Loading...
01-20-09 Town Council Packeti I of N#4L SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA TUESDAY, JANUARY 20, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE— ITEMS COULD START EARLIER OR LATER THAN THEIR STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: REVIEW OF COUNTRY CLUB TOWN HOMES RENOVATION DISCUSSION FROM OCTOBER 1. 2007 Time: 15 minutes) ACTION REQUESTED OF COUNCIL: Approve request by deed restricted homeowners to eliminate the condition placed by Council on this financial assistance to replace the windows in the deed restricted units. Russell Forrest.................................................Page 1 (TAB A) Item No.S: 2009 BUDGET CONTINGENCY PLAN Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Review occupancy reports and provide input on Contingency Plan Marianne Rakowski............................................Page 10 (TAB B) Item No. 6: CONTINUATION OF PUBLIC HEARING - SNOWMASS CENTER: THE PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT. Time: 15 minutes) ACTION REQUESTED OF COUNCIL: Consideration of request for continuance of the Public Hearing. Jim Wahlstrom............................................................Page 25 (TAB C) Item No. 7: FIRST READING OF ORDINANCE NO. 2, SERIES OF 2009 CONCERNING A MINOR PUD AMENDMENT REGARDING BASE VILLAGE BUILDING 8 Time: 2.0 hours) ACTION REQUESTED OF COUNCIL: Approve, modify, or deny the first reading of the ordinance. Jim Wahlstrom/Chris Conrad................................Page 29 (TAB D) Item No. 8: PUBLIC HEARING SECOND READING OF ORDINANCE NO. 77. SERIES OF 2008 Time: 15 minutes) BUILDING 13B, BASE VILLAGE PUD 01-20-09 TC Page 2 of 2 ACTION REQUESTED OF COUNCIL: Approve second reading, modify or deny Ordinance No. 17, Series of 2008 (Tabled from January 5`h, 2009) Chris Conrad......................................................Page 92 (TAB E) Item No. 9: MANAGER'S REPORT Time: 10 minutes) Russell Forrest ...................................................Page 105 (TAB F) Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 109 (TAB G) Item No. 11: APPROVAL OF MEETING MINUTES FOR: DECEMBER 1, 2008 AND JANUARY 5, 2009 Page 111 (TAB H) Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 129 (TAB 1) Item No. 13: EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss two items: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24-6-402(4)(e) and Snowmass Village Municipal Code Section 2- 45(c)(5); and b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Item No. 14: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 3 hours and 55 minutes excluding items 1-3 and 10-14) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. If the Meeting ends before 9:00 p.m.) MEMORANDUM TO: Snowmass Village Town Council FROM: Housing Department/Russ Forrest, Town Manager DATE: January 20, 2009 SUBJECT: Country Club Town homes Purpose and Actions Requested of Council: Attached is the memorandum presented to Council on October 1, 2007 regarding a request from the deed restricted homeowners of Country Club Townhomes for the Town to help pay for an approved Home Owners Association special assessment. The Country Club Townhomes proposed and is currently carrying out an exterior renovation to all their dwelling units. The Council agreed to help pay for approximately 75 percent of the proposed special assessment as outlined in the memorandum from October 1, 2007. The Council also required that new energy efficient windows be installed as a condition of this financial assistance. On December 1, 2008, representatives of the deed-restricted homeowners of Country Club Townhomes requested that the Town Council remove its condition of replacing the windows. The last matrix at the end of the attached Memorandum shows the current price of the windows compared to the original price represented to the homeowners in October of 2007. The rational for this requests was that the cost of the windows increased significantly and that the windows were no longer as energy efficient as originally represented. There are 11 deed- restricted units and 83 free market units in the Country Club Townhomes. Attachment: Memorandum from October 1, 2007 P:\MANAGER.XSC\Memos\COUNTRYCLUBTOWNHOMES\Country dubtovmhomes.doc MEMORANDUM TO:Snowmass Village Town Council FROM: Doug Mercatoris, Mayor DATE: October 1, 2007 SUBJECT: Country Club Townhomes Renovation discussion and request for subsidy to assist funding deed restricted unit renovations. I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Discussion and request for a Housing Excise Tax Fund subsidy to assist the Country Club deed restricted homeowners with their renovation expense obligation. If this subsidy is approved the Housing Department will need Council approval to add a portion (25%) of the renovation expense paid by the homeowner onto the resale price of the unit.. Council will also need to discuss the Town's payment schedule if the subsidy is approved. II. SUMMARY OF DESCRIPTION The Country club Townhome owners recently voted to approve an exterior renovation plan with an estimated cost of $13,765,000. The Town has 11 deed-restricted units mixed with 83 free market units in this complex. All 11 of these units voted against the special assessment. The approved renovations are unaffordable for the owners of the deed-restricted units. These renovation expenses ranges from $78,890.00 to $96,977.00 per unit and the current housing guidelines do not allow these expenses to be added to the resale price. I have met with most of the deed restricted homeowners to discuss the renovations and I have heard their concerns about the affordability of living in these units. The magnitude of this renovation assessment may force our current owners to move out unless the Town of Snowmass Village offers some financial assistance. I have told the homeowners that I will propose a 75% renovation subsidy from the Housing Excise Tax Fund to the Town Council. The remaining 25% of the renovation expense will be paid by the homeowner and this portion of the renovation expense will be added to the resale price with Council approval. I In addition to the basic renovation package I believe the Town should split the optional window replacement package to reduce future energy consumption. The window replacement subsidy will support the goal of making the Town's employee housing more energy efficient. The window replacement packages have a price range of $10,423 to 13,672 for the deed-restricted units. The total subsidy for the renovations and the window-package is 861,620.00 and this includes $110,649 for the renovation of Country Club Unit # 60 our Town owned unit. The four renovation payments are due in January and July of both 2008 and 2009. If the renovation subsidy is approved the Country Club Townhomes deed restricted owners have requested for the Town to pay the first three payments and they will pay the last payment. They have requested the final payment to allow additional time for some owners to secure a loan for the renovation assessment. III. Attachments Attachment 1-.Country Club Towhomes Renovation Assessment Estimate Attachment 2 - Country Club Townhomes Renovation Options Attachment 3 - Housing Department Country Club Townhomes Renovation summary Attachment 4 - TOSV Proposed 2008 Excise Tax Fund Budget Summary Attachment 1 COUNTRY CLUBTOWNHOMES Page 1 of 1 RENOVATION ASSESSMENT ESTIMATE UNIT Heated UNIT RENOVATION UNIT Heated UNIT RENOVATION Scl Ft ASSESSMENT Sq Ft ASSESSMENT 1 2,666 1.3216% 170,513 46 2,145 0.9891% 127,617 2 2,212 1.0200% 131,603 47 2,320 1.0698% 138,028 3 2340 1.0790% 139,218 48 2,145 0.9891% 127617 r.a.:.3,0:6.1i1'065= yiSF$7.8;890r!R! 49 2,943 1.3571% 175094 50 2,792 1.2874% 168,040 6 2,320 1.0698% 138,028 l 51 2,375 1.0952% 142,943 7 2542 1.1722% 151236 I+l 52 1,738 0.8014% 104604 8 2,866 1.3216% 170,513 1) 53 1,738 0.8014% 104,604 9 2,145 0.9891% 127,617 I 54 2,375 1.0952% 142,943 10 2,360 . 1.0882% 140408 55 2,804 1.2930% 168,763 11 2,570 1.1851% 152,902 58 2,592 1.19520/6 154211 12 2,584 1.1915% 153,735 1~7'59275 7- ,-7 51"630 Wv 0i75;18gdaa?'? $r,-x$96 977 i,:a 13 2,145 0.9891% 127,617 f1's;60 77,"T 11,630," .a4:r0:7516%,'&d ti 4 F$96'977M^ 1 14 2 320 1.0698% 138 028 61 1,3261 0.6114% 78,890 15 2-15-42- 1.1722% 151 236 62,,,, h,27d`:1-328a 16 2,866 1.3216% 170,513 63 1,326 0.6114% 78,890 17 2,145 0.9891% 127,617 64 2,320 1.0698% 138,028 18`- :: 711,630 '0:7516 0/W'.'" -;:'$96;977* 65 2,866 1.32160% 170,513 r-19:- t•4=x-.Ti630: OiZ5.16.%? " "; :$9697,7.0 d"]a h+ 66 2,914 1.3437% 175,383 20 2,320 1.0698% 138,028 67 2,279 1.0509% 137,165 21 2320 1.0698% 138028 68 2,279 1.05090/6 137,165 22 2,866 1.32160/ 170,513 l+l 69 2,911 1 1.3423% 175,203 23 2,542 1.1722% 151,236 70 2,6901 1.3326% 173,939 24 2,145 0.9891% 127,617 71 2,2791 1.0509% 137,165 X25 ' %":'1°8301 e'-`:'0.-7516%z.;;,: •?'. -k$96,9771-rF'S< 1 72 2,279 1.0509% 137165 r 28 T '"s YLi`3261 k 9'?Ot61l14% : '` t"r $78189W,Yv 73 2 907 143405% 174,962 27 1,326 1 0.6114% 78,890 74/75 5,229 2.4112% 314,715 128 Q 5i 4 i1 326 F^` 06174.% 14 2'°iX$l8,890"i`iP 76 1,780 0.8208% 107132 29;i1326i X016114°/n1S,: ;T+";$78;8@0 i ' I 77 1,738 0.8014% 104,604 30 2,542 1.1722% 151236 i) 78 2,375 1.0952% 142,943 31 2,945 1.3580% 175213 t) 79 2,792 1.2874% 168,040 32 2,320 1.0698% 138,028 tl 80 2,901 1.3377% 174601 33 2,145 0.9891% 127,617 81 2 279 1.0509% 137,165 34 2,145 0.9891% 127,617 1) 82/83 4,402 2.0299% 264,941 35 2,592 1.1952% 154,211 1) 84 1,914 0.88260/. 115,197 36 2,592 1.1952% 154 211 1) 85 2,884 1.3299°/ 173,578 37 2,320 1.0698% 138,028 1) 86 3,074 1.4175% 185,013 38 2,320 1.0698% 138,028 1) 87 2,432 1.1214% 146,373 39 2,145 0.9891% 127,617 1) 88 2,941 1 1.35620% 177,008 40 2,866 1.3216% 170,513 1) 89 2894 143345% 174,179 41 2,592 1.1952°/ 154,211 90/91 3,929 1.8117% 236,472 42 2,320 1.0698% 138,028 92 2,894 1.3345% 174,179 43 1 2,5921 1.1952% 154,211 93 2,894 1.3345% 174,179 44 1 2,5921 1.1952% 154,211 tl) 94195 3,929 1.8117% 236,472 45 1 2,340 1 1.0790% 139,218 96 2,894 1.3345% 174,179 TOTAL F 216,863 100.0000% $112,965,000 1'1 Phase 3 and 4 Renovation Assessment includes the extra DaVinci roof cost. Attachment 2 Page 1 of 1 COUNTRY CLUSTOWNHOMES CORPORATION OPTIONS I. Flagstone Walkway for individual unit entrance: quoted at :$42/sq.ft.Includes demolishing existing concrete walk,and replacing it with new concrete slab base for the Flagstone.A typical unit would require approx.200 sq ft. 2:New Energy Efficient Windows—Wilmar LowE2: Price quoted depends on unit and number of windows replaced. Typical Phase 1&2 Units: Typical Phase 3&4 Units: A - $23,225 A - $34,565 B - $19,043 B - $28,822 C - $16,033 C - $17,537 D - $21,100 DbIC - $38,868 F - $10,423 G - $13,672r5i r 3. New Hard-Coat Stucco: Owners who wish to replace the Cedar Siding with Stucco on certain South-Facing aspects prone to severe sun damage may consult with the contractor and architect to determine the extent of stucco,subject to review by the Architecture Review Board and board approval. There will be a credit to the overall bid number per sq.ft.of stucco. 4. Decking Replacement:Trex Decking or Equivalent: Removal and replacement of the existing decking with a new,long lasting composite decking such asTrex) may be negotiated at the time of construction. S. Photovoltaic Panels (PV): Owners interested in this option can contact the architects for an evaluation with a consultant to determine the size of array that may be possible.Typical installation costs,before rebates,are approx.$10 / watt. 6. Individual Unit Personalization: Owners wishing to add personal touches not included in the basic plan,or otherwise included as options above,are required to produce architectural plans,at their expense,for review and approval by the Board,and architectural committee. Attachment 3 Housing Department Country Club Townhomes Page 1 of 1 Renovation Assessment Summary 1011/ 2007 Unit S . Foot Renovation 75% 25% Window Option 75% 25% Total 75% TOSV Total 25% Owner 4 1326 $ 78, 890. 00 $ 59, 167. 50 $ 19, 722. 50 $ 10, 423. 00 $ 7, 817. 25 $ 2, 605. 75 $ 66, 984. 75 $ 22, 328. 25 26 1326 $ 78, 890. 00 $ 59, 167. 50 $ 19, 722. 50 $ 10, 423. 00 $ 7, 817. 25 $ 2, 605. 75 $ 66, 984. 75 $ 22, 328. 25 28 1326 $ 78, 890. 00 $ 59, 167. 50 $ 19, 722. 50 $ 10, 423. 00 3 7, 817. 25 $ 2, 605. 75 $ 66, 984. 75 $ 22, 328. 25 29 1326 $ 78, 890. 00 $ 59, 167. 50 $ 19, 722. 50 $ 10, 423. 00 $ 7, 817. 25 $ 2, 605. 75 $ 66, 984. 75 $ 22, 328. 25 62 1326 $ 78, 890. 00 $ 59, 167. 50 $ 19, 722. 50 $ 10, 423. 00 $ 7, 817. 25 $ 2, 605. 75 $ 66, 984. 75 $ 22, 328. 25 Sub Total 394 450. 00 $ 295, 837. 50 $ 98, 612. 50 $ 52, 115. 00 $ 39, 086. 25 $ 13, 028. 75 $ 334, 923. 75 $ 111, 641. 25 5 1655 $ 98 464. 00 $ 73, 848. 00 $ 24, 616. 00 $ 13, 672. 00. $ 10, 254. 00 $ 3, 418. 00 $ 84, 102. 00 $ 28, 034. 00 18 1630 $ 96, 977. 00 $ 72, 732. 75 $ 24, 244. 25 $ 13, 672. 00 $ 10, 254. 00 $ 3, 418. 00 $ 82, 986. 75 $ 27, 662. 25 19 1630 $ 96, 977. 00 $ 72, 732. 75 $ 24, 244. 25 $ 13, 672. 00 $ 10, 254. 00 $ 3, 418. 00 $ 82, 986. 75 $ 27, 662. 25 25 1630 $ 96, 977. 00 $ 72, 732. 75 $ 24, 244. 25 $ 13, 672. 00 $ 10, 254. 00 $ 3, 418. 00 $ 82, 986. 75 $ 27, 662. 25 59 1630 $ 96, 977. 00 $ 72, 732. 75 1 $ 24, 244. 25 .$ 13, 672. 00 $ 10, 254. 00 $ 3, 418. 00 $ 82, 986. 75 $ 27, 662. 25 Sub Total 583, 349. 00 $ 437, 511. 75 $ 145, 837. 25 $ 82, 032. 00 $ 61, 524. 00 $ 20, 508. 00 $ 416, 049. 00 $ 138, 683. 00 100% 100% 100% TOSV 60 1630 $ 96, 977. 00. $ 96, 977. 00 13, 672. 00 $ 13, 672. 00 110, 649. 00 Grand Total 977, 799. 00 $ 733, 349. 25 $ 244, 449. 75 $ 134, 147. 00 $ 100, 610. 25 $ 33, 536. 75 $ 861, 621. 75 $ 250, 324. 25 1 V Attachment 4 Page 1 of 2 Town of Snowmass Village Excise Tax Fund Budget Summary Revenues over Expenditures 2006 2007 2007 2007 2008 Actual Budoet Revised Variance PROPOSED BEGINNING CARRYOVER 4, 723, 626. 65 $ 4, 927, 216. 22 $ 5, 861, 942. 42 $ 934, 726. 20 $ 2, 412, 168. 42 OPERATING REVENUES 1, 995, 238. 59 $ 1, 135, 000. 00 $ 2, 828, 276. 00 $ 1, 693, 276. 00 $ 1, 747, 500. 00 Rodeo Place Home Salo 8, 860, 940. 00 OPERATING EXPENDITURES 83, 164. 00) $ ( 83, 164. 00) $ Rodeo Place Home- Construction 4, 025, 256. 00) $ ( 4, 025, 256. 00) $ ( 4, 835, 355. 00) . I Solar Panels 100, 820. 00) $ ( 100, 820. 00) $ ( 126, 011. 00) Country Club Townhomes 430, 810. 00) $ ( 430, 810. 00) $ ( 430, 810. 00) NET REVENUE over EXPENDITURES 1, 995, 238. 59 $ 1, 135, 000. 00 $ ( 1, 811, 774. 00) $ ( 2, 946, 774. 00) $ 5, 216, 264. 00 Transfer Out- Capital Projects Fund 856, 922. 82) $ ( 1, 254, 695. 00) $ ( 1, 638, 000. 00) $ ( 383, 305. 00) $ ( 459, 772. 00) YEAR END CARRYOVER 5, 861, 942. 42 $ 4, 907, 521. 22 $ 2, 412, 168. 42 $ ( 2, 395, 352. 80) $ 7, 168, 660. 42 Appropriations/ Reserves of the Year End Carryover 2006 2007 2007 2007 2008 Actual Budget Revised Variance PROPOSED Cash in- lieu Reserve 791, 770. 00 791, 770. 00 $ 791, 770. 00 Funds Available 5, 861, 942. 42 $ 4, 807, 521. 22 $ 1, 620, 398. 42 $ ( 3, 187, 122. 80) $ 6, 376, 890. 42 TOTAL- OTHER APPROPRIATIONS/ RESERVES 5, 861, 942. 42 $ 4, 807, 521. 22 $ 2, 412, 168. 42 $ ( 2, 395, 352. 80) $ 7, 168, 660. 42 39 Attachment 4 Page 2 of 2 Town of Snowmass Village Excise Tax Fund Budget Summary Revenues over Expenditures 2009 2010 2011 2012 PROPOSED PROPOSED PROPOSED PROPOSED BEGINNING CARRYOVER 7, 168, 660. 42 $ 8, 423, 585. 42 $ 8, 936, 158. 42 $ 9, 206, 608. 42 OPERATING REVENUES 1, 254, 925. 00 $ 512, 573. 00 $ 270, 450. 00 $ 278, 563. 00 Rodeo Place Home Sales OPERATING EXPENDITURES Rodeo Place Home- Construction Solar Panels Country Club Townhomes 1 NET REVENUE over EXPENDITURES 1, 254, 925. 00 $ 512, 573. 00 $ 270, 450. 00 § 278, 563. 00 Transfer Out- Capital Projects Fund YEAR END CARRYOVER 8, 423, 585. 42 § 8, 936, 158. 42 $ 9, 206, 608. 42 $ 9, 485, 171. 42 Appropriations/ Reserves of the Year End Carryover 2009 2010 2011 2012 PROPOSED PROPOSED PROPOSED PROPOSED Cash in- lieu Reserve 791, 770. 00 $ 791, 770. 00 $ 791, 770. 00 $ 791, 770. 00 Funds Available 7, 631, 815. 42 $ 8, 144, 388. 42 $ 8, 414, 838. 42 $ 8, 693, 401. 42 TOTAL- OTHER APPROPRIATIONS/ RESERVES 8. 423, 585. 42 $ 8, 936, 158. 42 $ 9, 206, 608. 42 $ 9, 485, 171. 42 40 Housing Dept CCTH Renovation Assessment Revised Summary as of 1115/ 2007 per Town Council Meeting Original Original Revised Unit Budget S . Foot TOWN 75% Owner 25% Window Cost Window Cost TOWN 75% Owner 26% Total 75% TOSV Town Max Owner Max 4 78, 890. 00 1326 $ 59, 167. 50 $ 19, 722. 50 $ 10, 423. 00 $ 18, 085. 00 $ 7, 817. 25 $ 2, 605. 75 $ 66984. 75 $ 82, 500. 00 $ 27, 499. 73 26 $ 78, 890. 00 1326 $ 59, 167. 50 $ 19, 722. 50 $ 10, 423. 00 $ 18, 356. 00 $ 7, 817. 25 $ 2, 605. 75 $ 66, 984. 75 $ 82, 500. 00 $ 27, 499. 73 28 ! $ 78, 890. 00 1326 $ 59, 167. 50 $ 19, 722. 50 $ 10, 423. 00 $ 17, 564. 00 $ 7, 817. 25 $ 2, 605. 75 $ 66, 984. 75 $ 82, 500. 00 $ 27, 499. 73 29'•! $ 78, 890. 00 1326 $ 59, 167. 50 $ 19, 722. 50 $ 10, 423. 00 $ 18, 165. 00 $ 7, 817. 25 $ 2, 605. 75 $ 66, 984. 75 $ 82, 500. 00 $ 27, 499. 73 62 " I $ 78, 890. 00 1326 $ 59, 167. 50 $ 19, 722. 50 $ 10, 423. 00 $ 18, 025. 00 $ 7, 817. 25 $ 2, 605. 75 $ 66, 984. 75 $ 82, 500. 00 $ 27, 499. 73 Sub Total $ 394, 450. 00 295, 837. 50 52, 115. 00 $ 90, 195. 00 $ 39, 086. 25 $ 13, 028. 75 $ 134, 923. 75 $ 412, 500. 00 5 98, 464. 00 1655 $ 73, 848. 00 $ 24, 616. 00 $ 13, 672. 00 $ 28, 428. 00 $ 10, 254. 00 E 3, 418. 00 $ - 84, 102. 00 $ 105, 000. 00 $ 34, 999. 65 18 $ 96, 977. 00 1630 $ 72, 732. 75 E 24, 244. 25 $ 13, 672. 00 $ 22, 544. 00 $ 10, 254. 00 $ 3, 418. 00 $ 82, 986. 75 $ 105, 000. 00 $ 34, 999. 65 19 $ 96, 977. 00 1630 $ 72, 732. 75 $ 24, 244. 25 $ 13, 672. 00 $ 23, 744. 00 $ 10, 254. 00 $ 3, 418. 00 $ 82, 986. 75 $ 105, 000. 00 $ 34, 999. 65 25 $ 96, 977. 00 1630 $ 72, 732. 75 E 24, 244. 25 $ 13, 672. 00 $ 24, 796. 00 $ 10, 254. 00 $ 3, 418. 00 $ 82, 986. 75 $ 105, 000. 00 $ 34, 999. 65 59 2 $ 96, 977. 00 1630 $ 72, 732. 75 $ 24, 244. 25 $ 13, 672. 00 $ 23, 366. 00 $ 10, 254. 00 $ 3, 418. 00 $ 82, 986. 75 $ 105, 000. 00 $ 34, 999. 65 Sub Total $ 486, 372. 00 14805 1 $ 364, 779. 00 68, 360. 00 $ 122, 878. 00 $ 51, 270. 00 $ 17, 090. 00 $ 416, 049. 00 $ 525, 000. 00 Grand Total $ 880, 822. 00 660, 616. 50 120, 475. 00 $ 213, 073. 00 $ 90, 356. 25 $ 30, 118. 75 $ 750, 972. 75 $ 937, 500. 00 Balance $ 186, 527. 25 Town Unit is based on original bud et 100% 100% TOSV 60 $ 96, 977. 001 1630 $ 96, 977. 00 13, 672. 00 $ ' 24, 869. 00 $ 13, 672. 00 110, 649. 00 MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest, Town Manager Marianne Rakowski, Finance Director DATE: January 20, 2009 SUBJECT: 2009 Budget Contingency I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: At the 12/15/08 Town Council meeting, the Town Council directed staff to implement the 10% Budget Contingency Plan. The Town Council also directed staff to provide them with additional financial information for all 3 plans, which was placed in your boxes on 12/18/08. Action: The primary goal is to answer any questions that the Town Council has on the Budget Contingency Plan and to receive feedback on the plans. Town Council is asked to review the packet information and to give staff direction if you would like to implement the 15% or 20% Budget Contingency Plan at this time. II. DISCUSSION ISSUES During the 2009 Budget Hearing, Council and staff anticipated a difficult financial year. As part of that discussion, Council directed staff to minimize the impact to full-time year- round employees and the attached Budget Contingency Plans reflect that. Included in this packet is the financial information that was given to you in December(all of the numbers are still the same) (Attachments A— G). Based on this information as proposed, the major impacts to the community/guests are in Transportation bus service see attached memo from Dave Peckler Attachments H - K); in the Police Department there would be no Traffic Control Officers) and in the Marketing Department for specific special events. Councif should also be aware that in the 20% scenario all Council donations-general are reduced to—0- (from $l OK), the Cultural Arts donations have been reduced to—0- (from $33K), the Health &Human Service donations have been reduced to $61K(from $87K) and the Part-time Advisory Board has been reduced to—0- (from 5K). We have also included the latest MTRIP Occupancy Report(Attachment L) and the updated Economic Indicators (Attachment M). We were able to contact a variety of businesses for initial sales tax information and that information is below: Industry Variance ('07 act to '08 act) Lodging 24.02% Restaurants 6.99% Retail 24.28% Overall Change 21.34% Staffs Recommendation is based on the following: MTRIP occupancy information Bus Ridership Solid Waste Data Sales Tax information(rec'd by phone or email) Staff's desire to be proactive instead of reactive An important part of this process to remember is that the goal of the Budget Contingency Plan is to continue to maintain a balanced budget (revenues over expenditures) annually and to maintain our total fund balance at the end of the year. Although the majority of our sales tax cuts occur in the months of January through April (60%), they are partially offset by the winter-type cuts, while the majority of the offset occurs throughout the year. Cash flow for the Town has been consistently stable for many years and has more than the ability to fund the variances in monthly activity. Town staff is also in the process of developing a budget contingency plan for the Real Estate Transfer Tax Fund,which will be presented to Council when its been completed. Based on the above information, Town staff is ready to proceed with the 15% or 20% Budget Contingency Plan per Councils direction. If after the end ofthe ski season, staff determines that additional cuts are necessary, then staff will be recommending some additional cuts that will affect personnel such as wage freezes and position cuts. Beyond that, we will recommend using funds available or the budget contingency reserve to preserve Town services. III. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends implementing the 20% Budget Contingency Plan immediately in order to stay ahead of the decreases in activity as shown in the Economic Indicators and Occupancy Reports. Staff further recommends that we re-evaluate our financial condition in May/June to determine if additional modifications are needed. NOTE: Line item detail printouts are available for Council upon request. TOWN OF SNOWMASS VILLAGE GENERAL FVND - BUDGET SUMMARY 2009 2009 2009 2009 BUDGET SUMMARY 8V BU06ET Variance BU Variance BU T Variance 3EGINNING CARRYOVER S 5, 473, 155. 56 $ 5, 473, 155. 56 5, 473, 155. 56 5, 473, 155. 56 OPERATING REVENUES 14, 738, 020. 00 $ 13, 718, 987. 00 $ ( 1, 014, 133. 00) $ 13, 262, 136. 00 $ ( 1, 475, 884. 00) $ 12, 887, 972. 00 $ ( 1, 850, 048. 00) Cougar Carryon- towards Town Hall payments 90, 000. 00 $ 90, 000. 00 90, 000. 00 90, 000. 00 Base Vlg- Per FIA- Operating Revenues 202, 838. 00 $ 202, 838. 00 202, 838. 00 202, 838. 00 Base V19- Per FIA- Operating Expend 152, 692. 00) $ ( 152, 692. 00) 152, 692. 00) 152, 692. 00) OPERATING EXPENDITURES 14, 731, 793. 00) $ ( 13, 955, 220. 00) $ 776, 573. 00 $ ( 13, 414, 427. 00) $ 1, 317, 366. 00 $ ( 13 206, 681. 00) $ 1, 525, 112. 00 Net Operating Rev' s/ Exp- with Capital 146, 373. 00 $ ( 96, 167. 00) $ ( 242, 560. 00) $ ( 12, 145. 00) $ ( 158, 518. 00) $ ( 178, 563. 00) $ ( 324, 936. 00) NE- TIME REVENUES NE- TIME EXPENDITURES 6 CONSTRVCTN MIT 456, 700. 00) $ ( 181, 000. 00) $ 275, 700, 00 $ ( 160, 000. 00) $ 296, 700. 00 $ ( 98, 000. 00) $ 358, 700. 00 ougar Carryon 90, 000. 00 $ 90, 000. 00 90, 000. 00 90, 000. 00 NET REVENUE/ EXPENDITURES 366700. 00) $ ( 91 000. 00) 70, 000. 00) 8, 000. 00) NDING CARRYOVER 5, 252, 828. 56 $ 5, 285, 968. 56 $ 33, 140. 00 $ 5, 391, 010. 56 $ 138182. 00 $ 5, 286, 592. 56 $ 33, 764. 00 BUDGET APPROPRIATIONS 2009 2009 2009 2009 PROPOSED PROPOSED PROPOSED PROPOSED ESIGNATIONS/ RESERVES: INVENTORY 130, 000. 00 $ 130, 000. 00 130, 000. 00 130, 000. 00 PREPAID EXPENSES 50, 000. 00 $ 50, 000, 00 50, 000. 00 50, 000. 00 EMERGENCY CONTINGENCY 291, 562. 00 $ 291, 562. 00 291, 562. 00 291, 562. 00 CAPITAL EQUIP RESERVE 473, 244. 00 $ 473, 244. 00 473, 244. 00 473, 244. 00 TOWN HALL COP- COUGAR CANYON 630, 000. 00 $ 630, 00000 630, 000. 00 630, 000. 00 CONTINGENCY- 15A OF OPERATING REV 2, 254, 628, 70 $ 2, 101, 758. 75 $ ( 152, 869. 95) $ 2, 033, 246. 10 $ ( 221, 382. 60) $ 1, 977, 121. 50 $ ( 277, 507. 20) OTAL APPROPRIATIONS: 3, 829, 434. 70 $ 3, 676, 564. 75 3, 608, 052. 10 3, 551, 927. 50 FUNDS AVAILABLE: 1, 423 393. 86 $ 1, 609, 403. 81 $ 186, 009. 95 $ 1, 782, 958. 46 $ 359, 564. 60 $ 1, 734, 665. 06 $ 311, 271. 20 OTAL APPROPRIATIONS A FUNDS AVAILABLE 5, 252, 828. 56 5 285r968 56 S 33i190T00[$= 5f391T01' 0% 6X$ 1382 00 $ 5T28T59 56 $ 33, 7 . 00 General Fund Revenues BUDGET CONTINGENCY PLAN --- 2009 REVENUES 2009 Budge 15% Plan 20%o- of ri". County Sales Taxes 2,700,915 $ 270,092)405,137)540,183) Town Sales Taxes 1,454,554 $ 145,455)218,183)290,911) Building Permits 533,548 $ 239,548)239,548)239,548) Planning Dept Fees 310,000 $ 20,000)40,000)60,000) Bldg Plan Check Fees $ 346,806 $ 155,706)155,706)155,706) Trans/Parking Fees 330,000 $ 33,000)49,500)66,000) Special Bus Runs 65,000 $ 3,250)4,875)6,500) Recreation Fees 51,500 $2,575)5,150) Rear Load Fees 450,564 $22,528)31,539) Curbside Fees 59,146 $2,957)4,140) Roll Off Fees 122,981 $6,149)8,609) Fuel Surcharge 42,525 $2,126)2,977) Pool/Rec Ctr Fees 329,600 $16,480)32,960) Rec Ctr Class/Trainers $ 46,350 $2,318)4,635) Parking Violations 55,000 $ 2,750)5,500)8,250) Ski Corp Contributions $ 948,336 $ 77,415)125,800)174,184) Rec Ctr Concessions $ 22,000 $1,100)2,200) Transfer In-RETT 1,900,039 $ 134,090 39,007 12,826 Transfer In-Road 2,277,947 $ 206,008)214,410)229,382) Sub-Total $ 12,046,811 $ (1,019,134.00)1,475,885)1,850,048) All Other Accounts 2,691,209 $ Grand Total $ 14,738,020 1 $ (1,019,134)1,475,885)1,850,048) General Fund--Budget Contingency --TYPES OF CUTS/REDUCTIONS-Expenditures 15% 20% Service Cuts Cut one Seasonal Traffic Control Officer 26,842) $ 26,842) 0 Cut 2 Full time Seasonal Traffic Control Officers 49,248) Reduce Route 4-reduce I backup shift(8 hrs) 40,172) $ 40,172) $40,172) Reduce Backup-on Routes 1 &3 35,074) $ 35,074) $ .(35,074) Cut Night Svc 2 hours(from 10:45 to 8:45 pm)demand response 37,185) $ 37,185) $37,185) No Free Concert bus service(normal routes only) 13,641) $ 13,641) $13,641) Eliminate Route 8(8:00 am to 9:00 p.m.) 65,653) $65,653) Cut Jr.Ranger program and 1 Full-time Seasonal position 49,737) $ Cut Jr Rangers&2 Full time Seasonal Positions 73,337) $ Cut Jr Rangers&4 Full time Seasonal Positions 120,536) Construction Mitigation is reduced to minimal consultant&advertising $ 83,500) $ Construction Mitigation is reduced to only advertising 104,500) $ Construction mitigation is completely eliminated 107,500) Cut new budgeted position(Sr.Plnr)/inc hrs for Plan Checker 69,839) $69,839) Sub-Total S 286,151) S 466,243) S (538,848) Operational Cuts(general summary) Hiring Freeze(case by case basis)80,000) $ 80,000) $80,000) Council-donations general was reduced from$1 OK to$5K 5,000) 0 0 Council-donations general was reduced from$IOK to$OK 10,000) $10,000) Athletic Sponsorships were eliminated 5,000) $ 5,000) $ 5,000) Reduced$for Community Picnic 1,500) . $ 3,500) $ Eliminated Community Picnic 6,500) Eliminated Holiday Party and Boards/Commissions Dinner 14,500) $ 14,500) $14,500) Cut Road Grader(will try to fund in future year) 193,120) $ 193,120) $ (193,120) Eliminated all$for Transportation employee uniforms S 8,500) $ 8,500) $ 8,500) Pan-time Homeowners Advisory Board funding cut from S5K to S K $ 4,000) $ 4,000) $ Part-time Homeowners Advisory Board funding cut from$5K to$OK 5,000) Arts Advisory reduced their consultant and miscellaneous accounts $ 250) $ Arts Advisory reduced their consultant and mist from$750 to$0 750) $ 750) Cut Website Redesign 20,000) $ 20,000) $ (20,000) Cut Police Closed Circuit Camera 17,000) $ 17,000) $17,000) Cut Wage(BeneSt Survey 5 25,000) $ 25,000) S 25,000) Cut Remaining One-times except for Grants and Donations 3,000) $ 3,000) $ 3,000) Cut Tech/Efficiency Fund 50,000) $ 50,000) $50,000) Cut Faraway Dumpster Shed 50,000) S 50,000) S (50,000) Cut Shop-Upgrade of Heating System 20,000) $ 20,000) $20,000) Cut Shop-Thermal Image Camera 7,200) $ 7,200) $ 7,200) Reduced Training&Travel within the General Fund 26,878) $ 38,289) $56,500) Reduced Contract Services within the General Fund 51,899) $ 48,119) $62,488) Reduced Building Maintenance within the General Fund 10,000) $ 12,500) $15,000) Reduce Utilities within the General Fund 12,550) $ 18,850) $25,150) Reduce Advertising within the General Fund 24,135) $ 35,060) $38,335) Reduce Supplies-Cleaning within the General Fund 8,506) $ 12,758) $17,011) Reduce Overtime 32,501) $ 56,336) $ (76,830) Reduce Trails Paving-Raw Materials(leaves$54K) 1,070) $ Reduce Trails Paving-Raw Materials(leaves$40K) 14,445) $ Reduce Trails Paving-Raw Materials(leaves$27K) 27,820) Weed Control 1,350) $ 23,850) $23,850) Cash Purchases(computers,police-equip,trash containers) 24,500) $ 94,900) $83,900) Reduce Dump Fees(there is a reduction in solid waste revenues) 19,556) $24,539) Cut Trash Truck(will try to fund in future years) 132,167) $ (132,167) Cut plotter-for plans/GIS 6,100) $ 6,100) Reduced Cultural Arts&Health and Human Service Donations 59,000) Sub-Total 697,459) S 1,024,500) S (1,164,260) Other General Fund Accounts 68,663) $ 123,323) $ (180,704.00) GRANDTOTAL 1,052,273) $ 1,614,066) $ (1,883,812) TOWN OF SNOWMASS VILLAGE MARKETING AND SPECIAL EVENTS FUND BUDGET SUMMARY 2009 z0o9 2009 2009 DESCRIPTION PROPOSED gDku Variance BUS Variance RvDfEi Vmiance CARRYOVER 442, 128. 44 $ 442, 128. 44 0. 00 $ 442128. 44 0. 00 $ 442, 128. 44 0. 00 REVENUES 3, 989, 884. 00 $ 3, 576, 246. 00 ($ 413, 638. 00) $ 3, 363, 426. 00 ($ 626, 458. 00) $ 3, 151, 607. 00 ($ 838277. 00) EXPENDITURES 4, 027, 020. 00) ($ 3, 661, 000. 00) $ 366, 020. 00 ($ 3, 469, 000. 00) $ 558, 020. 00 ($ 3, 272, 000. 00) $ 755, 020. 00 ENDING BALANCE 404, 992. 44 $ 357, 374. 44 ($ 47, 618. 00) $ 336, 554. 44 ($ 68438. 00) $ 321, 735. 44 ($ 83257. 00) v 10% Appropriation from 2009 2009 2009 2009 Year End Carryover PROPOSED BUDGET Variance AvDkEf BUDGET Variance RESERVE ( 10% of Revenues) $ 398, 988. 40 $ 357, 624. 60 ($ 41, 363. 80) $ 336 342. 60 ($ 62, 645. 80) $ 315, 160. 70 ($ 83, 827. 70) UNAPPROPRIATED RESERVE 6, 004. 04 250. 16) ($ 6, 254. 20) 211. 84 5, 792. 20) 6574. 74 570. 70 Year End Appropriation $ 404, 99244 $ 357 374. 44 ($ 47, 618. 00) $ 336, 554. 44 ($ 68, 438. 00) $ 321, 735. 44 ($ 83, 257. 00) TOWN OF SNOWMASS VILLAGE GROUP SALES BUDGET BUDGET SUMMARY 10% 2009 2009 2009 2009 DESCRIPTION PROPOSED BUDGET Voricnce BU Variance BUDGET Variance CARRYOVER 330, 360. 61 $ 330, 360. 61 0. 00) $ 330, 360. 61 0. 00) $ 330, 360. 61 0. 00) REVENUES 1, 381, 760. 00 $ 1, 244, 734. 00 ($ 137, 026. 00) $ 1, 176, 221. 00 ($ 205, 539. 00) $ 1, 107, 708. 00 ($ 274, 052. 00) EXPENDITURES 1, 451, 772. 00) ($ 1, 436, 772. 00) $ 15, 000, 00 ($ 1, 367, 772. 00) $ 84, 000. 00 ($ 1, 299, 772. 00) $ 152, 000. 00 ENDING BALANCE 260, 348. 61 $ 138, 322. 61 ($ 122, 026. 00) $ 138, 809. 61 ($ 121, 539. 00) $ 138, 296. 61 ($ 122, 052. 00) 10% 15% Appropriation from 2009 2009 2009 2009 Year End Carryover PROPOSED o Variance BUDGET Variance BUDGET Variance RESERVE ( 10% of Revenues) 138, 176. 00 $ 124, 473. 40 $ ( 13, 702. 60) $ 117, 622. 10 $ ( 20, 553. 90) $ 110, 770. 80 $ ( 27, 405. 20) UNAPPROPRIATED RESERVE 122, 172. 61 13, 849. 21 $ ( 108, 323. 40) $ 21, 187. 51 $ ( 100, 985. 10) $ 27, 525. 81 $ ( 94, 646. 80) Year End Appropriation 260, 348. 61 $ 138, 322. 61 $ ( 122, 026. 00) .$ 138, 809. 61 $ ( 121, 539. 00) $ 138, 296. 61 $ ( 122, 052. 00) Marketing & Special Events Fund - Revenues BUDGET CONTINGENCY PLAN --- 2009 REVENUES 2009 Budget 1'0%Plan `',15% Plan 20101Plan,:"°° Town Sales Taxes 3,636,384 $363,638) $545,458) $727,277) Arts&Crafts Show 8,000 $ 2,000) $ 2,000) $ 2,000) Balloon Festival 10,000 $ 5,000) $ 7,000) $ 9,000) Chili Pepper/Brew Fast 145,000 $ 5,000 $ 5,000 $ 5,000 Oktoberfest 10,000 $ 5,000) $ 7,000) $ 8,000) Interest Income 22,500 $ Donations-Summer Concerts $ 128,000 $ 28,000) $ 48,000) $ 68,000) Winter Events 10,000 $ 5,000) $ 7,000) $ 9,000) General Sponsorships 20,000 $ 10,000) $ 15,000) $ 20,000) Sub-Total 3,989,884 $413,638) $626,458) $838,277) All Other Accounts Grand Total 3,989,884 413,638) 626,458) 838,277) Group Sales Fund - Revenues BUDGET CONTINGENCY PLAN --- 2009 REVENUES 2009 Budget 1'0%"iP.la`n 15% Plan 20%ilP.lan Lodging Taxes 1,370,260 $137,026) $205,539) $274,052) Interest Income 10,500 $ Hotel"Co-op" 1,000 $ Sub-Total 1,381,760 $137,026) $205,539) $274,052) All Other Accounts Grand Total 1,381,760 $137,026) 205,539) 274,052) Marketing & Special Events Fund--Budget Contingency --TYPES OF CUTS/REDUCTIONS Expenditures 200/6 Onerational/Soecial Event Cuts 4"of July Celebration-No extra concert 30,000) $35,000) $ 35,000) G3 Mountain Bike Race-Event goes away 50,000) $50,000) $ 50,000) Oktoberfest-Cut event in half 10,000) $10,000) 0 Oktoberfest-Event goes.away 20,000) Massive Music-Event goes away 50,000) $50,000) $ 50,000) Family Fun Fest-Event goes away 20,000) $20,000) $ 20,000) Winter Events-Reduce Snowmass events; MOA goes away 20,000) $30,000) $ 30,000) Airport Ambassador Program-Fewer hours staffed at airport 10,000) $15,000) $ 20,000) Winter Marketing-Less event marketing/FewerAds 100,000) $ (100,000) $100,000) Summer Marketing-Less event marketing/Fewer Ads 100,000) $ (110,000) $125,000) Chili Pepper/Brew Fest-event grew 40,000 $ 40,000 $ 40,000 Free Concert Series-Reduced from 9 to 7 concerts 30,000) $ Free Concert Series-Could go to 6 concerts S 30,000) Small Seasonal Activities-Reduced family/kids activities 5,000) $ 10,000) Event Contractor-Reduced event hours,more done in-house 20,000) $ 30,000) Public Relations 20,000) $ 40,000) Chairlift-lust run on weekends or eliminate 60,000) Guest Services-Reduced staff hours at Rodeo Transit Center 12,000) JAS Labor Day-Reduced contribution to big weekend event 20,000) Signage 10,000) Other accounts have also been reduced,such as Online Marketing; $ 16,020) $ (103,020) $133,020) Travel;Contract Services;Signage;Photography;Pubtic Relates TOTAL 366,020) $ (558,020) $ (755,020) Group Sales Fund--Budget Contingency --TYPES OF CUTS/REDUCTIONS Expenditures 15% r :<_a;:Ra2 Operational Cuts Advertising 5,000) $ 5,000) $ 5,000) Internet 51000) $ 5,000) $ 5,000) Trade Shows 5,000) $ 5,000) $ 5,000) Industry Print Ads 19,000) $ 19,000) Collateral Producation 10,000) $ 10,000) Customer Gifts 6,000) $ 11,000) Client Local Entertainment 30,000) $ 30,000) FAM Trips 15,000) Payroll/Benefits-not filling the open sales position 42,000) Several other accounts 4,000) $ 10,000) TOTAL 15,000) $ (84,000) $ (152,000) MEMO To: Marianne Rakowski&Russ Forrest Frorm David Peckler,Transportation Director Date: January 12, 2009 Re: Descriptions of Proposed Budget Cuts Here is a list of descriptions for our proposed budget cuts. I do believe that there should be some discussion about the 15%- Eliminate Route 8 item. My staff would suggest discussing cutting Route 7 service before eliminating Route 8 General Fund—Budget Contingency—Types of Cuts—Expenditures—Transportation 10% Plan—Items already in progress 1. Reduce Route 4—reduce one backup shift (8 Hrs)- 10% = $40,172: We had programmed in the budget an additional vehicle running Route 4 service. This shift is proposed to be cut, and only run in cases of emergency or special event: which includes X-Games and AVSC Ski Club. 2. Reduce Backup on Route 1 & 3— 10% =$$35,074:We had proposed running an S1 shift to assist the Route 1 driver in the peak periods. In the peak periods, this shift is becoming impossible to run in the 20-minute headway. Supervisory staff will run the route when necessary.This does take away one of the supervisors form dispatching at the Mall depot or at the Treehouse in peak periods. 3. Cut Night Service 2 hours (from 10:45 to 8:45 pm)demand responsive— 10% =$37,185:We had proposed ending Fixed-Route service on four routes (1, 2, 5/6, & 7) earlier than we had budgeted. After review by senior staff,we feel that the dinner rush may last until after 9:00 pm. We have trimmed hours in other areas to extend the key routes until or after 9:00 pm. Our N5 shift and the Night Supervisor will provide Demand-Responsive service for these routes until the end of service at 12:45 am. The public will have to wait until the Demand-Responsive driver can get back to the Mall for a pick up. Routes 3 & 8 will continue on Fixed-Route headways to cover Brush Creek Rd and Owl Creek Rd. On a busy night it is possible that the two Demand-responsive drivers could get overwhelmed, resulting in less than desirable response times. 4. No Free Concert bus service(normal routes only)—10% =$13,641:There are two possibilities in this proposal; 1.—A sponsor is found to subsidize the bus service for the concerts;2.—Size the events so that bus service from the parking lots is not necessary(Number lots and Base Village accommodate demand)and limited local service supports the Village. To not run park ride service would mean the concert would have to stay at about 1,500-2,000 in attendance. Page 1 1 15% & 20% Plan—Items to be implemented 5. Eliminate Route 8(8:00 am to 9:00 pm)— 15% =$65,653: For those that do not know, Route 8 service single-family neighborhoods in the Melton and Horse Ranch units.The termination of the Route 8 service would end service to those neighborhoods, though there would still be Route 4 service along Brush Creek Rd that lower units could still use during the day. There would be no service to the recreation center by Village Shuttle after 6:20pm (service possible by RFTA bus—we would need to make sure they are available for intra-Village service). 6. Alternate to Route 8 service reduction, eliminate Route 7 service during the day=$44,000:This is obviously a tough decision to make, and we would like to discuss an alternative cut to Route 7 that may have less of an impact. The termination of Route 7 service would end the internal service to Mountain View; however, we would continue to route some buses up and down Upper Brush Creek Rd.to make a pickup at the bus stops along the road. Page 2 TRANSPORTATION DEPARTMENT 8Jart- 09 PASSENGER BOARDING STUDY FOR ROUTE 8 - MELTON & HORSE RANCH DECEMBER 2008 This is a report on passenger boarding by location for Route 8. This report covers all of December. The five shifts in this report provided 35_ Fixed Route loops on Route 8, from 7: 05 am to 12: 05 pm. The number of loops by shift are shown on the right, along with the loops having a pick up above the Crossing ( Colt Circle) - average 3. The average number of Passengers/ Day above the Crossings was 6, peaking at 22 on 12/ 30/ 08. The average number of Passengers/ Trip was 2. 2, and it peaked at 2. 2. Trips from the Mall back to Colt Circle cannot be identified, which would increase the activity on the loops slightly. Mall boarding is removed from the comparison in the box below. ROUTE 8 BOARDINGS BY LOCATION FOR DECEMBER 1 - 31, 2008. LOOP WITH DECEMBER AVERAGE ON DEMAND PICKUP AT SNOW MELTON COLT TOWN, MELTON OWL SNOW TOTAL COLT DAY/ DATE SHIFT MALL MELT CENTER . RANCH CIRCLE XINGS ; PARK RANCH CREEK CENTER MELT LOOPS CIRCLE I 1- Dec- 08 to AMC 9 3 1 0 - 4 5 0'':- 20 3 4 3 8 2 31- Dec- 08 07 13 5 2 0 1 4 01 10 2 6 3 6 1 D8 11 5 3 1 1 2 - 01 . 7 1 3 2 5 0 N8 32 11 8 1' - 0 2 3 5 2 6 3 14 0 PMC 6 1 0 0; 0 0 0 1 0 1 0 2 0 AVE. TOTAL 214 70 25 14 2 6 12 3 42 8 19 11 35 2.8 p 100.()% 32. 80/ 6 11. 7% 6.7% 1. 0010 2.9% 5.8% 1.4' 0/'* I 19. 8°!0 3.8° Jo 8.9°! 0 5.2° l0 8.1% WITHOUT MALL 144 100% 17. 4% 10. 0°(° 1:5% 4.4° l0 8.7°(° . 2.2° 1e_ 29. 4°l0 5.6°(° 13. 2°(° 7.7 010 Pass/ Trip 2.2 LOOP WITH 12130/ 2008 = COLT CIRLE PEAK ON DEMAND PICKUP AT SNOW MELTON COLT TOWN; MELTON OWL SNOW TOTAL COLT DAY/ DATE SHIFT MALL MELT CENTER RANCH CIRCLE XINGS ': PARK_. RANCH CREEK CENTER MELT LOOPS CIRCLE AMC 24 14 9 1. 16 7 0-`. 26 4 14 3 8 5 D7 31 1 0 0 2 3 0 ,' 3 0 10 0 6 2 D8 19 2 0 0 3 0 0. 16 11 3 2 5 2 N8 75 26 14 0 0 0 6-'.. 4 5 7 14 14 0 PMC 5 2 0 0 1 1 jlI 0 3 0 3 0 2 1 AVE. TOTAL 390 154 45 23 1 22 11 1 6 52 20 37 19 35 10. 0 100. 0% 39. 5% 11. 5% 5.9% 0:3% 5.6% 2. 81%. 1.5 0/6. 113°/° 5.1% 9.5% 4.9% 28. 6% WITHOUT MALL 236 100% 19. 1% 9.7% 0.4% 9.3% 4.7% ' 2:5% I 22. 0% 8.5% 15. 7% 8.1% Pass/ Trip 2.2 COST ALLOCATION BY ROUTE FOR 2007 RACTUAL REPORT MADE JUNE 6, 2008 12007 ACTUAL LSC Model See J48 MARG. MARG. FIXED NET TOT TOTAL ROUTE COSTIMILE ROUTE COST/ HOUR TOT MARG. COST/ HOURS TOTAL NET COST PER PSGR PSGR SERVICE/ ROUTE PSGRS MILEAGE 50. 72 HOURS 352- 9-01 COST 12. 13 COST COST PSGR PER HOUR PER MILE ROUTE 41 104, 622 34, 214 $ 24, 712 3, 963 209, 626 $ 234. 338 $ 48, 058 $ 282. 396 $ 282, 396 2. 70 26. 40 3. 06 ROUTE# 2 56, 840 21, 883 $ 15. 806 2, 615 138, 326 $ 154, 132 $ 31, 712 $ 185, 845 $ 785, 845 3. 27 21. 74 2. 60 ROUTE# 3 137, 990 100, 261 $ 72, 416 8, 890 470, 224 $ 542, 640 $ 107, 803 $ 650, 442 $ 602, 863 4. 37 15. 52 1. 38 ROUTE# 4 168, 160 53, 435 $ 38, 595 3, 987 210, 871 $ 249, 465 $ 48, 344 $ 297, 809 $ 297, 809 1. 77 42. 18 3. 15 ROUTE# 5 29, 659 15, 300 $ 11, 051 1, 543 81, 641 $ 92, 692 $ 18, 717 $ 111, 409 $ 111, 409 3. 76 19. 22 1. 94 ROUTE# 6 16, 621 11, 570 8, 357 1, 532 81, 034 $ 89. 391 $ 18, 578 $ 107, 968 $ 107, 968 6. 50 10. 85 1. 44 ROUTE# 7 37, 074 18, 308 $ 13, 223 2, 305 5121, 936 $ 135, 159 $ 27, 955 $ 163, 114 $ 163, 114 4. 40 16. 08 2. 03 ROUTE# 8 48, 134 50, 717 $ 36, 632 4, 197 222, 018 $ 258, 649 $ 50, 899 $ 309, 549 $ 309, 549 6. 43 11. 47 0. 95 ROUTE# 9 1, 081 478 345 70 3, 716 4061 852 4, 913 4913 4. 54 15. 39 2. 26 SUB- TOTAL VILLAGESERVICE 600, 181 306, 166 $ 221, 136 29, 102 1539391 $ 1760527 $ 352, 918 $ 2113445 $ 2065866 3. 44 20. 62 1. 96 SPECIALS 44, 740 17, 877 $ 12, 912 1, 543 81, 605 $ 94, 517 $ 18, 709 $ 113, 225 ($ 1, 877) 0. 04 29. 00 2. 50 RFTA 89, 053 63, 893 $ 46, 148 3, 626 191, 800 $ 237, 948 $ 43, 972 $ 281, 920 ($ 33, 8G4) 0. 38 24. 5-6------ 13- 9-1 TRAININGIMISC. 0 41, 474 $ 29956 1, 080 57, 127 $ 87083 $ 13097 $ 100180 $ 100180 0. 00 0. 00 0. 00 GRAND TOTAL 1, 869. 922 E2180b74 $ 428, 695 $ 2. 608. 769 $ 2. 130. 364 2. 90 20. 76 1. 71 EO $ 46, 677 $ 46. 677 8. 47 0.00 0. 00 Mechanic hours in Bus/ Vehicle Repairs at$ 751Elour. No Capital Reserves for vehicle purchases in this part of the model. Dial a Ride program is contract with High Mtn. Taxi and shown seperatey. Training hours are 6( 4+ 2) X 108 hours. 2000 ACTUAL"' 2003 ACTUAL MARG. COST/ MILE 0. 58 MILES 449, 728 MARG. COST/ MILE 0. 75 Annual Reserve 0 MARG. COSTIHR. 28. 95 HOURS 36, 834 MARG. COST/ HR 533. 89 Annual Cash At $ 572, 714 FIXED COST/ HR. 9. 25 PASSENGERS 649, 074 FIXED COST/ HR. 14. 32 TOTAL 572, 714 2001 ACTUAL 2006 ACTUAL MARG. COST/ MILE 0. 80 MILES 431, 198 MARG. COSTWILE 0. 77 Annual Reserve 0 MARG. COST/ HR. 31. 76 HOURS 34, 890 MARG. COST/ HR. 53. 32 Annual Cash At $ 572, 963 FIXED COST/ HR. 11. 60 PASSENGERS 652, 806 FIXED COST/ HR. 12. 13 TOTAL 572, 963 2002 ACTUAL 2007 REVISED MARG. COST/ MILE 0. 69 MILES 396, 901 MARG. COSTIMILE 0. 72 Annual Reserve 0 MARG. COST/ HR. 34. 06 HOURS 30, 794 MARG. COST/ HR. 52. 90 Annual Cash At $ 678, 809 FIXED COST/ HR. 11. 08 PASSENGERS 644, 460 FIXED COST/ HR. 12. 13 TOTAL 678 809 2000 PASSENGERS DECLINE DUE TO POOR SNOW 8 CLUB REDEVELOPMENT ON FIT 3; FOXED COST/ HOUR INCREASED DUE TO COST INCREASES IN BENEFITS& HOURS IN ADMINISTRATION, AND UTILITIES INCREASED 46% IN PARCEL C. Snowmass Occupancy Report as of December 31, 2008 MONTHLY VIEW 100% 02008109 YTD as of 12/ 31/ 08 90% O 2007/ 08 YTD as of 12/ 31/ 07 2007/ 08 Total actual bookings 80% 76% 72% 70% 64% 60% 58% 57% cc V% v cR 50% 400 aa% u 4 to 40% n; O F 30%20% 11% 14% 12% 10% rs p 0% F1 F Nov- 08 Dec- 08 Jan- 09 Feb- 09 Mar- 09 Apr- 09 Nov- Apr Total Week Sunday to Saturday) Source: MTRIP 2008 Economic Indicators - Comparative Analysis Prepared: January 13, 2009 Tax Data 2008 2007 Change Actual Chance TOSV Sales Tax Collections Nov. 2008 vs. Nov. 2007: 30, 924. 58 $ 40, 103. 15 122. 89% 9, 178. 57) TOSV Marketing Tax Collections Nov. 2008 vs. Nov. 2007: 77, 311. 43 $ 100, 257. 86 122. 89% 22, 946. 43) TOSV Lodging Tax Collections Nov. 2008 vs. Nov. 2007: 7, 573. 00 $ 10, 919. 00 130. 64% 3, 346. 00) TOSV RETT Collections 2008 vs. 2007: 3, 652, 566. 94 $ 6, 099, 937. 40141. 04% 2, 447; 370. 46) Note: According to the 2008 RETT Unadjusted Balances, collections came in approximately $ 195, 300 ( 5. 1%) short of the 2008 Revised Town Budget.)Excise Tax Collections Through Dec 2008 vs. Through Dec 2007: 1, 346, 564 $ 2, 029, 598 133. 7% 683, 974) Note: According to the 2008 Excise Tax Unadjusted Balances, collections came in approximately$ 53, 435 ( 3. 8%) short of the 2008 Revised Town Budget.) MTRiP Historical & Forecasting Data ( See Attached) X i Actual Occupancy for Dec 2008 vs. Dec 2007: 40% 46% 16% 12/ 31/ 08 Projected Seasonal Occupancy for Nov' 08- April' 09 vs. projected for Nov' 07- April' 08 as of 12/ 31/ 07: 37% 44% 17% transportation Data TOSV Shuttle Ridership Dec 2008 vs. Dec 2007: 105, 044 121, 200 113. 3% 16, 156 Riders) Pitkin County Airport Passengers Dec 2008 vs. Dec 2007: 27, 775 35, 808 122. 4% 8, 033 Passengers) Solid Waste Data TOSV Commercial Waste Collection Nov/ Dec 2008 vs. Nov/ Dec 2007: 102. 14 Tons 164. 91 Tons 138. 06% ( 62. 77 Tons) Water Use Data Snowmass Water & San Dist. Water Treatment Dec 2009 vs. Dec 2007: 37. 030M Gal 43. 175M Gal 114. 2% 6. 145M Gal) MEMORANDUM TO: Snowmass Village Town Council FROM: Jim Wahistrom, Senior Planner, Planning Department DATE: January 20, 2009 SUBJECT: CONTINUATION OF PUBLIC HEARING - SNOWMASS CENTER:' PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT. The public hearing for this item was previously continued from October 20, 2008 to January 20, 2009 for an on-going review of the Preliminary Plan application regarding the proposed Snowmass Center redevelopment and expansion project, pursuant to Municipal Code Section 16A-5-340, Preliminary Plan. The application involves property located approximately 150 feet north of Brush Creek Road and between Upper and Lower Kearns Roads on Parcels A and B, the existing Snowmass Center Parcel A Replat, and Parcels F, G and I of the Faraway Ranch Subdivision (Parcel plat). The Brush Creek Estates single-family area is also part of the project and is located on Parcels H and H-1 of the same subdivision behind and to the north of the Woodbridge Condominiums property. Applicant: Brush Creek Capital Holdings, LLC Representative: Scott Stenman Planner: Jim Wahistrom, Senior Planner I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The purpose of the meeting would be to consider the Applicant's request to continue the public hearing. II. SUMMARY DESCRIPTION OF PROJECT. The current Snowmass Center expansion and redevelopment, as the third amendment to the original submission of the Preliminary Plan application, more specifically involves the proposed development of: 85,002 square feet of commercial of office space (73,811 square feet leasable); A residential club of 150,848 square feet involving 51 free-market units; Residential club facilities and amenities containing 49,027 square feet; 31 restricted affordable housing units containing 19,433 square feet (12,985 square feet as mitigation); Surface and underground parking facilities holding 400 spaces The application proposes variations from buildout designations, building heights, development on 30%slopes, development within the Brush Creek impact area, and an alternative/shared parking plan. 1 III. BACKGROUND The first amendment to the application involved changes to the aerial connection, the replacement Woodbridge pedestrian bridge, and a subdivision exemption for a lot line adjustment, which was previously reviewed in 2006. The second amendment involved the Brush Creek Estates project involving four single family lots with house sizes ranging from 5,000 to 5,500 square feet, located on Parcels H and H-1 of the Faraway Ranch Subdivision Gross Parcel Plat that which was also previously reviewed in 2006. Below is a chronological list of events since 2006: February 5, 2007—The last time the core issues on the 3`d Amendment were reviewed; the hearing was then continued to March 5, 2007. March 5, 2007—the hearing was continued to April 2, 2007. April 2, 2007—the hearing was continued to May 21, 2007. May 21, 2007—the hearing was continued to June 18, 2007. June 18, 2007—Overview of the Preliminary Plan application; the hearing was then continued to November 19, 2007. November 19, 2007-Prior to the hearing continuance on this date, the Applicant's previous continuation request letter made reference to a proposed 4'" amendment, which was submitted November 6, 2007 and then withdrawn November 8, 2007 "in response to community and staff feedback"per the Applicant. Since the Town Council did not consider the 0 amendment at that time for acceptance, the amendment was not referred for review and comments by affected referral agencies. The hearing was then continued to March 18, 2008. March 18, 2008—The hearing was continued to July 7, 2008. March 7, 2008—The hearing was continued to October 20, 2008. October 1, 2008—Applicant submitted 4"Amendment, with requested deferrals of certain updated submission items. October 20, 2008—The Applicant requested continuation of the public hearing to January 20, 2009. October 21, 2008—The Applicant recalled their 0 Amendment submission for the purpose of updating the application amendment pursuant to comments received at the hearing on October 20, 2008. IV. APPLICABLE REGULATIONS Municipal Code provisions, which regulate the review process for land use applications, include Section 16A-5-250, Action by decision-making body. Subsection '(2)d' specifically states: Continuation of public hearing. The body conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time and place. An applicant shall have the right to request and be granted one (1) continuance. All subsequent continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown" (emphasis added) 2 If another amendment to the application is subsequently submitted by the Applicant, then "such request shall be made in writing and presented to the Town Council during the public hearing," according to Municipal Code Section 16A-5-340(k), Amendment. V. OTHER HEADINGS RELATED TO THE TOPICS See the attached correspondence dated January 9, 2009 from the Applicant indicating their request to continue the public hearing to June 15, 2009. VI. SUMMARY OF STAFF RECOMMENDATIONS AND FINDINGS Since the initial public hearing before Town Council was scheduled on February 21, 2006 and because there have been lengthy public hearing continuances in the past, Staff has before recommended that Council consider closing the public hearing. However, considering that the Applicant submitted a 41° Amendment on October 1, 2008, then recalled the application amendment for the purpose of updating it in response to comments received at the October 20, 2008 hearing, the Applicant requests additional time mainly due to outside influences involving the financial markets. In addition, amendment requests need to be considered during the public hearing. Therefore, Council may consider granting the request for another continuance of the public hearing provided the Applicant has satisfactorily justified good cause shown for granting a continuance of the hearing. Staff recommends that the public hearing be continued to an appropriate time when an amendment could be considered in full. 3 r REL,ATED WESTPAC January 9, 2008 RECEIVED Town of Snowmass Village Town Council JAN 0 y 2009c/o Jim Wahlstrom 130 Kearns Road Snoxarrass Vdine P.O. Box 5010 WM*IW Snowmass Village, CO 81615 Re: Snowmass Center Redevelopment—Request for a Continuance Dear Honorable Council Members, Given the current uncertainty within the world.Financial markets, Brush Creek Capital Holdings, LLC respectfully requests to continue the public hearing of the Snowmass Center Redevelopment Plan until June 15,2009. The additional time will result in a better understanding of the global economic situation and it's associated impacts to the real estate markets within Snowmass Village. It is important that the Council and community comprehend these impacts prior to evaluating the proposed amendment to the Snowmass Center Redevelopment Plan. Thank you for your time and consideration regarding the continuation of the public hearing. Sin rely, Scott Stenman VP of Development cc: Patrick N. Smith Mark Boekenheide Dwayne Romero Jim D'Agostino John P. Irwin Grant Melius P.O. Box 6565, Snowmass Village, CO 81615 970-922-0556 fax 970-922-0561 MEMORANDUM TO: Town Council members FROM: Chris Conrad, Planning Director, and Jim Wahlstrom, Senior Planner DATE: January 20, 2009 meeting SUBJECT: FIRST READING OF ORDINANCE NO. 2, SERIES OF 2009 - CONCERNING A MINOR PUD AMENDMENT REGARDING BASE VILLAGE BUILDING 8. This meeting is for purpose of beginning a review of the proposed changes in Building 8 via a Minor PUD Amendment application dated November 18, 2008 in conjunction with considering first reading approval of the enclosed ordinance, pursuant to Municipal Code Section 16A-5- 390, Amendment of Final PUD. Building 8 is proposed on Lot 3 of the Base Village P.U.D. Final Plat and generally situated toward the southeast of the intersection of Wood Road and Lower Carriage Way. Applicant: Base Village Owner, LLC, as consented by Related WestPac, LLC Planner: Jim Wahlstrom, Senior Planner I. PURPOSE AND ACTIONS REQUESTED OF TOWN COUNCIL_ The purposes of the meeting are to: a. Conduct a detailed review of the proposed changes in Building 8; b. Consider the comments and recommendations of the Town Staff; c. Consider the comments and recommendations of the Planning Commission per attached Resolution No. 5, Series of 2009; and d. Consider review and action on the first reading of Ordinance No. 2, Series of 2009, which may be amended at the meeting. II. BACKGROUND. During the Planning Commission review last fall 2008 of the Base Village Sketch Plan that involved Buildings 2C, 5, 8, 9AB and 10AB, there was discussion concerning whether the Building 8 changes should be separated again into an individual Minor PUD Amendment, as similarly submitted in spring 2008. The Planning Commission and the Applicant, due to outside influences by the financial markets, did not consummate the Sketch Plan review, and the Applicant subsequently submitted a Minor PUD Amendment for Building 8. The last meeting to review the Sketch Plan was on October 15, 2008. On October 20, 2008, the Applicant submitted an administrative modification to Building 8 proposing minor interior changes on the P1 through P3 levels, the Village level and the second level of the structure. The application was discussed with the 1 Town Council during the November 17 meeting. The application was administratively approved with conditions via Record of Decision #31 on November 24, 2008. The changes did not materially affect the primary usages, square footages or the exterior appearance of the building. On December 2, 2008, the applicant submitted another administrative modification in order to increase the unit equivalency in Building 8 as a result of the proposed expansion of the upper fourth level units into unused portions of the attic and below the roofline. The request was submitted and reviewed by the Town Council on December 15, 2008, in conjunction with another amendment and unit equivalency changes in Building 13B. At that meeting, Council separated the action on the two buildings and approved at first reading an ordinance related to the Building 13B amendments only. Council did not act on the proposed changes in Building 8 as there were outstanding concerns about when and how the adjoining Building 7 might be built including the timing thereof. The second reading of the ordinance related to Building 13B occurred on January 5, 2009, but final action was deferred to January 20, 2009. This report specifically addresses the Minor PUD Amendment application for Building 8 submitted November 18, 2008. The Minor PUD Amendment includes the unit expansion changes on the fourth level and the unit equivalency increase as described above in the second, separate administrative modification application described above that was not acted upon. The Applicant submitted a supplemental package of material on January 15 including a proposal for how they intend to address problems identified by staff relating to the clinic patient transfer area and an amendment proposal to accommodate the additional 323 square feet of required employee housing; however, the supplemental information could not be reviewed by staff before the packet deadline and the modifications constitute amendments that cannot be fully considered until accepted as an amendment at the February 2 Town Council meeting. The Ordinance will then need to be modified to respond to the amendment. Staff has provided a set of the supplemental information in the Town Council boxes but clearly does not believe that they be referenced within the Ordinance until formally accepted as amendments to the application. Staff comments concerning the material provided will be included within the February 2 Town Council packet staff report. 