,personal representatives, successors and assigns. Any right or any interest reserved or contained in this Declaration to or for the benefit of Declarant may be transferred or assigned by Declarant,either separately or with 1001 12386.DOC/31 Page 31 1 one or more of such rights or interests,to any person,corporation,partnership,association or other entity, in accordance with the provisions of the Common Interest Act. ARTICLE 15 AMENDMENT OF DECLARATION 15.1 Amendment. Subject to any limitations that may be set forth elsewhere in this Declaration,and except for Amendments that may be executed by Declarant or by the Association under the provisions of this Declaration or the Act,the provisions of this Declaration and/or the Condominium Map may be amended, in whole or in part, at any time and from time to time,by vote or agreement of Owners holding at least fifty-one percent(51%)of the votes in the Association. Every Amendment to the Declaration and/or the Condominium Map must be recorded in the Office of the Clerk and Recorder of the County of Pitkin Colorado and shall be effective only upon recording. Except to the extent expressly permitted by the Act and provided for in this Declaration, no Amendment may create or increase any`spe eial Declarant's rights,max• a increase the number of permitted Units in the Project,or change the boundaries of any Unit or the Allocated Interests of a Unit, or alter the uses to which any'Unitis restricted in the absence of a se vote or agreement of Unit Owners to which at least sixty-seven percent(67%),of the votes in the Association are allocated, including sixty-seven percent(67%)of the votes allocated to Units not owned by Declarant.Amendments to the Declaration required by4this Article to be%ecoded by the Association shall be prepared,executed,recorded andcertifiedon behalf of the Association by an officer of the Association designated for that purpose o?'.'n the absence of designation,by the President of the Association.No consent of any mortgageotrust deed holder shall be required to accomplish any such AmendmentNThe provisions ofthis,Section 15.1 notwithstanding,no Amendment shall be effec'0tt"N'eto change, limiltr%pair,reduce or eliminate any right of Declarant as reserved or otherwise prow ed'.in this Decoazation unless such Amendment is approved in advance in writingby DMt F 15.2 Technical Amendment.To the extent allowed by the Common Interest Act, Declarant hereby res yes and is granted the rightand power to record,without the approval or consent of any Owner oranyaotherprson or entity,ttechnical amendments to this Declaration,the Condominium Map,Artic.VW f Incorpo oon.and/or Bylaws of the Association,at any time prior to the convcyghcb 6f the°last Condominium Umtby Declarant to the first Owner thereof(other than Declarant)or ten(10);years from the date this Declaration is recorded in the County of Pitkinn, orado,whichever occurs first;fer the purposes of correcting spelling,grammar, dates,typographical errors,on as may otherwise be necessary to clarify the meaning and intent of any provisions of this Declara ion. 15.3 R g of Ammendments.To be effective,all amendments to or revocation or termination of this dlarrattion or the Condominium Map must be recorded in the Office of the Clerk and Recorder of the County of Pitkin,Colorado,and must contain evidence of the required approval thereof. The recordation of a certificate of the Secretary of the Association,certifying that Owners representing the requisite percentage of the Condominium Units have given notarized written consent to the amendment shall satisfy the requirement of evidence of the required approval. The Secretary must further certify that originals of such written consents by Owners, along with the recorded amendment,are in the corporate records of the Association and available for inspection. ARTICLE 16 RIGHTS OF FIRST MORTGAGEES 00112386.DOC/3} Page 32 1 16.1 Rights of First Mortgagees.Upon the filing of a written request therefor with the Association,the holder of a First Mortgage on any Condominium Unit in the Project shall be entitled to: a) Written notice from the Association that the Owner of the subject Condominium Unit is delinquent in the payment of Assessments thereon. b) Inspect the books and records of the Association during normal business hours; c)Receive copies of annual Association financial statements; d)Receive written notice of meetings of the Association whet matters will be considered that, if approved,will require the consent of First Mortgagees or some of them; e)Receive written notice of condemnation proceedings affecti—Any Common Elements;and v f)Receive written notice of the lapse of any ms e that the Assooci t on.is required to maintain under this Declaration; In addition,any.first,Mortgagee shall be entitled to,pay any taxes or other charges which are in default and which may or have becm,a lien against the Common Elements and may pay any overdue premiums on hazard rogneralliabilityinsurancepolicies covering the Common Elements,and shall be entitled to immediate reimbursement therefor from the Association, unless the Association isNcontesting any unpaidMes or other charges and has set aside sufficient funds to pay the contested amp ounts if necessary. f Y ARTICLE 17 DEVELOPMENT RIGHTS,AND'A_ DDITIONAL SPECIAL DECLARANT RIGHTS .Ia' I IS FUTURE/ADD„DITIONAL DEVELOPMENTA POSSIBLITY?] N4 'a., 17.1 Additional Declarant Rgtits In addition to the provision of this Article 17, but subject to the pro6"vis onsoof Sectiyd'nna15.2,Decarant shall have and be entitled to exercise all otherdevelopmentrightsorspecialdeclarantrightsspecificallyreservedtoDeclarantelsewhereinthis Declarations r 1 17.2 Additional Declarant Rights. In addition to the provisions of this Article 17, Declarant shall have and be etitled to exercise all other development rights or special declarant rights specifically ti resery r:ed to Declarant elsewhere in this Declaration. s 17.3 Development Rights. Until ten(10)years following the date of recording of this Declaration,without any consent of the individual Owners or of the Association being required, Declarant expressly reserves to itself,and its successors and assigns the right to further develop the Project. Without limiting the generality of the foregoing, in the exercise of such reserved rights Declarant shall have the right to convert General Common Elements to Units or to Limited Common Elements,to convert Limited Common Elements to Units or to General Common Elements,and to create General Common Elements or Limited Common Elements,and no consent will be required from the Association,the Executive Board,any Owner,or any other person for Declarant to exercise such rights. 00112386.DOC 13) Page 33 1 17.4 Amendment of this Declaration. Upon Declarant's exercise of any of its development rights and/or other special declarant rights set forth in this Article 17 or elsewhere in this Declaration,Declarant shall record an amendment to this Declaration(including but not limited to Exhibit B hereto)and/or the Condominium Map reflecting the changes in this Declaration and/or the Map occasioned by the exercise of such development rights and/or other special declarant rights and reallocating the Allocated Interests as required thereby.No consent will be required from the Association,the Executive Board,any Owner,or any other person for Declarant to exercise such rights and any amendment to this Declaration required to implement the same may be executed solely by Declarant. 17.5 Amendment of Condominium Map.Contemporaneouslywith the amendment of this Declaration,Declarant shall file an amendment of the Condominium'Map reflecting all changes resulting from exercise of the development rights or other-'pcial declarant rights and which changes are required or desirable to be shown on the Condominium Map.No consent willfFN:: . be required from the Association, the Executive Board,any Owner,or any,.other person for Declarant to exercise such rights and any amendment to th6. n .o minium Map that is required to implement the same may be executed solely by Declarant. 17.6 Interpretation.Recording of amendAd to this Declaration and t Cndominium Map in the Office of the Clerk and Recorder for the County of Pitkih,Colorado,shallZ-4-sC.^.Y" automatically give effect to those matters contained in such amendments and,among other things, h8shallimmediatelyvestintheexistingandfutureOwnersandholders of Security Interests an undivided interest in any of the CommonnEleerents subsequentiy create 17.7 Maximum Number of Units.The maximum numberw,of Condominium Unitswa °z °*v created or to be created in the Project shall not exceed six(6)Condominium Units.Declarant shall not be obligated to expn'd the number of CondominiumUnits beyond those initially created by this Declaration and til CnodoiumMap. 17.8 Construction Easements. Declarant expressly reserves the right to perform repairs and construction work and"to for mrials;in secure areas in the General Common Elements, tip s. motif n tftwtogetherwiththe:future right to control such'repairs and construction and the right of access thereto,untilcompl"tionbr to permit the exercise of its development rights and/or other special declarantrights withouttheconsentorapproval of any other Owner or of the Association. Declarant s reserved construchon easement includes the right to grant easements to public utility companies and,to convey improvements within those easements anywhere within the General Common Elements. 17.9 Teri i nation of Development Rights and Special Declarant Rights.The J development rights and other special declarant rights reserved by Declarant for itself, its successors and assignApursuant to this Article 17,shall expire ten(10)years from the date of recording this Declaration, unless the Development Rights or other special declarant rights are(a) extended if allowed by law,or(b)reinstated or extended by the Association, subject to whatever terms, conditions, limitations the Executive Board may impose on the subsequent exercise of the Development Rights and other special declarant rights of Declarant. 17.10 Transfer of Development Rights and Other Special Declarant Rights.Any development rights and other special declarant rights created or reserved under this Article 17 or any other provision of this Declaration for the benefit of Declarant may be transferred in whole or in part to any person by an instrument describing the rights transferred and recorded in the Office 00112386.1wC i 3) Page 34 of the Clerk and Recorder for the County of Pitkin,Colorado. Such instrument shall be executed by Declarant and its transferee. ARTICLE 18 LIMITED WARRANTY 18.1 Limited Warranty.Declarant wan-ants and represents to the Owners and to the Association that the Project,including all Units and Common Elements therein,has been constructed in a good and workmanlike manner and will be free from defects in workmanship and materials of a material nature which are discovered by an Owner or the Association within one 1)year after the issuance by the Town of Snowmass Building Department of a Certificate of Occupancy for the Project,provided that the Owner or the Association gives Declarant written notice of any such defect within 30 days after the defect is discovered(they Limited Warranty"). The Owners' or the Association's sole remedy(in lieu of all remedies implied by law or otherwise)against Declarant in connection with any such defect shall&,to require Declarant to correct the defect in materials or workmanship.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAID LIMITED WARRANTY IS THE SOLE WARRANTY, EITHER EXPRESS OR IMPLIED,BEING MADE BY DECLARANT(INCLUDINGrDNT ECLARANT'S CONTRACTORS, SUBCONTRACTORS AND AGENTS)INSCONNECTIONWITH,THE CONSTRUCTION OF THE PROJECT.THE COMMON ELEMENTS ARE BEING DELIVERED TO AND ACCEPTED BY THE OWNSSANDTHE ASSOCIATON IN AN AS IS" STATE OF REPAIR AND PHYSICAL CONDITION EXISTING AT THE TIME OF ISSUANCE OF THE CERTIFICATE OFOCCUPANCY I ORTHE PROJECT,AND ANY AND ALL WARRANTIES CREATED BY STATE OR FEDERAL LAW ARE HEREBY SPECIFICALLY DISCLAIMED BY DECLARANT WITH RESPECT'TO THE PROJECT E 4$Sfi`I to AND THE COMMON ELEMENTS THEREOF, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE-XND WARRANTIES OF HABITABILITY, WORKMANLIKE CONSTRICTION, DESIGNCONDITION,QUALITY ORTHE LIKE. NEITHER DECLARANT,,OR ITS CONTRACTORS, SUBCONTRACTORS OR AGENTS SHALL BE LIABLE FORANY•CLAIMS RELATING TO THE PROJECT OR THE COMMOIELEla.NTS ARISING MORE ONE(1)YEAR AFTER THE ISSUANCE OF THE, CUCERTIFICATEOFOCCUPANCY INVOLVING DEFECTS IN WORKMANSHIP OR MATERIALS UNLESS OT IIERWISETROVIDED IN THE LIMITED WARRANTY. IN ADDITION,NEITHER THE-ASSOCIATION OR THE OWNERS SHALL HAVE ANY RIGHT TO BRING ANY CI AIMS FOR A DEFECT IN DESIGN OR CONSTRUCTION IF SUCH DEFHEG OES NOTiRESULT IN ANY ACTUAL DAMAGE TO THE PROJECT OR THE COMMONELEMENTS.The foregoing disclaimer shall also apply to all items of tangible rypersonalpropertyinstalledinor servicing the Units and Common Elements, including without limitation any range, oven,range hood and fan,microwave,garbage disposal,dishwasher, refrigerator,water heater,components of the heating system and any fire,alarm or other life- safety or security system,or any other appliance,fixture,piece of equipment or item which is a consumer product", as defined in the Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et.seq., which consumer products are not covered by the above-described Limited Warranty and shall not otherwise be warranted by Declarant. Provided,however,that Declarant shall assign to the Owners any manufacturer's or supplier's warranties with respect to such consumer products to the extent such warranties are assignable, and Declarant shall not be responsible for the performance of any such assigned warranties. DECLARANT SPECIFICALLY DISCLAIMS AND THE OWNERS AND THE ASSOCIATION SPECIFICALLY RELEASE DECLARANT FROM ANY LIABILITY FOR 00112386.DOC/3) Page 35 1 CONSEQUENTIAL DAMAGES(OTHER THAN THE REASONABLE COST OF REPAIR OR REPLACEMENT DURING THE PERIOD OF THE LIMITED WARRANTY)TO ANY PERSON OR THE UNITS OR COMMON ELEMENTS OR ANY OTHER REAL OR PERSONAL PROPERTY RESULTING FROM AN ALLEGED CONSTRUCTION DEFECT. ADDITIONALLY,DECLARANT SPECIFICALLY DISCLAIMS AND THE OWNERS AND THE ASSOCIATION SPECIFICALLY RELEASE DECLARANT FROM ANY LIABILITY FOR PUNITIVE DAMAGES ARISING IN CONNECTION WITH OR RELATED IN ANY MANNER TO ANY ALLEGED CONSTRUCTION DEFECT. ARTICLE 19 DISPUTE RESOLUTION 19.1 Dispute Resolution. Subject always to the Limited Warran°provided by Declarant pursuant to Article 18 above the"Limited Warranty"),p all disputes claims or controversies relating to the sale,condition,design or construction of any portin`ofthe Project("Claims") shall be sett led in accordance with the following: A t` a)Construction Defect Claims. If an Owner the ASSOCiatiNbelieves it has a AV Vo& construction defect Claim(as defined above),Owner-and/or the Association agrees two complywithallprovisionsoftheColoradoConstructionDefect-Action Reform Act,CRS Section 13-20- 801 et. seq. ("CDARA").The notice of claim requiredpursuant toGRS Section 1350-803.5 must be sent by certified mail,return receipt requested,or by personal service,to Declarant as set forth in Section 21.4 hereof. Requests for warranty service and reppaaiirrs shall be directed to Declarant in accordance with the Limited Warranty. `ke their(b)Arbitration of Claims. If the parties are unable to res Claim pursuant to the provisions of CDARA,or if the Claim does not•fall•withi Me pur'view of CDARA,such Claim w. shall,at Declarant's electionard in its sole discretion,be decided by mandatory and binding arbitration in accordance wit` the rules of the American Arbitration Association("AAA") currently in effect. ` ` r . J If Declarant electsmannddatory artd bm dingarbitration pursuant to the preceding paragraph or;if Decdazant s right two elect m the preceding paragraph is determined to be unenforceable by any courts of competent jurisdiction,all Claims between the parties shall be decided by mandatory and binding arbitration in accordance with the rules of the AAA currently in of eci an'd the following procedure!NMI apply: s i)ketmand for arbitration shall be filed in writing with the other party and with the AAA.A demandfor,arbitration shall be made within thirty(30)days after the Claim has arisen. In no event shall thedemandfor arbitration be made after the date when the institution of legal or equitable proceedingsed on such Claim would be barred by the applicable statute of limitations. ii)No such arbitration shall include,by consolidation,joinder or any other manner,any additional person or entity,except that Declarant,at its sole election and in its sole discretion, may by consolidation,joinder or any other manner,include contractors,subcontractors or other tpartiesinvolvedintheconstructionand/or planning of the Project.The foregoing agreement to arbitrate and other agreements,or Declarant's election,to arbitrate with an additional person or entity shall be specifically enforceable in accordance with applicable law and any court having jurisdiction thereof. 00112386.DOC/3) Page 36 1 1 1 iii)The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. iv)All filing fees and AAA costs associated with the arbitration itself shall be paid for by the party who files the notice of arbitration;provided,that all such expenses may be recovered by the prevailing party subject to the discretion of the arbitrator panel.Any issues regarding who is the prevailing party shall be determined by the arbitrator panel. The prevailing party shall also be entitled to recover from the non-prevailing party all attorney's fees and costs, including fees and costs for legal assistants and expert witnesses,and including all fees and costs incurred relative to any challenge or appeal of the arbitration award,or confirmation by a court of law. If Declarant chooses not to elect mandatory and binding arbitrat then all Claims shall be adjudicated in the Pitkin county District Court. THE PARTIES-AGREE THAT ANY AND ALL CLAIMS SHALL BE HEARD BY THE COURT SITTING WITHOUT A JURY AND r ',ALL PARTIES HEREBY WAIVE ALL RIGHTS TO A TRIAL BY JURY. c)No Contractual Duty to Repair. With the excption of Declarants Limited Warranty set forth in Article 18 above,nothing contained in this Declaration shallestablish any contractual duty or obligation on the part of Declarant to perform any inspection or repair or toreplaceorcureanydefectintheProject,nor shall this Article 196 deemed to modify or enlarge Declarant's legal obligations to the Owners or the Assocanon. ARTICLE 20 COMPLIANCE;ENFORCEMENT 20.1 Compliance; Enforcement Every Unit Owner in the'Pioject and every other person who may be an authorized occupant ofuser of anypnEof the Project, shall fully and faithfully observe,abide by;comply with and perform all ofthecovenants,conditions and restrictions set forth in[h1s Declaration,the Rules and Regulations,the Articles and Bylaws,and xnt Executive t... with any approvals granted by the Board;.as the same or any of them may be amended from time to time. In addi n to any other rights or rmedies that may be provided to any person under the terms and provisions of this Deolaration-Declarant(for so long as it holds any reserved rights under thisDeclaration),the Assoclahon through its Executive Board,and every Owner except ari caner h tt isdelinquen in the payment of Assessments hereunder),shall have the right,.acting alone or together with others having such right,to enforce,by any proceeding at law or inquiry;any or all of t}ie cbvenants,•'conditions,restrictions,assessments,charges,liens, servitudes`easements and other provisions now or hereafter contained in or imposed by said documents,and approvals gra led by the Executive Board.Notwithstanding any provision to the contrary containd in this Article 20 or elsewhere in this Declaration,requests for warranty service and repairsshall be'directed in accordance with the Limited Warranty,and all other claims or disputes relatingto the sale,condition,design or construction of any portion of the Project shall be governed and resolved by the provisions of Article 19 above. Such enforcement rights shall include without limitation the right to bring an injunctive action for any form of injunctive relief available under Colorado law(including specific performance),or an action for damages, or both. Injunctive relief may include, without limitation, orders to stop work,orders to remove improvements constructed in violation hereof,orders to compel performance, and any other orders appropriate under the circumstances. The Executive Board shall have the further right(a)to levy and collect a Personal Assessment against any Owner,(b)to enter upon any Unit within the Project, after giving the Owner at least two(2)days' written notice of the nature of the violation(unless an emergency 00112386.1bC/3) Page 37 1 exists, in which case without notice),without liability to the Owner or occupant thereof,to enforce or cause compliance with this Declaration or the Rules and Regulations,at the cost and expense of the Owner or occupant in violation,and/or(c)to cut off any or all Association services or benefits to the subject Owner and his or her Unit until the violation is cured. In any action brought under this Article 20,the prevailing party shall be awarded its reasonable attorneys'fees and costs incurred in connection therewith. Failure by any party entitled to do so to exercise in a particular instance any of the rights available to it under this Article 20 shall in no event be deemed a waiver of the right to do so in any other instance. Provided always,that no Owner shall have the right to bring an enforcement action against another Owner for a breach by that Owner of any of such matters;or,against Declarant or the Association for a breach by Declarant or the Association of any of such matters or for a s.eF;,, " failure by the Declarant or the Association to enforce compliance with such matters by others, until the aggrieved Owner has given the offending Owner or Declarant or,the Association at least thirty(30)days' prior written notice of the aggrieved Owner's complaint Ad the opportunity to resolve the problem during that thirty(30)day period And further provided,that notwithstanding'' y law to the contrary,no acl hall be commenced or maintained to enforce the terms of any building restriction contained in thisN*NZo Declaration,or to compel the removal of any improvement because of the violation of the terms eofanysuchbuildingrestriction, unless the action is commenced within one(1)year from the date from which the person commencing the action knew or in the exercise of reasonable diligenceaw, should have known of the violation for which"the action is soughtto be brought or maintained. ARTICLE 21 MISCELLANEOUS w.r..21.1 Period of Condominium Ownership.The condominium ownership created by this Declaration and the,,Coo omimum`MapshallcontinueuntilthisDeclarationisterminatedinany manner provided in this Declaration or by law ;: t 21.2 Supplement to A' he provisions of this Declaration shall be in addition and supplem n @ to theAcY,tas it m y e amended from time to time, and to any other applicable provisionsr of law. 213 Conveyance of Condominium Units.All Condominium Units,whether or not the instrument ofconveyance or assignment shall specifically refer to this Declaration,shall be subject to the co nts,conditions,restrictions,easements,reservations,rights-of-way and all other terms and provisions contained in this Declaration, as it may be amended from time to time. V."IV 21.4 Notice.Eah Owner,and each First Mortgagee if it so elects,shall register its mailing address from time to time with the Association. Except as otherwise specifically provided in this Declaration,any notice permitted or required to be given hereunder shall be in writing and may be delivered either personally,or by facsimile transmission,or by mail.Notices delivered personally or sent by facsimile transmission shall be deemed given on the date so delivered or sent. If delivery is made by mail, it shall be deemed to have been delivered two(2)business days after a copy of the same has been posted in the first-class U.S.Mail,certified and return receipt requested,with adequate postage affixed,addressed to the receiving party at the address last registered by such party with the Association,or in the case of an Owner that has not provided such an address,to the Unit of that Owner.Notices to the Association shall be sent to such address as it may from time to time designate in writing to each Owner.Until changed,the 001 12386.DOC/3) Page 38 1 i address of the Association shall be: NEED ADDRESS] 21.5 Non-Waiver.Failure by Declarant,the Association,any Owner,First Mortgagee or any other person or entity to enforce any covenant,condition,restriction,easement,reservation, right-of-way or other provision contained in this Declaration shall in no way or event be deemed to be a waiver of the right to do so thereafter. 