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02-02-09 Town Council Packet021 N PA &KE SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA MONDAY, 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: ARTS ADVISORY BOARD 2009 BUDGET AND WORK PLAN Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Approve the Arts Advisory Board's 2009 Budget and Work Plan. Jason Haber......................................................Page 1 (TAB A) Item No. 5: ENVIRONMENTAL SUSTAINABILITY PLAN Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Adopt the Snowmass Village Environmental Sustainability Plan Jason Haber.......................................................Page 5 (TAB B) Item No. 6: PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 2 SERIES OF 2009 BUILDING 8, BASE VILLAGE PUD Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Approve second reading, modify, or deny Ordinance No. 2, Series of 2009 Jim Wahistrom/Chris Conrad..................................Page 29 (TAB C) Item No. 7: RESOLUTION NO. 4. SERIES OF 2009, SUBDIVISION EXEMPTION: LOT 3. BASE VILLAGE Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Review, approve, modify or deny Resolution No. 4, Series of 2009 Chris Conrad............................................................Page 127 (TAB D) 02=02-09 TC Page 2 of 2 Item No. 8: 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 136 (TAB E) Item No. 9: MANAGER'S REPORT Time: 10 minutes) Russell Forrest ..................................................Page 151 (TAB F) Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 154 (TAB G) Item No. 11: APPROVAL OF MEETING MINUTES FOR: AUGUST 20, 2007 AND DECEMBER 15. 2008 Page 156 (TAB H) Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 178 (TAB 1) Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Aaarox 3 hours and 55 minutes excluding items 1.3 and 10 —131 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: Jason Haber, Economic Resource Director DATE: February 2, 2009 SUBJECT: ARTS ADVISORY BOARD 2009 BUDGET AND WORK PLAN I. PURPOSE AND ACTION REQUESTED OF COUNCIL A. Receive a presentation from the Snowmass Village Arts Advisory Board (SAAB) concerning their 2009 Budget and Work Plan; B. Appropriate existing funds in the amount of $127,125.90, which have been accumulated In various Arts Advisory Board accounts for the purposes described in the 2009 Spending/Operating Plan, as described in the attached letter to Council dated January 18, 2009. II. DISCUSSION The Arts Advisory Board has submitted a letter to Council dated January 18, 2009 attached). The letter provides a status report concerning several ongoing Board initiatives, as well as an outline of the Board's adopted 2009 Spending/Operating Plan. The Board is asking that Council appropriate available funds to be spent in accordance with the proposed plan. III. STAFF RECOMMENDATION That Council receive the Arts Advisory Board presentation and appropriate existing funds in the amount of$127,125.90, which have been accumulated in various Arts Advisory Board accounts for the purposes described in the 2009 Spending/Operating Plan, as described in the attached letter to Council dated January 18, 2009. January]8, 2009 Members of the Snowmass Village Town Council Town of Snowmass Village. PO Box 5010 Snowmass Village, CO 81615 Dear Friends, I hope this letter finds you well. The Arts Advisory Board of the Town of Snowmass Village would like to provide you with a report on the status of our current projects in preparation for our meeting scheduled of February 2, 2009 and to seek your approval of the allocation/expenditure of funds in accordance with our existing plan. At the outset, I have to note that your Arts Advisory Board has worked very hard over the past year to provide you with the best counsel on how to promote and stimulate arts and culture in the town of Snowmass Village. Like you, the Board is composed of hard working volunteers who give much of their own free time in community service. Each person is an active and contributing member of the Board with a specific area of responsibility. The Board meets monthly for several hours and also has numerous committee meetings between Board meetings. Our work is directed through a thoughtful Strategic Plan and Master Plan, approved by the Council, devised several years ago that has helped to shape our activities. All activities are consistent with the charge set out in the Town Ordinances. Specifically, we would like to report on the following items: 1. Town Hall Sculpture by Michael Clapper. As you remember, last October we presented to you a proposal to have Denver based artist Michael Clapper create a piece for the front of Town Hall. You voted to move ahead with that piece and allocated the first$5,000 to have the schematics begun. Once Town Hall staff finalizes the contract with Mr. Clapper, we can move forward with this first phase. Outstanding is the finalization of additional funding for the piece, which is estimated to be a neighborhood of an additional $50,000. TOWn of Snowfliass Village - P.O. Box 5010 Situwmass villaue, Colorado 81615 - phone 970.923.3777 - fax 970.923.6083 - www.tasy.com 2. 2009 Spending/Operating Plan. Consistent with the Board's mission to advise the Council regarding the creation of public art and education of the public, the Board proposes a 2009 Spending/Operating Plan as follows: Opening Balance 132,125.90 Sources: Annual allocations from Council [$25,000 accumulated over five years]; $81,434.78 net proceeds from Paver sales; 24,691 from chair sales; and$1,000 from Rotary.) Previously allocated by Council 5,000 Initial expenses for Town Hall piece Proposed additional expenditures: Paver project Reserve 4,000 Additional install,repair $1,500 Town Hall Piece Half of estimated cost 45,000 5,000 has already been allocated) Project expenses 2,000 New pieces of public art 55,000 Education of public 2,500 Promotion of public art . 2,500 Support of performing arts 1,000 Signage for public art 5,000 Art bench project 3,000 Reserve 5,000 Unallocated balance 625 Therefore the Snowmass Village Arts Advisory Board recommends that the Council allocate the amount$127,125.90 to be spent in accordance with the above plan. 3. Arts and Culture Section of Comprehensive Plan. As the Council is aware, the Board has been working with town staff and other committees to develop the section of the town Comp Plan pertaining to the development of arts and culture in the town of Snowmass Village which is a viable aspect of the town's economic vitality. We strongly urge you to review this section and encourage your endorsement. 4. Town-wide Art Acquisition Policy. Many towns have written polices which establish guidelines for the acceptance of works of art by the town. We are in the process of preparing such a plan for your approval to be used by the town. This policy will provide all of us with the framework for making decisions about which pieces of work we should accept so that none of us are in the position of individually makes acquisition decisions on behalf of the town. 5. Continued Fundraising. As laid out about,much of the funding for the Board's work to commission new pieces of art and to educate the public is done through our own fundraising. We have found great success with our engraved pavers program. The success of this program is directly tied to the countless number of volunteers hours devoted to the project by SAAB members and to the generosity of Related Westpac. At present,we believe that more pavers can be sold and installed,netting additional income for the Board's future activities beyond 2009. It is our intention to begin anew campaign to sell more pavers starting in Fall 2009 and going forward through next winter. It is a pleasure to serve the town in this fashion as we collectively work to make arts and culture more a part of life and vitality in Snowmass Village. We look forward to meeting with you on February 2, 2009. Best wishes, Hunter O'Hanian Chair, Town of Snowmass Village Arts Advisory Board HOHanian(@AndersonRanch.org MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: February 2, 2009 SUBJECT: Environmental Sustainability Plan I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL A. To adopt the Snowmass Village Environmental Sustainability Plan, and B. Direct staff to pursue the 2009 Environmental Implementation Plan, and C. Direct staff to provide Council with a biannual Environmental Progress Report and Environmental implementation Plan Update. II. DISCUSSION The Snowmass Village Environmental Sustainability Plan is synthesized directly from community input received during a public workshop process held in July of 2008, and through follow-up work with staff from each Town department, as well as from special districts and local non-profits serving Snowmass Village. A detailed discussion of 'Background and Process" is provided within the document itself. The purposes for adopting an Environmental Sustainability Plan are to acknowledge the environmental characteristics that we, as a community, want to preserve for future generations, and to chart a path toward realizing our desired environmental legacy. The Town recognizes that a long-range perspective and commitment to the stewardship of this community require that we assume responsibility for preserving our natural environment. It is further understood that doing so is essential to the ongoing success and sustainability of our village. The Environmental Sustainability Plan presents a clear set of Environmental Goals and a broad collection of Implementation Concepts that address our shortcomings and identify opportunities to improve our environmental track record. Selection Criteria are provided to assist in prioritizing these concepts for funding and implementation. This document is intended to define a work plan for the Town organization, and is not being proposed as a regulatory tool. The plan does; however, include Implementation Concepts that could lead to the adoption of new regulations in the future. As such, staff recommends that Council pass a motion adopting the Snowmass Village Environmental Sustainability Plan. III. 2009 ENVIRONMENTAL IMPLEMENTATION PLAN Of course, adopting this plan is only the first step in a process that will require an ongoing commitment and dedication to its implementation. Therefore, it is also recommended that Council direct staff to pursue an immediate undertaking of the 2009 Environmental Implementation Plan. Oversight of this initiative will be assigned to the Town's Economic Resource Director. In consideration of the Town's current economic climate and the budget realities for 2009, the proposed 2009 Environmental Implementation Plan focuses on continuing those efforts already being incorporated into our standard departmental operating procedures, along with several new Implementation Concepts with little to no associated costs. It is suggested that several regulatory and policy development efforts would be pursued under this plan, along with various operational, evaluative, educational, collaborative, and strategic planning efforts. IV. BIANNUAL REPORTING Finally, it is recommended that staff be directed to return to Council in June 2009 (and every 6 months thereafter) with an Environmental Progress Report, and an Environmental Implementation Plan Update. These reports will provide information regarding implementation progress made to date, an analysis of various environmental performance indicators (i.e., carrying capacity thresholds, consumption and emissions levels, etc...), along with recommendations on which Implementation Concepts should be pursued (and funded, as economic conditions warrant) in the subsequent year. V. ATTACNMMENTS Snowmass Village Environmental Sustainability Plan — Goals, Implementation Concepts, and Selection Criteria 2009 Environmental Implementation Plan 1 1 ENVIRONMENTAL SUSTAINABILITY PLAN February 2, 2009 Introduction The Town of Snowmass Village recognizes that preserving our natural environment and confronting global climate change are fundamental to the ongoing success and enjoyment of our resort community. This Environmental Sustainability Plan is intended to bring ecological awareness into all aspects of Town governance, and to encourage the development and implementation of projects, programs and operational practices that engender pride in our community's environmental performance. In recognition of those issues, which the community has deemed most critical to our sustainability, the plan is built around the following topics: 1. Energy Conservation and Climate Protection 2. Affordable Housing and Community-Serving Commercial 3. Land Use and Open Space 4. Water 5. Resource Conservation, Recycling and Solid Waste 6. Green Building 7. Mobility and Transportation 8. Watershed Water Quality 9. Air Quality 10. Wildlife Habitat and Physical Environment Specific Goals and a broad collection of Implementation Concepts are presented under each of these headings. A set of Selection Criteria is provided to help the community prioritize resource allocations and implementation efforts in pursuit of those Goals. And finally, the 2009 Environmental Implementation Plan is presented to outline the various initiatives to be pursued in the coming year. Background and Process In January 2008 a local citizens' group requested that the Town Council approve funding to develop an Environmental Sustainability Plan for Snowmass Village. The Council made the necessary appropriations and engaged the Rocky Mountain Institute to help facilitate a public process and collect community input on the topic. In July 2008, more than 50 Snowmass Village and Roaring Fork Valley community members convened to participate in a series of public workshops focused on identifying and prioritizing community environmental issues, problem areas, and goals. In addition, performance objectives were discussed and potential action items were identified. Finally, a set of selection criteria was developed to help the community prioritize action items for implementation. On August 4, 2008, Council reviewed an initial draft of the Environmental Sustainability Plan and requested that staff provide recommendations concerning the various implementation concepts and additional details describing how this plan would be put into action. On February 2, 2009, this Environmental Sustainability Plan will be presented to Council for further consideration. Staff is recommending that Council formally adopt the document and direct staff to carry out the proposed 2009 Environmental Implementation Plan. Going Forward The citizens of Snowmass Village have spearheaded this effort because we know it's the right thing to do. However, the success of this plan will be governed by our commitment to implementing it. Within the Town organization, responsibility for this plan will lie with the Town's Economic Resource Director, who, in collaboration with the Town Council, other Town departments and the community-at-large, will lead our efforts to accomplish the various initiatives that are selected for implementation. As funding and staff resources are made available, the appropriate Town departments and other community partners will be convened to develop implementation strategies for the selected Implementation Concepts. A critical component of success will be to involve the citizens of Snowmass Village and other community partners beyond the Town organization. This will require extensive data sharing and educational efforts, combined with an aggressive marketing and volunteer recruitment campaign. In addition, the Town will continuously seek community feedback and suggestions concerning our sustainability initiatives. This plan is intended to be a living document that will evolve over time. Each of the Goals and Implementation Concepts are intended to help accelerate the community's progress toward environmental sustainability. It is hoped that the results emerging from this effort will address our shortcomings and capitalize on opportunities to be better stewards of our natural environment. Snowmass Village Environmental Sustainability Goals 1. Energy Conservation and Climate Protection A. Significantly reduce consumption of non-renewable energy and fuels. B. Increase use of locally generated, non-polluting, renewable energy. C. Significantly reduce greenhouse gas emissions. 2. Affordable Housing and Community-Serving Commercial A. House as many Snowmass Village employees as want to live within Town limits. B. Build new and update existing affordable housing using energy efficient, green construction practices incorporating renewable energy generation systems. C. Increase Inventory of affordable commercial space and community-serving retail businesses offering basic supplies for residents. 3. Land Use and Open Space A. Adopt land use regulations promoting development that is consistent with the Town's energy conservation and environmental sustainability goals. B. Preserve quality of existing open space and increase acreage of protected lands. 4.Water A. Ensure adequate water availability to meet current and future demand, and to serve new development, while maintaining healthy aquatic systems. B. Promote conservation mentality and secure adequate storage facilities to eliminate need for water restrictions. 5. Resource Conservation. Recvclina and Solid Waste A. Reduce per capita waste generation and increase use of environmentally friendly consumer products. B. Increase long-term capacity(lifespan)at the Pitkin County landfill. C. Maximize efficiencies in waste collection, hauling, and sorting systems. 8. Green Building A. Increase energy efficiency and the use of renewable energy in new and existing construction. B. Adopt regulations requiring sustainable design and the use of green building materials in new construction. 7. Mobilky and Transportation A. Develop an integrated mobility strategy that minimizes single occupancy vehicle trips by providing attractive, safe and convenient transportation alternatives. 8.Watershed Water Quality A. Minimize negative impacts to watershed water quality. B. Improve water quality in Brush Creek to eliminate its Roaring Fork Conservancy designation as an Impacted"waterway. 9. Air Qu II A. Minimize airborne dust and other pollutants, including building and vehicle emissions. B. Stay within allowable Pm10 levels at all times. 10. Wildlife Habitat and Physical Environment A. Minimize negative impacts to wildlife habitat and migration corridors. Snowmass Village Environmental Sustainability Implementation Concepts Implementation Concepts"represent a broad collection of Ideas identified to help the community reach Its environmental Goals.Implementation Concepts will be selected for Inclusion in an"Environmental Implementation Plan"as priorities dictate,and as resources are made available.) 1 . ENERGY CONSERVATION AND :CLIMATE PROTECTION IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST' I. Establish a granUrebate/subsidyprogram using' Renewable Energy,Offset Program (REOP)funds BUILDING, CORE, to Incentivize and assist In Implementing ECONOMIC HOLY CROSS renewable energy generation projects and energy j RESOURCES efficiency upgrades. FINANCE (HUMAN RESOURCES), 2. Create incentive program to encourage Town TRANSPORTATION, employees to carpool and use public ECONOMIC RFTA transportation to get to work. RESOURCES, PUBLIC WORKS FLEET MARKETING- SPECIAL EVENTS), 3. Produce"Energy Faid event in Snowmass BUILDING, PUBLIC HOLY CROSS, WORKS (FLEET, 'SOURCE GAS, Village. FACILITIES); AREDAY ECONOMIC RESOURCES 4. Conduct baseline analysis of Town PUBLIC WORKS Environmental Indicators, including energy use (FLEET, FACILITIES), HOLY CROSS, electricity, natural gas, gasoline, diesel)and other ECONOMIC SOURCESOURCE GAS, resources for Town organization and community TRANSPORTATION, CORE, CLEER as a whole. TOWN ENGINEER PUBLIC WORKS WATER&SAN,a. Inventory Townowned buildings,FACILITIES), facilities, and vacant land, and prioritize BUILDING, ASPEN SKIING opportunities to incorporate,on-site ECONOMIC CO., HOLY renewables. RESOURCES,TOWN CROSS, ENGINEER SOURCE GAS t.COST ESTIMATE:($-$0 to$5,000),($5-$5,000 to$25,000),1$$$.$25,000 to$50,000),($US-$50,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts 1. ENERGY CONSERVATION AND CLIMATE PROTECTION IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COSTS PUBLIC WORKS b. Evaluate building shells and FACILITIES), HOLY CROSSmechanicalsystemstoidentifyTRANSPORTATION, CORE, CROSS opportunities for efficiency upgrades. BUILDING, TOWN ENGINEER TOWN ENGINEER, PUBLIC WORKSc. Investigate new technologies for HOLY CROSS, hi her-etticie street lights FACILITIES), g g TRANSPORTATION, CORE,GLEER BUILDING d. Evaluate Inclusion of hybrid, electric, PUBLIC WORKSflex-fuel, and/or biodiesel technology in (FLEET; ROADS) new vehicle and equipment purchases. ECONOMIC e. Set percentage reductiomtargets RESOURCES< based on baseline data. TOWN ENGINEER< PUBLIC WORKS FLEET, FACILITIES) PUBLIC WORKS 5. Evaluate feasibility of incorporating methane (SOLID WASTE, recovery and biomass energy generation systems FACILITIES), PITKIN COUNTY at County Landfill. ECONOMIC RESOURCES,TOWN ENGINEER ECONOMIC 7. Identify and remove Town regulations that RESOURCES, serve as barriers to developing renewable energy PLANNING, HOLY CROSS, generation projects. BUILDING,TOWN WATER&SAN ENGINEER, PUBLIC WORKS 1.COST ESTIMATE:($-$0 to$5,000),($$-$5,000 to$25,000),011•$25,000 to 550,000),($$$5-$50,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts Implementation Concepts"represent a broad collection of Ideas Identified to help the community reach Its environmental Goals.Implementation Concepts will be selected for inclusion in an"Environmental implementation Plan as priorities dictate,and as resources are made available.) 2. AFFORDABLE HOUSING AND COMMUNITY-SERVING COMMERCIAL IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST' 1. Pursue seasonal housing partnerships with EDUCATIONAL& educational and arts providers, businesses,and HOUSING, ECONOMIC ARTS PROVIDERS, non-profits to maximize housing development NON-PROFITS, potentiaton Town land. RESOURCES LOCAL BUSINESS l HOUSING,BUILDING, 2.Amend Housing policy to allow cost recovery to PUBLIC WORKS affordable housing owners for investments in FACILITIES). CORE energy efficiency upgrades. ECONOMIC RESOURCES 3, Establish standards requiring renewable HOUSING energy BUILDING,,PUBLICgeneration, hlgh-atticlency systems and other WORKS CORE, CLEER, green building strategies to be Incorporated into (FACILITIES), HOLY CROSS new affordable housing. TOWN ENGINEER HOUSING, 4. Develop plan to incorporate renewable energy FINANCE. HOMEOWNERS generation,green building products, and efficiency BUILDING, PUBLIC ASSOCIATIONS, upgrades Into existing affordable housing stock. WORKS CORE FACILITIES) 5. Increase enforcement efforts regarding PLANNING, HOMEOWNERS occupancy of accessory dwelling units and employee housing units. HOUSING ASSOCIATIONS 6. Create incentives for developers to go above PLANNING, HOUSING, DEVELOPMENT and beyond minimum affordable housing mitigation requirements. ECONOMIC COMMUNITY RESOURCES 7. Explore land trust model and other,publicly- 'ECONOMIC assisted economic development strategies, as RESOURCES, well as regulatory tools available to create and/or PLANNING, LOCAL BUSINESS maintain affordable community-serving FINANCE,TOWN commercial space. ATTORNEY 1.COST ESTIMATE SCALE:$($0 to$5,000),$$(:5,000 to$26,000),SU(625,000 to$50,000),Ss6S(650,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts Implementation Concepts"represent a broad collection of Ideas Identified to help the community reach Its environmental Goals.Implementation Concepts will be selected for inclusion in an"Environmental Implementation Plan"as priorities dictate,and as resources are made available.) 