111. SUMMARY DESCRIPTION OF PROJECT. A summary of the proposed changes in the Minor PUD Amendment application for Building 8 includes: Level P3: 1) Enlarging the lobby area from 1,550 to 2,136 square feet; 2) Enlarging the back of house area by occupying the space beneath the pool deck; Level 172: 1) Relocating the fitness center from Level P2 to Level P1 and utilizing the P2 space for back of house service area; The fitness center would replace the room service kitchen previously located on Level P1 adjacent to residential units; The 2 room service kitchen would be incorporated into the restaurant space on the Village level; 2) Adding an egress corridor between the back of house, clinic and the Mountain Club that would exit on the southeast side of the building; 3) Reconfiguring the pool to a formal layout, similar to what was proposed in the Final PUD; 4) Adding a second egress by way of stairs from the pool deck to the Wood Road level; 5) Closing the slab or clerestory area and relocating an employee unit from the P1 level to this P2 area located above the lobby; By relocating the employee studio unit, the affected P2 area would become two studio units and increase the employee housing mitigation square footage from 1,000 to 1,116 square feet; 6) Adding a side entrance and loading platform for emergency personnel circulation next to the Clinic space; Level Pi: 1) Relocating the Fitness Center from the P2 to the Pi level (see Item #1 above under the P2 level); 2) Converting the previous employee studio unit on the P1 level into a free-market lock-off of Unit C-6; This would increase the lockoff count to 20 lockoffs, after the administrative modification Record of Decisions #8 and #31, the same count as represented in the original Final PUD approval; This change would also increase the unit equivalency for the C-6 unit from 0.65 to 1.15 U.E. Fourth Wh) Level: 1) Expanding portions of the E-1 unit under the existing roof line; 2) Expanding the E-1 and E-2 units into unused attic space under the existing roof line; 3) The above changes would increase the fourth level floor area by 1,073 square feet and the resulting unit equivalency from 13.85 to 16.05 U.E. Roof Plan: 1) Providing roof plans since Record of Decision #8; 2) Increasing elevator shaft height on south village plaza side by 5.08 feet to accommodate ventilation equipment; 3) Adding a mechanical vent; 4) Changing roofing material at five secondary dormers from copper to asphalt shingles; Nine main dormers to remain clad in copper; 5) Eliminating the elevated section between the two copulas on the main roof ridge; Building Elevations: 1) Modifying window sizes, styles and location slightly on affected elevations, mainly due to interior changes and mechanical features; 2) Adding the egress stairway from the pool to the Wood Road level; 3) Adding a balcony to the residential Unit C-6 below the restaurant; 4) Changing the Clinic garage entry from one to two doors and adding a clearance sign; 5) Redesigning the wall around the pool to incorporate a terraced treatment with landscaping and trees in between the stepped stone walls; 6) Adding a canopy at the porte-cochere entrance; 7) Adding a canopy at the pedestrian entrance to the Clinic off Wood Road; 8) Revising window configuration for Unit C-6 along with illustrating the balcony; 3 9) Adding louvers to the fenestration design on the building at the Clinic area; 10)Removing four windows beneath the ski-under bridge that connect the village plaza areas; See the table provided below to compare the changes for Building 8 side by side: BUILDING 8 COMPARISON OF CHANGES Category Last Approval in Minor PUD Net Final PUD, Amendments Change Adm Mod#8, or Adm Mod#31 Gross Building Floor Area 92,386 SF' 95,839 SF 3,453SF Residential area 64,514 SF 65,737 SF 1,223 SF Area of Units 54,219 SF 55,488 SF 1,269 SF Shared/Common/Amenity Areas 10,295 SF 10,249 SF 46 SF Service Areas 7,537 SF 10,587 SF 3,050 SF Retail & Restaurants ace 3,549 SF 3,882 SF 333 SF Skier Services Mountain Club 5,608 SF 5,210 SF 398 SF Community Services Total 11,178 SF 10,423 SF 755 SF Clinic 5,921 SF 5,629 SF 292 SF Future Unentitled Space 5,257 SF 4,794 SF 463 SF Number of Units free market 27 27 0 Unit Equivalents 43.15 44.85 1.70 43.2 in AA#31 Average Unit Size 2,008 SF 2,055 SF 47 SF Number of Bedrooms 52 53 3 Number of Lookoffs 17 19 2 20 w/Final PUD Employee Units in Building 1 2 1 Employee Housing Requirement 12,047 SF 12,297.8 250.8 Final PUD Employee Housing Mitigation at Bldg 578 SF 1,116 SF 116 SF 1,000 SF with from Final Final PUD) PUD Main roof ridge elevation —Building 8 8481' 8481' 0 Maximum building height in feet at copula—measured from existing grade 111' 111' 0 Maximum building height in elevation — measured at cupola 8491' 8491' 0 Plaza side at elevator tower— measured from finished grade) 56' 58' 2' Plaza side in elevation 8482' 8484' 2' Wood Road side— Roof ridge(Pt. 'A') from finished grade in feet 85.0' 86.08' 1.08' Wood Road side—Roof ridge (Pt. 'A') 8477' 8476'-2"0.92' in elevation) garage elevation lowered 4 Parking Required (Total)113 112 1 minimum) not including unentitled space) Parking Provided (Total)116 114 2 some shared) not including unentitled space) Breakdown of Parkin2 Requirements and Provisions by Usa e: Parking required: Each Unit 21 21 0 0.75 rate per Base Village PMP) Parking Provided for Units 21 21 0 Parking required: Each Emp Unit 1 2 0 1 per unit per Base Village PMP) Emp = Employee Parkinq Provided for Emp Units 1 2 1 Parking required: Clinic @ 5,921 SF 20 19 1 Facilities @ 1:300 Parking Provided for Clinic 23 21 2 including 2 HC (including 2 HC and and 2 compact) 2 com act Parking Required: F&B"" (1:8 seats) 14 13 1 112 seats max.) (104 seats max.) assuming indoor & outdoor seats Parking provided for F&B 14 shared 13 shared 1 Parking required: Skier Services 57 unchanged 0 1:4 members or 1:300 sq. ft.) assuming 228 decreased from 5,608 to 5210 SF members Parking provided for 57 unchanged 0 skier services (mountain club) assuming 228 members Parking required: Unentitled Space Unknown Unknown 1:4 members or 1:300 sq. ft.) Usage to be at this time decreased from 5,257 to 4,794 SF determined Parking provided for Unknown Unknown Unentitled space Usage to be at this time determined SF=Square Feet UE=Unit Equivalents F&B= Food& Beverage IV. APPLICABLE REGULATIONS Amendment to Final PUD. For the proposed changes to qualify as a minor amendment pursuant to Code Section 16A-5-390(1)b, the amendments must comply with the review standards outlined below per Section 16A-5-390(3): 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 5 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. The Town Council should be satisfied that the above criteria have been met and state as such as findings in their resolution. If the Town Council cannot find that the application complies with the above stated criteria, then the proposed changes would be considered a major amendment. A major amendment to a Final PUD would be required to follow the full PUD process pursuant to the criteria for classifying a PUD review in Code Section 16A-5-300(b)(1) to determine if the amendments would first trigger a Sketch Plan review or a Preliminary Plan review. V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS TOGETHER WITH SUMMARY OF STAFF FINDINGS AND RECOMMENDATIONS Staff finds that for a Minor PUD Amendment level of review, the following core issues should be reviewed: CORE ISSUES: Floor Area: Lot 3 of the Base Village P.U.D. Final Plat, where Building 8 is planned for construction, contains 2.48 acres or 108,028 square feet. A minimum lot size variation was previously granted with the Final PUD to permit an F.A.R. of 1.29:1 as the MU-2 zoning requires a F.A.R. limit of 1:1. The varied F.A.R. of 1.29:1 allows a total floor area on Lot 3 of 139,356 square feet. The proposed floor area change from 92,386 square feet (per previous modification approval) to 95,839 square feet would increase the total approved floor area for Buildings 6, 7 and 8 on Lot 3 from 136,715 (per the Final PUD) to 139,763 square feet. Therefore, the proposed floor area would be 407 square feet more than the allotment of 139,356 square feet. The Final PUD-Guide does permit an administrative 2% increase of the F.A.R., or to an absolute maximum of 142,143 square feet; however, the Applicant did not apply for such a variation. The Applicant seeks the maximum 142,143 square foot floor area for Lot 3, and the Town Council should be satisfied that the Applicant has provided a community purpose for this variation request. In addition, there are unit square footage reduction changes in the application, but there was particular concern of the significant size reductions for the D-2 units of approximately 200 square feet. After further review, and upon usage of a light table to overlay and compare the previously approved and proposed plans, the previously 6 plans appear to have been skewed during the printing process and certain floor spaces or decks were calculated into the calculation on the previously approved plans when they should not have been. Therefore, Staff finds that the proposed plans and square footages for the unit sizes more accurately represent what is intended. Planning Commission Recommendation: While the Final PUD Guide has the availability of 2% increase of the F.A.R. by way of an administrative modification application, the request to exceed the maximum F.A.R. limit for Lot 3 was not administratively applied for by the Applicant. Therefore, the Applicant is applying at this time for an absolute maximum of 142,143 square feet as a floor area variation. In the end, the Applicant should provide a community purpose for this variation request that is satisfactory to the Town Council. Staff Recommendation: The application should only be approved to increase the FAR to 139,763 square feet for Lot 3, not 142,143 square feet, in order to accommodate the existing approvals for Buildings 6 and 7 as well as only Building 8 as proposed. Buildout/Unit Egulvalency: The application proposes an amendment to the buildout variation or increase in the unit equivalency in Building 8 by 1.65 U.E., from 43.15 to 44.85 U.E. This is a result of the proposed modification of the unit types and sizes, the additional lockoff on the P1 level, the reconfiguration of Unit E-3 on the 4`h Level per previous administrative modification, and the proposed expansions of Units E-1 (2) and E-2 into'the roof and attic space on the 4'h Level. Pursuant to past amendments to the Base Village buildings, the overall unit equivalency cap in Base Village would increase from 394.35 to 396.00 UE, including the proposed UE increase in Building 13B which is under concurrent consideration. The attached Planning Commission resolution and proposed ordinance document the recent past history concerning changes to the UE per amendments that were approved or that are being considered. The Applicant's proposed community purposes for the buildout variation increase are outlined on pages 3 and 4 of Section 1 in their.application notebook, primarily focused upon encouraging sustainable development. Planning Commission Recommendation: The Planning Commission finds that the proposed 1.65 UE increase in Building 8 and the resulting increase in the cumulative UE cap increase in Base Village from 394.35 to 396.00 UE, may be acceptable or'permissible as it primarily involves the proposed modification of the unit types and sizes, an additional lockoff on the P1 level, the reconfiguration of the Unit E-3 on the 4`h Level per previous administrative modification, and the proposed expansions of Units E-1 (2) and E-2 into the unused attic spaces below the roof line on the 4`h level. The proposed buildout variation increase for Building 8 would not appear to be detrimental to the original BV PUD provided that Applicant provided a justifiable community purpose. The original Base Village proposal's community purposes for encouraging sustainable development focused upon the provision of improved connectivity as one of the elements, including a transit facility to the central parking structure to be used 7 of the elements, including a transit facility to the central parking structure to be used by the Town shuttle and RFTA. The Development Agreement (Attached as Exhibit C" to the ordinance) provides for the timely delivery of transit and vertical circulation as previously envisioned by November 2009; however, it does not provide for full infrastructure and amenities anticipated in Building 7 (Arrival Center) by the original PUD. Without the transit facility as one of the means to encourage sustainable development for the original Base Village project, it is difficult to justify sustainable development as it pertains to the current amendment proposal without the transit facility. Therefore, the community purposes assured in the development agreement do not seem to satisfactory justify the increase in the buildout variation. Staff Recommendation: Staff agrees with the Planning Commission recommendation. Emalovee Housing: Condition #4 in Record of Decision #31 for the previous modification approval on November 24, 2008, stated: The Employee Housing mitigation requirements for the previous Building 8 administrative modification #8 were not re-calculated as the Commercial, Commercial Service Areas and Community Facilities modifications were not fully approved. In addition, the accompanying Minor PUD amendment that proposes further changes to these areas, including the mountain club or future spa area, and shall re-establish the amended mitigation requirements. The Base Village Employee Housing Agreement shall be amended to reflect the correct mitigation requirements for Building 8 following consideration of the pending Minor PUD Amendment or prior to the issuance of a Certificate of Occupancy for Building 8, whichever occurs first." For comparison purposes, the employee housing requirement and mitigation for Building 8 was calculated as follows in the Base Village Final PUD: Building 8 Employee Housing Mitigation Methodology Final PUD Ordinance 04-21 Type of Use Square Feet, Employees Employees S.F. Housing Total S.F. Square Feet) Lots or Units Generated per Generated Requirement Housing 1,000 SF or lot 45%of emps Provided unit at 448 SF/em Studio/ 11 0.38 4.18 843 1-Bedroom 2-Bedroom 21 0.76 15.96 3,218 Food 8 3,045 SF 5.16 15.7 3,168 Bevera e Clinic 4,987 SF 3.68 18.4 3,700 Skier Services 5 785 SF 0.96 5.6 1,120 Total N.A. N.A. 59.76 12,047 SF 12,047 SF 1,000 SF in Building 8 8 Staff has attempted to provide a similar table per the currently proposed changes: Building 8 Employee Housing Mitigation Methodology Proposed Minor PUD Amendment November 18, 2008 Type of Use Square Feet, Employees Employees S.F. Housing Total S.F. Square Feet) Lots or Units Generated per Generated Requirement Housing 1,000 SF or lot 45%of emps Provided unit at 448 SF/ em Studio/ 10 0.38 3.80 766.1 1-Bedroom 2-Bedroom 1 10 0.76 7.60 1,532.2 3-Bedroom 5 0.52 2.60 524.2 4-Bedroom 2 0.62 1.24 250.0 Food& 3,882 SF 5.16 20.0 4,032.0 Beverage Clinic 5,629 SF' 3.68 20.71 4,175.1 Skier Services 5,210 SF' 0.96 5.00 1,008.0 Total N.A. N.A. 60.95 12295 SF** 12,047 SF 1,116 SF in Buildin 8 Note: The Skier Services space(mountain club)would reduce by approximately 400 SF as a result of the proposed egress corridor on the P2 level. The Community Facility space for the Clinic established in the Final PUD Ordinance 04.21 indicated 4,987 SF. The proposed Building 8 changes would increase the employee housing mitigation requirement by a minimum of 248 square feet without the calculated mitigation requirement of the unentitled space. The application is providing an additional 116 SF of employee housing beyond what was previously envisioned for Building 8. The application utilizes the MF-1 job rate for the three and four bedroom units in lieu of the hotel rate, per the previous first amendment to the Base Village Restricted Housing Agreement. Ordinance No. 21, Series of 2004 (Original Base Village Final PUD approval), required that 19,010 sq. ft. of mitigation employee housing be provided within the Base Village project. The First Amendment to the Base Village Employee Housing Agreement ("First Amendment') calculated a mitigation requirement for 12,047 sq. ft. of employee housing for Building 8 and indicated that 1,191 sq. ft. would be provided within Building 8 (See Exhibit "A" as attachment 1). Staff and the Planning Commission have previously recommended that any additional mitigation floor area.required by recent Minor PUD Amendments above the amount specified within the First Amendment be provided within the building. The exception being that the additional housing required by Building 13A was allowed to be mitigated within Building 136. This would indicate that the Applicant would need to provide 323 sq. ft. of additional Employee Housing (1,191 sq. ft. per First Amendment minus 1,116 sq. ft. being provided by proposal plus 248 sq. ft. shortfall per the above chart) within Building 8 The Applicant submitted an amended design on January 15 to accommodate the additional 323 square feet; however, the amendment cannot be fully considered until accepted as an amendment at the February 2 Town Council meeting. To further complicate the employee housing mitigation requirement for Building 8 is the fact that the building contains 4,794 sq. ft. of space that has yet to receive use approval by the Town. An additional 928 sq. ft. of employee housing will be required 9 if the area is calculated as a spa. The ASC has submitted an application proposing to allow the space to be used for a Spa associated with the Mountain Club. They propose utilizing employee floor area credits acquired by the Snowmass Land Company when the Base Village area was purchased. Further comments will be provided at the meeting. Planning Commission Recommendation: The Applicant should propose to the Town Council's satisfaction where the additional 323 square feet of employee housing needed would be located or mitigated. The additional employee housing square footage provided should not be considered a community purpose, as proposed in the application, because it does not provide employee housing over and above the square feet mitigation requirement pursuant to the Municipal Code criteria for accepting community purposes. In addition, the Applicant should comply with the restrictions concerning the initial sales price, rental rates, and assessment provisions for the two mitigation employee housing units within Building 8. The units should be filled by the Town's Housing Office pursuant to the 'Town's Housing Office Policies and Procedures' as may in effect from time to time. Staff Recommendation: . Staff agrees with the Planning Commission recommendation, and pursuant to the asterisked notations below the above chart, Written comments and staff recommendations regarding the amendment proposal submitted January 15 will be included within the February 2 Town Council packet. Skier Services: As noted in the comparison table above, Skier Services space for the planned Mountain Club was reduced by approximately 400 SF due to the proposed egress corridor on the P2 level. Such a change could slightly affect the overall employee housing requirements and parking demand for Building 8. Planning Commission Recommendation: The proposed change to the skier services area appears acceptable. Staff Recommendation: Staff agrees with the Planning Commission finding. Vacant Unentitled Space: The unentitled space on the P1 level appears to be the same configuration on the approved plans as the proposed plans, but shows a reduction in size in the development statistics matrix of almost 500 square feet. After further review, and upon usage of a light table to overlay and compare the previously approved and proposed plans, the previously plans appears to have been skewed during the printing process, the exterior wall location was changed a bit, and a new vestibule and stairway are shown on the plans for the space. As a result, Staff finds that the proposed plans showing 4,794 square feet versus 5,257 square feet more accurately represents what is intended. The Aspen Skiing Company has submitted an application proposing that the area be permitted for use as a spa area in conjunction with their "Mountain Club". The unentitled area will be considered at that time and the square footage should 10 eventually be calculated to determine the employee housing requirement and the parking requirement during consideration of that application. Planning Commission Recommendation: No finding or recommendations were made concerning the unentitled space at this time, since the Aspen Skiing Company Minor PUD Amendment application identifying a proposed usage for the space has not yet been provided for their review and would be considered later. Staff Recommendation: The data and facts provided above are for informational purposes only at this time. Building Height: The application proposes to amend the building height variation for Building 8. The application requests a 1.08-foot increase for the roof pitch facing Wood Road near the northeast portion of the building by the clinic entrance, as a result of lowering the finished grade for the garage that in turn reduces the overall elevation height for the roof ridge at that point by almost one foot. An additional 1'-0" height variance from actual height variations approved was granted per the previous Final PUD. The Planning Director is allowed to grant an additional 1'-0" foot above that standard, which was not applied for by the Applicant. Therefore, this variance request appears to fall within or consistent with the previous parameters for requested height changes.. The second height variation change involves the elevator shaft on the south pedestrian plaza side of the building. The height for the affected roof element would increase by 5.08 feet from 52 to 57.08 feet above finished grade (plaza level). Staff believes this change would be difficult to observe from Wood Road or Brush Creek Road and would have a greater impact upon views from the pedestrian plaza or Fanny Hill. However, the higher elevator shaft is designed as a tower or copula feature that might enhance the architectural design on the south side of Building 8. Planning Commission Recommendation: Planning Commission finds that the first height variation modification of an additional 1'-0" height variance from actual height variations approved appears acceptable pursuant to the 'encourage better design' community purpose offered by the Applicant, and it is recommended that the variation be granted. Concerning the second height variation change, Planning Commission finds that the height increase for the elevator tower (to 8484'-0") is approximately two-three feet above the main, highest roof ridge (at 8481'-2") for Building 8 and that it would likely be difficult to observe from Wood Road or Brush Creek Road and would have a greater impact upon views from the pedestrian plaza or Fanny Hill, and the views from surrounding properties would not be substantially adversely affected. The higher elevator shaft, as a result of the needed room for ventilation purposes, appears designed as a tower or copula feature that might necessarily enhance the functional design on the south side of Building 8 in terms of being compatible with the height, mass, scale, orientation and configuration with other structures in the PUD and with adjacent structures, and therefore appears acceptable. Staff Recommendation: Staff does not object to the Planning Commission recommendations. 11 Architectural Building Elevations: Staff recommends that the Applicant submit a material/color sample of the proposed awning at the porte-cochere and the Clinic entrance. Any signs proposed would need to follow the Comprehensive Sign Plan for Base Village by submittal of a sign permit to the Town. Planning Commission Recommendation: The proposed modifications to the Building 8 architecture appear insubstantial. However, the Applicant should submit a material /color sample of the proposed awning at the porte-cochere and the clinic entrance, including any signs or lighting proposed, for review to the satisfaction of the Town Council. Staff Recommendation: Staff agrees with the Planning Commission findings and recommendation. Landscape Plan: The landscape plan in the application does not match the plant material legend provided. The plans were determined as cropped from a larger plan area that included Buildings 6, 7 and 8 in the construction set. However, if this is done, then the plant material legend.should correspond to the planting plan provided for review purposes. The Applicant plans to modify this portion of the application and resubmit revised landscape plans for review on January 14, 2009, which have yet to be received or review by Staff as of the writing of this report. Staff will attempt to conduct a review of the updated plans prior to or during the Town Council review, at least prior to the February 2, 2009 scheduled hearing and second reading. Staff also recommends that the Applicant submit a Phase II final landscape plan for Base Village pursuant to Condition #2 in Ordinance 21. See the language in the attached ordinance under 'Landscape Plan.' Planning Commission Recommendation: The proposed planting plans for Building 8 and the surrounding areas, including the landscaped design on the terraced stone walls in front of the pool deck appear consistent with the planting plans on the building construction plans for Building 8 and the Final PUD and therefore appear acceptable. The Applicant should be encouraged to submit final landscape plan drawings for the Phase II area in Base Village for final staff review and approval in accordance with Condition #2 in Ordinance No. 21, Series of 2004. Staff Recommendation: As of the writing of this report, Staff has not yet received enlargements of the landscape plan set that are anticipated January 15, 2009. Staff requests additional time to review the plans for consistency with the previous construction plan set or the Final PUD and would present our findings at the February 2, 2009 meeting. Staff agrees with the Planning Commission recommendation for a final Phase II landscape plan pursuant to the original ordinance approval. Parking: Staff was seeking specific information on the number of indoor and outdoor seats for the restaurant as the application only made reference to 104 seats. The Applicant has indicated that it is premature to submit a restaurant layout or seat count, and they would not amend the parking assumptions in the Base Village parking 12 management plan, which are 1 space for each 8 seats for food and beverage uses, Staff has instead calculated the parking based upon 104 seats as stated in the application, assuming they include both indoor and outdoor seats. In addition, the Applicant should demonstrate whether the 1,020 restaurant seat cap in the core has been met or provide the current status of seating counts thus far. Staff requested that the Applicant explain or illustrate where the extra parking space for the new employee unit on the P2 or P3 levels would be located in the parking garage. The Applicant has explained that the parking requirement for the residential and employee housing units in the Base Village core are under the residential parking provision (164 spots) by six spaces without illustrating where employee parking would be located. Staff maintains that each of the employee housing units must have a designated parking space reasonably proximate to Building 8. The Applicant should also account for the parking requirements of the employee housing units. Therefore, the parking space for the extra employee housing unit in Building 8 as well as all other employee units should be identified on the parking garage plans. See the ordinance under 'Parking' for language concerning findings and conditions, Planning Commission Recommendation: The parking provisions to meet the demand for Building 8 and its amendments at this time appear acceptable. However, even though the residential parking in the garage amounts to 164 spaces and the existing and approved residential of 196 units in the core requiring 147 spaces plus the 11 existing and approved employee units in the core requiring 11 spaces are below the residential allocation, it is recommended that the Applicant document the location of the parking space for each of the employee units as well as where such spaces would be allocated among the provision for 12 employee unit parking spaces, per the parking management plan, within the designated residential parking areas in the garage to the Town Council's satisfaction. Staff Recommendation: Staff agrees with the Planning Commission findings and recommendations. Clinic Staging Area: Staff inquired whether the Applicant is planning on submitting alternative designs for the clinic staging area (i.e., 'patient transfer platform') as similarly done in their October 15, 2008 presentation of the Sketch Plan during the Planning Commission review. The Applicant has stated that they have met with the Snowmass-Wildcat Fire Protection District, the Snowmass Ski Patrol and Orthopedic Associates. The Applicant met with them on January 13`h and hopes to submit a final plan to the Town by January 15, 2009. Such a plan has not been provided for Staff review as of the writing of this report and such a submittal would provide inadequate review time prior to the planned initial reading of an ordinance by Town Council on January 20, 2009. See the language in the ordinance under 'Fire District Issues,' which represents the current comments from the Fire Department. Any alternative proposal will need to be considered by the Town Council on February 2 as an amendment to this application. Staff comments will be provided at that time. Planning Commission Recommendation: Planning Commission recommends that the Fire District's outstanding concerns be addressed to the satisfaction of the Town Council, including the involvement of all affected parties affected as well as obtaining a letter from the Ski Patrol, prior to the issuance of a building permit for any remaining portion(s) of the Building 8 structure. 13 The Planning Commission also noted that the clinic space, designated as Community Facilities" in the original PUD, is proposed to be reduced in size from 5,987 square feet, as approved in Record of Decision No. 8, to 5,629 square feet. The reduction occurs in order to improve emergency access to the clinic and to provide a corridor to create a necessary second access point to the employee units on Level P-2. The Planning Commission finds the necessary reduction in square footage to be acceptable. Staff Recommendation: Staff agrees with the Planning Commission findings and recommendations, but any alternative proposals would need to be reviewed at the following meeting since such a plan was not provided as of the writing of this report. Emergency Access Drive: Due to the proposed egress corridor on the P2 level, which has the affect of reducing the mountain club space by approximately 400 square feet, Staff subsequently inquired whether the emergency drive for the clinic might also be utilized as a loading area for Building 8, and if so, that it would surely require further screening. Staff understood earlier that all deliveries for Base Village buildings would occur at the loading facility at the west end of the transit garage. The Applicant indicated that they do not intend to utiliie that drive for service and delivery trucks for Base Village or the Little Nell, and they propose that the drive be restricted to use of the community facility space. It is staff's understanding that the Fire District wants a gate placed at the entrance so that the drive will be accessible for emergency access only. Further comments will be provided February 2. Plannino Commission Recommendation: Planning Commission recommended that the emergency access drive for ambulances and related emergency equipment be restricted for the usage of the clinic space only. Staff Recommendation: Staff agrees with the Planning Commission recommendation. Timing: Considering that the land use review process for these amendment requests could potentially be longer than anticipated, the Applicant should revise the timetables in their construction management plan and the phasing in the PUD for future building construction, including adjacent Building 7 (Arrival Center). Pursuant to the 2008 Construction Management Plan (CMP) Amendment, Buildings 4AB, 5 6, 7, 8, 9AB, 9C and 11 were to have begun construction between April 14, 2008 and November 27, 2008. At the time the 2008 CMP Amendments were approved, Council only granting the timing, phasing or CMP changes up to April 2009. The 2007 CMP Amendments were approved to show the completion of Building 7 by November 2009 and Building 8 by April 2010. Planning Commission Recommendation: The Planning Commission finds and would like to point out that Building 7 was to be built and operational by November 2009. Therefore, it is imperative that the construction management plan be amended by April 2009. 14 The Planning Commission finds and would like to point out that Building 7 was to be built and operational by November 2009. Therefore, it is imperative that the construction management plan be amended by April 2009. Staff Recommendation: According to Condition #17 in Record of Decision #23 approved March 31, 2008 for the Applicant's 2008 construction management plan amendment, it stated: Despite surface changes that might occur around Building 7, the Town Council directed at a meeting on March 18, 2008 that a building permit for Building 7 (Arrival Center) should be issued, subject to review by Staff, and the building constructed as soon as practical in efforts to open the facility by November 26, 2009. The Applicant shall be diligent and timely in submitting a land use application to the Town concerning any proposed modifications to the surface or site plan arrangements in front of Building 7, including access/circulation provisions, landscaping, water feature, related design details, and parking arrangements due to the loss of parking beneath Building 2C." According to Building Department information, a building permit for Building 7 was issued on June 11, 2008; and a permit for the Building 8 foundation related to the adjoining parking garage was previously issued. Recognizing that the current Base Village CMP expires in April, it is essential that a CMP amendment application be submitted as soon as possible and staff recommends that the Applicant provide a firm deadline for when it will be submitted. Development Agreement related to vertical circulation in Building 7; The Applicant has submitted a Development Agreement titled "Building 7 Essential Public Facility" and it has been included as Exhibit "C"of the ordinance. Performance of the terms and conditions are subject to whether they are able to receive timely approval of this Minor PUD Amendment for Building 8 and a Subdivision Exemption application permitting Lot 3 to be split into two (2) lots with one containing Building 8 and the other containing Buildings 6 and 7. The Subdivision Exemption is scheduled for consideration at the February 2 Town Council meeting. Please be advised that the proposed lot containing Building 8 will require a variation of the maximum floor area limit to permit a 65,839 square foot Building 8, as would be permitted by this Minor PUD Amendment, when the maximum limit of 65,183.18 square feet would be the limit pursuant to the current 1.29:1 floor area ratio established by the Base Village PUD. The Subdivision Exemption application does indicate that the lot split is necessary for financing purposes. Staff is exploring whether the lot split could be considered temporary in nature whereby either lot may only be conveyed if necessary as the result of a foreclosure. It may then not be necessary to amend the PUD for Lot 3 to permit the increase in the floor area ratio for the parcel containing Building 8. If the variation is determined to be necessary, staff would propose that Ordinance 2 being considered at this time be amended on February 2 to include this variation request. Please note that the "Scope of Work" stated on Page 1 of Exhibit "A" does not describe the Temporary Arrival Center or clearly specify that the Transit Facility, 15 including Transportation Department operational office space, will be completed in full accordance with the requirements of the original Base Village PUD. The Applicant has submitted a document titled "Conceptual Budget Report' to estimate the cost of constructing that improvements necessary complete the vertical circulation proposed by the Development Agreement. Planning Commission Recommendation: The Planning Commission recommends that such proposal for the vertical circulation from the transit garage to the village pedestrian level be designed in an interim fashion acceptable to the Town Council and recognizes that the Village Level Arrival Center Building will require further design specific approval. The Planning Commission further finds that because there are numerous infrastructural accommodations (such as substantial public toilet facilities, arrival accommodations, etc.), a mechanism should be found whereby there is certainty that Building 7 is completed as approved, or as may be amended, in a timely way. Staff Recommendation: Planning and Transportation Department staff intends to provide further comments at the meeting. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments: 1. Exhibit "A" of the First Amendment to the Base Village Restricted Housing Agreement. 2. Planning Commission Resolution No. 5, Series of 2009. 3. Ordinance No. 2, Series of 2009, including Exhibit"A" of the Snowmass-Wildcat Fire Protection District's current review comments and Exhibit "B" of the Applicant's proposed Development Agreement involving the vertical circulation component in Building 7 (Arrival Center). Separate Handout: Application notebook dated November 18, 2008 together with 11" x 17' drawing set illustrating the proposed changes. Supplemental Package submitted by the Applicant on January 15. 11" X 1 T' copies of Exhibit "A" of the Development Agreement CFC/PCL "Conceptual Budget Report" to complete the vertical circulation proposed by the Development Agreement. VII. NEXT STEPS Next Steps include: Conduct a public hearing on February 2, 2009, as advertised in advance, together with the second reading of the ordinance. 16 ATTACHMENT Amended Exhibit 'A' of Base Village Restricted Housing Agreement BM*Yaw SF.fbuaag SF HousNp SF,fbueb0 SF.ikwdp SP.ASC Tdd SF. type olUte/$Qwm FOeQ Squaw Feet, cenmOtedFer EmpfOfeea 5%of nwnl Houldodel %W&dd P=09daf HwsOp prom HwsaqInbaUrdb1.000 afabl/ Oewrefed p5%olmrps et SV CGI S8 Credb Prot4ded MAN 441saaavl Bu0dl,v1 swafow SwBabw 88.5.1 18.8!0 0 4040 0 0 0 f8,a0 SAdb/one Bedooro 2 0.82 as 129 T80 Bedr 8 0.42 252 605 ThwBedoan 0 0.52 112 629 CAwmr C1nf47 2484! dwabw 77.8 I 14574 OWMI Fw58et 14104 3.68 70.8 14,177 Ruh=ILGdM 7,239 a.96 _ 80 1,4af BuAft 2A 8w Wow Bw Wow _..UA__ 17,887 O 17,837 a 0 - 0 Sedo/OwBalklm 7 032 224 452 TwBallow 15 0.42 83 1,00 ThwWWI 7 0.52 154 734 Fwd dBewW 9,066 518 4B7 9,421 Re1d 2,870 4.93 18.9 z795 OISm 0 166 0.0 0 Cowrm67FaalA7 18190 0.97 15.7 Buflftr9 Sw Safew Sm Mbw - --27.39.".. 4042 3W -" 44M 0 876- - 0--- - -402! Sbtlb/Ow Bedroom 19 037 508 1,226 TAO Badman 4 0.42 1.68 339 lhw aedoan 2 0.52 L04 210 Fwd dtbwlee 1,011 510 S2 1,052 ROW 178,483 114 Legs afwv 2C swOdOw sw0abw tan A385 2,117 0 0 1,238 0 4388 SWO/Om Bldmm 10 d32 12 615 TWO B4doern 9 0.42 178 762 TWOaedOdn 4 0462 200 419 Reid 1,001 4.83 7.7 _ 1,559 9uWfiv7ABC 1z204 Srbbw 11L5 11,692 a 0 0 11,593 0 11,892 Food d Bewage 4607 5.16, 439 8.049 S f SW*w 597 188 138 Z743 SuOdap mE 2,197 so bebw 4a3 4125 0 0 0 4125 0 4125 Fwdd9euwap 4045 518 no 4808 Reid 1,552 4.03 5 1,316 Nhv e' Sw WOw sweebv 17.11 7411 a 0 0 4481 0 440 7LOe.domr a 004 21 423 TheeBeaOan 4 0.52 zoo 418 Poe 2617 515 _ 130 618 B91ary7' dd- Wbdm 8weabw 0.07 I'me Loa 0 0 206 0 - -" Law TWO Bedroom 2 0142 a84 109 Thw 9adow 5 a52 20 524 FwBeda I a62 0.82 126 FeOddBeweOe 785 0410 4.1 817 SkMswdoat 899 dw a0 111 Bu 8°on Waw so WOw 6476 imp 1,191 0 0 f0,M1 0 tLw add/Ono sedow 11 a31 4.18 843 TwOBadm, 21 0.76 We 218 Tlaee8edoaa 0 au 0 0 FOa9eloWM 0 0.62 0 0 FmddBrMap 3,045 5.10 187 4168 G1* 4,987 3.88 18.4 3,700 SwSW*U 6,785 a98 5.6 1,120 spe 0 a98 0.0 0 C74d5•EdSOspA*IM.adg .•11.951 163 as 44708 0 0 0 •10.205 0 70407 h•Esht0rp21eeutrtinhr .4100 add 1311 4045 lair 0 0 6 1445 0 4,646 0 7- SwSwbSwWOw S"Wow 110.4 262 zta 0 24004 a a 2%M dpan 110 0.38 41.8 0.127 doan 31 0.78 2356 4,750 dmro 9 0.52 4,68 94J dman 2 ad2 1.24 260 1577 676 39.1 7882 Saa abw SwWOw 881 7177 2,925 0 4701 7,877 edpan 42 0.98 18.0 218 edpan 25 0.76 19.0 Am Tow Bedpan a a52 11 me BuBdeiy 4AB sw641ew S"WOW 2459 4,331 0 0 I,S7f 0 0 4081 50do/Oa BadOom 1 0.32 0.72 65 two9edoan 2 0442 1184 169 Tlree BNOan 7 045:. .. - ROW 203 _ 108098- 4.13._. 2043 1080 WBdlig6 -- -- Sw WOw r"Sw WOw 3470 11,804 x648 - 0- 2,321 ate_. _.. .0-- ---IIAU-. dD/Ow Bedmm 5 0.32 1.0 323 TWO 9edoan 42 0.42 17.84 3,658 Thw Mom 10 aS2 5.2 1,048 Reld 4433 I 483 31.1 4204 SdnSwWmsrtWwt! 4745 a90 2.6 631 ReYmam 511 0.98 0.8 112 tArBOhp 6AB 418 SwOWw 7.1 1479 0 -"0 0 RUaI._ .t}Z@... ..-d.AL.. - _. A...._ _...148 dllhp lC 1484 on Wow 80 1,001 0 r 0 0 11801 ? --0 1,007 Refe1 1031 1.83 50 Low 6.96 0 0 0 m 0 677 zsoa _'Mace enmm: `-:v Pnaw 6o ima ifaral alo aw6'a I 2i ;4't4s i 6ei l c* b _Ili C , 2.IlY 3J Tad 143 fOLVI Sal Oabw Saa Dabw "A 4116 1pa3 0 0 I 36032 0 1,116 SsJ*/OnO s6ftm 7 031 221 132 TwBe«mm 30 012 128 7,540 052 flu f6; n6:i oC 'y1J$e0`3tio'9oti`lC3ea5c9va7i.R 02 1 12113 t501o 11 38343Al9 31;T.00 [io8xo) olf 1 ix>•2 tFna6"Ur ..,N• Iscohalawl 6aeealow 8 rro o b. o fCsi 24o rrbi F Su86b81wa So Odow Saa Oabw I 311.20 I 7,767 4000 I O 0 up r,HO 7,/01 SkdD/OM Softwn 29 0.32 9.28 1,871 Twsodn:fun 28 0.12 11.76 2,371 Tiea99rW«n 33 o.62 17.10 1109 PhaseFir9 she 61097 o o a ssso. 12 Saa bobw Saa b110w 7062 13.W 0 0 O 0 1330 3,330 shdo/OweAam is 0.32 4.8 968 TWO&d 8 012 7.58 I 1,571 f r6+a sao*6hova» aresn .-aaassr e+sz ass sew rzs a sieim roesaoa e ea sz 3ss MlW wn po9wrynwumemanl«M1wa ln&/tlinpl wO FdWed in No weOo pewratbn mmam wa n«eweaaeueperab ham FuWm rent WU in WI&a 8 is e«kmkfte In 9w Wbftbona Wmw Wiles In Su99p 13A am 9a3We8 M 0e Oowl 9wwf«lon reue m w rat f5Wof a seWdO Item ATTACHMENT 2 TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION NO. 6 SERIES OF 2009 A RESOLUTION PROVIDING THE PLANNING COMMISSION RECOMMENDATIONS REGARDING THE BASE VILLAGE MINOR PUD AMENDMENT APPLICATION FOR BUILDINGS 8. WHEREAS, the Base Village Final Planned Unit Development ("BV PUD") was approved by Town Council Ordinance No. 21, Series of 2004 (°Ordinance 21"); and WHEREAS, the Base Village Planned Unit Development Guide ("PUD Guide"), attached as Exhibit "B" of said ordinance, sets forth the zoning and development parameters for the individual buildings and lots within the BV PUD; and WHEREAS, the Base.Village Owner, LLC ("Applicanf'), as consented by Related WestPac, LLC ("Owner"), submitted a Minor PUD Amendment application concerning certain modifications to Building 8, as determined to be complete on December 15, 2008, including in summary: a) enlarging the lobby and back-of-house (BOH) area on the lower P3 level, b) relocating the fitness centef from the P2 to the P1 and utilizing the P2 space for BOH service area, so that the fitness center would replace the room service kitchen previously located on the P1 level; c) adding an egress corridor between the BOH, clinic and the Mountain Club on the P2 level exiting on the southeast side of the building; d) reconfiguring the pool back to a formal layout; e) adding a second egress by way of stairs from the pool deck to the Wood Road level; f) closing the slab or clerestory area above the lobby area and relocating an employee unit from the P1 level to this P2 level area resulting in two employee studio units on the P2 level thus increasing the employee housing mitigation square footage from 1,000 to 1,116 square feet; g) adding a side entrance and loading platform for emergency personnel circulation next to the clinic space; h) converting the previous employee studio unit on the P1 level into a free-market lock-off of Unit C-6 thus increasing the lockoff count to 20 and the unit equivalency for the C-6 unit from 0.65 to 1.15 U.E.; i) expanding portions oftheunitsonthetop4levelintounusedatticspaceundertheexistingrooflinethus increasing that level's floor area by 1,073 square feet and the resulting unit equivalency from 13.85 to 16.05 U.E.; j) increasing elevator shaft height on south village plaza side by 5.08 feet to accommodate ventilation equipment, adding vents, k) changing roof material at 5 secondary dormers from copper to asphalt shingles and eliminating the elevated section between the two copulas on the main roof ridge; 1) building elevation changes modifying window sizes, styles and location slightly, adding an egress stairway from pool level, adding a balcony to the residential Unit C-6 below the restaurant, and adding louvers to the fenestration design; m) redesigning the wall around the pool to incorporate a terraced treatment with landscaping and trees in between the stepped stone walls; n) changing the clinic garage entry from one to two doors and adding a PC Rego.09-05 Page 2 of 9 clearance sign; o) adding a canopy at the porte-cochere entrance and at the pedestrian entrance to the Clinic off Wood Road; p) revising window configuration for Unit C-6; and q) removing four windows beneath the ski-under bridge that connect the village plaza areas; and WHEREAS, the Applicant requests a modification of the height variation limitations to provide ventilation equipment for the elevator tower located on the pedestrian plaza or south side of Building 8; and WHEREAS, said application is more fully described within the application notebook and supplemental 11" x 17' drawings and information dated November 18, 2008; and WHEREAS, a public meeting was scheduled before the Planning Commission on January 7, 2009 together with a special meeting on January 14, 2009 to receive an initial presentation by the Applicant and begin review of the application and to hear the recommendations of Town Staff; and WHEREAS, the supplemental information submitted by the Applicant occurred on January 9, 2009 primarily in response to previous Staff comments and the core issues identified in the staff report for the meeting on January 7, 2009; and WHEREAS, the Applicant amended the application on January 12, 2009 with the submission of a Development Agreement titled "Building 7 Essential Public Facility', attached hereto and incorporated herein by reference as Exhibit "B", for review by the Planning Commission during the January 14, 2009 meeting; and WHEREAS, said application was considered by the Planning Commission pursuant to Section 16A-5-390 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Town of Snowmass Village, Colorado: Section One: General Findings. The Planning Commission generally finds: 1. The Applicant has submitted sufficient information pursuant to Section 16A-5-390 of the Municipal Code to permit the Town Staff and the Planning Commission an adequate review of the proposed Minor PUD Amendment. 2. Except as noted within Section Two below, the application seems compliant;with the applicable review standards specified within Section 16A-5-390(3) of the Municipal Code. Section Two: Specific Findings and Recommendations. The Planning Commission specifically finds and recommends as follows: PC Reso.09-05 Page 3 of 9 1. Consistent with the original PUD. The proposed modifications must be found to be consistent with, or an enhancement of, the original PUD approval. Lot 3, Base Village Planned Unit Development, contained Buildings 6, 7 and 8. The variations requested for the original building were represented as being necessary to provide "hotel-like H.O.T. beds". The units were "designed and programmed to be H.O.T. beds by virtue of, (a) their size and layout, (b) the hotel-like amenities associated with Base Village, (c) the ski-in/ski-out location of the units, and (d) the rental management program that will be made available to unit owners (the "New H.O.T. Beds)". The Planning Commission finds that the proposed amendments to Building 8 could be considered to be an enhancement to the original BV PUD provided that an additional lockoff unit and employee unit would be created as part of the amendment requests. 2. Buildout / Unit Equivalency / Unit Re-configuration. Town Council Ordinance No. 4, Series of 2008 (Building 13A Minor PUD Amendment) together with Ordinance No. 9, Series of 2008 (Building 4AB Minor PUD Amendment), confirmed that the maximum allowed Unit Equivalency ("UE") for the Base Village PUD may only be amended to be 391.4 UE.; Further, currently pending Ordinance No. 17, Series of 2008, which if approved would authorize the increase of 2.95 UE for Building 138 from 41.25 to 44.95 UE thus increasing the overall UE for Base Village from 391.4 to 394.35 UE. Therefore, in order for any future further amendment to the Base Village total UE to be considered, the applicant must satisfactorily explain in the context of all reasonably foreseeable amendments to the BV PUD the necessity for any increase in the total UE. With the proposed amendments to Building 8, the application proposes an amendment to the buildout variation or increase in the unit equivalency by 1.65 U.E., from 43.15 (pursuant to Record of Decision [ROD) #8) to 43.20 (pursuant to ROD 31) to 44.85 U.E. per the current proposal, which is a result of the proposed modification of the unit types and sizes, the additional lockoff on the P1 level, the reconfiguration of Unit E-3 on the top 41h Level (per previous administrative modification), and the proposed expansions of Units E-1 (2) and E-2 into the unused attic space below the roof line on the 4'h Level. In this case, the 1.65 UE increase for the Building 8 amendments would result in the cumulative UE increase in Base Village from 394.35 to 396.00 UE, which seems acceptable. The Applicant's proposed community purposes for the buildout variation increase are outlined on pages 3 and 4 of Section 1 in their application notebook, primarily focused upon encouraging sustainable development. However, the original Base Village proposal's community purposes for encouraging sustainable development focused upon the provision of improved connectivity as one of the elements, PC Reso.09-05 Page 4 of 9 including a transit facility to the central parking structure to be used by the Town shuttle and RFTA. The Development Agreement (Attached as Exhibit "B") provides for the timely delivery of transit and vertical circulation as previously envisioned by November 2009; however, it does not provide for full infrastructure and amenities anticipated in Building 7 (Arrival Center) by the original PUD. Without the transit facility as one of the means to encourage sustainable development for the original Base Village project, it is difficult to justify sustainable development as it pertains to the current amendment proposal without the transit facility. Therefore, the community purposes assured in the development agreement do not seem to satisfactory justify the increase in the buildout variation. The Planning Commission finds that the proposed 1.65 UE increase in Building 8 may be permissible as it primarily involves the proposed modification of the unit types and sizes, an additional lockoff on the P1 level, the reconfiguration of the Unit E-3 on the 0 Level per previous administrative modification, and the proposed expansions of Units E-1 (2) and E-2 into the unused attic spaces below the roof line on the a level. The proposed buildout variation increase for Building 8 would not appear to be detrimental to the original BV PUD provided that Applicant provided a justifiable community purpose. Employee Housing. Employee housing requirements of 12,047 square feet were previously calculated for Building 8 with 1,000 square feet mitigation being provided In Building 8 and the remainder mitigated elsewhere on the Base Village site or off site. Building 8 included a 1,000 sq. ft. one-bedroom employee unit as part of the original BV PUD. In referencing the employee housing requirement calculations in the First Amendment to the Base Village Restricted Housing Agreement ("First Amendment") pursuant to Ordinance No. 3, Series of 2007, together with Ordinance No. 4, Series of 2008, for the Building 13A approval, the previous modifications per Record of Decision No. 8, and the proposed changes in Building 8 would require 12,295 square feet of employee housing, or an increase of 248 square feet. The First Amendment specified a mitigation requirement of 12,047 square feet of employee housing for Building 8 and indicated that 1,191 square feet would be provided within Building 8. The Applicant proposes to provide 1,116 square feet in this application. This 75 square foot shortfall plus the 248 square feet of additional mitigation equals 323 square feet. The Planning.Commission has previously recommended that any addition mitigation floor area required by recent Minor PUD Amendments above the amount specified within the First Amendment be provided within the subject building. The exception being that the additional housing required by Building 13A could be mitigated within either Building 13A or 13B. PC Reso.09-05 Page 5 of 9 Therefore, the Applicant should propose to the Town Council's satisfaction where the additional 323 square feet of employee housing needed would be located or mitigated. The additional employee housing square footage provided should not be considered a community purpose, as proposed in the application, because it does not provide employee housing over and above the square feet mitigation requirement pursuant to the Municipal Code criteria for accepting community purposes. Additional employee housing restrictions. The Applicant should comply with the provisions in the Base Village Restricted Housing Agreement or the First Amendment thereof, in particular the restrictions concerning the initial sales price, rental rates, and assessment provisions for the two mitigation employee housing units within Building 8. Further, the units should be filled by the Town's Housing Office pursuant to the 'Town's Housing Office Policies and Procedures' as may in effect from time to time. Total Floor Area / Maximum F.A.R. According to the Final Base Village PUD Guide, Lot 3 of the Base Village P.U.D. Final Plat, where Building 8 is planned for construction together with Buildings 6 and 7 (Arrival Center), contains 2.48 acres or 108,028 square feet. A minimum lot size variation was previously granted with the Final PUD to permit an F.A.R. of 1.29:1 for Lot 3 as the MU-2 zoning requires a F.A.R. limit of 1:1. The varied F.A.R. of 1.29:1 allows a total floor area on Lot 3 of 139,356 square feet. In Building 8, the proposed floor area change from 92,386 square feet (per previous modification approval) to 95,839 square feet would increase the total approved floor area for Buildings 6, 7 and 8 on Lot 3 from 136,715 (per the Final PUD) to 139,763 square feet. Therefore, the proposed floor area would be 407 square feet more than the allotment of 139,356 square feet. While the Final PUD Guide has the availability of 2% increase of the F.A.R. by way of an administrative modification application, this request to exceed the maximum F.A.R. limit for Lot 3 was not administratively applied for by the Applicant. Therefore, the Applicant is applying at this time for an absolute maximum of 142,143 square feet as a floor area variation. In the end, the Applicant should provide a community purpose for this variation request that is satisfactory to the Town Council. Skier Services. The Skier Services space for the planned mountain club in Building 6 would be reduced by approximately 400 square feet due to the proposed egress corridor on the P2 level. Such a change slightly affects the overall employee housing requirements and parking demand for Building 8. The proposed change appears acceptable. Building Height Variation Increase. The Planning Commission has reviewed the two height variation modifications involving, a) a 1.08-foot increase for the roof pitch PC Reso.09-05 Page 6 of 9 facing Wood Road near the northeast portion of the building, and b) a 5.08 foot increase from 52 to 57.08 feet for the elevator shaft tower facing the south pedestrian plaza side of the building. Planning Commission finds that an additional V-0" height variance from actual height variations approved was granted per the previous Final PUD height variations, and the Planning Director is allowed to grant an additional V-0" foot above that standard per the Final PUD Guide subject to the Applicant applying for an administrative modification. However, the first height variation modification appears acceptable pursuant to the 'encourage better design' community purpose offered by the Applicant, and it is recommended that the variation be granted. Concerning the second height variation change, Planning Commission finds that the height increase for the elevator tower (to 8484'-U') is approximately two-three feet above the main, highest roof ridge (at 8481'-2") for Building 8 that that it would likely be difficult to observe from Wood Road or Brush Creek Road and would have a greater impact upon views from the pedestrian plaza or Fanny Hill and the views from surrounding properties would not be substantially adversely affected. The higher elevator shaft, as a result of the needed room for ventilation purposes, appears designed as a tower or copula feature that might necessarily enhance the functional design on the south side of Building 8 in terms of being compatible with the height, mass, scale, orientation and configuration with other structures in the PUD and with adjacent structures, and therefore appears acceptable. Building Architecture. The proposed modifications to the Building 8 architecture appear insubstantial. However, the Applicant should submit a material / color sample of the proposed awning at the porte-cochere and the clinic entrance, including any signs or lighting proposed, for review to the satisfaction of the Town Council. Landscape Plan. The proposed planting plans for Building 8 and the surrounding areas, including the landscaped design on the terraced stone walls in front of the pool deck appear consistent with the planting plans on the building construction plans for Building 8 and the Final PUD and therefore appear acceptable. The Applicant should be encouraged to submit final landscape plan drawings for the Phase II area in Base Village for final staff review and approval in accordance with Condition #2 in Ordinance No. 21, Series of 2004. Parking. The parking required and provided for the 27 units remains unchanged at 21. The.parking required for the clinic is 19 spaces and 21 spaces are provided in the garage below the clinic. The parking demand anticipated for the food and beverage outlet on the village level is 13 spaces for the estimated 104 indoor and outdoor seats. The amount of restaurant seating currently permitted in the Base Village core is 1,020 seats, of which 701 seats have been accounted as part of existing or approved food and beverage tenant spaces. The Building 8 restaurant PC Reso.09-05 Page 7 of 9 would increase the seating count within the core to at least 805 seats, and it appears that future food and beverage within the core might be constrained by the 1,020 seat cap until the Base Village Parking Management Plan is amended. The parking provided for the skier services space or mountain club remains at 57 spaces. The future usage(s) for the unentitled space has yet to be mitigated. Overall, the parking provisions to meet the demand for Building 8 and its amendments at this time appear acceptable. However, even though the residential parking in the garage amounts to 164 spaces and the existing. and approved residential of 196 units in the core requiring 147 spaces plus the 11 existing and approved employee units in the core requiring 11 spaces are below the residential allocation, it is recommended that the Applicant document the location of the parking space for each of the employee units as well as where such spaces would be allocated among the provision for 12 employee unit parking spaces, per the parking management plan, within the designated residential parking areas in the garage to the Town Council's satisfaction. Clinic. The Planning Commission notes that the clinic space, designated as Community Facilities" in the original PUD, is proposed to be reduced in size from 5,987 square feet, as approved in Record of Decision No. 8, to 5,629 square feet. The reduction occurs in order to improve emergency access to the clinic and to provide a corridor to create a necessary second access point to the employee units on Level P-2. The Planning Commission finds the necessary reduction in square footage to be acceptable. Fire District Issues. The Snowmass-Wildcat Fire Protection District has responded with outstanding concerns as of December 31, 2008 pursuant to referenced Exhibit A" pertaining to the planned side entrance and loading platform and/or the patient transfer platform and the ambulance access thereto. Planning Commission understands that there are remaining concerns about the clinic's patient loading platform, the tight configuration thereof, snow shed concerns, the need for a man-lift, the desire for an acceptable interface with the adjoining ski- back trail, and the adequate size for a staging area for emergency purposes. The Applicant should work toward resolution and should remain flexible for possible modifications that might be needed, including