21.6 No Dedication to Public Use.Nothing contained in this Declaration shall be deemed to be or to constitute a dedication of all or any part of the Project to the public or to any public use. 21.7 Interpretation of Declaration.The provisions of this`Declaration shall be liberally construed to effectuate its purposes of creating a common and geeialplan for the development, improvement, enhancement,protection and enjoyment of the'Prject,dto the extent possible, shall be construed so as to be consistent with the Act. In the ev nl that anyof the terms and conditions of this Declaration are determined to be incons nt with the ActXth'e Act shall control. 4 N_ 1. 21.8 Conflict with Condominium Map. In the'event of any,confltct or inconsistency fi< between the provisions of this Declaration and the Condominium Map,the provisions of said NVIN Condominium Map shall govern and control and this Declaration shall automatically be amended, but only to the extent necessary to conform the conflicting provisions hereof with the provisions of said Condominium Map. 21.9 Violations Constitute a Nuisances Army°i6latioh ofany provision,covenant, condition,restriction or equitable servitude contained in this Declaration, whether by act or omission, is hereby declared to bed nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any person entitled to enforce the provisions of this Declaration.This provision does not limit the remedies that may be available under this Declaration or at law or in equity. Failure of the.Association or of any other person to bring an enforcement act nto correct any violation of thisDeclaration shall not constitute a waiver of or estop theaAssociation or other person from bringing a future or subsequent enforcement action to correct'such violation orany other stmlanviolation. 21.10 aptions Captions gi en to various Articles and Sections herein are for convenience only,and are not intended to modify or affect the meaning of any of the substantive provisions hereof and shall n{ be considered in interpreting any of the provisions hereof 21.11 Number and Gender. Unless the context requires a contrary construction, as employed in this Declaration the singular shall include the plural and the plural the singular;and tthe masculine, feminine or neuter shall each include the masculine, feminine and neuter. 21.12 Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive. 21.13 Costs and Attorneys' Fees. In any action or proceeding involving the interpretation,enforcement or defense of any provision of this Declaration,and in any proceeding under Article 19 hereof involving a claimed defect in the construction of the Project,the prevailing party shall be entitled to recover its reasonable attorneys'fees and costs incurred in connection therewith,including fees and costs for legal assistants and expert witnesses,and 001 12386.DoC i 3) Page 39 1 1 including all fees and costs incurred relative to any challenge or appeal of the decision or award in the proceeding.. 21.14 Governing Law,Jurisdiction. The laws of the State of Colorado shall govern the interpretation,validity, performance,and enforcement of this Declaration.With the exception of matters that may be submitted to arbitration in accordance with the terms of this Declaration,any legal action brought in connection with this Declaration shall be commenced in the District Court for Pitkin County,Colorado,and by acceptance of a deed to a Unit,each Unit Owner voluntarily submits to the jurisdiction of such court. 21.15 Severability.Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Where any pro4&on of this Declaration is alleged to be or declared by a court of competent jurisdiction to be unconscionable,DeclarantfRfk' 'per shall have the right by amendment to this Declaration to replace such provision with a new provision,as similar thereto as practicable but which in] claarant's reasonable opinion would be considered not to be unconscionable. N NI l H iA Ail 6 f'1k.' oaf'• i i 101 00 1 12386.DOC/31 Page 40 1 1 1 IN WITNESS WHEREOF,the undersigned, being the Declarant herein,has hereunto set its hand and seal this_day of 1 Bear Developments,LLC a Colorado limited liability company 1 By its Manager 1 STATE OF ss COUNTY OF 1 1 The foregoing instrument was acknowledged befoee,me'this day;of by as Managerof `t" L.L.C.,a Colorado limited liability company. , Witness my hand and official seal. My commission expires: Notary Public r Ott,. o s M1 ti! Y4s4 5 7x t' + \t v ti t Vci v 1 1 1 1 00112386.DOC/3) Page 41 1 XHmIT& Legal Description) Parcel Filing No. t Lot t The s wmass Club Subdivision,_ordmmmmt thereof,recorded m Plat Book#a Page B_Reception No.z105 @ s A` \ a Nul" A•_DOC q deg EXHIBIT ALLOCATED INTERESTS Unit No. Square @&*@ Percentage v\ Footage m Interest in Common C e Elements Expenses aGarage w a# BaGarage B 25%% caGarage C a% oaGarage o qa a y A.!DOCq Page 43 1 PINNACLE DESIGN CONSULTING GROUP, INC. 0805 BUCK POINT ROAD. CARBONDALE,CO 81623 970.963.2170.970-7040215 FAX UTILITY REPORT For 300 Snowmass Club Circle Townhomes Snowmass Village, Colorado Prepared For: Bear Realty 25110—75b Street Salem, Wisconsin 53168 Prepared By: Hans E. Brucker, PE Pinnacle Design Consulting Group, Inc. 0805 Buckpoint Road Carbondale, Colorado 81623 August 14, 2009 1 PINNACLE DESIGN CONSULTING GROUP, INC. 300 SNOWMASS CLUB CIRCLE TOWNHOMES UTILITY REPORT INTRODUCTION This following is a description of the utilities proposed to provide service for two (2) townhouse units located at 300 Snowmass Club Circle in Snowmass Village, Colorado. NATURAL GAS SERVICE: Natural gas service will be extended to the site from an existing gas main located within the Snowmass Club Circle right-of-way northeast of the proposed development. The new gas main will be terminated on the east side of Unit "A" and on the west side of Unit `B". Final pipe size should be confirmed with Source Gas based on the anticipated natural gas loading requirements prior to construction. ELECTRIC, TELEPHONE & CABLE TV: Electric, telephone and cable television service will be extended to the project from an existing utility pedestal location, west of the project. A new electric transformer will be set on the northwest side of the development from which point all secondary utility services will be extended to serve the townhouse units. Prior to construction, electric load requirements along with anticipated telephone pair requirements shall be provide to the respective utility service providers. WATER AND SEWER SERVICES: Water service will be provided to the project via a new eight (8) inch water main extended from the Snowmass Club Circle Right-of-Way. From the new water main, two 2) new, separately metered, water services will be constructed to each townhouse unit. Unit `B" will be provided a one (1) inch service. A two (2) inch water service will be extended to Unit "A" for its domestic supply and for the entire complex fire sprinkler tsystem. An existing fire hydrant is currently located adjacent to the project and will provide, in our opinion, adequate fire fighting capabilities. The existing fire hydrant is located within 155 feet of the most distant unit location and therefore, we are not proposing a separate fire hydrant in the proposed development parcel as it is currently configured. Water savings for this project will be realized primarily from the use of low flow toilets and showerheads. 2 t PINNACLE DESIGN CONSULTING GROUPS INC. Sewer service will be extended from the Snowmass Club Circle Right-of-Way to the project via a new eight (8) inch sewer main, from which two (2) separate service lines will be constructed to each unit. Cleanouts will be provided at the end of each sewer service line as required for maintenance purposes. ANTICIPATED WATER USAGE: The following is a breakdown of the anticipated EQR usage or water project water demand based on an EQR schedule provided by the Snowmass Water and Sanitation District (SWSD): Multifamily Residential Unit EQR calculation EQR Value Two bedroom unit with not more than one kitchen and two baths 0.8 add for each additional bedroom 0.20 add for each additional bathroom or half bath 0.20 non-recycling hot tub per 100 gallons—volume greater than 0.1 50 gallons Unit #Bedroom/unit #Bathroom/unit Hot Tub/Unit* Total FOR s/unit A 4 6.0 1 2.4 B 4 5.0 1 2.2 Total Project EQR s 6.6 Assume each hot tub will have a volume of 400 gallons. 1 Sewer Effluent Calculations: Estimated Sewer Average and Maximum Daily Flows Use 75 gal/person/day&2 persons/bedroom 1 3 1 1 PINNACLE DESIGN CONSULTING GROUP, INC. Average Domestic Demand= (Qave) A. Qave=(# Bedrooms) x(2 persons/bedroom) x(75 gal/person/day) Qave= (8 Bedrooms) x(2 persons/bedroom) x(75 gal/person/day) Qave= 1,200 gal/day Maximum Daily Demand (Q,,,ax) sewer usage: Use a 1.5 peaking factor B. Qmax= 1.5 x Qave Qmax= 1.5 x 1,200 gal/day Q.= 1,800 gal/day Domestic Water Demand Calculations: Estimated Sewer Average and Maximum Daily Flows Use 80 gal/person/day& 2 persons/bedroom A. Qave= (# Bedrooms ) x(2 persons/bedroom) x(80 gal/person/day) Qave= (8 Bedrooms) x (2 persons/bedroom) x (80 gal/person/day) Qave= 1,280 gaUday Maximum Daily Demand for Water (Qmax): Use a 1.8 peaking factor B. Qmax= 1.8 x Qave Qmax= 1.8 x 1,280 gal/day Q,,,ax=2,304 gal/day 1 4 STAN CLAUSON ASSOCIATES )Nc landscape architecture. planning.resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f•970/92o-2628 info®scaplanning.com www.scaplanning.com 10 August 2009 Mr. Chris Conrad, Planning Director Town of Snowmass Village Planning Department Town Hall 16 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 Re: 300 Snowmass Village, Parcel 10, Filing 1, Lot 1 of the Snowmass Club PUD, Parcel ID # 264331310002 Dear Chris: On behalf of our client, Bear Realty,we are requesting that you waive the requirement for a Transportation Impact Analysis and Air Quality Analysis. Per Section 16A-5-340(o) and (p), a waiver from these analyses may be granted if the proposed development contains less than five (5) dwelling units. The proposed PUD project for the property located at 300 Snowmass Village will consist of one building containing a total of two (2) townhouse units. The impact on transportation and air quality by the townhouses will be minimal, if any at all. Currently, the building serves as an office with prior recreational and retail uses. The proposed residential use will generate less traffic and pollution. Please contact me if you have any questions or require additional information. Very truly yours, izzx Patrick S. Rowley, Associate ASLA STAN CLAUSON ASSOCIATES, INC 1 pl,y Hepworth-PawlaL Geotechnical, Inc. t II 5020% wd S Road ColGlenwoodSprings,Colorado 81601 Phone:970.945.7988 HEPWORTH-PAWLAK GEOTECHNICAL Fax:970.945.8454 email:hpgco®hpgcotech.com t 1 SUBSOIL STUDY FOR FOUNDATION DESIGN PROPOSED FOUR-PLEX 300 SNOWMASS CLUB CIRCLE SNOWMASS VILLAGE, COLORADO JOB NO. 107 0321 JUNE 260 2007 PREPARED FOR: STEPHEN R.MII.LS C/O STAN CLAUSON ASSOCIATES,LLC 200 EAST MAIN STREET ASPEN, COLORADO 81611 Parker 303-841-7119 Colorado Springs 719-633-5562 • Silverthome 970.468-1989 TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY............................................................................- 1 - PROPOSED CONSTRUCTION.....................................................................................- l - SITECONDITIONS........................................................................................................2 - FIELDEXPLORATION....................................................•.............................................2 - SUBSURFACE CONDITIONS....................................................................................... 2 - ENGINEERING ANALYSIS..........................................................................................3 - DESIGN RECOMMENDATIONS.................................................................................-4 - FOUNDATIONS..........................................................................................................4 - FOUNDATION AND RETAINING WALLS............................................................-5 - FLOORSLABS ...........................................................................................................6 - UNDERDRAIN SYSTEM..........................................................................................-7 - SURFACE DRAINAGE.............................................................................................-8 - LIMITATIONS................................................................................................................8 - FIGURE I -LOCATION OF EXPLORATORY BORINGS FIGURE 2 -LOGS OF EXPLORATORY BORINGS FIGURE 3 -LEGEND AND NOTES FIGURE 4- SWELL-CONSOLIDATION TEST RESULTS FIGURE 5 - GRADATION TEST RESULTS TABLE l- SUMMARY OF LABORATORY TEST RESULTS t 1 PURPOSE AND SCOPE OF STUDY This report presents the results of a subsoil study for a proposed four-plex to be located at 300 Snowmass Club Circle, Snowmass Village, Colorado. The project site is shown on Figure 1. The purpose of the study was to develop recommendations for the foundation design. The study was conducted in accordance with our proposal for geotechnical engineering services to Stephen R. Mills c/o Stan Clauson Associates,LLC dated April l 6,2007,Proposal No. 050-07. A field exploration program consisting of exploratory borings was conducted to obtain information on the subsurface conditions. Samples of the subsoils obtained during the field exploration were tested in the laboratory to determine their classification, compressibility or swell and other engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for foundation types,depths and allowable pressures for the proposed building foundation. This report summarizes the data obtained during this study and presents our conclusions, design recommendations and other geotechnical engineering considerations based on the proposed construction and the subsurface conditions encountered. PROPOSED CONSTRUCTION The proposed four-plex will be a four story,wood frame structure located in roughly the same location as the existing structure shown on Figure 1. It is tentatively planned to construct one level of parking below the building. Ground floors will be slab-on-grade. Grading for the structure is assumed to be relatively minor with cut depths between about 10 to 12 feet with the below grade parking level. We assume relatively light foundation loadings,typical of the proposed type of construction. The existing building will be razed prior to the new construction. If building loadings, location or grading plans change significantly from those described above, we should be notified to re-evaluate the recommendations contained in this report lob No. 107 0321 Gem hech 2- SITE CONDITIONS The site is currently occupied by an existing single story wood frame building as shown on Figure 1. A concrete golf cart path crosses the site along the east side of the property. A small detention pond is located to the north of the building and a larger pond is located to the south. The detention pond was dry at the time of our field exploration but covered with marsh grass. The ground surface is irregular with an overall slope down to the northeast. Vegetation consists of lawn areas with aspen and evergreen trees. FIELD EXPLORATION The field exploration for the project was conducted on June 18, 2007. Two exploratory borings were drilled at the locations shown on Figure l to evaluate the subsurface conditions. The borings were advanced with 4-inch diameter continuous flight augers powered by a truck-mounted CME-45B drill rig. Hand slotted, 1%:-inch diameter PVC pipe was installed in the borings to the depth shown on Figure 2. The borings were logged and monitored for groundwater by a representative of Hepworth-Pawlak Geotechnical,Inc. Samples of the subsoils and bedrock were taken with 1%inch and 2 inch I.D. spoon samplers. The samplers were driven into the subsurface materials at various depths with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils and hardness of the bedrock. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Figure 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2. The subsoils,below about 1 to 4 feet of predominantly granular fill,consist of about 4 to 10 feet of medium stiff to stiff,sandy clay with shale fragments overlying relatively Job No.107 0321 1 3 - dense, clayey sandy gravel with cobbles and boulders. Hard claystone bedrock(Mancos Shale)was encountered in Boring 2 at a depth of 19 feet below the ground surface down to the maximum explored depth of 25 feet. Drilling in the dense granular soils with auger equipment was difficult due to the cobbles and boulders and drilling refusal was encountered in the deposit at a depth of 18 feet in Boring 1. Laboratory testing performed on samples obtained from the borings included natural moisture content, density, gradation analyses and unconfined compressive strength. Results of swell-consolidation testing performed on a relatively undisturbed drive sample of the upper clayey soil,presented on Figure 4, indicate low to moderate compressibility under conditions of loading and wetting. Results of gradation analyses performed on a small diameter drive sample (minus 1'/z inch fraction) of the coarse granular subsoils below the clay are shown on Figure 5. The laboratory testing is summarized in Table 1. Free water was measured in the borings between about 4 and 5 feet below the ground surface when checked on June 22,2007. The subsoils above the groundwater level were typically moist. ENGINEERING ANALYSIS The subsoils encountered at shallow foundation bearing level typically consist of sandy clay with shale fragments which are suitable for support of lightly loaded spread footings with some settlement risk. Based on the assumed excavation depth for the below grade parking level, it appears that the foundation will be based in the relatively dense, clayey gravel soils which possess moderate bearing capacity and relatively low settlement potential. Settlements could be differential between footings with variable loading and bearing conditions. The existing fill soils at the site are not suitable for building or slab support and should be completely removed below building areas. Excavation dewatering will be needed for construction in the dry. lob No. 107 0321 GgRtech 1 4- Free water was measured in the borings between about 4 and 5 feet below the existing ground surface. It does not appear practical to permanently lower the groundwater level to below the buried parking level with a gravity drain system because the lowest point on the lot for the outlet is at about elevation 7,970 feet. Constructing the slab below the 1 groundwater level will have a risk of slab heave due to excessive water pressure buildup below the slab. Blow out plugs can be installed in the slab to relieve pressures and reduce the risk of slab heave. The underslab drain system should slope to a sump and pump. As an alternative, the foundation can be constructed water tight and designed to resist hydrostatic pressure and uplift. DESIGN RECOAMENDATIONS FOUNDATIONS Considering the subsurface conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the building be founded with spread footings bearing on the natural soils. The design and construction criteria presented below should be observed for a spread footing foundation system. 