3. LAND USE AND OPEN SPACE IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST' 1. Strengthen development review standards concerning environmental Impact analysis PLANNING and consideration of environmental icarrying Capacities. 2. Clarify and strengthen development code PLANNING, requirements for energy conservation,and BUILDING, CORE, CLEER, create specific review cnteda for Energy PUBLIC, HOLY CROSS, WORKS SOURCE GASConservationPlans.FACILITIES) PLANNING, CORE, CLEER, 3. Clarify Community Purpose provisions BUILDING, ASPEN VALLEY regarding"Sustainable DavebpmenP;and LAND TRUST. Preservation of Open Space.' RESOURCES PITCO.OPEN SPACE 4. Simplify application submittal requirements and create expedited review PLANNING, HOLY CROSS, processes for projects incorporating BUILDING CORE,CLEER renewable energy generation systems. PUBLIC 5. Iden*opportunities to produce food on :WORKS open space'lands(i.e., community garden ;(GREEN HOMEOWNERSprogram)and to Incorporate edible TEAM)5 ASSOCIATIONS, landscape components in the built POLICE PITKIN COUNTYenvironment(where feasible in ways that are (ANIMAL consistent with local wildlife control policies). CONTROL), PLANNING 6. Develop collaborative process to review and make recommendations on new PLANNING, development applications related to BUILDING sustainable design and construction. 1.COST ESTIMATE SCALE:$($0 to$5,000),$$(1155,000 to$25,000),$$$($25,0110 to 550,000),$$$5({50,000 and up) Snowmass Village Environmental Sustainabllity Implementation Concepts Implementation Concepts"represent a broad collection of Ideas Identified to help the community reach Its environmental Goals.Implementation Concepts will be selected for inclusion in an"Environmental Implementation Plan"as priorities dictate,and as resources are made available. 4MATER IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST' 11.Amend building code to require low=flow plumbing fixtures In new construction, and provide incentives to encourage retrofits In BUILDING, TOWN WATER&SAN existing buildings(I:e., low-flow fixture ENGINEER DISTRICT rebate/subsidy ram 2. Increase use of grey water systems,ditch BUILDING, PUBLIC water and snowmelUstormwater recapture WORKS(GREEN WATER&SAN systems for Irrigation purposes. TEAM),TOWN DISTRICT ENGINEER 3. Verify that building code requirements for plumbing infrastructure are aimed at maximizing BUILDING,TOWN WATER&,SAN both energy efficiency and,water conservation— ENGINEER DISTRICT amend as necessary. 4. Replace top-load clothes washers with energy HOUSING, PUBLIC and water-efficient front-load washers in Town WORKS (FACILITIES) CORElaundryfacilitiesandaffordablehousingunits. 5.Amend development code requirements and PLANNING,'PUBL16 revlew,criteria,to mandate drought tolerant WORKS (GREEN landscaping in new development. TEAM) t.COST ESTIMATE SCALE:$($0 to$5,000),$$(55,000 to$25,000),$$$($26,000 to$50,000),111111111($50,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts Implementation Concepts"represent a broad collection of Ideas Identified to help the community reach Its environmental Goals.Implementation Concepts will be selected for Inclusion in an'Environmental Implementation Plan"as priorities dictate,and as resources are made available.) 5. RESOURCE CONSERVATION, RECYCLING AND SOLID WASTE IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER ESTIMATED PARTNERS COST' 1. Reduce office paper use by 20%throughout Town ALL organization. DEPARTMENTS C A. Promote use of TOSV website and other RELATIONS, electronic means to distribute Information. FINANCE (I.T.),ALL DEPARTMENTS B. Install monitors and/or"smart-boards" in FINANCE(LT.) conference rooms C. Require double-sided printing capability in all new printer purchases, and implement FINANCE (I.T.), ALL reuse of paper already printed on one side DEPARTMENTS for"fax'and draft print jobs. D. Transition;documentarchiying from paper- TOWN CLERK, based to electronic format. FINANCE (LT.),ALL DEPARTMENTS E. Convert to paperless Council packet,TOWN CLERK, newsletter and payroll systems FINANCE I.T. F. Develop electronic Building Permit BUILDING, application FINANCE (I.T.) 2. Establish bulk purchasing program to address cost FINANCE, TOWN barriers to purchasing more environmentally friendly CLERK, ALL products used throughout Town organization (i.e., non DEPARTMENTS toxic cleaners, recycled paper products,etc...). 3, Establish Town procurement policy requiring the FINANCE,TOWN use of products containing recycled content when CLERK, ALL available. DEPARTMENTS 4. Establish design criteria for trash, recycling, and PLANNING, PUBLIC composting facilities In new development. WORKS(SOLID WASTE), BUILDING 5 Amend land-use application submittal requirements. PLANNING, to Include all information in electronic format and FINANCE (I.T.), minimize the number of printed copies required. ECONOMIC RESOURCES 1.COST ESTIMATE SCALE:S($0 to$5,000),K({6,000 to$25,000),$$$($20,000 to$30,000),$$$$($50,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts 5. RESOURCE CONSERVATION, RECYCLING AND SOLID WASTE IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER ESTIMATED PARTNERS COST' 6. Increase enforcement and fines for littering and POLICEunauthorizeduseoftrashfacilities. 7. improve waste collection systems to minimize overall HOMEOWN' number of pick-ups, maximize hauling efficiency,reduce PUBLIC WORKS ERS recycling contamination and maximize recycling,program (SOLID WASTE) ASSOCIATI participation. ON_S 8. Expand local and regional recycling facilities to accommodate a wider assortment of recyclable PUBLIC WORKS PITCO- materials(i.e., chipboard,#5 plastic, electronics, SOLID WASTE) LANDFILL etc...) MALL OWNERS; BASE VILLAGE OWNERS, PUBLIC WORKS sNOWMASS 9. Provide trash and recycling containers at all Town (SOLID WASTE CENTER parks, buildings, and public gathering places. OWNERS, GREEN TEAM)ASPEN SKIING COMPANY, LOCAL BUSINESS PITCO- LANDFILL, 10. Expand composting capabilities to accommodate LOCAL commercial food-waste, as well as household and PUBLIC WORKS BUSINESS, yard waste. SOLID WASTE) LODGES. HAULERS PUBLIC WORKS PITCO 11. Adopt a recycling ordinance requiring diversion of (SOLID WASTE), LANDFILL, construction and demolition waste,and participation in PLANNING, PRIVATE the Town's recycling program for all commercial BUILDING, WASTE/ operations and special events.ECONOMIC RECYCLING RESOURCES HAULERS PUBLIC WORKS 12. Create incentives for participation in the Town's (SOLID WASTE), recycling program. ECONOMIC RESOURCES 1.COST ESTIMATE SCALE:1(SO to$3,000),$$(63,000 to$20,000),$$$($25,000 to$50,000),$$$$($50,000 and up) Snowmass Village Environmental Sustainability Implementation Concenits 5. RESOURCE CONSERVATION, RECYCLING, AND SOLID WASTE OTHER ESTIMATED IMPLEMENTATION CONCEPTS TOWN RESOURCES PARTNERS COST' 13.Adopt green special event criteria aimed at PUBLIC WORKS reducing consumption,while maximizing recycling and(SOLID WASTE), composting of waste. MARKETING SPECIAL EVENTS) 14. Use recycled asphalt whenever possible to TOWN ENGINEER, establish roadway subgrade base courses. PUBLIC WORKS ROADS) 15.Test use of recycled and alternative paving TOWN ENGINEER, materials in new Tiown sidewalk and roadway surface iPUBLIC'WORKS specifications. ROADS) ECONOMIC CORE, RESOURCES, CAST, 16. Develop partnerships to incentivize waste PITCO reduction(i.e., participation in reusable bag MARKETING LANDFILL, challenge). SPECIAL EVENTS), LOCALPUBLICWORKS BUSINESS, SOLID WASTE) LODGES 1.COST ESTIMATE SCALE:$($3 to$3,000),$6($5,000 to$25,000),$$$(=23,000 to$50,000),$$$$($50,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts Implementation Concepts"represent a broad collection of Ideas Identified to help the community reach Its environmental Goals. Implementation Concepts will be selected for inclusion In an "Environmental Implementation Plan"as priorities dictate,and as resources are made available.) 6. GREEN BUILDING IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST, 1. Establish an expedited review process and discounted fee structure for renewable energy BUILDING, PLANNING CORE, CLEERgenerationprojectsandforefficiencyenhancing retrofits. CORE, CLEER, 2.Adopt a comprehensive"Green Building SOPRIS BUILDING, PUBLIC FOUNDATION, Code"for both new construction and renovations WORKS (FACILITIES) LOCAL BUILDERStoexistingbuildings, requiring;MATERIALS SUPPLIERS A. High-performance energy efficient SOPRIS design -building envelope,lighting, BUILDING, TOWN windows, mechanical equipment ENGINEER FOUNDATION, LOCAL BUILDERS B. On-site renewable energy BUILDING,TOWN generation in new development ENGINEER CORE, CLEER BUILDING, PUBLIC C.Third-party,systems.commissioning WORKS'(FACILITIES); TOWN ENGINEER D. Use of green building materials with CORE, LOCAL consideration given to embodied energy, renewable resources, recycled BUILDING BUILDERS & materials content, chemical off- MATERIALS gassing, place of origin, etc.... SUPOPLIERS E. Incorporation of direct digital BUILDING, PUBLIC controls and other energy load WORKS(FACILITIES), management technology TOWN ENGINEER F.Water-conserving plumbing fixtures i.e.,waterless urinals, dual flush toilets BUILDING, TOWN WATER&SAN or 1.6gpm toilets, 2.Ogpm shower ENGINEER DISTRICT heads, etc... . t.COST ESTIMATE SCALE:$(SO to$5,0004$$(65,000 to 125,000,$$$($25,000 to$50,000),uK($s%OSS and up) Snowmass Village Environmental Sustainability Implementation Concepts 6. GREEN BUILDING IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST' LOCAL BUILDINGI 3. Develop and distribute an informational guide BUILDING, PUBLIC MATERIALS to green building products, energy efficient WORKS(FACILITIES), SUPPLIERS, design and construction practices. TOWN ENGINEER CORE,.CO I ENERGY STAR 4. Incorporate energy usage standards into BUILDING, PLANNING, Town's Lighting Ordinance to discourage use of PUBLIC WORKS CORE, CLEER, incandescent and other higher consumption ( FACILITIES) HOLY CROSS technologies. 5. Develop economic and other'incentives for BUILDING, new construction and renovation projects to ECONOMIC CORE,CLEER, exceed the minimum energyefficiency HOLY CROSS standards. RESOURCES ECONOMIC LODGES AND B. Work with new and existing commercial,RESOURCES, PROPERTY lodging and residential properties to encourage BUILDING, MANAGEMENT, and Incentivize green operating and MARKETING(GROUP FOUNDATION, maintenance plans, including:SALES), PUBLIC WORKS(FACILITIES) PTRAB, CORE, CLEERLEER A. Appliance maintenance programs. BUILDING B. Use of energy-efficient light bulbs. BUILDING E. Electrostatic,fumace ignition vs. pilot BUILDINGlights. D. Occupancy-based controls systems BUILDING, TOWN on snowmen and other building ENGINEER systems, E. Timers, moisture and temperature BUILDING I sensors on snowmelt systems, F. Programmable thermostats. BUILDING PUBLIC WORKS 7. Conduct energy audits and thermal imaging (FACILITIES), CORE, CLEER, analysis on all Town-owned'buildings. HOUSING HOLY CROSS 1.COST ESTIMATE SCALE:$($0 to$5,000),$$($3,000 to$25,000),$$$($25,000 to$50,000),6$$$(650,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts 6. GREEN BUILDING IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST' 8. Develop purchasing policy requiring PUBLIC WORKS purchases of high-efficiency equipment and (FACILITIES), TOWN appliances that allow for more sustainable CORE, CLEER, operations within TOSV organization(i.e.; CLERK, HOUSING, HOLY CROSS Energy Star appliances, double-sided printers, FINANCE(I.T.),ALL low-Flow fixtures, etc... . DEPARTMENTS g. Develop standard design specifications PUBLIC WORKS requiring all new Town buildings to be LEED (FACILITIES), CORE, CLEER,certified, of to provide DOE certification ECONOMIC HOLY CROSSIndicatingachievementofequivalentenergyRESOURCES, efficlency,standards. HOUSING, BUILDING , 10. Require third-party commissioning on all BUILDING, PUBLIC CORE, CLEERnewTown-owned buildings. WORKS(FACILITIES) 11. Develop standard specifications forrretro commissioning and retrofitting existing Town PUBLIC WORKS buildings with energy efficiency upgrades, FACILITIES), including fixture-, appliance-, systems-, and HOUSING, BUILDING building shell Improvements. 12. Continue to develop and implement Efficient ECONOMIC Building Standards and a Renewable Energy RESOURCES, COREOffsetProgramtocurbImpactsofinefficient BUILDINGbuildingdesignandoutdoorenergyuse. 1.COST ESTIMATE SCALE:S($0 to$5,000),$$($8,000 to$75,000),$$$(625,000 to$50,000),$$$$($50,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts Implementation Concepts"represent a broad collection of ideas Identified to help the community reach Its environmental Goals.Implementation Concepts will be selected for Inclusion in an"Environmental Implementation Plan"as priorities dictate,and as resources are made available.) 7. MOBILITY AND TRANSPORTATION IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST' 1. Adopt land use regulations that encourage PLANNING, transit-oriented development and maximize 'TRANSPORTATION, EOTC, RFTAmulti-,model connectivity between ECONOMIC development clusters.RESOURCES 2. Develop a comprehensive and strategic transportation plan that addresses PLANNING,EOTC, RFTA, relationships and trade-offs among single- TRANSPORTATION, PRIVATE occupancy vehicle use, the provision of ECONOMIC TRANSPORT SVC. parking infrastructure, and public and private RESOURCES PROVIDERS transit Services. 3. Expand winter trail maintenance to promote year mund,walkebility. GREEN TEAM) TRANSPORTATION, 4. Increase the number of pedestrian and bike PLANNING, PUBLIC trail access points throughout the Village. WORKS(ROADS, GREEN TEAM) 5. Integrate future trail planning with existing transit Infrastructure to enhance the safety and PUBLIC WORKSROADS, GREEN quality of pedestrian connections throughout the Village, especially along Brush Creek Rd., TEAM), end close to high-use commercial and high- TRANSPORTATION, density residential development. PLANNING 6. Foster development of a centralized shuttle LODGING TRANSPORTATION, COMMUNITY,system to provide airport transportation—to ECONOMIC PRIVATEreplaceredundantandinefficientuseof RESOURCES TRANSPORT SVC. independent property airport shuttles. PROVIDERS 7.Continue free bus service throughout Snowiness Village, and between Snowmass TRANSPORTATION RFTA, EOTC Village and Aspen, t.COST ESTIMATE SCALE:6($0 to$5,000),Ill($6,000 to$28,000),t$$($25,000 to{50,000).$$$$(650,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts 7. MOBILITY AND TRANSPORTATION IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST, 8. Maintain convenient and consistent fixed- route transit service to high-density residential neighborhoods and commercial nodes PRIVATE Including the SV Recreation Center),while TRANSPORTATION SERVICE Utilizing'dial-a-ride"service(and/or expanded PROVIDERS private service provider partnerships)to serve single-family and outlying neighborhoods. 9. Encourage higher integration among public transit, and TRANSPORTATION PITCO AIRPORT, hlghway transportation management PLANNING RFTA, CDOT, strategies. AMTRAK, EOTC 10. Continue to prioritize and incentivize use of public transit and park& ride for Town- TRANSPORTATION RFTA, EOTC sponsored special events and commuters. 11. Engage in Pitkin County Airport planning TRANSPORTATION, process to promote transit connection PLANNING, enhancements,ECONOMIC RESOURCES EOTC, RFTA 1.COST ESTIMATE SCALE:$($0 to$5,000),$$($5,000 to$25,000),$$$($25,000 to{60,000),$$$$($50,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts Implementation Concepts"represent a broad collection of Ideas identified to help the community reach Its environmental Goals.Implementation Concepts will be selected for Inclusion In an"Environmental Implementation Plan"as priorities dictate,and as resources are made available.) 8. WATERSHED WATER QUALITY IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST' 1. Update the Town's Greenway Master Plan PLANNING; USES, ROARING'' to better understand current riparian FORK ecosystem health, sediment loads biological PUBLIC WORKS CONSERVANCY, diversity,etc....GREEN TEAM) CDOW PLANNING,PUBLIC 2. Regulate use of magnesium chloride and WORKS(ROADS, ASPEN SKIING other chemical ice melters and dust GREEN TEAM),COMPANY, suppressants within Town limits. ECONOMIC USFS RESOURCES 3. Develop standardized creek water quality PLANNING, ROARING FORK testing protocols in partnership with the PUBLIC WORKS 'CONSERVANCY, Roaring Fork Conservancy. ADM_IN),TOWN WATER&SAN ENGINEER DISTRICT 4. Implement wetland restoration and PUBLIC WORKSexpansionprojects, and promote the use of (GREEN TEAM, paving and blo-swales to allow ROADS),TOWNnaturaltitteringandminimizesheet-flow of ENGINEER stormwater run-off. 5. Expand annual clean-up efforts and explore .PUBLIC WORKSROADS,:GREEN other methods toilimlt siltation impacts WassociatedwithsandingofTownroadways.AST SOLID WASTE) 6. Find opportunities to reuse or recycle PUBLIC WORKS contaminated 3/8"chip that is picked up from (ROADS, GREEN ditches and stream beds each spring. TEAM, SOLID WASTE) 7. Examine water quality Impacts associated PLANNING, ROARING FORK with livestock intensive activities and PUBLIC WORKS CONSERVANCY, operations(Le., Rodeo,Grounds, Krabloonik). (GREEN TEAM) WATER&SAN DIS IRICT 8. Work with Water and Sanitation District to PUBLIC WORKS WATER&SAN gain understanding of Town-wide stomtwater (ADMIN),BUILDING, DISTRICT and sanitary sewer infrastructure health. PLANNING 9.Improve domestic pet pick-up enforcement (.GREEN TEAM), and scoop b availability. PQLICE 10. Develop a Town-wide Stormwater EffGHE ER, WATER&SAN Management Plan. PUBLIC WORKS DISTRICT 1.COST ESTIMATE SCALE:6($0 to$5,000),ss({3,000 to$23,000),$$$(625,000 to$50,000),ssss($50,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts Implementation Concepts"represent a broad collection of Ideas Identified to help the community reach Its environmental Goals. Implementation Concepts will be selected for Inclusion in an"Environmental Implementation Plan"as priorities dictate,and as resources are made available.) 9.. AIR QUALITY IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST' ASPEN SKIING 1. Require use of biodegradable, non BUILDING, PUBLIC COMPANY, Chemical dust suppressants on WORKS (ROADS), DEVELOPMENT construction sites and service roads. TOWN ENGINEER AND CONTRACTING COMMUNITY 2. Post signs and enforce adopted POLICE vehicle idling regulations. S. Train Town staff to recognize POLICE, BUILDING, violations of, and enforce air pollution PLANNING standards. 4. Conduct minimum amount of Rea- route DEVELOPMENT street sweeper operations along PUBLIC WORKS ANDwithon-demand response, as necessary to minimize roadway dirt (ROADS), BUILDING CONTRACTING COMMUNITY 1.COST ESTIMATE SCALE:$($0 to$5,000),K($3,000 to$25,000),$$$(525.000 to$50,000),$5$$($50,000 and up) Snowmass Village Environmental Sustainability Implementation Concepts Implementation Concepts"represent a broad collection of Ideas Identified to help the community reach Its environmental Goals.Implementation Concepts will be selected for inclusion in an"Environmental Implementation Plan"as priorities dictate,and as resources are made available.) 10. WILDLIFE HABITAT AND PHYSICAL ENVIRONMENT IMPLEMENTATION CONCEPTS TOWN RESOURCES OTHER PARTNERS ESTIMATED COST' 1. Strengthen code regulations regarding PLANNING; BUILDING, excessive noise, and train staff to recognize ,POLICE violations and anforce,them. 2. Strengthen code regulations regarding COLORADO PLANNING impacts to wildlife and protection of wildlife POLICE DEPARTMENT habitat. ANIMAL CONTROL) OF WILDLIFE CDOW) 3. Examine benefits to wildlife, recreational POLICE, ECONOMIC CDOW, US quality and public safety associated with RESOURCES, PARKS& RECREATION, FOREST limiting or banning hunting within Town limits. MARKETING SEI2VLCE 4. Increase educational, outreach and POLICE (ANIMAL enforcement efforts regarding trash CONTROL) CDOW regulations. 5, Pursue grant opportunities related to POLICE,(ANIMAL environmental and wildlife education, outreach CONTROL), and signage. ECONOMIC RESOURCES 6.Develop and distribute expanded informational resources regarding wildlife POLICE (ANIMAL CDOW issues, especially during migration and calving CONTROL) periods. PLANNING, 7. Work with US Forest Service to develop pre, ECONOMIC USPUBLICUS FOREST emptive pine beetle strategy.SERVICE WORKS (GREEN TEAM) 8. Continue to implement Town's 10-Year PUBLIC WORKS PITCO OPEN Weed Management Program. GREEN TEAM) SPACE 9. Develop•Improved strategies for weed PUBLIC WORKS abatement on private property. GREEN TEAM) 10. Preserve and expand wetland habitat PUBLIC WORKS where feasible. GREEN TEAM), TOWN ENGINEER 1.COST ESTIMATE SCALE:E($0 to$5,000),1111({5,000 to$25,000),$$$($25,000 to{50,000),$$$$($50,000 and up) Snowmass Village Environmental Sustainability Plan Selection Criteria Given a limited set of resources, whether related to finances, personnel, or time, these selection criteria are intended to provide the means to compare the pros and cons of various policies, programs and projects proposed in pursuit of the community's Environmental Sustainability Plan Goals. 1. Project fulfills one or more Goals and/or Implementation Concepts identified in the Town's Environmental Sustainability Plan. 2. Project satisfies triple bottom-line analysis: Project is cost-effective (i.e., big environmental bang for the buck) and implementable given existing technology and resources, and cost is not prohibitive to be sustainable at the local level, Project improves social fabric of the community, as well as the health, safety, and welfare of citizens, Project is determined to have a positive environmental impact, given a clear understanding of the environmental trade-offs associated therewith. 3. Project will reduce pollution and/or the community's contribution to global climate change. 4. Project focuses on greening Town government operations and/or policies. 5. Project will have tangible, high-visibility results, which demonstrate the benefits and ease of implementing green initiatives. 6. Project increases individual responsibility for environmental health and/or builds community support for sustainability initiatives. 7. Project addresses needs that would not be fulfilled by the free market acting alone, and optimizes leveraging opportunities, either financial or for in-kind contributions. 8. Project demonstrates collective leadership and a broad base of community support for implementation. 9. Project demonstrates cutting-edge technology in energy efficiency or environmental sustainability. 