consideration of a recommended exterior wail cut at the P2 level to gain additional space for the patient transfer platform and staging areas for the clinic. Planning Commission recommends that the Fire District's outstanding concerns be addressed to the satisfaction of the Town Council, including the involvement of all affected parties affected as well as obtaining a letter from the Ski Patrol, prior to the issuance of a building permit for any remaining portion(s) of the Building 8 structure; PC Rego.09-05 Page 8 of 9 and that the emergency access drive for ambulances and related emergency equipment be restricted for the usage of the clinic space only. Timing. Considering that the land use review process for these amendment requests could potentially be longer than anticipated, the Applicant should revise the time table in their construction management plan or the phasing in the PUD for future building construction, including adjacent Building 7 (Arrival Center) partly due to the shared access driveway in the context of the Building '8 review; and, as pursuant to the 2008 Construction Management Plan (CMP) Amendment, Buildings 4AB, 5 6, 7, 8, 9AB, 9C and 11 were to have begun construction between April 14, 2008 and November 27, 2008; and, at the time the 2008 CMP Amendments were approved, Council only granted the timing, phasing or CMP changes up to April 2009; Further, the 2007 CMP Amendments were approved showing the completion of Building 7 by November 2009 and Building 8 by April 2010. The Planning Commission finds and would like to point out that Building 7 was to be built and operational by November 2009. Therefore, it is imperative that the construction management plan be amended by April 2009. Development Agreement. In consideration of these previous commitments or representations by the Applicant, and the community's interests to have the Transit Center operational by November 2009 pursuant the Applicant's current timing estimates and representations in their construction management plans, the Applicant has offered the Development Agreement attached hereto as Exhibit "B", incorporated herein by reference. The Planning Commission recommends that such proposal for the vertical circulation from the transit garage to the village pedestrian level be designed in an interim fashion acceptable to the Town Council and recognizes that the Village Level Arrival Center Building will require further design specific approval. The Planning Commission further finds that because there are numerous infrastructural accommodations (such as substantial public toilet facilities, arrival accommodations, etc.), a mechanism should be found whereby there is certainty that Building 7 is completed as approved, or as may be amended, in a timely way. Other Review Standards. In addition to addressing the criteria above for consistency or enhancement of the original PUD, the proposed amendments to Building 8, (a) should 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, (b) should not change the basic character of the PUD or surrounding areas, and (c) should comply with other applicable standards or as generally addressed per the core issue findings and recommendations stated above. PC Reso.09-05 Page 9 of 9 Section Three: Action. Based upon the fundamental condition that a mechanism be found, to the Town Council's satisfaction, that assures the timely completion of Building 7 as approved, or as may be amended, and the findings and recommendations in Sections One and Two above, the Planning Commission hereby recommends that Town Council approve the Minor PUD Amendment to Building 8, as further described within the referenced application documents listed below. INTRODUCED, READ, AND ADOPTED, as amended, on the- motion of Planning Commission member Aiken and the second of Planning Commission member Crouch by a vote of 6 in favor and 0 against, on this 14`" day of January 2009. (Planning Commission member Sirkus was absent). TOWN OF SNOWMASS VILLAGE PLANNING COMMISS N Bob Purvis, Chairman ATTEST: r rist Hol y, Planning Commission Secretary Attachments: Exhibit "A" — Snowmass-Wildcat Fire Protection District review comments dated December 31, 2008 and its referenced previous comments dated November 20, 2008. Exhibit "B"— Development Agreement titled "Building 7 Essential Public Facility" Reference Material: Application Notebook and 11" x 17" drawing set dated November 18, 2008; and Staff Reports to the Planning Commission for the January 7 and 14, 2009 meeting. EXHIBIT "A" PC Resolution No. 5, Series of 2009 NOTE: EXHIBIT 'A' OF THE REFERENCED REFERRAL REVIEW COMMENTS FROM THE SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT ARE DUPLICATED AS EXHIBIT 'B' OF THE ATTACHED ORDINANCE NO. 2, SERIES OF 2009, IN EFFORTS TO SAVE PAPER. EXHIBIT "B" PC Resolution No. 5, Series of 2009 NOTE: EXHIBIT 'B' OF THE REFERENCED APPLICANT'S DEVELOPMENT AGREEMENT BUILDING 7 ESSENTIAL PUBLIC FACILITY) IS DUPLICATED AS EXHIBIT `C' OF THE ATTACHED ORDINANCE NO. 2, SERIES OF 2009, IN EFFORTS TO SAVE PAPER. ATTACHMENT 3 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 2 5 SERIES OF 2009 6 7 AN ORDINANCE CONCERNING THE BASE VILLAGE MINOR PUD AMENDMENT 8 APPLICATION FOR BUILDINGS S. 9 10 WHEREAS, the Base Village Final Planned Unit Development ("BV PUD") was 11 approved by Town Council Ordinance No. 21, Series of 2004 ("Ordinance 21"); and 12 13 WHEREAS, the Base Village Planned Unit Development Guide ("PUD Guide"), 14 attached as Exhibit "B" of said ordinance, sets forth the zoning and development 15 parameters for the individual buildings and lots within the BV PUD; and 16 17 WHEREAS, the Base Village Owner, LLC ("Applicant"), as consented by Related 18 WestPac, LLC ("Owner"), submitted a Minor PUD Amendment application concerning 19 certain modifications to Building 8, as determined to be complete on December 15, 20 2008, including in summary: a) enlarging the lobby and back-of-house (BOH) area on 21 the lower P3 level, b) relocating the fitness center from the P2 to the P1 and utilizing the 22 P2 space for BOH service area, so that the fitness center would replace the room 23 service kitchen previously located on the P1 level; c) adding an egress corridor between 24 the BOH, clinic and the Mountain Club on the P2 level exiting on the southeast side of 25 the building; d) reconfiguring the pool back to a formal layout; e) adding a second 26 egress by way of stairs from the pool deck to the Wood Road level; f) closing the slab 27 or clerestory area above the lobby area and relocating an employee unit from the P1 28 level to this P2 level area resulting in two employee studio units on the P2 level thus 29 increasing the employee housing mitigation square footage from 1,000 to 1,116 square 30 feet; g) adding a side entrance and loading platform for emergency personnel 31 circulation next to the clinic space; h) converting the previous employee studio unit on 32 the P1 level into a free-market lock-off of Unit C-6 thus increasing the lockoff count to 20 33 and the unit equivaleng for the C-6 unit from 0.65 to 1.15 U.E.; i) expanding portions of34theunitsonthetop4` level into unused attic space under the existing roof line thus 35 increasing that level's floor area by 1,073 square feet and the resulting unit equivalency 36 from 13.85 to 16.05 U.E.; j) increasing elevator shaft height on south village plaza side 37 by 5.08 feet to accommodate ventilation equipment, adding vents, k) changing roof 38 material at 5 secondary dormers from copper to asphalt shingles and eliminating the 39 elevated section between the two copulas on the main roof ridge; 1) building elevation 40 changes modifying window sizes, styles and location slightly, adding an egress stairway 41 from pool level, adding a balcony to the residential Unit C-6 below the restaurant, and 42 adding louvers to the fenestration design; m) redesigning the wall around the pool to 43 incorporate a terraced treatment with landscaping and trees in between the stepped 44 stone walls; n) changing the clinic garage entry from one to two doors and adding a TC Ord 09-02 Page 2 of 11 45 clearance sign; o) adding a canopy at the porte-cochere entrance and at the pedestrian 46 entrance to the Clinic off Wood Road; p) revising window configuration for Unit C-6; and 47 q) removing four windows beneath the ski-under bridge that connect the village plaza 48 areas; and 49 50 WHEREAS, the Applicant requests a modification of buildout variation to 51 increase the unit equivalency for the Building 8 changes by 1.65 LIE and a revision to 52 the height variation limitations to provide ventilation equipment for the elevator tower 53 located on the pedestrian plaza or south side of Building 8; and 54 55 WHEREAS, said application is more fully described within the application 56 notebook and supplemental 11" x 17' drawings and information dated November 18, 57 2008; and 58 59 WHEREAS, a public meeting was scheduled before the Planning Commission 60 on January 7, 2009 together with a special meeting on January 14, 2009 to receive an 61 initial presentation by the Applicant and begin review of the application and to hear the 62 recommendations of Town Staff and to provide recommendations to the Town Council 63 via action on Resolution No. 5, Series of 2009; and 64 65 WHEREAS, the supplemental information submitted by the Applicant occurred 66 on January 9, 2009 primarily in response to previous Staff comments and the core 67 issues identified in the staff report for the meeting on January 7, 2009; and 68 69 WHEREAS, the Applicant amended or supplemented the application on January 70 12, 2009 with the submission of a Development Agreement titled "Building 7 Essential 71 Public Facility," and subsequently updated the agreement on January 13, 2009 following 72 a staff meeting, for review by the Planning Commission during the January 14, 2009 73 meeting; and, is attached hereto and incorporated herein by reference as Exhibit "C; 74 and 75 76 WHEREAS, said application was scheduled for review and consideration 77 pursuant to Section 16A-5.390 of the Municipal Code. 78 79 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 80 Village, Colorado: 81 82 Section One: Findings. The Town Council hereby finds that: 83 84 1. The Applicant has submitted sufficient information pursuant to Section 16A-5-390 of 85 the Municipal Code to permit the Town Staff, the Planning Commission, and the 86 Town Council an adequate review of the proposed Minor PUD Amendment. 87 TC Ord 09-02 Page 3 of 11 88 2. Public hearing notification requirements were scheduled to be met for this 89 application pursuant to Municipal Code Section 16A-5-60, including the Applicant's 90 submittal of the signed affidavits for the mailing and posting of the hearing notice. 91 92 3. Except as noted within Section Two below, the application seems compliant with the 93 applicable review standards specified within Section 16A-5-390(3) of the Municipal 94 Code. 95 96 Section Two: Specific Findings. The Town Council specifically finds that: 97 98 1. Consistent with the original PUD. The proposed modifications must be found to 99 be consistent with, or an enhancement of, the original PUD approval. 100 101 Lot 3, Base Village Planned Unit Development, contained Buildings 6, 7 and 8. The 102 variations requested for the original building were represented as being necessary to 103 provide "hotel-like H.O.T. beds". The units were "designed and programmed to be 104 H.O.T. beds by virtue of, (a) their size and layout, (b) the hotel-like amenities 105 associated with Base Village, (c) the ski-in/ski-out location of the units, and (d) the 106 rental management program that will be made available to unit owners (the "New 107 H.O.T. Beds)". 108 109 The Town Council finds that the proposed amendments to Building 8 could be 110 Considered to be an enhancement to the original BV PUD provided that an additional 111 lockoff unit and employee unit would be created as part of the amendment requests. 112 113 2. Buildout / Unit Equivalency / Unit Re-configuration. Town Council Ordinance 114 No. 4, Series of 2008 (Building 13A Minor PUD Amendment) together with 115 Ordinance No. 9, Series of 2008 (Building 4AB Minor PUD Amendment), confirmed 116 that the maximum allowed Unit Equivalency ("UE") for the Base Village PUD may 117 only be amended to be 391.4 UE.; Further, there is currently pending Ordinance No. 118 17, Series of 2008 (Building 13B Minor PUD Amendment), which if approved, would 119 authorize the increase of 2.95 UE for Building 138 from 41.25 to 44.95 UE thus 120 increasing the overall UE for Base Village from 391.4 to 394.35 UE. Therefore, in 121 order for any future further amendment to the Base Village total UE to be 122 considered, the applicant must satisfactorily explain in the context of all reasonably 123 foreseeable amendments to the BV PUD the necessity for any increase in the total 124 UE. 125 126 With the proposed amendments to Building 8, the application proposes an 127 amendment to the buildout variation or increase in the unit equivalency by 1.65 U.E., 128 from 43.15 (pursuant to Record of Decision [ROD) #8) to 43.20 (pursuant to ROD 129 31) to 44.85 U,E. per the current proposal, which is a result of the proposed 130 modification of the unit types and sizes, the additional lockoff on the Pi level, the 131 reconfiguration of Unit E-3 on the top 4`h Level (per previous administrative 132 modification), and the proposed expansions of Units E-1 (2) and E-2 into the unused TC Ord 09-02 Page 4 of 11 133 attic space below the roof line on the 4'h Level. In this case, the 1.65 UE increase 134 for the Building 8 amendments would result in the cumulative UE cap increase in 135 Base Village from 394.35 to 396.00 UE, which is/is not acceptable. 136 137 The Applicant's proposed community purposes for the buildout variation increase 138 are outlined on pages 3 and 4 of Section 1 in their application notebook, primarily 139 focused upon encouraging sustainable development. However, the original Base 140 Village proposal's community purposes for encouraging sustainable development 141 focused upon the provision of improved connectivity as one of the elements, 142 including a transit facility to the central parking structure to be used by the Town 143 shuttle and RFTA. The Development Agreement (Attached as Exhibit "C") provides 144 for the timely delivery of transit and vertical circulation as previously envisioned by 145 November 2009; however, it does not provide for full infrastructure and amenities 146 anticipated in Building 7 (Arrival Center) by the original PUD. Without the transit 147 facility as one of the means to encourage sustainable development for the original 148 Base Village project, it is difficult to justify sustainable development as it pertains to 149 the current amendment proposal without the transit facility. Therefore, the 150 community purposes assured in the development agreement are/are not 151 satisfactorily justify the increase in the buildout variation. 152 153 The Town Council finds that the proposed 1.65 UE increase in Building 8 may be 154 permissible as it primarily involves the proposed modification of the unit types and 155 sizes, an additional lockoff on the P1 level, the reconfiguration of the Unit E-3 on the 156 4`h Level per previous administrative modification, and the proposed expansions of 157 Units E-1 (2) and E-2 into the unused attic spaces below the roof line on the 4'h level. 158 The proposed buildout variation increase for Building 8 would not appear to be 159 detrimental to the original BV PUD provided that Applicant provided a justifiable 160 community purpose. 161 162 3. Employee Housing. Employee housing requirements of 12,047 square feet were 163 previously calculated for Building 8 with 1,000 square foot mitigation being provided 164 in Building 8 and the remainder mitigated elsewhere on the Base Village site or off 165 site. Building 8 included a 1,000 sq. ft. one-bedroom employee unit as part of the 166 original BV PUD. 167 168 In referencing the employee housing requirement calculations in the First 169 Amendment to the Base Village Restricted Housing Agreement ("First Amendment") 170 pursuant to Ordinance No. 3, Series of 2007, together with Ordinance No. 4, Series 171 of 2008, for the Building 13A approval, the previous modifications per Record of 172 Decision No. 8, and the proposed changes in Building 8 would require 12,295 square 173 feet of employee housing, or an increase of 248 square feet. 174 175 The First Amendment specified a mitigation requirement of 12,047 square feet of 176 employee housing for Building 8 and indicated that 1,191 square feet would be 177 provided within Building 8. The Applicant proposes to provide 1,116 square feet in TC Ord 08-02 Page 5 of 11 178 this application. This 75 square foot shortfall plus the 248 square feet of additional 179 mitigation equals 323 square feet. 180 181 Town decision makers have previously recommended or required that any additional 182 mitigation floor area required by the recent Minor PUD Amendments above the 183 amount specified within the First Amendment be provided within the subject building; 184 The exception being that the additional housing required by Building 13A could be 185 mitigated within either Building 13B. 186 187 Note: The Applicant submitted an amended design on January 15 to accommodate 188 the additional 323 square feet; however, the amendment cannot be fully considered 189 until accepted as an amendment at the February 2 Town Council meeting. The 190 Ordinance will then need to be modified to respond to the amendment.) 191 192 4. Total Floor Area / Maximum F.A.R. According to the Final Base Village PUD 193 Guide, Lot 3 of the Base Village P.U.D. Final Plat, where Building 8 is planned for 194 construction together with Buildings 6 and 7 (Arrival Center), contains 2.48 acres or 195 108,028 square feet. A minimum lot size variation was previously granted with the 196 Final PUD to permit an F.A.R. of 1.29:1 for Lot 3 as the MU-2 zoning requires a 197 F.A.R. limit of 1:1. The varied F.A.R. of 1.29:1 allow_ s a total floor area on Lot 3 of 198 139,356 square feet. 199 200 In Building 8, the proposed floor area change from 92,386 square feet (per previous 201 modification approval) to 95,839 square feet would increase the total approved floor 202 area for Buildings 6, 7 and 8 on Lot 3 from 136,715 (per the Final PUD) to 139,763 203 square feet. Therefore, the proposed floor area would be 407 square feet more than 204 the allotment of 139,356 square feet. 205 206 While the Final PUD Guide has the availability of 2% increase of the F.A.R. by way 207 of an administrative modification application, this request to exceed the maximum 208 F.A.R. limit for Lot 3 was not administratively applied for by the Applicant. Therefore, 209 the Applicant is applying at this time for an absolute maximum of 142,143 square 210 feet as a floor area variation. The Town Council finds permitting the floor area limit 211 for Lot 3 to be increased to 142,143 square feet to be acceptableJnot acceptable 212 and therefore should be reduced to 139,763 square feet in order to 213 accommodate the existing approvals for Buildings 6 and 7 as well as only 214 Building 8 as proposed. 215 216 5. Skier Services. The Skier Services space for the planned Mountain Club in Building 217 8 would be reduced by approximately 400 square feet due to the proposed egress 218 corridor on the P2 level. Such a change slightly affects the overall employee 219 housing requirements and parking demand for Building 8. The proposed change is 220 acceptable. 221 TC Ord 09-02 Page 6 of 11 222 6. Building Height Variation Increase. The Town Council has reviewed the two 223 height variation modifications involving, a) a 1.08-foot increase for the roof pitch 224 facing Wood Road near the northeast portion of the building, and b) a 5.08 foot 225 increase from 52 to 57.08 feet for the elevator shaft tower facing the south 226 pedestrian plaza side of the building. 227 228 Town Council finds that an additional V-0" height variance from actual height 229 variations approved was granted per the previous Final PUD height variations, and 230 the Planning Director is allowed to grant an additional V-0" foot above that standard 231 per the Final PUD Guide subject to the Applicant applying for an administrative 232 modification. However, the first height variation modification appears acceptable 233 pursuant to the 'encourage better design' community purpose offered by the 234 Applicant, and the first height variation is acceptable/not acceptable. 235 236 Concerning the second height variation change, Town Council finds that the height 237 increase for the elevator tower (to 8484'-0") is approximately two to three feet above 238 the main, highest roof ridge (at 8481'-2") for Building 8 and that it would likely be 239 difficult to observe from Wood Road or Brush Creek Road and would have a greater 240 impact upon views from the pedestrian plaza or Fanny Hill, and the views from 241 surrounding properties would not be substantially adversely affected. The higher 242 elevator phaft, as a result of the needed room for ventilation purposes, appears 243 designed as a tower or copula feature that might necessarily enhance the functional 244 design on the south side of Building 8 and in terms of being compatible with the 245 height, mass, scale, orientation and configuration with other structures in the PUD 246 and with adjacent structures, is therefore acceptable/not acceptable because.... 247 248 7. Building Architecture. With the exception of the proposed awnings, in addition to 249 those related to the modifications to the clinic staging area, which could not be 250 evaluated at this time due to the lack of information, the proposed modifications to 251 the Building 8 architecture appear insubstantial and are therefore approved. 252 253 8. Landscape Plan. There remain concern related to the proposed planting plans for 254 Building 8 and the surrounding areas, including the landscaped design on the 255 terraced stone walls in front of the pool deck appear, consistency with the planting 256 plans on the building construction plans for Building 8, and its compliance with the 257 Final PUD. 258 259 9. Parking. The parking required and provided for the 27 units in Building 8 remains 260 unchanged at 21. The parking required for the clinic is 19 spaces and 21 spaces are 261 provided in the garage below the clinic. The parking demand anticipated for the food 262 and beverage outlet on the village level is 13 spaces for the estimated 104 indoor 263 and outdoor seats. The amount of restaurant seating currently permitted in the Base 264 Village core is 1,020 seats, of which 701 seats have been accounted as part of 265 existing or approved food and beverage tenant spaces. The Building 8 restaurant 266 would increase the seating count within the core to at least 805 seats, and Town TC Ord 09.02 Page 7 of 11 267 Council finds that future food and beverage within the core might be constrained by 268 the 1,020 seat cap until the Base Village Parking Management Plan is amended. 269 270 The parking provided for the skier services space or Mountain Club remains at 57 271 spaces. The future usage(s) for the unentitled space has yet to be mitigated. 272 273 Overall, the parking provisions necessary to meet the demand for Building 8 and its 274 amendments at this time are acceptable. However, even though the residential 275 parking in the garage amounts to 164 spaces and the existing and approved 276 residential of 196 units in the core requiring 147 spaces plus the 11 existing and 277 approved employee units in the core requiring 11 spaces are below the residential 278 allocation, there are outstanding concerns about documenting or reserving the 279 location of the parking space for each of the employee units as well as where such 280 spaces would be allocated among the provision for 12 employee unit parking spaces, 281 per the parking management plan, within the designated residential parking areas in 282 the garage. 283 284 10. Clinic. The clinic space, designated as "Community Facilities" in the original PUD, is 285 proposed for reduction from 5,987 square feet, as approved in Record of Decision 286 No. 8, to 5,629 square feet. The reduction occurs in order to improve emergency 287 access to the clinic and to provide a corridor to create a necessary second access 288 point to the employee units on Level P-2. The necessary reduction in square 289 footage is acceptable. 290 291 11. Fire District Issues. The Snowmass-Wildcat Fire Protection District has responded 292 with outstanding concerns as of December 31, 2008 pursuant to referenced Exhibit 293 B" pertaining to the planned side entrance and loading platform and/or the patient 294 transfer platform and the ambulance access thereto. 295 296 Town Council understands that there are remaining concerns about the clinic's 297 patient loading platform, the tight configuration thereof, snow shed concerns, the 298 need for a man-lift, the desire for an acceptable interface with the adjoining ski-back 299 trail, and the adequate size for a staging area for emergency purposes. [Note: The 300 Applicant has submitted an amended design to address concerns; however, the 301 modifications cannot be fully considered until accepted as an amendment at the 302 February 2 Town Council meeting. The Ordinance will then need to be amended to 303 respond to the amendment.] 304 305 12. Timing. Town Council finds that: 306 a. The 2007 CMP Amendments were approved showing the completion of Building 307 7 by November 2009 and Building 8 by April 2010; 308 b. Pursuant to the 2008 Construction Management Plan (CMP) Amendment, 309 Buildings 4AB, 5 6, 7, 8, 9AB, 9C and 11 were to have begun construction 310 between April 14, 2008 and November 27, 2008; TC Ord 09-02 Page 8 of 11 311 c. When the 2008 CMP Amendment was approved, on March 31, 2008 by Record 312 of Decision #23 per Town Council's directive, the CMP only granted the timing, 313 phasing or CMP changes up to April 2009; 314 d. It is now apparent that the construction timing and phasing for Base Village could 315 potentially be longer than anticipated, and there is an obvious necessity that a 316 new CMP amendment application be submitted whereby the Applicant needs to 317 revise the time table in their construction management plan or the phasing in the 318 PUD for future building construction; and 319 e. Following discussions with the Applicant, it was agreed that said application will 320 be submitted by no later than 321 322 13. Development Agreement. In consideration of the previous commitments or 323 representations by the Applicant, and the community's interest to have the Transit 324 Center operational by November 2009 pursuant the Applicant's current timing 325 estimates and representations in their construction management plans, the Applicant 326 has offered the Development Agreement attached hereto as Exhibit "C", 327 incorporated herein by reference. 328 329 The Town Council agrees with the Planning Commission that such proposal for the 330 vertical circulation from the transit garage to the village pedestrian level be designed 331 in a user-friendly interim fashion for arriving guests and visitors and recognizes that 332 the Village Level Arrival Center Building would require further design specific 333 approval. The Town Council does not agree/further finds and agrees with the 334 Planning Commission that because there are numerous infrastructural 335 accommodations (such as substantial public toilet facilities, arrival accommodations, 336 etc.), a mechanism should be found whereby there is certainty that Building 7 is 337 completed as approved, or as may be amended, in a timely way. 338 339 14. Other Review Standards. In addition to addressing the criteria above for 340 consistency or enhancement of the original PUD, the proposed amendments to 341 Building 8, (a) would not have a substantially adverse effect on the.neighborhood 342 surrounding the land where the amendment is proposed, or have a substantially 343 adverse impact on the enjoyment of land abutting upon or across the street from the 344 subject property, (b) would not change the basic character of the PUD or 345 surrounding areas, and (c) would comply with other applicable standards or as 346 generally addressed per the core issue findings and recommendations stated above. 347 348 Section Three: Action. Subject to the conditions contained in Section Four below, the 349 Town Council hereby approves the Minor PUD Amendment to Building 8, as further 350 described within the referenced application documents listed below. 351 352 The Town Council specifically approves: 353 354 1. Minor PUD Amendment. The Minor PUD Amendment to Building 8, as 355 summarized in attached Exhibit "A"; TC Ord 09-02 Page 9 of 11 356 357 2. Maximum F.A.R. Variation: From 136,715 (per the Final PUD) to 139,763 358 square feet/142,143 square feet for Lot 3, Base Village P.U.D. Final Plat. 359 360 3. Maximum Height Variations: a) Increase in measured height near northeast 361 portion of building off Wood Road, Point 'A' by 1.08 feet as a result of lowered 362 finished floor of the parking garage below the clinic; and b) increase from 52 feet 363 to 57.08 feet measured from finished grade for the elevator tower on the south 364 side next to the pedestrian plaza. 365 366 Section Four: Conditions. As conditions of the final approvals granted herein, the 367 Applicant will comply with or implement the following: 368 369 1. Employee Housing. The Applicant shall propose where the additional 323 square 370 feet of employee housing needed would be located or mitigated to the satisfaction of 371 the Planning and Housing Directors prior to the issuance of a building permit. The 372 additional employee housing square footage provided and the additional mitigation 373 square footage required shall not be considered a community purpose, as proposed 374 in the application, because it does not provide employee housing over and above the 375 square feet mitigation requirement pursuant to the Municipal Code criteria for 376 accepting community purposes. 377 378 2. Additional employee housing restrictions. The Applicant shall comply with the 379 provisions in the Base Village Restricted Housing Agreement or the First 380 Amendment thereof, in particular the restrictions concerning the initial sales price, 381 rental rates, and assessment provisions for the two mitigation employee housing 382 units within Building 8. Further, the units shall be filled by the Town's Housing Office 383 pursuant to the 'Town's Housing Office Policies and Procedures' as may in effect 384 from time to time. 385 386 3. Total Floor Area / Maximum F.A.R. The request to exceed the maximum F.A.R. 387 limit for Lot 3 shall only be permitted from 136,715 (per the Final PUD) to 139,763 388 square feet. The Applicant shall provide a community purpose for this variation 389 request to the satisfaction to the Town Council prior to second reading of this 390 ordinance. 391 392 4. Building Architecture. The Applicant shall submit a material / color sample of the 393 proposed awning at the porte-cochere and the clinic entrance, including any signs or 394 lighting proposed, for review to the satisfaction of the Planning Director prior to the 395 issuance of a building permit. 396 397 5. Landscape Plan. The proposed planting plans for Building 8 and the surrounding 398 areas, including the landscaped design on the terraced stone walls in front of the 399 pool deck shall be reviewed for consistency with the planting plans on the building 400 construction plans for Building 8 and compliance with the Final PUD to the TC Ord 09-02 Page 10 of 11 401 satisfaction of the Planning Director prior to installation and prior to issuance of the 402 Certificate of Occupancy on Building 8. In addition, the Applicant shall submit final 403 landscape plan drawings for the Phase IB and II areas in Base Village for final 404 Planning Director review and approval in accordance with Condition #2 in Ordinance 405 No. 21, Series of 2004. 406 407 6. Parking for Food and Beverage uses. If and prior to when the 1,020 seat cap for 408 food and beverage outlets within the Base Village core might be compromised or 409 exceeded, the Applicant shall submit for consideration an amendment to the Base 410 Village Parking Management Plan including justification of the adequacy of the 411 parking provisions and associated demand. 412 413 7. Parking for employee units. The Applicant shall document the location of the 414 parking space for each of the employee units as well as where such spaces would 415 be allocated among the provision for 12 employee unit parking spaces, per the 416 parking management plan, within the designated residential parking areas in the 417 garage to the satisfaction of the Planning Director prior to the issuance of a 418 Certificate of Occupancy.. 419 420 8. Fire District Issues. The Applicant should work toward resolution concerning the 421 clinic's patient loading platform, the tight configuration thereof, snow shed concerns, 422 the need for a man-lift, the desire for an acceptable interface with the adjoining ski- 423 back trail, and the adequate size for a staging area for emergency purposes; and 424 shall remain flexible for possible modifications that might be needed, including 425 consideration of a Planning Commission recommended exterior wall cut at the P2 426 level to gain additional space for the patient transfer platform and staging areas for 427 the clinic to the satisfaction of the Town Council prior to consideration of the second 428 reading of this ordinance; and, that the emergency access drive for ambulances and 429 related emergency equipment shall be restricted for the usage of the clinic space 430 only. 431 432 9. Timing. The Applicant is strongly advised that it is imperative that the construction 433 management plan for Base Village, including the possible re-phasing thereof, be 434 amended, submitted for review and acted upon by the Town prior to April 30, 2009. 435 436 Section Five: PUD Enforcement. The terms and conditions of this Ordinance and the 437 Final PUD Application approved hereby, are enforceable by the Town without restriction 438 in accordance with the provisions of Section 16A-5-380(a) of the Municipal Code. 439 Enforcement in favor of residents, as contemplated in Section 16A-5-380(b) of the 440 Municipal Code is hereby limited to fee simple owners and the master association. 441 442 Section Six: Severability. If any provision of this Ordinance or application hereof to 443 any person or circumstance is held invalid, the invalidity will not affect any other 444 provision or application of this Ordinance which can be given effect without the invalid 445 provision or application, and, to this end, the provisions of this Ordinance are severable. TC Ord 09-02 Page 11 of 11 446 447 INTRODUCED, READ, AND APPROVED on first reading on the motion of Town 448 Council member and the second of Town Council member 449 by a vote of _ in favor and _ against, on this 20d'day of January 450 2009. 451 452 READ, APPROVED, AND ADOPTED on second reading on the motion of Town Council 453 member and the second of Town Council member 454 by a vote of_ in favor and_against, on this 2nd day of February 2009. 455 456 TOWN OF SNOWMASS VILLAGE 457 458 459 460 Bill Boineau, Mayor 461 ATTEST: 462 463 464 465 Rhonda B. Coxon, Town Clerk 466 467 APPROVED AS TO FORM: 468 469 470 471 John C. Dresser, Jr., Town Attorney 472 473 Attachments: 474 Exhibit "A" — Summary of amendments, usages and development parameters. 475 476 Exhibit "B" — Snowmass-Wildcat Fire Protection District review comments dated 477 December 31, 2008 and its referenced previous comments dated November 20, 2008. 478 479 Exhibit "C" — Development Agreement titled "Building 7 Essential Public Facility' 480 received January 13, 2009. 481 482 Reference Material: 483 Application Notebook and 11" x 17' drawing set dated November 18, 2008; and 484 Staff Report to the Town Council for the January 20, 2009 meeting. EXHIBIT "A" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 1 of 4 SUMMARY OF AMENDMENTS, USES, AND DEVELOMENT PARAMETERS BASE VILLAGE BUILDING 8 MINOR PUD AMENDMENT See the table provided below to compare the changes for Building 8 side by side: BUILDING 8 COMPARISON OF CHANGES Category Last Approval In Minor PUD Net Final PUD, Amendments Change Adm Mod#8, or Adm Mod#31 Gross Building Floor Area 92,386 SF' 95,839 SF 3,453SF Residential area 64,514 SF 65,737 SF 1,223 SF Area of Units 54,219 SF 55,488 SF 1,269 SF Shared/Common/Amenity Areas 10,295 SF 10,249 SF 46 SF Service Areas 7,537 SF 10,587 SF 3,050 SF Retail 8 Restaurants ace 3,549 SF 3,882 SF 333 SF Skier Services Mountain Club 5,608 SF 5,210 SF 398 SF Community Services Total 11,178 SF 10,423 SF 755 SF Clinic 5,921 SF 5,629 SF 292 SF Future Unentilled Space 5 257 SF 4 794 SF 463 SF Number of Units free market 27 27 0 Unit Equivalents 43.15 44.85 1.70 43.2 in AA #31 Average Unit Size 2,008 SF 2,055 SF 47 SF Number of Bedrooms 52 53 3 Number of Lockoffs 17 19 2 20 w/Final PUD Employee Units in Building 1 2 1 Employee Housing Requirement 12,047 SF 12,297.8 250.8 Final PUD Employee Housing Mitigation at Bldg 578 SF 1,116 SF 116 SF 1,000 SF with from Final Final PUD)PUD Note: The Skier Services space(mountain club)would reduce by approximately 400 SF as a result of the proposed egress corridor on the P2 level. The Community Facility space for the Clinic established in the Final PUD Ordinance 04-21 indicated 4,987 SF. EXHIBIT "A» TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 2 of 4 SUMMARY OF AMENDMENTS, USES, AND DEVELOMENT PARAMETERS BASE VILLAGE BUILDING 8 MINOR PUD AMENDMENT BUILDING 8 COMPARISON OF CHANGES Category Last Approval in Minor PUD Net Final PUD, Amendments Change Adm Mod#8, or Adm Mod#31 Main roof ridge elevation—Building 8 8481' 8481' 0 Maximum building height in feet at copula—measured from existing grade 111' 111' 0 Maximum building height in elevation —, measured at cupola 8491' 8491' 0 Plaza side at elevator tower— measured from finished grade) 56' 58' 2' Plaza side in elevation 8482' 8484' 2' Wood Road side—Roof ridge (Pt. 'A') from finished grade in feet 85.0' 86.08' 1.08' Wood Road side—Roof ridge (Pt. 'A') 8477' 8476'-2" 0.92' in elevation) garage elevation lowered EXHIBIT 66V TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 3 of 4 SUMMARY OF AMENDMENTS, USES, AND DEVELOMENT PARAMETERS BASE VILLAGE BUILDING 8 MINOR PUD AMENDMENT BUILDING 8 COMPARISON OF CHANGES Category Last Approval in Minor PUD Net Final PUD, Amendments Change Adm Mod#8, or Adm Mod#31 Parking Required (Total)113 112 1 minimum) not including unentitled s ace Parking Provided (Total)116 114 2 some shared) not including unentitled s ace Breakdown of Parking Requirements and Provisions by Usa e: Parking required: Each Unit 21 21 0 0.75 rate per Base Village PMP) Parking Provided for Units 21 21 0 Parking required: Each Emp Unit 1 2 0 1 per unit per Base Village PMP) Emp= Employee Parking Provided for Emp Units 1 2 1 Parking required: Clinic ® 5,921 SF 20 19 1 Facilities 0 1:300 Parking Provided for Clinic 23 21 2 including 2 HC (including 2 HC and and 2 compact) Parking Required: F&B*** (1:8 seats) 14 13 1 112 seats max.) (104 seats max.) assuming indoor& outdoor seats Parking provided for F&B 14 shared 13 shared 1 Parking required: Skier Services 57 unchanged 0 1:4 members or 1:300 sq. ft.) assuming 228 decreased from 5,608 to 5210 SF members Parking provided for 57 unchanged 0 skier services (mountain club) assuming 228 members Parking required: Unentitled Space Unknown Unknown 1:4 members or 1:300 sq. ft.) Usage to be at this time decreased from 5,257 to 4,794 SF determined Parking provided for Unknown Unknown Unentitled space Usage to be at this time determined SF=Square Feet UE=Unit Equivalents F&B= Food& Beverage EXHIBIT "A" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 4 of 4 SUMMARY OF AMENDMENTS, USES, AND DEVELOMENT PARAMETERS BASE VILLAGE BUILDING 8 MINOR PUD AMENDMENT Building 8 Employee Housing Mitigation Methodology Final PUD Ordinance 04-21 Type of Use Square Feet, Employees Employees S.F. Housing Total S.F. Square Feet) Lots or Units Generated per Generated Requirement Housing 1,000 SF or lot 45%of emps Provided unit at 448 SF/em Studio/ 11 0.38 4.18 843 1-Bedroom 2-Bedroom 21 0.76 15.96 3,218 Food& 3,045 SF 5.16 15.7 3,168 Beverage Clinic 4,987 SF 3.68 18.4 3,700 Skier Services 5,785 SF . 0.96 5.6 1,120 Total N.A. N.A. 59.76 12,047 SF 12,047 SF 1,000 SF In Building 8 Building 8 Employee Housing Mitigation Methodology Proposed Minor PUD Amendment November 18, 2008 Typo of Use Square Feet, Employees Employees S.F. Housing Total S.F. Square Feet) Lots or Units Generated per Generated Requirement Housing 1,000 SF or lot 45%of emps Provided unit at 448 SF/ em Studio/ 10 0.38 3.80 766.1 1-Bedroom 2-Bedroom 10 0.76 7.60 1,532.2 3-Bedroom 1 5 0.52 2.60 524.2 4-Bedroom 2 0.62 1.24 250.0 Food& 3,882 SF 5.16 20.0 4,032.0 Bevera e Clinic 5,629 SF- 3.68 20.71 4,175.1 Skier Services 5,210 SF- 0.96 5.00 1,008.0 Total N.A. N.A. 60.95 12295 SF" .12,047 SF 1,116 SF in Building 8 Note: The proposed Building 8 changes would increase the employee housing mitigation requirement by a minimum of 248 square feet without the calculated mitigation requirement of the unentitled space. The application is providing an additional 116 SF of employee housing beyond what was previously envisioned for Building 8. The application utilizes the MF-1 job rate for the three and four bedroom units in lieu of the hotel rate, per the previous first amendment to the Base Village Restricted Housing Agreement. EXHIBIT "B" TOWN COUNCIL RECEIVED BY TOSV PLANNING DEPARTMENT Ordinance No. 2, Series of 2009 DECEMBER 31,2008 Page 1 of 2 Jim, In regards to the application for a Minor Amendment for Building 8 (submitted November 18, 2008)we have the following comments. On page 10, under section 1.3.2.4 Landscaping, we wish to clarify that the fire district was seeking an exterior emergency access point to the pool area, without going through the entire hotel, in the case of a drowning or other pool related emergency. The application states that were requiring an additional egress. In essence,the same result has occurred with the proposed change. Under Section 2, page 2, letter G, concerning a side entrance and loading platform at the proposed clinic we still have several unresolved issues with the loading area and platform design. The side entrance is not a particular issue,but please refer to our previous comments to Director of Planning Chris Conrad on 11-20-08 concerning another Administrative Modification to Building 8. Serious Issues still remain concerning patient loading and unloading and the ability of our ambulances to negotiate turning and backing within the proposed emergency clinic driveway. Also, as a safety issue for emergency responders and patients, it appears that snow from the overhead roofline will shed directly on to the clinic ambulance access roadway. In addition, we have been very specific that the above grade patient loading dock design will require an approved elevator/lift to accommodate patients and emergency staff to safely load seriously injured or ill patients into ambulances. A remote operated gate will be needed to keep civilian traffic from entering the proposed ambulance access.To date, the Snowmass Fire District has not seen plans for these required improvements. Perhaps this will require another Amendment? In conclusion, we are not at all comfortable with the final exterior access and patient loading design of the Snowmass Clinic area at this juncture. We believe these to be unresolved life safety issues that have not been totally addressed for the final approval of the clinic in Building 8. John T. Mete Fire Marshal-Snowmass Wildcat Fire Protection District 970) 923-2212 jmele@swfpd.com EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 2 of 2 11-20-08 To:Chris Conrad, Director of Planning From: John T. Mele, Fire Marshal Subject: Administrative Modifications to Building 8 We have the following comments in regard to the Applicants SBV8 Outlined Changes-Administrative Modification, P-3 and P-2 1. Access to the fire command room(#4)will need to be assured either through a separate man door from the exterior or immediate operation and access of the larger garage door to the underground parking area. (i.e. will this large door function in the event of a,power failure ?) Also a pull off area for command vehicles or fire apparatus will be needed. It would be unsafe to stage vehicles on Wood Road for any period of time. We have suggestions for the Applicant on this matter. 2. The side entrance added to the direct ambulance access through clinic vestibule(0) is in anticipation of the clinic being in this location. I wish to be clear that the Snowmass-Wildcat Fire Protection District has not accepted all aspects of the ambulance access for the clinic at this Wood Road location. Serious issues still remain concerning patient loading and unloading as well as the ability of our ambulances being able to negotiate turning and backing within the proposed emergency clinic driveway. As a safety issue for emergency responders it appears that snow will also shed directly on to the proposed clinic ambulance access roadway. A remote operated gate will be needed to keep civilian traffic from blocking or using the proposed ambulance access. We have yet to see a finalized and accepted plan of this clinic area. I realize that some of this may be tied to the Minor PUD Amendment and not the Administrative Amendment but to us they are a part of the same concerns. Please call me with questions or comments. EXHIBIT "C" TOWN COUNCIL Ordinance No. 2, Series of 2009CEPagLeIof17 r• JAN 15 2009 Snowmass Village January 13,2008 Community Development Mr.Chris Conrad TOWN OF SNOWMASS VILLAGE—PLANNING DEPARTMENT 130 Kearns Road PO Box 5010 Snowmass Village,CO 81615 Subject: Building 8—Minor PUD Amendment Dear Chris, In response to the feedback we have received to date from the Planning Commission regarding our pending Minor PUD Amendment for Building 8,Related WestPac is pleased to offer the attached Development Agreement regarding the vertical.circulation components of Building 7. This letter and the attachments supersede those transmitted on January 12,2009. Please consider the attached a supplement to our previously submitted Minor PUD Amendment. If you have any questions or require additional information, please contact me at(970) 922-2853. We look forward to further discussing this with the Planning Commission at their meeting on January 14,2009. Sincerely, RelateddWWestPac iW" W Scott Stenman Vice-President of Development Cc: D. Romero-Related WestPac J. D'Agostino—Related WestPac J. Barlow—Related WestPac A. Mayer—Related WestPac G. Melius-Related WestPac R. Forrest—Town of Snowmass Village J. Dresser—Town of Snowmass Village B. Krabacher—Krabacher&Sanders 132 West Main Street,Aspen.CO 81611 • (970)544,0620 (970)920.3384 fez www.related.com EXHIBIT "C" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 2 of 17 DEVELOPMENT AGREEMENT Building 7 Essential Public Facility) THIS DEVELOPMENT AGREEMENT(this "Agreement") is made effective as of the day of the_day of 2009 among BASE VILLAGE OWNER LLC, a Delaware limited liability company("BVO"), and the TOWN OF SNOWMASS VILLAGE, COLORADO, a Colorado municipal corporation (the "Town"). WHEREAS,BVO owns that real property situated in the Town commonly known as Lot 3,Base Village P.U.D Final Plat according to the Plat thereof filed February 2, 2006 as in Plat Book 77 at Page 31 (the "Plat") of the records of Pitkin County, Colorado (the "Prop "); and WHEREAS,the Town Council has approved by Ordinance No. 21 Series of 2004 (the "Ordinance") the final Plat, including a P.U.D. Guide(the "PUD Guide"); and WHEREAS the Town Land Use and Development Code (the "Code") authorizes the execution of"development agreements" by the Town. NOW,THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Conditions of Approval for Building 8.BVO agrees to perform the obligations set forth in Section 1.1 through Section 1.3 (the "BVO Undertakings"), which are conditioned on the Town Council approval of the Building 8 Minor PUD Amendment, and the Town Council approval of the Building 8 lot split(the`Building 8 Approvals"). The parties expressly acknowledge and agree that the Building 8 Approvals are not conditioned on the performance by BVO of the BVO Undertakings,but rather that the performance by BVO of the BVO Undertakings are conditioned on the receipt of the Building 8 Approvals. The BVO Undertakings, are acknowledged and agreed to have been voluntarily offered by BVO and are self-imposed by BVO in order to provide an enhanced use and value of the Property,such BVO Undertakings are commitments that BVO desires to make to secure an essential public feature of the Base Village development(specifically to provide for a safe and secure arrival area to the Base Village development), to protect the public safety and welfare, to provide a benefit to the public at large (and not just to benefit BVO as the developer of the Property), and to induce the Town to grant the Building 8 Approvals. The Town Council will either grant or deny the Building 8 Approvals based upon the Town's exercise of its police powers and will not grant or deny the Building 8 Approvals conditioned on the performance or nonperformance of the BVO Undertakings by BVO.The action of the Town in entering into this Agreement is based upon the understanding that the intent and spirit of the police power objectives of the Town relative to the Property are embodied in the development with the BVO Undertakings, and the Town is thus achieving its police power objectives and has not, by this Agreement, bargained away or otherwise 100214025.DOC\5)l EXHIBIT "C" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 3 of 17 compromised any of its police powers, and this Agreement does not purport,either impliedly or expressly, to restrict or in any way interfere with the exercise of the Town's police powers as the final zoning authority for the Town of Snowmass Village. 1.1 BVO will provide vertical circulation from the bus stop in the parking garage to the Village level of Base Village within the footprint of Building 7 ('B7 Vertical Conveyance"). The B7 Vertical Conveyance will consist of two escalators and two elevators consistent with Town approved plans for Building 7, as well as a covered entry/exit at each end. The plan is detailed further in Exhibit A. 1.2 BVO will finish the B7 Vertical Conveyance, as demonstrated by a Certificate of Substantial Completion issued by the architect of record or the engineer of record for Building 7,by November 20, 2009 ('B7 Completion Date"). 1.3 BVO will immediately post a payment and performance bond, approved by and in a form reasonably acceptable to the Town Manager,for Two Million Dollars ($2,000,000.00)(the `Bond") that will constitute the complete security for the estimated cost of the B7 Vertical Conveyance, with terms as described below(the"Conditions of Bond"). 2. Conditions of Bond. The conditions for issuance of the Bond are as follows: 2.1 BVO will post the Bond on or before January 19, 2009 and the Bond will become effective upon the expiration of the appeal period of the Building 8 Approvals described above, to the extent the Building 8 Approvals are granted(the"Bond Effective Date"). 2.2 The Bond will only be callable by Town after the Bond Effective Date and upon a Performance Default(as defined below).BVO will be required to demonstrate progress through monthly reporting to the Town establishing that the progress of construction of the B7 Vertical Conveyance is consistent with the B7 Vertical Conveyance Schedule as Exhibit B, and will be substantially complete by the B7 Completion Date. If for two (2) consecutive months BVO fails to show adequate progress establishing that the progress of construction of the B7 Vertical Conveyance is consistent with the B7 Vertical Conveyance Schedule as Exhibit B, and will be substantially complete by the B7 Completion Date, the Town may send a written default notice detailing the deficiency in such progress, and BVO shall have a period of fourteen (14) days to cure the specified default. If such default is not cured a "Performance Default" shall be deemed to have occurred, and the Town shall have the following remedies: (i) the Town may call the Bond, in which event BVO shall have no further obligations regarding the B7 Vertical Conveyance; and (ii) the Town is under no further obligation to issue any further Certificates of Occupancy for Lot 2,Lot 3, Lot 4, Lot 5, Lot 6 or Lot 7 00214025.DOC\5)2 EXHIBIT "C" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 4 of 17 of the Base Village P.U.D., unless and until the construction of the B7 Vertical Conveyance is substantially complete(whether such completion is performed by BVO,the surety under the Bond,a third party, or the Town). 2.3 The Bond shall terminate upon BVO's successful completion of the conditions in Section 1.1 and 1.2 above. 3.1 Binding Effect. This Agreement shall be binding upon the Town and BVO and shall inure to the benefit of BVO and its successors and assigns, as designated by a written assignment recorded in the Pitkin County Clerk and Recorders Office, 3.2 Burden and Benefits. Each of the benefits, burdens, terms,covenants, agreements and conditions of this Agreement shall be construed as covenants running with the land benefiting and burdening the Property or any applicable portion thereof, and it is the intent of the parties that such benefits,burdens, terms, covenants, agreements and conditions touch and concern such property. 3.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 3.4 Scope of Agreement.The rights granted to BVO by this Agreement are in addition to any other rights held by BVO under applicable law. 3.5 Interpretation. Unless the context of this Agreement clearly requires otherwise: (a) terms defined in the singular may be used in the plural, and terms defined in the plural may be used in the singular; (b) "including" and "such as" are not limited; (c) or" has the inclusive meaning represented by the phrase "and/or"; (d) the words hereof," "herein," "hereby," "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) Article, Section, clause, paragraph and Exhibit references are to this Agreement unless otherwise specified; and (f)references to any agreement(including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and,if applicable, the terms hereof. In the event of any conflict between a term,condition or provision of this Agreement and a provision of the Town's Municipal Code, the terms of this the Town's Municipal Code shall control. 3.6 Severabilitv. If any provision of this Agreement shall be invalid, illegal, void or unenforceable,it shall not affect or impair the validity,legality or enforceability of this Agreement or any other provision hereof, and a court shall enforce this Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and BVO as expressed in this Agreement. If any provision of this Agreement is invalid,illegal, void or unenforceable not in its entirety but as applied to a particular act, thing or circumstance, such provision shall not affect or impair the validity, legality or enforceability of this Agreement or any provision hereof as applied to any other act, thing or circumstance, and a court shall apply such provision and enforce this 00214025.DOC \5)3 EXHIBIT "C" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 5 of 17 Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and BVO as expressed in this Agreement. 3.7 Termination: Amendment:Waivers. This Agreement may not be terminated, modified or amended, nor may waivers hereunder be granted,except in writing and only with the consent and approval of BVO and the Town. 3.8 Notices. Any notice to be given to BVO or the Town under this Agreement shall be given by registered or certified mail, overnight courier, telecopy, telegram or hand delivered to the address of the party to whom notice is being given. Any notice sent by registered or certified mail will be deemed to have been received three business days following the date of mailing. Any notice sent by overnight courier will be deemed to have been received one business day following the date of delivery to the overnight courier. Either party may change its address for notice by advising the other party in writing of such change, and until the other party is so advised, it will be entitled to continue sending notices to the last address it is advised of in writing If to the Town: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village,CO 81615 Attn: Town Manager With copy to: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Attorney If to BVO:Base Village Owner LLC P.O. Box 6565 (LISPS Only) 16 Kearns Road, 3`a Floor(Fed Ex and UPS) Snowmass Village, CO 81615 Attn: Patrick N. Smith, President With a copy to: Krabacher I Sanders, P.C. 201 N. Mill Street, Suite 201 Aspen CO 81611 Attn: B. Joseph Krabacher 3.9 Recording.BVO and the Town each shall have the right to record this Agreement in the records of the office of the Clerk and Recorder of Pitkin County, Colorado. 3.10 Captions and Titles. All captions and titles of headings of Articles and Sections in this Agreement are for the purpose of reference and convenience and are not 00214025.DOC\514 tANIBIT "C" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 6 of 17 to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. IN WITNESS WHEREOF, the parties have caused this Development Agreement to be signed as of the date written above. TOWN: TOWN OF SNOWMASS VILLAGE,COLORADO A home rule.municipality By: Town Manager BVO: BASE VILLAGE OWNER LLC A Delaware limited liability company By: Print Name: Title: 00214025.DOC\5}5 EXHIBIT "C" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 7 of 17 EXH1Brf A Plans for B7 Vertical Conveyance) 100214025.DOC\5}6 EXHIBIT A page 1 of 8 BUILGING 7 VERTICAL CIRCULATION Scope Of Wcrk General: New ere indicated using bat Insulation and 5/8' ededor grade drywall an both sides. New, walls indicated wtth Close ketch. Exis& Ig stnwwre to remain In an as- 15 catsdlibn wig' weather pups sound sWcture. Vdlaga level to be waterproofed and all parent" to bed dad. utrad. Two elevatant be IncWled. Elevator ovemmm Temporary Pbvao madiaoomo be placed adiaceun to elevator as iodinated On plan. Elevator cabs to be 8rtished w@I plastic rmap ial designiinta tons and coupert file flow. MpaUng system to by Installed the t pan the Original design. Emergency sigoole" ndpa Pro cfetlsl village level to have snow mail and pawoB Insisted ro match the real of Sesa Vigaga. Le) of lernperary wall shag maintain approved fire lane width In front of the temporary building. Provide Bgtdng as spacifled in odg drawings for areas within the work boundary. Provide spri nders es" Woad for fine temporary structure- molntatn odgloal plan with n the work boundary areas. grdval Level: W indent required with wall slgnage typ Gat of other areas Of the gasps. O Prepare oval h lie gentile surrounding access Doan a Install sliding glass door. 3 Door between lobby and hill elevator Merin roam b ire locked alall fvne9- t+ol an egress door. m Provide lighting at bus unloading area it " a Me gapga public areas M have painted drywa0 walla and ca111rga, and rubber tllp footing. C) Q m P7 Level: A Z 2 Elevator lobby area for emergency access a* d required by code. provide a unitcaboot heater mounted at Me Gallant). N O W Village twat:Waterproofing to extent 48' up wall tar drfRed Stan'. Provide the mininwm roofing over Me hvo elevator sham. V A thatopofstrussurenotoccessit, toto the Provide atemporary" Iss indicted on sthtplan and shown, In detail o the Village lamspublic. Plan. r Provide snow matt and pavers in gib area. Q provide, minimal landscaping and site furnishings. provide site lighting as typical in Base' Alk N Provide Bate to Phase 3 we* - not accessible lo the Public. G Public press to have painted drywall wale, and ceilings and rubber the flooring. Snowmass Base Village Building 7 January 12, 2009 Arzea eF r Z t3 GdN iTRuc- TIoN e e 0 e r: a CD 0 X PoRTE GAS 40 O Z = Ca+ F I m tp N n W r> EtoN 29' PTEEMP m C err^ t4 42. Z m 0 n 0 .. R N p C rr O L' X1gTr 4 ZC t00 Exrmmr, q,Q, 4 P15, tce 7-e Ui k?? E1' IAtN f[ rRVGTro Site Plan at Village Level o Villa _ ig a r09 W p Fe 3 o : Elevation Side 51' U2 pj 104- tWATOW. Village Level WJ Elevation ooa- I EXHIBIT A ; pa ge4of8 i i 1 51' 1 1 I j I I J O 28 6" Q soso 1 48' Mmomz = I 1 o z _ I ANC)VrA nn 14' Roof Plan r N O O t0 Sno wmass Base Village. BurJ_ ding, 7 a e. A A iqgie E. VF4ffo i" g m W u Sol rn d WFILL iQ S Arrival k D O NO u:. u.