1) Footings placed on the undisturbed natural soils should be designed for an allowable bearing pressure of 2,000 psf. Footings bearing entirely on the relatively dense gravel soil below the clay should be designed for an allowable bearing pressure of 3,000 psf. Based on experience,we expect settlement of footings designed and constructed as discussed in this section will be about 1 inch or less. 2) The footings should have a minimum width of 16 inches for continuous walls and 2 feet for isolated pads. 3) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation for frost protection. Placement of foundations at least 42 inches below exterior grade is typically used in this area. Job No. 1070321 G9 tech 1 5 - 4) Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 12 feet. Foundation walls acting as retaining structures should also be designed to resist lateral earth pressures as discussed in the "Foundation and Retaining Walls" section of this report. 5) All existing fill,debris,topsoil and any loose or disturbed soils should be removed and the footing bearing level extended down to the natural soils. If water seepage is encountered, the footing areas should be dewatered before concrete placement. Construction dewatering will probably be required and can consist of trenches and sump pits located outside of footing areas. An intercept trench drain could also be required around the uphill side of the building for the below grade parking level. 6) A representative of the geotechnical engineer should observe all footing 1 excavations prior to concrete placement to evaluate bearing conditions. FOUNDATION AND RETAINING WALLS Foundation walls and retaining structures which are laterally supported and can be expected to undergo only a slight amount of deflection should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of at least 55 pcf for backfill consisting of the on-site soils. Cantilevered retaining structures which are separate from the building and can be expected to deflect sufficiently to mobilize the full active earth pressure condition should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of at least 45 pcf for backfill consisting of the on-site soils. Backfill should not contain vegetation,topsoil, debris or rock larger than about 6 inches. Wet soils removed from the excavation will need to be dried out prior to use as backfill. All foundation and retaining structures should be designed for appropriate hydrostatic and surcharge pressures such as adjacent footings,traffic,construction materials and equipment. The pressures recommended above assume drained conditions behind the walls and a horizontal back-fill surface. The buildup of water behind a wall or an upward lob No. 107 0321 1 sloping backfill surface will increase the lateral pressure imposed on a foundation wall or retaining structure. An underdrain should be provided to prevent hydrostatic pressure t buildup behind walls. Backfill should be placed in uniform lifts and compacted to at least 90%of the maximum standard Proctor density at near optimum moisture content. Backfill in pavement and walkway areas should be compacted to at least 95% of the maximum standard Proctor density. Care should be taken not to overcompact the backfill or use large equipment near the wall, since this could cause excessive lateral pressure on the wall. Some settlement of deep foundation wall backfill should be expected, even if the material is placed correctly, and could result in distress to facilities constructed on the back-fill. The lateral resistance of foundation or retaining wall footings will be a combination of the sliding resistance of the footing on the foundation materials and passive earth pressure against the side of the footing. Resistance to sliding at the bottoms of the footings can be calculated based on a coefficient of friction of 0.45 for gravel bearing soils. Passive pressure of compacted backfill against the sides of the footings can be calculated using an equivalent fluid unit weight of 375 pcf for the dry condition and 225 pcf for the buoyant condition. The coefficient of friction and passive pressure values recommended above assume ultimate soil strength. Suitable factors of safety should be included in the design to I imit the strain which will occur at the ultimate strength,particularly in the case of passive resistance. Fill placed against the sides of the footings to resist lateral loads should be compacted to at least 95% of the maximum standard Proctor density at near optimum moisture content. FLOOR SLABS The natural on-site soils,exclusive of topsoil,are suitable to support lightly loaded slab- on-grade construction. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended Job No. 107 0321 C,99bech 1 1 slab use. A minimum 4 inch layer of free-draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 inch aggregate with at least 50% retained on the No. 4 sieve and less than 2%passing the No. 200 sieve. Blow out plugs should be installed in the floor slab to prevent slab heave in the event that the groundwater level rises. All fill materials for support of floor slabs should be compacted to at least 95%of maximum standard Proctor density at near optimum moisture content Required fill can consist of the on-site granular soils devoid of vegetation,topsoil and oversized rock. UNDERDRAIN SYSTEM Free water was encountered at relatively shallow depth during our exploration and it has been our experience in the area that the water level can rise during the spring and local perched groundwater can develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can create a perched condition. We recommend below-grade construction, such as the proposed buried parking Ievel, be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free-draining granular material. The drain should be placed at each level of excavation and at least I foot below lowest adjacent finish grade and sloped at a minimum I%to a sump and pump. Free-draining granular material used in the underdrain system should contain less than 2%passing the No. 200 sieve, less than 50%passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 2 feet deep and extend up to above any seepage encountered during construction. Interior lateral drains about I%feet below slab grade should be placed under the garage slab about 20 feet spacings and sloped at a minimum 1%to the sump. t Job No. 1070321 8- SURFACE DRAINAGE The following drainage precautions should be observed during construction and maintained at all times after the building has been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90%of the maximum standard Proctor density in landscape areas. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 6 inches in the first 10 feet in unpaved areas and a minimum slope of 2%inches in the first 10 feet in paved areas. Free-draining wall backfill should be capped with about 2 feet of the on- site clay soils to reduce surface water infiltration. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. LEVHTATIONS This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Figure 1,the proposed type of construction and our experience in the area. t Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC,then a professional in this special field of practice should be consulted. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface Job No. 107 0321 G99tech t conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report,we should be notified so that re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves,we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. Respectfully Submitted, HEPWORTH -PAWLAK GEOTECHNICAL, INC. 1 Trevor L.Knell, P.E. Reviewed by: Steven L. Pawlak, P.E. TLK/vad 1 Job No. 107 0321 G99bech v Q`4 t,•l S y+/kr'b!"^`t y.. vn f^A .F'/4 r`` t/q'+E -h 1 r\ 4 Y '^' ILLlE x s, S•' ?{'° t aw '11E fir' , {''i`r- s > Z` b7 ^flTj5.1 rte - e ,M1',' 1`."` E'Y 4'•e - 0 y , .,•t t"`.y'..n^""YS For 9s z ,ppw 5%A. h rrnL f ,ru 'fc',Se ti: - Y' 1 FY ' I 11YJt ^t"rU4 1 ',• c\y 4 Mello, WM 1 ® 'Aj 14 4 I f ` F r sf.3s 7 BORING 1 BORING 2 ELEV.=7980' ELEV.=7977' 7980 7980 4 7976 5/12 7976 0 WC-16.0 DO 112 200=30 4 5/12 WC-25.0 7970 oo=G1 787013/12 UC=2000 0 17/12 i F7965 60112 7965 0 W 40/12 w 4-GG 7960 200'7 7960 0 e. 60/6 7955 7955 7950 7950 Note:Explanatton of symbols is shown on Figure 3. H 107 0321 tECh LOGS OF EXPLORATORY BORINGS FIGURE 2 HEPWONIFFPAWWI LEGEND: FILL;sandy clay and gravel with cobbles, medium dense,slightly moist,light brown. CLAY(CL);sandy, with very sandy layers, scattered shale fragments, medium stiff, moist to wet, dark brown to gray. CWnqYPI GRAVEL(GC);sandy,clayey,with cobbles and boulders, medium dense to dense,moist to wet,dark brown to gray. CLAYSTONE BEDROCK;weathered to very hard,slightly moist, gray. Mancos Shale Relatively undisturbed drive sample;2-Inch I.D.California liner sample. Drive sample; standard penetration test(SPT), 1 28-Inch I.D. split spoon sample,ASTM D-1586. 5/12 Drive sample blow count; indicates that 5 blows of 140 pound hammer falling 30 inches were required to drive theCaliforniaorSPTsampler12Inches. TPractical drilling refusal on a boulder. Indicates slotted, 1 i Inch diameter PVC pipe installed in the boring. 1 00_4 Free water level in boring and number of days following drilling measurement was taken. NOTES: 1. Exploratory borings were drilled on June 18,2007 with 4-inch diameter continuous flight power auger. 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory borings were obtained by interpolation between contours shown on the site plan provided and checked by instrument level. 4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between tmaterialtypesandtransitionsmaybegradual. 6. Water level readings shown on the logs were made at the time and under the conditions indicated. Fluctuations in water level may occur with time. 7. Laboratory Testing Results: WC=Water Content(%) DD = Dry Density(pcf) 4= Percent retained on the No.4 sieve 200 = Percent passing No.200 sieve UC= Unconfined Compressive Strength (psf) H 1070321 rtech LEGEND AND NOTES FIGURE 3 HEPWCGiH•PAWIAI(Ga)TECHNIGL 1 1 Moisture Content= 16.0 percent 1 Dry Density= 112 pct Sample of.Clayey Sand with Shale Fragments 1 From:Boring 1 at 5 Feet 1 II I 1 No movement O I I upon wetting 1 Cr U 2 I I I I I II I I I I II II II 0.1 1.0 10 100 APPLIED PRESSURE(ksf) 1070321 G&rtech SWELL-CONSOLIDATION TEST RESULTS FIGURE 4 HEPWGpIlFPAWIAR GEGTECHNICAL NONNI ON mill NEIMMOMMEMEMIlls 1 , ENO MEMO GRADATION TEST RESULTS 000 o HEPWORTH- PAWLAK GEOTECHNICAL, INC. TABLE 1 Job No. 107 0321 SUMMARY OF LABORATORY TEST RESULTS SAMPLE LOCATION NATURAL NATURAL GRADATION PERCENT ATTERBERG LIMITS UNCONFINED BONG DEPTH MOISTURE DRY GRAVEL SAND PASSING LIQUID PLASTIC COMPRESSIVE SOIL NO. CONTENT DENSITY NO. 200 LIMIT INDEX LENGTH TYPE I%) SIEVE ft PSF 1 5 16. 0 112 30 Clayey sand with shale fragments 2 5 25. 0 91 2, 000 Sandy Clay 15 59 34 7 Slightly clayey sandy gravel 1 1 NatureTech Consultant Services Corp. Biological Assessment, Wetland Delineation and Mitigation, Fish and Wildlife Habitat Enhancement WETLAND DELINEATION REPORT SNOWMASS CLUB OLD CLUBHOUSE IVY fl- 1 O 5, i I l •d' "l^' i'l..a,.y !a v it JI 7` LL 7'i , l` (/'t. 'il•F/Y ( ;`!' ' 1yY,, 7 f s,f j'\'r l \ v1?4 pp^ i'. r _ .rr 7"tip J F'-.:-6.:\'/'1ll! ct I i.--gym z' Sz1 jIS, -,:K__1`-'=•r 1 PREPARED FOR: STAN CLAUSON ASSOCIATES, INC. ASPEN, CO 81611 July 2007 1 1 1 WETLAND DELINEATION REPORT SNOWMASS CLUB -OLD CLUB HOUSE PARCEL Pitkin County,Colorado 1 Site Description NatureTech Consultant Services (NTCS) was retained by Tanya Stevens of Stan Clauson Associates to conduct a wetland delineation on a property known as the Old Club House Parcel on the Snowmass Club Property. The subject parcel is part of a larger parcel most recently known as the Snowmass Club. The parcel is located in the Section 6,Township 9 South Range 85 West. The Purpose of the delineation is to determine the extent of the wetlands on the property so that an adequate development proposal can be planned and implemented. The Snowmass Club parcel is found on the southeast side of Snomwass Village near the new Snowmass Club Center. To access the parcel from Grand Junction, take I-70 to the Glenwood Springs Exit, proceeding east on Colorado State Highway 82 to Brush Creek Road and traveling to Highline Road. Take Highline Road south to Snowmass Club Circle. At Snowmass Club circle proceed west approximately 1 mile to subject property. Subject property can be found on the East side of the road. The property is approximately 0.5 acres in size and contains a small amount(0.02 acres) of potential jurisdictional wetland. Water enters the property from two sources. First, the main stem of an unnamed tributary to brush Creek traverses the property from southwest to northeast. The intermittent drainage collects in a small retention basin found on the northeast side of the parcel. Second, a small pipe that was part of a water feature found in the old club house contributes water into the basin area. The intermittent drainage is relatively flat and serves to drain the slopes found to the southwest of the property and is an overflow channel for a wetland found immediately up grade and adjacent to the subject parcel. The watershed area drained by the creek is approximately 25 acres in size. The intermittent channel is fairly shallow and in some cases appears to be lacking a defined channel bed it does not meet wetland criteria and only serves as conveyance for sheet flow up gradient from the subject parcel. Wetlands and waters of the U. S. were delineated on June 17, 2007 by Michael J. Villa of NatureTech Consultant Services Corp.using the routine onsite determination method as described in the 1987 Federal Manual for Identifying and Delineating Jurisdictional Wetlands. NatureTech Consultant Services Corp. flagged and mapped the jurisdictional boundary. The wetlands were then mapped using a Thales Mobile Mapper Pro submeter resolution and differentially corrected to sub decimeter using mobile mapper software. Wetlands on the subject property a aze fairly degraded emergent/grass-grasslike wetands and are only associated with the small drainage and the basin area. Because the channel is an intermittent drainage it is apparent that the wetlands are typically supported by subsurface hydrology. As a result the channel is relatively narrow and lineal in their configuration and in some cases lacks any defined channel. The basin wetlands are confined and supported hydrologically by water that enters the basin though the channel and subsurface flow. 1 Vegetation There is one distinct wetland type that occurs on the property. The grass/grass-like wetland is found within the property and is typically described as emergent wetland dominated by Carex and wetland forbs. The dominant vegetation of the wetland area consists of Beaked sedge (Carex uulculata), arctic rush (Juncus arcticus), wooly sedge Carex lanuginosa), Cow Parsnip (Heracleum arvense), Avens (Geum macrophyllum) and white clover(Trifolium repens). The upland areas are dominated by Smooth Brome Grass (Bromus inermis), Orchard Grass (Dactylis glomerata), and Kentucky Bluegrass Poa pratensis). There are some wetland shrubs that occur on the property but are not typically associated with the wetlands. Some species found in the area are mountain willow (Salix monticola), Drummond's Willow(S. drummondiana) and yellow willow S. lutea). Table 1 shows a complete list of plants encountered on the property. Hydrology The wetlands on the property are primarily associated with the basin area and are solely supported by inputs from the watershed above and those generated inside the building. The site has been previously disturbed by the construction and operation of the clubhouse and work associated with the construction of Snowmass Club Circle. The basin is subgraded to approximate 4 feet from the building elevation and appears to have been a borrow area for fill during the original construction. Hydrology is maintained by both runoff and continued flow from the clubhouse structure. Soils 5 study pits were dug by hand to evaluate the soils on the property. The results of three of the pits were recorded on the routine on-site determination data forms. The other six pits were used in order to make a determination when there was a question. Soils encountered on the property were generally sandy loams with moderately deep A- horizons. Soil color ranged from 10YR 2/2 to 5YR 3/2. In the wetland, free water occurred from shallow inundation(— .5 inches)to 1 to 3 inches subsurface. Soils in the upland area were sandy with little organic material present. Depth to free water and saturated soil conditions was greater than 17 inches. 1 1 Summary One distinct wetland type is present on the property. The grass/grass-like wetland occurs within the small basin area and is in low functioning condition. The slope wetlands have been impacted through time by use historic use of the clubhouse area. The wetland throughout the property is easily identified due to its close association with identifiable water sources. Wetlands were identified using the routine on-site method as described in the 1987 manual. 1 1 1 1 1 Table 1: Common plants found on the Snowmass Clubhouse parcel. ID Scientific Name Common Name Indicator Status Stratum 1 Carex lanuginosa Wooly Sedge OBL H 2 Dactylis glomerata Orchard Grass FAC+/NI H 3 Carex utriculata Beaked Sedge OBL H 4 Juncus balticus Baltic Rush FACW H 5 Bromus inermis Smooth Bromegrass FACU H 6 Poa pratensis Kentucky Bluegrass FACU H 7 Taraxacum officinale Common Dandelion FACU+ H 8 Geum macrophyllum Common Avens FAC H 9 Heracleum arvense Cow Parsnip FACU H 10 Medicago sativa Alfalfa FAC H 11 Trifolium repens White Dutch Clover FAC H 12 Cirsium arvense Canada thistle FACW H 13 Potentilla gracillis Soft Cinquifoil FACW H 14 Salix monticola Mountain Willow OBL S 15 Salix drummondiana Drummond's Willow OBL S 1 1 1 el, 1 ,, 1 , ' t ill., r ,P 1 I lqui i 1. l pi.:J tuJ plus uu Juno ina. l lu6 pi:a i i. 1 1 1 1 1 1 1 1 1 1 1 1 a a Rr-S anti 1 Figure 2. Basin Wetland near Old Club House and Cart Path 1 1 1 tF y y Figure 3. Representative view of study site 1 1 r 1 s T t 1i Figure J. Supporting Hydrology from Water Feature Internal to Clubhouse Building 1 1 1 x q h• ' t{. Figure 5. Inlet from intermittent drainage t mss;r _ Figure 6. Small Basin looking downstream to outlet culvert 1 J' - - t'•• ••.'. . .• fie/-• - f Jj LEGENDEXISTING WETLANDS f DISTURBED WETLANpS NEW WETLANDS i t NEW- WETLANDS A I "' 0. 889 ACRES 0 WETLAND DELINEATION Drexel, ers a Sul & s Engineers • Surveyors NEW WETLANDS AND DISTURBED AREAS A_ S JULY 2001 1 FILE SCALE 111= 100' ' IOU fIEW- 1155 I •„ III , p 1 DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT,SACRAMENTO CORPS OF ENGINEERS COLORADO WEST REGULATORY BRANCH 400 ROOD AVENUE,ROOM 142 O ATMPMON OF GRAND JUNCTION,COLORADO 81801ATTENTI 7anuary26,2009 Regulatory Division(SPK-2008-1799-CW) S.R. Mills Bear Realty,Inc. 4100 80`n Street Kenosha, Wisconsin 53142 Dear S.R. Mills: We are responding to your December 11,2008,request for a Department of the Army permit for the 300 Snowmass Club project. This approximately 0.5 acre project involves activities, including discharges of dredged or fill material,in waters of the United States to redevelop the existing parcel. The site is located near Brush Creek within Section 31,Township 9 South,Range 85 West,6"PM,Pitkin County,Colorado. Based on the information you provided,the proposed activity in approximately 0.02 acres of wetlands is authorized by Nationwide General permit number(NWP)29. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets. You must sign the enclosed Compliance Certification and return it to this office within 30 days after completion of the authorized work. This verification is valid for two years from the date of this letter or until the NWP is modified,reissued,or revoked,whichever comes first. Failure to comply with the General Conditions of this NWP,or the project-specific Special Conditions of this authorization,may result in the suspension or revocation of your authorization. We appreciate your feedback. At your earliest convenience,please tell us how we are doing by completing our customer survey at http.-IAtnviv.spk.usace.army.mil/customer_survey.html. Your passcode is"conigliaro". 1 2 Please refer to identification number SPK-2008-1799 in any correspondence concerning this project. If you have any questions,please contact me at this office, email Mmk,4.GiollanQusace.army.mil,or telephone(970)243-1199, extension 15. Sincerely, Mark Gilfillan Project Manager/Tribal Liaison Colorado West Regulatory Branch Enclosures Copies famished without enclosures Mr. Patrick Rawley, Stan Clauson Associates,Inc.,412 N.Mill Street,Aspen,Colorado 81611 Pitkin County, Environmental Health and Natural Resources, 0405 Castle Creek Road,Suite 10, Aspen, Colorado 81611 1 1 I BRUSH CREEK IMPACT REPORT J SNOWMASS TOWNHOUSES 1 LI jr Y r Town of Snowmass Village, Pitkin County, Colorado 1 April 2008 r 'r' Prepared for - STAN CLAUSON ASSOCIATES, INC. 1 412 N. Mill Street,Aspen, Colorado 81611 Prepared by - COLORADO WILDLIFE SCIENCE, LLC i 0100 Elk Run Drive, Suitre 128A, Basalt, CO 81621 970)927-4549 info @coloradowildlifescience.com 1 1 Snowmass Townhouses t Brush Creek Impact Report April 2008 COLORADO WILDLIFE SCIENCE, LLC Ecological Research,Management&Consulting Wildlife•Wetlands•Riparian•Restoration Jonathan Lowsky,MS Wildlife Biology Certified Wetland Delineator Certified Applied Fluvial Geomorphologist BLM Certified-Riparian Proper Functioning Condition Analysis 1 COLORADO WILDLIFE SCIENCE,LLC p.2 Snowmass Townhouses Brush Creek Impact Report April 2008 TABLE OF CONTENTS 1.0 INTRODUCTION..................................................................................................................................5 2.0 METHODS.............................................................................................................................................. 