10.Project serves to stimulate and promote a sustainable economy. Snowmass Village 2009 Environmental Implementation Plan February 2, 2009 As of this date, the Town of Snowmass Village is operating under a contingency budget plan, which has required cuts to existing programs, services, and staffing levels throughout the organization. As such, the 2009 Environmental Implementation Plan does not include any Implementation Concepts that involve new budget appropriations or staff resources. Responsibility for this Implementation Plan will lie with the Town's Economic Resource Director, who, in collaboration with other Town departments and community partners, will spearhead efforts to accomplish the various initiatives presented. A biannual status report and plan update will be presented to Council, in order to track the progress being made within each of the initiatives described below. 1. Collaborate With Town Staff and Other Community Partners Convene quarterly meetings of Town departmental representatives to brainstorm opportunities and report on ongoing efforts to make Town operations, policies and procedures more environmentally friendly. Convene quarterly meetings with other community partners (such as the Aspen Skiing Company, utility providers, special districts, other regional jurisdictions, and community interest groups) to develop relationships, share knowledge, and coordinate efforts around common environmental goals. 2. Continue Ongoing Efforts and "Green" Operating Procedures Already in Place Staff has identified numerous operational initiatives, programs and procedures that are already being Implemented, and which are consistent with the Town's Environmental Goals. These efforts are being implemented throughout the Town organization, and will continue to be Implemented as standard operating procedures. A list of these initiatives will be discussed during staff's presentation to Council. 3. Conduct Baseline Analysis of Town Environmental Indicators Work with Town departments to develop a broad understanding of our environmental footprint. Examine organizational use of electricity, natural gas, gasoline and diesel fuel, and office paper. Understand waste generation rates at the organizational level and Town-wide. Inventory Town- owned buildings and vehicles and identify opportunities for efficiency upgrades and renewable energy generation projects. Conduct in-house energy audits and building shell analyses on Town-owned buildings. Consider special events and other Town-sponsored activities in terms of opportunities to reduce environmental impacts. Set percentage reduction targets based on baseline usage. 4. Pursue Grants and Provide Grant Assistance Identify and pursue grant opportunities available to help fund renewable energy generation projects (i.e., micro-hydro, solar, etc...) and other projects to help reduce the community's carbon footprint and accelerate our progress toward environmental sustainability. Provide information and assistance to community members interested in pursuing sustainability-oriented grants (i.e., for appliance rebates, home energy efficiency upgrades, etc...). 5. Improve Waste Collection and Diversion Strategies Work with the Town's Solid Waste Dept. to convene a working group to identify opportunities to improve the Town's waste collection systems and waste diversion/recycling programs. 6. Adopt "Green" Special Events Criteria Work with the Town's Marketing Dept. to develop criteria and standard operating procedures designed to minimize the environmental footprint of special events held within the Town. Identify best practices for minimizing waste, energy consumption, and greenhouse gas emissions. 7. Prioritize Electronic Communications Work with the Town's Community Relations and Marketing Depts. to prioritize use of electronic communications strategies, as opposed to distributing printed materials (i.e., for surveys, advertisements, public notices, etc...). 8. Evaluate Building, Land Use & Development Codes Work with the Town's Planning and Building Departments to review the Building Code, and the Land Use& Development Code to identify potential amendments aimed at strengthening environmental protections and enhancing energy efficiency requirements in new building and development proposals. 9. Reduce Town's Organizational Paper Consumption by 20% Transition Town organization to electronic record retention system. Adopt internal purchasing policy requiring all future printer/copier purchases to have double-sided printing capability. Develop plan to transition to a paperless packet system (for Town Council, Boards and Commissions). Investigate benefits of acquiring Smartboards for Town conference rooms to avoid paper use. Re-use single side printed paper for fax and "draft" printing jobs. 10. Follow Up On Renewable Energy Offset Program Return to Council in March 2009 to address REOP fee schedule. Return to Council prior to November 2009 to address REOP fund distribution (grant/subsidy) program. 11. Improve Trail to Transit Integration Work with Transportation Dept. and Trails Committee to identify opportunities to better integrate bike/pedestrian trails with transit infrastructure. 12.Participate in Reusable Bag Challenge Partner with the Village Market, CAST and CORE in the Reusable Bag Challenge to encourage a reduction in the use of plastic shopping bags. 13. Track and Support Progressive Climate Legislation Staff will monitor and bring to council's attention legislative initiatives representing progressive climate policy at the local, state, and federal levels. 14. Develop Energy Procurement & Generation Strategy Begin development of an energy procurement strategy that considers a mix of generation technologies and sources for satisfying the Town's energy needs. Once financial resources are available, this strategy would be ready for implementation. 15. Develop Informational Resources and Conduct Educational Outreach Work with Full and Part-Time Residents, Business and Lodging Operators, and Property Managers (in partnership with the Sopris Foundation, CORE, CLEER, and local utility providers) to develop informational resources and practical strategies for reducing energy use in Snowmass Village. PUBLIC HEARING NOTICE TOWN OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: Monday, February 2, 2009 TIME: During a meeting which begins at 4:00 P.M. or at such time thereafter that the Rem appears on the agenda of the Town Council. WHERE: Town Council Chambers Town Hall, 1°t Floor 0130 Kearns Road Snowmass Village, CO WHY: To receive public comment on Ordinance No. 2, Series of 2009, concerning an application by Base Village Owner, LLC as consent by Related Westpac, LLC, a Minor Planned Unit Development (PUD) Amendment to Building 8 within Base Village located on Lot 3 of the Base Village P.U.D. Final Plat and generally located on Wood Road below the ski back trail and between proposed Building 11 and Building 7 (Arrival Center). CODE: The application will be processed as an Amendment to a Final PUD pursuant to Section 16A-5-390 of the Town of Snowmass Village Land Use and Development Code. INFO: The amendment generally proposes: a) enlarging the lobby and back-of-house (BOH) area on the lower P3 level, b) relocating the fitness center 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 Pt level; c) adding an egress corridor between the BOH, clinic and the Mountain Club on the P1 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 derestory 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 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 of the units on the top 4p' level into unused attic space under the existing roof line thus 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 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. Further information regarding the proposal is available for inspection at the Town of Snowmass Village Planning Department or by telephone at (970) 923-5524 during normal business hours. Written comments are encouraged and will be accepted until the close of the public hearing. For inclusion of written comments in the staff report, submissions must be made one week prior to the public hearing to the following address: Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attention: Jim Wahlstrom, Senior Planner Additional public hearings may be held before the Town Council at later dates, for which only published notice may occur. Town Clerk Telephone: 923-3777 Internet access to Council email: http://www.tosv.com Citizen Feedback Hotline: 922-6727 clerk(atosv.com Printed in the Snowmass Sun on January 14, 2009. MEMORANDUM TO: Town Council members FROM: Chris Conrad, Planning Director, and Jim Wahlstrom, Senior Planner DATE: February 2, 2009 meeting SUBJECT: PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 2. SERIES OF 2009- CONCERNING A MINOR PUD AMENDMENT REGARDING BASE VILLAGE BUILDING 8. This meeting is for purpose of conducting a public hearing and continuing the review of the proposed changes in Building 8 via a Minor PUD Amendment application dated November 18, 2008 in conjunction with considering the second 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 WestPec, LLC Planner:Jim Wahlstrom, Senior Planner 1. PURPOSE AND ACTIONS REQUESTED OF TOWN COUNCIL: The purposes of the meeting are to: a. Conduct a public hearing; b. Continue review of the proposed changes In Building 8 as needed; C. Evaluate the Applicant supplemental submission items and amendments for possible acceptance and consideration; d. Allow comments and recommendations from the Town Staff; and e. Approve, modify, continue or deny the enclosed second reading of Ordinance No. 2, Series of 2009. Please be advised that the application involves requests to modify the: 1. Minor PUD Amendment. (see the list of all proposed changes in the attached ordinance); 2. Maximum Buildout/Unit Equivalency variation modification. 3. Maximum F.A.R. variation modification for existing Lot 3. 4. Maximum Height variation modification. 5. Amendments submitted January 15. 2009, as updated and received January 28. 2009(see the list of all proposed changes in the attached ordinance); and 6. Temporary F.A.R. variation modification for proposed Lot 3A. Note: The approval of the buildout and height variation modifications require approval by at least three-quarters (Y4) of the members of the Town Council present and voting. 1 II. BACKGROUND. As noted in the staff report for the January 20, 2009 meeting, the applicant submitted a supplemental package of material on January 15 including a proposal for how they intended 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 January 200' packet deadline, and Staff noted that the modifications constituted amendments that could not be fully considered until accepted as an amendment at the February 2nd Town Council meeting. Nonetheless, the supplemental and amendment items were presented by the applicant at the Council meeting on January 20'". On January 27, 2009, the applicant resubmitted an update of the supplement and amendment items for the Minor PUD Amendment application that were previously submitted January 15, 2009. The attached Ordinance was modified to respond to the amendments. Staff has provided a set of the supplemental information in the Town Council boxes. Staff also previously recommended that they not be referenced within the Ordinance until formally accepted as amendments to the application. However, due to the apparent urgency and timing of the matter, the Ordinance has been re-crafted to make reference to the amendments, modify'findings and conditions accordingly, and referencing acceptance of the amendments as an action item. IIIV. APPLICABLE REGULATIONS Aioendment 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 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 channe 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 ordinance. 2 If the Town Council cannot find that the application complies with the above stated criteria,then the proposed changes would be considered a mayor 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(bX1) to determine if the amendments would first trigger a Sketch Plan review or a Preliminary Plan review. Amendment to Application. The following Municipal Code sections apply to the consideration of the acceptance or not of the proposed amendment updated and received as of January 28, 2009 (Exhibit W of attached Ordinance 2) to the Minor PUD Amendment application: Section 16A-5-340(k), Amendments, of the Municipal Code, states: If an applicant wishes to amend a submission after a Planning Commission recommendation thereon, such request shall be made in writing and presented to the Town Council during the public hearing. The Town Council shall consider and make a determination as to whether the changes alter the nature of the project from that described in the original submission to such an extent that: 1) The amendment should not be allowed; 2) The amendment should be allowed, but the Planning Commission should have an opportunity to review the amendment and make a recommendation thereon; or 3) The amendment should not be allowed, and the application should proceed without additional hearings or consideration thereof. If the amendment is not allowed, the Town Council shall continue to consider the application without amendment in accordance with the provision of this Section. If an additional Planning Commission recommendation is to be made,the Town Council may, at its discretion, table the application until it has received the Planning Commission's recommendation on the amendment." Section 16A-5-340(1), Remand, of the Municipal Code, states: "An application may also be remanded to the Planning Commission when the Town Council determines that the application has othervvise been altered in a significant manner following the Planning Commission's action on the Preliminary PUD. The Town Council shall table the application until it has received the Planning Commission's recommendation on the changes. Even though the previous amendment or supplemental submissions were brought In, they were reviewed by staff and decision makers without formal acceptance, due to the apparent urgency of the situation. Public Hearina Notification. The public hearing notice was published in the Snowmass Sun on January 14, 2009. The applicant submitted signed affidavits for the mailing and posting of the public hearing notice. See Attachment 1 for the publication and mailing notice. 3 IV. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS TOGETHER WITH SUMMARY OF STAFF FINDINGS AND RECOMMENDATIONS Pursuant to the meeting on January 20, 2009, Staff finds that the remaining issues for a Minor PUD Amendment and the proposed amendment supplement to be as follows: 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. Lot 3 was also planned for Buildings 6 and 7. 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 for Building 8 from 92,386 square feet(per previous modification approval)to 95,839 square feet would increase the combined 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 officially apply for such a variation by way of an administrative modification application. The Applicant appears to be seeking the maximum 142,143 square foot floor area for Lot 3 per the original application, and the Town Council should be satisfied that the Applicant has provided a community purpose for this variation request. 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 to 142,143 square feet, in order to accommodate the existing approvals for Buildings 6 and 7 as well as only Building 8 as proposed. The Town Council should also determine whether the Applicant's proposed additional 58 square feet of additional employee housing, per the amendment supplement of January 28, 2009, by adding 381 square feet on the P2 level to mitigate the balance of 323 square feet, is a satisfactory community purpose for the floor area variation modification and whether such community purpose Is achieved as a result of granting such floor area variation modification. Note: Since the updated amendment submission on January 28, 2009, the Applicant has requested a temporary F.A.R. variation modification in accordance with the 4 accompanying subdivision exemption application and resolution for a lot split. The temporary F.A.R. variation would, if approved, allow the 95,839 square foot for Building 8 as modified for proposed Lot 3A of 1.16 acres, that would normally allow 50,529.6 square feet under the current maximum F.A.R. standard of 1:1.29 for Lot 3. Staff would advise only granting such temporary F.A.R. variation,subject to the understanding that the variation only occur during the life term of the exemption plat, which is being represented as necessary for construction loan financing purposes, and that it would eventually be vacated, at which time the variation should revert back to the maximum F.A.R. limit of 139,763 square feet for Lot 3. Employee Houslna: 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 PLID Amendment or prior to the issuance of a Certificate of Occupancy , for Building 8, whicbever 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 2-13edroom 21 0.78 15.96 3,218 Food& 3,045 SF 5.16 15.7 3,168 Beverage Clinic 41-98-7 SF 3.68 18.4 1 3.700 Skier Services 5,785 SF 0.96 5.6 1 1,120 Total N.A. N.A. 59.76 12,047 SF 12,047 SF 1,000 SF in Building 8 Staff has attempted to provide a similar table per the currently proposed changes: 5 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 10 0.76 7.60 1532.2 3-Bedroom 5 1 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. Clink 5,629 SF` 3.68 20.71 4175.1 Skier Services 5,210 SF- 0.96 5.00 1,008.0 Total N.A. N.A. 60.9s 12295 SF" 12,047 SF 1,116 SF In Building 8 Note: The Sider 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 Clink established in the Final PUD Ordinance 0421 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 unentitied space. The application is providing an additional 116 SF of employee housing beyond what was previously envisioned for Building 8. The application utilizes the MFA job rate for the three and four bedroom units In lieu of the hotel rate,per the previous tint 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 13B. 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, as updated on January 28, 2009, to accommodate the additional 323 square feet by adding 381 square feet of employee housing into a previously planned back-of-house space and converting the affected unit to a two-bedroom arrangement; however, the amendment would need to be accepted first for considered at the February 2n°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 6 approval by the Town. An additional 928 sq. ft. of employee housing would be required if the area is calculated as a spa. The Aspen Skiing Company(ASC)has submitted a completed application as of January 22, 2009(referred for review as of January 26, 2009)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 on February 2nd as needed. 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, Staff believes that the additional 381 square feet on the P2 level per the amendment submission of January 28, 2009 would mitigate the remaining requirements for Building 8, and the additional square footage could be considered a community purpose item for a variation request. However, the proposed amendment should first be accepted prior to consideration at the February 2'" meeting. Landseape Plan: As of the writing of this report, staff had an opportunity to review in detail the proposed planting plan for the Building 8 site against the approved Final PUD landscape plan that were previously submitted by separate supplemental package on January 15, 2009. Staff found the following per the comparison table below: COMPARISON CHART BASE VILLAGE, BUILDING 8 MINOR PUD AMENDMENT LANDSCAPE PLAN Category Final PUD Minor PUD Amdt. Delta Deciduous trees 53 75 22 Coniferous trees 23 31 8 TOTAL TREES 76' 106• 30" Note: Even though the number of trees on the Building 8 site has increased by roughly 40%, approximately 40%of the 76 trees on the Final PUD plan were oversized, and the proposed plan of 106 trees shows approximately 15%of the trees oversized. Staff would interpret minimum or normal size installation for deciduous trees at 2.5"—3"caliper and for coniferous trees at 8'—12'in size, and anything over would be considered oversized. 7 Staff forwarded the above comments together with the technical review comments on the planting plans to the applicant on January 21, 2009(see Attachment 2). The applicant resubmitted revised landscape plans on January 26th as updated and received on January 28, 2009 in response to the review comments. Such plans would need to be accepted for consideration at the February 2, 2009 meeting. Staff quickly reviewed the updated plans again per the amendment submission on January 26 and 28d' to determine how the plans were modified. 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: Per their amendment submission January 28, 2009, the applicant's updated planting plans propose 39% more trees or 30 more trees(from 76 to 106 trees)on the Building 8 site that could be considered a satisfactory substitute for the lessening of the oversized tree specimens from 40% to 15%. The oversized trees have difficulty surviving more so th @t the regular tree sizes according to the applicant, and staff understands that to be the case as well. However, the applicant would be obligated to replaced oversized trees that die during the one-year warranty period. It is also recommended that the Planning Director be given permission to review and approve to his satisfaction the planting plans for the Phase 1 B or Lot 3 area pursuant to Condition #2 in Ordinance 21 and prior to the issuance of any further building permits on Lot 3 affecting either Building 6 or 7, with the exception of the temporary vertical circulation in Building 7 and its proposed interim landscaping treatment. There is already a temporary planting plan provided for the Phase II area (Buildings 4AB, 5, 9AB, and 9C on Lot 2)that was delivered earlier with the Phase 1A construction landscape plans. This plan should be implemented if construction ceases for 12 consecutive months pursuant to Condition #2 in Ordinance 21. Clinic Staalna Area: The Applicant has stated that they have met with the Snowmass-Wildcat Fire Protection District, the Snowmass Ski Patrol and Orthopedic Associates concerning alternative designs for the clinic staging area and patient transfer platform off the ski back trail. The Applicant met with them on January 13th and has provided a final plan with their amendment supplement dated January 26, 2009 as further updated on January 28th. Even though the amendment has not been formally accepted by Council, the plans have been referred to the Town Engineer, the Public Works Department and the Snowmass-Wildcat Fire Protection District due to the apparent urgency of the matter. Staff has attempted to modify the language in the second reading of the attached Ordinance 2 accordingly under'Fire District Issues.' Further staff comments will be provided at the February 2nd meeting as needed. 8 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. 