•. aitxs:• cv, rte. ., r.-. . t..n =- DO' EXHIBIT A page 6 of 8 r gyp K, gN10. IN Aa• K G 7 m Cif 1 m mo z 2 1 m o z _ I ron I 9.. CD c nn AAA c Te gSaALATo. I tp P2 Level Snowmass Base Village ig,2009 0o a . o o r El o P1 Level Vnfmomw- Mass 0 : 211" WE ii i. c.,,._ a!•. ru ii/. Q:',, us.. o',...,, i;.,<. u,... 67..._, ii ui,.,. E°... 41. i y EXHIBIT A I o LML pa i+ c9. 49` m MIPILL mzgX moz =N C 0) 26' 29' Du B ALAT K v m n n dl lA` pry 20' O Ell Village Level 13 S; Base : Uillagei Snow mass I Building 7 J4 January 12; 2009' Ad" Ad1Mly oft y Y avR duN— T. n a4G_ LsEQ- - — ED OascrlPtlon I Our Start Finish ttt& ttt 1Lil5Z7. 296 1a242( A, 10J72AJ1. 7.1 Gcc Ac do PR010001 Prema7ufLm/ Cordrx4np 15 O6FEB09 26FEW9 IC- ncitrrg ' PROt0011 Bw76rq G/ re4e9pn/ pemet. 30 06FEB09 19MM09 3" Sl ra0eellpr/ perjnd SOMI Coesnnloo PROSD001 Steel stro. pd-- 09 w V31 Procure a" 45 20MAR09 21MAY stop el ogl procrne sb PR140001 1121natedescalator shop dawirgz 1 30 1 27FEB09 I 09APR09 S23lawlAodescalator chop era ap PRI40011 ApplovealarAwlesalatorshop dramhW 10 t0APR09 MAPRD9 OAppmlw Wv Mtlesd or chop dnvrinp PR1400 I Ipmur, escwaw 24APR09 13AUG09 Pw ear # 7ar 12 1JU109 PRI40021 P rowja escalator rw elavamrs 5l ardp3 Sim Corsooscon AA010007 MohT¢ eto situ 5 1 01MAY09' 07MAY09 PMobMmp sft Vatic) Tsmpmttim --__ AA140001 Install elevatorH 30 17JULA9 VAUG09 sL jsfa0 aova} wC1 AA140011 Irab0elevator02 60 31JUL09 2200709 nstaB elenm s¢ AA140027 IiInstall escalator 70 14AUG09 19NOV09 rmb0 escala 0 AA140031 jSewWWe= alatorWwhW 4 20NOV09 MOV09 PJevatoal Bator pwltlukp Q Ctccvw/ P . hhm AA200002 Firdsh hAlestraw 0 25NOM Finish Mimstonop, m 7 6tm corsavo5on m O X AIA20011 0emo9sh elevator Y2? 7? d!B 3 1Sit 19MAy09 emollsh A2 opeNrg C FPO 2 = AID30001 jlnM elevator Y2 opening 4 20MAY09 25MAY09 rgglelevam f2openind N n Fioisho Cmmnrtian O ( n C AL090001 FratrWdrlwa ftpe 8fnish 10 2mumog IWULO9 fEMFraoWdEDwAVbqxi 8 finish Z Z AIMWII Pewtinp 3 13JUL09 ISJUL09 Mawrng n n A1O90027 Flooring 5 161VL09 22JULD9 laodrg co .. Mclaorct COmoWion AL150001 Radlaruff" roughin 5 19JUN09 2WL" I 1331idiwrt 0oM, rough to N AL150011 Flro aMa0der mgh M 2 25. IUN09 26JL1N09 litre spMMai rough M O ALt50021 Meolarial/ fresprhe0ertrim 2 23JUL09 24JUL09 67eechanical/ flrozprin" btrn 1p FJavicl Carrmrr. 0oa AL160001 I llectrkal nagh M 4 19JUNDS 24JUN69 dal rough in A1160011 FJeaialtr( m 2 23JUL09 24JUL09 Ebctrical Ulm Clmmat/ Rmr Iia._.. _. .-. AL2DO O1 I Prnrhfat/ fuelmspx0a6 5 Z7JUL08 91JUL09 Oftoci0st lfhrd ios Sill p4s eaF a ® 6a9 gw Om1 91rw1 d2 FishbDols Osh Mr oaseem oAp... aw CFCJPCL. a Joint Venture I nG4o 1aN1CF 1343 ® UNd Are47 Bu9tlMg 07- PRELIMINARY Music Srlwdute layout O Pdnravera , Irx: Awvtty Activity Odg E" Eaft m 0escipUOn piy start Wtlsb 1 FmiAn Camm sion F' JD90001 Frard& ftrA? bW& ft; h 4 13JUL09 16JUL09 I a2mddryna0dape& finish Fsudb Conso x* on P709000t lFmnwdrfwAnwe& ush 6 17JULM 24JUU9 randdrYwd9tepa 8flMS0 Caovde CacstrWioo VL030005 jDwvl5hdtavamrvzqAwm 3 1 2BMAY09 ZBWYM 6 aum nopenrg V- 030009 3 29MAY09 UJUN09 QMBIF^ RnpnQn9 N- 030002 IMocidications to m= ete for steel roof 1 5 OBMAY09 14AY09 OBOdUIWlanab faistnlroot CavmurJimr 4J190001 BRasantY 5 OBJUL09 tOJUL09 Scl Caem iun NL5000t Istnactum steel nwfand mew deck 20 22MAY09 1BJUN09 bowl st4el: roof and mate) deck W ge COnssalloo VL070001 Roofing 7 19JUN09 2UUN09 tooling VL070002 Oeck waterp= FM& topping slab 10 13JUL09 20. NL09 EbaekwabwprwirgB ng stab! Q Ome and Wi vs O VL040001 VOMOws" stonstont 3 24JUN09 26JUN09 ndaW4 end Sldahont Finis sCme cn VL090100 jFronmftf,) Unish 10 Z71UL09 07AUG09 EFnrndmW4lfi3Pe M( sh 0 i VL090001 F rbrs4rdsartl srca0rinp 5 t9JUNOS 25JMO9 sbrrfsaM ahalfNng 0 m Q v VL090011 Sh— 5 1 29JUN09 I 03JUL09 m C Z ZI Or ( DC vm nn O N OO m bL D4 NFFB] i ® F IX l 01 5 2o( 2 Ou Ra0ess Ba CFC/ PCL. a Joint Vertaae o Wn O r> w+ m ssss ® CAScaA*' Y Building 97- PPEUMINARY classic SdddeLayout 0 Primavera Systems, Inc. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: January 20, 2009 SUBJECT: PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 17, SERIES OF 2008 BUILDING 138, BASE VILLAGE Applicant: Related WestPac, LLC on behalf of Base Village Owner, LLC Planner:Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Related WestPac LLC ("Applicant'), on behalf of the landowner, Base Village Owner LLC, a Delaware limited liability company, has submitted a Minor PUD Amendment application concerning Building 13B, Base Village PUD. Action Requested: Open the Public Hearing to receive public comment and then consider whether to approve, modify, further continue or deny second reading of the enclosed ordinance. Please be advised that the application involves requests to modify the build-out chart and approve a height modification. Both matters require approval by at least three-quarters (3/s) of the members of the Town Council present and voting. 2. BACKGROUND: Town Council Ordinance No. 17, Series of 2008 ("Ordinance 1 T'), received first reading approval on December 15, 2008. The ordinance was amended during that meeting with direction to staff that the additional employee housing requirements for the modifications made to Building 13A as approved by Ordinance No. 4, Series of 2008, and this Minor PUD Amendment for Building 13B be provided within Lot 8 (Building 13A) and/or Lot 9 (Building 13B). Ordinance 17 wa's then amended and provided for second reading approval at the January 5 Town Council meeting. You will recall that the Applicant needs to provide an addition 559 sq. ft. of employee housing within either Building 13A or 13B. The Applicant expressed an intention to convert a studio unit within Building 13A to create the additional employee unit and was directed to show specifically what unit was being converted and where it is located within that building. Discussion during the January 5 meeting also concerned the Base Village Arrival Center Building 7) and the uncertainty of whether the transit facility and the vertical access within the building to the Village Level would be completed prior to next ski season. The Applicant was directed to return with a more definitive response for discussion at the January 20 meeting. Final action on Ordinance 17 was then continued to this meeting. A Development Agreement responding to Building 7 was submitted for consideration as an amendment to the Building 8 1 Minor PUD Amendment. See staff comments below for further information regarding the employee housing requirement. 3. PLANNING COMMISSION RECOMMENDATION: Please refer to Resolution No. 10, Series of 2008, which was included within the December 15 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. 5. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS: The major items for this application were included within the December 15 Town Council packet. The applicable review standards, employee housing comments (including comments concerning additional information provided on January 15 by the Applicant) and a recommendation regarding new Conditions 7 & 8 included in the Ordinance have now been provided. Employee Housing. On January 5, the Town Council directed the Applicant to identify where an additional 559 sq. ft. of employee housing could be located within Building 13B and/or 13A. On January 15, the Applicant provided a proposal, as further described in Exhibit "A" of the Ordinance, to convert one of the studio units on the Second Floor within Building 13B, currently 432 sq. ft. in size, to be an enlarged employee unit being 488 sq. ft. in size. They further propose to reduce the hallway width adjacent to three (3) of the proposed employee units on the Village Level to include 35 sq. ft. as part of one or more of those units. This would create 483 sq. ft. of additional employee housing square footage as part of the proposal. 11" X 1 T' color copies of the Exhibit A" documents have been placed in your Town Council boxes. The elimination of a studio unit will reduce the employee housing requirement for Building 13B by 76.1 sq. ft. thus reducing the additional square footage requirement discussed on January 5 from 559 sq. ft. to 483 sq. ft. which the Applicant proposes will be satisfactorily addressed by the Exhibit "A" proposal. The Town Council, of course, would need to accept this amendment to the application. The enclosed ordinance is currently written for acceptance. Please review Exhibit A" , Finding No. 4 (Lines 127-156) and the conditions found on Lines 205-224. Staff will provide additional comments at the meeting. The application, as may be amended on January 20, proposes increasing the number of employee housing units within Building 136 from five (5) units (2,926 sq. ft. total) to eight (8) units (5,617 sq. ft.), thereby adding an additional 2,691 sq. ft of employee housing within Building 13B. The proposal will actually decrease the mitigation housing required for Building 13B by 181.5 sq. ft. for a reduction in the amount of mitigation employee housing required for the building compared to as approved in the original PUD. Condition No. 2 of Ordinance No. 4, Series of 2008 ("Condition 2"), which provided a Minor PUD Amendment approval for Building 13A, Base Village, required that 2,866 sq. ft. of additional mitigation restricted housing be provided within Lot 8 (Building 13A) or Lot 9 (Building 13B). Considering the application, as may be amended, for Building 13B, the combined mitigation requirement for both buildings will be 32,614 sq. ft. which represents a 2,685 sq. ft. increase 2 from the First Amended Restricted Housing Agreement ("Amended Agreement") approved by Ordinance No. 3, Series of 2007. Based upon the original application, staff recommends that the requirement of Condition 2 be amended from 2,866 sq. ft. to 2,685 sq. ft. It still remains appropriate to require that it be mitigated within Lot 9. Building 13A is intended to provide 2,148 sq. ft. of employee housing and Building 13B will provide 5,080 sq. ft. for a total of 7,765 sq. ft. This represents a 2,685 sq. ft. increase above the requirement for both buildings established in the Amended Agreement. Staff believes that, based upon the application as may be amended, the Applicant has sufficiently satisfied the intent of Condition 2. 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. Condom iniumization. Staff is recommending the approval of Condition No.'s 7 and 8 of the Ordinance to clarify that employee units within Base Village are only assessed a fifty percent (50%) share of the common expenses, that each unit needs to be deed restricted subject to the requirements of Chapter 17 of the Snowmass Village Municipal Code, Base Village Restricted Housing Agreement and Town Housing Department Guidelines in effect at the time of condominium ization and sold in conformance with the Town Housing Guidelines. Comments will be provided at the meeting. ATTACHMENT: 1) Employee Housing requirement worksheet. HANDOUT: 11" X 1 T' color copies of the Exhibit "A" documents 3 Building 13A EH Calculations Building 13B Ord. 4 of 2008 Unit or SF Multiplier Employees EH Calculations Studio/ 1Bedroom 107 0. 38 40. 66 As Currently 2Bedroom 34 0. 76 25. 84 Proposed Unit or SF Multiplier Employees 3 Bedroom s 0. 52 4. 6e Studio/ 1 Bedroom W43 a. 3e 16. 31 4 Bedroom 2 0. 62 1. 24 2 Bedroom o. 7s 18. 21 Food & Bevera a 8, 899 5. 16 45. 92 3 Bedroom 0. 52 2. 60 Commercial 290 4. 83 1. 40 4 Bedroom 0. 52 0. 00 Spa 5, 056 0. 96 4. 85 Total Employees Generated: 37. 18 Total Employees Generated: 124. 59 X 45% X 448 X 45% X448 Required Mitigation SF: 7, 495. 49 Required Mitigation SF: 25, 118. 01 Minus First Amendment Amount: 7, 677. 00 Minus First Amendment Amount: 22, 252. 00 Additional Mitigation EH Required: A81. 51 Additional Mitigation EH Required: 2, 866. 01 Employee Hsq. Requirement 13A 13B TOTAL Orig PUD Housing Agreement 23, 389 8, 197 31, 586 Ord. 3 of 2007 ( 1st Amendment) 22, 252 7, 677 29, 929 Ord. 4 of 2008( Bldg. 13A) 25, 118 7, 677 32, 795 2, 866 s.f. increase from 1st Amendment D 13B As Proposed 1 25, 118 1 7, 496 1 32, 614 2, 685 s.f. increase from 1st Amendment Provided E. H. sq. ftg. D Current 13A n Ord. 3 Proposed Orig PUD of 2007 138 m 13A 1 0 2, 154 2, 148 138 1 5, 100 2, 926 5, 617 2, 691 s.f. of additional EH being proposed TOTAL: 5, 100 5, 080 7, 765 2, 685 s.f. increase from 1st Amendment 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 17 5 SERIES OF 2008 6 7 AN ORDINANCE CONCERNING A MINOR PUD AMENDMENT FOR BUILDING 13B, 8 BASE VILLAGE PUD AND AMENDING THE COMPREHENSIVE PLAN BUILDOUT 9 CHART FOR THE BASE VILLAGE PUD. 10 11 WHEREAS, the Base Village Final Planned Unit Development ("BV PUD") was 12 approved by Town Council Ordinance No. 21, Series of 2004 ("Ordinance 21"); and 13 14 WHEREAS, Planning Director Administrative Modification No. 16 was approved 15 on November 22, 2006 as documented in the Record of Decision dated January 23, 2007 16 that amended the original PUD and authorized certain modifications to Building 13B, BV 17 PUD; and 18 19 WHEREAS, the Applicant previously submitted an application concerning both 20 Buildings 13B and 12; and 21 22 WHEREAS, that application was subsequently withdrawn; and 23 24 WHEREAS, Related WestPac LLC ("Applicant"), on behalf of the landowner, Base 25 Village Owner LLC, a Delaware limited liability company, has now submitted a Minor PUD 26 Amendment application concerning Building 13B alone; and 27 28 WHEREAS, said application involves a modification of the unit mix for Building 29 13B to provide twenty-six (26) studios, eighteen (18) one-bedroom units, twenty-four (24) 30 two-bedroom units and five (5) three-bedroom units with an increase in the number of 31 lock-offs to twenty-one (21); and 32 33 WHEREAS, the Applicant further requests a modification of the height limitations 34 along the south elevation in order to provide egress for additional employee housing units 35 within the building and approval to reduce the number of elevators from three (3) to two 36 (2); and 37 38 WHEREAS, this application concerning Building 13B is more fully described within 39 the application notebook and 11" X 17' diagram/matrix packet dated November 6, 2008; 40 and 41 42 WHEREAS, in addition, the Applicant has included a Unit Equivalency (UE) 43 request to amend the Comprehensive Plan Buildout Chart to increase the Base Village 44 UE from 391.4 UE to 394.35 UE; and 45 46 WHEREAS, the 2.95 UE increase provides for the proposed modifications to 47 Building 13B; and 48 TC Ord.08-17 Page 2 49 WHEREAS, a meeting was held before the Planning Commission on November 50 19, 2008 to receive a presentation by the Applicant, hear the recommendations of the 51 Town Staff and review the application; and 52 53 WHEREAS, Resolution No. 10; Series Of 2008, was unanimously adopted at said 54 meeting providing the Planning Commission recommendations regarding the application; 55 and 56 57 WHEREAS, the Applicant provided a presentation to the Town Council concerning 58 the application at their December 15, 2008 meeting; and 59 60 WHEREAS, the Town Council reviewed the application and granted first reading 61 approval of this Ordinance during said meeting; and 62 63 WHEREAS, on January 5, 2009, the Town Council conducted a public hearing, 64 further reviewed the application and heard the recommendations of the Town Staff and 65 Planning Commission as well as the public comments; and 66 67 WHEREAS, the matter was then continued to the January 20, 2009 Town Council; 68 and 69 70 WHEREAS, said request was considered by the Town Council pursuant to Section 71 16A-5-390 of the Municipal Code. 72 73 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 74 Snowmass Village, Colorado: 75 76 Section One: General Findings. The Town Council generally finds: 77 78 1. The Applicant has submitted sufficient information pursuant to Section 16A-5- 79 390 of the Municipal Code to permit the Town Staff and Town Council an 80 adequate review of the proposed Minor PUD Amendment. 81 82 2. Except as may be noted within Section Two below, the application is consistent 83 with the applicable review standards specified within Section 16A-5-390(3) of 84 the Municipal Code. 85 86 Section Two: Specific Findings. The Town Council specifically finds: 87 88 1. Consistent with the original PUD. The proposed modifications must be found 89 to be consistent with, or an enhancement of, the original PUD approval. The 90 Town Council finds that the modifications are consistent with the original BV 91 PUD for the following reasons: 92 93 a. The original PUD provided twenty-three (23) studio units. The 94 Administrative Modification approved on December 6, 2006 reduced that 95 number to fourteen (14). The current proposal is to increase the number TC Ord.08-17 Page 3 96 of studio units to twenty-six (26) thereby increasing the number of smaller 97 hotel-like" units within the building. 98 99 b. The number of lock-offs have been increased from six (6) in the original 100 PUD to twenty-one (21). 101 102 c. The Applicant is providing two (2) additional employee units to return the 103 number of units within the building to seven (7), being the number provided 104 in the original PUD. 105 106 2. Unit Equivalency. Town Council Ordinance No. 4, Series of 2008 (Building 13A 107 Minor PUD Amendment), confirmed that the maximum allowed Unit Equivalency 108 UE") for the Base Village PUD may only be amended to be 391.4 UE and that in 109 order for any future further amendment to the Base Village total UE to be 110 considered, the applicant must satisfactorily explain in the context of all 111 reasonably foreseeable amendments to the BV PUD the necessity for any 112 increase in the total UE. 113 114 The UE for Building 13B is currently 41.25 UE and would increase to 44.20 UE 115 2.95 UE increase) should the amendment be approved. The Town Council finds 116 that the proposed 2.95 UE increase is acceptable as it involves an increase in 117 studio units (26 proposed vs. 14 in current PUD) to actually even increase the 118 number of "hotel-like" studio units above the 23 studio units that were to be 119 provided by the original BV PUD. In addition, the Applicant has increased the 120 number of lock-off units from 10 to 21 lock-offs may help offset the three (3) 121 bedroom decrease which may increase the hotel condominium rental opportunities 122 within the building. 123 124 3. Unit Configuration. The Town Council finds that the unit layouts within Building 125 13B are generally consistent with the original BV PUD design. 126 127 4. Employee Housing. The application proposes increasing the number of 128 employee housing units within Building 13B from five (5) units (2,926 sq. ft. total) 129 to seven (7) units (5,134 sq. ft.). 130 131 The original BV PUD required 7,677 sq. ft. of mitigation employee housing for 132 Building 13B. The modifications proposed would require 7,572.1 sq. ft. for 133 Building 13B which would result in a 104.9 sq. ft. reduction in the amount of 134 mitigation employee housing that would be required as part of the Base Village 135 Employee Housing Agreement. 136 137 Condition No. 2 of Ordinance No. 4, Series of 2008 ("Condition 2"), which provided 138 a Minor PUD Amendment approval for Building 13A, Base Village, required that 139 2,866 sq. ft. of additional mitigation restricted housing be provided within Lot 9, 140 containing Building 13B. 141 TC Ord. 08-17 Page 4 142 Considering the application for Building 13B, as amended on January 15, 2009, 143 the Town Council finds that the combined mitigation requirement for both buildings 144 will be 32,614 sq. ft. which represents a 2,684 sq. ft. increase from the First 145 Amended Restricted Housing Agreement ("Amended Agreement') approved by 146 Ordinance No. 3, Series of 2007. 147 148 The Town Council finds that the requirement of Condition 2 may be amended from 149 2,866 sq. ft. to 2,685 sq. ft.. Building 13A is intended to provide 2,148 sq. ft. of 150 employee housing and Building 13B, as amended, is proposed to provide 5,617 151 sq. ft. for a total of 7,765 sq. ft. This represents a 2,685 sq. ft. increase above the 152 requirement for both buildings established in the Amended Agreement. The Town 153 Council finds that, with the additional 483 sq. ft. of employee housing being 154 proposed by the amendment described in Exhibit "A", the Applicant has sufficiently 155 addressed the requirement to provide the amount of employee housing required 156 for Building 13B and to satisfy the intent of Condition 2. 157 158 5. Elevator Modification. The application requests approval for the deletion of a 159 passenger elevator from Building 13B. The Planning Commission 160 recommendation was that the provision of two (2) elevators with one having 161 intermittent passenger use could be marginal. The Town Council has considered 162 their recommendation but finds that two (2) elevators will be acceptable 163 recognizing that it will be a management responsibility to ensure passengers will 164 not experience delays. 165 166 6. Building Height. The Town Council has reviewed the height variation along the 167 south elevation of Building 13B requested by the Applicant and determined that it 168 is necessary to create windows for the employee housing being provided. The 169 placement of the retaining wall will create a condition whereby the height increase 170 will not be visible from surrounding properties. The Town Council therefore finds 171 that the variation should be granted. 172 173 Section Three: Action. The Town Council hereby approves the following: 174 175 1. Buildout Chart. The request to increase the Base Village Unit Equivalency of 176 391.4 UE by 2.95 LIE for Building 13B is hereby approved. Therefore, the 177 Comprehensive Plan Buildout Chart is hereby amended for Line B3, Base Village, 178 Future # Of Dwelling Units" to 394.35 Unit Equivalents as said amendment has 179 been approved by at least three-quarters (3/4) of the members of the Town Council 180 present and voting. 181 182 2. Height Variation. The request to lower the finished grade for a distance of 183 approximately 105.feet along the south face of the building, as shown on the 184 elevation drawings contained within the application, increases the finished grade 185 building height within that area by ten (10) feet. Said modification is hereby 186 approved by at least three-quarters (3/4) of the members of the Town Council 187 present and voting. 188 TC Ord.08-17 Page 5 189 3. Amendment Acceptance. The Town Council accepts the amendment to the 190 application to convert a studio unit on the Second Floor to a create an 191 additional448 sq. ft. employee housing unit and increase the amount of employee 192 housing square footage within Building 13B by 483 sq. ft„ as further described in 193 Exhibit "A" of this Ordinance. 194 195 4. Minor PUD Amendment. Subject to the conditions contained within Section Four 196 described below, the Minor PUD Amendment for Building 13B, as further 197 described within the application documents being the 3 ring application notebook 198 and 11" X 17" diagram/matrix packet dated October 20, 2008, as re-submitted on 199 November 6, 2008, and the amendment described in Exhibit "A" of this Ordinance, 200 is hereby approved 201 202 Section Four: Conditions of Approval. The approval of the amendments stated within 203 Section Three above shall be subject to the following conditions: 204 205 1. The Applicant shall be required to provide architectural plans confirming the 206 design solution for the additional 483 sq. ft. of employee housing within Building 207 13B, as shown on Exhibit "A" attached hereto. 208 209 2. The final approved architectural plans for the Village Level and Second Floor as 210 well as an amended Development Statistics Matrix shall be provided to the 211 Planning Director within thirty (30) days of this approval. 212 213 3. The Housing Director shall review the plans to determine consistency with Town 214 employee housing design specifications regarding counter tops, cabinets, fixtures 215 and appliances, etc. for approval prior to building permit issuance. 216 217 4. The Applicant may appeal any denial of the final design plans to the Town Council 218 for final determination. 219 220 5. The final approved plans and specifications shall then be reviewed and approved 221 by the Town Housing and Planning Directors prior to building permit issuance. 222 223 6. Said units shall be fully completed prior to the issuance of a Certificate of 224 Occupancy for Building 13B. 225 226 7. The Condominium Documents for Building 13B shall reflect that the "Share of 227 Common Expenses" allocated to each employee housing unit in Building 13A (if 228 the 559 sq. ft. unit is located there) and/or Building 13B shall be 50% of the share 229 otherwise attributable to such employee housing unit as calculated in accordance 230 with the assessment formula set forth in the documents pertaining to the free 231 market units. 232 233 8. A restrictive covenant shall be placed on each employee housing unit approved by 234 this Ordinance designating each unit as restricted housing subject to the 235 requirements of Chapter 17 of the Snowmass Village Municipal Code, Base TC Ord. 08.17 Page 6 236 Village Restricted Housing Agreement and Town Housing Department Guidelines 237 in effect at the time of condom iniumization. 238 239 Section Five. Severability. If any provision of this Ordinance or application hereof to 240 any person or circumstance is held invalid, the invalidity shall not affect any other 241 provision or application of this Ordinance which can be given effect without the invalid 242 provision or application, and, to this end, the provisions of this Ordinance are severable. 243 244 INTRODUCED, READ, AND APPROVED, as amended, on first reading by the motion of 245 Council Member Wilkinson and the second of Council Member Mordkin by a vote of 4 in 246 favor and 1 against, on this 15'h day of December, 2008. 247 248 APPROVED, READ, AND ADOPTED, as amended, on second reading by the motion of 249 Council Member and the second of Council Member 250 by a vote of _ in favor and _against, on this 201h day January, 2009. 251 252 TOWN OF SNOWMASS VILLAGE 253 254 255 Bill Boineau, Mayor 256 ATTEST! 257 258 259 Rhonda B. Coxon, Town Clerk 260 261 262 APPROVED AS TO FORM: 263 264 265 John C. Dresser, Jr., Town Attorney Exhibit "A" TC Ordinance No. 17, Series of 2008 Page 1 Of 3 RELATED WESTPAC MEMORANDUM To: Chris Conrad From: Kirk Funkhouser Date: January 15, 2009 RE: Added Employee Housing for Buildings 13A/B Cc: Dwayne Romero Jim D'Agostino Scott Stenman Chris, Pursuant to direction received at the last Town Council meeting, Related WestPac has identified the following solution to the additional 559sf of Employee Housing (EH) required for Buildings 13A and 1313: We will need to reduce the unit count of our market rate inventory by the one unit that will become an EH unit. This reduces the EH requirement as follows: 0.38 x 0.45 x 448sf= 76.lsf 559sf-76.lsf=483sfadditional required EH In Building 13B, Second Floor, we propose converting the A10 studio unit type to EH. This unit is currently 432sf and we will enlarge the unit by moving its demising walls to meet the 448sf minimum requirement. It will also be redesigned to provide required amenities. This leaves a shortfall of 35sf to meet the 483sf required. 13B will have twenty-five studios versus fourteen approved. The 35sf of additional required EH will be achieved by enlarging one or more of the existing EH units in Building 13B. The corridor along these units is approximately 7'-0" wide and we propose relocating the EH unit demising wall into the corridor to increase the EH unit size by a minimum of 35sf. The corridor will remain at least 6'-0" wide. Please refer to the attached two floor plans and feel free to call me with any questions. Attachments: Building 13B —Village Level Plan, hand dated 1/15/09 Building 13B— Second Floor Plan, hand dated 1/15/09 See Exhibit 1 Section A and B O . uwlulx! Ofee xoou.., soccans > xieu.. 6ff) ROOM y4v1 LWI Q ., pi, loKKgrs C p . NF= 11\, a o O en CA v w CZ Y E E d m. y ao ert I n o All. y r N A11 60Z 0 BIT I1I1 1 Lum m m wwa O sE JuvuReAS' E7 1,l, tea.: F p10 1, 1DI0 JD a aa: t5 0° FRo*" 1 13Z5F 0 y B sF, ylD DE314"''"` GI ps rlxsm+ fLERWR- G- CP1F1lITlES. wmavl. vevKmm Second FIOOr Plan m v+• s.nA2. 04 SECOND LEVEL FLOOR PLAN - PROPOSED RELATEDWEST PAC (, _ r o See Exhibit 1 Section D IWIlfllll O , ememraauu, cr. arr, cu sro EN W Wtm EXm co O E A E o 0 O N EH W m d o . . FkoPnst hovrw n E to N d1 E#4 blG Imi- 15 % ON- / I. ITO F a r c TH£ GnF. nlr ox- TO W- S.'4 31: m OF na>, 71oi- 4 6, 4 to d ; vzen Cn t z fN XwrO M F r pm no, rtv WY9ft, pL emy is w, au` a Uellao.. e L8- 1 Floor Plan r or r5 o9 A2. 03 VILLAGE LEVEL FLOOR PLAN - PROPOSED r RELATED { - 1r7 a WESTPACi _ Novembar TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANGER SUBJECT: MANAGER'S REPORT DATE: January 20, 2009 Comprehensive Plan Update The Planning Commission did have a special meeting on January Ie, 2009 to complete their work on the Comprehensive Plan. However, the review of Building 8 required significant time of the Commission. The Planning Commission has designated their regular meeting on January 215t to make significant progress on their review of the draft update of the Comprehensive Plan. Follow-up on Free Concert Series At the budget contingency discussion in December of 2008 the Council asked the Marketing Department to provide a summary of both costs and revenue associated with selling alcohol at the Free Concert Series. The following table provides that summary: 2008 Free Series Bar Settlement REVENUE Sales 84,994.44 Bar Sponsor AB 20,000.00 TOTAL 104,994.44 EXPENSES AB Beer 19,495.15 Southern Wine 18,487.16 Bar StafflMana ers 8,494.13 Liquor Permit 450.00 Security Incremental to Usual 12,250.00 Aspen Cool Ice 3,600.00 US Food (Cups) 2,300.00 Ambassadors 2,160.00 TOTAL 67,236.44 NET BAR PROCEEDS TOWARDS $ 37,758.00 FUNDING THE CONCERT SERIES Summary of Ongoing and Pending Strategic Actions Last Updated —January 15, 2009 Staff Action Status Date to follow-up w/ Contact Council Land Use Comp. Plan Comprehensive The Council and Planning Commission have February 16, 2009 Team Plan Update directed staff to develop a new format for the Comprehensive Plan to make it more concise. The Planning Commission completed their review of the vision, economics, and natural resources. Chris Conrad Local Retail Tool The Planning Department completed a February 16, 2009 Box & Demolition research project on policy options for influencing/controlling retail. Council expressed interest in having a formula based retail program that could control the diversity and type of retail. Next steps include determining a cost for a consultant to develop this type of program. In addition, staff has researched options for controlling the demolition of buildings with public value. This was presented to Council on September 22ntl The primary idea that came from the research included creating a Historical District where there is an express purpose to protect building of historical significance. Russ Tree Ordinance Frame goals and provide alternative February 16, 2009 approaches to tree protection. Staff has several ordinance examples available for Council. Trees on single-family lots are protected through the Snowmass HOA, which does regulate tree removal. Most PUDs in Snowmass have Landscape Plans that provide some level of protection from tree removal. Other Land Use Other Land Use Code Improvements should Code Issues also be considered with the completion of the Comprehensive Plan. Staff would recommend having a work session with Council to review potential code changes. Housing Russ Forrest Rodeo Place — As of December 4, 2008 Rudd Construction February 2, 2009 Michael Phase I and ROI (owners rep) where both on time and O'Conner projecting project savings (i.e. we are not currently anticipating to use all the contingency budgeted for the project). Russ Forrest Rodeo Place — Council needs to determine if phase II should February 2, 2009 Phase 11 proceed as planned. Council has also expressed interest in seeing if additional density is possible on the site. If Council would like to test whether additional density is appropriate on the site, staff would propose a relatively low cost design charrette that would involve Colburn Architects and ROI (our owner's representative). This would cost approximately $6000 and would test whether it was feasible to get additional density on the site and a rough order of magnitude of cost. This money could be paid out of the budget savin s from Phase I. Housing Draw Site/Land As directed, the Housing Director retained February 2, 2009 Department Inventory Design Workshop to complete a site analysis of the Draw Site for a housing project. Design Workshop has developed several alternative scenarios. Staff would be happy to review these site designs with Council. In addition, staff would recommend that a land inventory be completed (this is recommended in the draft Comprehensive Plan) to determine other potential housing project sites. Staff would recommend that we review the Draw site alternatives and also discuss with Council the idea of doing a thorough land inventory to determine other potential housing sites. Housing Housing Policy The consultant has completed a rational February 2, 2009 Department nexus study and can begin to work with the Town on a new housing policy. The Planning Council has asked Commission is also reviewing housing goals that this occur after as part of the Comp. Plan review. Staff will the PC completes schedule two agenda items based on the input review of Comp. Plan from Council on October 6 (these could be on or at least the the same dates) which would be 1) policy housing chapter. discussion to modify the current land use code related to affordable housing; and 2) a review of deed restriction policy. Joe C Natural Disasters On 11/3 Council asked that staff further March 2, 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 % value of the home and requirements for comprehensive insurance. Budget/Finance Finance Monitoring Staff is carefully monitoring revenue and January 20, 2009 Department Revenue projected revenue by: Reviewing projected occupancy and yield in the next 4 months in Snowmass Village Monitoring sales and lodging tax Monitoring parking and transit usage Regular communication with ski company, lodges, retail businesses on business activity Marianne Discussion of Council requested a direct discussion with March 2, 2009 hours with stakeholder(Aspen Skiing Co, West Pac stakeholders on Related, Staff, merchants) on hours of skittles lift summer operation for the Skittles. operation Environment/Sustainability Jason Haber Bring REOP back This was requested of council via a motion on March 2, 2009 at the 15' meeting October 20, 2008. in March 2009 to review the program Jason Haber Sustainability A draft plan was presented to Council on February 2, 2009 Plan August 4, 2008, and is being updated to include a more detailed action plan, preliminary cost analysis and departmental assignments. Other Projects Art Smythe Incident Command Invite Ellen to do a 1 hour overview of ICS for To be scheduled System Council Mark Kittle CO Ordinance Prepare a CO ordinance for the Council's March 2, 2009 consideration P:IMANAGER.XSCIManagers Report 09101-20-09.doc 5th DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA FEBRUARY 2, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THEIR STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 2. SERIES OF 2009 BUILDING 8, BASE VILLAGE PUD Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Jim Wahlstrom/Chris Conrad............................ Page (TAB--) Item No. 5: ARTS ADVISORY BOARD 2009 BUDGET AND WORK PLAN Time: 45 minutes) Jason Haber..................................................Page (TAB--) Item No. 6: PHASE II RODEO PLACE HOUSING DISCUSSION Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Listen and discuss Phase II Rodeo Place Michael O'Connor, Robert Kaufman, Dan Rotner and Russ Forrest Page (TAB--) Item No. 7: DRAW SITE UPDATE/INVENTORY OF HOUSING SITES Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Listen to update Russell Forrest and Design Group.......................Page (TAB--) Item No. 8: SUSTAINABILITY PLAN UPDATE Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Listen to Sustainability Plan Jason Haber....................................................Page (TAB--) 02-02-09 TC Page 2 of 2 Item No. 9: 2009 BUDGET CONTINGENCY PLAN Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Review occupancy reports and provide input on Contingency Plan Marianne Rakowski.............................................Page (TAB--) Item No. 10: MANAGER'S REPORT Time: 10 minutes) Russell Forrest .................................................Page (TAB--) Item No. 11: APPROVAL OF MEETING MINUTES FOR:AND Page (TAB--) Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Aaarox 4 hours and 40 minutes excluding items 1-3 and 11 —13) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. If the Meeting ends before 9:00 p.m.) SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, DECEMBER 1, 2008 CALL TO ORDER AT 4:08 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, December 1, 2008 at 4:08 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Arnold Mordkin. COUNCIL MEMBERS ABSENT: Markey Butler. Russ Forrest, Town Manager; John Dresser, Town Attorney; Marianne Rakowski, Finance Director; Susan Hamley, Marketing Director; Art Smythe, Chief of Police; STAFF PRESENT: Hunt Walker, Public Works Director; David Peckler, Transportation Director; Lesley Compagnone, Public Relations; and Donna J. Garcia-Spaulding, Deputy Town Clerk Evan Clark, Mary Harris, John Quigley, Dave Harris, Pat Smith, Amy Stillman, Scott Stedman, Julie Findley. PUBLIC PRESENT: Derek Johnson, Robert Sinko, Steve Alldredge, Katie Redding, Gary Quist, Linda Johnson, John Settnal and other members of the Public interested in Today's agenda. Item No. 2: PUBLIC NON-AGENDA ITEMS Snowmass Village Resort Association (SVRA) Attorney Evan Clark explained a letter he sent to Council addressing a request by SVRA. The request asks the Town to vote its interests in the property owned within West Village and to dissolve the declaration. Mr. Clark explained that this is the first step in the process that will result in the removal of covenants from the property in West Village and will be followed by the dissolution of SVRA as an entity. He further explained that the general declaration of 1967 has a provision that allows for dissolution and require a 2/3 vote of the owners. Council explained that there are other details involved that need to be addressed before moving forward with their vote, including the Bus Depot property deed and Parking Lot Agreement. Town Attorney John Dresser, Council members and Marketing & Group Sales Board Member Mary Harris discussed wrapping up details related to the Group Sales Performance Agreement, which will be discussed further at the December 15, 2008 Town Council meeting. 12-01-08tc Page 2 of 7 SVRA Board Representative John Quigley stated his concern that things be accomplished in an open public discussion in front of Town Council on the record and on television. Country Club Townhome Associate Dave Harris provided Council with an update of what has occurred since the last time they met and passed the resolution for funding the project. Related WestPac President Pat Smith thanked Town staff for the completion of Club Commons II. Item No. 3: COUNCIL UPDATES Nothing at this time. Item No. 4: REVIEW OF RODEO PLACE HOUSING LOTTERY PROCESS Mayor Boineau and Council stated concern about a possible retroactive amendment to the Housing rules and requested a staff explanation. In response, the Town Manager Russ Forrest explained that 1) it discusses what the process was, and what the rules were, and 2) if the rules are changed, does staff make that change retroactively? Town Council and staff discussed details relating to adoption of the rules promulgated by the Housing Department. After further discussion, Mayor Boineau took public comment from Amy Stillman. Local resident Amy Stillman addressed Town Council and stated that her family was offered a three-bedroom home at the new Club Commons and was planning to move in at the end of November, however there is an issue preventing them from being able to move in before Christmas and she is wondering if there is anything Council can do to expedite the move. Town Manager Russ Forrest updated Council and reported that he received word from the Fire Department that they still need to have sign-off for safety purposes and there is an additional agreement to execute various improvements to the project. The Town Attorney John Dresser stated that the Town can not promise anything, since the Certificate of Occupancy (C.O.) is handled by another entity. Related Westpac Representative Scott Stedman stated that the only thing he is aware that is holding up the C.O. was the subdivision improvement agreement between Snowmass Club Associates/Aspen Skiing Company and the Town. There has to be an amendment to the Nordic Slider for next year. 12-01-08tc Page 3 of 7 Item No. 5: SALES TAX UPDATE Town Manager Russ Forrest provided Council with an overview of what has occurred to date and explained that staff conducted a comparison to other mountain resorts and referred Council to the Resort Tax Comparison Chart located for detailed information. Council and staff proceeded to discuss particulars relating to this chart. Forrest reported to Town Council that staff intends to present several contingency plans for further reducing the Town expenditures based upon potential decreases in revenues. He stated that all Town Departments are providing ideas to him in terms of how to limit their expenditures based on a potential 10%, 15% and 20% reduction in sales tax. Council Member Lewis stated he is consistently confronted with retail customers who do not understand what sales tax they are paying and that they leave his store for cheaper retail business elsewhere. He stated that the Town needs to work hard to keep guests at the 9.9% threshold because if it gets to 10.4% it would not be a good thing for Snowmass Village. Other Council Members stated concern with reducing the Marketing and Special Events Budget at this time. Hotel Sales Guide Planner John Quigley stated the focus is on the value that groups are receiving from a vacation in Snowmass, rather than going anywhere else in the world so the question does not become centered on a 12.5% tax. He stated that this Council has set a threshold for itself that is unrealistic and that it is time to move on. Speaking as a member of this community, Quigley stated that as ballot issues were presented he did not hear one word of concern from Town Council about moving tax to 10%. He further stated that the voters voted for both ballot issues including Roaring Fork Transportation Authority (RFTA) free bus transportation. Speaking as Marketing & Group Sales Chairman, Quigley further reported that in a down economy it is not wise to cut marketing dollars. Item No. 6: COMPREHENSIVE WAY-FINDING PLAN Public Works Director Hunt Walker provided Council with a brief background of what has occurred to date regarding the Comprehensive Way-Finding Plan. Walker then requested that Town Council approve the design of the way-finding signs and will provide Council with pricing. He explained that there is currently a Road Fund budget in the amount of$55,000 for 2009, which would be enough money to design and install the first phase. He stated that as money becomes available, additional phases would be installed and that it would take approximately three years to complete the project. Design Consultant Julie Findley provided Council with a Power Point presentation depicting the various nodes within the Village, identifying detailed aspects of the Village, sign design, coloring, messaging, font and size. Council Members Mordkin and Lewis stated that they do not think this is an appropriate time to spend money on this plan considering the Town's budgetary and financial constraints and 12-01-08tc Page 4 of 7 stated that they would consider revisiting this discussion after the economic situation has a better forecast. Council Member Wilkinson stated his approval of moving forward with the planning level. He then requested more detailed information from the Applicant and directed staff to include a pedestrian signage and that the signs are consistent throughout the Village. Council Member Lewis requested the Consultant to develop a road sign system that would direct delivery trucks, such as Federal Express and UPS to their destinations. He further directed staff to include the Conference Center on signage. Mayor Bill Boineau requested that change in names of places such as Snowmass Center not be made, since the community has become accustomed to this name. After further discussion, the Public Works Director Hunt Walker stated that he would provide Council with more information in a Manager's Report. NOTE: Council took a 10-minute break at this time and reconvened at 6:08 P.M. Item No. 7: RESOLUTION NO. 34, SERIES OF 2008- FOR CDOT GRANT 5311 GRANT FOR 2009 Councilmember Lewis made a motion to approve Resolution No. 34, Series of 2008, John Wilkinson seconded. Transportation Director David Peckler stated that this is the second year the Town has received a Federal Transit Administration (FTA) grant administered through the Colorado Department of Transportation (CDOT). He explained that the grant is used for the bus service to the mall and the Snowmass Club, as well as from the mall to the Town Park. Peckler stated that he is executing an Option Letter that extends and increases the amount of the grant. There being no further discussion, the vote was approved by 4 in favor and 0 opposed. Council Member Butler was absent. Voting Aye: Mayor Bill Boineau, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 8: RESOLUTION NO. 35, SERIES OF 2008- FOR EOTC BUDGET Councilmember Lewis made a motion to approve Resolution No. 35, Series of 2008, Arnold Mordkin seconded. There being no discussion, the vote passed unanimously with 4 in favor and 0 opposed. Council Member Butler was absent. 12-01-08tc Page 5 of 7 Voting Aye: Mayor Bill Boineau, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 9: RESOLUTION NO. 30, SERIES OF 2008- ESTABLISHING TOWN COUNCIL MEETING DATES FOR 2009 Town Manager Russ Forrest explained that this resolution sets the dates for Town Council meetings for 2009. There being no further discussion, Mayor Bill Boineau made a motion to approve Resolution No. 30, Series of 2008, Councilmember Wilkinson seconded. The vote was approved by 4 in favor and 0 opposed. Council Member Butler was absent. Voting Aye: Mayor Bill Boineau, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 10: SECOND READING OF ORDINANCE NO. 16, SERIES OF 2008 Arnold Mordkin made a motion to approve Ordinance No. 16, Series of 2008, Reed Lewis seconded the motion. In response to an inquiry by Council Member Wilkinson, Town Manager Russ Forrest reported that the Planning Commission (P.C.) is planning to meet on December 10, 2008 and will be reviewing a final working draft. Town Council and staff discussed setting a potential Council meeting on December 15, 2008 providing that there is a Town Council quorum by 5:00 p.m. on December 15, 2008. Forrest reported that staff is planning a special meeting for a Council Retreat on Monday, December 8, 2008, scheduled to begin at 3:30 p.m., which will include a dinner. The purpose of the special meeting is to discuss the new Council's expectations and goals. There being no further discussion, the Deputy Town Clerk took a roll call vote. The vote passed unanimously with a vote of four (4) in favor and none (0) opposed. Council Member Butler was absent. Voting Aye: Mayor Bill Boineau, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 11: MANAGER'S REPORT Mill Levy Approval Town Manager Russ Forrest reported that during the December 15'" Town Council Meeting, Council will be asked to approve the Certified Mill Levy by the County, and there is some time sensitivity associated with this. Forrest explained that the Town Finance Department could potentially receive the Certified Mill Levy as late as the 11`" or 120 of December and the County will be requesting Council approval by 5:00 p.m. on December 15`". He 12-01-08tc Page 6 of 7 requested that the Town Council meeting begin 15 minutes early to allow for discussion and public comment and then fax to Pitkin County prior to 5:00 p.m. Council Member Mordkin reported that he cannot attend the December 15th Council meeting early and potentially may not be present at all for this meeting. After further discussion, Council approved meeting 15 minutes early on December 15th in a public forum. Council Planning Session Forrest reported that staff and Town Council is scheduled for a planning session on December 8th to develop the Town Council's strategic priorities and goals for the next several years. This meeting is proposed to begin at 3:30 p.m. with dinner provided during the discussion. Staff will notify Council of the location for this meeting as soon as details are definite. Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS No Smoking Signs Council Member Wilkinson requested that "No Smoking" signs be put up at the lift line locations, as well as at the new mall and outdoor areas that are not private property. CGTV Council Member Wilkinson requested a response from CGTV regarding the Town's coverage: 1) Implications of not having full funding from the Town, 2) How CGTV's coverage works compared to the other jurisdictions, and 3) If the Town does not fund them how that affects Snowmass Village's coverage? He further stated that we need to resolve fairness equity, since we want their services. Town Manager Forrest explained that he requested for them to explain the rationale of the Town not funding their full request and he has not received a response from them. Opening of the Mountain Council Member Mordkin thanked the Aspen Skiing Company for doing very good job of getting the ski mountain opened in a timely manner under trying conditions. Town Attorney John Dresser stated that staff put the Executive Session on the Agenda to include Items a) and b) hoping that he would have something to discuss with Council and that is not longer the case. Dresser then made a motion to discuss Item c) only. Reed Lewis seconded the motion. The vote was approved by 4 in favor and 0 opposed. Council Member Butler was absent. Voting Aye: Mayor Bill Boineau, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 13: EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to C.R.S. 24-6- 402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically 12-01-08tc Page 7 of 7 discuss three items Personnel matters, except if the employee who is the subject of the session has requested an open meeting, pursuant to C.R.S. 24-6-402(4) (f) (1) and Snowmass Village Municipal Code Section 2-45(c) (6); At 6:43 p.m. Arnold Mordkin made a motion to reconvene the Regular Town Council meeting, Reed Lewis seconded the motion. The vote was approved by 4 in favor and 0 opposed. Council Member Butler was absent. Voting Aye: Mayor Bill Boineau, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 14: ADJOURNMENT At 6:45 p.m. Reed Lewis made a motion to adjourn the Regular Town Council meeting of December 1, 2008, Mayor Bill Boineau seconded the motion. The vote was approved by 4 in favor and 0 opposed. Council Member Butler was absent. Voting Aye: Mayor Bill Boineau, Reed Lewis, John Wilkinson, and Arnold Mordkin. Respectfully Submitted By: Donna J. Garcia-Spaulding, CMC Deputy Town Clerk HOW THE PLAN WORKS Eligibility: Benefits are available to active full time employees working at least 30 hours per week Eligible dependent children are covered up to age 19,and up to age 24 if a full-time student. Effective Dates of Coverage: Coverage is effective on the first day of the month following the date that employee or dependent becomes eligible. An enrollment card must be completed. If you are covered under a spouse plan you may opt out of this plan,but the enrollment card still needs to be completed. There is a 12 month waiting period for Orthodontia Procedures, initial insureds waived. Late Entrants: If an eligible employee or dependent does not enroll in the dental plan during the first 31 days of becoming eligible,and then elects to enroll at a later date,the only dental benefits covered during the first 12 months of coverage will be cleanings,exams and child flouride. Choosing a Dentist: This plan allows you to visit any dentist that you choose,but please note that your Standard Dental plan includes a Participating Provider Organization network. A Participating Provider is a dentist that has entered into an agreement to provide services to insured employees and dependents at a specific fee. Outside of deductible,co-insurance and maximum payable under this plan,you will not be subject to any additional charges from a PPO dentist. If you choose a dentist who is not in the PPO,you may be subject to additional out of pocket expenses. Please see your company administrator for a complete listing.of PPO providers in your area. OR Visit our website for complete dental directory listings. http://www.standard.comiservicis/ppo providers.html Claims: Standard does accept claims electronically filed from all dentists. If you have any questions,please call our customer service department at 1-800-547-9515. Enrollment Form" An enrollment form(application) MUST be completed in full by ALL ell0ble employees. This form is a benefit highlight,not a certificate of insurance. The coverage outlined here highlights the dental benefits available through Standard Insurance Company,and does not include exclusions and limitations. For details on exclusions and limitations, or a complete list of evoered procedures,contact your personnel representative or benefits manager. SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, JANUARY 5, 2009 CALL TO ORDER AT 4:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council at 4:03 p.m. on Monday, January 5, 2009. Item No. 1 ROLL CALL Mayor Bill Boineau, John Wilkinson, Reed Lewis, COUNCIL MEMBERS PRESENT: Arnold Mordkin, and Markey Butler. Council Member Mordkin arrived at 4:55 p.m. COUNCIL MEMBERS ABSENT: All council members were present. Russ Forrest, Town Manager; Hunt Walker, Public Works Director; John Dresser, Town Attorney; STAFF PRESENT: Rhonda B. Coxon, Town Clerk; Chris Conrad, Planning Director; David Peckler, Transportation Manager Gary Hartman, Phil McKeague, Mel Blumenthal, Bob Sirkus, Donna Aiken, Steve Alldredge, Teddy Farrell, David Perry, Colleen Doyle, Catherine Lutz, PUBLIC PRESENT: Lisa Vogele, Rick Griffin, Mary Lou Farrell, Katie Redding, Pat Smith, Scott Stenman, Dwayne Romero, Jim D'Agustino and other member of the public interested in today's Agenda items. Item No. 2 PUBLIC NON-AGENDA ITEMS Mel Blumenthal a part-time resident of Snowmass Village and member of the Part Time Residents Advisory Board (PTRAB) noted that the PTRAB will be meeting on January 6th and 7th, 2009 and the agendas are available on the Town's web site and the meetings will be on Granicus. He also commented on the new underground parking structure at Base Village and the Viceroy Hotel. He feels the parking garage is a nightmare and encourages the police and transportation to take a look at the structure and see if there is a way to make it safe for public usage. In regards to the Viceroy Hotel he was surprised at the 01-05-09tc Page 2 of 10 look of the exterior and is wondering if the look of the exterior is what was initially approved. Item No. 3 COUNCIL UPDATES Council Member Butler spoke about a personal experience with the Dial-A-Ride service and questioned if we have something in place to quantify customer service and the value of the service. Town Manager noted the High Mountain Taxi owner and service provider for Dial A Ride has installed a GPS system within the cars to track response time and will provide us with a report. Butler suggested we compare the costs of the current service versus a local provider. The Town Manager will follow-up. Council Member Butler also inquired about the Employee Housing snow removal policy. Town Manager Russ Forrest stated he has also received calls regarding these issues,and is following up. Council Member Wilkinson inquired about the Town of Snowmass Village disaster plan, referring to the bomb threats in Aspen on New Years Eve. He hoped our police department would respond in the same prepared manner as Aspen police department. Town Manager Russ Forrest stated that we do have plan called the Incident Command System (ICS). The Town Council consensus was to bring the ICS to the Town Council for review at a future meeting. Item No. 4 RESOLUTION NO. 03, SERIES OF 2009 - INTERVIEW AND APPOINT BOARD AND COMMISSION MEMBERS The Town Clerk Rhonda Coxon noted some errors on page 2 of the Town Council packet, there are actually 2 Planning Commission vacancies not 6 and Tom Yocum's term is not up. Coxon apologized for the error. At this time the Mayor called on all those applicants present for a brief interview with Town Council and to explain their interest in applying. Applicant Fred Kucker explained to the Town Council he has applied for two board positions, Financial Advisory Board and the Planning Commission. He currently sits on the Financial Advisory Board although his background is more suited to the Planning Commission. Applicant Teddy Farrell requested to withdraw his application for the Planning Commission and only be considered for the Financial Advisory Board. 