5 3.0 SITE DESCRIPTION/EXISTING CONDITIONS..............................................................................5 5.1 Wetlands and Waters of the U.S......................................................................................................6 5.1 Riparian Areas....................................................................................................................................7 6.1 Canada Lynx.......................................................................................................................................8 6.2 Ungulates............................................................................................................................................8 6.3 Raptors................................................................................................................................................8 6.4 Black Bears..........................................................................................................................................9 7.0 CONCLUSIONS....................................................................................................................................9 8.0 SECTION 16A-4-30(E)STANDARDS.................................................................................................9 9.0 QUALIFICATIONS OF THE PREPARER........................................................................................11 10.0 LITERATURE CITED........................................................................................................................12 MAPS..........................................................................................................................................................13 PHOTOS.....................................................................................................................................................16 APPENDICES............................................................................................................................................ 19 APPENDIX A: NatureTech Consulting Inc.Wetland Delineation Report..............................20 APPENDIX B: Pinnacle Design Consulting Group Drainage&Erosion Plan.......................27 APPENDIX C: CDOW NDIS ungulate seasonal activity area definitions..............................29 1 COLORADO WILDLIFE SCIENCE,LLC p.3 Snowmass Townhouses Brush Creek Impact Report April 2008 MAPS MAP1.LOCATION MAP...............................................................................................................................14 MAP2.AERIAL VIEW...................................................................................................................................15 PHOTOS PHOTO 1.EXISTING STRUCTURE.................................................................................................................. 17 PHOTO 3.QUAKING ASPEN AND BLUE SPRUCE ON THE PARCEL................................................................17 PHOTO 4.RED-OSIER DOGWOOD ADJACENT TO POND INLET.....................................................................17 PHOTO 5.BEAKED SEDGE EMERGING FROM THE OLD POND.......................................................................17 PHOTO 6.DRAINAGE SWALE RUNS BEHIND CONDOS TO OLD POND.......................................................... 18 f PHOTO 7.INLET FROM DRAINAGE DITCH/INTERMITTENT STEAM............................................................. 18 PHOTO 8.GOLF COURSE SEDIMENT POND SOUTHWEST OF THE PARCEL....................................................18 PHOTO 9.CART PATH SERVES DUAL PURPOSE AS OVERFLOW CHANNEL FROM GOLF COURSE POND.......18 COLORADO WILDLIFE SCIENCE,LLC P.4 Snowmass Townhouses Brush Crook Impact Report Apn12008 1 1.0 INTRODUCTION This report presents an evaluation of the Snowmass Townhouses development proposal in terms of the potential to impact Brush Creek and its associated riparian habitat and wetlands.The Snowmass Townhouses project is proposed on a parcel of land (PID #2643-313-10-002) within the Town of Snowmass Village TOSV), Pitkin County, Colorado (Map 1). This parcel is situated in the Brush Creek watershed. This analysis addresses significant, present wildlife use of the subject properties, evaluates the relevant hydrologic features, make a site specific determination of the location of riparian habitat and wetlands on the property, analyze how these areas contribute to water quality and wildlife habitat, and describe how the proposed development will comply with §16A-4-30(d)and(e)of the TOSV Municipal Code (the Code). In addition, this report will address assess potential effects of development on wildlife and other important ecological resources, and recommends actions to reduce ecological impacts. 2.0 METHODS The information contained herein is based on the following: (1) Consultations with Stan Clauson Associates, Inc; (2) Consultations with Jim Wahlstrom, TOSV; 3) A site assessment of the subject properties' wetland, riparian, aquatic and other ecological resources; (4) Wetland Delineation Report, NatureTech Consultant Services Corp; (5) a review of current Colorado Division of Wildlife CDOW) Natural Diversity Information Source (NDIS) Species Distribution Data CDOW 2oo8a); (6) A review of pertinent peer reviewed literature; (7) The 1 author's observations, evaluations, and delineations of wetland, riparian, and ecological resources in the vicinity of the subject properties since 1998; and (8) The author's experience in evaluating and mitigating potential impacts of residential development on ecological resources in the Brush Creek watershed. NatureTech Consulting Corp. conducted a wetlands delineation of the subject parcel on June 17, 2007. Some of the information contained herein was provided in a Wetland Delineation Report (Appendix A) prepared for Stan Clauson Associates, Inc. by NatureTech Consulting Corp. (NatureTech Consulting 2007). In addition, a drainage and erosion control plan was developed by Pinnacle Design Consulting Group, Inc. and is attached as Appendix B. 1 3.0 SITE DESCRIPTION/ EXISTING CONDITIONS The subject parcel is situated in the North-Central Highlands and Rocky Mountain Section of the Southern Rocky Mountains Steppe - Open Woodland - Coniferous Forest - Alpine Meadow Physiographic Province (Bailey et al. 1976; Omernik 1987; Bailey 1995; Bailey et al. 1998). Elevation of the subject parcel ranges from 7,972 to 7,984 feet above mean sea level and lies within Section 31 of Township 9 South, Range 85 West of the 6th Principle Meridian. The subject parcel is currently developed with a building (Photo 1) that once served as the Snowmass Club golf clubhouse and now is occupied by the Planning Department of the Aspen Skiing Company. The 0.4o5 acre parcel is relatively flat Lbut does contain drainage ditches, swales, a concrete drainage channel/cart path, COLORADO WILDLIFE SCIENCE,LLC P.5 Snowmass Townhouses Brush Creek Impact Report April 2008 and a man-made pond that is no longer maintained (See Appendix C — Existing Conditions and Map 2). In addition, an unnamed intermittent stream/drainage ditch runs generally west-southwest to east-northeast across the subject parcel Map 2). Brush Creek flows west-southwest to east-northeast across Snowmass Club Circle (approximately 143 feet)from the subject parcel (Map 2). 4.0 VEGETATION The subject parcel does not contain any naturally occurring native plant communities. Rather, it is currently landscaped with lawn grasses (e.g., Kentucky bluegrass and sheep fescue), pasture grasses (e.g., smooth brome, orchardgrass, redtop), and ornamental native trees and shrubs (e.g., quaking aspen, blue spruce, red-osier dogwood, shrubby cinquefoil, and willows) (Photos 2, 3). Graminoids dominate the old pond, ditches and swales (Photos 4, 5). These include rushes and sedges (e.g., beaked sedge, wooly sedge, Arctic rush, tufted hairgrass), and forbs (e.g., cow parsnip,largeleaf avens). 5.0 HYDROLOGY As described above, the subject parcel contains an unnamed intermittent stream that also serves as a drainage ditch for residential development above the subject parcel. This ditch feeds the pond area and associated wetlands via an artificial channel (Photo 6; Map 2). In addition, water flows from a small pipe that was part of a water feature that was located in the existing building and contributes water to the wetlands in the pond basin. The basin which contains the old pond is sub-graded to approximately 4 feet from the building elevation and appears to have been a borrow area for fill during the original construction (NatureTech Consulting 2007). Hydrology on the parcel is maintained by both runoff and continued flow from the old clubhouse building. The grade in which the intermittent stream/ditch is imbedded is relatively flat and drains areas west-southwest of the property while serving as an overflow channel for a wetland/sediment pond found immediately above and adjacent to the subject parcel (NatureTech Consulting 2007). The watershed area drained by the unnamed tributary is approximately 25 acres in size (NatureTech Consulting 2007). The stream channel is fairly shallow and in some cases lacks a defined streambed where it does not meet wetland criteria and only serves to convey sheet flow up-gradient from the subject parcel (NatureTech Consulting 2007). A 0.58 acre sediment pond lies southwest of the subject parcel (Map 2; Photo 7). This pond was created as part of the golf course redesign (2004). An overflow channel was created at the northeast end of the pond for a 25-50 year event. From the overflow channel, water is directed down a cart path (Photo 8) that was intentionally designed to serve as part of the overflow channel as well. 5.1 WETLANDS AND WATERS OF THE U.S. Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in COLORADO WILDLIFE SCIENCE,LLC p.6 Snowmass Townhouses Brush Creek Impact Report April 2008 1 saturated soil conditions (Environmental Laboratory 1987). A wetland delineation of the subject parcel was conducted by NatureTech Consulting Corp. in June 2007. All wetlands were delineated according to the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual (Environmental Laboratory 1987). The results of that delineation are attached in Appendix A. According to that report, wetlands on the subject property are fairly degraded emergent/grass-grasslike wetlands and are only associated with the small drainage(i.e.,the intermittent stream/drainage ditch)and the basin area (i.e., pond). Because the channel is an intermittent drainage it is apparent that the wetlands are typically supported by subsurface hydrology.As a result the channel is relatively narrow and lineal in their configuration and in some cases lacks any defined channel. The basin wetlands are confined and supported hydrologically by water that enters the basin though the channel and subsurfaceJlow. The wetlands on the property are primarily associated with the basin area and are solely supported by inputs from the watershed above and those generated inside the building. The site has been previously disturbed by the construction and operation of the clubhouse..." 4' 1 Carex lanuginosa Wooly Sedge OBL H 2 Dactylis glomerata Orchard Grass FAC+INI H 3 Carex utdculata Beaked Sedge OBL H 4 Juncus arcticus Arctic Rush FACW H 5 Bromus inermis Smooth aroma FACU H 8 Poe pratensis Kentucky Bluegrass FACU H 7 Taraxacum offfcinale Common Dandelion FACU+ H 1 8 Geum macrophyllum Largeleaf Avens FAC H 9 Heracleum arvense Cow Parsnip FACU H 10 Medicago sativa Alfalfa FAC H 11 Trifolium repens White Dutch Clover FAC H 12 Cirsium arvense Canada thistle FACW H 13 Potentilla gracilis Slender Cinquefoil FACW H 14 Salix monticola Mountain Willow OBL S 15 Salix drummondiana Drummond's Willow OBL S Table 1.Common plants found within and adjacent to delineated wetlands on the subject parcel(NatureTech Consulting 2007). 5.1 RIPARIAN AREAS For the purpose of this report, riparian areas are defined as naturally occurring plant communities contiguous to and affected by surface and subsurface hydrologic features of perennial or intermittent lotic (e.g., rivers, streams) and lentic (e.g., lakes, ponds) water bodies. Riparian areas have one or both of the following characteristics: 1) distinctly different plant species than adjacent areas, and/or 2) species similar to adjacent areas but exhibiting more vigorous or robust growth forms. Riparian areas are often transitional between wetland and upland U.S. Fish and Wildlife Service 1997)• The riparian areas of the subject parcel largely coincide with the wetlands, ditches, and swales described above. An examination of the plant communities COLORADO WILDLIFE SCIENCE,LLC p.7 Snowmass Townhouses Brush Creek Impact Report April 2008 and hydrological gradient revealed that there is no significant riparian habitat or naturally occurring riparian plant communities on the subject parcel outside of the delineated wetlands. As such, the delineated wetland boundaries should be considered riparian in nature as well and constitute the extent of riparian conditions on the subject parcel. 6.0 WILDLIFE There are no federally listed Threatened, Endangered or Candidate plant or animal species known or suspected to occur on the subject parcel nor is there critical habitat for any federally listed species. 6.1 CANADA LYNX The U.S. Fish and Wildlife Service published a final rule on March 24, 2000 listing the Canada lynx (Lynx canadensis) in the coterminous United States as a threatened" species under the Endangered Species Act (Federal Register: 65 FR 16052). On November 9, 2oo6, the proposed critical habitat plan for lynx released by the U.S. Fish and Wildlife Service (Federal Register: 5o CFR Part 17 66008) omits Colorado, New Mexico, and southern Wyoming (USF&WS 2oo6). CDOW defines Canada lynx potential habitat as follows: `Those areas having the highest potential of [Canada] lynx occurrences in the state. These areas usually contain positive, probable, or possible reports" (CDOW 2007). In Colorado, optimal lynx habitat consists of mature Engelmann spruce-subalpine fir forest stands with 42-65% canopy cover and 15-20% conifer understory cover (Shenk 20o6). Given the landscape in which the subject parcel is embedded, existing land use, and plant communities, the subject parcel does not provide any suitable habitat for Canada lynx. The subject parcel is not mapped by the CDOW within bald eagle (Haliaeetus leucocephalus - State Threatened) Winter range and winter forage range (CDOW 2oo8b). No active or inactive bald eagle nests, communal roost sites, or winter concentrations are known or suspected to occur on or adjacent to the subject properties. 6.2 UNGULATES' CDOW NDIS species distribution maps (CDOW 20o8a) indicate that portions of the subject properties lie within active mule deer (Odocoileus hemionus) summer range but does not contain nor is it in close proximity to any mule deer or Rocky Mountain elk (Ceruus canadensis nelsord) winter range. There is no Rocky Mountain bighorn sheep (Ouis canadensis) habitat on or adjacent to the subject properties. 6.3 RAPTORS No raptor nests were found on the subject properties during the preliminary site assessment. See Appendix A for CDOW NDIS definitions of mule deer and elk seasonal habitats. COLORADO WILDLIFE SCIENCE,LLC p.8 t Snowmass Townhouses Brush Creek Impact Reoort April 2008 6.4 BLACK BEARS The subject parcel does not contain any natural black bear (Ursus americanus) habitat. It does, however, lie within a CDOW mapped black bear fall concentration area and human conflict area as does most of the Town of Snowmass Village. 7.0 CONCLUSIONS The site assessment, literature review,field observations, and GIS analysis revealed the following: i. The wetlands and riparian habitat on the subject parcel are of very low functional value and are entirely anthropogenic. These features contribute little and provide no benefit to the hydrology or ecology of the area or the Brush Creek system. As such, these features should not be subject to the provisions of§16A-4-30 of the Code. 2. Development of the parcel in accordance with the Pinnacle Design Group's drainage and erosion control plan will likely result in no additional sediment or pollutants contributed to Brush Creek nor is it likely to alter stream flow, stream temperature, dissolved oxygen, or Total Maximum Daily Load TMDL). 3. The CDOW NDIS data are relatively accurate given the scale at which they were created. Field verification of the mapped habitats revealed that mapped habitat for bald eagles, bighorn sheep, Canada lynx, elk, mule deer, and raptors is accurate. No habitats for these species or any other Threatened, Endangered or Candidate species or other species of Special Concern will be affected by the proposed development. 4. Although the subject parcel lies within a black bear conflict area and fall concentration area mitigation measures can be taken to reduce impacts. 8.0 SECTION 16A-4.30(E) STANDARDS Development of the subject parcel will comply with the standards set forth in 16A-4-30(e) and 16A-4-40 of the Code: i. The subject parcel is setback approximately 142 feet and across Snowmass Club Circle from Brush Creek. 2. The proposed development will not adversely affect the quantity,quality or accessibility of the water resources of the Town or region, or which would occur at the expense of established water-dependent agricultural activities, or which would result in increased salinization of water courses, loss of minimum stream flows, diminishment of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. 3. Development of the subject parcel in accordance with the drainage and erosion control plan will not pollute or interfere with the natural changes COLORADO WILDLIFE SCIENCE,LLC P.9 Snowmass Townhouses Brush Creek Impact Report April 2008 of the river, stream or other tributary, including erosion and/or sedimentation during construction. 4. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. 5. Pools or hot tubs will not be drained outside the designated building envelope. 6. The proposed development is not within the floodplain of any stream nor will it affect any floodplain. 7. The jurisdictional wetlands proposed for development on the subject parcel will be mitigated according to the Nationwide Permit application submitted to the U.S.Army Corps of Engineers (USACE)submitted by NatureTech Consulting Inc.The mitigation proposal contained therein will be amended to meet any additional requirements set forth by USACE. 8. No naturally occurring or ecologically important riparian vegetation will be affected by the proposed development. 9. The proposed development will not introduce organic or inorganic pollutants into Brush Creek. io. Herbicides will only be used to control significant noxious weed infestations. Otherwise, nonchemical methods will be preferred on the site. ti. Hazardous materials associated with any use in the Brush Creek Impact Area will be stored and used in compliance with applicable state and federal hazardous materials regulations. 12. Development of the subject parcel as proposed will not interfere With the Brush Creek water cycle that supports its riparian habitat and wetlands 13. Water will not be diverted from the site, and no development activities will be undertaken that would lower the water table,or would cause the temperature of water in Brush Creek to increase beyond the tolerance levels of trout and other aquatic species. 14. Black Bears: a. All refuse containers should meet or exceed Town Standards. b. Fruit-bearing trees and shrubs should be avoided in any landscaping within the residential lots. c. Pets should not be fed outside. d. Wherever possible,lever style door handles should be avoided on the exterior of the house. e. Bird feeders will be prohibited from April through November. f. Composting should be restricted to yard waste(e.g., leaves and grass clippings). Food waste will be prohibited within compost. COLORADO WILDLIFE SCIENCE,LLC P.10 Snowmass Townhouses Brush Creek Impact Report April 2008 9.0 QUALIFICATIONS OF THE PREPARER Colorado Wildlife Science, LLC is a small ecological consulting firm based in Basalt, Colorado specializing in wildlife and ecological assessments, wetlands and riparian evaluation, stream and wetland restoration, baseline inventories, ecological planning, wildlife research and monitoring, habitat management, and ecological restoration. Owner and Principal Ecologist Jonathan Lowsky, M.S. Wildlife Biology, Colorado State University, has a broad range of knowledge. With more than 16 years of professional experience with federal, state, and county agencies as well as two major universities Jonathan's career has focused on a diverse array of wildlife from bighorn sheep, elk, and songbirds to northern goshawks, flying squirrels and spotted bats. Mr. Lowsky's experience includes biological assessments and evaluations for NEPA compliance, conservation planning, GIS Mapping and modeling, wildlife research, and ecological monitoring design and implementation, as well as wetland and riparian delineations, evaluations, and restoration. He has authored numerous management plans and conservation easement baseline inventory reports and published scientific papers. An expert birder, certified wetlands delineator, and passionate observer of wildlife, Jonathan has spent countless hours studying and appreciating Colorado's diverse ecological communities. Jonathan Lowsky completed the US Army Corps of Engineers Wetlands Delineator Certification Program in 1999 and David Rosgen's Applied Fluvial Geomorphology Course in 2oo1. This training has contributed to the quality and success of the wetlands delineations and wetlands and stream restoration projects Mr. Lowsky has completed and contributed to over the last 10 years. Prior to the inception of Colorado Wildlife Science, Jonathan served as the Pitkin County Wildlife Biologist for 8 years. In that role, he served as the County's wetlands,stream, and riparian expert. COLORADO WILDLIFE SCIENCE,LLC P.11 Snowmass Townhouses Brush Creek Impact Report April 2008 10.0 LITERATURE CITED Bailey,R. G. 1995. Description of the ecoregions of the United States. U.S. Dept.of Agriculture, Forest Service, Washington,DC. Bailey,R. G.,United States Forest Service,and U.S. Fish and Wildlife Service 1976.Ecoregions of the United States.U.S. Forest Service, [Washington]. Bailey, R. G., United States Geological Survey,and United States Forest Service. 