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 as of the writing of this report, staff has not had adequate opportunity or time to review the latest updated amendment plans provided on January 28, 2009, which is an update to the one staff received on January 26, 2009, that includes some stakeholder approval of the modified clinic staging areas. Town Council should determine whether to accept the amendment supplement prior to consideration and action of attached Ordinance 2. As a suggested condition in the ordinance, the Applicant should resolve any outstanding comments from the Town Engineer and the Fire Protection District (Exhibit"C"of the attached Ordinance 2)with the subsequent construction plans for Building'8. Emergencv 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 previously 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 utilize 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 staffs understanding that the Fire District wants a gate placed at the entrance so that the drive will be accessible for emergency access only. See attached Exhibit"B"supplement amendment, which shows a gate arm for the emergency access drive that appears to include approval from some of the affected stakeholders. The supplement amendment would need to be accepted by the Town Council for consideration and possible action at the February 2nd meeting. Planning 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. 9 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 part of Exhibit W of the ordinance that is the Applicant supplemental amendment dated January 28, 2009. Performance of the terns 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 2nd Town Council meeting as a concurrent agenda item requiring separate consideration and action. Please be advised that the proposed Lot 3A that would contain Building 8 will require a temporary variation of the maximum floor area limit to permit a 95,839 square foot Building 8, as would be permitted by this Minor PUD Amendment If approved, 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 for existing Lot 3. The Subdivision Exemption application does indicate that the lot split is necessary for financing purposes. It was determined that the variation, although temporary, is determined to be necessary, and staff has drafted a finding and action language in attached Ordinance 2 for the temporary F.A.R. variation request for consideration at the February 2nd meeting, subject to the Council accepting the supplemental amendment dated January 28, 2009. Also see attached the latest referral comments from the Transportation Department Attachment 2 of this report)concerning the scope of work description received January 261 concerning the interim vertical circulation development agreement for Building 7 and the abutting transit garage. The Applicant provided an update of the development agreement and related scope of work received on January 28d'(see Exhibit"B"in Ordinance 2) in attempts to respond to the Transportation comments. 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: Staff still has unanswered questions and has had little time to fully evaluate the Development Agreement. Planning and Transportation Department staff intends to provide further comments at the meeting on February 2nd. Discussion will include, but not be limited to: 1)final acceptance of the improvements;,2)operational readiness of the Transit Center; 3) long term maintenance of the Transit Center(by Metro District), vertical circulation facilities, Plaza Level building and Building 7 exterior facade; 4)the Town's right to use, operate and control the Transit Center after completion; and 5) items identified within the comments provided by the Transportation Department. 10 V. OTHER HEADINGS RELATED TO THE TOPICS Attachments: 1. Public Hearing Notice that was published and mailed; 2. Latest referral agency comments; 3. Edited version of Ordinance No. 2, Series of 2009, without the exhibits; and 4. Final version of Ordinance No. 2, Series of 2009, including Exhibit"A"of the summary of amendments, usages and development parameters, Exhibit"B"of the Applicant's supplement amendment updated and received January 28, 2009, including the proposed Development Agreement involving the vertical circulation component in Building 7(Arrival Center), and Exhibit"C"of the latest referral review comments from the Town Engineer and the Snowmass-Wildcat Fire Protection District. Separate Handouts: Application notebook dated November 18, 2008 together with 11" x 17"drawing set illustrating the proposed changes (previously issued). Supplemental Amendment Package submitted by the Applicant on January 28, 2009 that includes 11"x 17"drawing exhibits to match Exhibit'B" in Ordinance 2. VI. NEXT STEPS Next Steps include: None, unless the public hearing is continued or action is delayed on the second reading of the ordinance. 1] ATTACHMENT 1 Page 1 of 2 PUBLIC HEARING NOTICE TOWN OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: Monday, February 2, 2009 TIME: During a meeting which begins at 4:00 P.M. or at such time thereafter that the item appears on the agenda of the Town Council. WHERE: Town Council Chambers Town Hall, 13' Floor 0130 Kearns Road Snowmass Village, CO WHY: To receive public comment on Ordinance No. 2, Series of 2009, concerning an application by Base Village Owner, LLC as consent by Related Westpac, LLC, a Minor Planned Unit Development (PUD) Amendment to•Building 8 within Base Village located on Lot 3 of the Base Village P.U.D. Final Plat and generally located on Wood Road below the ski back trail and between proposed Building 11 and Building 7 (Arrival Center). CODE: The application will be processed as an Amendment to a Final PUD pursuant to Section 16A-5-390 of the Town of Snowmass Village Land Use and Development Code. INFO: The amendment generally proposes: a) enlarging the lobby and back-of-house (BOH) area on the lower P3 level, b) relocating the fitness center from the P2 to the P11 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 P1 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 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.; !) expanding portions of the units on the top 4s' level into unused attic space under the existing roof line thus 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 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. ATTACHMENT 1 Page 2 of 2 Further information regarding the proposal is available for inspection at the Town of Snowmass Village Planning Department or by telephone at (970) 923-5524 during normal business hours. Written comments are encouraged and will be accepted until the close of the public hearing. For inclusion of written comments in the staff report, submissions must be made one week prior to the public hearing to the following address: Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 Attention: Jim Wahlstrom, Senior Planner Additional public hearings may be held before the Town Council at later dates, for which only published notice may occur. Town Clerk Telephone: 923-3777 Internet access to Council email: http://www.tosv.com Citizen Feedback Hotline:-922-6727 clerk @,tosv.com Printed in the Snowmass Sun on January 14, 2009. ATTACHMENT Latest Referral Agency Comments on Supplemental Amendment to the Building 8 Minor PUD Amendment, including modified clinic staging area plans and Development Agreement for Building 7 Essential Public Facility MEMO ft Jim Wahlstrom,Senior Planner From: David Peckler,Transportation Director Dater February 2,2009 Re: Development Agreement-Exhibit A for Building 7 1 have reviewed the packet materials for the Council meeting on February 2, 2009 concerning the Development Agreement for Building 7. 1 have been asked to review in less than a day the Development Agreement for Building 7 for the minimal requirements to make bus possible to run service through the transit facility in Building 7.The following are my observations. 1. Development Agreement— 1.1: 'The B7 Vertical Conveyance will consist of two escalators and two elevators ..."Although it sounds like there are four separate means of conveyance between the Arrival Level and the Village Level, in reality there is only one escalators to provide one way circulation. P1 Level to the Village Level Is the only section where there are two escalators. I want to be absolutely sure that both elevators connect the Arrival Level to the Village Level.Exhibit A Pages 4—7. 2. Development Agreement—1.1:Glad to see that the public restrooms have been add 3. Development Agreement— 1.1: The agreement does not mention the Transit Office shown on Exhibit A, Page 2 and referenced in the Page 1 General comments. I assume that the office will be functional by the opening date for the Arrival facility.It would be very beneficial to the transit services to have access to this space. 4. Page 1, General: 'Two elevators to be installed" is the statement in the exhibit Again,to be sure-Do the two elevators service the Arrival Level to the Village Level? 5. Page 1, General: Heating is discussed under the General heading. It is specific to the interior- spaces relative to the vertical conveyance and restrooms.Does this Imply that there is no heating In the passenger waiting areas? At the-time of the Base Village review, staff was concerned about the formation of ice in the transit facility without some form of heat for both the passengers and the driveway.This issue, relative to the driveway,was referenced In Section 1.3, 6) c). Is there any heating elements proposed for the general public in the waiting areas? 6. Page 1,Arrival: Public restrooms will be greatly appreciated. 7. Page 1, General: "Village Level to be waterproofed and all penetrations to be sealed."We have noticed that ice is forming in the passenger wafting areas of the transit facility, and standing water and ice in the area for the Vertical Conveyance. We hope that the waterproofing will address this issue. 0 Page 1 B. Page 1,Arrival level:I again would like to we some form of heat for passengers waiting for vehicles. Even if the floor is heated and giving off some residual heat would be better than nothing. 9. Page 1, Arrival Level:Air quality in the transit facility was a concem in the Base Wage PUD review. In Resolution #37, Series of 2004, 27) it implies that air quality Issues will be addressed relative to the Municipal Code. It would be helpful to know that the transit facility will have adequate air circulation or openings to comply. 10. Operation and maintenance of the facility and the Vertical Conveyance specifically addressed.It is my assumption that the facility will be maintained by the GID for Base Village. 11. Intersection of bus travel lanes and Parking Garage entrance. It has been our observation that traffic is backing up in line to enter the Parking Garage because of the gate controlling access. I hope that this will not be an Issue that compromises bus circulation I would like to make sure that buses can make the tuming movements to enter and exit the two ends of the facility. Page 2 Base Village, Building 8 Minor PUD Amendment Landscape Plan Current & Proposed received 1-15-09) Review comments January 21,2009 Current Plan: 1. Even though the tree count is the same on the illustrative plan,.the plant legend and symbols are not entirely representative of that shown on the illustrative drawing. Staff questions whether it is the approved plan as a result. 2. If the tree types are colored rather than labeled,then the symbols in the plant legend ought to be colored similarly. Proposed Plan: 1. The proposed plan for the Building 8 area appears to be an enhancement of the Final PUD landscape plan in particular the pool area and along Wood Road, however, a shrubbery plan should be submitted as typical for a final planting plan. 2. As stated above, if the tree types are colored rather than labeled, then the symbols in the plant legend ought to be colored to match that shown on the plan. 3. The illustrative should label the tree types by number and size, as similarly done on the planting plans in the construction set, because the symbols in the plant legend do not clearly show or indicate the corresponding size differences. By the way, the construction set drawing does not entirely match the proposed landscape plan. 4. The clinic staging plans, including the proposed fire truck lay-by, should be reflected on the landscape plans. 5. There should be adequate room for snow storage where applicable along streets, driveways and sidewalks,typically 10' of clearance area behind a driveway or walkway without too much plant material interference. 6. Separate final construction plans for the Phase 1B and II areas should be submitted to provide additional details, such as separate tree-and shrubbery plans, general irrigation plan, and detail sheets for Lot 3, and an interim construction interruption landscape plan for the next phase, similar to or in accordance with Condition#2 in.Ordinance 21. Note: The Phase 1B landscape plan as currently titled in the construction set(Sheet L4.3) appears to be a duplicate of the shrub planting plan for the Building 8 area only. Such a plan should entail the entirety of Phase 1B (Lot 3) and include the information described above together with the updated planned interim condition for Phase II. 7. If there is a stoppage in construction planned for a lengthy period of time, it is suggested that a temporary landscape plan or description of the treatment should be provided for the future phases beyond and to the east of the ski back trail. For example, it could include seeding and tree planting along the perimeter edges or along Wood Road with temporary irrigation similar to the temporary landscape plan in the Phase I set. Resubmittal instructions for Planning Department usave—by Monday. January 26. 2009: Colored set of updated I V x 17"current and proposed landscape plans addressing. comments above. 11" x 17" set and an enlarged set of construction landscape plan for at least the Phase 1B area(Lot 3)and the updated interim construction interruption landscape plan for the Phase 11 area or beyond. TOWN ENGINEER COMMENTS–FROM DEAN GORDON RECEIVED BY TOSV PLANNING DEPARMENT January 27, 2009 NO comment on emergency access geometry. Appears to be acceptable. If the fire lay-by is to be separated from the sidewalk by a vertical element, then sidewalk width of 6' should be maintained—this is the main and only pedestrian facility along the road. If the lay-by is at sidewalk level,then using a reduced width of 4'seems ok assuming the lay-by can be utilized by pads most of the time. I like the idea of the lay-by needing to drive over the curb section so it is not construed by the public as•a drop off area. This is too congested an area to introduce that possibility. TOWN ENGINEER COMMENTS–FROM DEAN GORDON RECEIVED BY TOSV PLANNING DEPARMENT January 28, 2009 John and I talked about the use of the area. The use will be frequent enough that a full width sidewalk needs to be maintained around the site. John is ok with using the rollover curb in place to demark the area from the road. In addition to signage, I recommend that the area be different whether by using colored concrete, stamped concrete, pavers, etc. Wood Road and the sidewalk are snowmelted in this area—the lay-by will also have t4 be snowmelted to avoid a maintenance hassle throughout the winter when it will be used the most. The town's snowmelt system does not have the capacity to accept more demand. I think a better layout is to leave the sidewalk where it is(to cut and remove the existing snowmelt is problematical), put the lay-by behind the sidewalk(the drawback being that the vehicles that use it will interact with pedestrians at times)and snowmelt it off the on-site system. COMMENTS FROM SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT RECEIVED BY TOSV PLANNING DEPARTMENT JANUARY 27, 2009 Jim, The Fire Truck Lay-By serves several purposes here.One as a fire truck placement that would then be able to pump to the buildings fire department connection for the automatic fire sprinklers which is located in close proximity. Building 8's fire command center is also here being just inside the garage doorway. In addition, this pull off area also serves as an ambulance and/or fire truck staging area for simultaneous clinic calls.This prevents emergency vehicles from potentially blocking Wood Road traffic in the up hill lane. I have noted on my returned plans to Related/Westpac that this area would need some sort of signage and markings that have yet to be determined. I concur with Dean Gordon that this area should not lend itself to being construed as a drop off area. We have approved the clinic access area with the plan notes as indicated. Thank You, John T. Male Fire Marshal- Snowmass Wildcat Flre Protection District 970)923.2212 lmele®swfpd.com COMMENTS FROM SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT RECEIVED BY TOSV PLANNING DEPARTMENT JANUARY 28,2009 All, I would like to add one more thing if I could. This lay-by should be designed to hold the imposed loads of the fire truck which is 80,000 lbs. Thanks, ATTACHMENT 3 Edited Version of Ordinance No. 2, Series of 2009 without exhibits 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 AND MODIFICATIONS THERETO FOR BUILDINGS 8. 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 eating 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 I level to this P2 level area resulting in two employee stedie units on the P2 level thus 29 increasing the employee housing mitigation square footage 30 rovlsio1 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 I the Pt level into a free-market lock-off of Unit C-6 thus increasing the lockoff count to 20 33 19 and the unit equivalency for the C-6 unit from 0.65 to 1.15 U.E.; 1) expanding 34 portions of the units on the top 0 level into unused attic space under the existing roof 35 line thus increasing that level's floor area by 1,073 square feet and the resulting unit 36 equivalency from 13.85 to 16.05 U.E.; j) increasing elevator shaft height on south village 37 plaza side by 5.08 feet to accommodate ventilation equipment, adding vents, k) 38 changing roof material at 5 secondary dormers from copper to asphalt shingles and 39 eliminating the elevated section between the two copulas on the main roof ridge; 1) 40 building elevation changes modifying window, sizes, styles and location slightly, adding 41 an egress stairway from pool level, adding a balcony to the residential Unit C-6 below 42 the restaurant, and adding louvers to the fenestration design; m) redesigning the wall 43 around the pool to incorporate a terraced treatment with landscaping and trees in 44 between the stepped stone walls; n) changing the clinic garage entry from one to two TC Ord 09-02 Page 2 of 14 45 doors and adding a clearance sign; o) adding a canopy at the porte-cochere entrance 46 and at the pedestrian entrance to the Clinic off Wood Road; p) revising window 47 configuration for Unit C-6; and q) removing four windows beneath the ski-under bridge 48 that connect the village plaza 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, has further provided updates on January 15; and 4-28 and is attached 74 hereto and incorporated herein by reference as Exhibit °CB"; and 75 76 WHEREAS, on January 15, 2009, as further updated asand received on January 77 28; 2009. the Applicant submitted a supplemental amendment to the Minor PUD 78 Amendment application, as attached hereto and incorporated herein by reference, that 79 includes: a) a written description of all the amendments proposed, b) a Development 80 Agreement titled 'Building 7 Essential Public Facility" with further information that 81 includes a scope of work description and site layout and floor plan drawings illustrating 82 the proposed vertical circulation, and a schedule layout chart, c) conceptual renderings 83 of the interim facade treatment for Building 7, d) clinic staging and patient transfer 84 platform plans, elevations and details, including drawings of the emergency access drive 85 and proposed fire truck lay-by areas off of Wood Road next to Building 8, e) updated P2 86 level floor plans showing the increase of the employee unit on the P2 level by 381 87 square feet replacing previous BOH space to satisfy the employee housing requirement 88 for Building 8, f) updated floor plans of the Vo level to clarify or confirm the number of 89 lockoffs at 19 in Building 8, g) modification of the development statistics matrix for TC Ord 09-02 Page 3 of 14 90 I Building 8 to account for the increased emolovee housing area and the recessed alcove 91 for the clinic h) updated proposed planting plans for the Building 8 site, and i) landscape 92 plans for the Phase 1 B or Lot 3 area of the Base Village P.U.D. Final Plat: and 93 94 WHEREAS, said application was scheduled for review and consideration 95 pursuant to Section 16A-5-390 of the Municipal Code. 96 97 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 98 Village, Colorado: 99 100 Section One: Findings. The Town Council hereby finds that: 101 102 1. The Applicant has submitted sufficient information pursuant to Section 16A-5-390 of 103 the Municipal Code to permit the Town Staff, the Planning Commission, and the 104 Town Council an adequate review of the proposed Minor PUD Amendment. 105 106 2. Public hearing notification requirements were scheduled to be met for this 107 application pursuant to Municipal Code Section 16A-5-60, including the Applicant's 108 submittal of the signed affidavits for the mailing and posting of the hearing notice 109 that were submitted on January 21, 2009. 110 111 3. Except as noted within Section Two below, the application seemsis compliant with 112 the applicable review standards specified within Section 16A-5-390(3) of the 113 Municipal Code. 114 115 Section Two: Specific Findings. The Town Council specifically finds that: 116 117 1. Consistent with the original PUD. The proposed modifications must be found to 118 be consistent with, or an enhancement of, the original PUD approval. 119 120 Lot 3, Base Village Planned Unit Development, contained Buildings 6, 7 and 8. The 121 variations requested for the original building were represented as being necessary to 122 provide "hotel-like H.O.T. beds". The units were °designed and programmed to be 123 H.O.T. beds by virtue of, (a) their size and layout, (b) the hotel-like amenities 124 associated with Base Village, (c) the ski-in/ski-out location of the units, and (d) the 125 rental management program that will be made available to unit owners (the "New 126 H.O.T. Beds)". 127 128 I The Town Council finds that the proposed amendments to Building 8 seald-he 129 are an enhancement to the original BV PUD provided that an 130 additional lockoff unit and employee unit would be created as part of the amendment 131 requests. 132 133 2. Buildout / Unit Equivalency / Unit Re-configuration. Town Council Ordinance 134 No. 4, Series of 2008 (Building 13A Minor PUD Amendment) together with TC Ord 08.02 Page 4 of 14 135 Ordinance No. 9, Series of 2008 (Building 4AB Minor PUD Amendment), confirmed 136 that the maximum allowed Unit Equivalency ("UE") for the Base Village PUD may 137 only be amended to be 391.4 UE.; Further, there is fUFreaNy pending Ordinance No. 138 17, Series of 2008 (Building 13B Minor PUD Amendment), which itwas approved 139 January 20. 