01-05-09tc Page 3 of 10 For those boards that have more applicants that seats the Town Council will conduct a paper vote collected by the Town Clerk to tally. The following people were appointed to the various Boards. Mayor Boineau abstained from the Liquor Board vote. Arts Advisory Board; Jan Grenda, Joan Bemis and Lisa Vogel. Financial Advisory Board; Fred Kucker, Rick Griffin, Teddy Farrell and Gary Hartman. Citizens Grant Review Board; Mary Lou Farrell, Susan Cross and Sally Sparhawk. Marketing, Special Events and Group Sales Board; Stacey Forster, Robert Sinko, John L. Quigley and David Perry. Liquor Licensing Authority; Deidre Boineau and Phillip McKeague. Part Time Residents Advisory Board; Mery Claire Butler and Mel Blumenthal. Boards of Appeals and Examiners; Donald Upper. Planning Commission; Robert Sirkus and Donna Aiken. Reed Lewis made the motion to approve Resolution No. 3, Series of 2009 appointing applicants to various boards. Markey Butler 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. CONSENT AGENDA FOR ITEMS NUMBER 5 AND NUMBER 6 Item No. 5 RESOLUTION NO. 01, SERIES OF 2009 - DESIGNATING PUBLIC NOTICE BOARDS AND- Item No. 6 RESOLUTION NO. 02, SERIES OF 2009 -APPOINTING H. LAWSON WILLS AS MUNICIPAL JUDGE, SETTING THE TERM OF OFFICE AND COMPENSATION Arnold Mordkin made the motion to approve John Wilkinson 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. 7 FINANCIAL BOARD RESPONSIBILITIES 01-05-09tc Page 4 of 10 Town Council is requested to review the FAB (Financial Advisory Board) responsibilities and determine if any changes should be made to the Town code governing this board's responsibilities. Council Member Mordkin spoke to the letter received by the FAB (Financial Advisory Board) requesting the review of the FAB's responsibilities and possible expansion of its duties. Chairman of the FAB Rick Griffin has asked for time to bring this before the current board before making any decision on the expanded responsibilities. Council Member Wilkinson would like to see a two step process; FAB member bringing items to the board and the Town Council directing item to the FAB. Council Member Butler stated there appears to be three basic functions of a FAB: Review and comment on quarterly Financial statements, selection and evaluation of the audit and the audit process and review of the operating and capitol projects. Butler also inquired about the cash flow budget within the Town. Town Manager Russ Forrest stated that, by direction from Town Council, staff was asked to allow the FAB to look an three major Capitol projects for the Town. To date, one has been presented to the FAB and the staff feels very confident with the process and that it's another layer of transparency. Mel Blumenthal, part-time resident of Snowmass Village on behalf of the "Citizens for Snowmass" group is behind the FAB reviewing the Capitol Projects. Colleen Doyle a part time resident of Snowmass Village and past member of the FAB spoke to the continuity on the Board and the expertise of the members. Mayor Boineau stated concerns with the language that would change the current language in the Code to read "allow the FAB to review anything in the community having financial implications to the Town, upon request to the Council. That request shall be deemed granted, unless Council, by a super majority vote, at the meeting next following the request, denied the request." He does not feel a super majority vote should be required. This will be taken into consideration with the discussion before the FAB. Item No. 8 PUBLIC HEARING SECOND READING OF ORDINANCE NO. 17, SERIES OF 2008 Planning Director Chris Conrad stated all posting and publishing requirements have been met and he noted Related WestPac LCC on behalf of the landowner, Base Village Owner LLC, a Delaware limited liability company, has submitted a Minor PUD Amendment application concerning Building 13B, Base Village PUD. The ordinance was amended at the last meeting with direction to staff that the 01-05-09tc Page 5 of 10 additional employee housing requirements for the modifications made to Building 13A as approved by Ordinance No. 4, Series 2008, and this Minor PUD Amendment for Building 13B be provided with Lot 8 (Building 13A) and Lot 9 (Building 13B). The application involves requests to modify the build-out chart and approve a height modification. Both matters require approval by at least three-quarters (3/4) of the members of the Town Council present and voting. Mayor Boineau opened the Public Hearing at 5:15 p.m. There being no comment at this time the applicant preceded. John Wilkinson made the motion to approve Ordinance No. 17, Series of 2008 Mayor Bill Boineau seconded the motion. Discussion: Mayor Boineau stated that there is concern from the community in regards to the future of Base Village and concern for the community benefits connected to the project. On the other hand there are also concerns from the community of Base Village due to the direction of the economy. Again there are concerns with the functionality of Base Village. He would like the applicant to address these concerns and discuss the possibility of Building 7 (the arrival center) coming forward to help build community confidence in the future of Base Village. Dwayne Romero from Related WestPac responded that they are before the Planning Commission to try to resolve some of the issues surrounding the future of Base Village and Building 7. He noted it is a statement of fact that Building 7 was never scheduled to be completed until next ski season. He also noted that Building 7 and 8 are in the same phase. Building 13A is on schedule and they are asking for approval on 13B, which they have financing for, the and assurances for Building 8 and discussion of Building 7 at the Planning Commission meeting on January 7, 2009. Pat Smith President of Related WestPac spoke to the needs of the community and the developer for the best outcome for the entire community. Council Member Butler asked if Building 7 is scheduled to be discussed on the Planning Commission agenda on Wednesday, January 7, 2009. Planning Director Chris Conrad responded there has been no information submitted to the Planning Department for a discussion on Building 7. Council Mordkin spoke to Building 7 we the Town Council and community need and want an arrival center in Building 7, we want something firm, enforceable, guaranteed commitment before we starting giving things away as the approval of Ordinance 17, Series of 2008 for Building 13B. Dwayne Romero from Related WestPac reminded Town Council the moving up the phasing of Building 13A and 01-05-09tc Page 6 of 10 13B was not a request from Related WestPac but Intrawest and Ski Company, he stated there are other issues coming before Town Council regarding a lot line split and continued discussion on the location of the Clinic. Dwayne Romero from Related WestPac spoke to the approval of Building 8 and request for a lot split application that will be coming before Town Council in the next two weeks and another change is the clinic location in Building 8. Mel Blumenthal as a part time resident of Snowmass Village has a concern regarding Building 7 and stated it is a necessity and structural key component to Base Village. He feels at a minimum the vertical portion needs to be address next ski season. He stated he has huge public safety concerns. Council Member Wilkinson does not want to hold the approval of Building 13B to the arrival center Building 7 but he feels we need written assurances from the applicant on Building 7. Town Council took a 10 minute break at this time. Dwayne Romero from Related WestPac thanked the Town Council for the opportunity for tabling this Ordinance to the Regular Meeting on Tuesday, January 20,'2009 and working with the Planning Commission discussion on Building 8 and 7. Rick Griffin resident of Snowmass Village is wondering why we did not nail down the construction and completion of Building 7. We need to look at the bigger picture of the entire Base Village why do we have a tendency to look at and argue about the little things when we should be focused in the bigger things. Quit the biting, poking and picking on each other. Let's get this project back on line and get it finished. Mel Blumenthal part time resident of Snowmass Village spoke to the positive relationship of everyone on in the room and he noted that Building 7 is not a small issues but a very big concern to the community. Planning Director Chris Conrad clarified the expectations from the Planning Commission meeting on Wednesday, January 7th, 2008. The Town Council would like to have something in writing from the applicant Related WestPac in regards to assurances for the completion of Building 7 the arrival center. Mel Blumenthal a part time resident of Snowmass Village stated there are very competent people on the Planning Commission. Arnold Mordkin made the motion to table the Ordinance No. 17, Series of 2008 to the Regular Meeting on Tuesday, January 20, 2009. John Wilkinson 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, Markey Butler, and Mayor Bill Boineau. 01-05-09tc Page 7 of 10 Voting Naye: None. At 6:43 p.m. Mayor Boineau continued the Public Hearing to the Regular Meeting on Tuesday, January 20th 2009. Item No. 9 MANAGER'S REPORT Budget Contingency Town Manager Russ Forrest stated on January 20th, staff plans to review economic performance indicators for the ski season to date, and review occupancy projections for the rest of the season. At the December 15, 2008 Town Council meeting, staff reviewed a contingency plan to reduce expenditures to reflect a 10 percent reduction in sales tax. At that meeting, the Town Council directed staff to implement the plan. The Finance Department has forwarded to Council a 15 and 20 percent contingency plan. In addition, as directed at the December meeting, the Finance Department has provided the detailed line item proposals for cuts for the 10, 15, and 20 percent scenarios. At the January 20th meeting, staff will review anticipated revenue projections and discuss with Council whether further budget cuts are needed. If the Town Council has questions about the 10, 15, or 20 percent plar'is, please contact staff to answer any questions you may have. Also, if there are other ideas you would like us to explore, please contact the Town Manager. Staff continues to look at opportunities for cost savings and may propose additional ideas to Council for the meeting on January 20th Way-Finding Sign Plan Public Works Director Hunt Walker explained at the December 1, 2008 Council meeting, Council directed staff to develop a cost for the design of the wayfinding signs presented at that meeting. In addition, the estimate includes a detailed cost projection for the fabrication of individual signs. Attached is a proposal from Esse Design in the amount of $5,500 for this process. As you may recall, Public Works had budgeted $54,000 for wayfinding in 2009. This is unaffected by the contingency planning mentioned above. However, if Council approved the expenditure for planning and design, staff would only use $5,500. Staff recommends Council accept Esse Design's proposal. Town Council consensus was to continue with the planning and design for the wayfnding plan. Council Member Wilkinson would like to avoid the scenario that Aspen has with the 80 sign posts between Airport and downtown Aspen. Item No. 10 AGENDA FOR NEXT TOWN COUNCIL MEETING Town Manager Russ Forrest noted that the Snowmass Center and County Club Townhomes will be added to the agenda. Town Attorney John Dresser also noted that Ordinance No. 17, Series of 2008 regarding Building 13B will be added. 01-05-09tc Page 8 of 10 Item No. 11 APPROVAL OF MEETING MINUTES FOR JUNE 4. 2007 Council Member Lewis noted that on page 64 the word Tamarack has a "K" at the end the minutes reflected "Tamarac". John Wilkinson made the motion to approve the Minutes for June 4, 2007. Arnold Mordkin seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, and Reed Lewis. Voting Naye: None. Opposed: Markey Butler, Mayor Bill Boineau. Item No. 12 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Council Committees Town Manager Russ Forrest noted as a matter of business for a newly appointed Town Council a list of the committees that the Town Council members attend is discussed. The committees are EOTC, Elected Officials Transportation Meeting, UFA, Roaring Fork Transit Authority, Ruedi Water and Power Board, CAST, Colorado Association of Ski Towns and CORE, Community Office for Resource Efficiency. CO2 Monitors and Alarms Building Official Mark Kittle will review the County Ordinances and follow up with Town Council. Council Member Lewis suggests that we buy the monitors in bulk. Rodeo Place Council Member Wilkinson inquired about the warranty issues in a Rodeo Place home and asked if this is being addressed and the Town Manager assured it is. Blake Trail Trailhead Council Member Wilkinson would like to have this issue on a future agenda to discuss as many people have asked him why this is currently being blocked by rocks. Town Attorney John Dresser stated there is a lot of history to this decision and some has to do with zoning. Holiday Season Mayor Boineau would like to thank the road and transportation staff for their hard work during the busy and snowy holiday season. He also commented on the great customer service providing by the transportation dispatch. 01-05-09tc Page 9 of 10 CML Recognition Town Attorney John Dresser noted that the Town of Snowmass Village Town Council ground rules were in the Colorado Municipal League. Director Sam Mamet wrote about the need for ground rules how important this is for government to work effectively and efficiently. Item No. 13 EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 245(c), to specifically discuss two items Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24-6- 402(4)(e) and Snowmass Village Municipal Code Section 245(c)(5); and Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); At 7:40 p.m. Arnold Mordkin made the motion to approve convening to Executive Session John Wilkinson 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. At 8:03 p.m. Reed Lewis made the motion to approve reconvening to Regular Meeting John Wilkinson 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 ADJOURNMENT At 8:04 p.m. John Wilkinson made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, January 5th, 2009. Arnold Mordkin seconded the 01-05-09tc Page 10 of 10 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. Submitted By, Rhonda B. Coxon, Town Clerk Sun FMon4Tue Wed Thu Fri Sat 1 2 3 Town offices closed NEW YEARS DAY1 4 5 6 7 8 9 10 TC Meeting 4:00 p.m. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Town Offices Closed Town Council MARTIN MeetingLUTHERKING JR. DAY 4:00 p.m. 25 26 27 28 29 30 31 Lunar New Year Chinese New Ywr Begins Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 Groundhog Day Town Council Meeting 4:00 p.m. 8 9 10 11 12 13 14 Lincoln's Valentine's Day Birthday 15 16 17 18 49 20 21 President's Day Town Council Town offices MeetingClosed 4:00 p.m. 22 23 24 25 26 27 28 Washington's Ash Wednesday Birthday 1 VCINDOV ONUDIN01 6002 ozA :jvnNVP DHi2i0 -4 L ' ONW311210 iNDINHOViiV 0 7-PP91YO January 20, 2009 Town Council Meeting Agenda Item No. 7 Building 8 Minor PUD Amendment Handouts: Application notebook dated November 18, 2008 together- with 11" x 17" drawing set illustrating the proposed changes. Supplemental Package submitted by the Applicant on January 15. 11" X 17" copies of Exhibit "A" of the Development Agreement CFC/PCL "Conceptual Budget Report" to complete the vertical circulation proposed by the Development Agreement. Propdet uy and confidential Date January 12,2009 Time 10:32:42 AM BE Number BE090807 Opportunity NO Owner Re No Estimator CFC/PCL as Agent for Base Village Owner, LLC Colorado Mountain Division Conceptual Estimate Report Project January 2009-BUILDING 07-Estimate to Complete Vertlral Transportation and Associated Finishes/Structures Location Snowmass,CO USA Owner Related/WestYac,LLC C/O Related Company Designer Project Start May 04,2009 Project Completion November 20,2009 O CFC/PCL as Agent for Base Village Owner,LLC Summary Page t of 1 Colorado Mountain Division San 12,2009 10:32:92 AM Conceptual Estimate Summary BE Number BEe90807 Opportunity No Owner File No Project 3anlsary 2009-BUILDING a7-Estimate to Complete Vertical Transportation and Associated Finishes/StruG Raject Start May 04,2009 Location Sm nnass,CO USA Completion Nov 20,2009 Owner Related/WestPaG LLC C/O Related Company Function Units Designer Area Based on information presently available and furnished to PCL by the owner,architect anti/or others and various aswmptions which have been made as to facts not yet known,this construction sort estimate has been prepared and furnished for the sole purpose of providing approximation of antic pated construction son. This construction estimate should not,at this time,be relied upon as a commitment that the contemplated projert ran or will be constructed for the edimated cost. Summa Item Otac p o uen B B n ota w DIRECT COSTS STTEWORK 1 LS 6.79% 121,083 CONCRETE 1 IS 4.05% 72,336 MASONRY 1 L5 0.99% 17,584 METALS 1 LS 3.55% 63,268 THERMAL/MOIST PROTECT 1 IS 2.71%. 48,373 DOORS&WINDOWS 1 IS 1.98% 35,418 FINISHES I IS 10.79% 192,581 CONVEYING SYSTEMS 1 IS 23.98% 428,000 MECHANICAL/FIRE SPRINKLER 1 LS 6.84% 122,078 BLDG ELECTRICAL 1 LS 4.84% 86,300 CASH ALLOWANCES 1 CA 3.92% 69,965 CONTINGENCY 1 LS 10.00% 178,448 ADD ALTERNATES 1 IS 0 DIRECT EOSTS I 8 444 No 1,435,433 GENERAL EXPENSE COSTS GENERAL EXPENSE COSTS 1 IS 19.56% 349,049 GENERAL EXPENSE COSTS 19.560. ME 349,049 TOTAL COST 00.00 1 8 48 Fee 3.75% 66,918 TOTAL BID 103.75% 1,851,400 w' i°O1ap""4O Propieta y and Conildentul O Detail Page 1 W 16 CFC/PCL as Aqent for Base Villaqe Owner,LLC l n 12 2009 Colorado Mountain Division O:JZ:yz AM Conceptual Estimate Detail BE Number BF09080r OPpodundy No Owner File No ftlea Smrt May Oa,2009 ProfEtt January 2009-BUILDING#r-EaOmate W Complete Vertical Tramporta0on and Completion Nov 20,2009 1 dm 9iwwmaa,COUSA `•"" Function unto Owner RelaW/Weat9ac,LLC C/O Related Company Aura Omer PnoBrltlary and Cm9denbal SITEWORK I Ls umm t D p Qu n oM n ote oapBr!2 SITEWORK 1.00 LS DEMOLITION-ELEVATOR#2 OPENINGS 1.00 LS SAWCUT OPENINGS 48.00 LF 0.5380% 200.0 9,600 DEMO CONCRETE 2.00 EA 0.1058% 944.0 1,888 DEMO EQUIPMENT 2.00 EA 0.1121% 1,000.0 2,000 2 OPENINGS CONSIDERED AT ARRIVAL LEVEL AND VILLAGE LEVEL DEMOLITION-ELEVATOR#2 OPENINGS 1.00 LS 0.76% 13,488 SITE PAVERS 2,200.00 SF PAVERS AT VILLAGE LEVEL 2,200.00 SF 5.5478% 45.0 99,000 AN AREA OF 110' % 20' ASSUMED AS THERE NO ACTUAL DIMENSIONS PROVI ED. SHOWMELT CARRIED WITH MECHANICAL SYSTEMS. SITE PAVERS Z,200.00 SF 5.55% 45.0 99,000 FENCE MODIFICATIONS 1.00 LS MODIFY WOOD FENCE AT VILLAGE LEVEL 110.00 LF 0.4817% 78.11 8,595 FENCE MODIFICATIONS 1.00 LS 0.48% 8,595 0. ;: 6 79%R:4Fr. L 121,083SIRE0fDl .LIndr m sow.. xWsmmw9vWMm1l easy TpllaNaLnpWalaueNU SITEWORK 1 LS pytl DMW aatlpaV =-F6mae b RW 1.inaYrca alke O CFC/PCL as Apent for Base Village Owner,LLC Detail Pane 2 M I6 Jan 12,2009 Colorado Mountain Division 10:32:42 M1 Conceptual Estimate Detail BE Numoet SE0901107 OpportuMy No 0aner Fie No PIOjed Stad May 04,2009 Project January 2009-BUILDING#7-Estimate W Complete Vertlml Transportation and C nnpledon Nov 20,2009 ni•4r I w•.•F.-r Inatlon Snawmass,CO USA Pundion Unas Owner Related/WestPa LLCC/O Related Company Area Designer Pmprletary and Confidential CONCRETE 1 Ls 5u.Ma"j1t-m1U-wcrl p pn Quan o n0 0 p B CONCRETE 1.00 LS CONCRETE TOPPING SLAB OVER 1.00 LS WATERPROOFING PLACE CONCRETE 68.00 CY 0.1257% 33.0 2,244 CONCRETE MATERIALS 68.00 CY 0.9527% 250.0 17,000 PUMP CONCRETE 68.00 CY 0.0953% 25.0 1,700 FINISH CONCRETE 6,939.00 SF 0.4665% 1.2 8,324 CONCRETE WORK GE 1.00 LS 0,3082% 5,500 CONCRETE TOPPING SLAB OVER 1.00 LS 1.95% 34,768 PROTECT REBAR-ALLOWANCE 1.00 LS 0.2802% 5,000 INFILL ELEVATOR#2 EAST OPENINGS 1.00 LS FORMWORK 64.00 SF 0.6245% 174.1 11,144 DRILL AND EPDXY REBAR DOWELS 60.00 EA 0.4640% 138.0 8,280 PUMP CONCRETE 1.00 CY 0.0112% 200.0 200 CONCRETE MATERIALS 1.00 CY 0.0550% 1,000.0 1,000 PLACE REBAR 4.00 EA 0.0529% 236.0 944 REBAR STOCKPILED FOR BALANCE OF BUILDING #7 TO BE USED 4 OPENINGS CONSIDERED CONCRETE WORK GE 1.00 LS 0.6164% 11,000 INFILL ELEVATOR#2 EAST OPENINGS L00 LS L83% 32,568 CONCRETE a..; M 4.05 x:.72,336 a:tvwmue a9wau0mnu easy wtisxsanwtO(sud(u CONCRETE 1 LS nqa[anmaaaaN..vt ms.tmryn4rRW r-rayaed,ewn I' Detail Page 3 of 16 CFC/PCL as Aqent for Base Village Owner,LLC an 12 2009PCColoradoMountainDivision10:32:42 AM Conceptual Estimate Detail BE NUmoer BE090807 Oppatunlly No Owner He No RojeO Start May D4,3009 PrOJett January 2009-BUILDING 07-Estimate to Complete Vertical Tlanspona ion and COMPLU n Nov 20,2009 w. COo. n .USAL9CetlonSnowman, FmOlon Units Owvuat Related/WeaVbC,UC C/O Related Company Ares Oeslgner Proprletmy and Confidential MASONRY 2 LS umma to Desc on Quan o U 91 9 n 'os o Cos MASONRY 1.00 LS VL-STONE VENEER 224.00 SF 0.9854% 78.5 17,584 ASSUMED TO BE 4' HIGH MASONRY I.00 LS 0.99% 17,58 x'wo.aun rxeawau eaaq N evasesaunstawau MASONRY 1 LS rNeo ewiw s a.gey...y amam.x a soc r.•w w.•wn CFC/PCL as Aaent for Base Village Owner,LLC Detail page 9 of Jan 12,2009 Colorado Mountain Division 1002:42 AN Conceptual Estimate Detail BE Number BE090807 Opportunity No Owner file No Reject Start May M,2009 Project January 2009-BUILDING a7-Estimate to Complete Vertical Transportation and Completion Nov 20,2009 Location rrowmmaesss,CG,6M Function Units Owner Related/westl` yLLC C/O Related Company Area Designer Proprietary and Confidential METALS 1 Is ummary t p o u n o e 0 METALS 1.00 LS STRUCTURAL STEEL 1.00 LS STEEL AT FLAT ELEVATOR ROOFS 120.00 SF 0.6052% 90.0 10,800 STEEL AT MAIN ROOF 1,135.00 SF 2.5760% 40.5( 1 45,968 STRUCTURAL STEEL 1.00 LS 3.18% 56,768 MISC METALS 1.00 LS ELEVATOR PFF LADDER 1.00 EA 0.0841% 1,500.0 1,500 ELEVATOR SAFETY BEAM-ALLOWANCE 2.00 EA 0.2802% 2,500.0 5,000 MISC METALS 1.00 LS 0.36% 6,500 s OOSLS xnvo.w/uoswnpvsaeu ease wrixueamwiacsx)us METALS 1 LS ayat Feauna aOhnbury AK-Ctl/nart b eCE)-Tmp Rmb a VM CFC/PCL as Agent for Base Village an 122,,22M e Owner.LLC Detail Page] an Colorado Mountain Division 10:32:42 AM Conceptual Estimate Detail BE Nun E BEW0807 Oppartunay Na Owner Rle No Project Start May 04,2009 project January 2009-BUILDING 07-Estimate to Complete Vertical Transpmta0on and ompletlan Nav 20,2009 Location Snowman,CO USA, ••• Function Unas Owner Related/WestPa4 LLC C/O Related Company yea Designer Proprietary and CoMdentW ITHERMAL/MOIST PROTECT I Ls MM I 0 9n u n arcen ec o f PL B THERMAL/MOIST PROTECT 1.00 LS WATERPROOFING 6,939.00 SF VL-WATERPROOF DECK 6,939.00 SF 1.6526% 4.2 29,491 VL-WATERPROOF 48"UP WALLS 600.00 SF 0.2017% 6.0 3,600 SEAL JOINT BETWEEN GARAGE AND BUILDING 46.00 LF 0.0902% 35.01 1,610 7 SEAL PENETRATIONS 25.00 EA 0.0337% 24.0 602 WATERPROOFING 6,939.00 SF 1.98% S.ng 35,303 ROOFING 1,368.00 SF ROOFING AT BUILDING 1,248.00 SF O.S9800A 9.51 10,670 ASSUMED ROOF TO HAVE 2' EAVES FLAT ROOFS AT ELEVATOR SHAFTS 120.00 SF 0.1345% 20.0 2,400 ROOFING 1,368.00 SF 0.73% 9.55 13,070 THERMAL/MOIST PR ITEGT n a; r+st GS 48,37,3. aW.. ea..raoonn auanaruaxsaraaTa Oequs THERMAL/MOIST PROTECT 1 IS esneamuaaap,nw„am-N W aoa,.Taw anon swn O CFC/PCL as AOent for Base vlla0e Owner,LLC Detail panel of 16 an 12 of Colorado Mountain Division 10:32:42 AM Conceptual Estimate Detail BE Number BE090807 owoomaly No Owner Fle No Prgw San May 0a,3009 Project January 2009-BUILDING a7-Estimate W Complete Vertical Trensponatlon and Cnmpledon Nov 20,2M9 Loratlon Snowman,CO USA Wnnion Units Owner Related/West9a4 LLC C/O Related Company Area Designer Nopnetary and Conrdenual DOORS&WINDOWS 1 Ls Summ Ile Desc on Qu ntl o e n o 0 DOORS&WINDOWS 1.00 LS HOLLOW METAL DOORS&FRAMES 4.00 EA AL-ELEV MACHINE HM DOOR 1.00 EA 0.1114% 1,987.9 1,988 AL-SERVICES HM DOOR 1.00 EA 0.0557% 993.9 994 PI-EM ACCESS HM DOOR 1.00 EA 0.0557% 993.9 994 VL-EM ACCESS HM DOOR 1.00 EA 0.0557% 993.9f 994 HOLLOW METAL DOORS&FRAMES 4.00 EA 0.28% 1,242.45 4,970 STOREFRONT 1.00 LS AL-SLIDING GLASS DOOR 120.00 SF 0.7397% 110.0 13,200 VL-STORFRONT AT ENTRANCE 110.00 SF 0.6781% 110.0 12,100 STOREFRONT 1.00 LS 1.42% 25,300 RESIDENTIAL WOOD WINDOWS 1.00 LS VL-WOOD WINDOW SUPPLY-6'X6' 36.00 SF 0.1856% 92.0 3,312 VL-WOOD WINDOW SUPPLY4X6' 24.00 SF 0.0619% 46.0 1,104 VL-WOOD WINDOW INSTALL 3.00 EA 0.0410% 243.9 732 RESIDENTIAL WOOD WINDOWS 1.00 LS 0.29% 5,148 DOORS&WIOWS .,f } 3, '; w 2:->tN*r.. .. r- .1.00 x-: 1.98 3.,418 x:VwVmsrmamvn sun wr urxse'nwrs lrallu DOORS&WINDOWS 1 LS nya[vmxe a s W e Vx.an mos-wm.rt a nw r-r.q xm.a vert O CFC/PCL as Agent for Base Village Owner,LLC axon Page z a 16 lan 12,2009 Colorado Mountain Division 10:31:42 AM Conceptual Estimate Detail BE Nvmlxv SEMM07 Opportunely No Owne,File No RojeR Start May Oa,2009 Pmjett January 2009-BUILDING 97-Estimate to Complete Vertical Transportation and Completion Nov 20,200 tncallon Stoynnass,CO USA I ..r..... FurcUm Units Owner Related/WestPar,LLC C/O Related Company Area Designer Fnvnetary ar m fukn0al FINISHES 1 ammo o u n o o n B t.m Un cast cab ort FINISHES 1.00 LS STUCCO 2,208.00 SF VL-STUCCO 2,208.00 SF 2.4747% 20. 44,160 STUCCO 2,208.00 SF 2.47% 20.0 44,160 DRYWALL 1.00 LS AL-DRYWALL AT 21'HIGH 74.00 LF 0.7464% 180.0 13,320 AL-DRYWALL AT 12'HIGH 69.00 LF 0.4833% 125.0 8,625 PI-DRYWALL AT 12'HIGH 125.00 LF 0.8756% 125.0 15,625 P2-DRYWALL AT 12'HIGH 7.00 LF 0.0490% 125.0 875 VL-DRYWALL AT 12'HIGH 164.00 LF 111488% 125.0 20,500 DRYWALL AT ELEVATOR OVERRUN5 68.00 LF 1.3718% 360.0 24,480 DRYWALL 1.00 LS 4.68% 83,425 FLOORING 1,426.00 SF AL-RESILIENT FLOORING 948.00 SF 0.3187% 6.0 5,688 PI-RESILIENT FLOORING 90.00 SF 0.0303% 6.0 540 VL-RESILIENT FLOORING 388.00 5F 0.1305% 6.0( 2,328 FLOORING 1,426.00 SF 0.48%0 6.00 8,556 PAINTING/WALL COVERINGS 4,770,00 SF AL-PAINTING AT INTERIOR ONLY 1,800.00 5F 0.1362% 1.3E 2,430 Pl-PAINTING AT INTERIOR ONLY 1,500.00 SF 0.1135% 1.3 2,025 P2-PAINTING AT INTERIOR ONLY 78.00 SF 0.0059% 1.3 105 VL-PAINTING AT INTERIOR ONLY 1,392.00 SF 0.1053% 1.3 1,879 n;ts...reueeren+avan sue na,U LBtapMIEWA). FINISHES 1 LS neaa ea,..ess,aaaywr,mN-emnn beg].Te Rayta Nat O CFC/PCL as Agent for Base Village Owner,LLC Detail Pane 8 of San u,zoD99g Colorado Mountain Division 10:32:92 AM Conceptual Estimate Detail BE Number BE090807 Dpportunay,No Cv Re No Project Start May 0a,2009 Project January 2009-BUILDING F7-Estimate to Complete vertical Transportation and Completion Noy 20,2009 Location S.C..,CO USIL r c....+." Furedon Unds Owner Related/Wes a LLC C/O Related Company Area Designer Proprietary and Confidential FINISHES 1 Ls Summa tam Oesc o uan U0 0 0 PAINTING/WALL COVERINGS 4,770.00 SF 0.36% 1.35 6,440 MISC FINISH ALLOWANCE 1.00 LS 2.8019% 50,000 FINISHES 100 LS, 7 xumvm srcawvnn sas9 wr ucusamwta(raaau FINISHES 1 Is r,q,e em a aeoau...n aa.raeye a as r-•a,yxoa.a vm Detail Page 9 o116 CFC/PCL as Aqent for Base Villaqe Owner,LLC An 12 2009 Colorado Mountain Division 10:32:42 Mt Conceptual Estimate Detail BE Number BE090807 Oppmuinity No Owns File No Aoje Start May 04,2009 Project January 2009-BUILDING#7-EsUmata to Complete Vertical Transportation and Completion Nair 20,2009 locathin Snowmasa,Do USA c...,..Function Units Owner Related/Westpac,LLC C/O Related Company Nee Designer Proprietary and Confidential ICONVEYING SYSTEMS 1 Ls umm to Dou on uan ty o ercent Item CO n Co 0 oB[ o o Bld .Brea CONVEYING SYSTEMS 1.00 LS ELEVATOR NUMBER ONE 3.00 ST 4.2029% 25,000.0 75,000 HYDRAULIC, 4000 LBS. 125 FPM ESCALATORS 1.00 LS 14.17780/6 253,000 ELEVATOR NUMBER TWO 2.00 ST 5.6039% 50,000.0 100,000 MRL, 3000 LBS. 200 FPM CONVEYING SYSTEMS 1.00 L5 23.98 B 428,000 1 Wpsev x:Mil asBrp nB UM I[ Mfrs RU IA CONVEYING SYSTEMS 1 IS ppfE[0K,\M]LLW nary AN.4HNtl pr BIDE].imp Pqh\wR O CFC/PCL as Agent for Base Village Owner,LLC Demon Page 10 or 09lamIZ,2009 Colorado Mountain Division 10;32;42 AM Conceptual Estimate Detail BE Number BE090807 Oppoonmity No Owmer Rle No NDjw Start May 0e,2009 Project lanuary 2009-BUILDING e7•Wnnate to Complete Vertical Transportation and Completion Nov 20,2009 Location Snowman,COUSA,•w WnGion Units Owner Related/WestftC LLC C/O Related Company Area Designer Proprietary and ConOdental MECHANICAL/ FIRE SPRINKLER 1 Ls Summa Item DesC p n uan n NM I='w o -oa MECHANICAL/ FIRE SPRINKLER 1.00 LS FIRE PROTECTION 1.00 LS ELEVATOR PIT 1.00 HD 0.0207% 370.0 370 ARRIVAL LEVEL 7.00 HD 0.1451% 370.0 2,590 P2 LEVEL 0.00 HD P1 LEVEL-ESCALATOR 2.00 HD 0.0415% 370.0 740 Pl LEVEL-ELEVATOR 3.00 HD 0.0622% 370.0 1,110 VILLAGE LEVEL 3.00 HD 0.0622% 370.0 1,110 ELEVATOR TOP 1.00 HD 0.0207% 370.0 370 FIRE PROTECTION 1.00 LS 0.35% 6,290 MECHANICAL SYSTEMS 1.00 LS SNOWMELT/RADIANT SYSTEMS 3,046.00 SF AL-RADIANT FLOOR HEATING 368.00 SF 0.5774% 281 10,304 PI-RADIANT FLOOR HEATING 90.00 SF 0.1412% 28.0 2,520 VL-RADIANT FLOOR HEATING 388.00 SF 0.6088% 28.0 10,864 VL-SNOWMELT AT PAVERS 2,200.00 SF 3.4520% 28.0 61,600 SNOWMELT/ RADIANT SYSTEMS 3,046.00 SF 4.78% 28.00 85,288 PI-CABINET HEATER 1.00 EA 0.3082% 5,500.0 5,500 ADDITIONAL MECHANICAL-ALLOWANCE 1.00 LS 1.4010% 25,000 MECHANICAL SYSTEMS 1.00 LS 6.49% 115,788 MEEHANICAL/ FIRE SPRINKLER 00 84 SS`jKlI22;078 x:spw.Mmsx.mWamu eaaa w taueamvta(eaau MECHANICAL/FIRE SPRINKLER 1 LS nem¢care.a eaeaw..n ms.ewe a anc r-..m rmoa vn O CFC/PCL as Aaent for Base Yllaae Owner,LLC Decal Page 12 ar to Jan a,zoos Colorado Mountain Division 10:32:42 AM Conceptual Estimate Detail BE NU BE090107 Opportunity No Owner Fbe No Projed Sort May Os,2009 Pmjed 3anuary 2009-BUILDING dT-EsUmate to Complete Verd al Tnnsportadon and Comple0on Nov 2D,2009 tnotlm Snowman,CO USA•ti....-.`. FJndlon Unfts Owner Related/Wastpa4 LLC C/O Related Company area Designer Propnetzry and C fidendal MECHANICAL/ FIRE SPRINKLER 1 Ls um o u BLDG ELECTRICAL 1.00 LS BUILDING ELECTRICAL 1,426.00 SF 3.9956% 50.0 71,300 FIRE ALARM ALLOWANCE 1.00 LS 0.8406% 15,000 BLDG ELECTRICAL I.00 LS 4. 44Mo 86,300 nnmv«m9Nau aaa.9 Jwl uvaatsrvutcs ta.AU BLDG ELECTRICAL 1 LS RertlMbi a,gelbuy MA-a Mo-baW J-lmpe¢ry!1b1 O CFC/PCL as Aoent for Base Villa4e Owner,LLC Detail Page 12 0OD9.Jan 12,2009 Colorado Mountain Division 10:32:42 M1 Conceptual Estimate Detail BE Number SE090807 Oppodunay No Omttx File No Project StaN May Oa,2009 Project 2anunry 2009-BUILDING#7-Estimate to Complete Vertical Tmnsportatlon and Completion Nay 20,2009 r n_,.—,c........... Location 9nowmaas,CO U9A Fmlctlon Units Oyner Relatd/Wea c,LLC C/O Related Company Area Deslgner Proprietary and Confidential CASH ALLOWANCES I CA Summa Dear p on uan o e" oa os 0 CASH ALLOWANCES 1.00 CA VL-GATE TO PHASE III WORK 1.00 EA 0.0700% 1,250.0 1,250 VL-LANDSCAPING/SITE FURNISH-ALLOWANCE 1.00 LS 0.2802% 5,000 EMERGENCY SIGNAGE-ALLOWANCE 846.00 SF 0.1185% 2.5 2,115 FIRE EXTINGUISHERS-ALLOWANCE 4.00 EA 0.0336% 150.0 600 AL-PREPARE WALL IN GARAGE FOR 1.00 LS 0.1401% 2,500 SIGNAGE-ALLOWANCE ALL SIGNAGE OTHER THAN EMERGENCY SIGNAGE ALLOWANCE (ABOVE) IS BY THERS. AL-LIGHTING AT BUS DROP OFF-ALLOWANCE 1.00 LS 0.2802% 5,000 VL-SITE LIGHTING-ALLOWANCE 1.00 LS 0.1961% 3,500 SIGNAGE&MISC FINISHES-ALLOWANCE 1.00 LS 2.8019% 50,000 CASH ALLOWANCES 1.00 CA 3.9' 69,965 a.aa,...e. x:wr,. ,,as Mil I Ml taus esnnnns(.n) CASH ALLOWANCES 1 CA neaa bYna s aiEYaV awn M W.FAMa 4 as-Tam aoa.s vat Ck/PCL as Aqent for Base Villaqe Owner,LLC Detall Page 12 of is an 13,3009 Colorado Mountain Division 10:32:42 AM Conceptual Estimate Detail BE Nwnaer SEMM07 OpparluNry No Ovmer rile No P,0jed Stnrt May 04,2009 W January 2009-BUILDING A7-Estimate to Complete Vertical Tramportadon and Comple0nn Nov 20,2009 Location Snowmasa,CO USA, WnGbn Unas Owner Ralated/WestPac,LLC C/O Related Company Area Desgmr Propmelary and ConOdenUal CONTINGENCY I Ls mms It o u n o u en lte OEM otal oat B rea CONTINGENCY 1.00 LS PROJECT CONTINGENCY 1,784,481.77 TC 10.0000% 0.10000 178,448 GUN7INGENGY 1.00 LS 10.00°h 178,448 x Vnw.eawau ea+a n°i ucN atsnw101roxAU CONTINGENCY 1 LS r,gnea„u a axpeV..ry am-w.a.a Noc r.t.vvwxswn O CFC/PCL as A4ent for Base Village Owner,LLC Detall Page 19 M 16. lan Iz,zoos Colorado Mountain Division 10:31:4 AM Conceptual Estimate Detail BE N. BENW07 Opporlundy No Ovmer File No PmjeO Start May Os,2009 Project January 2009-BUILDING#1-Estimate to Complete Vertlol TranspoRadon and Co-pled- Nov 20,2009 s..,cw...w.... l.00tlon 6nowmass,CO U8A wndion Uni[s Ovmer Related/WestVa4 LLC C/O Relat Company Area Desgmr Proprkt and Con0dwbal ADD ALTERNATES 2 LS Bummary tem Geso on uantl o 0 n as ota os o d ADD ALTERNATES 1.00 LS EXTERIOR METAL STUDS 628.00 LF AL-EXTERIOR METAL STUDS 168.00 LF 1 l0.00 P2-EXTERIOR METAL STUDS 189.00 LF 1 Z.00 PI-EXTERIOR METAL STUDS 276.00 LF 1 0.00 EXTERIOR METAL STUDS 628.00 LF xgvv.wlm sranswnn aas ml usuearoura lau,llu ADD ALTERNATES 1 LS mp F a aspsW w nm-uauu tr aDG)-rmo vm.s vm O CFC/PCL as Agent for Base Village Owner,LLC Detail Page 15 or 16 lan]z,2009 Colorado Mountain Division 10:37:42 AM Conceptual Estimate Detail BE NUm6e BEM0507 Opportunity No Owner Rle No Pr*d:Start May 04,2009 Project January 2009-BUILDING X7•Estimate to Complete Vertical Transportatbn and CpmpkOon Nov 20,2009 4L I Cw•.r..• IACeUOn SnoWmao,CO USA F,Mbn Unas Owner Related/W.MN LLCC/O Related Company Area Dedpner Proprietary and Con5cwtial GENERAL EXPENSE COSTS 1 IS umm t D4eu: p o n o pem I n t -os o B q GENERAL EXPENSE COSTS 1.00 LS PROJECT STAFF 1.00 LS PROJECT MANAGER 6.00 MO 2.4186% 7,193.3-: 43,160 SUPERINTENDENT 6.00 MO 2.7100% 8,060.0 48,360 PROJECT MANAGER-SUBSISTENCE 6.00 MO 1.5803% 4,700.0 28,200 SUPERINTENDENT-SUBSISTENCE 6.00 MO 1.5803% 4,700.0 28,200 PROJECT STAFF 1.00 LS 8.29% 147,920 PR03ECTOVERHFAD 1.00 LS PROJECT OVERHEAD AND SAFETY 1,784,481.77 TC 10.0000% 0.10000 178,448 OFFICE RENT 6.00 MO 1,500.00 PICKUP TRUCK 6.00 MO 0.500 700.00 1,207.19 MOBILIZATION AND SETUP LID LS 510 10.00 COURIER/E%PRESS SERVICE 6.00 MO 950.00 CELL PHONES - 2 EA 6.00 MO 150100 TELEPHONE 6.o0 NO 250.00 TELEPHONE - SETUP 1.00 5A 2,500.00 INFORMATION SYSTEMS TC 0.01 COMPUTER-HARDWARE 6.00 NO 875.00 COMPUTER-SOFTWARE 6.00 MO 750.00 OFFICE-SUPPLIES 6.00 MO 150.00 OFFICE-FURNISHINGS LS Ip00.00 OFFICE-EQUIPMENT PLOTTER AND COPIER 6.00 M9 500.00 DRINKING WATER-OFFICE 6.00 MO 75.00 POWER/HEAT-CONSUMPTION 6.00 MO 1.000 800.00 266.00 PHOTOGRAPHS 1.00 LS 500.00 CONSTRUCTION DRAWING I.DO LS 3,0 .00 HOUSEKEEPING SUPERVISION 6.00 MO 0.500 LIA PROJECT OVERHEAD 1.00 LS 10.00% 178,448 xt9snmOm9wrawvNarq)wl uv+a onrwis(sRnu GENERAL EXPENSE COSTS 1 15 TRW[q,W i ae9etwtan7xMn.baLG)-)sro RaYra Mn O CFC/PCL as Agent for Base Village Owner,LLC Detail page 16 M 15 an 12,JON Colorado Mountain Division 10:32:42 AM Conceptual Estimate Detail BE Number BE090807 Opportunity No Cwrer File No pmject Start May 04,2009 project January 2009-BUILDING d7-EsUmat a to Compl na Vertlul Trersspor o,don anA rympletion Nov 20,2009 Locadon Sno wmass,CO USA •• Function Units Owner Ra1atad/Waatpa4 LLC C/O Related Company Area Designer Proprietary and Con0dendal GENERAL EXPENSECOSTS I L5 umm ry D p on usn d n G o os PROJECT SAFETY 1.00 LS SAFETY AND WEATHER WEAR- STAFF 6.00 NO 175.00 MEOI CAL/EQUIPMENT SUPPLIES 6.00 MO 1.000 300.00 TEMP FIAE EATINGUISHERS LBO LS 3,000.00 WARNING/SAFETY SIGNS 1.00 L5 3,000.00 PROJECT SIGNS 4.00 EA 1.000 LIA 1,045.00 SAFETY LUNCH 6.00 NO 70.00 SAFETY AWARDS 6.00 EA 200.00 SAFETY AND WEATHER WEAR-HOURLY 6.00MO 0.006 9&00 500.00 PROTECT SAFETY 1.00 LS INSURANCE AND BONDS 1.00 LS LOSSES-UNINSURED 1.00 LS 0.2802% 5,000 ALL SUBCONTRACTOR / TRADE CONTRACTOR BONDS BY OWNER. INSURANCE-ALL-RISK 1,851,399.84 TB 0.0571% 0.00055 1,018 INSURANCE-PROFESSIONAL LIABILITY 1,851,399.84 TB 0.1038% 0.00100 1,851 INSURANCE-PL&PD 1,851,399.84 TB 0.8300% 0.00800 14,811 INSURANCE AND BONDS 1.00 LS 1.27% 22,681 GENERAL EXPENSE COSTSL --r k 441,w'' a.,..qu,,a,**x; .0.,:m„w 1. n:Urc.m.rUrE9untOwnn NAdy Aa t,auLanruialNeAU GENERAL EXPENSE COSTS 1 LS neat Bmme a a W nW wry 10a-Fmne n soG>-*ere nem a Nn W E S T P A DC RECEWED JAN 15 2009 January 13,2008 Snowmass village Community Development Mr. Chris Conrad TOWN OF SNOWMASS VILLAGE—PLANNING DEPARTMENT 130 Kearns Road PO Box 5010 Snowmass Village,CO 81615 Subject: Building 8—Minor PUD Amendment Dear Chris, In response to the feedback we have received to date from the Planning Commission regarding our pending Minor PUD Amendment for Building 8,Related WestPac is pleased to offer the attached Development Agreement regarding the vertical circulation components of Building 7. This letter and the attachments supersede those transmitted on January 12,2009. Please consider the attached a supplement to our previously submitted Minor PUD Amendment. If you have any questions or require additional information, please contact me at(970)922-2853. We look forward to further discussing this with the Planning Commission at their meeting on January 14,2009. Sincerely, Related WestPac Scott Stenman Vice-President of Development Cc: D. Romero-Related WestPac J. D'Agostino—Related WestPac J. Barlow—Related WestPac A. Mayer—Related WestPac G. Melius-Related WestPac R. Forrest—Town of Snowmass Village J. Dresser—Town of Snowmass Village B. Kmbacher—Krabacher&Sanders 132 West Main Street,Aspen,Co 81611 • (970)544-0620 t9701920-3384 tax wom.related.com DEVELOPMENT AGREEMENT Building 7 Essential Public Facility) THIS DEVELOPMENT AGREEMENT(this "Agreement") is made effective as of the day of the_day of 2009 among BASE VILLAGE OWNER LLC, a Delaware limited liability company ("BVO"), and the TOWN OF SNOWMASS VILLAGE, COLORADO, a Colorado municipal corporation (the "Town"). WHEREAS,BVO owns that real property situated in the Town commonly known as Lot 3,Base Village P.U.D Final Plat according to the Plat thereof filed February 2, 2006 as in Plat Book 77 at Page 31 (the "Plat")of the records of Pitkin County, Colorado (the "Property"); and WHEREAS, the Town Council has approved by Ordinance No. 21 Series of 2004 (the "Ordinance") the final Plat, including a P.U.D. Guide (the "PUD Guide"); and WHEREAS the Town Land Use and Development Code (the "Code") authorizes the execution of"development agreements" by the Town. NOW,THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Conditions of Approval for Building 8. BVO agrees to perform the obligations set forth in Section 1.1 through Section 1.3 (the`BVO Undertakings"),which are conditioned on the Town Council approval of the Building 8 Minor PUD Amendment, and the Town Council approval of the Building 8 lot split(the `Building,8 Approvals"). The parties expressly acknowledge and agree that the Building 8 Approvals are not conditioned on the performance by BVO of the BVO Undertakings, but rather that the performance by BVO of the BVO Undertakings are conditioned on the receipt of the Building 8 Approvals. The BVO Undertakings, are acknowledged and agreed to have been voluntarily offered by BVO and are self-imposed by BVO in order to provide an enhanced use and value of the Property, such BVO Undertakings are commitments that BVO desires to make to secure an essential public feature of the Base Village development(specifically to provide for a safe and secure arrival area to the Base Village development), to protect the public safety and welfare, to provide a benefit to the public at large (and not just to benefit BVO as the developer of the Property), and to induce the Town to grant the Building 8 Approvals. The Town Council will either grant or deny the Building 8 Approvals based upon the Town's exercise of its police powers and will not grant or deny the Building 8 Approvals conditioned on the performance or nonperformance of the BVO Undertakings by BVO. The action of the Town in entering into this Agreement is based upon the understanding that the intent and spirit of the police power objectives of the Town relative to the Property are embodied in the development with the BVO Undertakings, and the Town is thus achieving its police power objectives and has not, by this Agreement, bargained away or otherwise 00214025.DOC\5) 1 compromised any of its police powers, and this Agreement does not purport,either impliedly or expressly, to restrict or in any way interfere with the exercise of the Town's police powers as the final zoning authority for the Town of Snowmass Village. 1.1 BVO will provide vertical circulation from the bus stop in the parking garage to the Village level of Base Village within the footprint of Building 7 (`B7 Vertical Conveyance"). The B7 Vertical Conveyance will consist of two escalators and two elevators consistent with Town approved plans for Building 7, as well as a covered entrylexit at each end. The plan is detailed further in Exhibit A. 1.2 BVO will finish the B7 Vertical Conveyance, as demonstrated by a Certificate of Substantial Completion issued by the architect of record or the engineer of record for Building 7, by November 20,2009 ('B7 Completion Date"). 1.3 BVO will immediately post a payment and performance bond, approved by and in a form reasonably acceptable to the Town Manager,for Two Million Dollars ($2,000,000.00)(the "Bond") that will constitute the complete security for the estimated cost of the B7 Vertical Conveyance, with terms as described below (the"Conditions of Bond"). 2. Conditions of Bond. The conditions for issuance of the Bond are as follows: 2.1 BVO will post the Bond on or before January 19,2009 and the Bond will become effective upon the expiration of the appeal period of the Building 8 Approvals described above, to the extent the Building 8 Approvals are granted(the "Bond Effective Date"). 2.2 The Bond will only be callable by Town after the Bond Effective Date and upon a Performance Default (as defined below). BVO will be required to demonstrate progress through monthly reporting to the Town establishing that the progress of construction of the B7 Vertical Conveyance is consistent with the B7 Vertical Conveyance Schedule as Exhibit B, and will be substantially complete by the B7 Completion Date. If for two (2) consecutive months BVO fails to show adequate progress establishing that the progress of construction of the B7 Vertical Conveyance is consistent with the B7 Vertical Conveyance Schedule as Exhibit B, and will be substantially complete by the B7 Completion Date, the Town may send a written default notice detailing the deficiency in such progress,and BVO shall have a period of fourteen (14) days to cure the specified default. If such default is not cured a "Performance Default"shall be deemed to have occurred, and the Town shall have the following remedies: (i) the Town may call the Bond, in which event BVO shall have no further obligations regarding the B7 Vertical Conveyance; and (ii) the Town is under no further obligation to issue any farther Certificates of Occupancy for Lot 2, Lot 3, Lot 4, Lot 5, Lot 6 or Lot 7 00214025.DOC\5)2 of the Base Village P.U.D., unless and until the construction of the B7 Vertical Conveyance is substantially complete(whether such completion is performed by BVO,the surety under the Bond, a third party, or the Town). 2.3 The Bond shall terminate upon BVO's successful completion of the conditions in Section 1.1 and 1.2 above. 3.1 Binding Effect. This Agreement shall be binding upon the Town and BVO and shall inure to the benefit of BVO and its successors and assigns, as designated by a written assignment recorded in the Pitkin County Clerk and Recorders Office. 3.2 Burden and Benefits. Each of the benefits, burdens, terms,covenants, agreements and conditions of this Agreement shall be construed as covenants running with the land benefiting and burdening the Property or any applicable portion thereof, and it is the intent of the parties that such benefits, burdens, terms, covenants, agreements and conditions touch and concern such property. 3.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 3.4 Scone of Agreement. The rights granted to BVO by this Agreement are in addition to any other rights held by BVO under applicable law. 3.5 Interpretation. Unless the context of this Agreement clearly requires otherwise: (a) terms defined in the singular may be used in the plural, and terms defined in the plural may be used in the singular; (b) "including" and"such as" are not limited; (c) or" has the inclusive meaning represented by the phrase "and/or"; (d) the words hereof," "herein," "hereby," "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) Article, Section, clause,paragraph and Exhibit references are to this Agreement unless otherwise specified; and (f)references to any agreement(including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and, if applicable, the terms hereof. In the event of any conflict between a term, condition or provision of this Agreement and a provision of the Town's Municipal Code, the terms of this the Town's Municipal Code shall control. 3.6 Severabilitv. If any provision of this Agreement shall be invalid, illegal, void or unenforceable, it shall not affect or impair the validity,legality or enforceability of this Agreement or any other provision hereof, and a court shall enforce this Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and BVO as expressed in this Agreement. If any provision of this Agreement is invalid,illegal, void or unenforceable not in its entirety but as applied to a particular act, thing or circumstance, such provision shalt not affect or impair the validity, legality or enforceability of this Agreement or any provision hereof as applied to any other act, thing or circumstance, and a court shall apply such provision and enforce this 00214025.DOC\513 Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and BVO as expressed in this Agreement. 3.7 Termination: Amendment:Waivers. This Agreement may not be terminated, modified or amended, nor may waivers hereunder be granted,except in writing and only with the consent and approval of BVO and the Town. 3.8 Notices. Any notice to be given to BVO or the Town under this Agreement shall be given by registered or certified mail, overnight courier, telecopy, telegram or hand delivered to the address of the party to whom notice is being given. Any notice sent by registered or certified mail will be deemed to have been received three business days following the date of mailing. Any notice sent by overnight courier will be deemed to have been received one business day following the date of delivery to the overnight courier. Either patty may change its address for notice by advising the other party in writing of such change, and until the other party is so advised, it will be entitled to continue sending notices to the last address it is advised of in writing If to the Town: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Manager With copy to: Town of Snowmass Village P.O. Box 5010 130 Kearns Road. Snowmass Village, CO 81615 Attn: Town Attorney If to BVO:Base Village Owner LLC P.O. Box 6565 (USPS Only) 16 Kearns Road, 3d Floor(Fed Ex and UPS) Snowmass Village, CO 81615 Attn: Patrick N. Smith, President With a copy to: Krabacher I Sanders, P.C. 201 N. Mill Street, Suite 201 Aspen CO 81611 Attn: B. Joseph Krabacher 3.9 Recording. BVO and the Town each shall have the right to record this Agreement in the records of the office of the Clerk and Recorder of Pitkin County, Colorado. 3.10 Captions and Titles. All captions and titles of headings of Articles and Sections in this Agreement are for the purpose of reference and convenience and are not 100214025.DOC\5}4 to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. IN WITNESS WHEREOF, the parties have caused this Development Agreement to be signed as of the date written above. TOWN: TOWN OF SNOWMASS VILLAGE, COLORADO A home rule municipality By: Town Manager BVO: BASE VILLAGE OWNER LLC A Delaware limited liability company By: Print Name: Title: t 00214025.DOC 15}5 EXHIBIT A Plans for B7 Vertical Conveyance) 00214025.DOC\516 EXHIBIT A page 1 of 8 BUILDING 7 VERTICAL CIRCULATION Scope of Work General: New walls as indicated using batt insulation and 5/ 8" exterior grade drywall on both sides. New walls indicated with cross hatch. Existing structure to remain in an as- is condition with weather tarps around structure. Village Level to be waterproofed and all penetrations to be sealed. Two elevators to be installed. Elevator overrun ( height) to be constructed as required. Temporary Elevator machine room to be placed adjacent to elevator as indicated on plan. Elevator cabs to be finished with plastic laminate interiors and carpet tile floor. Heating system to be installed per the original design requirements. Emergency signage and fire protection specialties per the original design. Village level to have snow melt and pavers installed to match the rest of Base Village. Layout of temporary wall shall maintain approved fire lane width in front of the temporary building. Provide lighting as specified in original drawings for areas within the work boundary. Provide sprinklers as required for the temporary structure— maintain original plan within the work boundary areas. Arrival Level:Prepare wall in the garage surrounding access point to extent required with wall signage typical of other areas of the garage. Install sliding glass door. Door between lobby and temp elevator machine room to be locked at all times— not an egress door. Provide lighting at bus unloading area inside the garage Public areas to have painted drywall walls and ceilings, and rubber file flooring. P1 Level: Elevator lobby area for emergency access only if required by code. Provide a unit cabinet heater mounted at the ceiling. Village Level:Waterproofing to extend 48" up wall for drifted snow. Provide the minimum roofing over the two elevator shafts. Provide service door that is normally locked to the top of structure not accessible to the public. Provide temporary walls as indicated on site plan and shown in detail on the Village Level floor plan. Provide snow melt and pavers in this area. Provide minimal landscaping and site furnishings. Provide site lighting as typical in Base Village. Provide gate to Phase 3 work area— not accessible to the public. Public areas to have painted drywall walls and ceilings and rubber tile flooring. Snowrnass- Base Village Building 7 L_-- January 12, 2009 EXHIBIT p-n a- 77n age, 2 Of 8 ARBA CT- T TEMP 29" AIrjjV 4 si, IVALmp, 2c UcTvkr f8 1cE To Site Plan at Village Level Snowmass Base Vil- lage Building 7 January 12, 2009 29' EXHIBIT A page 3 of 8 s Side Elevation r 51' g4 r iu a Village Level Elevation 2 - - = Snowmas- s Base= Village BuildingJanuary 12, 2009 ESEX H I B I T A - page of 8 51' 28 6" 48' Roof PlanBuilding. 7 January 12.. 2009 60OZ " ZZ Ajenuer 1. u i pl rn8- ase8= sseWnnous= .=-- _-. Jana3 leniaad 3bf! n S 1ll c+l. t 71 lsl a d hfwal, S isaZtl, v s do lrvW 3MV lolS WJ. VAS13 X01 bZ e 7No7frA UAL ro . fs3 7d Woo7J os s Q na+ 3 CQ i OZ IL Al I 8 10 5 aged V 1181HX3 t+ -- -- - u 60OZ ' ZZ A. ienuer 8uippq a8ellln aseg ssewmOuS banal Zd j t lolVlsi' Xs3 1 1 0 Ja I yyiloM 3: 0 I i Sl - CJV of Lj f A n7lSh hW. l sl' tt J 8 jo g aged V 1181 HX3 600Z ' ZZ Aienuef L Su ppq 49ejjin ase8 sseuannouS anal Td 11V I bt C jNIQAIa" 1 Mo' 199 I 3JV1• 31as1911r1 de j M9 D 1 13Mtgdt 09 AIR", I I Vs; 2lv " 01A M Sl 5 d tbW' 3 of LL azLl. h ri11Slx uaa a g 10 aged V 1191HX3 iF EX, 4 IB11T A page 8 of 1. 1rIJ4T t 1° FIN t+ + T i tAB 49' Q AL fN PI W 26' 29' gytlWA' P° R jJ1J - 1 LIJ 14' 20 oP6n1 j 13' : Village Level Snowmass Base Villa a Building 7 1 wary 12, 2009 Activity Activity Orig Early Early 2009 ID DescripSon Dur Start Finish J1- FEB—[- WA- FEB MAR APR MAY JIIN JUL AUG 3EP OCT NOV DEC Lons] b6 1.3, YDA713- 1Q772431 7 . 1 19 s 1623 General ActivitiesPR010001 Preoonstruction/ Contracting 15 06FEB09 26FEB09 ; tion I Contracting PRO10011 Budding# 7 re- design/ permit . 30 06FEB09 19MAR09 ; ing 97 redesign/ permit Steel ConstructionPR050001 Steel shop drawings/ procure steel 45 20MAR09 21 MAY09 teel shop d ' ngs/ procure steel Vertical Transportation PR140001 Elevator/ escalator shop drawings 30 27FEB09 09APROS evator/ escalator shop draxnngs 1 1 1 1 1 PR140011 Approve elevator/ escalator shop drawings 10 10APR09 23APR09 ; Approve elevator/ escal r shop drawings PR140031 Procure escalator 60 24APRO9 13AUG09 rocure escalator I I PR140021 Procure elevators# 1 and 42 60 24APR09 16JUL09 rocure elevators# 1 and 02 1 1 1 1 1 1 1 Site ConstructionAA020001 Mobifize to site 5 I 07MAY09 ; MUMobilize; to site Vertical Transportation 1 1 1 1 1 AA140001 Install elevator# 1 30 17JUL09 27AUG09 ; fjstalI elevator# 1 ; AA140011 Install elevator# 2 60 31JUL09 220CT09 Rnsiall elevator# 2 AA140021 Install escalator 70 14AUG09 19NOV09 Install escalato AA140031 Elevatorslescalatorpunchlist 4 20NOV09 25NOV09 ; i Elevatorslescalatorpunchlistp Closeout/ Ptmchlist Finish ilestone; rAA200002 Fnish Milestone 0 25NOV09 M m. r Construction020011 Demolish elevator# 2o enin 3 15MAY09 19MAY09 Demolish ele or# 2 opening P 9 ncrete Construction 030001 Infid elevator# 2 opening 4 20MAY09 25MAY09 Infll elevator# 2 opening Finishes Construction 1 1 1 1 I 1 1 AL090001 Frame/ drywalUtape& finish 10 29JUN09 10JUL09 Framefdrywallltape& finish AL090011 Painting 3 13JUL09 15JUL09 I Painting AL090021 Flooring 5 16JUL09 22JUL09 Flooring Mechanical Construction --- AL150001 Radiant floor rough in 5 19JUN09 25JUN09 ; 01116diant floor rough in AL150011 Fire sprinkler rough in 2 25JUND9 26JUN09 i Fire sprinkles rough in AL150021 Mechanical I fire sprinkler brim 2 23JUL09 24JUL09 Mechanical I fire sprinkler trim Electrical Construction -- - — — IIAL160001 Electrical rough in 4 19JUN09 24JUN09 ; WRIElecVical rough in AL160011 Electrical trim 2 23JUL09 24JUL09 Electrical trim Closeout/ Punchlist AL200001 Punchfst/ final inspections 5 F 27JUL09 31JUL09 I I E[ Punchlistl final inspeetiorts Stan Data 06FE609 Early Bar ODD1 Street 1 of 2 Finish Date 25NOV09 Date sl ad 0= Date 06FEno9 Progress, CFC/ PCL, a Joint Venture Run Date 131AN0913: 55 Critical AUiHty Building# 7- PRELIMINARY Classic Schedule Layout 0 Primavera Systems, Ina Activity Activity Orig Early Early 2009 J FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ID Description Dur Start Finish 232 9 , 162 4 111825 • 152? 29b 132Q2Z - DAZ24317 14 21, 2a5 • 12192§ 2 9 16, 23307 142 i I i I i FFii, nishcs ConsWCtion 01 Frame/ drywall/ tape& finish 4 13JUL09 16JUL09 Wrame/ drywall/ tape& finish: Conslruction 01 FrameJdrywall/ tape& finish 6 17JUL09 24JUL09 MFrame/ drywalVtape& finish Concrete Construction i VL030005 IDemolish elevator# 2 opening 3 26MAY09 28MAY09 Wemolish elevator# 12 opening Fv- L3 0006 Infill elevator# 2 opening 3 29MAY09 02JUN09 Eprifill elevator# 2 opening 0002 Modfications to concrete for steel roof 5 08MAY09 14MAY09 idications to concrete for steel roof Masonry Construction VL040001 I Masonry 5 1 06J1. 11. 09 10JUL09 QMasonry Steel Construction14L050001 Structural steel roof and metal deck 2c— l- 22MAY09 18JUN09 U-- SpNIEKSm ctural steel: roof and metal deck Wxerproofing Construction VL070001 lRoofing 7 19JUN09 29JUN09 WE Roofing VL070002 Deck waterproofing& topping slab 10 13JUL09 24JUL09 deck waterproofing & topping slab Doors and Windows VL080001 Windows and storefront 3 24JUN09 26JUN09 Windows and storefront Finishes Construction V1- 090100 I FramefdrywalUtape& finish 10 27JUL09 07AUG09 @Wrame/ drywalUtape& finish VLO90001 Exterior studs and sheathing 5 19JUN09 25JUN09 Wterior studs and sheathing VL090011 Istu0co 5 29JUN09 03JUL0S tucco Slav Date 06FES09 EartY Bar 0001 Sheet 2 012 Finish Date 25NOW9 Date Data Date 06FES09 egress CFC/ PCL, a Joint Venture Run Date IUAnio913: 55 c" ntl1Ac11'" ty Building# 7 - PRELIMINARY Classic Schedule Layout 8 Primavera Systems, Inc. i' t BLDG. 8 PLANT SCHEDULE - TREES sVMBOL OUAN HSlcx M MOWM CSEs TREES 10 PP PIEn PONGErvs coLORrwo sPaucE 17 A1r J J 3 PM PICEA PUIYG SVPR GUVW COLORADO BLUE SPRUE IT 2 PM PICEA PUNGENS VAR. GUUGA COLORADOBLUESPRUCE m 1 _ T p PI EAENGEUM NII ENGELMMN SPRUE IT 5 PE PICEA ENGELMANNII ENGELMMNSRiUCE 18' 2 PA POPULUS ANGUSTIFOLU NARROWLUF COTTONMOD 3' CAL 1 PA POPULUS AMGUSTIFDUA NARPOWIEAF COTTONWOOD 4' CAL A _ i 1 PA POPULUSANGUSTIFOLIA NARROVILEAF CATTONWOOO 35' TALL iT OIW ES PT POPULUS MEMULOIDRING ASPEN 25 CAL 17 PT POPULUS TREMULOMS OUMING ASPEN FCAL 1AVV ] PT POPULUS TREMULOIDES OU ING gSPEN PCAL ff 8 AG ACER GIABRUM ROCNV MOUNTAIN MAPLE 5 CLUMP EAT ALNUS TENUIFOLIA THINLEAF ALDER 5' CLUMP II_- iellN. 11 i works B 8 4resign, inc. 345711inq by Ct. Unl1110 V'/ o o ed 5.:,:, DA r, CO 80218 p. 303. 433435] f 303, 433 4359 BLDG. 8 PLANT SCHEDULE - TREES SYMBOL 0UMg. BOTANICAL NAME CONWON NAME SIZE TREES 2 Ater glatrnrm Rork, mountain mapb 2S CAL 4 Malus' Spnrg Sm ' Sprh gS. Cratippb 2.5' CAL d 2 PWuk+ s aiguvlldla NarrwAeafconnnvaaC 3' CK. 1 PWWS angustNolla Nanossleafc onwcFd 4' CAL. 1 Populus angusaloaa Narraoaafcotfon. woo 35 TALL B Populus tremuloides Quakiri, aspen 2.5' CAL. 2 PoplAus trermAOid" Quaking aspen 3' CAL. 17 PapWetrenubldes Quaking aspen 4' CAL. s- 4 Populus tram ioldes Quaking aspen 6' CAL. 1 Pima Engleman' u EsElemar Serum 12- 14' s ` 1 Pima Es Iarran3 Engierran Spruce 16. 16 1 Pima pungrms Calaado due , pn¢ e 10- lz 5 Pima purgers Calarado due spruce 12- 14' 4 Pima purger, Colorado blue spru6- 16' 1 Iowa purgers Colorado due space 2x22' 1 Ades mr= VJtita Fir 16- 16 3r, S 1 Plnus anamla Bnsi, cre pre 10- lz 1 Pinus anslala Bdssecoae Fire 12- 14' Bldg2Pwudotwga merv. sit Douglas Fir 16- 16( JtV/`) 3 Pseudor uga manziosii Douglas Fir 12- 14' 2 Pseudolwga menzieml Douglas Fir 18- 16 1 works Imp design, inc. 3457 RNgs0y Cl. flail 110 nn 7oved CfLa lz De . CO 0021e p 303. 433. 4257 1. 303. 433, 4359 r RELATED WESTPAC January 14, 2008 RECEIVED Chris Conrad JAN 15 2009 Planning Director Snowmass Village Town of Snowmass Village Community Development PO Box 5010 Snowmass Village, CO 81615 RE: Building 8 Minor Amendment—Supplemental Package Dear Chris, The Applicant is respectfully requesting an amendment to the Building 8 minor PUD amendment in accordance with Section 16A-5-340 of the Land Use Code. The proposed amendment provides supplemental information based on the Planning Commission's review of the application and further clarifies information in the original amendment. The following information is enclosed in the proposed amendment: 1. Clinic Patient Transfer Area Plans—The enclosed plans reflect the modifications to the patient transfer area which are acceptable to both Aspen Skiing Company and Snowmass Wildcat Fire Department. The details of these plans are still being finalized to the complete satisfaction of all stakeholders. 2. Employee Housing—The original application did not provide the required amount of employee housing based on the employee generation for the amendment and the amount specified in Ordinance No. 3, Series of 2007. The enclosed plans show the modified employee units. Originally the Applicant submitted one studio unit and one one-bedroom unit and now one studio unit and one two-bedroom unit are proposed. This enhancement adds two additional employee bedrooms within Building 8 for a total of 1,497 square feet. The revised floor plan for the P2 level replaces page 18 of the original 11x17 notebook. 3. Lock-Off Units—The original submittal mistakenly showed hatching on a third level E-2 unit. The revised plan replaces page 33 of the 11 x 17 notebook. 4. Development Statistics—The revised development statistics enclosed include the change in the employee housing unit and the elimination of the area adjacent to the clinic. This replaces page 9 of the original 11x17 notebook. 5. The enclosed development statistics reflect minor changes made on the clinic level and the modified employee housing. 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620 (t) (970) 920-3384 (1] e RELATED WESTPAC Thank you for your time and consideration regarding the additional information being submitted in the proposed amendment. We look forward to reviewing this information with the Council. Sincerely, Scott Stenman VP of Development 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620 (t) (970) 920-3384 (t) 1 l I 1111: 11111; 1111. 1"„ 1 ' I.... II --- - - • s IIVIVIIIIIIIIII IIIIII 1n1 1_ e,__ i- I„ 1 ere1 l s il AlliiiII I,VI,, IIliI ini _ iie ee l rI,. IEI IIIIII MINIM llll llll/ I' I' ll' I, III' I ' iC I . 1 9! ao N MR III Ilroll IIIIIIIIIIPIIIIIIIIIIII In1 11__ _ __ o- = des=>:• c. 000 ii .. f' r` oio, ro. o .' oe• 1544 1 1 I'e-^'• iI \=. 