1998. Ecoregions of North America. U.S.Dept. of Agriculture,Forest Service, Washington, D.C. CDOW. 2006a.Colorado Species Distribution Maps Metadata-Mule Deer.Available online at h!W://ndis.nrel.colos tate.edWftp/data/sam/meta/mule deer.html.Natural Diversity Information Source,Colorado Division of Wildlife, Fort Collins,CO. CDOW. 2006b. Colorado Species Distribution Maps Metatdata-Elk.Available online at http://ndis.nrel.colostate.edu/ftp/datalsam/meta/elk.html.Natural Diversity Information Source, Colorado Division of Wildlife,Fort Collins,CO. CDOW.2007. Colorado Species Distribution Maps Metadata.Available online at http://ndis.nrel.colostate.edu/.Natural Diversity Information Source,Colorado Division of Wildlife,Fort Collins,CO. CDOW.2008a.Colorado Species Distribution Digital Data. Available online at ham://ndis.nrel.colostate.edu/.Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins,CO. CDOW.2008b. Colorado Species Distribution Maps-Bald Eagle. Available online at http://ndis.nrel.colostate.edu/fti)/datalsam/bald eaele.zip.Natural Diversity Information Source,Colorado Division of Wildlife,Fort Collins,CO. Environmental Laboratory. 1987.Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U.S.Army Engineer Waterways Experiment Station, Vicksburg, MS. NatureTech Consulting. 2007. Wetland Delineation Report: Snowmass Club Old Clubhouse. 11 pp,Grand Junction,CO. Omernik,J. M. 1987. Ecoregions of the conterminous United States. Map(scale 1:7,500,000). Annals of the Association of American Geographers 77:118-125. Shenk,T.2006.Lynx Update,November 17,2006.Available online at http://wildlife.state.co.us/NR/rdonlyres/56F725F l-39DD-45E2-8F6F- 5EE51AD03E2F/0/LvnxUpdateNov92006.of. Colorado Division of Wildlife, Fort Collins,CO. U.S. Fish and Wildlife Service. 1997.A system for mapping riparian areas in the western United States. 15, Washington,D.C. USF&WS.2006. Endangered and Threatened Wildlife and Plants;Designation of Critical Habitat for the Contiguous United States Distinct Population Segment of the Canada lynx; Final Rule.November 9,2006. 71 FR 66008-66061. COLORADO WILDLIFE SCIENCE,LLC p.12 Snowmass Townhouses Brush Creek Impact Report April 2008 1 BRUSH CREEK IMPACT REPORT 1 MAPS 1 SNOWMASS TOWNHOUSES 1 COLORADO WILDLIFE SCIENCE,LLC P.13 I% b': iVl icc Y.['. V f IMS!' IryI ICF SfN( W IM661' W 106] i'S! W di 11 BrushGro• k RoaC _ - s I C--+• S -"".. 1 ` I ^ 1 '' 940 zit r% y • ' '/ 01 _ O % mwftm ~ Subject Parcel SI r 11 a• wrq 0`aI ••• -- V-• i- DO T`..-.& xnr i 1,,..... r1 11 AkanowRnith. akuf. In. Cnne ``` • J Nai1llHltlpo• Cww 1 1 J Faa}° ar.q av: R fanRUn rbW f i A Iw' sa; iw fu- x' rN loe ssirw in;., or.-n Im cai I4i si's. vl COLORADO WILDUFE SCIENCE LLC Location Map 6, SNOWMASSTOWNHOUSES 4E& 0 MWAU] 0 005 0.7 0.2 0.3 Peak Gaa4. cO M• CObi6aswualYSScM+ s•. eals 8nowrross VIIOOe, Cobraoo 1E:•]• rw ws• wwiw ...: I, woa COLORADO WILDLIFE SCIENCE. LLC p. 14 1 Fender Middle Parcel 1EcologicalAssessmentFebruary8. 2008 1 BRUSH CREEK IMPACT REPORT PHOTOS SNOWMASS TOWNHOUSES 1 1 1 COLORADO WILDLIFE SCIENCE,LLC p.16 y h l _ 1- •' l rary Channel ntP Gulf Brush Creek curse Setl: menl POW I il. ence with Brusn Creek i Y Intetrmhent Stream' Crainage CdtcS Inge; I: OnI Cra, nage Can Path Overnow Channel Oach to0' 4 Pond Fund Y 16 4V r e+ C s e e Subject Parcel Y r Drainage swab 8 Dow path LI i o fir. s Jy ate,. . Overflow CharnN r. r,r a a _•,' from Sediment Pond MOW M Golf Cvursc$ ah m] en1 Pond 10I'S5'] N: ICb55']( W IM( 6'] 1W YAy69lV1 IOa y. TW IOa!{' 1pw COLOMOO W1WUPE SCIENCE, LLC Aerial View nrlaa Sovu wurr ia+. y a,. pnDbn Gla olao Eaaaaonve. smx tau Feet ,_ pity T% OnnuOnuoa' npM1 ay.• 1 amawl as+ nn. eo nal NOW MASS TOWNHOUSES 0 25 50 too Yzs va> v, snl re a.. ixwa S/d. 927. a3a! Snowmmss Vlla e• Colorado r.or[ ewwmr. sanro.. r w.: lean nwewlarwawuawexrmaee• 9 COLORADO WILDLIFE SCIENCE. LLC P. 15 i. ITS 1 " h'= 11. I, ' py 1 y ; 1. i, i}'•-. moo' tl< d't{ w y ly ..., :... ern • ` l a: ra. c+ r VAL l l Snowmass Townhouses Brush Creek Impact Report y Photo 6. Drainage swale runs behind condos to old pond Photo 6. Inlet from drainage ditch I intermittent steam W . f Photo 7. Golf course sediment pond southwest of the parcel Photo 8. Cart path serves dual purpose as overflow channel from golf course pond COLORADO WILDLIFE SCIENCE, LLC p. r$ M M M M M M M M M M M IM Snowmass Townhouses Brush Creek Impact Report April 2008 BRUSH CREEK IMPACT REPORT APPENDICES SNOWMASS TOWNHOUSES 1 1 1 COLORADO WILDLIFE SCIENCE,LLC P. 19 Snowmass Townhouses Brush Creek Impact Report April 2008 APPENDIX A: NatureTech Consulting Inc. Wetland Delineation Report 1 t 1 1 COLORADO WILDLIFE SCIENCE.LLC P.20 1 Snowmass Townhouses Brush Creek Impact Report April 2008 WFTLt\ D RELIYGTIOV RF.P( 1RT SNON: WASS CLUB• OLD CLUB HOUSE PARCH. MWup. J, 4x+ 4nrnl 4nLW Ihlu¢ nun uW\ LYaauq PNI41. Cwdy, C. IMwY fxL anJ\\ iIJ4& I. FMH I'. Jwlmwnl X17.• fkanryn, n WETLAND DELLNEATION REPORT r:a1. T.v' h CuxuluY S,,'.'. T( n7CSI. r nm< Jbr Taq, sv+ w,+ t Sul CI, Ywn a1W A. awim LNJ ChN, SNOWAIASS CLUB OLD CLUBUOUSP. Hwe Pnrc.• Iw Un Snmlvu t1uS Pmtsny. the mhjw, rmvl Is ryn Yh ImSn Iw. vl mop r.•n, 111y krnm., We Wlwmw,+(' huh. TW ryuvi i+I• cmd m Uv S.v+ LLn F,T mnJ1iP 4 4YIh Runge c5K' a( Tlv IWt+ sof Ihn Jlo.•, uu lelu,. iamlme lWa, 4a YfU xnlaW+ wlW ry, lryny x, UUlw f rleywu Jc+, b.n+. Yl Mnry, ral cw WPI, Ya l, wl imrlanw, llJ. TIY' S..,.( Tuh I..a. In I, nd w Ibc, ouG' JL' WCOr S... V,&" Iwo Ux wm' S ..( 1W, Cmee. To.. IW r. ma•I Jr. siral) unum. tic 1- 70W IW r Janx,. Yl SMmF+ LY, MwvWIV earl an( hNwslY Swn Bioiway S.' hr Ilrluh(' m4 ILv11.+ I Fhl HIrJJhre N+ aJ. TAe RiF1Uiw Rwl nutll IY$ ItlmmiM Cluh 0. k.rck. AtSSt.- xnrl. aYt' Iuh AralepwYW xva. ruaYVUeIylnJlc W+. hjwi rynpxry. tiulwyLnlr, rp cwWlandwUp liw, WeorUK nW llm prnITnyl+ ryrynwmuulr n.l> nv un• ma nnuli.+ u amll w. xxn 1211: mraal YrryRI., ) ur., tott anal xval:. IJ. \\' alcrelLL.• k Mury, ty i nlx' u mnv, fkn. lla• 41a111• Itnl urY11 WY4Y1M1 YIIWIyW Ifnlll, s V,++ 11 IIN rlulYny lfwllt,; I eY IYrNW, C, TI\• YnemIMO11JyN[. v, ak.l+ niNnaII 1C6YLLYn 1NW hNI w1Ae wNWw wle oflW ryv\ I. SC\'+ W.. emdlpM xa3 ryn nf. x'aL. T few YCf+ u1Wm J Uw olJ cGh hw: avWrihuwa xlun 11100 Uu haYY wea. TW nWmnum JfY11WFC Iv, eLUach R.J, rI x17.+ IuJr, nUx, 4M, r, YIW W UW PREPARED MR: xxlwxeY Y( Jr rmr: ny nW i+ wY. enYx en, mxl r..,a, aluW I„ nle mnlla0, hlr Yr STAN CLAUSEN AND ASSOMTES pule mW rgrHn YI IIh+ Yhlu.+ r.lrl. The xuu: rJw• J. ren JmuwW m IW crw• S1. e mamurrly. 5 arcs m me TW nlam, inan ckunYl i. raulY Jnllwv rW m Yxly ASPES. CO tlfl i sar- L. 1.... Ixkmg a kRwd. Aonnl WA a Are+ rn nAH x11 dmkrY: u.l r. ln, e>.r. a•n. Jln, an.. P IYd4. LL rnnl n., WI},. pBed. July 2007 Wnlu. l wA.. an afOYr U.S wm Jatrrd w hm 17. 2001 by Mid..). VJI. Yr I:. ureTwh I' ulallmr SrNr Lbp.. Ll.t Olkwi erto Wduklaftll.. meUYW Y+ Je,U”, In IW LT. hC bYii9 ltr HsW) wtaM DALICI WPM WNYW,. n. mrc7rn CUUUl4LL11 Sev. va CUII. IIaPJtaJ uWrY> rpd de le, Wlclxnal IY. 4w. KS TWxelluat+ x'c, cl nul• rnluclgnohr L Shfiilchla1r11., ITu+. hmNn IaxJulan uel dlflu. nn, lb uurcaal L. YIF d. cumw nwg nu• Ltic uYmp' rx,ll,a,ve. COLORADO WILDLIFE SCIENCE. LLC p 21 Snowmass Townhouses Bnfsh Creek Impact Report April 2008 WaWdsen die suhicclp,., mny me flly, kgemkJ a: m% nrlgms. liYe% a lv nuuwre, y- wlunn: dyaundatnlwclithet. tall 4naRe amt ne huinavu Il. a the dmuml fv n imernomnttind ge Jit pp., that We oetln, 6 ae ruppoenlby OdedieingtdlnJtypeupeaea: on the Rolxv,. Th< dnonpaes• Ilc wOwdoi, ur, Inter.. bytbolnpy. Asurewdl the chmM ie rcWmtI, meow W lme, Iin their wtWiv the zmWlbam uru nJis L¢ luw fmdimlvX eonJhi^ n ntidopowstldrishuv4 apRguwim avid in ame toted lath any defined clunazl. The buin wed. sue, beed lmputal duengh now by ux hiroricua ofthe< lubhome am The welad unnlinel ad a, pporuA hyd: doficany Fy wou< tMt nras the hm, n vwnrh the clvmxl. thm, flyeul tM popexry is endy i, kn: ilid due mm ebae aarciwihn with inem., tuFle malsubmnhce Raw, wmumuea. Wdlmuly was itlm: ibduemC the,. mia m- nimm iiM a.. tnn, deda die t% 7 motel. etetmim Trdrs me Jiwi: utwn die irpclhat, ittypidm& vMby. = Mtwelmd wnbndie by cxmeidlel, eidfmn. isty cueavea, e Jmadic% cunlad" J:m I. byC¢ cad' ec.— tabs. ThedanI. rrye' rhmofd. wileda< n C. 1, of xmotd. Cdte( C.. rwn( Iwnik)• araiCwbfJarnWw itlrnai.,. wclya.) IOs a lucI, ncr( 7 lm renlp( Ilaxkunl an< rwl. Ar< ae fpenm murrwfnilom) nsJ whi: eeLwa( ThjWhm rcperu). Thc: rylnd men ue Juminuul by Smw h Homo. Gzua( Usunnr nmcmir), OrcharJ Otun( Oncey/ d% lemon.,), ml AatuckY HW< X' as Ipvprmau4R There ue some wedad aM, bs Nu acur m the R4ReYbu[ ue au walk. y amcivul wim dm we: la J' Smne mciu feu, Jm dm ma me 11. n odu wilNw ltialu owmimla), Hnmm, onJ' s Wi1Ww( ti. JmuLnadixW nJ y< Ilnw wJlocr IS. lute.). Tolae 1 ahowa a wMlew lit.. ofplms acorn: ercd m the Roperry. The walm6an` uapvpah an proauily4) aomied Willi Lie baafu ads ad me avl< ly supp and by inpu fmn the wo[ erchN above and ditto taa4% 4 inside dm budding. I me hm Fxn pmirvaly AiamFal ref the vmtmeim Oilµ nani. m ofthe duFiwuu. m,d ourk am< iwd whh the mw, vnim 4fSnawnma Club Chde. The burin is aubfmdd to appmimam 4 feet from ILOb, iiLlint ekuiov nd appcon ro have been v hmnw uea fin nll. Wnnt ID< mitind amumai.¢,. H)d, d, rp is nmindnal by bmL m nrcmd cm: in, mJ now note wednnn. raa auama wda S endypiu wuedug by M1nd w dduwe: he edit. Nep: openY. Tho) aulla.( three oftm pits was reandd m the vatirc orrei tedaermimli, na,: a! ann. nwwhasi4 piu were tlyd iso' da io alai% atktcrnilwiw when tSacwua4+ ntim. Sodl a' voes. lI de nei fw was ta, ady wanly I V2. wi:L n, vubmely aeeP r4 Imria. r:x Shc cdnr rastd f, nvr IRYR S m SYH. 1R. Indr wctlwd, Rcc wan ecand Mm ahnlNw inmawiuuf–( LM,[ flto 1:u l incica nbaufaa. Soiku, dive u heal use was only with led. uel ma, d Naent. Dion. to lee wwa mid ruwaW w+l Cm. itiun wa R< an tba Il imLa. COLORADO WILDLIFE SCIENCE, LLC p. 22 Snowmass Townhouses Brush Creek Impact Report April 2008 Tei41. C. Olaan fwd ac Ik 5eonom CWbhaeer Mrtel V 1 LD BnIrmllBe Now Common Now IWcatur status I stwtmm 1 CamiuryYer WdP% doe OIL 11 7 Mnms m 7 Oem sn Zo al'li. H a Aurlmmsstl. lue Rar PAl' M' N 5 ] Hamm momis 6 vmmpm FAN H f Ifau" y Blmysr FAN H If 7 Wn w L' aaeuw PACIH a OovammophYmm• C. Amems FAC 0 Nairlwmeewr......_- COV Irdp IACV N 10 ms& wmira AVmh FAC 11 MIN 0ywL 1WlWraptwaHaaaemabhrmmP. qr NYir Uukh(' bea PA(' awr C*. ale M FA. 11 Omft 9c0 Cwaul FACW it 14 eelissmmSdo m0alm wjk. OBL B IS Rmmemll WWwJI Om.___. m COLORADO WILDLJFE SCIENCE. LLC P. 23 Snowmass Townhouses Brush Creek Impact Report Apri! 2008 ink KC• - 477 b! l I' Nen 1. Wi•\ 1i InnY m•i UW( 1•L Ilsu\<• rl(• i\ NIO ApwI. IlNittlla• b• Lti Mtl W COLORADO WILDLJFE SCIENCE, LLC p. 24 Snowmass Townhouses Brush Creek Impact Report Apnl 2008 r 7 nn.... s• vp+. 4 np. een. w w. wr. n. drys w sn.. n uuv COLORADO WILDLIFE SCIENCE, LLC p. 25 Snowmass Townhouses Brush Creek Impact Rep ad Apri12008 ICl% Tr Aw t lYNi W W w o rr.' W.. n COLORADO WILDLIFE SCIENCE, LLC P. 26 Snowmass Townhouses Brush Creek Impact Report Aort12008 APPENDIX B: Pinnacle Design Consulting Group Drainage & Erosion Plan COLORADO WILDLIFE SCIENCE,LLC p.27 Snowmass Townhouses Brush Creek Impact Report April 2008. r. wr m.s.® mvrowrnw Rlmr. an Q ravrr. rr cares v. al... ewvmrnrmv 8 Pv® Pry v. mw s © w.° vewL1w"° i. ter ersm rmrw ru. Pi. s. r M1wl O9 P0® CA © IrpYpCN MRYY( PIIIi6Y d. f[ mPMS.. rRQPF wA O I. wm mOPa rY. OI. PCGWn OJ rrw°... v M. ea' r y aa> APV rr. P rVSw, Rl. r. v° ePr aPr. ruPmsr, cora 0 rr- rn. P. wv Pr. rwr I PAR/ GPOPIPI/] MWr rr. aM. Irc./. QJ wcvmw mvrrrwv II w. P wa nr Plvslv rw © raMly vra° w. v s[rr rre rr.® Vr. O Co N; Jo J V V / a. S, SB1. 0/ U8 ST FLDOF 7981. 00 IF. GND a. Prwmr I 1 / LIMIT OF DISTURBANCE y POND li POTM_ 1 i o er o....,.... rwl., o. w... w.. m la...° ac.. m. mo... uo. c. FOR REVIEW 0- 11- 00 RM 4NM1 AOwYSS.. r_ GRMP Ja7. wONwlss arm aaat mnnwavts P N m PO COQ6 . IIA. O,IY. GPR.. LROO nuPP. aP arAUM LOeA & r: EROSIM CaVMa PL N PC2 OF 9 MIJoLWWIWW Sciff. LLfMM M M M M M M _ p. 2i Snowmass Townhouses Brush Creek Impact Reoort April 2008 APPENDIX C: CDOW NDIS ungulate seasonal activity area definitions ROCKY MOUNTAIN ELK HIGHWAY CROSSING:Those areas where elk movements traditionally cross roads, presenting potential conflicts between elk and motorists. MIGRATION CORRIDORS: A specific Mappable site through which large numbers of animals migrate and loss of which would change migration routes. OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of an elk population. PRODUCTION AREA: That part of the overall range of elk occupied by the females from May 15 to June 15 for calving. Only known areas are Mapped and this does not include all production areas for the DAU). RESIDENT POPULATION: An area used year-round by a population of elk. Individuals could be found in any part of the area at any time of the year,the area cannot be subdivided into seasonal ranges. It is most likely included within the overall range of the larger population. SEVERE WINTER: That part of the range of a species where 90 percent of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten.The winter of 1983- 84 is a goad example of a severe winter. SUMMER CONCENTRATION:Those areas where elk concentrate from mid-June through mid-August. High quality forage, security, and lack of disturbance are characteristics of these areas to meet the high energy demands of lactation, calf rearing,antler growth,and general preparation for the rigors of fall and winter. SUMMER RANGE: That part of the range of a species where 90% of the individuals are located between spring green-up and the first heavy snowfall, or during a site specific period of summer as defined for each DAU. Summer range is not necessarily exclusive of winter range;in some areas winter range and summer range may overlap. WINTER CONCENTRATION:That part of the winter range of a species where densities are at least 200%greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. WINTER RANGE: That part of the overall range of a species where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for each DAU. MULE DEER CONCENTRATION AREA:That part of the overall range where higher quality habitat supports significantly higher densities than surrounding areas. These areas are typically occupied year round and are not necessarily associated with a specific season.Includes rough break country, riparian areas,small drainages,and large areas of irrigated cropland. HIGHWAY CROSSING: Those areas where mule deer movements traditionally cross roads, presenting potential conflicts between mule deer and motorists. MIGRATION CORRIDORS: A specific Mappable site through which large numbers of animals migrate and loss of which would change migration routes. OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of a mule deer population. RESIDENT POPULATION: An area that provides year-round range for a population of mule deer. The resident mule deer use all of the area all year, it cannot be subdivided into seasonal ranges although it may be included within the overall range of the larger population. SEVERE WINTER:That part of the overall range where 90%of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. SUMMER RANGE:That part of the overall range where 90%of the individuals are located between spring green-up and the first heavy snowfall. Summer range is not necessarily exclusive of winter range', in some areas winter range and summer range may overlap. WINTER CONCENTRATION:That part of the winter range where densities are at least 200%greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. WINTER RANGE: That part of the overall range where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for each DAU. COLORADO WILDLIFE SCIENCE,LLC p.29 1 FAFenton Construction, Inc. 300 Snowmass Club Circle Construction Management Plan 1 Table of Contents: 1. Legal Address 2. Team Structure 3. Construction Schedule 4. Site Management Procedures a. Site Drainage, run off control b. Hour of Operation c. Noise and Lighting d. Traffic Control e. Manpower/Trade Analysis/Employee Parking f. Site Clean-up/Housekeeping g. Fencing and Protection/Staging Areas h. Safety i. Final Cleanup/Grading/Revegetation 5. Ongoing Coordination and Review by Town of Snowmass Village 1 67 North 3"Street Carbondale,CO 81623 w Phone: (970)704-2620 Fax; (970)704-0442 EULL7 G8Eex w",nJentonconstrnetion.net 1°'r'W14 1 FAFenton Construction, Inc. 1. Legal Address 300 Snowmass Club Circle Snowmass Village, CO 81615 Subdivision, Snowmass Club PUD Subdivision Lot#1 2. Team Structure The construction team will consist of the following: Owner o Mills Enterprises, LLC o S.R. Mills 0 4015 80th St Kenosha, WI 53142 262-842-0452 PH 262-842-0453 FX smills(@,bearrealty.com Planner o Stan Clauson Associates, Inc o Patrick Rawley 0 412 N Mill St Aspen, CO 81611 970-925-2323 PH 970-925-1628 FX patrick(@,scaplanning.com Architect Coggins-Stewart Construction, Inc. Travis Stewart 1175 County Road 154, Suite 102 Glenwood Springs, CO 81601 970.945.8463 PH 970.928.0796 FX travis(@,,cogeins-stewart.com General Contractor Fenton Construction Greg Woods, Project Manager 67N 3rd St Carbondale, CO 81623 970-704-2620 PH 970-704-0442 FX wgoods(a)fentonconstruct.com 67 North 3r°Street Carbondale,CO 81623 a.. Phone: (970)704-2620 Fax: (970)704-0442 ever cuE'Ev isIentonconstruction.net rvnr..... 1 O FAFenton Construction, Inc. 3. Construction Schedule: The total construction duration is anticipated to be 16 months. The following is a brief description of the phasing and durations. o Mobilization and site utility relocation—60 days o Excavation, forming and pouring footings& stemwalls, backfill—65 days o Underslab utility installation and pouring of interior floors—25 days o Steel erection, wall framing, roof decking, interior framing, roof dry-in 120 days o Rough in plumbing, electrical, telephone, cable, gas piping—45 days o HVAC rough in—25 days o Stone veneer, windows, wood siding installation—50 days o Insulation and drywall installation—30 days o Exterior grading and preparation and pouring of site concrete—25 days o Interior doors and trim installation—25 days o Painting, cabinetry installation, tile and marble installation, hardware installation—30 days o Electrical, HVAC, &plumbing trim—21 days o Carpeting Installation—7 days o Punch and final cleaning— 14 days o Final cleanup, irrigation& landscaping—20 days The above items in many cases occur concurrently. The above items are anticipated to be completed within a 16 month period. We anticipate the date of start of construction to be March 2009 with completion of construction in September 2010.00 4. Site Management Procedures: A. Site drainage/runoff control/ground water o All site drainage and run-off control will be conducted within the rules set forth by the Clean Water Act National Pollutant Discharge Elimination System (NPDES). The primary goal of our Best Management Practices is to protect Brush Creek. o Prior to the commencement of any construction on the site, Fenton Construction's project manager will meet with TOSV officials to review all aspects of the construction and detailed construction 67 North 3"Street 3 Carbondale,CO 81623 w Phone; (970)704-2620 I Fax: (970)704-0442 MALT GREET 11"I"entonconstruction.nel FAFenton Construction, Inc. management and best management plan measures proposed in this application that will be used on the site. Fenton Construction will take into consideration any request from TOSV with respect to other reasonable construction management actions that will further minimize the effects of construction on the environment and public roads. Fenton Construction will respond in writing to any request from TOSV, describing how it will implement measures suggested by TOSV or how it will resolve any potential problems identified by the Town staff. If the Town's staff does not find Fenton Construction's response is appropriate,the Town staff may schedule a meeting with the Town Council and Fenton Construction to resolve any differences. o Fenton Construction will agree to conduct a weekly inspection with the Town staff or, as agreed to by the Town staff, a review based on site performance of the contractor and determine the effectiveness of the best management practices. Fenton Construction also agrees to tmeetwiththeTownstaffaftereachlargestormwaterevent. Best Management Practices on-site will include: 1. Stormwater Diversion- Runoff shall be controlled and, if needed,diverted away from construction activities. The Town of Snowmass Village has the ability to require detention ponds during construction if actual field conditions support the need for them in order to further minimize the effects of construction on the environment and public roads. 2. Tree & Vegetation Protection- All trees and vegetation that will not be disturbed from construction will be protected prior to commencing construction by a temporary construction fence. 3. Handling and Spill Prevention- Where possible, materials will be stored and handled in covered areas to prevent contact with stormwater. Fenton Construction shall identify spills and containment and cleanup measures shall be taken. 