2009, would-which authorized the increase of 2.95 UE for Building 13B 140 from 41.25 to 44.95 UE thus increasing the overall UE gap for Base Village from 141 391.4 to 394.35 UE. Therefore, in order for any future further amendment to the 142 Base Village total UE to be considered, the applicant must satisfactorily explain in 143 the context of all reasonably foreseeable amendments to the BV PUD the necessity 144 for any increase in the total UE. 145 146 With the proposed amendments to Building 8, the application proposes an 147 amendment to the buildout variation or increase in the unit equivalency by 1.65 U.E., 148 from 43.15 (pursuant to Record of Decision (ROD] #8) to 43.20 (pursuant to ROD 149 31) to 44.85 U.E. per the current proposal, which is a result of the proposed 150 modification of the unit types and sizes, the additional lockoff on the P1 level, the 151 reconfiguration of Unit E-3 on the top 0 Level (per previous administrative 152 modification), and the proposed expansions of Units E-1 (2) and E-2 into the unused 153 attic space below the roof line on the 0 Level. In this case, the 1.65 UE increase 154 for the Building 8 amendments would'resuft in the cumulative UE cap increase in 155 Base Village from 394.35 to 396.60 UE, which isAs Rai-acceptable. 156 157 The Applicant's proposed community purposes for the buildout variation increase 158 are outlined on pages 3 and 4 of Section 1 in their application notebook, primarily 159 focuseeling upon encouraging sustainable development. However, the original Base 160 Village proposal's community purposes for encouraging sustainable development 161 focused upon the provision of improved connectivity as one of the elements, 162 including a transit facility to the central parking structure to be used by the Town 163 I shuttle and RFTA. The Development Agreement received January 28, 2009 164 Attached as Exhibit "6B") provides for the timely delivery of transit and vertical 165 circulation as previously envisioned by November 2009; however, it does not earlier 166 provide for full infrastructure and amenities anticipated in Building 7 (Arrival Center) 167 by the original PUD. Without the transit facility as one of the means to encourage 168 sustainable development for the original Base Village project, it is difficult to justify 169 sustainable development as it pertains to the current amendment proposal without 170 the transit facility. Therefore, the community purposes assured in the current 171 development agreement received January 28. 2009 (Exhibit "B") are/a;a Ret 172 satisfactorily to justify the increase in the buildout variation. 173 174 The Town Council finds that the proposed 1.65 UE increase in Building 8 may be 175 permissible as it primarily involves the proposed modification of the unit types and 176 sizes, an additional lockoff on the P1 level, the reconfiguration of the Unit E-3 on the 177 0 Level per previous administrative modification, and the proposed expansions of 178 Units E-1 (2) and E-2 into the unused attic spaces below the roof line on the 4"level. 179 The proposed buildout variation increase for Building 8 would not appear-to be TC Ord 09-02 Page 5 of 14 180 detrimental to the original BV PUD pFevided thailsubiect to the Applicant providedlnc 181 a justifiable community purpose. 182 183 3. Employee Housing. Employee housing requirements of 12,047 square feet were 184 previously calculated for Building 8 with 1,000 square foot mitigation being provided 185 in Building 8 and the remainder mitigated elsewhere on the Base Village site or off 186 site. Building 8 included a 1,000 sq. ft. one-bedroom employee unit as part of the 187 original BV PUD. 188 189 In referencing the employee housing requirement calculations in the First 190 Amendment to the Base Village Restricted Housing Agreement ("First Amendment") 191 pursuant to Ordinance No. 3, Series of 2007, together with Ordinance No. 4, Series 192 of 2008, for the Building 13A approval, the previous modifications per Record of 193 Decision No. 8, and the proposed changes in Building 8 would require 12,295 square 194 feet of employee housing, or an increase of 248 square feet. 195 196 The First Amendment specified a mitigation requirement of 12,047 square feet of 197 employee housing for Building 8 and indicated that 1,191 square feet would be 198 provided within Building 8. The Applicant proposes to provide 1,116 square feet in 199 this application. This 75 square foot shortfall plus the 248 square feet of additional- 200 mitigation equals 323 square feet. 201 202 Town decision makers have previously recommended or required that any additional 203 mitigation floor area required by the recent Minor PUD Amendments above the 204 amount specified within the First Amendment be provided within the subject building; 205 The exception being that the additional housing required by Building 13A could be 206 mitigated within either Building 13B. 207 208 Plete The Applicants submitted as amended design on January 15, as undated on 209 January 26. 2009, to accommodate the additional 323 square feet requirement on 210 the P2 level, by increasina the unit by 381 square feet to accommodate a two- 211 bedroom employee unit, is acceptable and satisfactory for mitigating the remaining 212 employee requirements for Building 213 214 215 aMeadFneet.1 216 217 4. Total Floor Area / Maximum F.A.R. According to the Final Base Village PUD 218 Guide, Lot 3 of the Base Village P.U.D. Final Plat, where Building 8 is planned for 219 construction together with Buildings 6 and 7 (Arrival Center), contains 2.48 acres or 220 108,028 square feet. A minimum lot size variation was previously granted with the 221 Final PUD to permit an F.A.R. of 1.29:1 for Lot 3 as the MU-2 zoning requires a 222 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 223 139,356 square feet. 224 TC Ord 09-02 Page 6 of 14 225 In Building 8, the proposed floor area change from 92,386 square feet (per previous 226 modification approval) to 95,839 square feet would increase the total approved floor 227 area for Buildings 6, 7 and 8 on Lot 3 from 136,715 (per the Final PUD) to 139,763 228 square feet. Therefore, the proposed floor area would be 407 square feet more than 229 the allotment of 139,356 square feet. 230 231 While the Final PUD Guide has the availability of 2% increase of the F.A.R. by way 232 of an administrative modification application, this request to exceed the maximum 233 F.A.R. limit for Lot 3 was not administratively applied for by the Applicant. Therefore, 234 the Applicant Is applying at this time for an absolute maximum of 142,143 square 235 feet as a floor area variation. 236 237 The Town Council finds permitting the floor area limit for Lot 3 to be increased to 238 142,143 square feet to be asseptable:lnot acceptable, and therefore, shouldshall be 239 reduced to 139,763 square feet in order to accommodate the existing approvals for 240 Buildings 6 and 7 as well as only Building 8 as proposed. 241 242 The Applicant's proposed additional 58 square feet of-additioaalabove the required 243 mitigation employee housing, which was created by adding 381 square feet on the 244 P2 level to mitigate the balance of 323 square feet, isfls not a satisfactory 245 community purpose for the floor area variation modification and such community 246 purpose istis not achieved as a result of grantino-such floor area variation 247 modification. 248 249 5. Skier Services. The Skier Services space for the planned Mountain Club in Building 250 8 would be reduced by approximately 400 square feet due to the proposed egress 251 corridor on the P2 level. Such a change slightly affects the overall employee 252 housing requirements and parking demand for Building 8. The proposed change is 253 acceptable. 254 255 6. Building Height Variation Increase. The Town Council has reviewed the two 256 height variation modifications involving, a) a ,1.08-foot increase for the roof pitch 257 facing Wood Road near the northeast portion of the building, and b) a 5.08 foot 258 increase from 52 to 57.08 feet for the elevator shaft tower facing the south 259 pedestrian plaza side of the building. 260 261 Town Council finds that an additional V-0" height variance from actual height 262 variations approved was granted per the previous Final PUD height variations, and 263 the Planning Director is allowed to grant an additional V-0" foot above that standard 264 per the Final PUD Guide subject to the Applicant applying for an administrative 265 modification. However, the first height variation modification appears acceptable 266 pursuant to the 'encourage better design' community purpose offered by the 267 Applicant, and the first height variation is acceptableinot-aceeptable. 268 TC Ord 09-02 Page 7 of 14 269 Concerning the second height variation change, Town Council finds that the height 270 increase for the elevator tower (to 8484'-0") is approximately two to three feet above 271 the main, highest roof ridge (at 8481'-2") for Building 8 and that it would likely be 272 difficult to observe from Wood Road or Brush Creek Road and would have a greater 273 impact upon views from the pedestrian plaza or Fanny Hill, and the views from 274 surrounding properties would not be substantially adversely affected. The higher 275 elevator shaft, as a result of the needed room for ventilation purposes, appears 276 designed as a tower or copula feature that might necessarily enhance the functional 277 design on the south side of Building 8 and in terms of being compatible with the 278 height, mass, scale, orientation and configuration with other structures in the PUD 279 and with adjacent structures, is therefore acceptable: 280 281 7. Building Architecture. With the exception of the proposed awnings, in addition to 282 those related to the modifications to the clinic staging area, which could not be 283 evaluated at this time due to the lack of information, the proposed modifications to 284 the Building 8 architecture appear insubstantial and are therefore approved. 285 286 8. Landscape Plan. 287 288 289 290 nal Rl}BThe proposed planting shows in increase in deciduous trees from 53 to 75 291 and an increase in coniferous trees from 23 to 31 for a total increase from 76 to 106 292 trees. The Final PUD plan had approximately 40 percent of the approved 76 trees 293 as oversized specimens and the proposed plan has approximately 15 percent of the 294 eroposed 106 trees as oversized. However, due to the increase of trees by 295 approximately 39 percent, the proposed planting plan for Building 8 is/is not 296 acceptable. 297 298 9. Parking. The parking required and provided for the 27 units in Building 8 remains 299 unchanged at 21. The parking required for the clinic is 19 spaces and 21 spaces are 300 provided in the garage below the clinic. The parking demand anticipated for the food 301 and beverage outlet on the village level is 13 spaces for the estimated 104 Indoor 302 and outdoor seats. The amount of restaurant seating currently permitted in the Base 303 Village core is 1,020 seats, of which 701 seats have been accounted as part of 304 existing or approved food and beverage tenant spaces. The Building 8 restaurant 305 would increase the seating count within the core to at least 805 seats, and Town 306 Council finds that future food and beverage within the core might be constrained by 307 the 1,020 seat cap until the Base Village Parking Management Plan is amended. 308 309 The parking provided for the skier services space or Mountain Club remains at 57 310 spaces, not including the additional 52 valet parking spaces. The future usage(s) for 311 the unentitled space has yet to be mitigated. 312 TC Ord 09-02 Page 8 of 14 313 Overall, the parking provisions necessary to meet the demand for Building 8 and its 314 amendments at this time are acceptable. However, even though the residential 315 parking in the garage amounts to 164 spaces and the existing and approved 316 residential of 196 units in the core requiring 147 spaces plus the 11 existing and 317 approved employee units in the core requiring 11 spaces are below the residential 318 allocation, there are outstanding concerns about documenting or reserving the 319 location of the parking space for each of the employee units as well as where such 320 spaces would be allocated among the provision for 12 employee unit parking spaces, 321 per the parking management plan, within the designated residential parking areas in 322 the garage. 323 324 10. Clinic. The clinic space, designated as "Community Facilities" in the original PUD, is 325 proposed for reduction from 5,987 square feet, as approved in Record of Decision 326 No. 8, to &,4685y68 square feet. The reduction occurs in order to improve 327 emergency access to the clinic and to provide a corridor to create a necessary 328 second access point to the employee units on Level P-2. The necessary reduction in 329 square footage is acceptable. 330 331 11. Fire District Issues. The Snowmass-Wildcat Fire Protection District has respended 332 vAWndicated they had eutstandingconcerns as of December 91, 2008 pursuant to 333 pertaining to the planned side entrance"and loading platform 334 and/or the patient transfer platform and the ambulance access thereto. 335 336 During first readina of this Ordinance. the Town Council was 337 made aware that the Apolicant was working to address the are remaining concems 338 about the clinic's patient loading platform, the tight configuration thereof, snow shed 339 concerns, the need for a man lift, the desire for an acceptable interface with the 340 adjoining ski-back trail, and the adequate size for a staging area and patient transfer 341 olatform for emergency purposes. 342 343 Nets:-The Applicant has submitted an amended design on January 15, 2009, as 344 further updated a6and received on January 28. 2009 (see attached Exhibit "B") to 345 address the concerns, and such plans have/have not been accepted by the affected 346 stakeholders, and is therefore acceptable/not acceptable.;--pewrever, the 347 348 February 2 To;AA GauRAN meeting. The GFdinaAG9 will then A89d in hQ AFAAAded t 349 respond 19 the amepdment.j 350 351 12. Timing. Town Council finds that: 352 a. The 2007 CMP Amendments were approved showing the completion of Building 353 7 by November 2009 and Building 8 by April 2010; 354 b. Pursuant to the 2008 Construction Management Plan (CMP) Amendment, 355 Buildings 4AB, 5 6, 7, 8, 9AB, 9C and 11 were to have begun construction 366 between April 14, 2008 and November 27, 2008; TC Ord 09-02 Page 9 of 14 357 c. When the 2008 CMP Amendment was approved, on March 31, 2008 by Record 358 of Decision #23 per Town Council's directive, the CMP only granted the timing, 359 phasing or CMP changes up to April 2009; 360 d. It is now apparent that the construction timing and phasing for Base Village could 361 potentially be longer than anticipated, and there is an obvious necessity that a 362 new CMP amendment application be submitted whereby the Applicant needs to 363 revise the time table in their construction management plan or the phasing in the 364 PUD for future building construction; and 365 e. Following discussions with the Applicant, it was agreed that said application will 366 be submitted by no later than March 31, 2009. 367 368 13. Development Agreement. In consideration of the previous commitments or 369 representations by the Applicant, and the community's interest to have the Transit 370 Center operational by November 2009 pursuant the Applicant's current timing 371 estimates and representations in their construction management plans, the Applicant 372 I has offered the Development Agreement, received on January 28. 2009 and 373 attached hereto as Exhibit "613", incorporated herein by reference,-Fese+ved-as et 374 JaguaP1128r,4999. 375 376 The Town Council ANAg Commission finds that such proposal for 377 the vertical circulation from the transit garage to the village pedestrian level be 378 designed in a user-friendly interim fashion for arriving guests and visitors and 379 recognizes that the Village Level Arrival Center Building would require further design 380 I specific approval. The Town Council does Pat agreelfurther finds and agrees with 381 the Planning Commission that because there are numerous infra3tructural 382 accommodations (such as substantial public toilet facilities, arrival accommodations, 383 etc.), a mechanism should be found whereby there is certainty that Building 7 is 384 completed as approved, or as may be amended, in a timely way. 385 386 14. Other Review Standards. In addition to addressing the criteria above for 387 consistency or enhancement of the original PUD, the proposed amendments to 388 Building 8, (a) would not have a substantially adverse effect on the neighborhood 389 surrounding the land where the amendment is proposed, or have a substantially 390 adverse impact on the enjoyment of land abutting upon or across the street from the 391 subject property, (b) would not change the basic character of the PUD or 392 surrounding areas, and (c) would comply with other .applicable standards or as 393 generally addressed per the core issue findings and recommendations stated above. 394 395 15. Lot 3 Subdivision Exemption, The Applicant has submitted a subdivision 396 exemption application to permit a temporary lot split of Lot 3. Base Village. Lot 3A of 397 the subject lot split would be 1.16 acres in size and contain Building 8 which. as 398 approved by this Ordinance, will be 95.839 square feet in size. The F.A.R. for Lot 3A 399 would be 1.9:1 where the Base Village PUD F.A.R. for Lot 3 in total is 1.29:1. The 400 Town Council finds it to be acceptable to grant a temporary F.A.R. variation for Lot TC Ord 08-02 Page 10 of 14 401 3A subject to approval of the subdivision exemption application and the terms and 402 conditions of Resolution No. 4. Series of 2009. 403 404 Section Th ree: Action. Subject to the conditions contained in Section Four below, the 405 Town Council hereby approves the Minor PUD Amendment to Building 8, as further 406 described within the referenced application documents listed below. 407 408 The Town Council specifically accepts and approves: 409 410 1. Minor PUD Amendment. The Minor PUD Amendment to Building 8, as 411 summarized in attached Exhibit "A"; 412 413 2. Maximum Buildout / Unit Equivalency variation modification. An amendment to 414 the buildout variation or increase in the unit eouivalencv by 1.65 U.E. for Building 415 8, from 43.15 (pursuant to Record of Decision IRODI #8) to 43.20 (pursuant to 416 ROD #31) to 44.85 U.E. per the current proposal, resulting in the cumulative UE 417 cap increase in Base Village from 394.35 to 396.00 UE. 418 419 2-3. Maximum F.A.R. Wariation modification for existing Lot 3: From 136,715 420 per the Final PUD) to 139,763 square fee for Lot 3, Base 421 Village P.U.D. Final Plat. 422 423 3-A. Maximum Height Uvariation modifications: a) Increase in measured 424 height near northeast portion of building off Wood Road, Point 'A' by 1.08 feet as 425 a result of lowered finished floor of the parking garage below the clinic; and b) 426 increase from 52 feet to 57.08 feet measured from finished grade for the 427 elevator tower on the south side next to the pedestrian plaza. 428 429 5. Amendments submitted January 15, 2009, as updated as received January 28, 430 2009 (Exhibit "B"), that include: a) a written description of all the amendments 431 proposed. b) a Development Agreement titled 'Building 7 Essential Public 432 Facility' with further information that includes a scope of work description and 433 site layout and floor plan drawings illustrating the proposed vertical circulation. 434 and a schedule layout chart, c) conceptual renderings of the interim facade 435 treatment for Building 7, d) clinic staging and patient transfer platform plans 436 elevations and details, including drawings of the emergency access drive and 437 proposed fire truck lay-by areas off of Wood Road next to Building 8, e) updated 438 P2 level floor plans showing the increase of the employee unit on the P2 level by 439 381 square feet replacing previous BOH space to satisfy the employee housing 440 requirement for Building 8. f) updated floor plans of the 3 level to clarify or 441 confirm the number of lockoffs at 19 in Building 8, g) modification of the 442 development statistics matrix for Building 8 to account for the increased 443 employee housing area and the recessed alcove for the clinic, h) updated 444 proposed planting plans for the Building 8 site, and i) landscape plans for the 445 Phase 1 B or Lot 3 area of the Base Village P.U.D. Final Plat. TC Ord 09-02 Page 11 of 14 446 447 6. Temporary F.A.R. variation modification for proposed Lot 3A: In accordance 448 with and subject to the terms and conditions of Resolution No. 4. Series of 2009 449 granting IhA exemption res;Gk4ieaapproval for a lot 450 split involving Lot 3. an F.A.R. Limit temporary variation of 95.839 square feet for 451 Building 8 only on proposed Lot 3A, etbeing 1.16 acres in size, that would 452 ReFmallv allew_ 453 s hereby granted permitting the F.A.R. Limit for Lot 3A 454 to be 1.9:1, subiect to the understanding that the variation shall onN essurapply 455 during life—term of the temporary exemption plat, 456 eureesesr and that it would eventually be vacated or 457 voided..at which time the variation shall be void and the maximum F.A.R. Limit 458 shall revert back to the 139,763 square feet or 459 1.29:1 F.A.R. Limit for Lot 3 as originally approved in the Base Village PUD and 460 subdivision platted. 461 462 Section Four: Conditions. As conditions of the final approvals granted herein, the 463 Applicant will comply with or implement the following: 464 465 466 467 468 469 470 471 472 473 474 1. Additional employee housing restrictions. The Applicant-shag: 475 476 a) Shall comply with the provisions in the Base Village Restricted Housing 477 Agreement or the First Amendment thereof, in particular the restrictions 478 concerning the initial sales price, rental rates, and assessment provisions for 479 the two mWeaUeg—employee housing mitigation units within Building 8. 480 Further, the units shall be filled by the Town's Housing Office pursuant to the 481 Town's Housing Office Policies and Procedures' as may in effect from time 482 to time; 483 484 b) Provide Condominium Documents for Building 8 that will reflect that the 485 assessments, whether general or special, shall be allocated to each 486 employee housing unit in Building 43M shall be no more than 50% of the 487 share otherwise attributable to such emnlovee housing unit as calculated in 488 accordance with the assessment formula set forth in the documents 489 Pertaining to the free market units. The Condominium Documents shall not 490 permit this provision to be removed or amended without Town approval; and TC Ord 09-02 Page 12 of 14 491 492 c) Record a restrictive covenant on each employee housing unit approved by 493 this Ordinance designating each unit as restricted housing subject to the 494 requirements of Chapter 17 of the Snowmass Village Municipal Code, Base 495 Village Restricted Housing Agreement and Town Housing Department 496 Guidelines in effect at the time of condominiumization. 