1 -= M4 ' 1,1 11 II% CSI ICI , EI', 11 • lull lll i 1. a) r' I 1, 11 -_ It CIE/ I IIII, IIIIIIIIIIIIIIIIIIIICIIIIII p, 1ma111 11111 IIIIIIIIIIIIIIIPIIIIII ! 00 I% O EI1 I Ili1lll Ir!_="_= IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII INEII IIIIIIIIIIIIIIIIIIIIII IIa111 III IIV IIII.> 1/ 1ll1ll : II_ hIr II ' P Illllllllmisr1 lllllllll llluwd... II... Iis DIN 1i• itl Ill o— 1. 1 1 FA SNOWMASS BASE VILLAGE Building 8 January 14. 2009 X8426 r® mm o LEVEL P1 8414 I I I V I 0 mrm LEVEL P2 S4- 0- 35 CANOPY ABOVEASSUME 2'- 6" SNOW pp 1% GR DE p y9 SNOWMELTED PLATFORM/ ps 9 I 16. 46% GRADE WALK ® 8403. 5' 96x48 PLATFORM LIFT BEHIND CURB) LEVEL P3 8388 ENLARGED CLINIC DRIVE ELEVATION vw-; KEYPLAN ' loe DRIVE AT CLINIC - ENLARGED ELEVATION rRELATEDWE STPAC . 1 v EASTT91R P2- 20 k / UP ON \ aticI.S CLINIC VISITORACCESS EMERGENCY EMERG CY ENTRANCE EXIT ONL EMERGENCYEXIT ONLY o O. OCCUPANT CLINIC 81 403. 5' 8399. 79' 0 LOAD - 61 VESTIBULE02_ 25 a l 7'- 0 L I 6. 46% SLOPE SNOW MELTED DRIVE 1. 00% SLOPE 8400. 43' go i 5- 9 I GURNEY IFT NEY AMBULANCE LITTER SNOW MELTED 14'- 5" 8'- " I PLATFORM/ WALK 84 01. 0' CANOPY ABOVE ASSUME 2'- 6" SNOW TRANSFORMER SKI BACK TRAIL BOUNDARY CURB & GUTTER POWERED LIFT - CONNECTED 1. 00% SLOPE TO BACK BUILDING GENERATOR 14. 637 SLOPE 4- EYPLAN N SKI BACK TRAIL ENLARGED CLINIC DRIVE N 81 16' N n{ 9 rRELATED r17 W ESTPAC ionuaiy 14. 009 77 7--] POWER GURNEY ATE UTTE ANSI LIFTPLATFORM 8403. 5 T. O.C. LOADING DOCK ASSUME .?. s: sryow. .: ON SKI. BACK TRIAL,. 8400. 43 T.O. C. AT AMBULANCE DRIVE NY, \ \\ \/\ NN NN' K EYP LA N CLINIC a CLINIC EMER.EXIT 1 AMBULANCE DRIVE- PLATFORM SECTION GURNEY L1l T AMBULANCE - LITTER SNOW MELTED PLATFORM/ WALK S BACK TRAIL PLATFORM LIFT DRIVE AT CLINIC - BUILDING SECTION rM R ELATED FM W EST PAC January 14 2009 Cf) 1 cb i — 4.63. I I 1 00 ol IX 6.46% yam 9 T o 0It l6' eGA 4i\ Wwan C oK X- S',\ I 11 m " 98 F xo M 0- - j N 1-• m SCALE 1 " = 20 ' SLED PULL OFF AREA/ ASSUME APPROX. 2' OF SNOW ABOVE FINISHED GRADE ON O fSKI TRAIL i BOW 01. 00 FG 2LATFORM/ CONCRETE 03. 5 00 g ;. .• _• y.:.; TOP OF LIFT TO BE FLUSH NTH CONCRETE O PROPOSD WALL 03. PROPOSD LIFT 0j• 00 `" <' ' ' b 1; D EXISTING LOADING 0 TRANSFORMER PLATFORM 3. 50 PROPOSED RAID 7* i y r o y 009 l 6 p 1JI, " 0 LLLL O i 11 I' I 4: 11 n----- - , D 1 II I r it li gi"'-----'-- II 1 I I II III 1I ` Uo ti Q' I 1 I 1 1// 1 i Io J. M1 1 EMPLOYEE HOUSING UNITS L' J AS PREVIOUSLY PROPOSED RELATEDD I. WESTPAC SNOWMASS January ) 4, 00• N a 8-3 8-4.9 O 1ti bb i-------- ii` Ir_ I it 0 ICJ /'' oj' R---- TI--- I II I III II Iti I r=—— JL__— yl O I I1 J a ED W/ D I W/ D I I E-1 I t 0 1_ I L IIo EMPLOYEE HOUSING UNITS Or r, AS CURRENTLY PROPOSED r WES TPADC 7 BuildingJanuary 14, 2009 RETAINING WALL i BELOW unlann t A E i v1 U)U) i Q L 4D O rn J Q F C Aso Cc G Q Q o f EHU J m J B. O. H. w ° awoo NA S J n cn Service L e p ReW& RegaFrm d6 i JLU f i I- carmntyFacioes MOUNTAIN rxclusons CLUB v :` ResdenUalgluon 1 LEVEL P2 FLOOR PLAN RELATE 1 Bedroom 2 Bedroom 3 Bedroom 4 BedroomLock- off M 7 A2. 1 . 2 LEVEL P2 - A2. 1 . 2 - PROPOSED rRELATED E W ESTPAC January building 009 I LOWER E- 2 B- 1 : E- 1Low r Service 2 Retli& Hestaurarx i - I-. - • Ski RaWad Facia 4t W CaaiAo* Faciaes i C- 2 Exclusions C- 1 ResidentialStudio 1 Bedroom yTHIFD LEVEL FLOOR PLAT• 2 Bedroo' u 3 Bedroom 4 BedroomLock- of THIRD LEVEL - A2. 1 . 6 - PROPOSED RELATED W E S T P A C ASE VILLAGE Bullding8 Minor PUD Amendment I January 15. 00 mm cn r Dm 00 SNOWMASS BASE VILLAGE,SNOWMASS,COLORADO BUILDING 8 DEVELOPMENT STATISTICS PROPOSED MINOR PUD AMENDMENT OCCUPANCY Unft Type Unit a P3 P-2 R/ Vmepe 2nd Flom 3rd Floor 4N Floor Tow Units Unit Ares' Tow Area U.S. STUDIO UNR Ml EH 1 1 529 529 STUDIO UNIT&5 EH t 1 968 968 Employee No0a0rp SUWOtW IOft/Floor 0 2 0 0 0 0 0 2 NWArne 0 1,497 0 0 0 0 0 1,497 ONEBEDROOM UNR&1 I 1 1,256 1,256 0.8000 ONEBEDROOM UNIT&1 I 1 1,256 I'm 0.6000 ONE BEDROOM UNIT B-1 1 1 1256 1,256 0.6000 ONEBEDROOM UNIT&1 1 1 1258 1.256 0.8000 ONEBEDROOM UNIT B-1 1 1 1,256 1.256 Sewn ONEBEDROOM UNIT B-1 1 1 1,258 1,256 0.6000 ONE BEDROOM U14R&1 1 1 1258 1258 0.6000 ON E BEDROOM UNR&2 1 1 1,027 1,023 0.5000 ONEBEDROOM UNIT&2 1 1 1,022 1,022 01000 ONE BEDROOM UNIT B-3 1 1 1,000 1,000 0.5000 TWO BEDROOM UNIT 0.4 1 1 1,430 1,430 0.7000 TWO BEDROOM LOCK UNIT Ot 1 1 11980 1,980 1.1500 TWO BEDROOM LOCK UNIT Ot 1 1 1,980 1,980 1.1500 TWO BEDROOM LOCK UNIT C-2 1 1 2,021 2,021 1 O BEDROOM LOCK UNIT C-2 1 1 2,021 2,021 IEW- TWO BEDROOM LOCK UNIT C-3 1 1 1.679 1,679 0.8500 TWO BEDROOM LOCK UNIT Cl 1 1 2,077 2,077 1.2500 TWO BEDROOM LOCK UNIT C-5 1 1 2.125 2.125 1.3500 0 BEDROOM LOCK UNR C-0 1 1 1,950 1,950 1 1.1500 THREE BEDROOM LOCK UNR&2 1 1 2.614 2,644 1 2.0000 THREE BEDROOM LOCK LARD-2 1 2.644 1 2,844 1 2.0000 THREE BEDROOM LOCK UNIT 0-1 1 1 2.799 2.799 1 22500 THREE BEDROOM LOCK I UNIT&1 I 2.811 1 2,811 1 2 M/ FOURBEDRDoMTWOLOCK UNITE-1 LOWER 1 2817 2617 72500 y. \ FOUR BEDROOM TWO LOCK LAKE-1 LOWER 1 2,817 2,817 72500 FOUR BEDROOM TWO LOOK I UNIT E.1 UPPER I 1 1,932 1 1,972 m FOUR BEDROOM TWO LOCK UNIT E-1 UPPER I 1 1,932 1 1,932 TWO BEDROOM LOCK UNIT E-2 LOWERb 1 1 1258 1258 1.5500 TWO BEDROOM LOCK I UNITE-2 UPPER I 1 1,135 1 1,135 m THREE BEDROOM 2 LOCK I LAR E-3 I I 3,598 3.599 4.2500 7ypkal RaWdenWl SLOWMI e I Units/Floor 0 0 5 6 7 7 2 0 27 55.488 m NetAm 0 0 9183 9,960 13,146 13,171 10,028 0 55.488 ".8500 RESIDENTIAL SUMMARY UNITS/FLOOR 0 2 5 6 7 7 2 0 I 56885 N NET AREA 0 0 1 9,183 SAW 13,146 13,171 10,028 0 55,468 448.500 AREA SHARED AR 0 2,042 2,052 1,345 1,651 1,541 I'll"0 10,630 D Employee WAN 0 497 0 0 0 0 0 0 1,497 e Gr0UL3tlon 0 245 1,415 1,345 1,651 1,041 1,591_ 0 7,888 1 Heath Ch15 0 1 300 960 1 0 0 0 0 0 1260 00m 4awokeepkV 0 0 0 0 0 0 300 0 308 DROSS AREA a NET•SHARED 0 2,042 11235 11,305 14,797 14,812 11,927 0 68,116 LOCKOFFS 3 3 4 4 5 e a• RETAIL&RESTAURANT SUMMARYT 233 0 0 3,549 0 0 0 0 7,1442 I RETAIURESTAURANT SUBTOTAL 333 3.548 3,882 7 COMMERCIAL SERVICES SUMMARY 6,508 2,739 457 519 0 0 0 0 10,221 BACK OF HOME 2,400 544 2.944 LOBBY 2,136 2136 Z ELEVATOR LOBSY/STAIR CORES 1,018 445 457 519 2.439 es O ELEVATOR 282 282 LUGGAGE 254 251 CORRIDOR 416 1,750 2,166 T STORAGE&HOTEL KRCIIEN 0 C SKI RELATED FACIUTIES SUMMARY 0 5,210 0 0 0 0 0 0 6,210 FUTURE CLUB AND LOCKER I 5,210 1 0 5210 COMMUNITY FACILITIES SUMMARY 234 5,434 4,794 0 0 0 0 0 10 D UN-ENTITLED SPADE 0 ..794 4.7% CLINIC 234 5.431 6.668 BUILDING SUMMARY GROSS FLOOR AREA 7,073 15.425 16,486 15,373 14,797 14,612 11,927 0 95.893 m RESIDENTIAL 0 2,042 11,235 11,305 14,797 14,812 11,827 0 66,118 Z COMMERCIAL SERVICES 6.506 2,739 457 519 0 0 0 0 10,221 RETAIL B RESTAURANT 333 0 0 3,549 0 0 0 0 3.882 SKI RELATED FACIUTIES 0 5210 0 0 0 0 0 0 5,210 COMMUNITY FACILITIES 234 5,434 4,794 0 0 0 0 0 10.462 m Z i I l ry a Y. i• 1 1 F1 J V. t y CA MMO 3 Q. CD K3 00 0 1, tOD 1. ° NJw- si f 4' r TABLE OF CONTENTS N BUILDING 8 1. COVER SHEET 46. PUD ISSUED ELEVATIONS: A4. 1. 2 2. TABLE OF CONTENTS T 3. OUTLINED CHANGES 47. R. O. D # 8 ELEV,-, LION: A4. 1. 2 48. ADMIN. MOD. / DRAFT R. O. D # 31 ELEVATION: A4. 1. 2 4. PUD COMPLIANCE 49. PROPOSED ELEVATIONS: A4. 1. 2 5. DEVELOPMENT STATISTICS- PUD 6. DEVELOPMENT STATISTICS- PUD CORRECTED 50. PUD ISSUED ELEVATIONS: A4. 1. 3 7. DEVELOPMENT STATISTICS- R. O. D. # 8 51. R. O. D # 8 ELEVATION: A4. 1. 3 n 8. DEVELOPMENT STATISTICS- ADMIN. MOD. 52. ADMIN. MOD. / DRAFT R. O. D # 31 ELEVATION: A4. 1. 3 9. DEVELOPMENT STATISTICS- MINOR PUD AMENDMENT 53. PROPOSED ELEVATIONS: A4. 1. 3 c 10. SUMMARYMATRIX- COMPARISON 54. BUILDING SECTION COMPARISON 11. PUD ISSUED PLAN: LEVEL P3, A2. 1. 2 55. LANDSCAPE PAVING/ MATERIAL PLAN: PUD VS. 12. R. O. D # 8 PLAN: LEVEL P3, A2. 1.1 PROPOSED 13. ADMIN. MOD. / DRAFT R. O. D # 31 PLAN: LEVEL P3, A2. 1.1 56. PLANTING PLAN: PUD VS. PROPOSED 14. PROPOSED PLAN: LEVEL P3, A2. 1.1 57. RETAINING WALL/ POOL DECK SECTION: PROPOSED U 15. PUD ISSUED PLAN: LEVEL P2, A2. 1. 3 58. PUD ISSUED MATERIAL BOARD 16. R. O. D # 8 PLAN: LEVEL P2, A2. 1. 2 59. PROPOSED MATERIAL BOARD 17. ADMIN. MOD. / DRAFT R. O. D # 31 PLAN: LEVEL P2, A2. 1. 2 y 18. PROPOSED PLAN: LEVEL P2, A2. 1. 2 19. PUD ISSUED PLAN: LEVEL P1, A2. 1. 4 20. R. O. D # 8 PLAN: LEVEL P1, A2. 1. 3 21. ADMIN. MOD. / DRAFT R. O. D # 31 PLAN: LEVEL P1. A2. 1. 3 22. PROPOSED PLAN: LEVEL P1, A2. 1. 38. 23, PUD ISSUED PLAN: VILLAGE LEVEL, A2. 1. 5 24 ROD # 8 PLAN: VILLAGE LEVEL, A2 1 4 25 ADMIN MOD / DRAFT R. O. D # 31 PLAN VILLAGE 26 PROPOSED PL N. VILLAGE L EL, 27. PUD ISSUED PLAN: SECOND LEVEL, A2. 1. 6 28. R. O. D # 8 PLAN: SECOND LEVEL, A2. 1. 5 29. ADMIN. MOD. / DRAFT R. O. D # 31 PLAN: SECOND LEVEL, A2. 1. 5 30. PROPOSED PLAN: SECOND LEVEL, A2. 1. 5 31. PUD ISSUED PLAN: THIRD LEVEL, A2. 1. 7 32. R. O. D # 8 PLAN: THIRD LEVEL. A2. 1. 6 33. ADMIN. MOD. / DRAFT R. O. D # 31 PLAN: THIRD LEVEL, A2. 1. 6 34. PROPOSED PLAN: THIRD LEVEL, A2. 1. 6 35. PUD ISSUED PLAN: FOURTH LEVEL, A2. 1. 8 36. R. O. D # 8 PLAN: FOURTH LEVEL, A2. 1.7 37. ADMIN. MOD. / DRAFT R. O. D # 31 PLAN: FOURTH LEVEL, A2. 1. 7 38. PROPOSED PLAN: FOURTH LEVEL, A2. 1, 7 39. PUD ISSUED PLAN: ROOF PLAN, A2. 1. 9 40. ADMIN. MOD. / DRAFT R. O. D # 31 PLAN: ROOF PLAN, A2. 1. 8A 41. PROPOSED PLAN: ROOF PLAN, A2. 1. 8A 42. PUD ISSUED ELEVATIONS: A4. 1.1 43. R. O. D # 8 ELEVATION: A4. 1.1 44. ADMIN. MOD. / DRAFT R. O. D # 31 ELEVATION: A4. 1.1 45. PROPOSED ELEVATIONS: A4. 1.1 1 RELATED W E S T P A C SNOWMASS BASE VILLAGE i Table of Contents SBVB OUTLINED CHANGES- PUD AMENDMENT D BU D N OOTE= S OO N PLANS REFER TOO CHANGES t SUBMITTE= D THi" OQ&- ADMIN. MOD. DRAFT R. O. D. Red dashed fines refer to items to be reviewed through a Minor Elevations W# 11- 3110P& ENDDING APPROVAL. ( FOR REFERENCE ONLY) PUD Amendment. Bubbles shown in black onR. O. D# 8 pages S.R. Egress fromtherevisedforrelocatdemplogeeunit. refer to the TOSV Administrative Modification submitted 9/ 28/ 2005 pool was added per the request of the approved and recorded on 2/ 2/ 06 as Record of Decision# 8. Snowmass Wildcat Fire Department. T. Balcony was added to residential unit C- 6 below the P- 3 restaurant. A. The lobby was enlarged from 1550 SF to 2136 SF. U. Clearance sign added at garage entry. Garage door B. Additional required back of house area was added has changed from a single door to ( 2) doors, one for under pool deck ( in formerly backfilled space). entry and one for exit. V. Added wall at the pool deck steps to allow for P- 2 landscaping breaking up the expanse of the stone wall. C. The Fitness Center was relocated from P- 2 to P- 1 and W. Window configurations have changed slightly as a the P- 2 space is now B. O. H. result of mechanical coordination. D. An egress corridor was added between the BOH, clinic X. Canopy was added to the porte cochere to reduce and Mountain Club, exiting on the south- east side of the hazards from falling snow from the roof four stories the building. above. E. The pool was reconfigured to the more formal original Y. Not Used layout. Egress from the pool was added per the Z. Not Used request of the Snowmass Wildcat Fire Department. F. The slab opening was closed and an employee unit was relocated to the area above the lobby from its AA. Canopies have been added to mitigate snow dump. original location on level P- 1. Vacated space from EHU BB. Not Used becomes unit C- 6 lock- off. The size of the employee CC. Windows in C- 6 were revised to work with the unit housing units on P- 2 are now 1000 sq. ft. ( total) which is layout. Balcony added to residential unit. consistent with R. O. D. # 8. DD. The clinic fenestration was revised to accommodate G. Side entrance and platform added to provide direct mech. louvers. ambulance access through clinic vestibule. EE. The windows under the bridge had to be removed as a result of structural coordination. P- 1 FF. Window style changed. H. The Fitness Center was relocated to P- 1 Level from P- 2 GG. Not used. level. Area reduced from 1501 SF to 960 SF, replacing HH. Window styles updated to allow increased daylight the room service kitchen. Room service will operate out into lobby. of the restaurant space on the village level. Fourth Level I. Not Used J. E- 1 Unit was expanded under the existing roof plan to provide a more usable unit configuration. K. Useable area under the existing roof plane was incorporated into the units E- 1 and E- 2. Roof PlanL. Plans and elevations approved through R. O. D # 8 determined the roof shape changes shown in proposed 1 plan. No roof plan was submitted for R. O. D # 8. M. Not Used N. Roof over elevator core was raised to accommodate louvers for the elevator shaft venting. O. Mechanical vent added to the roof plan. P. Copper roofing changed to asphalt shingles. Q. Elevated ridge section between cupolas removed. t OUTLINED CHANGES RELATED W EST PAC SNOWMASS BASE VILLAGE ' Building Minor PUD Amendment November 18, 00 1 Snowmass Base Village PUD Compliance The proposed PUD amendment is evaluated below as it compares to the PUD V. COMMERCIAL SPACE in the following categories. I. F. A. R 5. States maximum of 195, 000 SF of commercial related area broken down as II. Unit Equivalency follows: III. Unit Counts and Lock- offs IV. Restricted Housing V. Commercial Space LOT 3 Current Area in PUD Areas Max Min VI. Parking Bldas 6. 7. 8 S. F. n S. F. Allowed Allowed nelta COMMERCIAL 7999 6347 7347 5- 347 0 COMMERCIAL SFRV1QF 12037 R 684 9416 7416 + I. FLOOR AREA RATIO SKI RFl ATPn FACILITIFS 11 851 12, 426 13496 11426 0 LOT 3 k Building 6, 7, and 8 1 33 96 1 Total floor area for lot 3 is 141, 886 SF Per ordinance 21 the un- entitled area is not calculated into the Community Facilities total. PUD Building Area Limit based on the following calculation With the proposed changes the maximum commercial related area of 195, 000 SF was not exceeded. Max 1. 29 FAR= X/ 108, 028 SF ( Lot Size) X= 139. 356 SF The table above summarizes per lot where the commercial areas were reallocated. Allowed to exceed max by 2% VI. PARKING 1. 02x 139, 356= 142. 143 SF There are 625 enclosed parking spaces and 58 surface parking per the administrative modification# 7 Lot 3 does not exceed the allowed area. Exhibit A dated January 19, 2006. The below table shows the calculations per building and includes the area increase per this Minor PUD II. UNIT EQUIVALENCY Amendment. LHU 4a The total unit equivalency for building 8: 1 Space/ Residential Commercial Restaurant Corrected PUD 35. 20 Administrative Modification 43. 20 119 Proposed PUD Amendment 44. 85 ROD# 8 1 20 91157 1 14 113 III. UNIT COUNTS AND LOCK- OFFS PROPOSED 2 20 21157 1 13 113 4b. States a maximum of 610 multi- family units and a minimum of 68 Lock- offs ** Peak heights correspond with green elevation notes on roof plans shown on pages 32 and 33. Proposed maintain 27 multi family units Proposed changes increase lock- offs to 19. Peak Existing Finished Finished ea ea delta grade Grade Grade Height Height Existing- Finished xis mg mis e IV. RESTRICTED HOUSING Proposed PUD Grade Grade Grade Grade A 8370. 0' 8392. 00' 8390. 00' 8477. 0' 8476. 08' -. 92' 107. 0' 85. 0' 106. 08' 86. 08' 4c. States a minimum of 19, 010 SF of restricted housing and 23 dwelling units B 8378. 0' 8399. 00' 8400. 00' 8482. 0' 8481. 08' -. 92' 104. 0' 83. 0' 103. 08' ROD# 8 Development statistics required 1000 SF of employee housing, however the ROD# 8 C 8380. 0' 8426. 00' 8426. 00' 8482. 0' 8481. 08' -. 92' 102. 0' 56. 0' 101. 08' 55. 08' drawings only provided 578 SF of employee D 8376. 0' 8426. 00' 8426. 00' 8477. 0' 8476. 08' -. 92' 101. 0' 51. 0' 100. 08' 50. 08' housing. The drawings now show 1, 116 SF of employee housing. E 8380. 0' 8426. 00' 8426. 00' 8491. 0' 8490. 08' -. 92' 1 111. 0' 1 65. 0' 1 110. 08' 1 64. 08' F 8388. 0' 8426. 00' 8426. 00' 8482. 0' 8481. 08' -. 92' 94. 0' 1 56. 0' 1 93. 08' 55. 08' G 8388. 0' 8426. 00' 8426. 00' 8478. 0' 8483. 08' + 5. 08' 90. 0' 52. 0' 1 95. 08' 1 57. 08' PUD COMPLIANCE RELATEDWEST PAC SNOWMASS BASE VILLAGE Building 8 I; Minor D Amendment Novem- ber- 18, 2008 mm co r U Dm 00 SNOWMASS BASE VILLAGE,SNOWMASS,COLORADO BUILDING 8 DEVELOPMENT STATISTICS 2113/04 FINAL PUD OCCUPANCY Unit Type Unit PA P-2 P-1 Village 2nd Flom 3rd Floor IN Floor Total Units Unit Ma' Total Ma U.E. ONEBEDROOM E.H. P7-01 1 1 1,000 1,000 Envoy"Housing Subtotal N UMra/Floor 0 0 1 0 0 0 0 0 0 1 1,000 NstAma 0 0 1,000 0 0 0 0 0 0 1,000 ONEBEDROOM UNRA-1 210 1 1 680 660 0.5000 ONEBEDROOM UNRA-1 310 1 1 660 660 0.5660 ONE BEDROOM UNIT Am! 170 1 1 600 880 0.5000 0 0 0.0000 ONEBEDROOM UNIT A-2 105 1 1 935 935 0.5000 ONEBEDROOM UNIT A-2 205 1 1 035 935 0.5000 ONEBEDROOM UNIT A-2 305 1 1 935 935 0.5000 0 0 0.0000 ONEBEDROOM UNIT 301 1 1 895 895 0.5000 ONEBEDROOM UNRA-3 302 1 1 095 895 0.5000 TWO BEDROOM LOCK UNIT B-1 Pi-107 1 1 2,715 2,715 2.2875 TWO BEDROOM LOCK UNIT B-1 107 1 1 2,715 2,715 2.2875 TWO BEDROOM LOCK UNIT&1 201 1 1 2,715 2,715 2.2875 TWO BEDROOM LOCK UNIT B-1 207 1 1 2,715 2,715 2.2875 TWO BEDROOM LOCK UNIT B-1 301 1 1 2,715 2,715 2.2875 TWO BEDROOM LOCK UNIT B-1 307 1 1 2,715 2,715 2.2875 0 0 0.0000 TWO BEDROOM LOCK UNIT B-2 P7-03 1 1 1,630 1,630 0.8801) TWO BEDROOM LOCK UNIT B-2 P7-05 1 1 1.630 1,630 0.8800 TWO BEDROOM LOCK UNIT B-2 103 1 1.830 1.630 0.8800 TWO BEDROOM LOCK UNIT B-2 203 1 1 1.630 1.630 0.8800 TWO BEDROOM LOCK UNIT B-2 303 1 1 1,630 1,630 0.8800 0 0 0.0000 TWO BEDROOM LOCK UNIT B-3 209 1 1 1.940 1,940 1.1900 TWO BEDROOM LOCK UNIT B-3 309 7 1 1,940 1,940 1,1900 TWO BEDROOM LOCK UNIT B-3 409 1 1 1,940 1,940 1.1900 0 1 0 0.0000 TWO BEDROOM LOCK UNIT 84 212 1 1 2.100 2.100 1.3500 TWO BEDROOM LOCK UNIT B-4 312 1 1 2,100 2.100 1.3500 TWO BEDROOM LOCK UNIT 84 412 7 1 2,100 2,100 1.3500 0 0 0.0000 TWO BEDROOM LOCK UNIT 84 PI-09 1 1 2.350 2,350 1.6000 TWO BEDROOM LOCK UNIT B-4 109 1 1 2.350 2,350 1.6000 0 0 0.0000 TWO BEDROOM LOCK UNIT B-6 101 1 1 1,650 1,650 0.9000 0 D 0.0000 TWO BEDROOM UNIT 8-7 110 1 1 970 970 0.5000 STUDIO UNIT C-1 402 1 1 710 710 0.5000 STUDIO UNIT C-1 406 1 1 710 710 0.5000 0 0 0.0000 STUDIO UNIT C-2 1 404 1 1 800 800 0.5000 0 0 0.0000 0 0 0.0000 0 0 0.0000 Typtpel Resldsn0al Subtotal ItUnds/Flour 0 0 4 8 7 7 8 0 0 32 52,675 Not Am 0 0 8.325 10,250 12,695 12,695 8,710 0 0 52,675 35.6450 OCCUPANCY Unit Type Unit P-0 P.2 P-1 Village 2nd Floor 3b Flom 4N Floor TOWUnIM UnIt Ama' TatalAma U.E. RESIDENTIAL SUMMARY e UNITS t FLOOR 0 0 5 6 7 7 8 0 0 33 53;675 NET AREA 0 0 8,325 10.250 12,695 12,695 8,710 0 0 52,075 30.6450 SHARED AREA 0 2.946 2.800 1,800 1.800 1,800 1,800 0 0 12.968 Employee houa0p 0 0 1,000 0 0 0 0 0 0 1,000 COCUeeon 1,800 1,800 1.800 1,1100 1,800 9,000 Health Club 2.946 2.948 U101ty 0 Othem 0 GROSS-AREA•NET•SHARED 0 2,946 11,125 12,050 14,495 14,495 10,510 0 0 85,621 LOCKOFFS 4 4-S 5-2 20 ITI RETAIL-S'RESTAURANT SUMMMY 0 0 0 3;045 0 0 0 0 0 a5 rn RETAIL/RESTAURANT SUBTOTAL 0 0 3,045 0 0 0 0 0 3,045 O3.045 3.045 SERVICE 9UB7OTAL 278 381 S8B 0 0 0 0 0 0 47837 BACK OF HOUSE 1,919 1.919 a• LOBBY 1,559 279 1,838 STAIR 658 658 ELEVATOR 287 207 Z LUGGAGE 788 788 VESTIBULE 67 B2 149 I STORAGE d HOTEL KITCHEN 898 898 7 SKI REVATED'FACILITIES'SUMMARY 0 0 6;785 0 0 0 0 0 0 5;705 FUTURE CLUB B LOCKER 5,785 5,785 D COMMUNITYFRCIIUrTIESTSUMMARY 74 11;803 0 0 0 0 0 0 0 77,877 FUTURE CLINIC B,B90 8,890 CLINIC 74 4,913 4.987 BUILDINGISUMMARY IIIGROSSJF L'OORAREA 5,278 15,110 17,000 15,095 14,495 74,495 10,510 0 0 92 T91 RESIDENTIAL 0 2,9d6 1 M25 12,050 14,195 11,495 10,510 0 0 KEEN SERVICE 5,270 361 890 0 0 0 0 0 0 6,537 RETAILS RESTAURANT 0 0 0 3,045 0 0 0 0 0 3,015 SKI RELATED FACILITIES 0 0 5,705 0 0 0 0 0 0 5,705 COMMUNITY QFhSTIES 0 0 0 0 0 0 0 0 0 0 BUSINESSIPROFESSIONAL OFFICES 74 17,807 0 0 0 0 0 0 0 11,871 EXCLUSIGNS 0 ._ 0 0 .. 0 .0 0 _ 0 _: _: 0 0 0 r r r r r r r r r r r r r r r r r r r MM cn r o> Dm 00 SNOWMASS BASE VILLAGE,SNOWMASS,COLORADO BUILDING 8 DEVELOPMENT STATISTICS 4.17.07 PUD CORRECTED OCCUPANCY UN1 Type Unit It PJ P•2 P•1 WIMge 2no Floor 3ro Floor 4UI Floor ToMI UNts Unit Area' Talo l Arne U.E. ONE BEDROOM E.H, Pl-01 1 1 1 1,555 117577- 05000 Employ=Housing,Su0taW e UNb/Fbor 0 0 1 0 0 0 0 0 0 1 1,000 Net Am 0 0 1,000 0 0 0 0 0 0 1,000 ONEBEDROOM UNIT A4 210 1 1 660 660 0.5000 ONEBEDROOM UNIT A.1 310 1 1 660 660 0.5000 ONEBEDROOM UNIT A.1 410 T 1 1 650 660 0.5000 0 0 0.0000 f DROOM UNIT A.2 105 1 1 935 935 0.5000 DROOM UNIT A•2 205 1 1 935 935 0.5000 DROOM UNIT A.2 305 1 1 935 935 0.5000 0 0 0.0000 ONEBEDROOM UNIT A-3 301 1 1 895 895 0.5000 ONEBEDROOM UNIT A-3 302 1 1 895 895 0.5000 TTW'0-0-0BeeEEDROOO•MLOCK UNIT&1 Pl-107 1 1 2,715 2,715 2.2500 TWO BEDROOM LOCK UNIT B-1 107 1 1 2,715 2,715 2.2500 TWO BEDROOM LOCK UNIT BI 201 1 1 2,715 2,715 2.2500 TWO BEDROOM LOCK UNIT B.I. 207 1 1 2,715 2,715 2.2500 TWO BEDROOM LOCK UNIT B-1 301 1 1 2,715 2.715 2.2500 TWO BEDROOM LOCK UNIT B-1 307 1 1 2,715 2,715 2.2500 0 0 O.DOOO TWO BEDROOM LOCK UNIT B-2 P1-03 1 1 1,630 1,630 0.8500 TWO BEDROOM LOCK UNIT B-2 Pt-05 1 1 7,630 1,630 0.8500 TWO BEDROOM LOCK UNIT B-2 103 1 1 1,630 1,630 0.8500 TWO BEDROOM LOCK UNITB•2 203 1 1 1 1,630 1,830 0.8500 TWO BEDROOM LOCK UNIT 13-2 303 1 1 1,630 1,630 01500 0 0 0.0000 TWO BEDROOM LOCK UNIT B-3 209 1 1 1,940 1,940 1.1500 TWO BEDROOM LOCK UNIT B-3 309 1 1 1,940 1,940 1.1500 TWO BEDROOM LOCK UNIT B-3 409 1 1 1,940 1,940 1.1500 0 0 0.0000 TWO BEDROOM LOCK UNIT S-4 212 1 1 2,100 2,100 1.3500 TWO BEDROOM LOCK UNIT B-4 312 1 1 2,100 2,100 1.3500 TWO BEDROOM LOCK UNIT B-1 412 1 1 2,100 2,1 DO 1.3500 0 0 0.0000 TWO BEDROOM LOCK UNIT B4 P1-09 1 1 2,350 2,350 1.5500 TWO BEDROOM LOCK UNIT 04 109 1 1 2,350 2,350 1.5500 0 0 0.0000 TWO BEDROOM LOCK UNIT 101 1 1 1 1,650 1,650 FB500 0 0 0.0000 TWO BEDROOM UNIT B-7 110 1 1 970 970 0.5000 STUDIO I UNIT C-1 602 1 1 710 710 0.5000 STUDIO I UNITC-1 4 1 1 1 1 1 710 1 710 0.5000 0 0 0.0000 STUDIO UNIT C-2 404 1 1 800 800 0.5000 o o o.a000 0 0 0.0000 0 0 1 0.0000 Typical ReelcanUel Su0Mhd e Limb/Floor 0 0 4 6 7 7 8 0 0 32 52,675 M Nei Am 0 0 8,325 10.250 . 12695 12 691 1710 0 0 52,575 35.2000 C RESIDENTIAL SUMMARY UNITS/FLOOR 0 0 5 8 7 7 8 0 0 33 53,675 M NET AREA 0 0 8,325 10.250 12,695 12,695 8,710 0 0 62,075 35.= SHARED AREA 0 2.946 2.800 1.800 7.800 1.800 1.800 0 0 12.946 O Employee Musing 0 0 1,000 0 0 0 0 0 0 1,000 Gr0ulawn 1,800 1,800 1,800 1,800 1,800 8,000 Health Club 2,946 2,946 7 UIWry 0 S Oinero 0 l•l••t1 1 11 GROSS AREA.NET SHARED 0 2,946 11,125 12,050 14,495 14,495 10,510 0 0 05,021 Z LOCKOFFS 4 4 5 5 2 20 RETAIC'A'RESTAURANT SUMMARY 0 0.0 -3,045 . 1 0- - 0 - 704 ... `0'0' "_..-_. 3044:'" ... RETAIL/RESTAURANT SUBTOTAL 0 0 3,045 0 0 0 0 0 3,045 1 SERVICE,SUSTOTAL s,zT836J .890 I 3,a 5 I j I I 3 045 1 BACK OF HOUSE 1,919 1,919 1 N LOBBY 1,559 279 1,838 STAIR 658 658 R ^ ELEVATOR 2B7 287e• LUGGAGE 788 788 i. ` ' VESTIBULE 67 B2 149NSTORAGEbHOTELKITCHEN898898 1 SKIREDATEDFACILITIESSUMMARY 0 0 5,785 0 1 0,0 0" °0 1 , 5,785 FUTURE CLUB b LOCKER I I 5_785 I I f 5,785_ C COMMUNTY FACILITIE99UMMARY 74 i1 8W 0 0 0 0 0 0 0 -' 11A77 FUTURECLINIC i 90 CLINIC 71 4,813 4.987 BUILDING SUMMARY GROSS FLOOR AREA 5,278 15,110 17,808 15,095 14,495 14,495 10,510 0 0 02,701 RESIDENTIAL 0 2,946 11,125 12,050 14,495 14,495 10,510 0 0 85,621O T SERVICE 5,278 361 998 0 0 0 0 0 0 6.537 V RETAIL b RESTAURANT 0 0 0 3,045 0 0 0 0 0 3,045 SKI RELATED FACILITIES 0 0 5,785 0 0 0 0 0 0 5,785 rn BUSINESS/PROFESSIONAL OFFICES 0 0 0 0 0 0 0 0 0 0 COMMUNITY FACILITIES 74 11,803 0 0 0 0 0 0 0 11,877 EXCLUSIONS 1 0 0 0 0 0 0 0 0 0 1 0 M U Co MM cn r Dm 00 SNOWMASS BASE VILLAGE,SNOWMASS,COLORADO BUILDING 8 DEVELOPMENT STATISTICS Admin.Mod.ROD February 2,2006 OCCUPANCY Unit Type Unit PJ P-2 P-1 Village 2n#Floor 3rd Floor 4th Floor Total Units Unit Ma• Total Ana U.E. STUDIO UNITA-1 EH 1 1 1,000 1,000 Employee Hou4 UnSabroHl A Urde/Flop 0 0 1 0 0 0 0 I 1,000 NptAma 0 0 1,000 0 0 0 0 1.000 I.BEDROOM UNIT 8-1 1 1 1,277 1,277 0.6000 1-BEDROOM UNIT B-1 1 1 1,277 1,277 0.6000 1-BEDROOM UNIT 8-1 1 1 1,277 1,277 0.6000 1-BEDROOM UNITBA 1 1 1,277 1,271 0.6000 1-BEDROOM UNIT B-1 1 1 1,277 1,277 0.6000 1-BEDROOM UNIT B4 1 1 1,271 1,277 0.6000 I.BEDROOM UNIT B-1 1 1 1,277 1,277 0.6000 1-BEDROOM UNIT&2 1 1 1,037 1,037 0.5000 1-BEDROOM UNIT B-2 1 1 1,037 1,037 0.5000 I.BEDROOM UNIT B-3 1 1 1,011 1,011 0.5000 1-BEDROOM UNIT CS 1 1 1,342 1,342 0.6500 4TH FLOOR SPLIT UNIT? UNIT B5 1 1 1,341 1,341 0.6500 2.BEDROOM LOCK UNIT C-1 1 1 1,900 1,900 1.1500 2-BEDROOM LOCK UNIT C-1 1 1 1,900 1,900 1.1500 2-BEDROOM LOCK UNIT C-2 1 1 1,982 1,982 1.1500 2-BEDROOM LOCK UNIT C-2 1 1 1,982 1,982 1.1500 2.BEDROOM LOCK UNIT C-3 1 1 1,691 1,691 0.8500 2-BEDROOM LOCK UNIT C4 1 1 2,087 2,087 12500 2-BEDROOM LOCK UNIT C-5 1 1 2,143 2,143 1.3560 3-BEDROOM LOCK UNIT D-1 1 1 2,825 2,825 2.5000 3-BEDROOM LOCK UNIT D-1 1 1 2,825 2,825 2.5000 EDROOM LOCK UNIT 0-1 1 1 2,825 2,825 2.5000 3-BEDROOM LOCK UNIT D-1 1 1 2,825 2,825 2.5000 4-BEDROOM TWO LOCK UNITE-1 LOWER 1 1 2,818 2,818 6.2500 4-BEDROOM TWO LOCK UNIT E-1 LOWER 1 1 2,818 2,818 6.2500 4-BEDROOM TWO LOCK UNITE-1 UPPER 1 1 1,542 1,542 0.0000 4-BEDROOM TWO LOCK UNITE-1 UPPER 1 1 1,542 1,542 0.0000 2-BEDROOM LOCK UNIT E-2 LOWER 1 1 1,277 1,277 1.3500 2-BEDROOM LOCK UNITE-2 I UPPER 1 1 842 842 0;0000 4th FLOOR SPLIT UNIT 2 UNITE-3 1 1 3,578 3,578 4.2500 Typical Residential Soarodl Units/Floor 0 0 5 8 7 5 0 27 54,109 Net Area 0 0 8808 10224 13,123 13.109 8.845 0 54109 43.1500 RESIDENTIAL SUMMARY UNITS I FLOOR 0 0 6 8 7 7 5 0 28 55,109 NETAREA 0 0 8,808 10221 13,123 13,109 8,545 0 54,109 43.1500 SHARED AREA 0 1,582 2.302- 1,095 1,800 1,a00 1,746 0 10,295 Employee hwaing 0 0 1,000 0 0 0 0 0 1,000 Cirtada89n 0 0 1,302 1,085 1,800 11800 1,746 0 7,733 0 Health Chia 0 1,5112 0 0 0 0 0 0 1.552 Utility 0 0 0 0 0 0 0 0 0 OCCUPANCY Unit Type Unit# P-3 P-2 P-1 Village Ind Floor 7rd Floor 4th Fleor Total Unite Unit Ana• ToW Aura LIE D 0 M GROSSIAREA-NETS SHARED 0 1,562 11,110 11,309 14,923 14,909, '10,591 0 94,404 I LOCKOFFS 0 2' 3 4, 4 4 17 rn RETAILea1RE9TAURANT SUMMARY 0 0 0 =t-o"= 0 0 0 0 7;046 r RESTAURANT F&B 3,045 3.045 O0 ea CO111 SERVICE8T8UMMARY x761 1,711 1,774 688 0 0 0 0 7,577 s7 1ADMIWSERVICES1,175 1,175 rn LOBBY 1.550 1,550 t Z ELEVATOR LOBBYISTAIR CORES 682 1,311 385 688 2,966 ELEVATOR 289 289 LUGGAGE 262 262 CORRIDOR 306 306 e STORAGE 8 MTN CLUB KITCHEN 989 989 e• D 61URETTE0 FACILITIE88UMMARY 0 5,805 0 0 0 0 0 0 5,806 Mwntlan Clob and Locker 5,608 6,608 COMYUNRY FACILRIE88UMMARY 700 5,89] 5,257 0 0 0 0 0 11,244 CLINIC 300 5,687 5,987 N VACANT 3257 5,257 1 BUIL'DINO'SUMMA RY GROSSFLOORAREA 4,464 14,168 17!741 15,042 14,923 W 91,038 RESIDENTIAL O 1,662 11,110 11,309 14,923 81,404 ORETAIL 8 RESTAURANT, 1 061 i 011 1!374 3,045 0 3.045 SKI RELATED FACILITIES 0 5,608 0 0 0 5,608 M COMMUNITY FACILITIES _ 300 S,6B7 . 5,257 0 0 1,1,244 CID 1. mm o or D =' T 4 D N o a-I T o Dm 00 m w m Tm Irn m 2 Z Z C7 D 0" F D SNOWMASS BASE VILLAGE,SNOWMASS,COLORADO BUILDING 8 DEVELOPMENT STATISTICS Admin.Mod. October 20,2008 OCCUPANCY UnlITYpe Unit P-3 P-2 P-1 Village Me Floor 3n5 Floor 4N Floor TOMI UMIS UNl Area• TOMI Ana U.E. 01 STUDIO UNIT A-1 EH 1 1 1.000 1.000 Emplayse NouaMg Subtotal IUnaa/Flow 0 0 1 0 0 0 0 1 1,000 Nel Ares 0 0 1,000 0 0 0 0 1,000 1-BEDROOM UNIT 0-1 1 1 1,27] 1277 0.60110 1-BEDROOM UNIT&1 1 1 1,277 1,27]0.6000 1-BEDROOM UNIT B-1 1 1 1,277 1,277 0.6000 1-BEDROOM UNITB.I I 1 1,277 1,277 0.8000 1-BEDROOM UNIT 8.1 1 1 1,277 1,277 0.8000 1-BEDROOM UNIT 6-1 1 1 1,277 1,277 0.6000 1-BEDROOM UNIT&1 1 1 1,277 1,277 0.6000 1-BEDROOM UNIT 5-2 1 1 1,037 1,037 0.5000 1-8EDROOM UNIT&2 1 1 1,037 1,037 0.5000 1-BEDROOM UNIT B-3 1 1 1,011 1,011 0.5000 1-BEDROOM UNIT C-6 1 1 1,342 1,342 0.6500 4TH FLOOR SPLIT UNITI UNIT B.5 1 1 1,430 1,430 0.7000 2.BEDROOM LOCK UNUC-1 1 1 1,900 1,900 1.1500 2-BEDROOM LOCK UNRC4 1 1 1,900 1,900 1.1500 2-BEDROOM LOCK UNIT C-2 1 1 1,982 1,982 1.1500 2-BEDROOM LOCK UNIT C.2 1 1 1,982 1,982 1.1500 2-BEDROOM LOCK UNIT C.7 1 1 1,691 1,691 0.8500 2.BEDROOM LOCK UNITC4 1 1 2,067 2,087 1.2500 2-BEDROOM LOCK UNIT G5 1 1 2,143 2,143 1.3500 3-BEDROOM LOCK UNIT D-1 1 1 2,825 2,825' 1 2.5000 3-BEOROOM LOCK UNIT 0-1 1 1 2,825 2,625 1 2.5000 rn 3-BEDROOM LOCK UNIT D-1 1 1 2,825 2,825 2.5000 3-BEDROOM LOCK UNIT 0.1 1 1 2,825 2,825 2.5000 m Y . ; < rte r 4-BEDROOM TWO LOCK LINR E-1 LOWER 1 1 2,816 2,618 6.2500 O 4-BEDROOM TWO LOCK UNIT E-1 LOWER 1 1 2,816 2,818 6.2500 4-BEDROOM TWO LOCK UNIT E-1 UPPER 1 1 1,542 1,542 0.0000 T 4-BEDROOM TWO LOCK UNIT E.1 UPPER 1 1 1,542 1,542 OADW 2-BEDROOM LOCK UNIT E-2 LOWER 1 1 1 1,277 1,277 1.3500 L 2-BEDROOM LOCK UNIT E-2 UPPER 1 1 842 842 ' 00000 m 4th FLOOR SPLIT UNIT 2 UNIT E.3 1 1 3,599 3,599 4.2500 Z N Typical ReslMmnt SUblotal IUnM/Fbor 0 0 5 6 7 5 0 27 54,219 U)Nsl Area 0 0 8,808 10.224 13,123 13,109 8,955 0 54,219 412000 D RESIDENTIAL SUMMARY I 0UNITS I FLOOR 0 0 8 6 7 7 5 0 26 55,218 N NET AREA 0 0 8,808 10.224 13,123 13,109 6,955 0 54,219 432000 SHARED AREA 0 1,562 2,302 1,085 1,800 1,800 1,746 0 10,295 Emp"houeeq 0 0 1,000 0 0 0 0 0 1,000 1 Ciwlalbn 0 0 1,302 1.085 1,800 1,800 1,746 0 7,733 I Haab CI 0 1,562 0 0 0 0 0 0 1,562 1 N utay 0 0 0 0 0 0 0 0 0 1 0 0 D GROSS AREA.NET•SHARED 0 1,582 11,110 11,309 14,923 14,809 10,701 0 64,514 LOCKOFFS 0 2 3 4 4 4 17 RETA104 RESTAURAMTeSUNYARV- 1 40 0"I3;849F, ' 0T -TOE -jOF 01 T RESTAURANT F&B 3.549 3,549 0 7 COYYENCIAOSERVICES SUMMARY X4,184' _1,311 1;37...: ?668; '.;;Oh! .':0.j't. ' "a,, . (0'.' s' i y 7 7' L ADMWISERVICES 1,175 1,175 LOBBY 1,550 1 1,550 ELEVATOR LOBBYISTAIR CORES 582 1,311 1 385 6B8 2,966 O ELEVATOR 289 269 LUGGAGE 262 262 CORRIDOR 306 306 STORAGE B MTN CLUB BBB BBBKITCHEN SIU RELATED FACILITIES SUMMARY v 10" 61609 „O,m 0 1 s0Or 6,600 MwnOan Club ana Locket 5.608 5.608 yCOMYUNRYPACILRIES,SUMMARY 404x" .5,007 TOAST.` 0 OQ iOj , 111,178 CLINIC 234 5,687 . 5,921 VACANT 5,257 1 5,257 BUILDING SUMMARY O GROSS FLOOR AREA 4,398 14,166 17,741 1$,546 14,923 14,909 10,701 0 92,366 RESIDENTIAL 0 1,562 11,110 11,309 14,923 14,909 10,701 0 64,514 COMMERCIAL SERVICES 4,164 1,311 1,374 698 0 0 0 0 7,537 RETAIL 6 RESTAURANT 0 0 0 3,549 0 0 0 0 3,549 SKI RELATED FACILITIES 0 5,608 0 0 0 0 0 0 5,608 COMMUNITY FACILITIES 1 236 5.687 5,257 0 0 0 0 0 1 11.170 W J MM wr U Dm 00 SNOWMASS BASE VILLAGE,SNOWMASS,COLORADO BUILDING 8 DEVELOPMENT STATISTICS 1008 PROPOSED MINOR PUD AMENDMENT OCCUPANCY Unit TWO Unite PJ P-2 P-1 Village 2nd Floor 3rd Floor 4th Floor Total Units Unit Area Total Area U.E. STUDIO UNIT A-1 EH 1 1 529 529 STUDIO UNIT A-2 EH 1 1 1 1 1 1 587 1 587 Employee Housing Subtotal It Units/Floor 0 2 0 0 0 0 0 2 529 Nat Area 0 1,116 0 0 0 0 0 1,116 ONEBEDROOM UNIT B-1 1 1 1 1,256 1 1,256 0.6000 ONEBEDROOM UNIT B4 1 1 1,256 1,256 0.6000 ONEBEDROOM UNIT B-1 1 1 1,256 1,256 0.6000 ONE BEDROOM UNIT B-1 1 1 1,256 1,256 0.6000 ONEBEDROOM UNIT B-1 1 1 1,256 1,256 0.6000 ONEBEDROOM UNIT B-1 1 1 1,256 1,256 0.6000 ONEBEDROOM UNIT B-1 7 1 1,256 1,256 0.6000 ONEBEDROOM UNIT B-2 1 1 1,023 1,023 0.5000 ONEBEDROOM UNIT B-2 1 1 1,022 1,022 0.5000 ONEBEDROOM UNIT B-3 1 1 1,000 1,000 0.5000 TWO BEDROOM UNIT B4 7 7 1,430 1,430 0.7000 TWO BEDROOM LOCK UNIT C-1 1 1 1,980 1,980 1.1500 TWO BEDROOM LOCK UNIT C-1 1 1 7,980 1,980 1.1500 TWO BEDROOM LOCK UNIT C-2 1 1 2,021 2,021 1.2500 TWO BEDROOM LOCK UNIT C-2 1 1 2.021 2,021 1.2500 TWO BEDROOM LOCK UNITC-3 1 1 1,679 1,679 0.8500 TWO BEDROOM LOCK UNIT C4 1 1 2,077 2,077 1.2500 TWO BEDROOM LOCK UNIT C-5 1 1 2,125 2,125 7.3500 TWO BEDROOM LOCK UNIT C-6 1 1 1,950 1,950 7.7500 THREE BEDROOM LOCK UNIT D-2 1 1 2,644 2,644 2.0000 THREE BEDROOM LOCK UNIT 0.2 1 1 2,644 2,644 2.0000 THREE BEDROOM LOCK UNIT 0-1 1 1 1 2,799 2,799 2.2500 THREE BEDROOM LOCK UNIT 0.1 1 1 2,811 2,811 2.5000 M FOUR BEDROOM TWO LOCK UNITE-1 LOWER 1 817 2,817 7.2500 e / FOUR BEDROOM TWO LOCK UNITE-1 LOWER 1 817 2.617 7.2500 FOUR BEDROOM TWO LOCK UNITE-1 UPPER 1 AgN,932 1,932 FOUR BEDROOM TWO LOCK UNITE-1 UPPER 1 932 7,932 r OTWO BEDROOM LOCK UNR E-2 LOWER 1 1 1,258 7,258 1.5500 TWO BEDROOM LOCK UNITE-2 UPPER 1 7 1,135 1 7,735 THREE BEDROOM 2 LOCK UNIT E-3 1 1 3,599 3,599 4.2500 7 Typical Residential Subtotal N Units/Floor 0 0 5 6 7 2 0 27 55,488 M Not Ams 0 0 9,183 9.960 13,146 13,171 10,028 0 55,486 44.8500 Z RESIDENTIAL SUMMARY 0 UNITS I FLOOR 0 2 5 6 7 7 2 0 29 56,017 N NET AREA 0 0 9,183 9,960 13,146 13,171 10,028 0 55,465 44.8500 D > SHARED AREA 0 1,661 2,052 1,345 1,651 1,641 1,899 0 10,249 D Employee lousing o 1116 o 0 0 0 0 0 1,116 Q_ Circulation 0 215 1,475 1,345 1,651 1,641 7,591 0 7,888 D Health Club 0 300 960 1 0 0 0 0 0 1,260 Zs M N Other-housekeeping 0 0 0 0 0 0 308 0 308 GROSS AREA a NET•SHARED 0 1,661 11,235 11,305 14,797 14,812 11,927 0 65,777 LOCKOFFS 3 3 4 4 5 19 RETAIL'&RESTAURANT'SUMMARY 737 0 0 7,549'0 0 0 0 3,882' N l I RETAIURESTAURANT SUBTOTAL 333 3,519 3,882 L-_ 7 COMMERCIAL SERVICES SUMMARY _ 6,506 7,105 457 519 0 0 0 0 10,457 r BACK OF HOUSE 2,400 902 3,302 Z OBEY 2,136 2.136 ELEVATOR LOBBYISTAIR CORES 1,018 445 457 518 2,439 O ELEVATOR 282 282 T LUGGAGE 254 254 V CORRIDOR 416 1,758 2,174 STORAGE 6 HOTEL KITCHEN 0 C SKI RELATED.FACILITIES SUMMARY 0 5,210 0 0 0 0 0 0 5,210 FUTURE CLUB AND LOCKER _I 5,210 0 I I S,210 COMMUNITYFACILRIES-SUMMARY 234 5,395 4,794'0 0 0 0 0 10,423 D UN-ENTITLED SPACE 0 4,799 4.794 CLINIC 234 5,395 5.629 BUILDING SUMMARY3: GROSS FLOOR AREA 7,073 15,371 16,486 15,373 14,797 14,812 11,927 0 95,839 M RESIDENTIAL 0 1,661 11,235 11,305 14,797 14,812 11,927 0 6S,737 Z COMMERCIAL SERVICES 6,506 3,105 457 519 0 0 0 0 10,587 RETAIL 5 RESTAURANT 333 0 0 3,549 0 0 0 0 3,882 SKI RELATED FACILITIES 0 5,210 0 0 0 0 0 0 5,210 COMMUNITY FACILITIES 234 5,395 4,794 0 0 0 0 0 10,423 M mom Z WHW& SQU M FOOTAGES SHOWN FOR ANA . MOD. DRAFT L0. 0 OR & W NOT a AF° R: OVED IN R. O. D. a& OR REFERE NC• E ON Y) COUNTS O• 10104 PUD PROPOSED. Y • C•rE UNITiSBuilding 8 1 32 1 27 27 1 27 1 0 LOCK- OFFS Building 8 1 20 1 17 17 19 2 K, EYjSBuilding 8 1 52 1 45 45 46 1 FURNISHED SLEEPING AREA Building 8 1 53 1 52 1 52 1 53 1 UNIT COMPARISON MIX10104 PUD ADMIN. MOD. ROD # 8 PROPOSED UARIANC Av . SF of units Av . SF I go TO nits Av . SF of units Av . SF of units 0 Avg9M Employee 1, 000 1 1, 000 1 1, 000 1 558 2 442 Studio 740 3 0 0 0 0 1 Bedroom 822 8 1, 215 11 1, 190 10 1, 190 10 25 2 Bedroom 2, 182 21 1, 905 9 1, 974 10 1, 974 10 69 3 Bedroom 0 2, 976 5 2, 906 5 2, 906 5 1 70 4 Bedroom 0 4, 360 2 4, 752 2 4, 752 1 2 1 392 i111 UNIT MATRIX - COMPARISON rRELATED rA 0-9 MR WESTPAC SNOWMASS BASE VILLAGE s minor Building s Amendment November18, 2008 1 60000• "• 0 `• RETAINING WALL PEI A 1 Service i ReW& Restmarant Sid Related FacilitiesCortrruarayFacifines D 6ccnrsions f-- i d Residential I M LEEL P3 FLOOR PLAN Q a V StiId10 0 = 1 Bedroom 2 Bedroom 3 Bedroom O = 4 BedroomLock- off 11 LEVEL P3 - A2. 1 . 2 - PUD rRELATEDES TPAC n .: Minor - . Amend ment, November ] 8. 2008 1 BLACK NOTES REFER TO EXHIBIT ` C' NOTICE OF 1 DECISION, ADMINISTRATIVE MODIFICATION # 8 1 16 a 1 x i n H 1 o zR0 Service a X rn Red& Resraurenr a n we -- a 1 SldReleoe' FecOes v t I i /, 0 s M CL Pasdordw LEVEL P9 FLOOR PLAN 1 Bedroom is rW.. y O = 2 Bedroom O = 3 Bedroom 4 Bedroom a Lock- oft a 11111 N11111111111IN111111111111111II111111u111102° 4 f0 409 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121 . 00 0 e• 00 q LEVEL P3 - A2. 1 . 1 - R. O. D. # 8 r RELATED r WESTPAC Minor PUE) Amendment I November 18. 2008 EU BOBBL11) NOTES REFER TO CHANGES SUBMITTED ROUGH ADMIN. MOD. DRAFT R. O. D. # 31 PENDING APPROVAL. ( FOR REFERENCE ONLY) lenn cnel 7 O 4vn o o o Ly OD 0, 10 owx Fnsto. II I it y f o 0 0 11. , 3 r o cis s x o o I+ 4` o f. t '+ i w0 0 X) 1' ` z" 1 5 CD x L r. wu> oCn i UJ e jjj J N Z 4-k H Service i a i '\. `+ Remm Ptestaurart e LU Sid Related Facdroes Q 1 y CommmkyFacdities 040 Exckrsons t ResidentialStudio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom ba nwE- ua Lock- off LEWa P3 rsml oon... z J0 LEVEL P3 FLOOR PLAN C\ P U" zvt l - r-£ A2. 1 . 1 1 LEVEL P3 - A2. 1 . 1 - ADMIN. MOD. / DRAFT R . O. D. # 31 rRELATEDW E S T P A C SNOWMASS BASE VILLAGE Building ' minor PLID Amendment 2008 1 RETAINING WALL \ tennlnul z b O o . PI. Q V Q R^L' D E4SiON Y a w t O i. O a r j O j z < yze f'` o O LL] J Z 0 ServiceRetail& Restaurarr ay e a L1J Ski Related Facilities Cornm nityFacitiaes x 1 \ f FXCl15KK75 i . 1 l Residential t Studio 1 Bedroom i vm 2 Bedroom xrxws Q = 3 Bedroom, y 4 Bedroom i OR i Lock- off LO M LEVEL P3 FLOOR PLAN m nn waxl IN- A2. 1 . 1 rLEVEL P3 - A2. 1 . 1 - PROPOSED RELATED W E S T P A C Minor PUD • - ndment November 18, 2008 mm aa000 1 11 u1 9 9 $ 3 Dm n Civ H i fl I f\ t. z IN i q of 14ia • A l.pE ! 7' 0E { c\ . y r vff yy i I fill I , , tpp w. a s• a Ei y"a a A i i RE +l ! i ! o @ E i its as6 Rs r i E:` i "Ma E 1 p ip I piE , Se o i aifi l a !! . ga•E .E 7': a p iQ p p•@I ;d.pl R p Y!E lac pA; si p • g,@ I!i li N PS 6's ywlagi z!E!{ SRS i! E eAi i t 04 itl pia $' • a dE aa! sE E E x BUILDING 8 r C BASE VILLAGE 0 SNOWMASS, COLORADO 9 1 520498 2oriI 1111111111111111111I1111N1111141111I111N11111 004020 0000034A p4I"EKVOSCAUDIL' pI1KINCOUN7YCOR12 N EXHIBIT "C(' Q NoticeofDecisioni2iN PicpningDirectorAdministrativeModification#8 w ` Pa LU 00 0 -4t wZ UO OQ ZU_ UF) N \ h>ryY>h RM Iit. n z cga gin I I r id-- a - e ra a6 I IF ;. ' ifs Ir V U Ee to IIIIII1II oa000 ® I I 00 WQ QF- U) WW 0 -, MwMMMMMMMMM 00 Ee to IIIIII1II oa000 ® I I 00 WQ QF- U) WW 0 -, MwMMMMMMMMM RED BUBBLED NOTES REFER TO CHANGES SUBMITTED THROUGH ADMIN. MOD. DRAFT R. O. D. # 31 PENDING APPROVAL. ( FOR REFERENCE ONLY) J 6 :. C, LINIC G EHU_ B. O. H. i f ServiceRetail& Restarrat C) Sid Related Facioes 0 Comminay Faeroes MOUNTAIN 1 Excimons CLUB Residerval 1 Studio 5 p = 1 Bedroom 2 Bedroom O = 3 Bedroom 1 4 BedroomLock- off e 1 7 11 LEVEL P2 - A2. 1 . 2 - ADMIN. MOD. / DRAFT R. O . D. # 31 1 rwESAPA c RETAINING W d, BELOW X* E T o EHU G EHU B. O. H; CLINIC servicePetal& Restaurant Ski Related FaciaesCorrmndyFaciues MOUNTAIN Exclusou CLUB Residential i Studio t Bedroom 2 Bedroom Q = 3 Bedroom O = 4 Bedroom r Lock- off LEVEL P2 - A2. 1 . 2 - PROPOSED rRELATEDW E S T P A C SE VILLAGE ! Building 8 Minor PUD Amendment November 18, 2008 1 1 1 1 r ! N All fl go I C 3 D r— dip D C • , v' Iii. C V F CD _. O OD 6 Q. 7 M r O O I llllllllllllllillll11111152 0490 IIllulllllulllllllCe ITtNtG1MVCOR121 99200 ;m 340 NQ IPNIGE fCL EXHIBIT "C" i ; iJ • NoticeofDecisionaitls ss PlanningDlroctorAdinieMOditmdon Pap2o12)y CN I1 s r1;11111113Q"f M' tt •. M` I,Ipd1i! d1i1E'9i EC, 'i [rill, U0® 0 ® 00000 o6 v Or r3 a gymI g Aill U i LL Ca UI U0 I j oQ I zUI U- 0 m2 Xj ui — F— OQ 7+- ofF- 00 LLZ F- LU W — EQ C EE s1 n01 j ° 1111wW Qw rTR Ff) 80HPt u NOTES CHANGES SUBMITTED ROUGH ADMIN. MOD. DRAFT R. O. D. # 31 PENDING APPROVAL. ( FOR REFERENCE ONLY) 0 o F 0 u C C 1! fir i r a ' a f 10 M1 4 a Egli r, V: Cn 11 rirrr LLI Flu 1 LLJ ServiceSid ReWed Fackes SPACE PER R. O. D. # 8 Comrrwity i \ • i y.•. ExckisiorisResiderital 0 swoo G)_ LE 1?,, Pl FLOQ= T 1 Bedroom Mx 2 Bedroom 3 Bedroom 4 Bedroom i Loa- off p p LEVEL Pi FLOOR LEVEL Pl A2. 1 . 3 ADMIN . MOD. DRAFT rRELATED pas SNOWMASS BASE VILLAGE Building 8 21 Minor PUD Amendment November 18. 2008 1 1 1 1 I t Q a r l/ 1 I t9 p Gem IP T l C Orr Zoo G/ K. QCD g OD Oco O 5 r LC to Sw* e 0. • y'y is i /• - . 0 e 3`\ .` s., p, V v :: . o O 3• e ' • w './,, .. i s cam; o 1 Related Slo CammunityFacilibes 7' ExclusionsI Bedroom Studio 2 Bedroom 3 Bedroom 4 Bedroom o si 1 p w: uo. r. ui iiu i iv i ti cuo z i roc3eu^-. v: u r. VILLAGE A2. 1 . 5 PUD rRELATED SNOWMASS BASE VILLAGE Building 8 WESTPAC inor PUD Amendment November 18. 2008 ExhibitA NoticeofDecision PlanningDirectorAdministrativeModification #B Page10of14) LU 1iI` a r' r t01!• tS.r •mil f 1, let OWN IF v C \ aV, 7 O CzV LL00 O *# wZ1 U0 O U ..• '% L O m :E w X OQ 1— U- z LU S 0 wQ 0z z0 YNUUQwm0 X0 • ri F cam 4 1 6 U Ir 4 IIIIIIIIIIII 00 it 0 I d' N Q I J W tLl J LLJ Q J_ C) C) WQ Fa QF- J (n WW IIIINIIIIIIIIIIIIINIIIIIIIIIIIIEllIINIIIIIIIIirr 7UlLIl 4 IIIIIIIIIIII 00 it 0 I d' N Q I J W tLl J LLJ Q J_ C) C) WQ Fa QF- J (n WW IIIINIIIIIIIIIIIIINIIIIIIIIIIIIEllIINIIIIIIIIirr A7UlLIl cc EM 4 IIIIIIIIIIII 00 it 0 I d' N Q I J W tLl J LLJ Q J_ C) C) WQ Fa QF- J (n WW IIIINIIIIIIIIIIIIINIIIIIIIIIIIIEllIINIIIIIIIIirr RED BUBBLED NOTES REFER TO CHANGES SUBMITTED APPROVAL. THROUGH ADMIN. MOD. DRAFT R. O. D. # 31 PENDING RFFFRENCE ONLY) o o o o aurant3549 SF 504 SF from R. O. D. y ' eta. ua, TM cp uj ServiceSki Related FacilitiesCommuniWFacities C- 5 i Residential O 1 Bedroom 12 2 Bedroom 3 BedroomBedroomLock- off O 0 FLMRPLM I rRELATED SNOWMASS BASE VILLAGE Building 8 25 Minor PUD AmencmeN November 18, C. 3 WII IYSL may\ 4 R ruir i y/ i D4ll f4 err TT o, Restaurant x 0 O U) 3549 SF 504 SF from O NO R. O. D. # 8) Q 0 wCD 0 o y Cn i oj` D- 2 f L r ' J v`i'i W °F— Service B- J y Retail& Restaurarx W lot S16 Related Facilitiesaies o.. , Comm ntyFaciities C- 5 C_ 3 f F- G Exclusions y\. i Mill Residential w RELATE O = Studio VIE LEVEL FLOOR PLAN 1 Bedroom ru, r...• uss enr u oao m O o =$, ICIO v 2 Bedroom O-, aeoraom wsw• r•+ aaos 3 Bedroom 1. : z M soadow si 4 BedroomLock- off YUJIGE UM nee au®[A2. 1 . 4 VILLAGE LEVEL - A2. 1 . 4 - PROPOSED Minor PUD Amenomert I November 18. 2008 o o 1 V- ial ON] Sir ServiceSIQ Related n O ra ss vp II C1^• Y_ rw' a • YYi r 7 a, IPI- ip• 11/ w9i. V• 1 P Residential D? Nn LVVEL FLOOR ' BedroomBedroomBedrooma. a. SECOND PUD MOM r RELATED. W EST PAC NA SNOWMASS BASE VILLAGE Building 8 minor PUD Amendment November t8, 2008 LL0 Ozm- wZ U0 OQ z U ` L- p O m w X w — OQ rn/ LuLL- z w n ujQ OZ z0 N Qw mo Exhibit "A" NoticeofDecision PlanningDirectorAdministrativeModification08 Page11of14) Fj O E N19 NN7QJ CD 0 O i N Q J W W J r) Z O U U.1 QU wa. JU) WW Ir3 r ROUGH i PENDING O r 0 4 ry A pp PPROVAL. ( FOR REFERENCE ONLY) CD Cf) lam F. Y co Lu 5 co ServiceRmWemwart i i^ i fit• i n af - r— O ui Sid Related Facilities u. JIV 3l i• Residential v+ anr65 SECOND LEVEL FLOOR Bedroom O w Bedroom1 o•Bedroom BE LEVE 1 rRELATED AWN SECOND LEVEL - A2. 1 . 5 - ADMIN . MOD. DRAFT R. O. D. # 31 SNOWMASS BASE VILLAGE• Building 8 29 Minor PUD Amendment November 18. 2008 y D p LULU© y 1vAAJv Ait. 1' 1I 11, q, 01 iy 1% Q' co Service f- I iii j F Q K I' r .. . mss r. Sic Related Facibes l ReWervial I I_ Studio PLAN BedroomBedroomBedroom llll. Bedroom q.. 1 RELATED r WESTPAC SECOND LEVEL A2. 1 . 5 PROPOSED WIN SNOWMASS BASE VILLAGE Building 8 nor PUD Amendment November 18. 2008 mm aoaoo 1111 D Dm g 00 I I 1 r i 1..1..4i1J 1 I 0 II Rn / CA 6 r rn fCTI ell N V BLACK NOTES EXHIBIT ' C' NOTICE • DECISION, ADMINISTRATIVE MODIFICATION S; 0 O LOWER 0 s J'p. I/ ice••. ,! Pi B- 1 swice I a-_ '( ia. LS fI _ . l.- m91 `. '• i`` •` os . I Cr Shift.. r. 17- 1 2 Bedroom 3 Bedroom O Lock- off F- 1= 4 Bedroom THIRD i r RELATED AMP SNOWMASS BASE VILLAGE Building 8 32 WESTPAC Minor PUD Amendment November 18. 200b LOWER g ] r: f E- 2 r I iy LOW R ServiceRetail& Restaurant Ey 00 , Ski Related Facilities ll" SJ I J Comawity FaciliI O C- 2 111ii ExclusionsResidentialStudio f 1 Bedroom i n+ - w ri w w t G0, 1:? LEVEL FLOOR PLAN Q = 2 Bedroom 3 Bedroom 4 BedroomLock- off 1t THIRD LEVEL A2. 1 . 6 - PROPOSED RELATEDWEST PAC SNOWMASS BASE VILLAGE Building 8 NA Minor PUD Amendment November RED BUBBLED NOTES REFER TO CHANGES SUBMITTED THROUGH ADMIN. MOD. DRAFT R. O. D. # 31 PENDING APPROVAL. ( FOR REFERENCE ONLY) fie LOWER ff 1r; LOW R 0 f_ A_ rl Service a Retail& Restaurarx Ski Related Faciaes LAM i a CorrywityFaciUrs d r C- 2 C- 1. rtl ExckisionsResidentialstudio O = t Bedroom t THIRD LEVEL FLOOR PLAN my- r I 2 Bedroom O = 3 Bedroom 4 BedroomLock- off tt THIRD LEVEL - A2. 1 . 6 - ADMIN. MOD. ! DRAFT R. O. D. # 31 rRELATED BASE VILLAGE Building 8 Amendment WESTPAC 0• 11 S kill ".• \ J t K- K ServiceRetail& Restaurant Ski Related Faciues Cor mn ty Faciues On p- 6cclusioru X Resideroai it I Studio 1 Bedroom 0! L 1 1 LEVEL f' i00R PLMI 2 Bedroom 3 Bedroom 4 BedroomLock- off 1 r0 RELATED FOURTH LEVEL - A2. 1 . 8 - PUD W E S T P A C Building ' Minor PUD Amendment November ••• BLACK NOTES REFER TO EXHIBIT ' C' NOTICE OF fJ DECISION, ADMINISTRATIVE MODIFICATION #$ _ i,. E- 10. i ' J 15. zO a Cl) RelaiErReseaurer[ M y r _ y 1" i 3 0, Related fesi6e4 T coo. nnityFacibes B- 5 D t y E- 3 0no Residmtia, Q = sawdio N KM, BEVEL FL i t Bedroom 47H OOR II z m 3 Beedroodroo AS SUBMITTED] m f 4 BedroomLock- off i FOURTH LEVEL - A2. 1 . 7 - R. O. D. # 8 rM RELATED BASE minor PLID' WESTPAC Amendment 008 I RED Y NOTES REFER TO CHANGES SUBMITTED ROUGH ADMIN. MOD. DRAFT R. O. D. # 31 PENDING APPROVAL. ( FOR REFERENCE ONLY) A O O from O Shared Area E cf) F180 SF from 293 SF from CIO R R J r; LLI •Cc C6 Lu f . 1\ YJC J on Service I l Sid Mated Facities J- 3 7 CanTunityFacktiesExclusays 7 Residential 17- 11 - 1 Bedroom R R R BMroomBedroom 4 Bedroom FOURTH LEVEL A2. 1 . 7 ADMIN . R. O . D. rRELATED W. SNOWMASS BASE VILLAGE suilding 8 r r PUD Amendment November 18, 2008 l o 0 0 Q5. ;> l SF from Q fj R. O. D. • : Shared o c c 180+ I,• Rb. D. zj C3 uj Co F f / . 1 o ail; j LIJ • co co Service p F- O I J . ra. IJ. I• . y Lu CommunityFacifies Iii` Exclusois I r- i Sllr 111Y• Yr:t O • PILMN Bedroom T © w BedroomBedroomLock- offrRELATED IFF FOURTH LEVEL - A2. 1 . 7 - PROPOSED SNOWMASS BASE VILLAGE Building 8 3s WESTPAC Minor PUD Amendment November 18. 2008 m 171 wr Dm 00 rTr A I i I f Iz e 6a a D O B Q19, eae• 9$ a, e D N I To BUILDING 8 a t` l q 5 BASE VILLAGE SNOWMASS,COLORADO C noC B BB NOTES REFER TO CHANGE= S SUBMITTED TH.: W UGH AID MIN. MOD. DRAFT R. O. I . 31 FENDD IN Q APPROVAL. ( FOR R EFERENC« E ONLY) F/ D 8476'- 2";' A 76'- 2,..\ d s., : r, p r P J c6 j / y' m 1 B. 8481 '- "'" wLU o"\ N r E. 490'- 2". r p b LU E s'/ ROOF PLAN CCCYYY i mm® as rtr. n, m gnrA- avm Om uw¢ ue m vmsv eoa. o-n F mefgpFHAN4MF. R. f4 A2. 1 . 8 ROOF PLAN - A2. 1 . 8A - ADMIN. MOD. / DRAFT R. O. D. # 31 rRELATEW D SNOWMASS BASE Minor PUD Amencmem November 18, 2008 ROOF ELEVATION CHANGE FROM THE PUD p G + 5. 08 U:) D 84X6. 08'" A 76. 08 d . p W C. 8 81 . 0E ` I B. 8481 . 0 : 4, \ w c 1 G. I -- I I Z Z Q o m LU N iy EA4510. 16'' LU E ROOF PLAN CT HEIGHT VARIANCES Y 1 A. 1. 08 INCREASE ( 0. 08 OVER THE PERMITED AD MOD VARIANCE) F. 8481 . b8 B. 5. 08' INCREASE ( 4. 08' OVER THE PERMITED AD MOD VARIANCE) s wr mvmu m[ r me 1 A2. 1 . 8 ROOF PLAN - A2. 1 . 8 - PROPOSED MRELATEDWE STPAC J e L J Minor - . 00 r. Ml z G e O Il r.= 11 II; n? pi c,• O \ / i'; e, 1 O lol. _ i" N Iy III\ li Iril 61111 r. IN 11 ill 11 II INrll R- 510 lk ` 1' I IILI I 1 1111 1111 1111111 55 1 I ' \ I rl 1 I fI I I I_ I ITI i III . 1 In _ I L I III 191101717, :; I I I Ig;! I III 11' IL111111.1 I Il;p ll ;: I rll : I: I I j j IL; II; II I i I rr I I il' I il iil • 1- i' l it Eril, i gill 1, IN fill aI' I I 1 r r-i IUII I;i: Ir 1'I nfil al iil ' I'. II„ III'. II Iliirir tcl' rO t•"' 1 il: il:! III_ Ip l ills. I1 1 N iil li rtl I11 11 it _ 1 WW I I I IIi; 11 .+ L-51 III III Ij IF11 - I I hI L, lill:. r. Ld: a6. a, II;_-- I I UpI P. r , I f I I r I z i°° IIIa:. 6. Iii lm i „ Ire ) I I CHAMM ON MEMO MAMAMWE am ?- R- ODE 4 r O SNOWMASS BASE VILLAGE Building 8 42 Minor PUD Amendment Novemoer i8, 2 U3 MOM F i plm otrp=ill[I:rz-,; 0 Page: 132 o11111111111111HIM111111111111111111111111111111111IN02102/ 20081 03409Dq JANICEKVOSCAUDILLPITKINCOUNTYCOR122.00a0.00 V)qq CO cd 0Z O Lu SQ CIO 0 Z V) 19 @MOW@ MOM Q M BOO CHAMM 9 D MEMM ADM. HM. DQGR 02.( D. D. ft PC OD o o o m APpQ WAL o ° CIE O G' ," lily IJ/ JII, IIOlIi1111, 1=1 a 11111/ 1 k ON 1 J 11111 LII Ipll;, i;_ I III Gill I II" III i= 1= 1P V ll`' , MI L a' IIUI 1 1-1 11 11 ' 11 I II I1111 - I, II IIa y I II 11= IMI _ d r- Ga o u u I, C o a 11 ne HIM I I II IIII— Ir I II I, ' ll I 11 i1 1 ! 11 jg Irll , 111 IMP Ilr11 10 ' t' mom ! 1 1 a1I pll I I ' IIII. III loll 1. 11 1II'" 11j il'... II. I I o 11111 IIV tYE 111/ 1 IIIII III1: 1: III II II M I 1 !— i. l I' dd - 11 11 . n , 111 ls• I , 1I I I Il, IIII Il1.-- i t 1 111 11I II I 111 1 N I 11 III II IIIIIIIIUIII111111 I ilil. 11` iII; III Iii:, llll. l'i' 11,r!;""( _ 3•j i:7 k:, lir— I? iii: ' Fl liii13.. 1 I ., I I I _ I I llq I1/, IIa II , f : I II ISM II• I_ ., I,: I I° Q ° I` IIII I - 1 _ 1 _ I a Ills dk l'= irliili:- r- ii r - ' 1• k Illi; l I 11 • SNOWMASS BASE VILLAGE Building 8 44 Minor PUD Amendment November 18. 2008 1 Q 0O Q O ZS 1 il_a o I I III I Pp I! y`I11 ;II Ev, I,Iill.l SZl ll ljflii ,i ' III° ILL. I I -_i lll it !N.1 1"I Ihjljll•Illqi 1 o•Ilj!!fl,.Ilj!Ilill I fl1'I j1 111 h YI l 'I •1_;NI M I[11jII 111 111 II IIII,IIIIII II'IIli11'1!.1:evu I '. FI II I.lllll IIIhI'r Mill,Iii IL I IS I I ,ICI h I'II A li lll 11 I I II I II P ('7 I ..' -I• •, JII I' (I'll' IIII it F,I IIII• _. I, tl IIII II!L. lPll•I_..'' IJ . III..I°III..Ih.,;:III'I .v • II I liTil! 1 i• IIIllnn 'tl• Ll I II'i'li i j'! '^ I•vi3i••'o(°"ss IJU IY r ILI.II-I'-' 1III1 Illa;illj11II1,iIiG rll'l'llll s^ I I 1i 11I I rte' 9 1 1! I n, II!— i LJlii I pllliil II I MII M,I / 1 91P•.• I\ I'I IYI'I j j 111 I I IIII/ III ' I I i ul .I tll ill 1 tl i Z 111 I k@] fI I i ' lllli IlIl11 III IIIIIivjl ' _ III I IIIIII IIII{1111 I Ili, IIL I •I •I OR li-IIII , LI Pi ry I = I IIII'•;, I'i C 1j,l 11' I ' I ' u J i I --`—•I IIII dlll il illl l''l II1 5 G I I Ih'y141 II mod,. - . . JJ I III(IIIIII i4 ill,lhill'I dllil'"yli u i 7)!',' JI •II hn .vu a , yl IIII 1 _. III-111111)111 e. II II J I'YII 14I IIII FIh-I 1111(( 1 I . Jrdl' ,IIV ou .ON, - •'.iN II'- I'-I1 I' I"•• ^I' °o''II r llII I I Ir 1111 ill'i l}IIII i 91 'I I . ,• IIIIII iyn 4 1I iAl} u`,Ir' 1illlitlLn III yLr,a Imo..•III^I `II1f>Mill II ,I . illi ill Il Intl I!rl M Ile..p,ps IIIIII 1'` ll h ,°rn I I I .,I P••1n, I I.I i Ili rau.lsec l I ti. sow Z1yw3n r=F:J 1'll=':; 1 11 11 11 III .. 3$ tly gppIIIIil '.^9' EIIII° II•. / IYIIflit!111111 IIII I11 G Imo_ P,Iri I 1-- IF Ildl,III'1 tl°II'111.I II II I III U 1,11111'!1111.1 IIIIi 1 li 111mJjl l 111 rn SIB II'I MII'I I'il!II'fl'+IIII' llll'' 4 1a{illLlii',,jll ll'lul II,i"i;!II'gli;il,ill I !jj nlill i:'Irl Ali`21111 Z I•I!I^I III 11 lil Illiu Ei0WI11111!1 IIII III li° hr, rlGCIowII1I'll'li!I'fll III'lliillllllp . Ilildnp,ll n I'I II,I1 1,1 I,,n1IIlIl11'lillltlll'jEELCT co II II!II!II!Ilrl I}1111,'.}ql, r.. III/11 JI191I!'fl,llld.,l i.III 111 I IIII I lilulpil w ( 0 I = l 1 CI I 01,1 P u O i ILI hl ,Ir c I . f 4> I A I • k 1 Y I MQo 11 D 1 11 ft fl di• 111111 Ili lu, ua < j, 1IL I1111'/ _\_ ,; 1, i,1- 111 i1 L,, a n L. t ) ) I, 1 FT-11 111' 11. 11 1111 11. 111 iii l I II 11I Y . II 11 III 11 11 11 11 11 11 I , I{ T_ ICI I li I. L _ ,, I I i tI. P Me I(•, F. t! !, u u r u l'1. Il> fE R C) ilir , i 11111 larlll _::_ ; Ilni 1111 TM rl! 11 ,,_ I 11 Ail `- J – yam o I ; IIG• II Illii iill rin ) > rrfr li I 9-•- I 1 t d 1'f 1 E C_ L'_ C_[ Lon Inpll l> L> C> I? P II'y• i IILIII IIQi 1 III 11 ; i f— 1. 1- IIII VIII IIIv IIIII III LI I` I I), II I 1 .1 1I1 Tl I,. 1 11. E o Mo. uu p[>' 7f >[> 111 ilyil C> C a2 I IIII"'" i IIIIII IIIIII IIIIII I 6 I I' IIII 11; III I i11 l lllll+III 111111 iul6 111 1 1. 11 I- F' t r1 I Z7 j- m a o 6111' 11JI Ipi 1 1111 ICI n11 LI - 1 -. i111 IIIII 11 11 i - 51, IIII Illy I- 1 II, _. LI, I i• IIG.... n14_• I : iJ ' r. l 6WD MEM mom CRWM 40 mmm CHAMM ON NOWOM a' oWM oa paw SNOWMASS BASE VILLAGE Building 8 46 t.' iinor ° UD Amendmeni November 18. 2008 mill MINE MMISM— ' RR als=— ', Am, iGGeeeids IiiRom juLIZ 7-1 iiw DOME. I I: ael h. i 10 200 0 coO CO 0) .6 W^ -E ca) E J LU too) co V) CN 0 z tn Qffp @W9 @a@ @UM DG D W@D° DD Q°G R Q. O.D. OR D o0AM I, ellll, 1111 9 I3lil! IiII-- ff'' IIIIIII a_ Flow sii IiHf 7 17 A81 rl VIII' r o HA ul—. r 11 11 n id Ei+ i! II 1 ll'- F> ! 7 I'— I lollll 11111 IIII 11111 I I ., I1i1111IGd S- I] i II iE% tz'I I111111! 7 7t IiAd A7 a iiij ' obi PS o f! ETri': Ixi..-. l II i III IIiI I'. i III III lllli • 1 1 s i1I I11 C. II IIIII III IIIIIIIIIIIII I MIN lllllllulllll _ xCo 1,¢ a[a _ 0 ' SG_ 17^': rq, a c ch IAbEd s._ Jw:£` 0A5911 i1d' f:1 SL'< dGA % u ' i 11 f! gH7 e o 0 o eE UD1 If Iceeel ielil ieel [ I 6. 1i1 1I, 1, 11 IIII III QIfll lle ., 0 0 0 0 ' i9 luIQIr1I C 1111,AUl .,: A; IIIm1111aTI711l I nn. I - - xw 1 r 2. . w.' to _ Lem m£ ° 3- n'• i:`y`- a.` I'Tli m AA] AAi1 1} HiGH y IAEHH`" ff 111, I IIIII Ie_ I IIII® Ifil lield i"C. tiIII I! ll+ k II II 111 ,,, ew. ,.,,,,,.. 5—, eu ! I ! lu 01 1111 11!1 I x . wsr,: _, , c° i< v-O- aNll°`- 019F1 PqH iF. 61 ° c, c- =_ o r ez ' MINE ol. mi u,=•; lira aar ulf leer -= r le• we• n c%' a caa21w an - a m f o m III' 11 m • at a 1 R' IH0c1 RI(. 110. 11! 1 m° o ____ i ', 1: 0111169131Idillifl' I 1 c_• Y 11 I ii iiii ii • L II! Ihl lll ll a%= 1; iIi. 1e1; i,_ 3_° mow.°- ice`` = 1 11 7G1 itl i ' 81iiF u" `._ _ ' vlll vh l! ."• I!* ' "! 11 111 •" 11. 111 Ii.• I ail! 111g11iV iluti ` III'- lil, uunl€ I00— I"`.-= 1 ulr -, ra 11.'. y+o,, IL. A'- C.:£ d i'y L9 ar--• c 1ld. ii1i: 101lj1;• 7i9 . w I. I. I ' rtJly FlliPilal ll1`, ~ r:: 41i i11 „ I IIIII O G3 D CAD fYJOO 4l Q[ 3 O Oo NJru lr(`J D CHAN= ON Wffizm NAMUNE OM PGJC& aI O 6 ' • 2 0' • SNOWMASS BASE VILLAGE Building 8 48 M nor PUD Amendment t November 18, 2008 4 v 1 : 1 0• ti o _11 0 i;, t II II1•l \o III1111'PI tl II 1 rwl ul I I r„ I 11 IIIIII II 11 51 e 1 n'IpV n, l.11 n'Cpl rl 1 nn f ltsfrdnyp \ I O I I II 1 1 I tll ' I Ilacl I 111 illi lil l Il llfi'llf'IIIIIiinlOIIIIIln1111I 1 \,GI . I . ;-I I rIIII III 11111 jll III jl I: I J II III }I Z I,I Ipl II iui 11 nl II II _I III 1 ' Ilt°illzit IV I IIII 111 1 'f I , ! v l l I1I III 1 I IIr I 1 rI I 11' 11 lull Irl l Ilacl I I Ili l i 17 ! rar ' I a I I PI I • .._fl I7. I - rIl 1 Irl IIII II LrLII iII 1 it I i t r i r O Il ll,illl l',I''I I ,III I I IIIrYiil ai b Rt4ilIrCl:I II1 II I lul l I. I' ILIIIIdr'IIIIIn' Plr 1.101 'I 1111 II I II IIIIII 'I'lll II'IIIIh/:wsrral wwll r rl .. rloi IIIA II,III IIII III i rip,IIIII'I II I 1 •.II I I ' II 1 1 I '.III I II I 1 II I I 1n'll II IIA III, I!I n'luIr r n 1111 I . II 111'111 Ir11 lI . r• C I il 1=,e Fi—WOI;1, n I1-16SL 111 I II ' IIII 'lll { ,1111 _ ; i• I H Ivnmec.$tru.- vpceas III AI q' ''I rl'111114°.Et9 IIII11111L1I iilllllli Y' li, InI l I I— IIII I I I I I - IIII III Itll ( IIII _ ' . -IIII I III'n1il.II asx.o Ilul!II Ilpll 11 I'I _ l'il!Illnl'llllll I ••-1I' I;' I! _IIII 1ill' i il. I — I, ,,11111'1 VII1 Ilf it llf `illl l !! NEI I,w1I, mm_IItl'il'lltl ii IIII It ll O n " Ill ltll II 11 1'10 I III IIII I'I lll •III '. r 1 111;:1111 I I O I u .... I r...... I Ir rIIIritI. rz 111 rvl E Y.. 1 IIII 1„ill ijl,Ili 1 .Ion ta• I 1 III Q i,,illll II t II I rq l- \t l C 'rr I'nll 1411111 i! 11 1 2 I q ,r I in, II ,r'l r I r 1+11 I IIII IrIIIaIdI'11111 II t, 1- Imo_ 1 61111 I II II Ili O I rl I' IIIII II'r III ' • k fAwI' I1I1 I!I!lidIIV6!I'1II, D A EFCII q n H 7— II19!ri!IIII III i il°w?L tR r& 5i3YItStl NPdk& W C — I I, '! I, Ifi 'ae9io' I;Io1 h% i IrI III=, II ' G'1. 1 D L'•JII I, I I :; I'I i I a,l •:•4,I!Ilirll 1 1' I t^ f I film.,N I1 I 11 Il Ills tl lll!fII 1I'll11:vviitrtrnIII,. c I^:III III 0 1I I!i!II ' ilAl—; z I-BtIn, 91ll_ i 11 '• I 1 lob ^ I. fl'Iill:ild'd'll= Z At it C • o co W 19 8 u. J 11111 I 1 I I IIIIIIIIIIIIII I" " I "" IIIIIIIIIIIIIIIIII "" I" I° tl Il lli ! X11 11 U,. I 1 11 lul Ills I l _ i _ Illnl 11. 1 V InnlV ui l 1111 III II,; II I; 1 I; III I il III I I_ I 1111 - tin IF 111' , IIII IllW IIIOI iI/ IIIIIIIIIIIIIIII IIIII I\\ nI III II IIIa I, II,' I' II I 111, nu nuu unu uu ullau I 1. 11 1.. 1 • II f- r 1 3 I I M•. I. 5. A A A i. AII 11 li • 1r. i r iIII• I ! ': Iljll jj'' IL ` I 111 Irl / 11\ 4 III, _.- _' ul _ ^+ y I ' II_ IiIrnIII IIi 11 111 bill ! II, I , l '„ I/;;' sl I;;, II 11; 1G, IIIj 1 r 111 I'I 11 11 11 11 Iltii! i I11111 di; 5' I1.' - I' 1 I Il nl ll ` I/jj I - ' _ b'II III 111 IIII III Illl// i I 1 ' l • r iz OffO ISO o o 1T DIMMED Li1I' - la II _— _— _ -- _ I— _ MWOM Oa o ROM MA& PQMM OO a pAM SNOWMASS BASE VILLAGE Building 8 so Minor PUD „ men- ment November 18, 2008 wsss- r.... J 1:::% h 11Milo I illll I! n l. Yil_ II ` IIII VP [` III illtlltlll 111 1IL [` l I111 11 11 llll II I11 1L - IL q- I• 1 ii LA ! ft" mlltlirt 1[' i [: 1 I[[ I III, I„ II II L1 1 I II I IlI I e" I t .. 1-. I f, 41 Ir t- t h^ . tl9l'- o • I Ail 1B r 11_. I II of I d Ul ' iJlII I. 1 1 un11 n r u•I li . 1 Ir7 i! riG!' i 1!f . irl - 1_ 174 NI, n h :. r-.I r!• it IC. L1f++II. 7111 II IIpp,' i i I 111 1 ,;;- . 17,. 1' 11-' 7S ,' I 1I"= 1i il- =: I IA 1 a s IMP a - r- n,I 1: . 1 I! 7It — I lii i-I . 1. rtrr / 1II l1IpIII. Jl I.'- 1 1711711. 11, Ir IN 171 i}. i i!iii,: 1 • 71_ Illill u 11 I•....: I 1 I Iau Jul 111 _ VIII III, // fl - li / lt. I. I. L- 1,.- rII rl Irir LL. lil- . r ' il r1 irJ IIY III 11 11 - 11 11 N- // I • 11-: t_.' 1 ' 1 - . _+ I I Ii 11) i r •_ i., ll ii ii • ii i : ii ii i-- i = 1tll '' I hp D cc D SNOWMASS BASE VILLAGE Building 8 51 minor P Anercmen- November 18. 2008 62 DMM @aO mom NWM w CHAS gumwnw sodas Q s,, oadq ese ar I \ --_ ls1alfill517un i%I : I:, Id' I € a . 1 Rrrellll 11llllllll @IRIIII, CIEi I11 11 III- I IIrI_ I_ rI% i' lllillll 1 n u CERi CI rc Li C Ei rasa IIYu I.7! Cri£ I I I Culld' IrI Irrl Ht @J.I 3 ISE I Ili IcI dd I. I. EiI LJ IEiI I i.l II I II II IElllss 21. LI1[ II IIItIIG 3c ks •- II I nI I^. ar s rr -- re oo a -- ao MR ao! rid -_• t J® flyI mmlull! 1 C I T L M. F J c ^ uu L•tl RE a + 3 IJ¢ Pi I uv[ r sm•+ us u_• i• .. sl-- 1 . 11 . 7N . 1IG.' tI I •• . Is 1 Gcb. IT L LI i r I Jar k i'_ llllllll n! i' i i. ICI Ei Cl 1lII 7111. 11 1711 1C 7I f l! tt leI III I' I LI I[ 2E3£ ry Jr. 131 Sol BE Ls dr ds rQ s- _ i ICl Ei fCt ll r7, W.i. 7c1 9 Li Il..- ti I ° , J, II L. It ilfi to • Jx m pp 4 r . 3 r t I ii y I~ NINE Ir fG1J jd° 7 J EG7I c o 6:: ill, r• s 1EI JI! I_ _ I I ifEi CI ! 7 . I] N,. I acl LClEi !! Li —' a 2IIIII I Ic c I m..' I I— CQ— I. I-____ C! If =•, i1 C N! R I o N r l dir—'£-• LfL - SL a 1 u n G:- RIEi fIli Rlei I I G3C D G90 G3 40 C[ la® 1 -- -- - - CHAW- 49 ON DMOdOM HMc° AWE Oa PGY UP SNOWMASS BASE VILLAGE Buildin¢ 9 8 52- Minor PUD . Amencmen' November 18, 2008 O III Mfltl :M111 Il li'll i iLl Intl Y I f II' I`JIi°III ol 4 .lluovlill 1 xm Ml i — IMMffMX,1 Illrill. FEE ml II 1 I to IlIT, III II I/ Ilj e 1. II TI\7II .[r ll\rJ 'I.r. III oif!% ji--gil im P!;F-1251 Fr:T_' LP .11, All 11 w l MCI I........... 111lil vjjljlj1j mill mlg q II ' r Willl!l7 p I_,hi I.;'J 1!i! gwz-I P!lv M12 n' CA U Ili) ilfilill=21 I I-15 all, o rn II'll.I 1 "I ':ICI i l a.; l 0 Co 03 W 01 Jim Liz00 U WA_ Id II.I 4 m m PROPOSED vi UNIT E- 1 SECTION OUTLINED CHANGE W) UNIT E- 1 IIIIIIIIIII illll illllllllll I I ® I I I UNIT D- 1 i IIII1 IIIIIiIIIIIII IIIIVIIIII I x® r.® I© i! C RESTAURANT._- IRi9sn• -.. rI I% VILLAGE CC! C- 6 LOCKOFF PARKINGFRI UPI UNIT Illllllllll illllllill lil i IIilPlllll Illllllln IPII IIIIII illllll CC CC CC' s CC PARKING IIIIIIIIAIIIIIIIIIIII IIIIF m ELEVATOR_F32- 1 r-33- 1 WIN Efl CORRIDOR 11-A- II-.1= 11 IIhll=' llll- II_II- II-II- II-II- II-11- A=II- f-11- II-II- II- IKIbll- 11-II- 1 pIK11= 11=11= 11=11= 11=II- 11=11- 11=11- 11- 11=11= 11-11= 11= 11=11= DIO IIUII= II= I IIr I nUnnll n=11 U1 n°n° o=u° n°I° n° nail° Ir rTIn=. li=i i1= G1= 1I1= 1Rl l= l=1n-' I= 11i=1 l= li nli= ill= 1=11_- 1T uni 10 11= 1KIrl10.= U= IY u° utirlo= lrl1- 11° n Hlu nl= i=11° n= nn= ru= A= 1= i i T1= e=u= u=n= 11A1= u= fGn= Agn= n=n= n=n= x=u= 11= 14_ rn=: n=u= ail= n=n= u=n= c=n: myru- rlGU- 11=A- n=n= n= Jrn= nn= n„-u=n-o n=_ r- • tea-.- r.-._. Ir_ I _-- — '_ h—_ ___ rn= r-::_ i=_.__ _ G= r__ a=••=•_ _•._-_•= n=a=. ..--- r n•n= n=n= n=- 7_0-' nnii u° unununn= lil= il= ii iui u°-a:! ii= illn= n=il= li°- uIn= 11 i°^ u-°9"- il"= u7`=' 1n=1T1°= n=l r n=n- n= r-c= n=u= n=n= uv n=u= n-n= 1Kn= n=u= n= lclr- Ir-u= 11=a- Ir-- n=n- Ir o=o- u=n= n=n= ml:= u=n= n-n- 1l=u= n-: u=n= n=u= n=o= u=n= u=u= a=u= n= sir= n= u-il 11=11= 11= r-0=: 1=11= 1M= 11= IH1= 11=11= I1-11= 11= 1h-IL- 11=11= 11=u= 11=11= 11=11= 11= 1K1ti-" 1=o- n=n= u=n= iro= u=n= n= n=n= n=.u= n=n= n=n= o=o= r-n= n=a= ll=n= a= 1r-o= fi= n= r-n= n- F= u=n= n=u= n= n=1= _'_•_= n=n= n-n= n= lrn- u=n=n=1 n=n= n=n= r-u= n=u= a=n= n= n= n= n=u= ir7l= n-A=11 BUILDING SECTION — PROPOSED rRELATED WE UP 11 si SNOWMASS BASE VILLAGE wuilcfling 54 WESTPAC Minor PUD Amendment November 18, 2008 PX PAVING LE. 6fr N©: 1 a i Norr4xp" bNOk hold wgiih bro- 04 wlda u>' ursr+ kmvkto{ Vtom pavIV M- ewm pa+ rMQ mij1h alana bab4n cororodcasw. mtouLaFlpccoc cw oaa> c. l MATERIAL PLAN AT PORTE COCHERE f r/ „ o ) f/ P 22 WIN WABnoS_ Q r- 2.3 W WALL RLOO T 10141 T\ i T J • 2A H' WALL BLDOS 1ti6- 1 J 24 NORTW SOUTH SECTION AT BLDG. S POOL WALLS 1163 1 2a_ a' WALL NORTH OFBLD3 T_- _ 13161 _ 11` 6 h( a•4 ,_ c t. 33 O 2 O Q, 2.6 BLDG 0 POOL WALL ELEVATON ------- 3162 2•• e 2S 1CW LLA ON BOULDER A° i r' ! l ; I• r•~•, i,f LID ORYSTAACNWALL 616. 