4. Sediment and Erosion Prevention- Energy dissipating material, such as riprap,will be placed at stormwater outfalls to prevent erosion damage at Brush Creek's tributary. Silt fence, straw bales and other stormwater management measures shall be taken to preserve excessive soil erosion by wind or water. All excavated surfaces shall be maintained with adequate moisture to prevent wind erosion. Wash racks will be installed on-site to 67 North P"Street Carbondale,CO 81623 Phone: (970)704-2620 Fax: (970)704-0442 TrCMFN ri nxv.fentonconstruction.net FAFenton Construction, Inc. prevent mud from being tracked onto Snowmass Club Circle and Highline Road. 5. Other Pollution Prevention Measures-Remove trash and debris from site. Keep trash receptacles covered. Fenton Construction will provide one forty yard dumpster on site at all times for general trash waste. Fenton will also provide a bear proof trash enclosure for food waste throughout the course of construction. 1 6. Inspections will be made every week by Fenton Construction after a large stormwater event. Reports will be maintained. TOSV or owners rep will direct Fenton Construction to correct stormwater management measures within 24 hours of reporting. 7. In the event a complaint is received by the Town of Snowmass Village, notification will be forwarded immediately to Fenton Construction. If necessary, an on-site inspection will be arranged within 24 hours of the notice. Fenton Construction will provide the Town of Snowmass Village with specific actions that will be undertaken to ensure that the problem is corrected and is prevented from occurring again. 8. Fenton Construction will ensure that any mud tracked onto the public streets will be removed in a timely manner, which will be no more than four hours. Fenton Construction will use the best methods to remove mud from the public roads,which may include a street sweeper, broom or power washer depending on the situation. 9. Fenton Construction will hold a meeting with the Town immediately if and when ground water is encountered during the construction of the new building. The purpose of the meeting will be to ensure that appropriate designs and construction measures are used that will protect the surface and subsurface water from contamination from construction activities to the satisfaction of the Town. B. Hours of Operation This project has been scheduled to operate during normal working hours of 7:00 a.m. to 5:00 p.m. Monday through Saturday. Saturday work will be restricted to an"as needed" basis to make up for weather delays or to accelerate the schedule for the benefit of the project and surrounding community. 67 North 3"'Street 5 Carbondale,CO 81623 Phone: (970)704-2620 Fax: (970)704-0442 FUTUGaeev tN%iYAntonconstruction.nel 1 FAFenton Construction, Inc. C. Noise and Lighting I. Noise emanating from the site shall be required to meet the TOSV noise abatement standards found in the Building Code, Section 18-3 and in the Town Code Article VI, Section 10-101. 2. All exterior lighting utilized during construction of the building shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. D. Traffic Control Traffic control during construction of this project should be minimal. Demolition of the existing structure and excavation for the new building will require dump trucks to travel onto the site and haul materials from the site during excavation of the foundation. It is testimatedthatapproximately6trucksperhourwithmaximumpeaksof10trucksper hour would be moving materials to and from the site. Wash racks shall be utilized by Fenton Construction and thus street cleaning by skid steers will not need to be utilized during construction. Signage on Snowmass Club Circle will be installed to note "Trucks Turning" and other caution signage. A traffic control firm will be hired by the Fenton Construction to coordinate signage and traffic control. All signage and traffic control will be done as per the "Colorado Work Zone Best Practices Safety Guide"prepared by the Colorado Department of Transportation (CDOT) and regulations as set forth by CDOT. In addition, the "Model Traffic Code for Colorado Municipalities", 1977 edition as adopted in Chapter 8,Article 1 of the Home Rule Charter and code of the Town of Snowmass Village will also be adhered to. Before traffic control occurs on Snowmass Club Circle Fenton Construction and the traffic control firm will meet with the Snowmass Village Police Department to review the traffic control plan, including hours and days on which flagging/traffic control will occur. Seasonal Weight Limitations as set forth in Chapter 8, Article 1 of the Home Rule Charter and code of the Town of Snowmass Village shall be adhered to. Fenton Construction shall coordinate with the Town of Snowmass Village Public Works director in regards to the seasonal weight limitations and special permits. All construction traffic will be routed on Snowmass Club Circle to Highline Rd to Brush Creek Rd. Brush Creek Road is exempt from the seasonal weight limitations in 18-8 (1) (d). E. Manpower/Trade Analysis/Employee Parking 67 North 3rd Street Carbondale,CO 81623 w Phone: (970)704-2620 f i f Fax: (970)704-0442 eLUT GRMV W.fentonconstruction.net t 1 FAFenton Construction, Inc. It is estimated that no more than 50 workmen will be on-site during a peak construction period. 1. Limited parking will be available at the two unit development with parking spaces for the superintendent and project manager. Fenton Construction will require subcontractors to meet at their respective offices and commute to the intercept lot at the intersection of HW 82 and Brush Creek Road, or other location as determined by the Fenton Construction, in one or two vehicles per trade, keeping the impact on the lot to a minimum, averaging between 5-10 vehicles per day. There will be zero parking from construction traffic on the existing paved parking lot. Any construction related vehicles will be parked on the north side of the proposed building's auto court area and next to the adjacent construction fence boarder. (see attached Exhibit A. During special events like the X- Games or any music festivals,parking will be housed elsewhere. This action will reducg interaction between the construction personnel and the general public riding the buses. The construction vehicles will be parked in an area designated by RFTA and/or the City of Aspen Transportation Director,or the owner of the property to be parked on. Fenton Construction will report monthly to the City of Aspen and the Town of Snowmass Village and the parking area property owner regarding parking and transportation issues or concerns. 2. All deliveries of materials to the jobsite will be routed to the jobsite via Brush Creek Road to Highline Road and then into Snowmass Club Circle. Concrete trucks and gravel trucks will be coordinated via 2-way radio and cell phone so that excessive stacking does not occur in front of the Snowmass Club's parking lot. 3. Workmen will store tools and materials on-site within storage containers and job trailers for use on the project. Loading and unloading of tools will be coordinated by Fenton Construction and vehicles will then be parked at an off-site parking lot. F. Site Clean-up/Housekeeping The site shall be kept free of trash. Materials shall be stored on-site in an organized manner with coverings to prevent glare. Dumpsters shall be stored in the Construction Staging Area (See attached Exhibit A) and shall be covered to keep trash from blowing 67 North P street 7 Carbondale,CO 81623 Phone: (970)704-2620 1 Fax: (970)704-0442 BUILT GHEkN txxwdentonconstruction.net t VA FA Fenton Construction, Inc. on or off-site. Trash containers shall be hauled off-site as necessary. Dogs are prohibited in the construction areas on-site. G. Fencing and Protection/Staging Areas 8' tall chain link fencing shall be installed at the site to restrict access to the property as well as the construction staging area. This 8' chain link fencing will have a green mesh to aid in blocking views of the construction activity. A chain link gate will be installed to access the site from Snowmass Club Circle. H. Safety Pre-construction organization and safety meetings will be conducted by Fenton Construction. "Tail-gate" safety meetings and regularly scheduled safety meetings will be conducted by Fenton Construction as required by the U.S. Occupational Health and Safety Administration and company policy. Personal Protective Equipment for construction personnel and construction site visitors will be required during the entire duration of the construction project. I.Final Cleanup/Grading/Revegetation Before construction commences on the property, Fenton Construction will establish a limit of disturbance fence to protect pre-existing vegetation. This will be reviewed with the Town staff during the pre-construction meeting. To the extent that trees are damaged or removed in the construction staging area, Mills Enterprises, LLC will replace those trees in conformance with the landscaping plan upon completion of construction of the facility. To the degree that soil removed for construction of the new two unit development will be needed to grade the site in conformance with the proposed plans, the soil will be retained and stocked piled on the site where possible. The site final cleanup will occur during fall of 2010. The irrigation systems and landscaping will be installed during this time period. The construction staging area will be cleaned up during this time as well and the chain link fencing will be removed. The construction staging area will be graded to accommodate the new adjacent contours and gravel will be removed and hauled off-site. The disturbed construction staging area will be reseeded with the same mixture as utilized on the adjacent Snowmass Club property. This area will be maintained with the same care as other landscaping being installed for the project. Newly planted trees will be fenced to prevent damage. 67 Carbondale, Street Carbondale,,COC 81623 Phone: (970)704-2620 Far. (970)704-0442 BVXT WEN u nii'.it n toncon sl ruction.ne l 1p° 1 1 vn A Fenton Construction, Inc. 5. Ongoing Coordination and Review by Town of Snowmass Village Fenton Construction will produce a monthly report to the Town of Snowmass Village that will address the following regarding each item within this plan: A. Changes to item within the last 30 days or expected changes within the next 30 days. B. Attach stormwater management inspection and maintenance reports. C. Note any complaints from the public or the Town of Snowmass Village including dates, times and actions taken. Fenton Construction will make its best effort to work with the Town of Snowmass Village's efforts in the preparation of a comprehensive construction impacts mitigation program. Certain refinements, modifications, or amendments to the Construction Management Plan shall be allowed to be made in the future by the Town to mitigate impacts which were not apparent at the time of the application review. The Planning Director shall be authorized to require amendments to the plan as determined to be reasonable and necessary to mitigate an unforeseen impact. Fenton Construction shall either amend their plan accordingly or request that the Town of Snowmass Village Council review the matter for final determination. Fenton Construction will meet with the Town of Snowmass Village to further review reports or the Construction Management Plan as requested by the Town of Snowmass Village. END OF CONSTRUCTION MANAGEMENT PLAN Respectfully Submitted, Ov WWe Fenton Construction,Inc Project Manager 970)704-2620 Office 970)948-6483 Cell 67 North Jr'Street 9 Carbondale,CO 81623 Phone: (970)704-2620 A f Fax: (970)704-0442 etln.TGREW I"entonronstruetion.net 0al ..F. 1 FAFenton Construction, Inc. gwoods(Menton construct.com 1 67 North P Street to Carbondale,CO 81623 Phone: (970)704--2620 At Fax: (970)703-0442 BUR7 GBEEy i m%.fen to neon struction.net lull,'11°r cn r w- Y CONSTRUCTION PERIMETER FENCE o- _ 24Ely U t 1 1 cn O 1 EU 1 ug PORTA z POTTIES 1 NOW O 1 M R CYCLA LE T TRASH 1 1 F IEL R ECYCLAB E FFI TRASH rar: c/6044, eacw. I MATERIAL j STORAGE I I STAGING 4 I BEAR PRO TRASH CONTAI ER y 4 SCALE: 1/ 4" = 1= MANATGEMENTPLAN o• r s• 10• 14• EMER` GEN Y VEHICLE TIRE WASH SITE A LESS STATION EXHIBIT A 1 e, , 6 COMPARISON ANALYSIS OF SNOWMASS CLUB CIRCLE DUPLEX BUILDING ELEVATIONS, MASS, SCALE WITH ADJACENT COUNTRY CLUB TOWNHOMES ANDSNOWMASS VILLAS PLANS AT SAME 1/ 8" = 1" SCALE Prepared by TOSV Planning Department— October 1, 2009 38'- 0" MAX HEIGHT Partial outline of Country Club Townhomes north elevation overlaid at same 1/ 8" = 1" scale overlaid a IY ifGi i? t COLOR„ r,- 7COUNTRY CLUB CIRCLE DUPLEX LARGER PROFILE ( 10” V+ EXPOSURE) NATURAL SIDING FINISHED IN t co UNIT A t UNIT B zs+ nr err: srra sa: ee€ aa gezaYUra i.e.: e y' i-- — itee. nrau+. Z x t qtr • Y • e 3S.' u Il. ONRTH ELEVATION SYNTHETIC SHAKE ( RECYCLED TIRE) outline( E' WITH HIGH FIRE RATING MAX HEIGHT mirrored at same 1/ 8" V scale LARGER PROFILE ( 1(" EXPOSURE) NATURAL Ln n a, tl I! ' 4 iIC ' IIIIII LIi_ IIII I` CN QDCN UNIT B J— G— N- 1T A COUNTRY CIRCLE DUPLEX ELEVATION r r B ' F ) 38'- 01' ' f"' HE HT Outline of Snowmass Villas west elevation mirrored at same 1/ 8" = 1' scale Lr 1 Ln o i 00 r„ N Iam ATU L ST NE UNIT A U N— IT- B REDUCED TO SCALE. V811 COUNTRY CLUB CIRCLE DUPLEX EAST ELEVATION -' ASAWMAqkS 4' 6' Portion of Snowmass Villas south elevation overlaid SYNTHETIC SHAKE ( RECYCLED TIRE) WITH HIGH FIRE RATING Portion of Country Club Townhomes south elevation QF JM W 5 r_ 4jtCii . l4 . ; 1( 11111 li • NATURALSTONE rr...- w r ri Y ir rrr. .\. i. r UNIT B UNIT A,./( ! A i-4 T i Yr9+ 1 • L - C` . .. ran __--__. 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CFSE :. 3.:.: Y.:i VITA < .. moYY , Y>._. i i RECEIVED OCT 0 7 2009 onuwniass vwage Community Development STONEBRIDGE CONDOMINIUMS MINOR PUD ADMENDMENT APPLICATION STONEBRIDGE CONDOMINIUMS MINOR PUD ADMENDMENT APPLICATION June 2009 AN APPLICATION FOR A MINOR PUD ADMENDENT TO THE STONEBRIDGE CONDOMINIUMS SUBMITTED BY: STONEBRIDGE CONDOMINIUM ASSOCIATION, INC 30 ANDERSON LANE SNOWMASS VILLAGE, CO 81615 970) 923-4323 PREPARED BY: THEODORE K GUY ASSOCIATES PC POB 1640 BASALT, CO 81621 970) 927-3167 December S, 2005 Mr. Chris Conrad Planning Director Town of Snowmass Village 130 Kearns Road Snowmass Village, CO 81615 Dear Mr. Conrad: Please consider this letter authorization for Theodore K. Guy Associates to represent us in the processing of our application for a minor amendment for the Stonebridge Condominiums project. Theodore K. Guy Associates is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Snicerely, r Scott R. Patterson General Manager SRP:pnn C. Sox 5990• S0 Anderson Lane • 5noh(r,,, s V 1a0e, Colorado 5 i800))---25 7 -• 9 0)-923-A'M, =AJ' f9-O) 523-2602 PROJECT DESCRIPTION: This application is an amendment to the PUD Ordinance no. 11, series of 2003. This purpose of this application is to propose making changes to the pool deck area, pool building, new ski storage room and adding a new pathway on the northeast corner of the property. Pool Building The current pool building consists of(1) two bedroom employee unit (rental), a men's bathroom and showers, a women's bathroom and showers, and mechanical space for pool equipment. The total building size is 1937 sq. ft. of which 1,065 sq. ft. is the two bedroom unit, as shown on drawing A0.3. The existing height of the pool building's flat roof is approximately 18'-2". The proposed plan is to demolish the existing building and replace with a new building containing men's and women's bathrooms, locker rooms, sauna and steam rooms, a massage therapy room, fitness center and (2) two bedroom employee rental units above (926 sq. ft each). The total building size is 4574 sq. ft. The proposed ridge height is 28'-4" above grade. The two new employee rental units will be deed restricted for use by employees of the Stonebridge Condominiums and will not be for sale. Based on section 16A-4-410 (Restricted Housing) the calculation for redevelopment requires 184.1 s.f. of new restricted housing(see below). The new net restricted housing provided is 1852 s.f. and exceeds the requirement by 603 s.f., achieving a community purpose per section (16a-5-300(c)(6)). With the two affordable units, the total number of units on site is 92. The maximum buildout for the Stonebridge Condominiums property is 102 units. Restricted Housing Calculation: 2176/1000 x .96) x 448 x 45% - (1065/1000 x .96) x 448 x 45% x 115% = 184 1065 s.f. of existing employee housing t 184 sf= 1249 sf total required. The pool facilities are controlled and owned by the Stonebridge Condominiums Association, and there is a shared use agreement with the Stonebridge Inn. The locker room, bathrooms, fitness area and pool would be available for guests of the Stonebridge Inn to use as well as the guests and owners of the Stonebridge Condominiums. The building will be staffed by one employee from 9 am to 6 pm. The proposed increase in roof height is for two reasons. The entrances to the housing units will be located off of the parking structure roof, which is 13'-5" above the pool deck, creating a taller roof plate height, and the roof is being changed from a flat roof to a pitched roof to fit in more with the existing architecture (16A-5-390(3)) and provide better quality living space. The new building, even with a taller roofline will not alter or decrease any significant views, due to its courtyard location in the center of much taller buildings. By rebuilding the building in the same location as the existing building, the project is consistent with the original PUD design and maintains most of the site's existing open space. (16A-5-390(3)) (16a-5-300(c)(6)) We believe that this new facility will enhance the guest's experience while in Snowmass, with the goal of retaining previous guests and attracting new guests to stay in Snowmass. Pool Deck The proposed plan for the pool deck area is to remove and replace the existing snowmelted concrete, remove one of the two existing inground spas and replace with a new higher capacity spa, create a bbq/grill area and add a gas fire pit. The existing pool itself would remain. New landscaping will be added to create some privacy and to act as a buffer between the residential units. The demolition and replacement of existing pool deck, and fence would result in the area of work to encroach on to the neighboring property "Stonebridge Inn" by several feet. We have obtained permission from 'Stonebridge Inn' to carry out this work, as it would result in an overall improvement for both properties (refer to letter of agreement). The new structures will not encroach on to the Inn's property. Base Village Connection In anticipation of a future connection to Base Village, this'project will improve the path for the owners as well as extend the public trail easement along the north side of the Stonebridge property. This will align public access through Stonebridge to within 100' of the west side of Base Village. This portion of the project will include creating a new covered stairway from the Stonebridge parking deck to grade and a snowmelted pathway to the northeast corner of the 900 Building, leaving room for ski back access to the Lichenhearth. Parking The complex has essentially a 100% short-term rental rate and high turnover. There are a total of 98 existing parking spaces (see parking plan), of which 90 spaces are dedicated to the 90 individual units. Two of the remaining spaces will be dedicated to the two employee units and will be located in the covered 600 building garage (see plan) and the remaining six are for admin/employee parking. For times when there are additional spaces required for guests, they are directed to parking in the public lots on Snowmelt Road. The development has ski-in ski-out access and is also served by public transportation. Ski Storage The purpose of the ski storage building is to provide a place for guests to store their skis and snowboards, adjacent to the ski slope, without having to carry them down hallways and stairways. The building will be used during winter months. One attendant will man the ski storage building from 8am to 6pm. The proposed size of the building is I V x 25' or 275 s.f. The proposed structure for the ski storage building is to be located adjacent to the north face of the 600 building, recessed into the sloping grade to minimize its appearance. It will not affect any views. epzrm 45 TM TIC, poMBUXDNG51¢ D SHEET I4FORPOM pES' N PROPOSED BI- M 600 o 1w 146 it11 CA5TN6C,9, pc,h 700BUILDING E) OOBUILDING Most*- 1005uILvNC, SIOSTNr VAFAC- F Pup120MINUI- A cPANSIoN CEIVEDsnowmassWy [) eveloPmen aefl commun E# C MENT T GO LlrHENHE# P- T" Stonebridge Condominiums Parking Management Plan 8/24/09 The property contains 98 parking spaces, of which 90 are dedicated to the 90 units. There will be 2 spaces dedicated to the 2 new employee units and the remaining 6 spaces are dedicated for the administration employees. There is approximately 2038 s.f. of office space for the administration employees, resulting in a ratio of 1 space per 340 s.f. On occasion when parking is at capacity, the guests are sold parking passes for the overflow lots. Not all of the owners opt in to the rental program so during most times the staff is able to temporarily assign guests to park in the owners spaces that are not in town. In addition, the Stonebridge uses a shuttle van to transport guests and owners to the airport resulting in many units not needing a parking space. The Stonebridge also provides bus passes for its housekeeping and maintenance staff as a employee benefit. UPDATED STONEBRIDGE CONDOMINIUMS PLANNED UNIT DEVELOPMENT GUIDE Bold represents changes) Zone District:Multi-family (MF) Maximum FAR: 0.84 (zone district Dim. Lim. = 0.75) Minimum Lot Area:149,411 SF (3.43 acres) Maximum Height of Principal Building: 52 feet (zone district Dim. Lim. = 38') Maximum Height of Accessory Building: 28'-4" feet (zone district Dim. Lim. = 18 Feet) Minimum Lot Area per Unit: 778 Square Feet (Zone District Dim. Lim. _ 1500 SF/Unit + 500 SF/Additional Bedroom) Permitted Uses: Multi-family residential, accessory uses including manager's unit and office, cleaning and laundry services, private recreational facilities and private common open space, public trials (via public easements), employee housing, accessory buildings, home occupation, surface parking commonly-owned above and below grade parking, and ski trail Minimum % Open Space: 25% Parking:98 spaces: 1 space per unit plus 6 for admin. 