497 498 499 500 1 only be pemil#ed from 136,716 (peF the FiRal PUP) to 139,763 squaFe 501 502 503 504 4.2_Building Architecture. The Applicant shall submit a material / color sample of 505 the proposed awning at the porte-cochere and the clinic entrance, including any 506 signs or lighting proposed, for review to the satisfaction of the Planning Director prior 507 to the issuance of a building permit. 508 509 !i 3. Landscape Plan. 510 511 512 513 514 GenifiGate W 066upanGy en 13wilding G. IA additien,4The AppliGant shall Gub inal 515 landscape plan drawings for the Phase IB aad It areas on Lot 3 in Base Village RW 516 shall be reviewed and approved to the 517 satisfaction of the Planning Director in accordance with Condition #2 in Ordinance 518 No. 21, Series of 2004, prior to issuance of further building permits on Lot 3 affecting 519 either Building 6 or 7. but not necessarily the temporary vertical circulation as 520 described or illustrated in attached Exhibit 'B-." and the interim landscaping intended 521 for installation in front of Building 7, 522 523 6-4. Parking for Food and Beverage uses. If and prior to when the 1,020 seat cap 524 for food and beverage outlets within the Base Village core might be compromised or 525 exceeded, the Applicant shall submit for consideration an amendment to the Base 526 Village Parking Management Plan including justification of the adequacy of the 527 parking provisions and associated demand. 528 529 7--.5_Parking for employee units. The Applicant shall document the location of the 530 parking space for each of the employee units as well as where such spaces would 531 be allocated among the provision for 12 employee unit parking spaces, per the 532 parking management plan, within the designated residential parking areas in the 533 garage to the satisfaction of the Planning Director prior to the issuance of a 534 Certificate of Occupancy. 535 TC Ord 09-02 Page 13 of 14 536 9-.6. Fire District Issues. In reference to the attached Exhibit "B" amendment 537 involving the clinic staging area. the Applicant sheuldshall remain flexible and work 538 toward final resolution concerning any remaining outstanding issues regarding the 539 clinic's patient loading platform, 540 541 aAd 542 shall FAA;;;iF; flexible fGF possible medifinatigns that Fnight be Reeded, iF;G!UdiF;@ 543 544 545 the sliaisand any other related design aspects, including resolution of the latest Town 546 Engineer and the Snowmass-Wildcat Fire Protection District comments referenced in 547 Exhibit "C." in regard to the design of the fire truck / ambulance lay-by off of Wood 548 Road, with the subsequent construction plans for Building—8 to the satisfaction of the 549 Town GeunsitMana er prior to nARsideFatien at the seGand Fending of !hjs 550 erdinaneeissuance of 4RIA a:a building permits-en for Building 8; and, that the 551 emergency access drive for ambulances and related emergency equipment shall be 552 I restricted for the usage of the clinic space only as implemented by a gate arm as 553 referenced in attached Exhibit "B." 554 555 &7_Tim)ng. The Applicant is strongly advised that it is imperative that the 556 construction management plan for Base Villagd, including the possible re-phasing 557 thereof, be amended, submitted for review by March 31, 2009 and considered or 558 acted upon by the Town prior to April 30, 2009. 559 560 Section Five: PUD Enforcement. The terms and conditions of this Ordinance and the 561 Final Minor PUD Amendment Application and modifications thereto approved hereby, 562 are enforceable by the Town without restriction in accordance with the provisions of 563 Section 16A-5-380(a). Enforcement of approved PUD plan, of the Municipal Code. 564 Enforcement in favor of residents, as contemplated in Section 16A-5-380(b) of the 565 Municipal Code is hereby limited to fee simple owners and the master association. 566 567 Section Six: Severablltty. If any provision of this Ordinance or application hereof to 568 any person or circumstance is held invalid, the invalidity will not affect any other 569 provision or application of this Ordinance which can be given effect without the invalid 570 provision or application, and, to this end, the provisions of this Ordinance are severable. 571 572 INTRODUCED, READ, AND APPROVED, as amended, on first reading on the motion 573 of Town Council member Wilkinson and the second of Town Council member Butler by 574 a vote of 4 in favor and 1 against, on this 200' day of January 2009 (Council member 575 Lewis against). 576 577 READ, APPROVED, AND ADOPTED on second reading on the motion of Town Council 578 member and the second of Town Council member 579 by a vote of,in favor and_against, on this 2n4 day of February 2009. 580 TC Ord 09-02 page 14 of 14 581 TOWN OF SNOWMASS VILLAGE 582 583 584 585 Bill Boineau, Mayor 586 ATTEST: 587 588 589 590 Rhonda B. Coxon, Town Clerk 591 592 APPROVED AS TO FORM: 593 594 595 596 John C. Dresser, Jr., Town Attorney 597 598 Attachments: 599 Exhibit "A"— Summary of amendments, usages and development parameters. 600 601 Exhibit "B" 602 603 604 Exhibit "6B" — Supplemental amendment to the application, includina the Development 605 Agreement titled "Building 7 Essential Public Facility,-' latest clinic staging and patient 606 transfer platform design, modified floor plans for the expanded emolovee unit, updated 607 development statistics matrix, and planting plans for Building 8, received jaadaFy-19, 608 2688as updated on January 28, 2009. 609 610 Exhibit "C" — Review comments dated January 27 and 28, 2009 from the Town Engineer 611 and the'Snowmass-Wildcat Fire Protection District concerning the fire truck/ambulance 612 lay-by area off of Wood Road. 613 614 Reference Material: 615 Application Notebook and 11" x 17' drawing set dated November 18, 2008; aped 616 Staff Report to the Town Council for the January 20, 2009 meeting-; 617 Supplemental amendment updated as received January 28. 2009: and 618 Staff Report to the Town Council for the February 2. 2009 meetina. ATTACHMENT 4 Final Version of Ordinance No. 2, Series of 2009 with exhibits J ATTACHMENT 4 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 AND MODIFICATIONS THERETO FOR BUILDINGS 8. 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 Pt 28 level to this P2 level area resulting in two employee units on the P2 level thus increasing 29 the employee housing mitigation square footage provision; g) adding a side entrance 30 and loading platform for emergency personnel circulation next to the clinic space; h) 31 converting the previous employee studio unit on the P1 level into a free-market lock-off 32 of Unit C-6 thus increasing the lockoff count to 19 and the unit equivalency for the C-6 33 unit from 0.65 to 1.15 U.E.; i) expanding portions of the units on the top 41h level into 34 unused attic space under the existing roof line thus increasing that level's floor area by 35 1,073 square feet and the resulting unit equivalency from 13.85 to 16.05 U.E.; j) 36 increasing elevator shaft height on south village plaza side by 5.08 feet to accommodate 37 ventilation equipment, adding vents, k) changing roof material at 5 secondary dormers 38 from copper to asphalt shingles and eliminating the elevated section between the two 39 copulas on the main roof ridge; 1) building elevation changes modifying window sizes, 40 styles and location slightly, adding an egress stairway from pool level, adding a.balcony 41 to the residential Unit C-6 below the restaurant, and adding lowers to the fenestration 42 design; m) redesigning the wall around the pool to incorporate a terraced treatment with 43 landscaping and trees in between the stepped stone walls; n) changing the clinic 44 garage entry from one to two doors and adding a clearance sign; o) adding a canopy at TC Ord 09.02 Page 2 of 13 45 the porte-cochere entrance and at the pedestrian entrance to the Clinic off Wood Road; 46 p) revising window configuration for Unit C-6; and q) removing four windows beneath the 47 ski-under bridge that connect the village plaza areas; and 48 49 WHEREAS, the Applicant requests a modification of buildout variation to 50 increase the unit equivalency for the Building 8 changes by 1.65 UE and a revision to 51 the height variation limitations to provide ventilation equipment for the elevator tower 52 located on the pedestrian plaza or south side of Building 8; and 53 54 WHEREAS, said application is more fully described within the application 55 notebook and supplemental 11" x 17' drawings and information dated November 18, 56 2008; and 57 58 WHEREAS, a public meeting was scheduled before the Planning Commission 59 on January 7, 2009 together with a spacial meeting on January 14, 2009 to receive an 60 initial presentation by the.Applicant and begin review of the application and to hear the 61 recommendations of Town Staff and to provide recommendations to the Town Council 62 via action on Resolution No. 5, Series.of 2009; and 63 64 WHEREAS, the supplemental information submitted-by the Applicant occurred 65 on January 9, 2009 primarily in response to previous Staff comments and the core 66 Issues identified in the staff report for the meeting on January 7, 2009; and 67 68 WHEREAS, the Applicant amended or supplemented the application on January 69 12, 2009 with the submission of a Development Agreement titled "Building 7 Essential 70 Public Facility,"and subsequently updated the agreement on January 13, 2009 following 71 a staff meeting, for review by the Planning Commission during the January 14, 2009 72 meeting; and, has further provided updates on January 15 and 28 and is attached 73 hereto and incorporated herein by reference as Exhibit"B"; and 74 75 WHEREAS, on January 15, 2009, as further updated and received on January 76 28, 2009, the Applicant submitted a supplemental amendment to the Minor. PUD 77 Amendment application, as attached hereto and Incorporated herein by reference, that 78 includes: a) a written description of all the amendments proposed, b) a Development 79 Agreement titled 'Building 7 Essential Public Facility" with further information that BO includes a scope of work description and site layout and floor plan drawings illustrating 81 the proposed vertical circulation, and a schedule layout chart, c) conceptual renderings 82 of the interim fagade treatment for Building 7, d) clinic staging and patient transfer 83 platform plans, elevations and details, including drawings of the emergency access drive 84 and proposed fire truck lay-by areas off of Wood Road next to Building 8, e) updated P2 85 level floor plans showing the increase of the employee unit on the P2 level by 381 86 square feet replacing previous BOH space to satisfy the employee housing requirement 87 for Building 8, f) updated floor plans of the 3rd level to clarify or confirm the number of 88 lockoffs at 19 in Building 8, g) modification of the development statistics matrix for 89 Building 8 to account for the increased employee housing area and the recessed alcove TC Ord 09-02 Page 3 of 13 90 for the clinic, h) updated proposed planting plans for the Building 8 site, and i) landscape 91 plans for the Phase 1 B or Lot 3 area of the Base Village P.U.D. Final Plat; and 92 93 WHEREAS, said application was scheduled for review and consideration 94 pursuant to Section 16A-5-390 of the Municipal Code. 95 96 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 97 Village, Colorado: 98 99 Section One: Findings. The Town Council hereby finds that: 100 101 1. The Applicant has submitted sufficient information pursuant to Section 16A-5-390 of 102 the Municipal Code to permit the Town Staff, the Planning Commission, and the 103 Town Council an adequate review of the proposed Minor PUD Amendment. 104 105 2. Public hearing notification requirements were scheduled to be met for this 106 application pursuant to Municipal Code Section 16A-5-60, including the Applicant's 107 submittal of the signed l}ffidavits for the mailing and posting of the hearing notice 108 that were submitted on January 21, 2009. 109 110 3. Except as noted within Section Two below, the application is compliant with the 111 applicable review standards specified within Section 16A-5-390(3) of the Municipal 112 Code, 113 114 Section Two. Specific Findings. The Town Council specifically finds that: 115 116 1. Consistent with the original PUD. The proposed modifications must be found to 117 be consistent with, or an enhancement of, the original PUD approval. 118 119 Lot 3, Base Village Planned Unit Development, contained Buildings 6, 7 and 8. The 120 variations requested for the original building were represented as being necessary to 121 provide "hotel-like H.O.T. beds". The units were "designed and programmed to be 122 H.O.T. beds by virtue of, (a) their size and layout, (b) the hotel-like amenities 123 associated with Base Village, (c) the ski-in/ski-out location of the units, and (d) the 124 rental management program that will be made available to unit owners (the "New 125 H.O.T. Beds)". 126 127 The Town Council finds that the proposed amendments to Building. 8 are an 128 enhancement to the original BV PUD provided that an additional lockoff unit and 129 employee unit would be created as part of the amendment requests. 130 131 2. Buildout / Unit Equivalency / Unit Re-conflguratlon. Town Council Ordinance 132 No. 4, Series of 2008 (Building 13A Minor PUD Amendment) together with 133 Ordinance No. 9, Series of 2008 (Building 4AB Minor PUD Amendment), confirmed 134 that the maximum allowed Unit Equivalency ("UE°) for the Base Village PUD may TC Ord 09.02 Page 4 of 13 135 only be amended to be 391.4 UE.; Further, there is Ordinance No. 17, Series of 136 2008 (Building 13B Minor PUD Amendment), which was approved January 26, 2009, 137 which authorized the increase of 2.95 UE for Building 13B from 41.25 to 44.95 UE 138 thus increasing the overall UE cap for Base Village from 391.4 to 394.35 UE. 139 Therefore, in order for any future further amendment to the Base Village total UE to 140 be considered, the applicant must satisfactorily explain in the context of all 141 reasonably foreseeable amendments to the BV PUD the necessity for any increase 142 in the total UE. 143 144 With the proposed amendments to Building 8, the application proposes an 145 amendment to the buildout variation or increase in the unit equivalency by 1.65 U.E., 146 from 43.15 (pursuant to Record of Decision [ROD) #8) to 43.20 (pursuant to ROD 147 31) to 44.85 U.E. per the current proposal, which is a result of the proposed 148 modification of the unit types and sizes, the additional lockoff on the P1 level, the 149 reconfiguration of Unit E-3 on the top a Level (per previous administrative 150 modification), and the proposed expansions of Units E-1 (2) and E-2 into the unused 151 attic space below the roof line on the 4"' Level. In this case, the 1.65 UE increase 152 for the Building 8 amendments would result in the cumulative UE cap increase in 153 Base Village from 394.35 to 396.00 UE, which is acceptable. 154 155 The Applicant's proposed community purposes for the buildout variation increase 156 are outlined on pages 3 and 4 of Section 1 in their application notebook, primarily 157 focusing upon encouraging sustainable development. However, the original Base 158 Village proposal's community purposes for encouraging sustainable development 159 focused upon the provision of improved connectivity as one of the elements, 160 including a transit facility to the central parking structure to be used by the Town 161 shuttle and RFTA. The Development Agreement received January 28, 2009 162 Attached as Exhibit °B") provides for the timely delivery of transit and vertical 163 circulation as previously envisioned by November 2009; however, it does not earlier 164 provide for full Infrastructure and amenities anticipated in Building 7 (Arrival Center) 165 by the original PUD. Without the transit facility as one of the means to encourage 166 sustainable development for the original Base Village project, it Is difficult to justify 167 sustainable development as it pertains to the current amendment proposal without 168 the transit facility. Therefore, the community purposes assured in the current 169 development agreement received January 28, 2009 (Exhibit °B°) are satisfactory to 170 justify the increase in the buildout variation. 171 172 The Town Council finds that the proposed 1.65 UE increase in Building 8 may be 173 permissible as it primarily Involves the proposed modification of the unit types and 174 sizes, an additional lockoff on the P1 level, the reconfiguration of the Unit E-3 on the 175 a Level per previous administrative modification, and the proposed expansions of 176 Units E-1 (2) and E-2 into the unused attic spaces below the roof line on the 0 level. 177 The proposed buildout variation increase for Building 8 would not be detrimental to 178 the original BV PUD subject to the Applicant providing a justifiable community 179 purpose. TC Ord 09.02 Page S of 13 180 181 3. Employee Housing. Employee housing requirements of 12,047 square feet were 182 previously calculated for Building 8 with 1,000 square foot mitigation being provided 183 in Building 8 and the remainder mitigated elsewhere on the Base Village site or off 184 site. Building 8 included a 1,000 sq. ft. one-bedroom employee unit as part of the 185 original BV PUD. 186 187 In referencing the employee housing requirement calculations in the First 188 Amendment to the Base Village Restricted Housing Agreement ("First Amendment") 189 pursuant to Ordinance No. 3, Series of 2007, together with Ordinance No. 4, Series 190 of 2008, for the Building 13A approval, the previous modifications per Record of 191 Decision No. 8, and the proposed changes in Building 8 would require 12,295 square 192 feet of employee housing, or an increase of 248 square feet. 193 194 The First Amendment specified a mitigation requirement of 12,047 square feet of 195 employee housing for Building 8 and indicated that 1,191 square feet would be 196 provided within Building 8. The Applicant proposes to provide 1,116 square feet in 197 this application. This 75 square foot shortfall plus the 248 square feet of additional 198 mitigation equals 323 square feet. 199 200 Town decision makers have previously recommended or required that any additional 201 mitigation floor area required by the recent Minor PUD Amendments above the 202 amount specified within the First Amendment be provided within the subject building; 203 The exception being that the additional housing required by Building 13A could be 204 mitigated within either Building 13B. 205 206 The Applicant's submitted amended design on January 15, as updated on January 207 26, 2009, to accommodate the additional 323 square feet requirement on the P2 208 level, by Increasing the unit by 381 square feet to accommodate a two-bedroom 209 employee unit, is acceptable and satisfactory for mitigating the remaining employee 210 requirements for Building 8. 211 212 4. Total Floor Area / Maximum F.A.R. According to the Final Base Village PUD 213 Guide, Lot 3 of the Base Village P.U.D. Final Plat, where Building 8 is planned for 214 construction together with Buildings 6 and 7 (Arrival Center), contains 2.48 acres or 215 108,028 square feet. A minimum lot size variation was previously granted with the 216 Final PUD to permit an F.A.R. of 1.29:1 for Lot 3 as the MU-2 zoning requires a 217 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 218 139,356 square feet. 219 220 In Building 8, the proposed floor area change from 92,386 square feet (per previous 221 modification approval) to 95,839 square feet would increase the total approved floor 222 area for Buildings 6, 7 and 8 on Lot 3 from 136,715 (per the Rnal PUD) to 139,763 223 square feet. Therefore, the proposed floor area would be 407 square feet more than 224 the allotment of 139,356 square feet. TC Ord 09-02 Page 6 of 13 225 226 While the Final PUD Guide has the availability of 2% increase of the F.A.R. by way 227 of an administrative modification application, this request to exceed the maximum 228 F.A.R. limit for Lot 3 was not administratively applied for by the Applicant. Therefore, 229 the Applicant is applying at this time for an absolute maximum of 142,143 square 230 feet as a floor area variation. 231 232 The Town Council finds permitting the floor area limit for Lot 3 to be increased to 233 142,143 square feet to be not acceptable, and therefore, shall be reduced to 234 139,763 square feet in order to accommodate the existing approvals for Buildings 6 235 and 7 as well as only Building 8 as proposed. 236 237 The Applicant's proposed additional 58 square feet above the required mitigation 238 employee housing, which was created by adding 381 square feet on the P2 level to 239 mitigate the balance of 323 square feet, isAs not a satisfactory community purpose 240 for the floor area variation modification and such community purpose isAs not 241 achieved as a result of granting such floor area variation modification. 242 243 5. Skier Services. The Skier Services space for the planned Mountain Club'in Building 244 8 would be reduced by approximately 400 square feet due to the proposed egress 245 corridor on the P2 level. Such a change 'slightly affects the overall employee 246 housing requirements and parking demand for Building 8. That proposed change is 247 acceptable. 248 249 6. Building Height Variation Increase. The Town Council has reviewed the two 250 height variation modifications involving, a) a 1.08-foot increase for the roof pitch 251 facing Wood Road near the northeast portion of the building, and b) a 5.08 foot 252 increase from 52 to 57.08 feet for the elevator shaft tower facing the south 253 pedestrian plaza side of the building. 254 255 Town Council finds that an additional V-0" height variance from actual height 256 variations approved was granted per the previous Final PUD height variations, and 257 the Planning Director is allowed to grant an additional 1'-0" foot above that standard 258 per the Final PUD Guide subject to the Applicant applying for an administrative 259 modification. However, the first height variation modification appears acceptable 260 pursuant to the 'encourage better design' community purpose offered by the 261 Applicant, and the firs4 height variation is acceptable. 262 263 Concerning the second height variation change, Town Council finds that the height 264 increase for the elevator tower (to 8484'-0") is approximately two to three feet above 265 the main, highest roof ridge (at 8481'-2") for Building 8 and that it would likely be 266 difficult to observe from Wood Road or Brush Creek Road and would have a greater 267 impact upon views from the pedestrian plaza or Fanny Hill, and the views from 268 surrounding properties would not be substantially adversely.affected. The higher 269 elevator shaft, as a result of the needed room for ventilation purposes, appears TC Ord 09.02 Page 7 of 13 270 designed as a tower or copula feature that might necessarily enhance the functional 271 design on the south side of Building 8 and in terms of being compatible with the 272 height, mass, scale, orientation and configuration with other structures in the PUD 273 and with adjacent structures, is therefore acceptable. 