2 r- h 0 312 e' WALLNORTHOFBLBOL 162 jr. l O l — — _ 212 LOSEHTONE BOLLARD kM 00 yy L14 BLO06LWDINO DOCK a16a i'• r Ij \' 3ta PEDEHTISANBRIDGEWALL elefi 3.1{ 6 WALL NORM OF BLOOT al{ J OF 3.0 SITE STAIRS I RAMPS I '`- l' y Q ciL'_ i / i'/', L h3D i -/- T- 3.1 RN NORTH OFBlDG6 1ir 160 f NOTWEO 3 ) COPER STAIR OFF BLDG] 3L{ J SA iCLOWREASTROGP BI. 8 5160 J• . 1 _ I/ 1 i/i i j LIA`, % f.5 tY STAIR EAST OF 8LDO. H 61N SC STAIR EAST OF BLOO. a 6162 _ L-7 3PSTAIR:: LDG BL00 t- _ - ) 16-] - V(/ J/f 2. AC STAIR @BLOG: POOLAREA 11W Y 3. 101ANORAIL® CONNECTIPOOLAREA S I! / a" I 3.11 M' STAIR NORM OF M T T1N- a` I O 3.iS 30' STAIR SOwItF OF BLDG 6 lle! LIS 315' STAIR EAST OF BLDG H 4Le< i4 F 3 / Y, - s J / I. 410 SITEE FURNISHINGS/ MISC. SITE ELIE E6NTS J 62 GUARDRAIL- TYPEI 716--, 3 _ J` -/ • l 1 12 GUARDRAL TYPES 6184 4 u L. Rome Q° J' I1ll I. i> 1A STONEC OLNMN TYPE 3 31{ y _ D TONECOLOMN TYPE I 5161 L S 13 a x s'0y M L 6.> - POOL FIANCE 21f< sa STREET LIGHT a l4.0 2164" PEDESTRIAN IIGIR. IYPEI 3 6.10 NOT WED ter_- }' " ~` 1-.+ z';., ti. F J f f t' ^ r _ ] BtFM) T pF N,,,_\ ,_ a\ l z• p,` aa1s LLAGi STEP O N uia IG 24."uN w nnDE sers 1 5.0 PLANTING e I 2 / 6.1 S aHRUBWO RN6 isa E 6S ER RUOIIB MTREE PIAH Si68 ti y"-_ ~ 4 i S ' a3 DEaDCOMFUDUS TTtEE PLANTING sa68 PAVING PLAN - 1- 2- 6 - PUD MATERIAL PLAN - 1- 2- 1 - PROPOSEDPLANTING PLAN - PUD VS PROPOSED r W ES TPADC SNOWMASS BASE VILLAGE Building iJ Minor PUD Amendment a II fir± ,g? v S s,," ate.. aa r Lr.4 i.Ar L. I 3.ry 1 L.yr 1 AS4 ,i i'ft f a4 r i yt hr I t..—b tsr errr' ' f*'`°{C• 61 ti. 4 l`.{.S.Y.Y.\ M ,hli,]i 1 r 4 b ` 1 F WL Jv INM WE CA a CA 1'17 l II °"II r ( Fr nt u o g p CL 1 1c rte\\9 6u w re' i •• I, - •_ Fi• D r I `mr yc sli6`J i aJ m CC Fi F1 1 ` > 3 CL m al,,y,j .® •.• ey be<ry;e fir o OD a. I. i SECTION ppq ' oo M@) ON PNJOO p G ' C 11. Ell EXPOSED WALL 3. ar 11 11 iii 11 11 I HEIGHT VARIES. . . r, Tr,11 11 111111 ' r mnnunmmuu innnnummnm mm—= fffi' mmmmmnnm unnnnnnmw Lfn i a_ Jl:- sue•__`__ r- _ rte O PARTIAL rRELATED 1p M WESTPC M SNOWMASS BASE VILLAGE = m A 8. ? 008 i SIDING TRIM i STONE dr Y•' I I BUILDING i1 MATERIAL BOARD - PUD RELATED BASE Building minor PUD Amendment November 18. 2008 W E S T P A C Ie I ii Vii• .. a L. uaa I 1 i Y The Little Nell at Snowmass Material BoardSNOWMASS BASE VILLAGE Building 8 59 c1st StDre Mcral 7,, ifinqs Mahogany Staincd Trim Fa Asphalt SNngJe Wittig Postj Vf MATERIAL BOARD - PROPOSED rRELATEDWESTPAC Minor PUD Amencr r November 18. 2008 rM RELATED WESTPAC BASE VILLAGE MINOR AMENDMENT BUILDING 8 l k x ie s Submitted November 18, 2008 November 2008 Application for Minor Amendment to the Base Village PUD rRELATED BASE MINOR AMENDMENT BUILDING 8 F` r Submitted November 1 : November 2008 Application for Minor Amendment to the Base Village PUD n, rRELATED WESTPAC TABLE OF CONTENTS SECTION 1 Application and Review Standards SECTION 2 Written Description APPENDIX A Legal Description, Consent and Disclosure of Ownership APPENDIX B Application Form and Fee Agreement November 2008 Application for a Minor Amendment to the Base Village PUD rRELATED WESTPAC SECTION 1 APPLICATION AND REVIEW STANDARDS November 2008 Application for a Min orAmendment to the Base Village PUD RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 SECTION 1 APPLICATION AND REVIEW STANDARDS 1.1 Introduction On October 18, 2004, the Town Council of the Town of Snowmass Village passed Ordinance No. 21, Series of 2004(the "PUD Ordinance"). The PUD Ordinance was for the development of properties known as Base Village, Fanny Hill and Sinclair Meadows. The PUD Ordinance was recorded in the Official Records of the Pitkin County Clerk and Recorder on February 2, 2006 at Reception No. 520481 along with the Base village PUD Final Plat which was recorded in Book 77, Page 30, Reception No. 520483 of the Pitkin County Records. By submission of this application for minor PUD amendment to the Base Village PUD, Base Village Owner, LLC, the "Applicant" is requesting certain minor changes to Building 8.These changes will improve the layout and function of building while not altering the intent of the original PUD approval. 1.2 Section 16A-S-390(2) and Section 16A-5-40(b): Minimum Contents 1) Name,Address,Telephone Number Related WestPac, LLC in Care of Base Village Owner, LLC 132 West Main Street Aspen, CO 81611 970) 922-0556 2) Legal Description BASE VILLAGE PUD, SNOWMASS VILLAGE, COLORADO, AS SHOWN ON THE BASE VILLAGE PUD FINAL PLAT RECORDED FEBRUARY 2, 2006, IN BOOK 77, PAGE 30, AT RECEPTION NO. 520483 OF THE PITKIN COUNTY, COLORADO RECORDS, LOT3. The plat is located in Appendix A. 3) Disclosure of Ownership A description of the ownership of the various parcels comprising the Project site is set forth in the title commitment attached hereto as Appendix A.The property owner's consent to the submission of this Application is attached hereto as Appendix A. November 2008 1 Base Village Minor PUD Amendment for Building 8 proposed rRELATED Snowmass Base Village Administrative Modification for Building 8 November 2008 4) Written Description A written description of the as Section 2. 5) Vicinity Map rte# I_.-:, ef.', •. . . r •• ::CC'aa C 4 Other supplemental All maps and plans pertaining to the proposed amendment have been provided in the Booklet. 7) Application Form The application form and fee agreement is included d provided in Appendix 1.3 Compliance with Other Applicable Sections of the Snowmass Village Land Use Code 1.3.1 Section 0i 1.3.1.1 Minimum Land Area. The proposed does not affect the land area of the Base Village PUD. November 2008 r0 RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 1.3.1.2 Location. Base Village is Located within the Town of Snowmass Village; Building 8 is located on Lot 3 of the Base Village PUD. 1.3.1.3 Uses.The proposed amendment does not change the permitted use or change the MU-2 zoning of the Base Village PUD. 1.3.1.4 Maximum Buildout. A. Equivalent Units. The proposed amendment increases the unit equivalency for Lot 3 by 1.65 equivalent units. As stated in ROD#8 "the unit equivalency ("EU")for Building 8 has increased from 35.85 to 44.65 EU. The 367 EU limitation for the Project, as set forth in the PUD Guide, is not being modified." Both unit equivalencies in the ROD are incorrect to due to an error in the formula. As corrected the EU was 35.20 in the original PUD and 43.15 in ROD#8. The draft ROD#31 modifies the EU from 43.15 EU to 43.20 EU. The slight increase is the result of a slight increase in the two forth level units which were not delineated in ROD#8. The EU limitation for the Project as set forth in the PUD Guide was modified with Building 13A and restated with Building 4AB. Therefore the changes in ROD#8 have been incorporated into the PUD Guide. The EU Slimitation has not yet been modified to reflect ROD#31 which increases the EU by 0.05 EU. The Applicant is requesting to amendment the Buildout Chart to increase the unit equivalency from 43.20 EU (currently approved administratively but not yet modified in the PUD Guide) to 44.85 EU. The increase in the unit equivalency is not a result of an increase in units, mass or density it is strictly an increase due to the modification of unit types and size. The incremental increase in the EU for Building 8 does not have any adverse impacts on the project or Village as a whole. As a result of the slight increase in EU, the Applicant is requesting a greater buildout pursuant to Section 16A-5-300(c)(4)(b) of the Code. "A greater buildout may be approved if the Town Council finds that the PUD achieves one or more of the community purposes described in Subsection (c)(6)." 1. 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...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"Section 16A-5-300(c)(6)(b). November 2008 3 Base Village Minor PUD Amendment for Building 8 RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 The Applicant is providing the following benefits to encourage sustainable development. The added commercial services allow the building to operate efficiently which is a long term economic benefit to the community. The additional lock-off units proposed further diversifies the mix of lodging and enhances rental likelihood and availability. The additional employee housing bedroom is a positive social benefit as it will house one additional employee. This proposed modification is consistent with the review standards described in Section 16A-5-310. B. Lock-off Units. Two additional lock-off units were added. Because lock-off units are encouraged, no maximum amount of lock-off units was set. The application exceeds the minimum requirement set in ROD#8 which states that building 8 should have no less than 16 lock-off units. C. Minimum Restricted Housing. The Applicant proposes to increase the amount of restricted housing provided in Building 8. In addition as opposed to providing one studio unit, two studio units are proposed totaling 1,116 square feet. This change corresponds with letter"F" in the 11x17 booklet. The restricted housing requirement is addressed below under compliance with development evaluation standards. D. Commercial Uses. The Applicant proposes an additional 333 square feet of commercial uses on Level P3 to be used as liquor and dry storage for the restaurant. This change is shown on the proposed P3 level in the 11x17 booklet. E. Skier Services, The Applicant has added an egress corridor between the B.O.H., clinic and Mountain Club. The corridor has resulted in a slight decrease in the square footage of the skier services on Level P2. This change corresponds with letter"D" in the 11x17 booklet. F. Commercial Services. The Applicant proposes to increase the commercial services within the building. This increase is the result of an increase in the back of house, lobby and corridors. The largest impact is the 1,868 square foot increase in corridor space on Level P2 resulting from the egress corridor added on this level. Additional back of house November 2008 4 Base Village Minor PUD Amendment for Building 8 RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November2008 is proposed under the pool deck in an area formally backfilled. This is necessary to operate the building properly. This is described under letter"A," "B" and "D" in the 11x17 booklet. G. Community Facilities. The slight reduction in community facilities is the result of the egress corridor added on Level 132. This change corresponds with letter"D" in the 11x17 booklet. In total the size of the clinic remains larger than originally approved. The Applicant requests the following revisions: Building 8: 'Table 10: Lot 3 Buildout' Building Equivalent Units Minimum Building Commercial Skier Commercial Community Number Units/Actual Containing Restricted Floor Area Uses Services Service Facilities Units, Lock-Off Housing Areas Rooms Requirement 8—PUD 35.20/32 20 1,000 92,791 3,045 5,785 5,269' 4,987 8—ROD#9 43.15/27 17 1,000 91,838 3,045 5,608 7,537 5,987 8-Ad Mod 43.2/27 17 1,000 92,386 3,549 5,608 7,537 5,921 8— 44.85/27 19 1,116 95,839 3,882 5,210 10,587 5,629 Proposed Minor PUD ROD #8 confirmed that the Buildout chart incorrectly stated the commercial service areas as 5,269 when the final approved development statistics in the PUD actually had 6,537 sq ft of commercial services. 1.2.1.5 Dimensional Limitations. A. Floor Area. This application proposes to increase the floor area from 92,386 square feet(as approved in draft ROD#31 for the administrative modification dated October 20, 2008) to 95,839 square feet. The proposed modification will not cause the FAR for the Building's Lot to exceed the FAR limitations for such Lot by no more than 2%. Maximum FAR Calculation: Lot 3 is 2.48 Acres or 108,028 sq ft x 1.29 (Maximum FAR) = 139,356 sq ft In accordance with the approved PUD, an administrative approval is acceptable if the proposed modification would cause the FAR for the Building's Lot to exceed the FAR limitations for such Lot by no more than 2%." The Applicant is not requesting administrative approval but has demonstrated that the maximum floor area is not exceeded by more than 2%. November 2008 5 Base Village Minor PUD Amendment for Building 8 RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 2%Variance in the Maximum FAR Calculation: 139,356 sq ft x 1.02 = 142,143 sq ft(including Bldgs 6, 7 and 8) Floor Area for Lot 3: Original PUD Total Lot 3 136,798 sq ft (Bldg 8 Floor Area 92,791 sq ft) Approved Total Lot 3 138,078 sq ft (Bldg 8 Floor Area 92,386 sq ft) Proposed Total Lot 3 142,079 sq ft (Bldg 8 Floor Area 95,839 sq ft) As modified, the floor area for Building 8 is 95,839 sq ft, less than the permitted FAR for Lot 3 when the 2%variance is calculated. B. Height. The Applicant is requesting to vary the dimensional limitations of Building 8 pursuant to Section 16A-5-300(c)(5) of the Code. "Dimensional variations may be granted when the Town Council finds that the PUD achieves one or more of the applicable purposes listed in Subsection (c)(6), that the grating of the variation is necessary for the purpose and that the resulting development is consistent with the provisions of Subsection (c)(7), Standards for granting of Variations, and Section 16A-5- 310, Review Standards. The proposed amendment will increase the height of the building in two areas as approved in Resolution #37 Series of 2004, Exhibit A. Please reference page 4 and 41 in the 11x17 booklet for additional details. The Applicant requests height variances for the following locations: Location A. The Applicant is requesting a 1.08' increase in height from finished grade. The change will modify the 85.0' height approved in the PUD at finished grade to 86.08' measured from finished grade. This request is the result of the grade being lowered to allow the necessary entry height from Wood Road into the clinic garage. The peak elevation is actually being lowered 0.92' therefore the increase in height will not impact surrounding properties. This height increase in only 0.08' (less than one inch) above the 1' permitted "Planning Director Modifications to Buildings Not Affecting Mass or Scale" as outlined in Ordinance 21 Series of 2004. Location G. The Applicant is requesting a 5.08' increase from both finished and proposed grade. The change results in increasing the height at existing grade from 90.0' to 95.08' and the height at final grade from 52.0' to 57,08'. The height increase will raise the roof in order to vent the mechanical systems over the elevator shafts. The vents were in the ROD#8 approved drawings, but the clearance over the elevators was not met (will not work) as shown in the approved drawings. The height increase will November 2008 6 Base Village Minor PUD Amendment for Building 8 rRELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 impact approximately 240 square feet above the elevator. This is approximately 3%of the total roof coverage. The Applicant is requesting to vary the dimensional limitations of Building 8 pursuant to Section 16A-5-300(c)(5) of the Code. "Dimensional variations may be granted when the Town Council finds that the PUD achieves one or more of the applicable purposes listed in Subsection (c)(6), that the grating of the variation is necessary for the purpose and that the resulting development is consistent with the provisions of Subsection (c)(7), Standards for granting of Variations, and Section 16A-5-310, Review Standards. In return for the requested variation, the Applicant is proposing the following community purpose which is necessary for the proposed purpose to be achieved: 1. Encourage Better Design A parcel's dimensional limitations may be varied to allow for greater variety in the type, design and layout of the buildings. Location G. The additional height will allow the elevator to function which will improve the design of the building. It allows the mechanical systems to vent with the least amount of impact on the aesthetics of the building. If the additional height for the venting is not approved, large ventilation hoods will need to be placed on the exterior of the roof,thus negatively impacting the aesthetics of the building. This is a smart solution which will maintain the original intent of the approval. 2. Develop necessary public facilities. A parcel's 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..." Location A. The additional height will provide the necessary height for the access into the clinic parking area from Wood Road. The clinic is a community purpose and the addition increase in height (less than one inch over the permitted administrative height approval) facilitates the clinic by providing access off Wood Road into the clinic parking area. November 2008 7 Base Village Minor PUD Amendment for Building 8 RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 Standards for Granting of Variations:The proposed variation does not impact views from surrounding properties as only two small areas of the roof will increase in height. The majority of the roof will be lowered 0.92' and the area which will increase in elevation is not large enough to impact the views from surrounding properties. The height change does not impact the buildings compatibility in terms of height, scale, mass, orientation and configuration with other structures in the approved PUD and adjacent structures. This proposed modification is consistent with the review standards described in Section 16A-5-310. 1.3.1.5 Community Purposes. The application addresses the proposed community purposes under the two requested variations detailed above. 1.3.1.6 Parking. The proposed application will increase the employee housing parking demand by 1 parking space as there are now two employee units as opposed to one. The restaurant seating is reduced because the room service kitchen has now been combined with the main kitchen, in turn slightly lowering the seating capacity. In total the parking requirement for Building 8 will be reduced by 6 spaces from the original PUD. Employee Residential Commercial* Restaurant Total Housing Housing Clinic/Mtn Club 1 space/ 1 space/unit 0.75 spaces/unit 8 seats Original PUD 1 unit x 1= 1 32 units x .75= 24 21/57 16 119 ROD#8 1 unit x 1= 1 27 units x .75 = 20 21/57 14 113 Proposed 2 units x 1= 2 27 units x .75 = 20 21/57 13 113 Delta from 1 4) 0 3)6) the Original PUD In accordance with the original approved parking management plan, the clinic requires a total of 21 parking spaces which is one more than the current parking level for the clinic. The Snowmass Mountain Club requires 57 spaces; this requirement was based on 1 parking space per 4 members with a total of 200 memberships with 7 additional overflow spaces. 1.3.1.7 Road Standards.The proposed amendment does not impact the road standards set forth in the PUD. November 2008 8 Base Village Minor PUD Amendment for Building 8 rRELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 1.3.2 Consistency with the Comprehensive Plan. As amended pursuant to this Application, the Project will remain consistent with the Comprehensive Plan as the proposed changes are minor in nature and do not impact the Project's compatibility with the Comprehensive Plan. The modifications in the application improve the access to and round Building 8 by providing direct ambulance access to the clinic, enhance the public spaces within the building and increase the number of employee units in the building. 1.3.3 Section 16A-5-390, Review Standards for an Amendment to a Final PUD 1.3.3.1 Consistent with the original PUD. Accept as described in the application, the proposed modifications are consistent with the original PUD. 1.3.2.2 No Substantially Adverse Impact. Based on the approved Base Village PUD, the proposed application does not have a substantially adverse effect on the neighborhood surrounding the land nor does it adversely impact the enjoyment of the land abutting upon or across the street from Building 8. 1.3.2.3 Not a Change in Character. The proposed application does not change the basic character of the PUD or surrounding areas. As the design has progressed the Applicant is able to further define the building materials. This has been included in this application within the 11x17 booklet. The colors and materials remain consistent with the original intent. 1.3.2.4 Comply with Other Applicable Review Standards. This application complies with the other applicable standards described in detail within the Application. 1.3.2 Section 16A-5-310, PUD Review Standards 1.3.2.1 Consistency with Comprehensive Plan and Base Village comprehensively Planned Area ("CPA"). As amended pursuant to this application, the proposed Building 8 will remain consistent with the Comprehensive Plan and Base Village CPA as the proposed modifications are minor in nature and will not impact the preferred plan for Base Village. Therefore, the amendment satisfies the requirements of Section 16A-5- 310(1). 1.3.2.2 Preservation of Community character.The application preserves the Snowmass Village community character by continuing to integrate natural features, mountain settings and the surrounding areas into the design and construction of Building 8.The character and original intent of the building's fapde is maintained. As amended November 2008 9 Base Village Minor PUD Amendment for Building 8 RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 pursuant to this application, the project will continue to satisfy the requirements of Section 16A-4-340, Building Design Guidelines and correspondingly, Section 16A-5- 310(2). 1.3.2.3 Creative Approach. The proposed amendment will produce a better development as it improves the form and function of the circulation, back of house operational areas, public space, and units. As amended pursuant to this application, the project will continue to satisfy the requirements of Section 16A-5-310(3). 1.3.2.4 Landscaping. The fire department is now requiring a second means of egress from the pool deck. The modifications to the hardscape which result from this requirement are shown in the 11x17 booklet. As amended pursuant to this application, the project will continue to satisfy the requirements of Section 16A-5-310(4). 1.3.2.5 Compliance with Development Evaluation Standards. As stated in the Snowmass Land Use Code, the application continues to "(1) protect ecologically and environmentally sensitive areas; (2) use land, public and private services and facilities efficiently; (3) ensure development occurs in an orderly and timely fashion; and (4) ensure that a project's design is compatible with the existing scale and character of the Town." More specifically, the proposed modification will not impact the protection of environmentally sensitive areas, improvement standards, site design standards, or sign standards as described in the Land Use Code. Except as described below, the amendment satisfies the requirements of Section 16A-5-310, Article IV, Development Evaluation Standards. Restricted Housing. As stated in ROD #8 of 2006, the employee housing mitigation requirement for Building 8 was not recalculated based on the approved changes. In addition, the administrative modification submitted October 20, 2008 did not recalculate the requirements. The employee housing calculation for the original PUD, ROD#8 and the proposed application are provided below. In total there is a 248 square foot increase in the employee housing requirement. The proposed amendment will mitigate 116 square feet within Building 8, as originally only 1,000 square feet of housing was proposed in Building 8 and as proposed 1,116 square feet will be provided. The employee housing calculation for the original PUD,the ROD#8 and the proposed amendment are provided on the following page. November 2008 10 Base Village Minor PUD Amendment for Building 8 RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 ORIGINAL PUD Building 8 See below See Employees Square Footage below Genereted Generated Studio I One 11 0.38 4.18 843Bedroom Two Bedroom 21 0.76 15.96 3,218 Three Bedroom 0 0.52 0 0 Four Bedroom 0 0.62 0 0 Food 8 Beverage 3,045 5.16 15.7 3,168 Clinic 4,987 3.68 18.4 3,700 Skier Services 5,785 1 0.96 1 5.6 1 1,120 Total 59.8 12,047 ROD#8 of 2006 See Employees Square Building 8 See below below Generated Footage Generated Studio I One 11 0.38 4.18 843Bedroom Two Bedroom 9 0.76 6.84 1,379 Three Bedroom 5 0.52 2.6 524 Four Bedroom 2 0.62 1.24 250 Food d Beverage 3,045 5.16 15.7 3,168 Clinic 5,987 3.68 22.0 4,442 Skier Services 5,608 1 0.96 1 5.4 1 1,085 Total 58.0 11,690 PROPOSED See Employees Square Building 8 See below below Generated Footage Generated Studio I One 10 0.38 3.8 766Bedroom Two Bedroom 10 0.76 7.6 1,532 Three Bedroom 5 0.52 2.6 524 Four Bedroom 2 0.62 1.24 250 Food 8 Beverage 3,882 5.16 20.0 4,038 Clinic 5,629 3.68 20.7 4,176 Skier Services 5,210 0.96 5.0 1,008 Total 61.0 12,295 Total Change in Employee Housing 248 November 2008 11 Base Village Minor PUD Amendment for Building 8 rRELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 1.3.2.6 Suitability for Development.As amended pursuant to this application, the project will continue to satisfy the requirements of Section 16A-5-310(6). 1.3.2.7 Adequate Facilities. As amended pursuant to this application, the project will continue to satisfy the requirements of Section 16A-5-310(7). 1.3.2.8 Spatial Pattern shall be Efficient. As amended pursuant to this application, the project would continue to satisfy the requirements of Section 16A-5-310(8). 1.3.2.9 Phasing.The application does not affect this phase of the Base Village project. As amended pursuant to this application, the project will continue to satisfy the requirements of Section 16A-5-310(9). November 2008 12 Base Village Minor PUD Amendment for Building 8 RELATED WESTPAC SECTION 2 WRITTEN DESCRIPTION November 2008 Application for a Minor Amendment to the Base Village PUD RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 SECTION 2 WRITTEN DESCRIPTION The written description below corresponds to the changes outlined in the 11x17 booklet. All impacts to the Land Use Code are addressed in Section 1. 1. The following changes are proposed on Level P3: A. The lobby was enlarged from 1,550 square feet to 2,136 square feet to provide a gracious and inviting entry sequence that is commensurate with a Five Star residence. The additional space will provide a larger waiting area for valet services and support assistance. B. The back of house area was enlarged by occupying the space beneath the pool deck. This modification makes better use of an area"which was previously backfilled. The PUD approved plans did not provide adequate space for employee changing areas and lockers, administrative and support staff offices and repair and maintenance areas. The increased support areas commensurate the needs of the operator. The proposed changes to Level P3 will not impact the mass or scale of the building. 2. The following changes are proposed on Level P2: C. The fitness center has been relocated from Level P2 to Level P1 and the P2 space is now back of house space. This change provides additional back of house space in a closer proximity to the other back of house functions on Level P2 and away from the more residential level. The result is a reduction in staff traffic through the residential corridors. The relocation of the health club also improves the layout of the egress . corridor needed on Level P2. The fitness center replaces the room service kitchen previously located on Level P1 adjacent to residential units. The residential units on P1 are not compatible with the room service kitchen so this function was incorporated into the restaurant on the village level. This results in less staff traffic through the residential corridors and the fitness center is more compatible with the residential units. D. An egress corridor was added between the back of house, clinic and Mountain Club, exiting on the south-east side of the building. The corridor will provide an additional necessary means of egress on Level P2 in turn improving the function of the building. November 2008 1 Base Village Minor PUD Amendment for Building 8 rRELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 E. The pool was reconfigured to a more formal layout than was proposed in the ROD#8 drawings. Upon further design review it was determined that a more formal design would better relate to the angels and architecture of the building. An exterior egress stair was added to the pool deck as a second means of egress from the pool deck. This is a requirement from the Snowmass Wildcat Fire Department. F. The slab opening was closed and an employee unit was relocated to the area above the lobby from its original location on Level Pl. The relocation of the employee housing permits the applicant the ability to provide two studio units as opposed to one larger studio unit. This will house one additional employee than originally proposed. The total square footage for the employee housing has increased by 116 square feet. The space that was vacated by the employee housing unit becomes a lock-off component of unit C-6 which provides an additional hotel-like unit and increases the flexibility of the unit. G. A side entrance was relocated and a loading platform has added to provide easier circulation for emergency personnel. 3. The following change is proposed on Level Pl! H. The Fitness Center was relocated to Level Pl from Level P2. Please refer to Letter C for a detailed explanation of this change. 4. The following changes are proposed on the Fourth Level: I. Not used I Portions of the E-1 unit were expanded under the existing roof line to provide a more useable unit configuration. K. Previously unused attic space under the existing roof plane was incorporated into the E- 1 and E-2 units. The roof configuration has not changed. The additional space under the existing roof plane was internalized into the units. 5. The following changes are proposed to the Roof Plan: L. Plans and elevation revisions that were submitted and approved in R.O.D. #8 determined the roof changes that are now being shown. Roof plans were not submitted in R.O.D.#8 application. November 2008 2 . Base Village Minor PUD Amendment for Building 8 RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 M. Not used N. As the design and construction documents were finalized it was discovered that the height of elevator core was not sufficient to house the code required ventilation equipment. The tower element was revised to include the required louvers as shown on the southwest elevation.The result is a 5.08' height increase over the elevator shaft. O. In addition a necessary mechanical vent was added to the roof plan. P. The roofing material at five secondary dormers was changed from copper to asphalt shingles. Nine main dormers remain clad with copper shingles. By minimizing the amount of copper shingles on the roof, the remaining areas become more prominent and "special" than the secondary dormers. The majority of the dormers that were changed project out past the face of the building, by changing the material the severity of snowdumps will be lessened. Q. An elevated section of roof ridge has been eliminated to give more visual prominence to the two cupola elements in the center of the building. This modification will improve the aesthetics of the building and will lower the height of the ridge in this area. 6. The following changes are proposed to the elevations! R. Slight window size and location modifications have been made as the interior spaces have been refined. S. Egress from the pool was added as a requirement of the Snowmass Wildcat Fire Department. T. A balcony was added to residential unit C-6 below the restaurant. This will provide covered entry into the restaurant. U. A clearance sign was added at the garage entry to inform the public of the clearance of the garage. The garage doors have changed from a single door to two doors, one for the entry and one for the exit. This provides more flexibility for the garage egress. V. The wall around the pool, which was not originally shown on the PUD sections, has been further defined and to incorporate the steps from the pool deck and to allow for landscaping to break up the stone wall. November 2008 3 Base Village Minor PUD Amendment for Building 8 RELATED WESTPAC Snowmass Base Village Administrative Modification for Building 8 November 2008 W. The window configurations have changed slightly as a result of mechanical coordination. X. A canopy was added at the Porte Cochere to reduce falling snow hazards. Y. Not used Z. Not used AA. Canopies have been added to mitigate snow dump. BB. Not used CC. Windows in C-6 were revised to work with the unit layout. A balcony has also been added to the residential unit. DD. Louvers,were added to the fenestration design at the clinic area.This is necessary to allow the additional required mechanical systems to function properly (air intake and exhaust). EE. The windows under the bridge have been removed as a result of structural coordination. FF. The window style has been modified to a more aesthetically pleasing style. GG. Not used HH. The window styles have been updated to allow increased daylight into the lobby. November 2008 4 Base Village Minor PUD Amendment for Building 8 RELATED WESTPAC APPENDIX A LEGAL DISCRIPTION, PLAT, CONSSENT AND DISCLOSURE OF OWNERSHIP BASE VILLAGE PUD, SNOWMASS VILLAGE, COLORADO, AS SHOWN ON THE BASE VILLAGE PUD FINAL PLAT RECORDED FEBRUARY 2, 2006, IN BOOK 77, PAGE 30, AT RECEPTION NO. 520483 OF THE PITKIN COUNTY, COLORADO RECORDS. LOT 3. November 1008 Application fora Minor Amendment to the Base Village PUD rRELATED WESTPAC November 18, 2008 Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 RE: Letter of Consent for a Minor Amendment to the Base Village PUD Town of Snowmass Village: Related WestPac, LLC consents to the Minor Amendment being submitted by Base Village Owner, LLC requesting certain modifications to Building 8. Sincerely, Pat Smith Manager Base Village Owner, LLC l/ Pat Smith Owner Related WestPac, LLC 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620 (t) (970) 920-3384 ( Will g'L oe Y fi e t silly LL I Be g I.yy yyCCe3e3 c+c+ i p EeE eI 9llY 4 K6p ' 3g L O YYF 13 ° gnli° gtgg ¢ 4 i9 Igg11S! t < 5•- rSg fill 'ON eci r till S ie , 3 e1 i Q ° T gg• a i9 a a °. ° IS s;srgl1si bb b m 4'1 ,11 glib}}I[[i goLLtltly1bdreerY:81I ! I lf Pailf4ill e . S yldv . .iIi 11%777pppccc ol W t e ibis b SEmaig 11b g : gsg ig :. I9' bp sbk' g g9 ifQ :I °° e'eFIyytSi° 1 C(C( O gg f, lfs .e hNia°dgg A p g•g 6 Slp l eily;bsEe4°4Flg @g b3dle s Y9gS t i = ° E s C j y g6g i eileb°"g°tl° 5 y drbbs i g!S LL 1 e n °S S ° n•e n qq 4j 'Y g 3cg!{ pqi B Og gy gWOO IL i ge SFb°sE:bissj1s lij is' Eg € s Z °s 3 s gli t bg gi b: eeed,el a°g'`119'e. ge1 d°i C ° i e leyEE{6 is gVg s 1 eee p9p nj9 bS yE lgfy g - g poll g l'e bgq g lgSg 5 s^,iCilyiLY`, li'Y g e k eI SF[.- I f' S e b -g 8 as=el;s g l sy i' 1 y s a iaHl Is.S. egl g ss E:- iA4si€11116,@l 6 d 1 11 6 1 = s 1T. BASE VILLAGE P. U. D. 17 P FMAL PLAT A REPLAT OF A PORTION OF THE BASE VILLAGE SUBDIYL410N sa ACCORDING TO THE PLAT THEREOF AS RECORDED M PLAT BOOK 18 AT PAGE 27, BEING A PART OF GOVERNMENT TRACT 45 AND A PART OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 0TH PM TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKM, STATE OF COLORADO. x L- IanY N 31 E USIC Msr tA••• aC i , N uNUnm w N olm 1 ROAD toW Amwor x: r snA' gy. E x ° rf B BS : 5,, . I2[ 9'[P E w 9 x www f mArlr PARCELE 2097 ACHES Y 6 x PARCEL p a. e _ CARP. L` GE WAR ROW 3. 677 ACRES xrnm• v v w ....: LL... Yd C WOOD r w 33% ACRES w w. r• ww ow LOT] N[ R4TST x [ t" 2AS1 ACRES Y x t RCM. ftl3 Lars 1. 096 ACRESv A.. r Lar1 tY t 7A06 ACRES WI7 n s M110' 0 f 1- M ACRES W IpT6 T a M TP' 06'• Iqi'{ I3s1 ACRES 1...__....Ply w iry 221lar 7 4 n • N[ T nix, p) p}' WOMROAUROW s D x 16 f x[[' YOY• . l[I.[ S j iomnnY x wr• ' Pf / R[ S N" Mm • JM. LY P- 0Y pm'.' tw • % is S IY1r r•N'] I• v rwww•. YA w T1 M 9' wM( h Ni• YT . .. Q/, ElyOdy. T1 IHIAf. v 00• lAAI] Sti' x OfJ4r C IMwTID ta \` Ix\'." i[ lO/ AY• Mm 11 A4e@J, 00. 13[ AI' p O w1VM lM1AlR fII uG p> ti • f xolwmn vrr- T es[ wwvrN[ e ® TL TRA: T.. rEw„C H,.. rIwc x•. : xbi,. a.u wwwmwx.0v m uu w. r BASE VILLAGE P. U. D. j FWAL PLAT A REPLAT OF A PORTION OF THE BASE YLLAGE SUBDIVISION I. v[n I ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 AT PAGE 27, ME7. 51! . BEING A PART OF GOVETMIENT TRACT 45 AND A PART OF SECTION I, TOWNSHIP 10 SOUTH, RANGE Be WEST OF THE 6TH PAL TOWN OF SNOWMASS VILLAGE, COUNTY OF WTKIN, STATE OF COLORADO. rvsrer rnt . @ftr4cjtft rmae ou. naar• 4$ r ga. wc na. m. s. K PARCEL av I [ 2. 097 ACRES gna L aJ m y Ir ED SPAY AOa I J CAM m°, e: yr.. r v q°p•" tr. II 1 Dove aaam e- e1 os. loseda ti k m'°° m SFOET p 1. 01' 7 I / 7. 406 ACRE1 r 7— a s /'.___-_•_ vq , ZA81 ACRES i1 I roa elf RIO[[ 14, pi. p} ry, rµ{ 14- wf YK. RL rnr• sc.w f.ss. ar. soo. w. r.a ro,• r«- ro .. cm r See Sheet a a[ vc. ec rwuxm. roe w r. rim- me+. um See Sheet e 1 nfucn. ce. mue. m nz r. am. rx-. o[. vwm TETIHA TECH M l umr. r m. ra w i fumr. m lama rra w roa vwrm I c.u. lm.. oa.. zz rwf x[ m.. ra• an - ro« v.c. en C ri ,, nrwws n snwu w pp 2 R Ila) a \ y m r, j S o d p i I 11 1 pp 9' Lu it J q . .$H l :H HHH Hati4 m O d •. 1g I I 1` s.a. F }u i r{ \\ q q!¢_ yy- Y&R!A 4 9 r,ppq>¢eAmoamsa p U 11 rgI P tle lot 4 Y9 b 1 9 b @ i Y1Yqy t$Y33333 a X11 la 1{ lw Wj BASE VILLAGE P. U. D. 6 -)- 2 P30 FINAL PLAT _ SUBDWSM A REPEAT OF A p'O{ iT101d OF THE BASE VI PLAT PAOE 27. ACCO TO THE PLAT T REOF AS RECOPfDED 10 $ OIfTH. RANOE SB WEST OF THE ETV, P.Y. gEpp A PART OF CIOVEAIA T TRACT dS AND A PART OF SECT of KM STATE OF COLORADO. TOWN OF SNOWYASS VILLAGE, COUNTY 11 Sea Sheaf 4 t— See gheeE 4 J 091/ AQPS i . a IAA Yk 9lI Il n S aft I — Lolf 6 i / v 1 1 •,. pa A 3t ACRC4 Y Ivy WOODROADROW II eI' x USYSYW asgta7E 1F_ M II aVm Malic6 u Ai O , e. tiM e\ I rasa! rasH' 1a' J Jb d. r" b. w xf an u0c fa6A s. a1 aa+.. ar• as va+ o-. •• ay- mb rc. n y v. b r ba nmsu. m ui+- u+ ec:a i es+ M. oc.. a zrz rn.. en. s sus ET p.. uxs. u.. we' z' wu z... r.n+ m• roixws.. uim SHE 4: m • biv.> ie: r••>•,_ n nee, r r w mr a. nn u. rvo aa. ci: m.. m.. x.. 0rv+> v- mz. rw; ip1 MMY i' ai BASE if LLAQE SEMIG RU- D. a PART ACC A RED" LAT R OF QOV T O TW LA CW rW AC, A p g YaIAOE S fthM_ TowW Y/ r" OF ' 8NOW" 88 VI LAQE, op SECT t TO 18 AT PAS 27, xapy fm P TKDI, 8TATE' o SMTK RAPM Se OF COLOR WEST OP T sheet 9 J aDO. HE QTN P. 4 saw. 1- r— r r7" i'i=' T"` mo°. 3/ o• r 0., eAOis ACRg f m"`"[ Y°.q'ye.„ r Float I 75' V 4 ? VlA f Cy4. 4wV 1 M OEM Y ' v YxY Y.O Yr rOl. 9 rde i r4' 1rR} YL f'•_ O Nr1. r TMb Y4 ti .. vv rvnYY OrYY pw. Y . xY. ri Y4xp li Tx I TE r aFv I r14. I.•} VYtI. IY x6p43x9 94x dap?4$wR x aP$a ?IId Qadd a9;$ai0ne8Sta 4ai?Rar' x 9.40 Form No 140292 t> 10117/92)N. ALTA ownW Pout/ 3. V 1100064P109200 p POLICY OF TITLE INSURANCE R ISM BY FirstAmerican 71 nsurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND x THE CONDITIONS AND STIPULATIONS,FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation,herein called M the Company,Insures,as of Date of Policy shown In Schedule A.against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: M1;o-d p 1 Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3 Unmarkelabilily of the title; 4 Lack of a right of access to and from the land The Company will also pay the costs, allorneys'lees and expenses Incurred in defense of the title,as insured, but only to the extent provided In the Conditions and Stipulations pYFTaP 4f U: iP 1P 1 FirstAmerican Ttlelnsurance Company jti b R BY PRESIDENT ATTEST 11*17Xt1t SECRETARY ats fyL6°9,i°1sd&'°dd T 0, o lemkieB?1yz9'og*9?v""s J- 2329613 EXCLUSIONS FROM COVERAGE land' does not include any property beyond the lines of the area described or The lollowing matters are expressly excluded from the coverage of[his policy and referred to in Schedule (A), nor any right, title, interest, estate of easement in he Company will not pay toss or damage, costs, attorneys' fees or expenses abutting streets, roads, avenues,alleys, lanes, ways or waterways, but nothing which arise by reason ol: herein shall modify or limit the extent to which a right of access to and from the 1 (a) Any law, ordinance or governmental regulation (including but not land is Insured by this policy limited to building and zoning laws, ordinances, or regulations)e) 'molflage': mortgage, deed of [rust, trust deed, or other securlto resldding,regulating,prohibiting or relating to(f)the occupancy,use. Instrument or enjoyment of the land; (It)the character,dimensions or location of 4 'public records': records established under stale statutes at Date of any improvement now or herealter erected on the land;(Iit)a separation Policy for the purpose of Impaling constructive notice of matters relating to real In ownership or a change in IN dimensions or area of the land or any property to purchasers for value and without knowledge With respect to Section parcel of which the land is or was a pad, or (iv) environmental i(a)(ty) of the Exclusions From Coverage, 'public records' shall also include protection, or[he eflacl of any violation of Ihese laws, ordinances or errvfronmen[al protection liens filed in the records of the clerk of the United Slates governmental regulations, except to the extent that a notice of the disir'hd court for the district in which the land is located enforcement [hereof or a notice of a defect, lien or encumbrance g) 'unmarketabili[y of the[life':an alleged or apparent matter affecting the resulting from a violation or alleged violation affecting the land has title to the land,not excluded or excepted from coverage,which would entitle a been recorded in the public records at Dale of Policy purchaser of the estate or fnleresl described In Schedule A to be released from the b) Any governmental police power not excluded by(a)above,except to the obligation to purchase by virtue of a contractual condition requiring the delivery extent that a notice of the exercise thereof or a notice of a defect,lien of of marketable title encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. 2 Rights of eminent domain unless notice of the exercise (hereof has been The coverage of this policy shall continue In force as of Date of Policy in recorded in the public records at Dale of Policy, but not excluding from favor of an Insured only so long as the insured retains an estate or interest in(he coverage any taking which has occurred prior to Dale of Policy which,would land,or holds an indebtedness secured by a purchase money mortgage given by be binding on the rights of a purchaser for value wilhoul knowledge a purchaser from the insured,or only so long as the Insured shalt have liability by 3 Defects,liens,encumbrances,adverse claims or other matters: reason of covenants of warranty made by (he Insured in arty transfer or a) created,suffered,assumed or agreed to by the Insured claimant; conveyance of the estate or interest This policy shall not continue in force In favor b) not known to the Company,not recorded in the public records at Date of any purchaser from the Insured of either(t)an estate or interest in the land,or of Policy, but known to the insured claimant and not disclosed in (ii)an indebtedness secured by a purchase many mortgage given to the Insured willing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under(his policy; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. c) resulling in no loss or damage to the insured claimant; The insured shall notify the Company promptly in writing(f)in case of any d) attaching or created subsequent to Date of Policy;or litigation as set forth in Section 4(a)below,(ii)in case knowledge shall come to e) resulting In loss or damage which would not have been sustained if the an insured hereunder of any claim of[file or interest which is adverse to the till insured claimant had paid value for the estate or Interest insured by this to the estate or interest,as insured,and which might cause loss or damage I* policy which the Company may be liable by vidue of this policy,or(iii)if title to the estate 4 Any claim, which arises out of the transaction vesting in the Insured the or interest,as Insured,is rejected as unmarketable If prompt notice shall not be estate or interest insured by this policy,by reason of the operation of federal given to the Company, then as to the insured all liability of[he Company shall bankruptcy, slate insolvency,or similar creditors'rights laws,that is based terminate with regard to the matter or matters for which prompt notice is required, on:provided, however,that failure to notify the Company shall In no case prejudice f) the transaction creating the estate or Interest insured by this policy the rights of any Insured under this policy unless the Company shall be being deemed a fraudulent conveyance or fraudulent transfer;or prejudiced by the failure and then only to the extent of the prejudice if) the transaction creating the estate or interest insured by Ibis policy 4. OFFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSUREDbeingdeemedapreferentialtransferexceptwherethepreferentialCLAIMANTTOCOOPERATE.transfer results from the failure: a) to timely record the instrument of transfer,or a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations,the Company.at itsb) of such t or lien creditordi hnparl notice to a purchaser torn value or a own cost and without unreasonable delay, shall provide for the defense of anjudgmentorliencreditorinsuredInlitigationinwhichanythirdpartyassertsaclaimadverselatheIdleor interest as Insured,but only as to those staled causes of action alleging a defect,CONDITIONS AND STIPULATIONS lien or encumbrance or other matter insured against by this policy The Company 1. DEFINITION OF TERMS.shall have the right to select counsel of its choice (subject to(he right of the The following terms when used in[his policy mean. Insured(o object for reasonable cause)to represent the Insured as to those stated a) 'insured':the insured named in Schedule A,and,subject to any rights causes of action and shall not be liable for and will not pay the lees of any other or defenses the Company would have had against the named Insured,those who counsel The Company will not pay any lees,costs or expenses incurred by the succeed to(he interest of the named insured by operation of law as distinguished insured in the defense of those causes of action which allege mailers not insured from purchase Including, but not limited to, heirs, disliibulees, devisees, against by this policy survivors, personal representatives, next of kin, or corporate or fiduciary b) The Company shall have the right, at its own cost, to institute and successors prosecute any action or preceding or to do any other ad which in its opinion may b) 'insured claimant':an Insured claiming loss or damage be necessary or desirable to establish the title to the estate or interest,as insured, c) 'knowledge'or"known':actual knowledge,not constructive knowledge or to prevent or reduce loss or damage to the insured The Company may take any or notice which may be Imputed to an insured by reason of the public records as appropriate action under the terms of this policy,whether or not 11 shall be liable defined In this policy or any other records which impart constructive notice of hereunder,and shall not thereby concede liability or waive any provision of this mailers affecting the land policy II the Company shall exercise its rights under[his paragraph,II shall do so® d) 'land': the land described or referred to in Schedule (A), and diligently improvements affixed thereto which by law constitute real properly The term c) Whenever the Company shall have brought an action or Interposed a Pnilry Party? OWNER ' S POLICY OF TITLE INSURANCE iuued by ATITLE COMPANY OF THE ROCKIES, INC. m agent for FIRST AatEmCAN TIT LE INSURANCE C061PANY SCHEDULE A Order No.: 0701996-0 Policy Number.12329613 Amount of Insurance: $224,000,000.00 Premium: $118,326.00 Date of Policy: March 2,2007 at 5:00 pm 1. Name of Insured: Base Village Owner LLC,a Delaware limited liability company This poUcy Is Issued contemporaneously with a$224,000,000.00 policy of Stewart Title Insurance Company and a$224,000,000.00 policy of Commonwealth Land Title Insurance Company,all such contemporaneously issued policies totaling$672,000,000.00 and It Is understood and agreed that for all loss or aggregate losses against which said policies protect, the Company shall bear only It's proportionate percentage share of any such loss,and In no event shall the Company be liable for loss in excess of the face amount of this policy. 2. The estate or interest in the land which is encumbered by the insured mortgage is: Fee Simple,as to Pnrcel A; Easement,as to Parcel B; Rights as Declarant,as to Parcel C. Leasehold Estate created by Lease between Brush Creek Land Company,LLC,a Colorado limited linbllty company,Lessor,and Base Village Owner LLC,a Delaware limited liability company,Lessee,by that certain Ground Lease disclosed by Memorandum of Ground Lease Sinclair Meadows)recorded March 2,2007,at Reception No.534998,as to Parcel D. 3. Title to the estate or interest in the land is vested in: Base Village Owner LLC,a Delaware limited liability company 4. The land referred to in this policy is located in the County of Pltkin,State of Colorado,and described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE"C"ATTACHED HERETO Counters' Zo: ; Authorized Officer of Agent Th- P.If—4 h„„Ird....t,..A. -.h„r....a ah..t..t.a.,.,......,.6..r Timer!Polity.Schedule C Ordcr Na 0701996-0 Legal Dexripilon PoOcr Na. J2329613 SCHEDULE C LEGAL DESCRIPTION The land referred to in this policy is located in the County of Pitkin,State of Colorado,and described as follows: PARCEL A: Lots 1 through 9,Inclusive, BASE VILLAGE P.U.D.,according to the Plat thereof filed February 2,2006 in Plat Book 77 at Page 30. PARCEL B: Those easements for the purposes of drainage and the construction,Installation,maintenance, repair and replacement of any and all drainage swales,lines,catch basins,systems and other drainage facilities that are a benefit to the land as created,defined and established by Declaration of Drainage Easement recorded February 2,2006,at Reception No.520488. PARCEL C: Together with the benefits of that certain General Declaration for West Village Snowmass-at- Aspen Area,Pitkin County,Colorado recorded June 1,1967,in Book 227 at Page 186 in the Records,as amended by that certain First Addition Declaration for West Village Snowmass-at- Aspen Area,Pitkin County,Colorado,recorded January 26,1968 In Book 233 at Page 4 in the Records,that certain Second Addition Declaration for West Village Snowmass-at-Aspen Area, Pitkin County,Colorado,recorded December 27,1968,in Book 238 at Page 413 In the Records, that certain Third Addition Declaration for West Village Snowmass-nt-Aspen Area,Pitkin County, Colorado,recorded November 13,1969,in Book 244 at Page 483 In the Records,that certain Fourth Addition Declaration for West Village Snowmass-at-Aspen Area recorded November 13, 1972,In Book 268 at Page 717 In the Records;that certain Amendment to General Declarations for West Village Snowmass-at-Aspen Area,KIND County,Colorado,recorded January 14,1976,In Book 307 at Page 657 In the Records;that certain Amendment to General Declarations for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado,recorded June 30,1978,In Book 350 at Page 773 In the Records,but excepting any rights of the"Operator of the Ski Area Facilitles" described therein,as assigned by the Assignment of Declaraot's Rights from Snowmass Land Company to Brush Creek Land Company,LLC,recorded December 29,1999,at Reception No. 439043 In the Records,as further assigned by the Assignment of Declarant Rights(Snowmass Base Village Development Parcel 1)among Brush Creek Land Company,LLC Aspen Skiing Company, LLC and IntrawestBrush Creek Development Company,LLC,recorded June 21,2006,at Reception No.525530 In the Records,as further assigned by that certain Assignment and Assumption of Declarant and Grantor Rights by and between Brush Creek Land Company,LLC and Base Village Owner,LLC dated February 28,2007,recorded March 2,2007,at Reception No. 534995 In the Records and as further assigned by that certain Assignment and Assumption of Declarant and Grantor Rights by and between Introwest/Brush Creek Development Company, LLC and Base Village Owner,LLC dated Febrruary 28,2007,recorded March 2,2007,at Reception No.534996 in the Records. Page 2 of 10 OwnerS PbUry-ScheduleC Order Na 070IP96.0 Legal Drrcrlarlon Polkv Na: J2719613 PARCEL D: Lot 18, FINAL PLAT SINCLAIR MEADOWS,according to the Plat thereof filed December 6,2005,in Plat Book 76 at Page 59. Page 3 of 10 Owna S Policy-Schedule B Orde,No 0701996-0 Policy No.. 2329617 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attomeys'fees or expenses)which arise by reason of.. THE FOLLOWING EXCEPTIONS AFFECT PARCELS A,B AND C 1. Intentionally Omitted. 2, Intentionally Omitted. 3. Encroachments,and any other facts which a correct survey would disclose and which are not shown by the public records. 4. Any lien,or right to lien for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 5 Intentionally Omitted 6 Taxes for the year 2007,a lien not yet due and payable. 7_ Right of the Proprietor of'a Vein or Lode to extract and remove his ore therefrom,should the same be found to penetmte or intersect the premises hereby granted,as reserved in United States Patent recorded January 30, 1917,in Book 55 at Page 545.(Affects All Lots) 8_ 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.(Affects All Lots) 9. Intentionally Omitted. 10 The burdens of the terms,agreements,provisions,conditions and obligations,but omitting any covenants or restrictions,if any,including,but not limited to those based upon race,color,religion, sex,sexual orientation,familial status,marital status,disability,handicap,national origin,ancestry,or source of income,as set forth in applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable law,as contained in General Declaration for West Village Snowmass-at-Aspen Area,Piddn County,Colorado recorded June 1, 1967 in Book 227 at Page 186;as amended,modified and supplemented by First Addition Declaration for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado recorded January 26, 1968 in Book 233 at Page 4,Second Addition Declaration for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado recorded December 27, 1968 in Book 238 at Page 413;Third Addition Declaration for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado recorded November 13, 1969 in Book 244 at Page 483,Fourth Addition Declaration for West Village Snowmass-at-Aspen Area recorded November 13, 1972 in Book 268 at Page 717;Amendments to General Declarations for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado recorded January 14, 1976 in Book 307 at Page 657;Amendments to General Declarations for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado recorded June 30, 1978 in Book 350 at Page 773;Assignment of Declara es Rights recorded December 29, 1999,at Reception No. 439043 and Assignment of Declarants Rights Snowmass Base Village Development Parcel 1)recorded June 21,2006,at Reception No. 525530, as to rights under Master Declaration of Protective Covenants for Snowmass-at-Aspen Residential Areas,Pitkin County Colorado recorded December 30, 1966,in Book 225 at Page 06 and as to rights under General Declaration for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado recorded June 1, 1967 in Book 227 at Page 186,as amended and supplemented as assigned by Assignment and Assumption of Declarant and Grantor Rights recorded March 2,2007 at Reception No.534996.(Affects Lots I and 2) 11. Easement and right of way for sewer lines and related appurtenances as granted by Snowmass-at- Page 4 of 10 Oimery Poncy-schedule B Ronihwd) Ordo No. 0701996.0 Pofi Na: J3329613 Aspen. a joint venture to Snowmass Water and Sanitation District by.Snowmass Water and Sanitation District OutFall Sewer Easement recorded January 19,1968,in Book 232 at Page 493,at Reception No. 129935. and as shown on the Survey entitled"AL.TA/ACSM Land Title Survey,Base Village Subdivision Lots 1-9 and Parcel 7 Woodrun Unit 5,Located in Section 1,Township 10 South,Range 86 West of the 6th P.M,Town of Snowmass Village,County ofPitkin,State of Colorado"dated January 22,2007,last revised February 16,2007,prepared by Tetra Tech as Project No.5294-001- 01 (the"Survey").(Affects Lot 1) 12. Easement and right of way for telephone and telegraph communication systems,as granted by Snowmass-at-Aspen to the Mountain States Telephone and Telegraph Company by Right Of Way Agreement recorded October 9, 1968,in Book 236 at Page 748 and 751,at Reception Nos. 132613 and 132614,as shown on the"Survey". (Affects Lot 1) 13. Those burdens contained in Easement Agreement between Snowmass American Corporation,a Delaware corporation and Snowmass Water and Sanitation District,a Colorado quasi-municipal corporation recorded April 22, 1971,in Book 254 at Page 831,at Reception No. 145287,the specific location of which is not defined,as shown on the"Survey". (Affects All Lots) 14, Easement Agreement between Snowmass American Corporation,a Delaware corporation and Snowmass Water and Sanitation District,a Colorado quasi-municipal corporation recorded April 22, 1971,in Book 254 at Page 837,at Reception No. 145288,the specific location of which is not defined. (Affects All Lots) 15. Those burdens contained in Agreement between Snowmass American Corporation,a Delaware corporation and The Snowmass Water and Sanitation District,a quasi-municipal corporation recorded September 28, 1971,in Book 258 at Page 164,at Reception No 147716. (Affects All Lots) 16, Intentionally Omitted. 17. Intentionally Omitted. 18, Intentionally Omitted. 19. Easement Agreement between the Snowmass Water and Sanitation District and Snowmass Corporation recorded March 14, 1978,in Book 344 at Page 701 recorded at Reception No. 202453, as shown on the"Survey".(Affects All Lots) 20. Easement and right of way for the purpose of installation,maintenance,operation,repair,alteration and replacement of underground pipelines,underground pumping equipment and other incidental underground facilities used for or in connection with its water and sewer utility systems,as granted by Snowmass American Corporation,a Delaware corporation to Snowmass Water and Sanitation District,a Colorado quasi-municipal corporation by instrument recorded recorded May 22, 1972,in Book 263 at Page 766 recorded at Reception No. 151726,as shown on the"Survey".(Affects Lots 2, 3,4 and 9) 21, Intentionally Omitted, 22. Intentionally Omitted. 23 Right of Way Easement Agreement(Snowmass Water and Sanitation District)between the Mountain States Telephone and Telegraph Company and Snowmass Corporation recorded April 25, 1978,in Book 346 at Page 745 at Reception No 203474,as shown on the"Survey".(Affects Lots 1,2,3,7,8 and 9) 24. ' Intentionally Omitted. Page 5 of 10 Owner's Policy-Schedule B(coodnued) Order No. 0701996-0 Policy No.. J2329613 25 Public Lands Dedication Agreement by and between die Town of Snowiness Village,a Colorado municipal corporation,and The Federal Deposit Insurance Corporation recorded July 1, 1988,in Book 567 at Page 862 at Reception No 301692.