1. Number of units and type (1 BR, 2BR, etc.) per building and total. Building 1BR 2BR 3BR 4BR Pool Building 2 Building 600 16 6 Building 700 20 5 Building 800 20 4 Building 900 14 5 Total 40 11 30 11 Total units: 92 Total allowed: 102 Total BR: 192 BR 2. Typical square footage,of each type of unit. 1 BR 798 s.f. 2 BR 1233 s.f. 3 BR 1395 s.f. 4 BR 1950 s.f. 3. Approx. % of each building footprint that exceeds 38'. Building 600 38,479 SF area exceeding 38' ht 33,862 SF 88% Building 700 25,596 SF area exceeding 38' ht 16,637 SF 66% Building 800 25,224 SF area exceeding 38' ht 13,369 SF 53% Building 900 33,534 SF area exceeding 38' ht 30.181 SF 90% Total: 122,833 SF Total exceeding 38' ht 94,049 SF 77% of total footprint 4. SF breakdown of all uses in the building in the following categories: Building 600 FAR a. stairs (1st level) 459 b. condos 35424 c. halls/lobbies 1917 d. roof o/h > 4' 442 Accessory Uses a. laundry 1145 Non-FAR a. mech. 544 b. storage 914 c. stairs above first level 1320 Building 700 FAR a. stairs (1st level) 261 b. condos 21489 c. halls/lobbies 4210 d. roof o/h > 4' 275 Non-FAR a. elev. 465 b. mech 1075 c. storage 2429 d. stairs above first level 404 Building 800 FAR a. condos 20897 b. halls/lobbies 1791 Accessory Uses a. administration 3397 Building 900 FAR a. stairs (151 level) 369 b. condos 30669 c. halls/lobbies 1917 d. roof o/h > 4' 342 Accessory Uses a. laundry 1145 Non-FAR a. mech. 544 b. storage 914 c. stairs above first level 1320 Recreation Buildings FAR a. recreation uses 2305 Non-FAR a. Restricted Housing 1853 b. Pool Equip Mech. 416 c. Ski Storage 275 All Buildings Totals FAR a. stairs (15f level) 1089 b. condos 108479 c. halls/lobbies 9835 d. roof o/h > 4' 1059 Accessory Uses a. laundry 2290 b. admin. 3397 c. Recreation Uses 2305 Non-FAR a. elev. 465 b. mech. 2579 c. storage 4532 d. stairs above first level 2957 e. Restricted Housing 1853 DE T AIL: 600 5UILDIN2 PARKING Designated parking spaces for employee Units O I O O O re m N ! n D .CI01cU' Lo (D O 0 c0 CO cD cD .[O y D O T a O E w. TO BUILDINIIG W V W I O V OO UJ W M N a a OOS` a BURLINGAME LANE Access to 600 parking PARKING LOT UNDER COVER PARKING FOR EXTRA CARS FOR 600 BUILDING CABANA JACUZZI z 600 SAUNAS W BUILDING C)0 LF JACUZZI POOL m PARKING LOT W FOR EXTRA CARS z 0 Q SKI LOCKERS STONEBRIDGE N O IIIIIII CONDOMINIUMS w 00 BUILDING z i N After-hours 800 Entry BUILDING 900 Check In BUILDING Lobby bu Uz a NO PARKING d „ 1 ANDERSON 0 LANE z 9 TO LOWER LEVEL DETAIL: UPPER DECK PARKING DETAIL: LOWER LEVEL PARKING -"B" LEVEL N jL0 LL'1 117 N M r V N (") G) D) In r N r7 O_ O O N f`. R CO N M O I InCl) l 0) I O I O) I Parking O) O)I n t` t` t` N N N (h O N N N N fV N N N .2 N N O) O) O) m m O Q) W 00 O c0 c] W co r- a` uU 0 O N J O v 0 m a 0 Ornrn n a m n n n n r. w n 1011 10,11ONMNto er,- N O O r r <- r N O r r ,2 W N W W N f` co m 00 00 00 00 0.7 00 n r r o. a` SI10 «7 I\T t7 T LLAGE I\ AP n To Dtv7de Perking Lot Krabloonik Restaurant and Kennels Campground Lift(no bus service) Top of the Village Upper Snowme Gatehouse Road Timberline Snowmess Conference Center wood Aspen wood Interlude Guest Parking\ Wildwood Inn Sonnenbnck Snownriess grillage Mali Sllvenree Hotel E 1\J Mall Shuttle Stop Snowmass a Mall oVillage Bus station g a Guest Parking Mountain Chalet D I Bank]Branch Shadowbrook QGuest p I Terracehouse Parkin g© Creekslde Burlingame Pokolodl Woodrun V 0 ® o°Snowmass inn Palisades Woodrun Place I V) v Brush Creek To Wood Run t t\ ';m Snowmelt Carriageway Woodrun V Homes C"G'I Road/The Willows Stonebridge Inn STONEBRIDGE COWDOMINIUMS 4`')Wood Lichenhearth RoRoaadd Tamarack Brush Creek Woodrun V Phase 3 / Elk Camp Road Day Skier Bus StopChamonixJGondola Parking Lot A Crestwood Enclave J Conoco Station Parking Lot C Snowmass Center Snowmass;Ski Corp g Off Lots Post Grocery Office/Bank/Police toll/ Recta i Store/RestaurantParkinglot8GroceryStore/Restaurant Snowmass Medical Clinic Assay HIII Pedestrian&Ski Bridge Parking Lot D Faraway Road C Woodbridge The Ridge To Ridge Run Q Owl Creek Road Fire Station l Anderson Ranch The Snowmass Company 300 CARRIAGE WAY•PO Box 5008•SNOWMASs VILLAGE,CO 81615 970)923-2420•(800) 922-7242•FAx_(970)923-5889 www.smnebridgcinn6m 5/18/09 1 Scott Patterson 5tonebridge I Condominiums 30 Anderson Cane Snowmass Village, CO 81615 Dear Scott; y You Have permission from The!Stonebridge Inn toitear up the 5tonebridge.Condominium/inn pool deck that is on The 5tonebridge Inn'Is property;for the purposes of reconstructing the cabana kiuilding. It is understood.tbattne deck will be returned to'its original or an improved condition. Please don't hesitate to contact me with any further inquirie's... , Sincere) , Steve Santo o General ang f I i.distinctive experience provided by Destinceion Hotel-o:Resorts. ASFEN MATH (UK)-BERKSNIRI (UK) •BOSTON' CHARLESTON.CHARLOTTE'COLORADO SPRINDS.DENVER .JACKSON HOLE• LONDON(UK) MAVI NEW YORK. PALM COAST•PALM DESERT,PHOENIX-SAN DIEGO•EnN FRANCISCO• :II01121I.SS VILLAGE• SPP.INDFIELD•SUNRIVER'TEMPI•VAIL-M'ASNINS'ON DC IN 15r I4.:ES lIRw^iinpilOie iE.EORY Lichenhearth Condominium Association, Inc. Post Office Box 5505 Snowmass Village, CO 81615 NOV 0 20[18 Scott Patterson, Manager 1201 White Oak Court Stonebridge Condominiums Ft. Collins, CO 80525 30 Anderson Lane Nov. 6, 2008 P.O. Box 5990 Snowmass Village, CO 81615 Dear Scott, This is to reconfirm that the Lichenhearth Board agrees with the plan to install stairs down the steep slope from the ski-back trail to the Base Village Plaza. As I mentioned to you in an October 10, 2008 email,we think that the steps are needed for the safety of people going down to the Plaza to access the lifts from the west or for any other reason. Some of Lichenhearth owners complained last year that they slipped or fell going down that steep slope. Again, our Board thinks steps are quite important for the safety and convenience in accessing the Plaza from the west. Sinc r e L oyd C. elper, Presid t Lichenhearth Condominium Assn. Cc:Mark Stout, Manager Lichenhearth Condominiums r : iE age managed by village Property Management•(Y70)9234350 L November 6,2009 Mr. Scott Patterson GUY ASMCIATE(;pj Stonebridge Condominiums P.O. Box 5990 30 Anderson Lane Snowmass Village, Colorado, 81615 Dear Scott, The Stonebrid-e Condominium Association has permission to construct a set of steel stairs on the South West comer of the Treehouse on Aspen Skiing Company property as drawn by Ted Guy and Associates. Construction must take place without negatively impacting the operations of the Trcehouse or the ski area. Regards, Steve Sewell Snowmass Mountain Manager D.Box L248 Aspen,CC 8LM-L248 970.025-I220 km rlcEa Lend T.'de Associe-icn Convml=n;—Modified 3/78 COMIi'1TI'MENT FOR TITLE NSUR INCE ISSUED BY STEWART TITLE GUA.PUNTY COM?ANY Order Number: 41466 STEWART TITLE GUARANTY COMPANY, a Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore, all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Cownritment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. The Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for Shall issue, whichever first occurs, provided that the failure to issue such policy or p6licies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it beats an authorized Countersignature. IN WTINESS WHEEREOP, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Sehedule A. STEWART TITLE GUARANTY COMPANY Loop C6ninal of %to vvM w= PimidvvC 19118 'a 16 \„ Countersigned: Authorized Countersignature Srewan Tirle of Aspen,Inc. 620 East Hopkins Avenue Aspen,CO 81611 970)925-3577 Order Nrutnber: 41466 Ps e i of 2 Commiv=t for Tide Inserance 3/76 COAU\fll IZRI'B'OR TIT—1-3,!N2UL-A-R-CL; SCIMDULE A 1. Effectire Date: July 1, 2003 at 7:30 a.m. Ordcr Rumber: 41,166 2. Policy or Policies To Be Issued: X) ALTA(1992)Owner's Policy Amount: TO BE DETERMMD X) Standard ( )Extended Premium: Proposed Insured: To Be Determined ALTA 1992 Loan Policy Amount: Standard( )Extended Premium: 3. The estate or Interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the ef€ccttve date hereof vested in: Stoncbridge Condominium Association,Inc., a Colorado corporation not for profit 5. The land referred to in this Commitment is described as follows. See "Exhibit A"attached hereto Sts:temont of aarges Examiner-Name: Chuck Dom Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. Ii:IiII-ttT"=" Parcel 1: A parcel of land being part of Tract No. 45 and being located in Sections 1 and 2, Township 10 South, Range 85 West of the Sixth Principal Meridian and situated in West Village and the second addition to West Village, Town of Snoumzass Village, Pitkin County, Colorado described as follows: Beginning at a point being the Southeast Corner of the Stonebridge Inn Expansion as described in Book 329 at Page 136 PiWn County records: whence the Southwest Comer of said Section 1 bears South 03'39'41"West 1,693.54 feet; thence along the easterly line of said Stonebridge Inn Expansion as follows; North 30'20'I8"East 154.64 feet; North 59'39'42"West 64.47 feet; North 30020119"East 154.87 feet; North 59939'42"East 52.07 feet; South 86'13' West 24.54 feet along a curve to the right whose radius is 246.52 feet a distance of 51.63 feet (chord bears North 87'47'00"West 51.54 feet; thence North 08'13' East 10.00 feet; thence along a curve to the left whose radius is 81.92 feet a distance of 45.01 feet (chord bears North 82028'30"East 44.45 feet); thence North 66044' East 127.94 feet; thence along a curve to the left whose radius is 39.00 feet a distance of 36,48 feet(chord bears South 86'28' East 35,17 feet); thence South 59039'42"East 65.50 feet; thence South 79005' East 123,50 feet; thence South 57'55' East 161.00 feet; thence South 36100 West 466.65 fret; thence North 59039'42" West 218.75 feet; thence along a curve to the right whose radius is 432.27 feet a distance of 34.45 feet(chord bears North 57'22'43"West 34.44 feet)to the point of.Beginning. Parcel II: A parcel of land surrounding the Stonebridge Condorniniums swum=' g pool situated in the Town of Snowmass Village,Pitkin County,Colorado described as follows: Beginning at a point being the Northeast Corner of the Stonebridge cabana building whence the Southwest Comer of Section 1,Township 10 South,Range 86 West of the Sixth Principal Meridian brass cap in place)bears South 06'48'42"West 1,756.33 feet; thence North 61148' West 18.15 feet along the North side of the cabana building; thence South 28059'12"West 1.30 feet along the North side of the cabana building; thence North 60'36'34"West 47.99 feet along the North side of the cabana building; thence North 29 023'26°East 4.49 feet to an existing fence; thence North 60'36'00"West 26.07 feet along an existing fence; thence North 29012'37"East 55.12 feet along an existing fence; thence South 58'51'53"East 97.43 f et along an existin;fence; thence South 13'42'48"East 16.18 feet along an existing fence; thence South 26'24'08" West 1037 feet along sn existing fence•, at S 1Cn L o nF Y-,st clYi y _ •. CunL"iCe OLi._J 1 lE'-;w \-aL L-t.S,/ icc:_ __. thence South 76°4 7"W I West 11.74 feet a I c 2'B,, thence South 02`10'16"West 2,60!:et to the Point c:°ezinning. 4 Excepting therefrom Stonebridge Condominium Buildings I, II,III, and n'recorded December 23, 1969 in Plat Book 4 at Page 40 as Reception No, 135453. SC;iEDULE L— Sectaaa 1 UQUIREMENTS Order ATumber: 41466 The following are the requirements to be complied Mth: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured, Item (b) Proper instruments) creating the estate or interest to be insured must be executed and My filed for record,to wif: SCTi)1D>:1ZE-B —u ecL'oa E_XCEPTIO NS Order Number: 41466 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1, Fights or claims of parties in possession,not shown by the public records. 2. Basements, or claims of easements,not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furbished, imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adverse claims or outer matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof,but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commi6'nent. 6. Unpatented tniaing claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Eight of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 30, 1917 in Book 55 at Page 545 as Reception No. 78454. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 30, 1917 in Book 55 at Page 545 as Reception No. 75454. 10, Reservations,restrictions, obligations and iiens for assessments as contained in General Declaration for West Village Snowmass•at•Aspen Area recorded June 1, 1967 in Book 227 at Page 186 as Reception No. 127530 which contain a forfeiture or reverter clause and as amended in Second Addition Declaration recorded December 27, 1966 in Book 238 at Page 413 as Reception No. 133542 and Amendment thereto recorded August 16, 1974 in Book 290 at Page 259 as Reception No. 169464. 11. 411 oil, gas and o`u r n'nnerals of } nawrc whatcoe,er,n, ore or untier t,e Gub4c t frc.ierty i_^ £i! water rights associated with appurtenant thereto as reserved to American Corporation in- Deed recorded August 16, 1974 in Book 290 at Page 270 as Reception No. 169465, urith the limitation that there shall be no right to enter upon the surface of the subject property for the purpose of removing such minerals or for any other purpose in connection with such resenation and shall not impair the subjacent support of said properly by exercise of any rights in connection with such reservation. 12. Easements,restrictions and limitations, which contain a forfeiture or reverter clause, as contained in Deed from Snowiness American Corporation recorded December 23, 1969 in Book 245 at Page 222 as Reception No. 138451. 13. Terms, conditions, obligations and restrictions as contained in Easement Agreements between Snowmass American Corporation and Snowmass Water and Sanitation District recorded April 22, 1971 in Book 254 at Page 831 as Reception No. 145287 and in instrument recorded September 28, 1971 in Book 258 at Page I64 as Reception No, 147716. 14. Terms, conditions, obligations, provisions and restrictions as contained in Condominium Declaration for Stonebridge Condominiums,recorded December 23, 1969 in Book 245 at Page 228 as Reception No. 138454 and as amended by First Amendment recorded Octobcr 23, 1974 in Book 292 at Page 50I as Reception No. 170856 and as amended by Affidavit and Second Amendment recorded February 26, 1982 in Book 422 at Page 674 as Reception No. 239504. 15. Terms, conditions, obligations and provisions of Notice of Decision Administrative Modification as set forth in instrument recorded August 1, 2001 as Reception No.457098, 16, Easements, rights of way and other matters as shown and contained on Condominium Maps of Stonebridge Condominiums recorded December 23, 1967 in Plat Book 4 at Page 40 as Reception No, 135453. NOTE: Colorado Division of Insurance Regulations 3.5-1, Paragraph C of.Article VII requires that Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title ctitity conducts the closing and is responsible for recording or filing of legal doetiments resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will Bat appear on the Owner's Title Policy and the Lender's Policy when issued. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said teens, conditions and exclusions,will be made available upon request. DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a Special Taxing District; B. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County Treasurer's authorized agent; C. Information regarding Special Districts and the boundaries of such districts may b e obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Colorado Division of Insurance Regulations 3.5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen,Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit, B. No labor or materials have been furnished by mechariics or materialmen for purposes of consmrction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain eonstmetion information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for.or agreed to pay, NIOTHTNG HFFXIN CONTAINTE.D WILL HE DEEMED TO OBLIGATE, THE COUPARY TO PROVDE ANY OF THE COVERAGES REFERRED, TO 13ERELR UNTTLESS THE ABOVE CONDTTTONIS .ARE FMLY SATISFIED. ryi ie Number. 41466 S10yar:Titic nfAspcn,Jnc. Diadosu7:5 Pege t of 1 r PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Tide V of the Gramm-Leach-Bliley Act(GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you,such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about out customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this infdnnation about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banidng, consumer finance, securities and insurance. Nan-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL WFORMATION ABOUT YOU WITH ANYONE FOP.ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW, We restrict access to nonpublic personal information about you to those employees who need to lmow that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number 41466 Stewart Title of.kspen,int. Pmaey Policy Notice Page 1 of I Anericen .,eno Title Association Commi[men[-l000: ' 10/73 It i.; tx,u.es_ c -.i az..ae -.:s3. b ..t..= s_-_ a.p@ r s mot' COIA[VilTMENT FOR TITLE INSURANCE r,t ISSUED BY STEWART " I "n . GUARANTY COMPANY a.•,i; 1 . Cpl yn Ix STEWART TITLE GUARANTY COM RANYx A Teaas,CorpoNation, herein called the Company, for tt6 valuable consideration, hereby commits464isstue.its poiic,/,*.;policies ottitle insurance, as identified in Schedule A,in favor of the proposed lyr slJred nAamedp n Sc'hedy,le-A, a .o ner or mortgagee of the estate 'or interest covered hereby in the landdescritled oEr reieirred tot in Sc ule A, upon payment of the premiums and charges therefor;alll sutijectt fib,prodisyons-of Scheda les nd B and to the Conditions r and Stipulations hereof. WHIT, JAR a 1 This Commitment shall be effectivve only en th end as oq he proposed Insured and the amount b of the policy or policies co m...... d„for'hhaaveybeen Ins m in 5ohedule A hereof by the Company,tti J* either at the time of the issuance of Commltmetrt orb rsubsequent endorsement. 1. 1i_I This Commitment is preliminary toy,e su anc eo`f-such ol cy.or policies of title insurance and all a liability and obligations hereunder shall• e e an r minate"stxsmonths after the effective date hereof, or when the policy olicies com titr"shall issue Whchever first occurs, provided that the a WM e Ifailuretoissuesuchlicyorpoitciesf, + e faultofathe-Company. This Commitment shall not be 7p r fia y c aly[ valid or binding until c ntersigned by an author¢edofficee oriagent. IN WITNESS WHEREO t Compannhasd th s Commitment to be signed and sealed, to become valid when counte ed by an aLmhorized qffleer;or,,agent of the Company, all in accordance with its By-Laws This Commitment iseffecttvsasofttl erda(e shown iriScheduleAas"Effective Date." 111111.n x S T V-3"' a' Xg-RI+' y3°/ 7'k'1iI';$.E 1''. 4e Pdvx" ' " q `J A num`ryLtetsuChairmanoftheBoaraaP.°,R4k I President tl y. c a u ntersi n b aSs' `""' G{/r/'// 5lF3C PS'x 0-t r( y 1"Fa amcm,4.aNN •4'° q Authorized Signatorye.': /. ncrim n i Cau!n<r:HA^} Su Compeny STLWAR I I I I Lt OF ASPEN, IN0. h-}Ta 602 E. HYMAN r , city,State ° i, ' r' 303) 425.3577 M, i k i Serial No. N 601- 1 4 3 1 V a }V Vt 165 25M 7-67 t rn.1 SCHEDULE A Order Number: 1 R8 Commitment Number: 1. Effective date: f13rrL'I's ;ii, 1983 Ai: R:00 A. F+i. 2. Policy or Policies to be issued: Amount of Insurance Premium A. ALTA Owner's Policy s 25,000 .00 287.00 Proposed Insured: Stonebridge Condominium As_ociation B. ALTA Loan Policy Proposed Insured: C. 3.The estate or interest in the land described or referred-to In this commitment and covered herein is fee simple and i tle thereto is at the effective date hereof vested in: Snowwass Resort fissocia'tion, Inc. , previousl, known as nest village .Association i 4. The land referred to in this commitment is described as follows: See Attached Exhibit " i I 1 SCHEDULE B — Section 1 Order Numbe1,15 Rt.= Commitment Number: Requirements The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or, interest to be insured must be executed and duly filed for record, to wit:. 1 . Fvidence satisfactory to Stewart- Title Guaranty Company, furnished by the Office of the Town Manaaer, Town of SnowMass Village, that the real estate transfer :tax, pursuant to To—.m Council Ordinance No. S (Series. of 19861 , has been. paid., or that c- nveyance is exempt from said tax. need, executed by the appropriate .corporate offi n "I _ Of Snonmass Resort Aesociatioa, Inc. , conv ying.. fee _ Cleo the purchaser(s) , STEWART TITLE c»Inca oron gene C GTr{Y!vTV name a vv SCHEDULE B — Section 2 Exceptions Order Number: 15u8. Commitment Number: The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right.to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. An_y and all unpaid taxes and assessments and any unredeemed tax sales, 7. The affect of inclusions in arty general or spe is water conservancy, fire protection, sof onservation r other district or inclusion in any orate rvice . cr st_ et improvement area. 8. Right of the .propriet r of a vein o lode to extract and remove his ore therefrom, sho I the same b found to pcnetrate .or intersect a premises a eby granted, as reserved in United States Patent rec r ed January 1917 in Book 55 at Page 545 as Reception No. 78454. 