274 275 7. Building Architecture. With the exception of the proposed awnings, in addition to 276 those related to the modifications to the clinic staging area, which could not be 277 evaluated at this time due to the lack of information, the proposed modifications to 278 the Building 8 architecture appear insubstantial and are therefore approved. 279 280 8. landscape Plan. The proposed planting shows in increase in deciduous trees from 281 53 to 75 and an increase in coniferous trees from 23 to 31 for a total increase from 282 76 to 106 trees. The Final PUD plan had approximately 40 percent of the approved 283 76 trees as oversized specimens and the proposed plan has approximately 15 284 percent of the proposed 106 trees as oversized. However, due to the increase of 285 trees by approximately 39 percent,the proposed planting plan for Building 8 I8/I8 not 286 acceptable. 287 288 9. Parking. The parking required and provided for the 27 units in Building 8 remains 289 unchanged at 21. The parking required for the clinic is 19 spaces and 21 spaces are 290 provided in the garage below the clinic. The parking demand anticipated for the food 291 and beverage outlet on the village level is 13 spaces for the estimated 104 indoor 292 and outdoor seats. The amount of restaurant seating currently permitted in the Base 293 Village core is 1,020 seats, of which 701 seats have been accounted as part of 294 existing or approved food and beverage tenant spaces. The Building 8 restaurant 295 would increase the seating count within the core to at least 805 seats, and Town 296 Council finds that future food and beverage within the core might be constrained by 297 the 1,020 seat cap until the Base Village Parking Management Plan is amended. 298 299 The parking provided for the skier services space or Mountain Club remains at 57 300 spaces, not including the additional 52 valet parking spaces. The future usage(s) for 301 the unentitled space has yet to be mitigated. 302 303 Overall, the parking provisions necessary to meet the demand for Building 8 and its 304 amendments at this time are acceptable. However, even though the residential 305 parking in the garage amounts to 164 spaces and the existing and approved 306 residential of 196 units in the core requiring 147 spaces plus the 11 existing and 307 approved employee units in the core requiring 11 spaces are below the residential 308 allocation, there are outstanding concerns about documenting or reserving the 309 location of the parking space for each of the employee units as well as where such 310 spaces would be allocated among the provision for 12 employee unit parking spaces, 311 per the parking management plan, within the designated residential parking areas, in 312 the garage. 313 TC Ord 09-02 Page a of 13 314 10. Clinic. The clinic space, designated as °Community Facilities" in the original PUD, is 315 proposed for reduction from 5,987 square feet, as approved in Record of Decision 316 No. 8, to 5,668 square feet. The reduction occurs in order to improve emergency 317 access to the clinic and to provide a corridor to create a necessary second access 318 point to the employee units on Level P-2. The necessary reduction in square 319 footage is acceptable. 320 321 11. Fire District Issues. The Snowmass-Wildcat Fire Protection District indicated they 322 had concerns as of December 31, 2008 pertaining to the planned side entrance and 323 loading platform and/or the patient transfer platform and the ambulance access 324 thereto. 325 326 During first reading of this Ordinance, the Town Council was made aware that the 327 Applicant was working to address the concerns about the clinic's patient loading 328 platform, the tight configuration thereof, snow shed concerns, the need for a man-lift, 329 the desire for an acceptable interface with the adjoining ski-back trail, and the 330 adequate size for a staging area and patient transfer platform for emergency 331 purposes. 332 333 The Applicant has submitted an amended design on January 15, 2009, as further 334 updated and received on January 28, 2009 (see attached Exhibit "B")to address the : 335 concerns, and such plans have/have not been accepted by the affected - 336 stakeholders, and is therefore acceptable/not acceptable. 337 338 12.Timing. Town Council finds that: 339 a. The 2007 CMP Amendments were approved showing the completion of Building 340 7 by November 2009 and Building 8 by April 2010; 341 b. Pursuant to the 2008 Construction Management Plan (CMP) Amendment, 342 Buildings 4AB, 5 6, 7, 8, 9AB, 9C and 11 were to have begun construction 343 between April 14, 2008 and November 27, 2008; 344 c. When the 2008 CMP Amendment was approved, on March 31, 2008 by Record 345 of Decision #23 per Town Council's directive, the CMP only granted the timing, 346 phasing or CMP changes up to April 2009; 347 d. It is now apparent that the construction timing and phasing for Base Village could 348 potentially be longer than anticipated, and there is an obvious necessity that a 349 new CMP amendment application be submitted whereby the Applicant needs to 350 revise the time table in their construction management plan or the phasing in the 351 PUD for future building construction; and 352 e. Following discussions with the Applicant, it was agreed that said application will 353 be submitted by no later than March 31, 2009. 354 355 13. Development Agreement. in consideration of the previous commitments or 356 representations by the Applicant, and the community's interest to have the Transit 357 Center operational by November 2009 pursuant the Applicant's current timing 358 estimates and representations in their construction management plans, the Applicant TC Ord 09-02 Page 9 of 13 359 has offered the Development Agreement, received on January 28, 2009 and 360 attached hereto as Exhibit"B", incorporated herein by reference,. 361 362 The Town Council finds that such proposal for the vertical circulation from the transit 363 garage to the village pedestrian level be designed in a user-friendly interim fashion 364 for arriving guests and visitors and recognizes that the Village Level Arrival Center 365 Building would require further design specific approval. The Town Council further 366 finds that because there are numerous infrastructural accommodations (such as 367 substantial public toilet facilities, arrival accommodations, etc.), a mechanism should 368 be found whereby there is certainty that Building 7 is completed as approved, or as 369 may be amended, in a timely way. 370 371 14. Other Review Standards. In addition to addressing the criteria above for 372 consistency or enhancement of the original PUD, the proposed amendments to 373 Building 8, (a) would not have a substantially adverse effect on the neighborhood 374 surrounding the land where the amendment is proposed, or have a substantially 375 adverse Impact on the enjoyment of land abutting upon or across the street from the 376 subject property, (b) would not change the basic character of the PUD or 377 surrounding areas, and (c) would comply, with other applicable standards or as 378 generally addressed per the core issue findings and recommendations stated above. 379 1 380 15. Lot 3 Subdivision Exemption. The Applicant has submitted a subdivision 381 exemption application to permit a temporary lot split of Lot 3, Base Village. Lot 3A of 382 the subject lot split would be 1.16 acres in size and contain Building 8 which, as 383 approved by this Ordinance, will be 95,839 square feet in size. The F.A.R. for Lot 3A 384 would be 1.9:1 where the Base Village PUD F.A.R. for Lot 3 in total is 1.29:1. The 385 Town Council finds it to be acceptable to grant a temporary F.A.R. variation for Lot 386 3A subject to approval of the subdivision exemption application and the terms and 387 conditions of Resolution No. 4, Series of 2009. 388 389 Section Three: Action. Subject to the conditions contained in Section Four below, the 390 Town Council hereby approves the Minor PUD Amendment to Building 8, as further 391 described within the referenced application documents listed below. 392 393 The Town Council specifically accepts and approves: 394 395 1. Minor PUD Amendment. The Minor PUD Amendment to Building 8, as 396 summarized in attached Exhibit "A"; 397 398 2. Maximum Buildout / Unit Equivalency variation modification. An amendment to 399 the buildout variation or increase in the unit equivalency by 1.65 U.E. for Building 400 8, from 43.15 (pursuant to Record of Decision [ROD) #8) to 43.20 (pursuant to. 401 ROD #31) to 44.85 U.E. per the current proposal, resulting in the cumulative LIE 402 cap increase in Base Village from 394.35 to 396.00 UE. 403 TC Ord 08-02 Page 10 of 13 404 3. Maximum F.A.R. variation modification for existing Lot 3: From 136,715 (per the 405 Final PUD) to 139,763 square feet for Lot 3, Base Village P.U.D. Final Plat. 406 407 4. Maximum Height variation modifications: a) Increase in measured height near 408 northeast portion of building off Wood Road, Point 'A' by 1.08 feet as a result of 409 lowered finished floor of the parking garage below the clinic; and b) increase 410 from 52 feet to 57.08 feet measured from finished grade for the elevator tower 411 on the south side next to the pedestrian plaza. 412 413 S. Amendments submitted January 15. 2009, as updated as received January 28, 414 2009 (Exhibit "B°), that include: a) a written description of all the amendments 415 proposed, b) a Development Agreement titled 'Building 7 Essential Public 416 Facility' with further information that includes a scope of work description and 417 site layout and floor plan drawings illustrating the proposed vertical circulation, 418 and a schedule layout chart, c) conceptual renderings of the interim fagade 419 treatment for Building 7, d) clinic staging and patient transfer platform plans, 420 elevations and details, including drawings of the emergency access drive and 421 proposed fire truck lay-by areas off of Wood Road next to Building 8, e) updated 422 P2 level floor plans showing the increase of the employee unit on the P2 level by 423 381 square feet replacing previous BOH space to satisfy the employee housing 424 requirement for Building 8, f) updated floor plans of the TO level to clarify or 425 confirm the number of lockoffs at 19 in Building 8, g) modification of the 426 development statistics matrix for Building 8 to account for the increased 427 employee housing area and the recessed alcove for the clinic, h) updated 428 proposed planting plans for the Building 8 site, and i) landscape plans for the 429 Phase 1 B or Lot 3 area of the Base Village P.U.D. Final Plat. 430 431 6. Temporary F.A.R. variation modification for proposed Lot 3A: In accordance 432 with and subject to the terms and conditions of Resolution No. 4, Series of 2009, 433 granting subdivision exemption approval for a lot split Involving Lot 3, an F.A.R. 434 Limit temporary variation of 95,839 square feet for Building 8 only on proposed 435 Lot 3A, being 1.16 acres in size, is hereby granted permitting the F.A.R. Limit for 436 Lot 3A to be 1.9:1, subject to the understanding that the varlation shall only apply 437 during term of the temporary exemption plat and that it would eventually be 438 vacated or voided, at which time the variation shall be void and the maximum 439 F.A.R. Limit shall revert back to the 139,763 square feet or 1.29:1 F.A.f3. Limit 440 for Lot 3 as originally approved in the Base Village PUD and subdivision plat. 441 442 Section Four: Conditions. As conditions of the final approvals granted herein, the 443 Applicant will comply with or implement the following: 444 445 1. Additfonal.employee housing restrictions. The Applicant: 446 447 a) Shall comply with the provisions in the Base Village Restricted Housing 448 Agreement or the First Amendment thereof, in particular the restrictions TC Ord 09-02 Pagel 1 of 13 449 concerning the initial sales price, rental rates, and assessment provisions for the 450 two employee housing mitigation units within Building 8. Further, the units shall 451 be filled by the Town's Housing Office pursuant to the 'Town's Housing Office 452 Policies and Procedures' as may in effect from time to time; 453 454 b) Provide Condominium Documents for Building 8 that will reflect that the 455 assessments, whether general or special, shall be allocated to each employee 456 housing unit in Building 8 shall be no more than 50% of the share otherwise 457 attributable to such employee housing unit as calculated in accordance with the 458 assessment formula set forth in the documents pertaining to the free market 459 units. The Condominium Documents shall not permit this provision to be 460 removed or amended without Town approval; and 461 462 c) Record a restrictive covenant on each employee housing unit approved by this 463 Ordinance designating each unit as restricted housing subject to the 464 requirements of Chapter 17 of the Snowmass Village Municipal Code, Base 465 Village Restricted Housing Agreement and Town Housing Department 466 Guidelines in effect at the time of condominiumization. 467 468 2. Building Architecture, The Applicant shall submit a material / color sample of the 469 proposed awning at the porte-cochere and the clinic entrance, including any signs or 470 lighting proposed, for review to the satisfaction of the Planning Director prior to the 471 issuance of a building permit. 472 473 3. Landscape Plan. The final landscape plan drawings for the.Phase IB area on Lot 3 474 in Base Village shall be reviewed and approved t0 the satisfaction of the Planning 475 Director in accordance with Condition #2 in Ordinance No. 21, Series of 2004, prior 476 to issuance of further building permits on Lot 3 affecting either Building 6 or 7, but 477 not necessarily the temporary vertical circulation as described or illustrated in 478 attached Exhibit "B;' and the interim landscaping intended for installation in front of 479 Building 7. 480 481 4. Parking for Food and Beverage uses. If and prior to when the 1,020 seat cap for 482 food and beverage outlets within the Base Village core might be compromised or 483 exceeded, the Applicant shall submit for consideration an amendment to the Base 484 Village Parking Management Plan including justification of the adequacy of the 485 parking provisions and associated demand. 486 487 5. Parking for employee units. The Applicant shall document the location of the 488 parking space for each of the employee units as well as where such spaces would 489 be allocated among the provision for 12 employee unit parking spaces, per the 490 parking management plan, within the designated residential parking areas in the 491 garage to the satisfaction of the Planning Director prior to the issuance of a 492 Certificate of Occupancy. 493 TC Ord 09-02 Page 12 of 13 494 6. Fire District Issues. In reference to the attached Exhibit "B" amendment involving 495 the clinic staging area, the Applicant shall remain flexible and work toward final 496 resolution concerning any remaining outstanding issues regarding the clinic's patient. 497 loading platform and any other related design aspects, including resolution of the 498 latest Town Engineer and the Snowmass-Wildcat Fire Protection District comments 499 referenced in Exhibit."C," in regard to the design of the fire truck /ambulance lay-by 500 off of Wood Road, with the subsequent construction plans for Building 8 to the 501 satisfaction of the Town Manager prior to issuance of a building permit for Building 8; 502 and, that the emergency access drive for ambulances and related emergency 503 equipment shall be restricted for the usage of the clinic space only as implemented 504 by a gate arm as referenced in attached Exhibit "B." 505 506 7. Timing. The Applicant is strongly advised that it is imperative that the construction 507 management plan for Base Village, including the possible re-phasing thereof, be 508 amended, submitted for review by March 31, 2009 and considered or acted upon by 509 the Town prior to April 30, 2009. 510 511 Section Five: PUD Enforcement. The terms and conditions of this Ordinance and the 512 Minor PUD Amendment Application and modifications thereto approved hereby, are 513 enforceable by the Town without restriction in accordance with the provisions of Section 514 16A-5-380(a), Enforcement of approved PUD plan, of the Municipal Code. Enforcement 515 in favor of residents, as coritempiated in Section 16A-5-380(b) of the Municipal Code is 516 hereby limited to fee simple owners and the master association. 517 518 Section Six: Severability. If any provision of this Ordinance or application hereof to 519 any person or circumstance is held invalid, the invalidity will not affect any other 520 provision or application of this Ordinance which can be given effect without the invalid 521 provision or application, and, to this end,the provisions of this Ordinance are severable. 522 523 INTRODUCED, READ, AND APPROVED, as amended, on first reading on the motion 524 of Town Council member Wilkinson and the second of Town Council member Butler by 525 a vote of 4 in favor and 1 against, on this 20"'day of January 2009 (Council member 526 Lewis against). 527 528 READ, APPROVED, AND ADOPTED on second reading on the motion of Town Council 529 member and the second of Town Council member 530 by a vote of_in favor and_against, on this 2n" day of February 2009. 531 532 TOWN OF SNOWMASS VILLAGE 533 534 535 536 Bill Boineau, Mayor 537 ATTEST: 538 TC Ord 09-02 Page 13 of 13 539 540 541 Rhonda B. Coxon, Town Cierk 542 543 APPROVED AS TO FORM: 544 545 546 547 John C. Dresser, Jr., Town Attorney 548 549 Attachments: 550 Exhibit "A" —Summary of amendments, usages and development parameters. 551 552 Exhibit "B" — Supplemental amendment to the application, including the Development 553 Agreement titled °Building 7 Essential Public Facility, latest clinic staging and patient 554 transfer platform design, modified floor plans for the expanded employee unit, updated 555 development statistics matrix, and planting plans for Building 8, received as updated on 556 January 28, 2009. 557 558 Exhibit "C"— Review comments dated January 27 and 28, 2009 from the Town Engineer 559 and the Snowmass-Wildcat Fire Protection District concerning the fire truck/ambulance 560 lay-by area off of Wood Road. 561 562 Reference Material: 563 Application Notebook and 11"x 17'drawing set dated November 18, 2008; 564 k Staff Report to the Town Council for the January 20, 2009 meeting; 565 Supplemental amendment updated as received January 28, 2009; and 566 Staff Report to the Town Council for the February 2, 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 1 10,630 SF 335 SF Service Areas 7,537 SF 10,221 SF 2,684 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 10,462 SF 716 SF Conic 5,921 SF 5,668 SF 253 SF Future Unent iit.l eed Space y rr 5.267 SF 4,794 SFZ J463 SF aiR'"yiiR.:tiiJi iJtili i::F'u t:D 'U rQ.CW r{ iIV.G'1.1t • ••3',s • Number of Units free market 27 27 A 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 Lockoffa 17 19 2 20 w/Final PUD Employee Units in Buildin 1 2 1 Employee Housing Requirement 12,047 SF 12,295 248 Final PUD Employee Housing Mitigation at Bldg 578 SF 1,497 SF 497 SF 1,000 SF with (Up 381 SF from (from Final Final PUD) original app of PUD) 1,116 SF Note: The Skier Services space(mountain club)would reduce by approximately 400 SF as a result of the proposed egress corridor an 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 ft8, or Adm Mod #31 Main roof ridge elevation—Building 8 8481' 8481' 0 Maximum building height in feet at copula—measured from existin rade 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 "A" 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 ff8,or Adm Mod#31 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 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 0 1:300 20 19 1 Parking Provided for Clinic 23 21 2 including 2 HC (including 2 HC and and 2 compact) 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 F9B=Food 8 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 B MINOR PUD AMENDMENT Building 8 Employee Housing Mitigation Methodology Final PUD Ordinance 0421 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 3,166 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 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 46%of amps Provided unit at 448 SF/ em Studio/ t0 0.38 3.80 768.1 1-Bedroom 2-Bedroom 10 0.76 7.60 1532.2 3-Bedroom 5 1 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 4175.1 Skier Services 5 210 SF' 0.96 5.00 1,008.0 Total N.A. N.A. 60.95 12295 SF** 12,047 SF 1,497 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 497 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\Allege Restricted Housing Agreement. rRELATED EXHIBIT "B" W E S T P A G Ordinance No.2, Series of 2W9 Pe9e 1 of 41 January 26, 2008 Chris Conrad ECEWED Planning Director Town of Snowmass Village JAN 2 8 2009 PO Box 5010 Snowmass Village Snowmass Village, CO 81615 CornmurMy Development 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 and Town Council's review of the application and further clarifies information in the original amendment. The amendment request consists of the following Information: 1. Development Agreement—The proposed Development Agreement solidifies Related WestPac's commitment to providing an interirn B"uW'Iding 7 to operate as a fully functional transit center with vertical circulation and public amenities including skl lockers and restrooms. The Agreement includes a conceptual design of the building,scope of work and construction schedule. The details of the plan will be reviewed in a subsequent application specifically for Building 7. 2. 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 structural and lighting details are currently being finalized to the complete satisfaction of all stakeholders. A signed letter from Snowmass Wildcat Fire District and Aspen Skiing Company confirm their approval of the plan. 3. 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 we are now proposing one studio unit and one two-bedroom unit. This enhancement adds two a`dditlonal employee bedrooms within Building 8 for a total of 1,497 square feet. 132 West Main Street, Suite A,Aspen,CO 81611 970)544-0820(t) (970)9203384 (0 rRELATED EXHIBIT "B" TOWN COUNCIL W E S T P A C Ordinance No. 2, series of 2009 Page 2 of 41 The additional 58 square feet above the required mitigation amount w umri ° sa Village q 4 g uniir L>t;e'*x:,nErr. provided as a community purpose for the requested variations. The revised floor plan for the P2 level replaces page 18 of the original 11x17 notebook. 4. Lock-Off Units—The original submittal mistakenly showed hatching on a third level E-2 unit. The revised plan replaces page 33 of the 1147 notebook. 