(Affects All Lots) 26. Easement and right of way for the purpose of ingress and egress and to construct,reconstruct,repair, change,enlarge,re-phase,operate and maintain an underground electric transmission or distribution line,or both,and related appurtenances,as granted by Snowmass Land Company,an Illinois general partnership to Holy Cross Electric Association,Inc,a cooperative corporation by Holy Cross Electric Association,Inc.Underground Right-of-Way easement,recorded May 28, 1991,in Book 646 at Page 989,at reception No.332969,as shown on the"Survey". (Affects L ots 1,2,3,4,5 and 6) 27, Intentionally Omitted. 28. Trench,Conduit and Vault Agreement between Aspen Skiing Company and Holy Cross Electric Association, Inc, recorded May 27, 1998,at Reception No.417301.(Affects All Lots) 29. Notice of Decision by Snowmass Village(as to Building 1)recorded November 10,2005,at Reception No 517313 (Affects Lot 1) 30, Intentionally Omitted. 31. Terms,agreements,provisions,conditions and obligations as contained in Town of Snowmass Village Town Council Ordinance No. 21 Series of 2004 recorded February 2,2006,at Reception No. 520481,as shown on the"Survey". (Affects All Lots) 32_ Easements,rights of way and all other matters as shown on the Plat of Base Village P.U.D.,filed February 2,2006 in Plat Book 77 at Page 30,at Reception No.520483,as shown on the"Survey". Affects All Lots) 33. Roadway License Agreement recorded February 2,2006,at Reception No.520484,as shown on the Survey" (Affects All Lots) 34. Subdivision Improvements Agreement for The Base Village Planned Unit Development recorded February 2,2006,at Reception No. 520485,as assigned by IntrawestBntsh Creek Development Company,LLC recorded March 2,2007,at Reception No.534997 (Affects All Lots) 35. Declaration of Trail Easement recorded February 2,2006,at Reception No.520487,as shown on the Survey". (Affects Lots 1,6,7 and 9) 36. Those burdens of the Declaration of Drainage Easement recorded February 2,2006,at Reception No. 520488,as shown on the"Survey".(Affects Lots I and 9) 37. Declaration ofFire Lane and Access Easement recorded February 2,2006,at Reception No. 520489, as shown on the"Survey".(Affects Lots 1,2,3 and 5) 38. Easement Agreement recorded February 2,2006,at Reception No.520490,as shown on the Survey".(Affects Lots 1 and 9) 39, Intentionally Omitted. 40_ Declaration of Utility Easements recorded February 2,2006,at Reception No. 520492,as shown on the"Survey'_(Affects All Lots) 41. Construction Easement Agreement recorded February 2,2006,at Reception No. 520493,as shown on the"Survey'.(Affects All Lots) Page 6 of 10 Owter)Poiky-Schrduk 0(rondnued) Order No. 0701996-0 Policy Na: J2129613 42. Base Village Restricted Housing Agreement recorded February 2,2006,at Reception No.520494,as assigned by IntrawesVBrush Creek Development Company,LLC recorded March 2,2007,at Reception No.534997.(Affects All Lots) 41 The burdens of the Base Village Development Agreement recorded February 2,2006,at Reception No.520495,as assigned by IntrawestBrush Creek Development Company,LLC recorded March 2, 2007,at Reception No. 534997. (Affects AU Lots) 44. Base Village Funding Agreement recorded February 2,2006,at Reception No. 520496,as assigned by IntrawestBrush Creek Development Company,LLC recorded March 2,2007,at Reception No. 534997. (Affects All Lots) 45 Base Village Services Agreement recorded February 2,2006,at Reception No. 520497,as assigned by IntmwestBrush Creek Development Company,L.L.0 recorded March 2,2007,at Reception No 534997 (Affects All Lots) 46, Intentionally Omitted. 47. Intentionally Omitted. 48. Intentionally Omitted. 49. Intentionally Omitted 50 Snowmass Village Record of Decision recorded August 31,2006,at Reception No.528065 (Affects All Lots) 51. Terms,agreements,provisions,conditions and obligations,but omitting any covenants or restrictions, if any,including,but not limited to those based upon mee,color,religion,sex,sexual orientation, familial status,marital status,disability,handicap,national origin,ancestry,or source of income,as set forth in applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable law,Declaration of Covenants,Conditions and Restrictions for Commercial Units recorded November 3,2006,at Reception No.530657,Intmtves0rush Creek Development Company,LLC recorded March 2,2007,at Reception No 534997. (Affects All lots) 52. Town of Snowmass Village Record of Decision recorded November 9,2006,at Reception No. 530879. (Affects Lot 1) 53. Town of Snowmass Village Record of Decision recorded November 9,2006,at Reception No 530880. (Affects Lot 7) 54. Town of Snowmass Village Record of Decision recorded November 9,2006,al Reception No. 530881. (Affects All Lots) 55. Town of Snowmass Village Record of Decision recorded November 9,2006,at Reception No. 530882. (Affects All Lots) 56. Intentionally Omitted. 57. Intentionally Omitted 58. Easement and right of way for electric lines and related appurtenances,as gmnted by The Snowmass Company,Ltd. to Holy Cross Electric Association,Inc.,by Holy Cross Electric Association,Inc. Right-Of-Way Easement recorded August 19,198 1,in Book 412 at Page 733 at Reception No. 234955,said easement being more particularly described therein (Affects Lots 1,4,6,7 and 8) Page 7 of 10 0imer J Poky-Schedule 0(coaanued) Older No. 0701996.0 Policy No.. J2329613 59- Amended and Restated Easement Agreement(Elk Camp Gondola/Funnel Bridge)recorded March 2, 2007,at Reception No.534980.(Affects Lots 1 and 2) 60 Amended and Restated Easement Agreement(Assay Hil Lift)recorded March 2,2007,at Reception No 534981.(Affects Lots 7,8 and 9) 61. Declaration of Restrictive Covenant by Base Village Owner LLC for the benefit of Aspen Skiing Company,L.L.C.,recorded March 2,2007,at Reception No.$34991 (Affects All Lots) THE FOLLOWING EXCEPTIONS AFFECT PARCEL D: 62. Intentionally Omitted. 63 Intentionally Omitted. 64. Encroachments,and any other facts which a comet survey would disclose and which are not shown by the public records. 65 Any lien,or right to lien for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 66 Intentionally Omitted. 67. Taxes and assessments for the year 2007 and subsequent years,a lien,not yet due and payable. 68. Right 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 September 21, 1892,in Book 55 at Page 30 and May 6, 1895,in Book 55 at Page 480. 69- 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. 70, Easement Agreement between Snowmass American Corporation,a Delaware corporation and Snowmass Water and Sanitation District,a Colorado quasi-municipal corporation recorded April 22, 1971,in Book 254 at Page 837 71. Intentionally Omitted. 72. Right of Way Agreement between Snowmass Corporation and The Mountain States Telephone and Telegraph Company recorded April 25, 1978,in Book 346 at Page 745,and as shown on the Final - Plat Sinclair Meadows Dated November 16,2005 and recorded December 6,2005,at Reception No. 518097(the"Plat'). 73. Intentionally Omitted. 74 Intentionally Omitted 75 Public Land Dedication Agreement between The Town of Snowmass Village,a Colorado municipal corporation and the Federal Deposit Insurance Corporation recorded July 1, 1988,in Book 567 at Page 862. 76. Intentionally Omitted. 77. Intentionally Omitted. Page 8 of 10 N mer4 Policy-Schedule B(conthnred) Ordrr Na 0701996.0 Polt No.: J2329613 78, Intentionally Omitted. 79 Intentionally Omitted. 80. Easements,rights-of-way and all other matters as shown on the Survey by William K.Wright,Drexel Barrell&Co,recorded February 17,2000,at Reception No.440616. 81. Trench,Conduit and Vault Agreement by and between Brush Creek Land Company,LLC and Holy Cross Energy,recorded November 5,2004,at Reception No.503880. 82. Grant of Easement and Development Agreement recorded December 6,2005,at Reception No. 518096. 83. Easements,rights of way and all other matters as shown on the Plat of Sinclair Meadows, filed December 6,2005 in Plat Book 76 at Page 59. 84, Restricted Housing Agreement recorded December 6,2005,at Reception No 518098. 85. Subdivision Improvements Agreement for Sinclair Meadows Planned Unit Development recorded December 6,2005,at Reception No.518099. 86. The burdens of the Development Agreement recorded December 6,2005,at Reception No. 518100. 87. Base Village Restricted Housing Agreement recorded February 2,2006,at Reception No.520494,as assigned by instrument recorded March 2,2007,at Reception No.534997. 88. The effect of any failure to comply with the terms,covenants and conditions of the lease or leases described or referred to in Schedule A THE FOLLOWING EXCEPTIONS AFFECT ALL PARCELS: 89. Deed of Trust,Assignment of Leases and Rents and Security Agreement from Base Village Owner LLC,a Delaware limited liability company to the Public Trustee of Pitkin County for the use of Hypo Real Estate Capital Corporation,as Administrative Agent,to secure$520,394,080.00,dated March 1, 2007,and recorded March 2,2007,at Reception No.535001. 90. Assignment of Leases and Rents recorded March 2,2007,at Reception No,535002. 91. Security interest under the Uniform Commercial Code affecting subject property,notice of which is given by UCC Financing Statement,from Base Village Owners LLC,debtor(s),to Hypo Real Estate Capital Corporation,secured party,recorded March 2,2007,at Reception No. 535003. 92. Disburscr's Notice by Hypo Real Estate Cnpital Corporation,recorded March 2,2007,at Reception No 535004. 93. Deed of Trust from Base Village Owner L.LC,a Delaware limited liability company to the Public Trustee of Pitkin County for the use of American Mortgage Acceptance Company and ARCap Real Estate Special Sitivations Mortgage Fund,1,L,C.,to secure$90,000,000.00 dated March 1,2007 and recorded March 2,2007 at Reception No. 535005, 94. Mezzanine Assignment of Leases and Rents recorded March 2,2007,at Reception No. 535006,given in connection with the above Deed of Trust. 95. Memorandum of Intercreditoiy Agreement by and between Hypo Real Estate Capital Corporation,as Agent, for the benefit of the Senior Lenders,and American Mortgage Acceptance Company and ARCap Real Estate Special Situations Mortgage Fund,L.L.C,as of March 1,2007,and recorded Page 9 of 10 Own&4 Polcy-Scheduk B(cmiinued) 07 daft. 070199" Policy Na: J2329613_ March 2,2007,at Reception No 535007. 96. Financing Statement from Base Village Owner L.LC,a Delaware limited liability company,debtor(s), to American Mortgage Acceptance Company and ARCap Real Estate Special Situations Mortgage Fund,LLC,secured party,recorded March 5,2007 at Reception No.535040 Page 10 of 10 ENDORSEMENT Attached to Policy No. J2329613 File No. 0701996 Issued by First American Title Insurance Company The Company hereby insures the insured against loss which the insured shall sustain by reason ofphysical,but not aesthetic damage to improvements existing on the land at Date of Policy of constructed thereon thereafter, resulting from the exercise subsequent to Date of Policy of any rights to use the surface of the land under the mineral interest referred to in Exception No.7 and 68 of Schedule B("the mineral rights"),subject,however, to the following terms and conditions: 1. The insured shall notify the Company promptly in writing in case knowledge shall come to an insured hereunder of any actual or threatened exercise of the mineral rights. 2. The Company shall have the right,at its cost,to take any action which in its opinion may be necessary or desirable in order for the Company to avoid or minimize the extent of its liability under this endorsement,including,but not limited to,any or all of the following: a) In the Company's own right,or,in the name of the insured for the Company's benefit to institute,prosecute and pursue to final determination,any proceedings at law or in equity, or before any municipal,administrative,or regulatory tribunal or board; b) In the Company's own right,or in the name of the insured for the Company s benefit, to compel the giving of security,bond or undertaking,by the person or persons from whom the insured is entitled by law to such security,bond or undertaking,and in the , same amount or amounts to which the insured or such borrower would have been so entitled had this endorsement not been issued;and c) To retain or be paid out of any such security, bond or undertaking, or out of any compensation or funds recovered by the Company orby the insured,such amount as will reimburse the Company for all payments made to the insured by the Company by reason of the insurance afforded by this endorsement, together with all costs and expenses incurred by the Company in connection therewith,including attorneys'fees. 1 No rights, benefits or defenses are intended to or shall be deemed to flow or be made available to any person or entity other than the insured by reason of the insurance afforded by this endorsement,and the insured agrees that all of the insured's rights and remedies against third parties relating to the subject matter- of this endorsement shall be deemed to have remained intact,in the same manner as if this endorsement had not be issued. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated,it neither modifies any of the terms and provisions of the policy and any prior endorsements,nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. First American 7711e Insurance Company By Authorized Signatory Colorado Form No I DO 31 (4/94) ENDORSEMENT Attached to Policy No. J2329613 File No._ 0701996 Issued by First American Title Insurance Company The Company hereby insures against loss which said insured shall sustain as a result of any exercise of the right of use or maintenance of the easement referred to in paragraph 7, 8, 13, 14, 15,28, 68 and 69 of Schedule B,over or through said land. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it.neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the. policy and any prior endorsements,nor does it increase the face amount thereof. FirstAmerican TTiide Insurance Company Authorized Signatory Colorado Form No 107 1(4A4) ENDORSEMENT Attached to Policy No. J2329613 File No. 0701996 Issued by FirstA»terican Titlelnsurance Company The Company hereby assures the insured that said land abuts upon a physically open street known as: Wood Road and Carriage Road as to Parcels A,B and C Gamble Way as to Parcel D(publicly dedicated but not yet constructed) and the Company hereby insures said assured against loss which said assured shall sustain in the event said assurances herein shall prove to be incorrect. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. First American Title Insurance Company sy:—- Authorized Signatory Colorado Fonn No 103 7(4/94) rrmotutinntsxr ATTAcmzvToroucvrro. J2329613 File No. 0701996 ISSUED ov First Arnerlean Title Insarance Company TheCompanybereby Insures the insured against loss ordamago sustained or Incurred bythe marred by reason of'. Any errvhnomeutal protection Ileu wMcb, at Data of Policy, is recorded to those records established under state statutes at Date of Policy for the purpose of Imparting construelive notice of matters relating to reel property to putcbasers Itr value and without knowledge,except as act fbrth In 9cbedulc H. This endorsement Is made a part oftbe policy and is sulded to ell ofthetermsandpmvislons thereof and of any prior endorsements thereto. Except to the extent expressly slated,It neither modifies my oftho terrnsand provisions of the policy and anyprior endorsement,nordoes itextend the effective dale of the policy and any prior endorsements,nor does It increase the lhce amount thereof. First Amerlcwi Me Insurance Company 3r- Authorized 8itYpatmy FA.Form 70(Modified-4115197) Modified CLTA Form 110.9(3/13/87) Modified ALTA Form 91(3127/97) Eovlroamental Protection Lien-Owners Policy ENDORSEMENT Attached to Policy No. J2329613 File No. 0701996 Issued by First American Title Insurance Company The Company assures the insured that said land is the same as that delineated on the plat of survey made by Tetra Tech on February 16, 2007, designated Job No. 5294-001-01, which is attached hereto and made a part hereof. (As to Parcels A,B and C) The Company hereby insures said assured against loss which said assured shall sustain in the event that the assurance herein shall prove to be incorrect. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. FirstAmerlcanTTittle Insurance Conipany Authorized Signatory Colorado Form No. 116.1 (1100) FuafAmericen 7711015smareel acipma, ENDORSEMENT Attached to Policy No. J2329613 Order No. 0701996 Issued By FIRST AMERICAN TITTLE INSURANCE COMPANY 1. The Mezmnlne tender is: and each successor In ownership of Hs loan(Mezzanine Loan's reserving,however,all rights end defensea as to any successor that The Company would have had against the Mezzanine Lender, unless the successor acquired The Indebtedness as a purchaser for vacua without knowledge of The asserted detect,Hen,encumbrance,adverse dabs or other matter Insured against by this policy as affecting Hilo to the estate or kderest In The land. 2 The Insured: s. assigns to the Mezzanine Lender the right to receive amounts oHrerwise payable to the Insured under This Polley,not to exceed the outstanding Mdebtedness under lire Mezzanine Loan;and b. agrees that no amandmerd of cr endorsement to this policy can be made wthout lire wrli en consent of the Mezzanine Lender except ea provided In Section 12(a)of the CondWons and Supwal oms. 3. The Company does not walve any defenses that t may have against the insured,except as expressly slated in This endorsement 4 N The ovant of a loss under the policy,The Company agraes that it will not assert the prD*IbnB of Exclusions from Coverage 3(a), ))or(e)to refuse payment to the Mazzonlne Lender solely by reason or The action or inaction or knowledge,as or Dale of Policy,of the Insured,provided: a_ the Mezzanine lender had no knowledge or the defect,lien,membranes or other matter creating or causing loss on Date of Policy. b. This ftmtation on the application or Exclusions from Coverage 3(a),(b)and(a)shall: I apply whether or not The Mezzanine lender has acqudred an interest(direct or Indirect)In the Insured either on or agar Date of Pocky,and H banord the Mezzanine Lender only Without benefiting any other individual or ardity that holds an Interest(direct or lndlrecQ in the insured or The land 5. In the event of a loss under The Policy,the Company also agrees That IT will not deny Hablfdy to the Mezmribm Lender on the ground Thal any or all or The ownership Interests(dlreot or khdtrect)In the Insured have been transferred to or acquired by the Mezzanine Lender,either on or after the Date of Path* S. The Mazzanbho Lender admawledgex Potc 1 FusrIssu; aaa 77116 rasmaaoe euarQOaP a that the amount of ins urenee under this policy shag be reduced by arty amount the Company may pay under any policy Insuring a mortgage to which exception Is talo=n In Schedule B or to which the Insured has aged,assumed,or taken subject or which Is hereafter executed by an Insured end which Is a charge or gar on the aerials or Interest described or milerrad to In Schedule A.and the erhounl so paid and be deemed a payment under this policy;and b, that the Company shag have the right to Insure mortgages cr other conveyances cf en Interest In the land,without the consent of the Mezmnbw Lander. 7. If the Insured,the Mormanine Lender or oilers have conFgding claims to all or pan of the loss payable under lie Polley,the Company may inlarplead the amount of the loss into Coal The Insured and the Mezzanne Lender shag be joIngy and severally gable for the Company's reasonable cost for the Inlarpleader and subsequent proceedings,Including adonneys'fees.The Company shag be entNed to payment of the sums for which the Insured and M—nine Lander are gable under the preceding sentence from the funds deposited Into Court,and I may apply to the Coat for their payment. S. Whenever the Company has settled a claim and paid the Mamnine Lander pursuant to this endorsement,the company shag be subrogsled and enlllled to all rights and ramedles that the Mezranlne lender may have against arty person orpropeny arising from the Measnina Loam However,the Company agrees with the Mezzanine Lender get n shag only exercise these rights,or any fight of the Company to indemnification,against the Insured,the Mer,=lne Loan burrower,or any guarantors of the Mancenine Loan after the Mezzanine Lander Ives recovered b principal,intoned.and costs of collectlen If a payment an account of a ckdm does rut fogy raver the Inca or lire 8rsiued clatmarrL the company drall be subrogated to all rights and remadlers of the Insured dalmant after the Insured debnant shag have recovered He principal,Interest,and costs of collection. This endorsement Is issued as part of the policy.Except ss ti axpnrssly slates,it does not(p moddy any of the terms and provisions of the posey,(in modlfy any prior endorsanerda,(DO extend the Dole of Posey or(M Increase the Amount of Insurance To the extent a provision of the policy or a prevlous endorsement Is Inconststenl with an express pro rlslon of this endorsement,this endarsemant controls.OtheMse,this endorsement is subject to all of the terms and provlslons of the policy and of any prior endorsements AGREED AND CONSENTED TD: By:Base Village Owner,LLC,a Delaware limited tlability company By.American Mortgage Acceptance Company and ARCap Real Estale Special Situations Modgga Furd, L.I_C. FJrstAmerican 77Ue frmurance Company Authorized Signatory PePC t C TA Term 124.1 Covmnats are Wmdiag Et1 onsr,MLTIT ATrACnxa TOTOLIGYM J2329613 ArrACmOmowte m. 0701996 Issm BY The C=Vmry Imams against toss or d®age sustained by the fasm by reason of Om tatare,as slum by the public records,oflbra enantsandDeclmmtRightdescribedmParcelC to be blmfmgupon all pmdeswim bave an interest in the real property described in the domments in the attacked Exhibit A to Eodorsemeal,and upon each successive ovmer. Thisandw mentdoesnotfusraoagainstlossordmnapsustainedbyaminsteadby remroa ofangofthefbDaadng: (1)17 mfafl ureof such emmoenisto bind a successive ownerwhoderives tide deouglc(a)a tax deed;(b)a fineclasure of a bond or irk(c)enforcement of a federal t>ar rare•,or(d)Imolaaptcy,as trustee or oQmrwiae;or(2)noupedoanmce of sly said covenants. This endorsement is issued as partof the policy.Except as It exp eady states,it does ant(7 rnodilymryofdmtcnwmdprovWomofam policy,(f)modffyacfprioreadmaemeats n eatald thebateofPolicyor"inmem the Amount ofbmowmTo the extentapn donoft)mpoliicyor a previous ondorsemact is faceasisleat with an expreem provision of this endorsement, this endoraaareatcontrols.Oft wise,this mdarsemeat issubjeato all oftlmteraBmal provisions ofam policy and of coy prior endomemcnI& Mrst A nedean ride Insurance Company 8Y: AUTHOWZD SOMMIty CLTA Perm 124.1 tars.1.11-Ma;ModW 2-16.ar splary ALTA Qma's a tam Porky ENDORSEMENT Attached to Policy No. CW9294354 Order No. 0701996 Issued By First American Title Insurance Company The Company insures the insured against loss or damage sustained by reason of any incorrectness in the assurance that, at Date of Policy: L According to applicable zoning ordinances and amendments thereto, Parcel A is classified Zone Article V, Division 3 of the TOSV Land Use and Development code. 2. The following use or uses are allowed under that classification subject to compliance with any conditions,restrictions,or requirements contained in the zoning ordinances and amendments thereto, including but not limited to the securing of necessary consents or authorizations as a prerequisite to the use or uses: The uses described in each of the"Use Charts"contained in the Base Village Planned Unit Development Guide,attached as Exhibit B to Town of Snowmass Village Ordinance No.21, Series of 2004 recorded on February 2, 2006, at Reception No. 520481 in the Records. There shall be no liability under this endorsement based on the invalidity of the ordinances and amendments thereto until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses. Loss or damage as to the matters insured against by this endorsement shall not include loss or damage sustained or incurred by reason of the refusal of any person to purchase, lease or lend money on the estate or interest referred to in Schedule A covered by this policy. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated,it neither modifies any of the terms and provisions of the policy and any prior endorsements,nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof_ First American Tile Insurance Company l By: y Authorized Signatory Colorado Form No. 123.1 (4/94) Revised 9/27/86, effective 6/1M defense as required or permitted by the provisions of this policy, the Company any litigation, and the policy shall be surrendered to the Company (of may pursue any litigation to final determination by a Court of competent cancellation Jurisdiction and expressly reserves the right,in its sole discretion,to appeal from b) To Pay or Otherwise Settle Wllh Parties Other than the Insured or With any adverse judgment or order the Insured Claimant d) In all Cases where this policy permits or requires the Company to t) to pay or otherwise settle with other parties lot or in the name prosecute or provide lot the defense of any action or proceeding,the insured shall an insured claimant any claim insured against under this poftcy,together with a, severe to the Company the right to so prosecute or provide defense in the action costs,attorneys'fees and expenses Incurred by the insured claimant which were or proceeding, and all appeals therein, and permit The Company to use, at its autirorized by lie Company up to the If=at payment and which the Company is option, the name of the insured for this purpose Whenever requested by the obligated to pay;or Company the Insured, at the Company s expense, shall give the Companry all it) to pay or otherwise settle with the insured claimant the loss or reasonable aid (i) in any action or proceeding. securing eviderre, obtaining damage provided for under this policy,together with any costs,aftomeys'fees and witnesses, prosecuting or defending tie action or proceeding, or effecting expenses incurred by the insured claimant which were authorized by the Company setilemerd.and(if)in any other lawful ad which In the opinion of the Company up to the If=of payment and which the Company is obligated to pay may be necessary or desirable to establish the title to the estate or interest as Upon me exercise by the Comparry of either of the options provided for in insured If the Company is pre)<d'rced by the fallure of the Insured to furnish the paragraphs (b)(i) or (fi), the Company's obligations to the Irmuad under this required operation,the Companys obligations to Ise insured under the policy policy for Ito claimed loss or damage, other Man the payments required to be shall terminate, including any IMily or obligation to dated, prosecute, or made sag terminate,Including any liability or obligation to defend,pmseade or continue any litigation, with regard to the matter or matters requiring such continue any litigation cooperation 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these This policy is a contract of indemnity claimant actual monetary loss or Conditions and Slipulalioms have been provided the Company,a proof of loss or damage by sustained r son of otters i su the insured y this policy who has suffered loss a damage signed and swam to by the insured claimant shall be furnished to the 0e by reason of mailers insured against by mis policy aM anry to the er tact herein described Company within 90 days after that insun d claimant shall ascertain the lads giving rise to the toss or damage The proof of loss or damage shall describe the defect a) The IiathOiry ot Ore Comparry sunder this policy shall not exceed lie leas)at. In, or lien or enraanbrance on the HIle,or other matter insured against by this m the Amount of Insurance stated in Schedule A,or policy which constitutes the basis of loss or damage and shall state,to the extent ti) the difference between the value of the Insured estate or interest as possible, the basis of calculating the amount of the loss or damage It the insured and the value at the insured estate or Interest subject to Ore dated,lien or Company Is prejudiced by the failure of the insured claimant to provide the encumbrance Insured against by this policy required proof of Ices or damage,the Company's obligations to the Insured under b) In the event the Amount of Insurance staled in Schedule A at the Date the policy shag ternhale, including any liability at obligation to deferred, of Policy is less than SO percent of the value of the Insured estate or interest or the prosecute,or continue any IOigalion,with regard to the matter or matters requiring full consideration paid for the land,whichever is less,or it subsequent to The We such proof of loss or damage. of Policy an Improvement is erected on the land which increases the value of the In addition, the Insured claimant may mesa"be reguired to submit to insured estate or interest by at Tract 20 percent over the Amount of InsuranC m minalion miler oath by any authorlmd representative of The Company and stated in Schedule A,lien this Policy is subject to the following: shall produce for examination,Inspection and copying,at such reasonable limes t) where no subsequent improvement has been made, as to any and places as may be designated by any authorized representative of The partial lass,the Company shall only pay the loss pro rata in The proportion that Company,all records,books,ledgers,decks,conwondeence and memoranda, the Amount of Insurance at Date of Policy bears to the total value of the insured whether bearing a dale before or after Data of Policy,which reasonably pedals to elate of interest at Dale of Policy;or the loss or damage Further, it requested by any authorized representative of the Q) where a subsequent impr mneml has been made,as to any partial Company, the insured claimant shall grant its permission, in writing, lot arty loss, the Company shall only pay the loss pro rata in the proportion that 120 aulhotized representative of the Company to examine, inspect and copy all percent of The Amount of Irsuranee stab in Schedule A bears to Me sum of the records,bDOkS,ledgers.Cledrs.correspondence and memoranda in the custody Amount of Insurance stated in Schedule A and Ile amount expended for the or central of a third party,which reasonably pertain to the loss or damage All improvement information designated as confidential by the insured claimant provided to the The provisions at this paragraph shall not apply to costs,allorneys'fees and Company pursuant to this Section shall riot be disclosed to others unless,In the expenses for which tie Company Is liable under this policy,and shall only apply reasonable judgment of the Company,it Is necessary in the administration of the to that portion of any loss which exceeds, in Ilie aggregate, 10 percent of the clam Failure of the insured claimant to submit lot o=ninalion under oath, Amount of Insurance stated in Schedule A produce other reasonably requested information or grant permission to secure c) The Company will pay only those costs,atomays'fees and expenses reasonably necessary information Irom third parties as required in this paragraph, incurred in accordance with Section 4 of these Condillons and Stipulations unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim B. APPORTIONMENT 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; II the land described in Schedule (A)(C) consists of two or more parcels TERMINATION OF LIABILITY. which are not used as a single site,and a foss is established affecting am or more In case of a claim under Ws poricy,the Company shag have the following of the parcels but not all, [he loss shall r t computed and willed pr a pro rata additional options. 0 basis as iI the Amoral of Insurance ceder this policy was divided pro rata as to the value on Dal of Policy of each separate parcel to the whole,exducive of any a) To Pay a Tender Payment of the Amount of Insurance improvements made subsequent to Date of Policy,unless a liability or value has To pay or lender paymef of tie amount of Insurance under[his policy otherwise been agreed upon as to each parcel by The Company and the insured at together with arty costs, attorneys' lees and expenses incurred by the insured the Itme of The issuance of this policy and shove by an express slatemenl of by claimant,which were authorized by the Company, up to the fire of payment or an endorsement attached to this policy leader of paymet and which the Company is obligated to pay Upon the exercise by the Company at this option,all Iiaability and obligations 9, LIMITATION OF LIABILITY. To the insured under[his policy,other than to make The payment required,shall a) 11 The Company establishes the lithe,or removes the alleged defect,lien terminate, including any liability at obligation to defend,prosecute,or continue or encumbrance.or cures the lack of a right of access to or from the hand,of cures pnlin"Pone 1 the claim of unmarketability of title,all as insured,in a reasonably diligent manner to pay only that part of any losses insured against by this policy which shall by any method,including litigation and the completion of any appeals tuerefrom, exceed the amou d, if any,lost to[he Company by reason of the impairment by It shall have fully performed its obligations with rasped to[hat mallet and shall the Insured claimant at the Company's right of subrogation not be liable for arty loss or damage caused thereby b) The Company's Rights Against non-insured Obligors. b) -In the event of any(ligation, including litigation by the Company or The Company's right of subrogation against noninsured obligors shall exist with the Comparry's consent, the Company shall have no liability for loss or and shall include, without limilalion, the rights of the insured to Indemnities, damage uniff there has been a Mal determination by a croup of competent guaranties,other policies of Insurance or bonds, notwithstannding any terms or Jurisdiction, and disposillon of all appeals therefrom, adverse to the title as eondflions contained in those instruments which provide for subrogation rights insured by reason of this policy c) The Company shall not be liable for loss or damage to any insured for 110ity vohntarlly assumed by the insured in settling any claim or suit without 14. ARBITRATION. the prior written consent of the Company Unless prohibited by applicable law,either the Company or the insured may demand arbitration pursuant to [he rifle Insurance Arbitration Rules of the 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF American Arbitration Association Arbitrable matters may include, but are not LIABILITY, limited to,any controversy or claim between the Comparry and the Insured arising All payments under gels policy,except payments made for costs,attorneys' out of or retailing to this policy,any service of the Company in connection with its W and expenses,stall reduce the amo n!of the insurance pro!ado issuance or the breach of a policy provision or other obligation All arbitrable matters when the Amami of Insurance is$1,000,000 or less shall be arbitrated at 11. LIABILITY NONCUMULATIVE. the option of either the Company o the insured All arbitrable mailers when the Amount of Insurance is in excess of$1,000,000 shag be arbitrated only when It is expressly understood that the Amount of Insurance under this policy agreed to by both the Company and the hmred Arbitration pursuant to this shall be reduced by arty amount the Company may pay under any policy imWing policy and under the Rules in effect on the date the demand for arbilration is made a mortgage to which exception is taken in Schedule B or to which the Insured has or, al the option of the Insured, the Rules in effect at Dale of Policy shall be agreed,assumed,or taken subject,or which is hereager executed by an insured binding upon the parties The award may include allomeys'fees only if the laws and which is a charge or lien on the estate or interest described or referred to In of the state in which the land is located permit a court to award allomeys'fees to Schedule A,and the amount so paid shall be deemed a payment under this policy a prevailing party Judgment upon the award rendered by the Arbilraloi(s)may be to the Insured owner entered in any count having jurisdiction thereof The law of the sites of the land shall apply to an arbitration under the Title 12, PAYMENT OF LOSS. Insurance Arbitration Rules a) No payment shall be made without producing this policy for A copy of the Rules may be obtained from the Company upon request endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shalt be fumished to the satisfaction of the 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT. wry, a) This policy together with all endorsements, it any,allached hereto by b) When Mbigly and the extent of loss or damage has been definitery,fxed the Comparry is the entire policy and mribacl between the insured and theInaaordamcewiththeseCondtiasandStipulations,the foss or damage shall Comm In interpreting any provision of this polfcg this policy shag be ed payable w(lbin 30 days thereafter construed as a whole b) Any claim of toss,or damage,whether or not based on negligence,and 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. which arises out of the status of the title to the estate or inlerest covered hereby or by any action asserting such claim,shall be restricted to this policya) The Company's Right of Subrogation. c) No amendment of or endorsement to this policy can be made except by Whenever the Company shall have stilled and paid a claim under this policy, a writing endorsed hereon or attached hereto signed by either the President,a all rights of subrogation shall vest in the Company unaffected by any ad of the Vice President, the Secretary, an Assistant Secrdary, or validating officer or insured claimant The Company shall be subrogaled to and be entilled to all rights authorized sfgualory of the Company and remedies which the insured claimant would have had against any person or properly in respect to the claim had this policy not been issued II n:quested by 16. SEVERABILITY. the Company the insured claimant shall transfer to the Company all rights and In the event any pravision of the policy is held invalid or unenforceableremediesagainstanypersonorproperlynecessaryinordertoperfectthisrightofunderapplicabletaw,the policy shag be deemed not to include that provision andsubrogallon.The insured claimant stag permit(he CmWny to sue,compromise all other provisions shall remain in full force and effect or settle in the name of the Insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies 17. NOTICES,INHERE SENT.If a payment on amxwunt of a claim does not fully cover the loss of the insured claimant,the Company shall be subrogaled to these rights and remedies All notices required to be given the Company and any statement in writing required in the proportion which the Company's payment bears to the whole amount of the to be furnished the Company shalt include the nernber of this policy and shag be loss addressed to the Company at t first Anne ican Way.Santa Ara.Calgomia 92707.or to the If loss should result from any act of the Insured claimant,as stated above, office which issued this policy that act shall not void this policy,but lie Cmity,in lei ererhl,shall M required POLICYOF TITLEIIV,SURANCE Policy Page 4 RELATED WESTPAC APPENDIX B APPLICATION FORM AND EVIDENCE OF PAYMENT OF FEES November 2008 Application for a Minor Amendment to the Base Village PUD TOWN OF SNOWMASS VILLAGE PLANNING DEPARTMENT Snownum Village Development Application Fee Agreement The Town of Snowmass Village has established a fee gructure for the processing of land use applications as described in the Base Rate Fee Schedule attached hereto. A flat rate fee is collected for land use applications based on the type of application submitted. Referral fees for other Town departments, agencies and Town consultants reviewing the application will also be collected. Applications will not be accepted for processing without the payment of the required base rate fee. The fees vary depending 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 brief description of the charge and review time incurred will be provided on the invoice. 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 may accrue and be billed additional administrative or review time following the final land use approval up to issuance of a Certificate of Completion or a Certificate of Occupancy or until the 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 permits) 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,I am 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): PUD Amendment For Bldg 8 Print Name: Pat Smith, Owner of RW,LLC Date: October 20,2008 Applicant or Authorized Representative BASE RATE FEE:$3,000.00 RECEIPT NO. Applicant billing address: Related WestPac,LLC_The Applicant is responsible for notifying Me Town Planning Department by U.S.Mail for 138 West Main Street any change in billing person or billing address: Snowmass Village Planning Department Aspen, CO 81611 P.O.Box 5010,Snowmass Village,CO 81615 CADocuments and SettingsNssbaconlD esktop\itW_9-OgWmin_Mod_9_23-B[DU8ffE AGRE.EMENr_FEE SCHEDULEdoc SNOWMASS VILLAGE PLANNING DEPARTMENT BASE RATE FEE SCHEDULE EFFECTIVE:JANUARY 1,2008 TYPE OF REVIEW BASE RATE FEE AEU Registration— Initial.................................................................... $ 300.00 AEU Registration—Annual................................................................. $ 100.00 ACU Registration— Ini tial................................................................... $ 200.00 Administrative Modification I............................ $ 600.00 Annexations.......:............................................................................ $ 5,000.00 O Appeal of Decision............................................................................ $ 600.00 Comprehensive Sign Plan.................................................................. $ 500.00 Excise Tax Application....................................................................... $ 500.00 Floor Area Calculation (Per Hour)......................................................... $ 180.00 Rezoning......................................................................................... $ 1,000.00 SPA or PUD Pre-Sketch Plan.............................................................. $ 750.00 SPA or PUD Sketch Plan.................................................................... $3,500.00 SPA or PUD Preliminary Plan - Minor.................................................... $ 5,000.00 SPA or PUD Preliminary Plan- Major.................................................... $6,500.00 SPA or PUD Final Plan—Minor............................................................ $2,000.00 SPA or PUD Final Plan—Major............:............................................... $3,000.00 SPA or PUD Minor Amendment............................................................ $3,000.00 SPA or PUD Major Amendment............................................................ $ 5,000.00 Special Review-Administrative............................................................ $ 1,000.00 Special Review- Other....................................................................... $ 1,500.00 Subdivision Exemption........................................................................ $ 1,250.00 Subdivision Preliminary Plan................................................................ $ 1,500.00 Subdivision Final Plat......................................................................... $ 1,000.00 Subdivision Plat Amendment............................................................... $ 1,500.00 Temporary Use Permit-Administrative .................................................. $ 300.00 Temporary Use Permit-Annual ........................................................... $ 500,00 Temporary Use Permit -Annual Renewal....................................... $ 200.00 Sign Permit .............................................................................. $ 100.00 Variance......................................:............I............................. $ 600.00 Vacation of Recorded Plat.........................................................1 $ 1,000.00 Zoning Plan Review— Minor................................................................ $ 700.00 Zoning Plan Review—Major................................................................ $ 1,500.00 Development, design, or other review not covered above..................... At Hourly Rates Hourly Rates When Review Costs Exceed Base Fee: TownStaff........................................................................................... $ 180.00 TownAttorney...................................................................................... $ 275.00 TownEngineer ..................................................................................... $ 155.00 PlanningDept. Secretary......................................................I................. $ 65.00 Notes: 1. Base Rate Fees do not include recording costs,which are at the applicants expense. 2. Malling,shuttle transportation for site visits, long distance phone charges, courier and copying expenses will be billed at Town cost. 3. Outside consultants or contract services retained as needed by the Town to process, review or administer the application will be reimbursed by the applicant. 4. The determination whether an application is major or minor for purposes of establishing the Base Rate Fee shall be at the sole discretion of the Planning Director based upon the nature of the application and/or the estimated number of hours required to process it. C'Mom ents and ScUingftbarnn\Desktop\ %V9-ORAdmttLMod9_23_BLDGSM ACREEMBNr FEE SCRBDULEdw 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: Name of Owner: Base Village Owner LL.0 Address: 123 West Main Street Phone:970-522-0556 Name of Applicant(if different than owner): Address: Phone: Address/Location of Property: EXISTING CONDITION INFORMTJON Original PUD Approval Date: BV PUD 2004 Present Zoning:MU-2 Lot Area(sq.ft) per BV PUD-Lot 3 Building Setbacks(sq.1L)per BV PUD—Lot 3 Allowable Floor Area Ratio per Zoning or PUD Plan:per BV PUD—Lot 3 Square Footage of All Areas Calculated as Floor Area by LUC:per BV PUD—Lot 3 Square Footage of Exempted Areas:per BV PUD— LA 3 Existing Building Height:per BV PUD—Lot 3 of ParkingSpaces and/or Parking Space/Bedroom Ratio: .75/unit Percent Open Space:per BV PUD—Lot 3 PROPOSAL DATA Refer to Section 1 Zoning(if requesting changes): Proposed Building Setbacks: Proposed Floor Area Ratio: Proposed Total Square Foota egofImprovements: Proposed Square Footage of Exempted Areas: Proposed Building Height: Proposed#of Parking Spaces and/or Parking Space/Bedroom Ratios Proposed Percent Open Space: GENERAL DESCRIPTION OF PROPOSED AMENDMENT(S): Refer to Section I SUBMISSION DATA REQUIREMENTS 1. Completed application,including statements of consistency with the applicable review standards. 2.Base Application Fee(See Fee Schedule).The base fee is the minimum fee for the type of review. The actual fee will be computed by the Planning Department based upon a staff hourly rate determined by the Town Planner to be an estimate of the fully allocated hourly tout of review of the application by the Town staff,plus the actual costs incurred by the Town in employing consultants,including attorneys&engineers performing services for the Town directly related to the application.The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Town Planner.Snowmass Village Municipal Code,Section 16•1. 3.Certificate of title and letter of consent from the owners in fee simple of the property to be revealed. 4.Affidavit of mailing and posting,copy of information mailed and the names and addresses of the owners to whom said information was mailed. 5. Improvement Survey prepared by a license surveyor within the last two years. 6.Site plan,including existing features,contours at 2' intervals,existing improvements,setbacks, building envelopes,property lines,general location of vegetation. 7.Development plan including proposed improvements,access,parking,landscaping,property lines, walkways,etc. 8. Building and floor plans,sections,elevations and roof plans. 9. Verification that the proposed improvements are not in primary constraint areas. 10.If rezoning is being requested,a petition in favor of the rezoning signed by either real property owners representing 90%of the land area included in the application,or certified board of directors of homeowners association representing the interests of the property(s)in question. ADDITIONAL INFORMATION MAY BE REQUESTED BY THE PLANNING DEPARTMENT TO MAKE A FAIR AND WELL INFORMED DECISION.NO APPLICATION WILL BE PROCESSED UNTIL ALL REQUIRED INFORMATION IS PROVIDED. RULES OF PROCEDURE Prior to formal submission of a request,the applicant shall meet with the Planning Department Staff in order to review the nature of the submission and the procedures that will be required in order to process the application. PUBLIC HEARING NOTICE 1. Upon receipt of the completed application and application fee,the Planning Office shall set a public hearing date to be held before the Town Council. 2. The Planning Department shall publish notice of the public hearing in the Snowmass Sun at least thirty(30)days prior to the hearing. 3. The applicant shall mail notice of the hearing at leas[thirty(30)days in advance of the public hearing to atl property owners within three hundred(300)feet of the affected property.The notice shall contain the fallowing information: a. A description of the proposed action with reference to the appropriate section of the Code pursuant to which the application will be processed. b. A description of the property affected. c. Any drawings or plans that detail the proposed action. d. A vicinity map showing the location of the property in Town. e. A Notice of Public Hearing from the Planning Department. E If the proposed action is a rezoning,the notice shall indicate what the present zoning is and what the new zoning will be and shall set forth the area and bulk requirements for the proposed zone as set forth in the area in Section 16 of the Code.Such notice shall also indicate the increase or decrease in gross residential density proposed and the increase or decrease in commercial space proposed. g. If the proposed action is for approval of a subdivision,the notice shall contain a description of the types of uses proposed and shall specify the gross residential density proposed. 4. The applicant shall submit to the Planning Department an affidavit of mailing and posting,copy of information mailed and the names and addresses of the owners to whom said information was mailed. DETERMINING PROPERTY OWNERS FOR THE PURPOSES OF PUBLIC HEARING NOTICE. The party responsible for such mailing shall utilize as the source of names and addresses of such owners the most current list of property owners on file with the Pitkin County Tax Assessor or an official list of owners maintained by condominium and homeowners association which is current within 30 days prior to mailing,or such other sources as approved in advance by the Town Planning Department.If any party responsible to give such notice follows the indicated procedures in good faith,the failure of any particular property owner or owners to receive actual notice shall not affect the validity of proceedings which require such notice. POSTING OF PROPERTY Posting of a public hearing notice shall be made by the applicant.A sign noticing the public hearing date, time,location,purpose,and address and telephone number of the Planning Department,shall be located in a conspicuous place on the property.The sign shall be[Wade of suitable waterproof material,shall not be less that twenty-two(22)inches wide by twenty—six(26)inches high,and shall be composed of letters not less than one(1)inch in height. REVIEW AND ACTION 1. Upon receipt and review of the complete application by the Planning Department Staff,the Planning Department shall then submit the complete application to the Planning Commission for review.The Planning Commission shall review the proposed amendment and make a recommendation for approval,approval with conditions,or denial prior to the public hearing. 2. Following mceipt of the Planning Commission's recommendations,Town Council shall either adopt an ordinance on first reading approving or approving with conditions of the PUD or SPA amendment,or adopt a resolution denying the amendment request citing specific reasons therefore. 3. Prior to second reading and final adoption of an ordinance,tite Town Council shall hold a public hearing.The PUD or SPA amendment ordinance shall be introduced fro final adoption on second reading no later than sixty(60)days after the receipt of the Planning Commissions recommendations.Failure of the Town Council to act shall constitute approval. 4. A proposed change that is not consistent with the Final PUD Land Use Plan and the Town Council findings require shall be subject to both conceptual and final plan review and approval. REVIEW STANDARDS IN RECOMMENDING APPROVAL BY TUB PLANNING COMMISSION AND IN GRANTING APPROVAL BY THR TOWN COUNCIL,EACH MUST RIND; 1. Circumstance relevant to the request have changed,or were unknown,since final planned unit development plan approval; 2. The amendment will not increase any of the maximum limits or decrease any of the minimum limits established in Section 16-175 of the Code; 3. The proposal is consistent with the cfficiont development and preservation of the entire PUD and does not affect in a substantially adverse manner either the,enjoyment of the land abutting upon or across the street from the property in question or the public interest;and 4. The amendment,if granted,will not alter the essential character of the locality. VCIN39V ONUIIN0-1 6002 ozAjvnNVr DHi2i0J 8 ' ONW3112i0J iNEINHOViiV V#/l1-Y0 January 20, 2009 Town Council Meeting Agenda Item No. 8 Building 13B Minor PUD Amendment HANDOUT: 11" X 17" color copies of the Exhibit "A" documents RELATED WESTPAC MEMORANDUM To: Chris Conrad From: Kirk Funkhouser Date: January 15, 2009 RE: Added Employee Housing for Buildings 13A/B Cc: Dwayne Romero Jim D'Agostino Scott Stenman Chris, Pursuant to direction received at the last Town Council meeting, Related WestPac has identified the following solution to the additional 559sf of Employee Housing (EH) required for Buildings 13A and 1313: We will need to reduce the unit count of our market rate inventory by the one unit that will become an EH unit. This reduces the EH requirement as follows: 0.38 x 0.45 x 448sf= 76.1 sf 559sf— 76.1 sf=483sf additional required EH In Building 13B, Second Floor, we propose converting the A 10 studio unit type to EH. This unit is currently 432sf and we will enlarge the unit by moving its demising walls to meet the 448sf minimum requirement. It will also be redesigned to provide required amenities. This leaves a shortfall of 35sf to meet the 483sf required. 13B will have twenty-five studios versus fourteen approved. The 35sf of additional required EH will be achieved by enlarging one or more of the existing EH units in Building 13B. The corridor along these units is approximately T-0" wide and we propose relocating the EH unit demising wall into the corridor to increase the EH unit size by a minimum of 35sf. The corridor will remain at least 6'-0" wide. Please refer to the attached two floor plans and feel free to call me with any questions. Attachments: Building 13B —Village Level Plan, hand dated 1/15/09 Building 13B — Second Floor Plan, hand dated 1/15/09 STUDIO I See Exhibit 1 Section A and B IBEDROOM Y O 2 BEDROOM FlHnlnual 2 BEDROOM vifh LOCKOFFS nS. b. Ia 3 BEDROOM C° 41d0 um cl 3 BEDROOM wlih LOCK- OFFS AIB LOCK- OFF Clkhc J l N O CIIa J\ A13 0 tocb CD E,5 B16 0 CM Cn U At5 h\ a-. A, f V Cu Cz B12 1 0 m Ayr All to osE Gvl1. lEIZ71/ J/ l D11 Fi+OA w ) 11) 280 1 1, O 1 DRAM - IO Era , u6 zt s cu 1jq s" rATA FAi: . e.; TS FRdI ' '-! 3Z 5P rn DATE, 101201, c J fF11sf r` u] Nu DW-V f BTTLDAft4L18SEODUDFLOOR Second Floor Plan of / s / off A2. 04 r SECOND LEVEL FLOOR PLAN - PROPOSED r7 RELATEDWESTPACI SNOWMASS BASE L4 132. 00 November 5, 2008 Lsruoro1BEDROOM See Exhibit 1 Section D 0 2BEDROOM r Y 2 BEDROOM with LOCK- OFFS 3 BEDROOM 3 BEDROOM with LOCK- OFFS L C14 82C LOCK- OfF B21 DVJ EH N CTJ o EH U7 2' U) C) o EH Poste rgcV, Nti 74f U) ° f r1rllsiNt wALA- 1uTa E E ate. i_. . E GojC9+ D6K- To Rte{ 3 m EN 954- f; BF A P710A4 E- H O cn co 622\ Cz E PR61. W. 511! 2DO DFAN4 L XED 6 pm CAW RF Orq DATE'. ID/ M/p IEKS[ n4 QOi AVQIIIECIIIF! LIM 16P 044, a WET DrIF BIMhF 138 ALLAGE LEA n VI1_ Sa Level Floor Plan ec InK < E,WSHFEI r:W.c;c Dl / 15/ 09 A2r03 RELA` T' ED VILLAGE LEVEL FLOOR PLAN - PROPOSED WESTPAC J/ Buildingl3B 0 November 5, 2008 January 20, 2009 Town Council Meeting Agenda Item No. 8 Building 13B Minor PUD Amendment HANDOUT: 11" X 17" color copies of the Exhibit "A" documents RELATED WESTPAC MEMORANDUM To: Chris Conrad From: Kirk Funkhouser Date: January 15, 2009 RE: Added Employee Housing for Buildings 13AB Cc: Dwayne Romero Jim D'Agostino Scott Stenman Chris, Pursuant to direction received at the last Town Council meeting, Related WestPac has identified the following solution to the additional 559sf of Employee Housing (EH) required for Buildings 13A and 1313: We will need to reduce the unit count of our market rate inventory by the one unit that will become an El-1 unit. This reduces the EH requirement as follows: 0 0.38 x 0.45 x 448sf= 76.lsf 0 559sf— 76.I sf=483sf additional required EH In Building 13B, Second Floor, we propose converting the A10 studio unit type to EH. This unit is currently 432sf and we will enlarge the unit by moving its demising walls to meet the 448sf minimum requirement. It will also be redesigned to provide required amenities. This leaves a shortfall of 35sf to meet the 483sf required. 13B will have twenty-five studios versus fourteen approved. The 35sf of additional required EH will be achieved by enlarging one or more of the existing EH units in Building 13B. The corridor along these units is approximately T-0" wide and we propose relocating the EH unit demising wall into the corridor to increase the EH unit size by a minimum of 35sf. The corridor will remain at least 6'-0" wide. Please refer to the attached two floor plans and feel free to call me with any questions. Attachments: Building 13B—Village Level Plan, hand dated 1/15/09 Building 13B—Second Floor Plan, hand dated 1/15/09 STUDIO See Exhibit 1 Section A and B I BEDROOM2BEDROOM FIN 111111G[ 2 BEDROOM with LOCK- OFFS 3BEDROOM E C C11a 3 BEDROOM with LOCK OFFS fI A16 LOCK- OFF h. C16_ Au AI3 C6 E 613 ccp 616 CV 62 1 00 m O 7 M AI7 f__C/ )+ J \ 111r A10 pPOSE Gl7tJ 1E- fZ` T7tJLj 79L cu o sauzm t;p C" FLC Ay 11 s Q . n FRor I I Z sp a B.,[. topo/ m 1 REW" T y—( BSf , AAA. 1n DE52riI- III. l!-) i` ° .. jz" w Rte.- a " 1 FAA i_ n E S r poz r i 1 EWE Lt.EWwwWE? flu 6uMnp 138SECOtroFEOOR Second Floor Plan uc uu. pr. r-a Rr = ,- o O / is / oy A2. 04 RELATEDj SECOND LEVEL FLOOR PLAN - PROPOSED 7 WESTPACI November 54 13200 2008 SiVDNO I IBFDROOM See Exhibit 1 Section D 2BEDROOM IFf fVi {I/J7/ J fl{ 2 BEDROOM yith LOCK- OFFS 3 BEDROOM f 3 BEDROOM vIilh LOCK- OFFS CU 9 LOCK- OFF Bii 1 CI{ F nCz CTS A25 O n U 2oPof toVl1 j n4E: n B21 I r Go+ f- V9- To WA44 te o m A CO e" 35sF of waF 7roA E+ 1 O c - Cf) EN621 No. 51132M P. dY: -LRED FLE'. mq PAT: 1"/ N b. DENSOOS:Bn3 W. Diag m WE nW. 64aw 13B VILLAGE LEVEL Village Level Floor Plan 41[ EF M1NSBL o is o9 A2. 03 rRELATED VILLAGE LEVEL FLOOR PLAN - PROPOSED WESTPACj J SNOWMASS BASE VILLAGE BuildinglM J 2008