9. Right of way for ditches or canals constructed by the authority of the United S t s, as reserved in United Stages Patent recorded January 30, 1 in Book 55 at Page 545 as Reception No. 78454, 10. Reservations, restrictions, obligations and liens for assessments as contained in General Declaration for blest Village Snowmass-at- Aspen Area recorded June 1 , 1967 in Book 227 at Page 186 as Reception No. 127530 which contain a forfeiture or reverter clause and as amended in Second Addition Declaration recorded December 27, 1968 in Book 238 at Page 413 as Reception No, 133542 and Amendment thereto recorded August 16, 1974 in Book 290 at Page 259 as Receptions No. 269464. 11. All oil , gas eM other minerals of any nature whatsoever in, on or under the subject property and all water rights associated with appurtenant thereto as reserved to Snowmass American Corvoration in Deed recorded August 16, 1974 in Book 290 at Page 270 as Reception No. 169465, with the limitation that there shall be no right to enter upon the surface of the subject property for the purpose of removing such Minerals or for any other purpose in connection with such reservation and shall not impair the subjacent support of said property by exercise of any rights in connection with such reservation. See Continuation Page Exceptions numbered are hereby omitted. Page 4 STEWART TITLE i__, r T*l o t MTV nnu s.WW k CONTINUATION SHEET SCHEDULE_, gectgon ? Order Number: 1F885 Commitment Number: 12, Fasewents , restrictions and limitations, 1567hich contain a forfeiture or reverter clause, as contained in Deed from Snowmass American Corporation recorded December. 2: , 1969 in Book 245 at Page 222 as Receptioni No. 138451 . x 13 . Terms. conditions , oblic.rations and restrictions aE contained in Easement Agreements between Snowmass American Corporation and Snowmass V Water and Sanitation District recorded April 22, 1971 in Book 254 at Page 831 as Reception No. 145287 and in instrument recorded September 28, 1971 in Book 258 at Page 164 as Reception No. 147716. 9 L4. Terms , conditions, restrictions and obliga kn as contained in Condominium Declaration for Stonebridge Cc'n iums, recorded December 23, 1959 in 8aok 245 at Fage 228. aeptfon No. 233454 and as amended by First Amendment recorded er 23, 1974 in Book 7-92 at Page 501 as Reception Nb:856 and as lended by Affidavit nd Szcond Amenflment recorded Feh p 26, 1982 in 'took 422 at age 674 as. Reception No. 23950, NOTE: Policies Ensued tsereunder wi be subject to the terms, conditions , and ex eius s set forth the ALTA 1937 Policy form. Copies of Lhe Z9 7 o Policy' Jacket , setting forth said terms, conditions a sclusions, will be made available upon request, Ir f5 age i CONTINUATION SHEET SCHEDULE ?-NO.4 Order Number:lyEoq Commitment Number: Exhibit "A" P. parcel of land surrounding the STONEBRIDGE CONDOMINIUMS swimming pool together with the pool equipment & and all associated appurtenances situated in the Town of Snowmass Village, Pitkin County, Colorado described as follows: Beginning at a point being the northeast corner of the Stonebridge cabana building whence the Southwest corner of Section 1, Township 10 South, Range 86 West, 6th P.M. (brass cap in place) bears S06 048'42" W 1756. 33 feet; Thence N6.1 000 '48" W 18. 15 feet along the North side of the cabana building; I Thence 328959 '12" W 1. 30 feet along the . 11orfh side of the cabana building; . Thence N60 036' 34" W 47.99 feet along the Nor side of the cabana building; Thence N29923 '26" E 4.4'9 feet to an existing fe ce; Thence N6-0 036' 00" W 26. 07 feet al al existing ence; Thence N29912 ` 379 E 55. 12 feet aio existing fence; Thence 358 051 ' 53" E. 97.43 feet aloe existing fence; Thence 513042' 48" E 16.18 feet along n existing fence; Thence 826°24 ' 08" W 10. feet along existing fence; Thence S51°1£ '44" W ,24•:, eet along. an, existing ,fence;. Thence S76047 ' 3-6" . W 11. 74 t along an .existing fence; Thence S02°10 ' 16" N .2.60 to the point of beginning. (Note this descripL ' excludes. t cabana building) County of P.itki State of Colorado I Page STEWART TITLE F CONDITIONS AND STIPULATIONS a 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall'disclose such. knowledge to the Company, or:. if„the Company, otherwise acquires actual knowledge of any.sbch'defect; lien encurribrarice, adverse claim or other matter, the ' Company at its option may amend' Schedule B ' of this' Commitment accordingly, but such amendment shall. not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committedfor and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply*with the requirements t hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or 1. create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in.Schedule A for the policy or policies committed fo'r and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form:of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4, Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured f mortgage covered hereby or any action asserting such' claim, shall be restricted to gib the provisions and Conditions and Stipulations of this Commitment. 4' GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O, Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SERIAL NUM- BER which appears on the bottom of the front of the first page of this commitment. o....- C Fd•f-.. :P:, ..:7:?G. . 'P.7r. :::.....: l:Ji.r7: i•t_...eot oi TOWN OFSNOWMASS VELLAGE TRAIL EASE-RENT THIS EASENIENT is made on /du v.s" /S 2003 and is granted by Stonebridge Condominium Association ("Grantor") to the Town of Snowmass Village, Colorado (the "Town"). For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Easement. Grantor hereby grants to the Town a non-exclusive easement, hereinafter referred to as the "Trail Easement" or "Easement" over and across the real property located in Pitkin County, Colorado, which Easement consists of Easement A, Easement B and Easement C, each of which are more particularly described on Exhibit A" attached hereto and incorporated herein and which are depicted on Exhibit 'B" attached hereto and incorporated herein. The Easement is for use by members of the public strictly as a trail for pedestrian purposes. The Town shall be permitted to make improvements to the Easement only to the extent required for drainage, safety and maintenance of the trail,No other improvements by the Town(e.g., lighting, etc.) shall be permitted. While the Easement rums through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the Town. No other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express Or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement, Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the Town or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. The Easement is granted subject to all existing easements, restrictions and covenants of record. Notwithstanding anything to the contrary herein, the Town recognizes that Grantor may from time-to-time be engaged in construction on its property and that use of the Easement during construction is potentially dangerous and likely to be disruptive to Grantor. Therefore, Grantor shall have the right to temporarily close the Easement from time-to-time when Grantor reasonably determines that use of the Easement will potentially conflict with Grantor's construction activities. 2. Easernrerst UdUzation. This Easement is solely for use as a trail for pedestrian purposes by the public. No equestrian activities, bicycling or motor vehicles shall be permitted on the Easement, except that motor vehicles may be used to the extent necessary from time to time for the construction and maintenance of the trail or for emergency vehicles when necessary. The °rant of _he easement, as described herein, shall be strictly construed. 3. Maintenance, Hold harmless and Insurance. The parties expressly aclmowledge that the Easement is granted for a "recreational purpose" under, and Grantor is entitled to the benefits, protection and limitations on liability afforded by Colorado law governing recreational easements, including, but not limited to, Colorado Revised 'Stature 5 33-41-101, et seq., as amended. By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify the Town or any member of the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Easement, due to the condition of the trail or otherwise. 4. Right to Reioca£e. Grantor retains the right to relocate the Easement and/or the trail located therein, at its sole expense and with the prior written approval of the Town as to relocation, procedure and method of reconstruction of the public trail, which approval by the Town shall not be unreasonably withheld as long as the proposed relocation and reconstruction serve the purposes of the Tovm, as expressed herein, to the same reasonable extent as this Easement. 5. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and Town, or their respective successors and assigns, as applicable, 6, Notices. Any notices given pur attt to the terms of this Easement shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assign, as applicable, as long as prior written notice of the change of address has been given to the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Stonebridge Condominium Association P.O. Box 5990 Snowmass Village, Colorado 81615 Attn: Scott Patterson, General Manager With a copy to: Chris LaCroix,Esq. Garfield& Hecht, P-C. 601 E. Hyman Avenue Aspen, Colorado 81611 Town: Town of Snowmass Village P.O. Box 5010 Snowmass Village, Colorado 81615 7 nY Y• ..urt ,,..VYYYI I IWII YVI{CGIIVY l.JI1VVJ LI V24i4V V4 ru• ruW• • i err Atm: Town Manager and Town Attorney 7. Venue. Grantor and Town agree that this Easement is made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pithin County, Colorado. 8. Enforcement. Each of Grantor and the Town shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Easement. The failure of a party to insist upon the performance of any provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future, of any such provision. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this easement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 9. Term. The term of this easement shall be permanent and perpetual, so long as the Town shall comply with the terms, provisions and conditions set forth herein. 10. Successors and Assigns. All the provisions of this easement, including the benefits and burdens created thereby, shall run with the land and be binding upon all persons who hereafter acquire any interest in the property described in Exhibit "A", whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be binding upon the parties hereto. their heirs, successors, assigns and personal representatives. CRA.NTOR: STONEBRIDGE CONDOM MN ASSOCIATION y: Print Name: Title: FIRM 1 D aLrr TOWN: TO OF SNOW LAGE, COIrOP.ADO By: kis D. Mic ael Segrest, own Manager ATTEST: Print N i p Town Clerl: 3 STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing Ea pent was acknowledged before me this / ") day of 2003 by aL rlQ. sL , asst e. ,r/o . -- of St ebndge Condominium Association. Witness my hand and offici seal. . My commission expires: k Notary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing Easement was acknowledged before me this day of 204 by D. Michael Segrest, Town Manager of the Town of Snowmass V age. 3 Witness my hand and officia seal. My commission expires: is 4 5K' JJ'h e ter Notary Public F.DoNw` 6p,RGIA. 0 4 r. .r ....• rtr. •Ii Y.i Jui.0 V.iV4L VJI,ur I4(.L JtrYYY r err. ... ... EASEMEN • A A PUBLIC PEDESTRIAN EASEMENT AN EASEMENT LOCATED IN SECTION 1&2 TI OS, R85 W OF THE 6T" P.M. AND SITUATED IN THE WEST VILLAGE AND 2""' ADDITION TO THE WEST VILLAGE, TOWN OF SNOWMASS VILLAGE, PITKIN COUNTY, STATE OF COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT WHICH BEARS S59 039'42°E 17.47 FEET TO A ANGLE POINT ON THE WESTERN BOUNDARY LINE OF THE STONEBRIDGE CONDOMINIUMS AND SHOWN ON EXHIBIT ATTACHED HERETO. THENCE N 16 010'17° E, 40.19 FEET; THENCE N 04 020'02" E, 26.69 FEET; THENCE S66°44'00° W, 8.97 FEET; THENCE S 04 000'17" W, 20.89 FEET; THENCE S 16 010'17" W, 38.17 FEET; THENCE S 59 039'42" E, 8.25 FEET; TO THE POINT OF BEGINNING CONTAINING 501.20 SQ FT+l-. L EXHIBIT A Page 1 of 6 l l'L1-L4VL VY•VI MITI flvm-OIVI\6Giiwu= l•'iwvV I UeEiLVU6 1-V44 I .VVVf III I \•J w Z ' w Z z w - z cn Q. w 3p20,02,t ON 69'92 00 T1,O TO 9tN CZ] a 3A-Z-LO -ON 3' T'ot°SIN 0) Q F-- z w w U Q lw EXHIBIT A Page 2 of 6 nP,PLC—<UUt UC.u NIT, NU.N':Iv%W;llj= WIWUb FIVi LSf I+VE r 4l VUir Vi. , ,.< A PUBLIC PEDESTRIAN EASEMENT AN EASEMENT LOCATED IN SECTION 1&2 T1OS, R85 W OF THE 6TH P.M. AND SITUATED IN THE WEST VILLAGE AND 2N"ADDITION TO THE WEST VILLAGE, TOWN OF SNOWMASS VILLAGE, PITKIN COUNTY, STATE OF COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS N30 620'18"E 50.23 FEET TO A ANGLE POINT ON THE WESTERN BOUNDARY LINE OF THE STONEBRIDGE CONDOMINIUMS AND SHOWN ON EXHIBIT ATTACHED HERETO. THENCE S 06 006'22" E, 5.56 FEET; THENCE S 16 614'24" W, 22.26 FEET; THENCE S 30 020'18"W, 15.07 FEET; THENCE S 10 015'44" W, 41.89 FEET; THENCE S 07°36'15" E, 11.03 FEET; THENCE S 18°41'22" W. 15.79 FEET; THENCE N 59 039'42" W, 8.17 FEET; THENCE N 18 941'22" E, 12.27 FEET; THENCE N 07 036'15" W, 10.42 FEET; THENCE N 10°15'44" E, 44.54 FEET; THENCE N 30 020'18" E, 15.50 FEET; THENCE N 16 014'24" E, 3.00 FEET; THENCE N 30°20'18" E, 24.17 FEET; TO THE POINT OF BEGINNING CONTAINING 806.95 SO FT EXHIBITA Page 3 of 6 i . ... ..... ri.•r•YIII I .V.I r•.V.uVI IV4.. YJI\V4.: sl Vw6i•LV UL I r6\ i V4ul rli I L eaoros N Id06'06'22'W 5.56' 392••bt 9 N la0`a 0 OeS .Q®£ G8iti TN W07'36'I5'W 3, y t6 y-¢ b`,yts•s% 1t.03' 64 b7 °tkvF. ri M,bb,ST.OIS 10.42'' Q:lrS07°36'15°E v z I,S.tb etS W U) r w L`' w N 4 w EXHIBIT R Page 4 of 6 Yr uu ..rr. vi..11.11 rrKU rr V114Y1.l Yr:L VVIrYVV I VS4LV VL r 4L• r Vr.rr ulr I e EASEMENT 0 A PUBLIC PEDESTRIAN EASEMENT AN EASEMENT LOCATED IN SECTION 1&2 T1oS, R85 W OF THE 6T" P.M. AND SITUATED IN THE WEST VILLAGE AND 2N°ADDITION TO THE WEST VILLAGE, TOWN OF SNOWMASS VILLAGE, PITKIN COUNTY, STATE OF COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT WHICH BEARS 813°26'46"W 85.77 FEET TO A ANGLE POINT ON THE WESTERN BOUNDARY LINE OF THE STONEBRIDGE CONDOMINIUMS AND SHOWN ON EXHIBIT ATTACHED HERETO, THENCE N81 049'06"E 39.67 FEET; THENCE S69 633'47"E 14.68 FEET; THENCE S59 039'42"E 66.87 FEET; THENCE S79005'DDr'E 145.56 FEET; THENCE N 57 055'00"W 22.16 FEET; THENCE N 79 605'00"W 123.53 FEET; THENCE N 59°39'42"W 66.19 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 39.0 FEET; CENTRAL ANGLE OF 53 035'37" AND A CHORD BEARING OF N86 028'00"W FOR 35.17 FEET. THENCE S 66 044'00" W, 24.11 FEET; TO THE POINT OF BEGINNING' CONTAINING 1937.80 SQ FT+I-. EXHIBIT R Page 5 of 6 o z C3 i L A` Z c EASEMENT TIE LINE 391+ 7' SaF4@g s& l• 4Y05" d dg' Q e C4g sgr¢ F EASEIAENT " C' l'° f 4 S 2 H S7 9`pS f4TS CURVE TABLE CURV£ Radius LENGTHI Delta I Chord Dir Chord r G3 39. 00 1 36. 40 53' 35' 37' I f406. 20' 00' W 35. 17 2 m R3 rn p Cz STONEBRIDGE a.E 9 9• CONDOS A e• c . Gb• 0.4 - f " - EASEMENT i om3s"' ea S 9' QS' QO• g KEY MAP r r r IETS r/ CURVE TA E e I CLRVE I Rorbus LENGTH slta Chord Ur Chord Ct 93227 34. 53 4' 9358' S,l• 22' 43' E 94. 41 CE 39 34A8 Bras n• NB6• EB' 00• N 9317 r c N 3- ep p 03 JgSSIP. PLANNING APPROVAL, ISSUE# 30 05.2-1.Oq THEODORE K GUY ASSOCIATES PG STONEBRIDGE CONDOMINIUMS EXPANSION- PHASE II I GARCH)TECTSENSINE S" OWMAG5, COLORADOSTRUCTURALENGINEERS V.O.WX 1640 19]60 tt10 R MS ROAD BASi.LT,COLC 61621 PNGNE f9lOf 92-9161 P"(9l )921.4619 a uA y ,YPCIy k ! dE tl oiP K 4 o n3 bPP ] a ySq n c mgP7p ° m > l' Yiit'2 Y:: a a P3 S1 T 6b Lwij k"iob= 1 a5iuu— <. b zoos NNPA fi ll TEAM MEMBERS: ALL l,W S 3N V ee OR[ P TNR H T E AR IHT d = DZZ31 ` QU H 2 C n l y}F!'^.. i t ai, ' idg dre ,' r '" n' o\•r i r l ' \Y' ;I c nth h./' r' I.II 7, `' r•, R.e 3 — D Y. i. V, 'l FV r i PA'° p9g rR 9 R u 1` r; " r'r I\`1°'``•L\' n''`. t.;' PSI 3g3q g n N a t tole yLEg a y!G ` 1 R4Yr t$ ! J' / /l till It i'—r —_ ` 995€ \` I I ' :,I' /ti3' Vr r' q„ "l,ieYn{`` z t,,`,Y C, t; '_ f-;- ate___.--_.= S> '- , f M I I €y l1//!! 'S:' /, / F1 3 Oil 9p aIP Inn vvv le It A'11 41 If If I It 7ZI It 61 Sal It It It IF nd c4) 03 KY 4- 6 IL Kra k\ co F. A. R. GA! OULATIONS MAIN LEVEL Fa_:<. GALGL' L=. TIONS UPF' E:< LEVEL: Ge\ LGULATIONS 5UIL71N6 TOTAL_: G, LOULA.. I IONS AJDITIO_ N.-, L 50Uk= = 00IA.& M.- 1N L=`/'_ L G40 TOTAL = r21+ D- MOB 4 :_ D PGCL BVILDINCIS= 029 t U=°_< L=`!--_ LC- R05= TOTAL 1 PROPOSED BUILDING TGTAL= FA. R.- TOT. t= 2 05 PAR TcT,.!= 1852. 6 1 At- T. OTI Ll Nom^+= F= 2656. 1 A5E° IATES PG BIIILDMG- . TI: = D 15. 1 ARCHITEGTS AND NON - FA. R. SPACE: STRUCTURAL EN6INEER5 ME: ANL' , L 1 :^' ROCh1= i-li PD. BOX IWO Ei P. TCii AL 19B BIUWLi CQLRALV' Dlbl F. A. R. CALCULATIONS BUILDING FOOTPRINT: PNOKC t* 1a alalti UAMTDRIAL 3i A[( tn) fIh. D1D U?? ER LEVEL GROSS TGTAL= 1852, 6 XIS T MG POOL&/ ILDIN6 FOOT? RINT= I%a%`- P NON - FAR.- GI AL= ? 1E Kcr Plµ PROP05- J7 POOL BUILDING FOOTPRINT= :-- 1 sF MAIN LEVEL CGRO' S TOTAL= . 2- 121 POOL BUILDING FOOTPRINT INCREASE = 1459 SF ( OR 215%) 1 i • i I MLCHANIL/ 1 ROP+ I 7 u1 Prs>= J 1 T 11 . l I . , . . r . , . .-- { . nA$$ I6F ae t- I. . ... NwrlLUS /. I I i i . i r w+ M1^ 1 Two r-nsc o i STONEBRIDGE Im CONDOM INUM L----------------- J EXPANSION I PHASE II penr:cNCKm: TKD rwrtm sr-w. MAIN LEVEL PLAN FA. RAO. 1 TRWf.: 1P? xRD K DV.' F. A. R. CALCULATIONS MAIN - V= L: F. A.. R. GAL A. TON5 UPPER LEVEL L A F 3U : I A A. TEZ FOO IA& E: Nm- i WJ i5A- 1A) MAIN LEVEL 6F; OSe 10- 1 5ULDIN55- uNr=: C3ED 15A-. 41. 9369 UFP= R LEVEL GROSS TOTAL m lafz= PROPOSED allIL61NC-, TOTAL FAR TOTAL = THEODORE K ( 5L) Y 2505 1852. 6 BUILVIN& AL 4511B.- I TOTAL NEY4 5F= ASeO- IATE5 PG NON - F. A. R. S- PACE, ARCHITEr- T5 AND STRUCTURAL ENGINEERS E-- JIF. TOTAL 195 1VNrGRIFINON - A.R. F - TO TAL. 1& UPPER L=- VEL GROSS TOTAL 155. 2. 6 Anne ralo)• m- 916' 1 FEY P_ H1 MAIN LEVEL 6RO55 TOTAL= 2121 EllIo 112 ElE1. 0,i . . LJ Ll 5TONEBRIP& E C- ONPOMINUM F- XFAN51ONA55UPPER LEVEL UPPER LEVEL PLAN PLAN - FAR 44V v 1/ 4"= V- 0* AO. 2 F. A. R. rA. LGULA T ICN5 RES- 10ENTIAL: F. A. R. r- ALOJLATIONS R= GK= ATION:_ N5N VNR= i(__ 1SAiH)= RE R:1. TIGN RCGM. 1 N9' UNR r( L- ED 13=. Tr1J= 3e THEODORE K GUY 7Ci AL NEW Rs17EN T4. L= 15, 2. 6 M'c; i1ANIGAJmui" .^ I!. E1eM- A550GIATES PG SiORAGC= v=M? E)* S NS FE5EEN. tA = 10655F ARGHRETS AND TOTAL NB^ I FZZ= GRFATION = 2505 SF 5TRUGTURAL egr' NEERS NETS NEN R'-_S' DENTAL 5G_= T5i 5F EY. L& RE F.' TICK• 612 SP Pa. eox 16<0 9760. TO PMAS rtOW N_ i NEVI 4E. REATION'. a^_= 1- 33 SP eN r, rvlsn mss rAK TYJ) aV" 1< DU6l 4T PJl1 vr+.+.. .. anuN.•.• u el...: rv: • v J ::.+._ .. J.n. n_ r... rc.v:.:. Y f c'.d . vn':.Y. esr.v W- o-w* f.l n.,_. a " wr.." . r. ... Y.. :., rv*a..: Y rvry. n': FY... n XR. ' rv:v_!. a vv... t+.. v yl../ I P% STwb PGOL MM d4 I: I ECiINMfNI' ROCa S I. t I I I I a' 6TMb Ygn9i5 NEYV DRLV IN6 RODM. ` E% GTN6 HENS' I L[a' KEA. RIXTy t La' K6t FLdN I MAN LEVEL I i LLI EX5Td6 f y 1 EXISTIN6 GROUND LEVEL PLAN 1 V<'. 1' O 176] 5P RO BE OEMOLISNS) v., re EGNbRS. nw nww mmr v7w+ n.+ r• e mw.+ HALL. I tNN6 RaOM ft f uPPaz PLOOR I III "" I e rtaO., n STONEBRIDOEGONDOMINUMEXPAN51ONPHASE 0SNOYVHPSS. 6.N r.: ec. xo: Mb rrtNrtn: vaa 6.. uc AREA EXISTIN6POOLHCU5E - FA. R as vmm. aa w.. Y< EXISTING UPPER LEVEL Pt-.&, NO. RO eE DeN0.£ iNEOI ccr. rsur. r. racane c euT O O O O m n ry v m n S N O W M A S S VILLAGE M A P THEODORE K GUY EMPLO" EE HOUSING P550GIATE5 PG PARKING ARCHITECT5 AND STRUCT' VRAL ENGNEER5 Q) 9] LOTMtl RMJtS ROb y To Dlvlde Parking Lot o eras Krabloon1k Restaurant end Kennels rN`I ' L I Campground Litt 1no bus service) Top of the Village Upper Snowme Gatehouse Road I Timberline Snowmass Conference Center LaurelwoodAspenwood uesl Parkin Wildwood Inn Interlude G Sonnenhlick Snowmass Vllage Mall J5PA Z Slivenrae Hotel 6 Mall Shuttle Stop Station Z nOVPmaSS Vllage Wiall Bus o• Guest Parking 600 W Mountain Chalet t 1 1a , Guest r BanWBranch BLDG Shadowbrook i Parking Creekside Teadowbruse 5pA POOL Q Burlingame ' Pokolodl m Woodrum V 7\ 0 f m Snowmass Inn z O Woodmn Place ( PalisadesBrush Creek J 5KI LOCKERS N To Wood Run m STONE$ RIDGE Carriagewayillow Woodrun V Homes Road/ elm— The Willows CONDOh41NIUM5 W Stonebridge Inn Z l00 o STONEBRIDGECONDOMINIUMSLichenheanh LDRoad Bru Creek Tamarack Woodrum V Phase 3 Elk Camp Road Day Skier Bus Stop Gondol Chamonix I Parking LotA Crestwood 4' 900 800 Enclave Conoco Station BLDG BLDG Snowmass Center Parking Lot C Post office/ Bank/ Police Center Snowmass Ski Corp Offices Grocery Store/ Restaurant Parking Lot B Snowmass Merld Clinic Assay Hill Pedestrian& Ski Bridge Parking Lot D Faraway ^' 5 Road Y 2ca Istbe ANDER50NLANE Woodbridge The Ridge FVp CS TO LOl^ GR LEVEL Ru 0 48te To Ridge Run n STONEBRIDGE Owl Creek GONDOMINUM Road EXPANSION Fire Station o PHASE II m N m ry m m ry m rn m to ry m Q 0 0 ry m N N IN r r a IN . o SNOWMA55 ry ry m V' m T m ry ry ry ry ry ry N m Q d) dV 0 ry ry ry ry ry > ry ry t CONTEXT MAP AOO op T IS 6 6 6 lT 6 6 IT i Anderson Ranch r r r r 6' c0 dJ d) tD c0 d) Q r i r r o' The Snowmass Company 1/ 68y- rca ry EXI5TING PARKING PLAV AND m t p o p r r- Or CONTEXT MAP 0 ry ry 6 IF:- o 7 p 0 a- dJ cA r CO CO r r= r T= r ryQm d O Om nrtnm rymtnm Ip QIQ) QI r r Q cif Q 0 ff 4 dD d1 d1 rry- t' r ? > NORTH 0. CD c011 d) r r r L EXI5TIN5 PARKING LAYOUT LGTTR1611r TXfOJ.' JRL k WY 5'' rMP3! L OO . THEODORE K GUY A55 GIATE5 PG AROHIfECT5 AND E% SiWb PeRK1N5 6. 4RASE STRUCTURAL ENGINEERS OPEN eG B. ONti re. eox, wo TJlno T'tl W. Tt9 162 OPEN SPN: E ON ROOF IILDING$ TO m Bina+ eT(* lolcolartim; Ib] I nF. a LSHFD FA ( l10) 5T- b19 EXISTING FOOL BUILDWG M RTO SHEET 1. Nom' MANN O$ HEET1eFOF 600 RAN OF NtOP05ED PODL BUILDING E! STMv TH PECK 5FA T O SPAS ea EK 5TINb 6R 165COIcRED 0 CO TYARD d o_ p O O 00 X00 a 5UILDING g a 500BUILDING 0 0 WATER METT3¢ Fi=.J^ 02 MANHOLE 900BUILDING bAS METER T TELEPHONE MANHOLE FIRE HYDRANT ELECTRK. MANHOLE 4RiCING O O Y ELECTRIC TRANSFORMER ENTRANCE O 0 O TELEPHONE PoSER NJDITCANAL O DK PARKING EfELONi) O X X WOOD RNL rnn•. e_ _.. r.. a bsmb. a 5^ 5TNR z u c METH. FENCE AA01 DEGDIA). 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T j t sue.: I yP` a1 l V f• 11. . 7 Stonebridge Condominiums Proposed Exterior Facade Materials Stucco & Stone) Stonebridge Condominiums Composition Roof Shingle