5. 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. 6. Landscape Plan—The landscape approved in the original PUD is being modified to reflect the changes to Building 8. The proposed tree planting plan and shrub planting plan are included within the supplemental package. The tree and shrub plan for the complete phase is also included. 7. Floor Area Ratio Variation—The proposed subdivision exemption application requests a temporary variation from the allowable floor area for proposed Lot 3A containing Building 8. The calculation for the requested temporary variation is provided below. Lot 3A—1.16 Acres or 50,529.6 sq ft x 1.29(Maximum FAR per PUD)=65,183.18 sq ft 2%Administrative variance=65,183.18 sq It x 1.02=66,486.85 sq ft Floor Area for Building 8 Proposed in the Minor Amendment=95,839 sq ft 95,839 sq ft and 92,386 sq ft>66,486.85 sq ft;therefore a variance is requested for Lot 3A. In addition to the temporary variance the Applicant is requesting to modify the FAR to 139,763 sq ft,which Is well below the administrative modification limits, permitted in the original PUD, as discussed with Council at the January 20,2009 Council Meeting. The calculation and request is shown below. 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 136,715 sq ft (Bldg 8 Floor Area 92,791 sq ft) Proposed Total 139,763 sq ft (Bldg 8 Floor Area 95,839 sq ft) 8. Community Purpose—In addition to the community purposes proposed within the application,the Applicant Is now guaranteeing a delivery date for the interim Building 7. This guarantee will be ensured through a performance bond and 132 West Main Street, Suite A, Aspen,CO 81611 970)544-0620(t) (970) 920.3384(f) rRELATED EXHIBIT "B" W E S T P A C ordina ceNo. 2,SedesLof 2009 Page 3 of 41 certificate of occupancy for Building 8. The applicant is also proposing 58 square feet of additional employee housing above what is required. 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 RECEWED JAN 2 8 2009 132 West Main Street, Suite A, Aspen, CO 81611 Snullo D' vumyt 970)544-0620 (t) (970)920.3384 (f) Commun y oar rn EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 4 of 41 DEVELOPMENT AGREEMENT Building 7 Essential Public Facility) THIS DEVELOPMENT AGREEMENT(this "Agreement")is made effective as of the day of the_day of January,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 "Pry"); 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 " UD 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 Anrnoval for Building 8. BVO agrees to perform the obligations set forth in Section 1.1 through Section 1.3 (the"BVO UndertakinsW),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 13VO 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 toiduce 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 poliRECEIVED power objectives and has not,by this Agreement, bargained away or otherwise JAN 2 H 1009 00214025.DOC 19)1 Snowmass Village onununiv 0eydoment EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 5 of 41 compromised any of its police powers, ana trus Agreement noes 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 a series of two escalators which will be installed between the Arrival Level and the Village Level, with the two escalators to be operated to move in one direction at a time(and capable of reversing directions, depending on the time of y),two elevators,the public restrooms' and day skier lockers on the bus stops level of the transit center, similar to the Town approved plans for Building 7,as well as a covered entrylexit at each end. A stair from the Arrival Level to the Village Level will be installed to provide additional public circulation. The plans are detailed further in Exhibit A and conceptual renderings of the exterior of Building 7 are attached as Exhibit C. The stairs are not currently depicted on the conceptual plans 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 1.3 BVO will immediately post a surety bond, approved by and in a form reasonably acceptable to the Town Manager, for Two Million Dollars 2,000,000.00)(the"Bond's that will constitute the complete security for the estimated cost of the B7 Vertical Conveyance,with terms as described below(the Conditions of Bond"). The Bond will be issued by a national surety company, qualified to do business in the State of Colorado which carries at least an A-"rating by AM Best, 1.4 BVO agrees that the certificate of occupancy for Building 7 including the improvements detailed on the plans attached as Exhibit A),would be the next certificate of occupancy to be sought by BVO,and that no other certificates of occupancy would be sought by BVO before the Building 7 certificate of occupancy(based on the improvements detailed on the plans attached as Exhibit A),other than: (i)the certificates of occupancy for Building 13A, Building 13B, and Building 8; (ii)any certificates of occupancy for any tenants in Phase 1 of Base Village; and(iii)any certificates of occupancy for any tenants in Building 13A or Building 13B. Notwithstanding the foregoing, construction may proceed on other buildings but the certificate of occupancy.for Building 7(including the improvements detailed on the plans attached as Exhibit EA), would be the next certificate of occupancy to be sought by BVO. 2. Conditions of Bond. The conditions for issuance of the Bond area CEI Dfollows: JAN 2 8 2009 100214025.DOC l 9)2 Snowmaaa Village Community 6eveoment EXHIBIT "B" TOWN COUNCIL Ordinance No.2, Series of 2009 Page 6 of 41 2.1 BVO will post the Bond upon approval by the Town Manager as provided in Section 1.3, 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 r 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 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 iBVO,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 regw EMDotherwise: (a) terms defined in the singular may be used in the plural, and terms 00214025.DOC\9)3 JAN 2 8 2009 Snowmass Village ammunity 0rvelopmeni EXHIBIT "rs'- TOWN COUNCIL Ordinance No. 2,Series of 2009 Page 7 of 41 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 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 RECEWED With copy to: Town of Snowmass Village P.O. Box 5010 AN 2 8 2009 Snowmass VNao. 00214025.DOC 19)4 Community Developm.=.m EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 130 Kearns Road Page 8 of 41 Snowmass Village, CO 81615 Attn:Town Attorney If to BVO: Base Village Owner LLC P.O. Box 6565 (USPS Only) 16 Kearns Road,3rd 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 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: RECEWED IAN 2 8 2009 00214025.DOC\9 5 Snowmass village community Deveioomem EXHIBIT "B" TOWN COUNCIL Ordinance No.2, Series of 2009 EXHIBIT A Page 9 of 41 Plans for B7 Vertical Conveyance) RECEWED JAN 2 8 2009 Soowmass vma f00214025-DOC\9)6 Community Devej^rn,en' EXHIBIT A page 1 of 7 BDBDINGT VERTICAL t: WWLATION scope d Wok Genera, MNa1Level: New Wader Puna, wale ea Irmlceted uskg bed stemless, and SIB' eidOW Wade& Iwa an bad, ads. Prepare wait In the Waage surtcundag scorn Point to samrd NAUWW with well egmge typical of00. arms Nawwab lyddcetad with wan hakdr. dlbegaraps. lEdSdag atrrlarm b have WROMM" hnWM appfied- see m, dpb+ I randiming, in Edrbp O. 1nap4 S= glee dm. Village Lew1 strbctmal slab lobe waterproofed and all pmebetbna bbs i mtad Provderrieh' a and warrants begirm ns per odpinal plan. TWO ekwalac Wbe installed. Flevabr otanun( hoot) to be constructed as reisamd Provide Dian for day ddgr acs located an the arrival level. Tem esraaaro will be hanged between the arrNal larval and village leve4 which wn opuale as one Dewbebeen lc& y and Mrp elevabrnretlaa room bbe admd atall ones- not an OWass dwr. es lm^ avuig In ors deetlon. Pravda Waling R Mw uNOadbq area hWde the garage. Yernjivary E7eimtor macMns roGbs bbe placed ad) ewnt to devatar asbu bcded plan. PvAa arms fo have pabdsd drywall wain one casings, and ruiner the t emirg. wpbeprondedtocondc LwaIP3to Vibpa Level. NCT• 3yY'•'. r_c. absa be finhhed wM pled, Wants boas alyd carpet vie flow. Pl leveb Tmplquy heaft systan to be installed at abNm, boMmwna, escalators erid abvaam ElevAm bbby arm aremugency saws o* g raquked by cods. tasgmq tgnege and 11#6 prolecbm spedMba Per dre anginal desbn. PaoVde aura csbkat hasten rtaumed altla celfrrg. VDags level peduhhn waprway/ be lba to have aroa map and Parcae Installed to match the rest d Best C • L" wtdEemporary wan seas mainodnapproved& a lane wits in thud dthe bmpwuy bugdg. PWt arms b have Pained weed and callings and nftw We lkici g. of. Pravda m specified In original drama gs far areasw W the wale boundary. spetlpm6y Tghl laga Webeactia Qto me" WOrup wa Wdittled anew N be at lobblee, bethra ms and circulation from P3 to the Vaage Level. Pravda the necessary raollrg~ the two abvabr stab. Pravda sprhldwa as requirad- insider, original plan wM b the work boundary same. Pravda serval door that b nomdiy admd bore top of drudure not aomse® leto 00 publa. Aaqu ft a the bwaY Md* wBcoca the required typo stunderd; fw vengatbpd, e eroe Pravda pwalor Nrrmwwy wane se bdicated maps plan and ahem In detdl m Me Village Level mwPtm j Jr quak wMln vie onW c lerwB comely wash as nevus y sbna . Pravda scow meu and, psyusdmlradkg b Ban Vnape ma nb fa eupdnp7levNSP3- VBepe LevelwB trlrArde mBP. edm/ pCg bbe ma@ed Pravda 96maim fmvaMCeping and age Mn ishirga mV Pravda cg pgdrg mrybal In Bass VOage-. mild" Z xWaowb= wd Skfnpend bhs whdowsadmreab ad). ee, t Phme7bupdsga. Th6wwk veil ins PrwMe pe to Phase 3wwk ares- rat aamamb to the Public. y ' p scheduled fw August and Smatanbw of 20D9. o p T- npmary landscaping and bgede tpbe Installed beMam Banana 2O and T and above the gawps entry by Nmenrbw 1, 209. The wed h froM w Building iwm be graded cwt medad Polar a Navwnbw t, 2009. 3 z CC - Naadsrumnw dfpetionnW llbee Pm edby the MletroD keAXkM da mmwal alts randdbWpe. W. Q 6 • An eppar dmeb 100 square foal head asks will be Pawed for TOSI and RFTA uss. CtoC0 RECEW D JAN 28 2M Seemed Village Cwmneaty Devebma. Snowmass Base Village Building 7 January 26, 2009 IT t4 - NAL- LE El- EXHISIT A r.. _. i page 2; of; 7 e e e i e m 0 eu.` ae 0 09 e e e • 1. . r• o e ° CIA m ZmVci w CL A JAN 28 ZM S' Wnuss UP omwo 4 Base Village illding 7 wit Januarv26. 20U9, Wil EXHIBIT-- A 5rrr R* page 3 of 7 AMA Of N rt i i NF. c n rrw 1 1 m 2 . 0 vFONN I M V N I may Z Q 8 U{ G 4 M1l1E i f V4 C N P. Aeu+ IVA&. rKI 7 2C r} exr iNy vR JAN 28 nM RfY11 M I Comrtudr Dadopi BUjIlding 7 y Snown L ass! Za: S e g 3 , roy mss`• t - x3. :- L.,.: 1ijanlJ' av S, EXHIBITApage 4 of- 7 REcEWED Arrim4l Leu61 lAN 2S 2aasr rJ'-_- L NTwf. TARP r•-- 1 1 g1v fi1e4EtJaY M. eass 1 11 G 1 T+ periAw ns• is' -• 1 1 o 1 NwO J q 4 z t°'n o pev 6er: u m ()1. ZZ eJ X Q m CL vas 8L6V W Wtaiw• O S nowmasBase / il' lageB" u' i ld ing 7t f. Wnu ? Y- 26 2 009 Y " f EXHIBIT A RECENED page 5 of 7 L-: eeiP2 r Ex' 1'u G 9 rwaruse To R8NA.+ Ay• Y9 0oNrO J_ y m U O <XZ a f A+,' V' W a p r.-- - - _ _ LIMiroPMoog A41A L r` Snowmassi B' esa Village] " B1u; i' ldlng7t zz Aanua` ry 26; 2009 r>, nom r EXHIBIT A REE CEMED IAN _' 6 - W page 6 of 7 n Q n n level P1 na To ReMwuu Az K oNO mz a 2 0 r ——_ ` W' Vii. XOZWF * VfW4 7V c i s Sno a wMass Ba a Villa . i Bu ldW§ W, xJanuary 2M EXHIB. IT A RECENED page 7n 18 ° 1/ llage. Tteve' 1 ryfiNfs 41AB r. oafwtQ m Z m V n mXZoe s Z 0 m IL s O W H c m1rdwsra mtc aPew LO Sno1w, rn lag B Ing7, assB a"' seVl e EXHIBIT "B" TOWN COUNCIL Ordinance No.2,Series of 2009 EXIMIT B Page 17 of 41' B7 Vertical Conveyance Schedule) RECEIVED AN 2 8 2009 Snowmass Volage Community Developmem 00214025.DOC\9)7 EXHIBIT "B" TOWN COUNCIL Ordinance No.2, Series of 2009 Page 18 of 41 S. 4 gg QQ e a $ o ` to u° m 4d a i W1 a 1 RECEWEDD JAN 28 29 emm D EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 19 of 41 8 P Hill n ae @ 4 9 q q !J V p b m U 'e 0 p N N 4 N A - V O N g S N N C Ib C 9 It A—e--- a a s u m. y X ---- -- z a 47 * W qa • i%,jw ECEMD JAN 28 2M DrAbMwt EXHIBIT "B" TOWN COUNCIL Ordinance No.2, Series of 2009 Page 20 of 41 fil e fill fig MIN a P N N V V p V L F 42jG g lyw g 4 p n w j RECEIVED JAN 28 2108 ow=Ydw Ca MU* o•y*W&t EXHIBIT "B" TOWN COUNCIL Ordinance No.2, Series of 2009 EXHIBIT C Page 21 of 41 Building 7 Conceptual Renderings) nvCE, D JAN 2 8 2009 00214025.DOC\9}8 Snowmass vdwye Community DW&PMem nc II I 1E Ifi i I I 1 1 1 It it FR I FMS Ye Alb r J r 11 r Page 23 of 41 PT , i EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, of 2009rRELATED441 WESTPAC January 26, 2009 Dear John and Steve: Attached you will find the plans by Oz Architecture dated January 26N 2009 showing the proposed configuration for the clinic patient transfer area, and correspondence with lillespie Corporation dated January 16,2009,showing the gurney lift layout and letter of compliance with ANSI 18.1. Please confirm below with your signature that you have reviewed this information and that meets your needs for this facility. Thanks for your assistance in the resolution of this matter. Sincerely, Scott Stenman Related Westpac John Me]e Fire Marshal, Snowmass Wildcat Fire Protection District Steve Sewell Mountain Manager, Aspen Ski Company RECEIVED JAN 2 8 2009 Snowmass village Community Development following Please note the items: 1. Site righting to be Dept. 2. Site fighting . . _ provided. 3. Remote operation of the emergency access gates off .. road to be provided to Rre Dept. OUT fl1 11' 111 1 " III u nu --- lull =_ ¢ - .: i' 1 1111 II II 11111 5fn 1i H 11 ' a/ II; O, il 1! IIi 111 1i11 i.. I i iln- Oi tlF; h. JIII MEY Y11! 1! l9 I 1 III lnlh.. Jl 11 In u! I : 1111 R SF 19 ROW MTEDPLATTGWIVXX so BACK CANOPY f'I' I, L IIIyl' II ' 1111 I SYPI, I IYYr i41 - a11 . i; r + s t, lltl II Il- il 1 I Itil 11it 1 ror'r 1a i 1111 = 9 111[ 1 1111 1111 r a Y DRIVE AT CUNIC- OVERALL PLAWELEVATION 11 Y LATED SNOWMASS BASE VILLAGE 3uiicing s 0 ., CL rz I1 11 N J comDZ a I o m F F, U O to O i m V N n Z O mZl K a 1 tL I L Is C t ofe WJCK j ur- 0v / GATE R Rod ACCESS FOR N EFICY VOI £ 5 PAN t CUNIC DRIVE EMERGENCY ACCE DIAG s RECEWEDJAN 28 20M DRIVE AT CLINIC- EMERGENCY ACCESS DIAGRAM TED MRELA a ,. W E TED FA j 0 CLOBC YsimACCESS r rRJ , o mcEncrENTRANCE 0 EMERGENCY t r EIOT ONLY ClN OCCUPANT 6105. 5 m^ 8399. 79' EOM- 81 r r-0• 48x s SHOW MEETE6 orrYE 1. 0ox SO V N N 1 Guf E Ay86lAN( E CUT CT Z m SNOW MELTED 8- \ W v v Y mac_/ F C ASSUME Z'- V SIO'w to Ba SIO 8AC% IRA9. ODWARY J mAxsr6RMTa amaaim C Pol m I"- COMECTE6 L00% SLOPE TO RM MAM GENERATOR 14,& Mu q PLAN S0 DAM TRALL ENIARG CUNIC DRIVE RECEIVEDJAN 28 2009 p caronodly 6aoto° Nm r A R E ELxTEDrED J SNOWMASS BASE X , I I m m IEVEL R2 CANOPY At7o\ E q A41ME Y-G' 9( ON Tb l% GR SNOw[ LWA x P0 840aYs/ 5.46% GRADE 9DW CM) 0c I I I I 1 J ymVram F rGEO CLNIC DRVE EEVATON 0 m Z 4 v. '. KEYPL4N X3z4 a ; W G u I F c MCEHVED 9 JAN 28 11109 c°""`" Dew"°" DRIVE AT CLINIC— ENLARGED ELEVATION aWESAPao ar•: r:. Pmtm WKu W An uT O PUiFOHI 640_ N A SNOW ON 9a 0 dl 9t7 BAfSC iPoP1 > :, c' 8100. 17 toED 0 co KEYPLAN 9 O m d j!„ ' ' i, J j:. l ' : a.. j. i t`./ l a co auu cunt t pmt. a pot Q r1AM9U1 M DRIVE- PLATFORM SECTION Vp.. GUIUIEY uniR J RECEIVED SNOW MELIM PLATFUN/ Ywx _ Sa 8AM mM. JAN 28 WA PUnoty uT Snaamsc Jmpe C* Wu* D" OMw rRELATED DRIVE AT CLINIC - BUILDING SECTION WESTPAC VILLAGE 7 g MITI EXHIBIT "B" or TOWN COUNCIL 4D Ordinance No.2, Series of 2009 am Page 30 of 41 00 r7 a b d IFII if lit, z j 1 1 [ Fr is z Hf It Ito ItoC ege KI IN Y Z z Gillespie Corporation P .,. 3a PMWREEf, P.O. d013% WME. WOIM2. M TEL 413MJa7 fAK413FM. 953C WF SRE GMN_ clesma' bdemmmm t! Jemmy 16, 2009 I Re: Saoamaes Base v' Hw Gamey( eft l 0, Ihis kam isto sWte, bm the gamey lift beinS desigaeat for Sao ss Bate Village Will m m eueed the sofety equimm ofANSDASM A15. 1 Safety Strmdmd for PlatfmmLifls and sftwm amisiilts. Vadaaees may be required fm eatseeq and platfmm area. The gamey lift will be sized so emammodae s 24- 04- WrWhm and Brill hm a capwgaf 2. 00D Ik Smeesety. 1 3oha C. Linsley CAII- Miog P— b- GiltesAe Caepmahan to ALAN VIEW OmrCm m V N altDX3zdIm Lu RECEWEDAN 28 2M O ssoaabta vaaw C WrUft Dvmb ls. 7 EXHIBIT "B" TOWN COUNCIL MITI 0000®a nancOrdie No.2,Series of 2008N Page 32 of 41 A RI 00 In Y n 0. yjG Ilk t=l O rl ,•p •t Cf1 t m F IL i I F o i m 1, 4 O 0 1®I THE LITTLE NELL AT SNOWMASSEBU4D1 1 1M0.S8,ADO 1 EXHIBIT dlB9' u TOWN COUNCIL MITI Ordinance No.2,Series at 2009 N Page 33 at 41 4> M 00 I II 0 D an 1-0 tit C: a Z lD 0 0 EXHIBIT "B" TOWN COUNCIL MITI oaano Ordinance No. 2, Series of 2009 page 34 of 41 a Dm ov r m J NIto1' mN M W? Mir d4 , s p S rrn mr AA O a O mm O t O u :, v ° F UC 44 EE aNI ` DEVELOPMENT STATISTICS - MINOR PUD AMENDMENT MINIM 7- 7— SNOWMASS BASE VILLAGE RELATED0WESTPAC je EXHIBIT "B" ai TOWN COUNCIL Ordinance No. 2, Series of 2009 i 1prpage 36 of 41 F sir * ` : 4r. 4 {7 .' 41 ICU 9 00 P J% y-i A. v A 1i ii it viii It 8'' tn1 fill 1i 1111 ( R , Ii EXHIBIT `51351 91 TOWN COUNCIL f Ordinance No. 2, Series of 2009 8 c Page 37 of 41 z x y o mo ti tT \ h C d 9 3 alY i ii lil li I I 4 / I I;,,eiyiei •` b5tf p i-jL m.a / . 10W- sift v. idle J • JI 1 a'v. ir l 4L I i/1 IC1/ Ham. 1/ err A i r Y j . X77' / , F ` Jp/*per c e, 11 • Ii Ep i•Iy`Y-r r; • N P+yam j` "a , ::Q 4 ' Wet 91 o r r r • [•lr,,,, a^ y'a'j, Jy`;{\ j-I aryl) i a Iti"\yt ve e!r' r ..a /r a d r ` titi• i S Ca it 1 711111, Iii • ,1i I f r i Vtti` (i C Kl Irl ' r N I 5 41 firy. M1 r AL R ON. FA o 44 Y . • ,' fit . C.. 1 r A (f I` lov t a i EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 41 of 41 7'ri W I c t nL I. I.. m u, illl III a fl I I III fllij ` f I ! f • l I I. a III {i I v II I I l I A I 1 18 pg ..., .. 9 I S ,+tilf SNOWMASS BASE VILLAGE PHASE 1 B 5 LANDSCAPE PLANS SNOWMASS,COLORADO al5 EXHIBIT "Cr' Town Council Ordinance No. 2, Series of 2009 Page 1 of 2 TOWN ENGINEER COMMENTS–FROM DEAN GORDON RECEIVED BY TOSV PLANNING DEPARMENT January 27, 2009 NO comment on emergency access geometry. Appears to be acceptable. If the fire lay-by is to be separated from the sidewalk by a vertical element,then sidewalk width of 6 should be maintained—this Is the main and only pedestrian facility along the road. If the lay-by is at sidewalk level,then using a reduced width of V seems ok assuming the lay-by can be utilized by peds most of the time. I like the Idea of the lay-by needing to drive over the curb section so it is not construed by the public as a drop off area. This is too congested an area to introduce that possibility. TOWN ENGINEER COMMENTS–FROM DEAN GORDON RECEIVED BY TOSV PLANNING DEPARMENT January 28,2009 . John and I talked About the use of the area. The use will be frequent enough that a full width sidewalk needs to be maintained around the site. John is ok with using the rollover curb in place to demark the area from the road. In addition to signage, I recommend that the area be different whether by using colored concrete,stamped concrete, pavers,etc. Wood Road and the sidewalk are snowmelted in this area—the lay-by will also Have to be snowmelted to avoid a maintenance hassle throughout the winter when it will be used the most. The town's snowmelt system does not have the capacity to accept more demand. I think a better layout is to leave the sidewalk where it Is (to cut and remove the existing snowmelt is problematical), put the lay-by behind the sidewalk (the drawback being that the vehicles that use it will interact with pedestrians at times)and snowmelt it off the on-site system. EXHIBIT "C" Town Council Ordinance No. 2, Series of 2009 Page 2 of 2 COMMENTS FROM SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT RECEIVED BY TOSV PLANNING DEPARTMENT JANUARY 27,2009 Jim, The Fire Truck Lay-By serves several purposes here. One as a fire truck placement that would then be able to pump to the buildings fire department connection for the automatic fire sprinklers which is located in close proximity. Building 8's fire command center is also here being just inside the garage doorway. In addition, this pull off area also serves as an ambulance and/or fire truck staging area for simultaneous clinic calls. This prevents emergency vehicles from potentially blocking Wood Road traffic in the up hill lane. 1 have noted on my returned plans to RelatedNVestpac that this area would need some sort of signage and markings that have yet to be determined. I concur with Dean Gordon that this area should not lend itself to being construed as a drop off area. We have approved the clinic access area with the plan notes as indicated. Thank You, John T. Mele Fire Marshal-Snowmass Wildcat Fire Protection District 970)923-2212 jmele @swfpd.com COMMENTS FROM SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT RECEIVED BY TOSV PLANNING DEPARTMENT JANUARY 28, 2009 All, I would like to add one more thing if i could.This lay-by should be designed to hold the imposed loads of the fire truck which is 80,000 lbs. Thanks, MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: February 2, 2009 SUBJECT: RESOLUTION NO.4, SERIES OF 2009, SUBDIVISION EXEMPTION: LOT 3, 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, submitted a subdivision exemption application on January 26, 2009 requesting approval of a temporary lot split involving Lot 3, Base Village PUD Final Plat("Lot 3"). The lot split is being represented as being for the purpose of fulfilling legal obligations for financing purposes related to Building 8, Base Village PUD('Building 8"). The subdivision exemption process does not require a public hearing pursuant to Section 16A-5-60 of the Municipal Code. Action Requested: Approve, modify, continue or deny the enclosed resolution. 2. BACKGROUND: Discussions during the January 5, 2009 Town Council meeting 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, 2009 meeting. A Development Agreement responding to Building 7 was submitted for consideration during that meeting as an amendment to the Building 8 Minor PUD Amendment. Said agreement specified that the Applicant would proceed with reasonable improvements to Building 7 providing the transit facility and vertical access within the building to the Village Level provided they received final approval of the Building 8 Minor PUD Amendment and a subdivision exemption permitting a temporary lot split for Lot 3. Please refer to Section 1 of the Subdivision Exemption application notebook placed In your council box for further information and a diagram showing the locations of Buildings 6, 7 and 8 in relation to the proposed new lot line separating Lot 3 into two lots. Section 2 contains a diagram of the proposed exemption plat. 3. PLANNING COMMISSION RECOMMENDATION: Subdivision Exemption applications are reviewed by the Town Council only. f 4. APPLICABLE REGULATIONS.This application is to be reviewed in accordance with Section 16A-5-500(3) Municipal Code, which regulate the review and approval of Subdivision Exemption applications, including the Review Standards listed in 16A-5-530. S. DISCUSION ITEMS:ALTERNATIVES AND IMPLICATIONS: The proposed lot split Is being represented as being for the purpose of separating the portion of Lot 3 containing Building 8 from the remaining portion to facilitate the construction financing for Building 8. Lot 3 as originally platted contains 2.48 acres. Proposed Lot 3A will be 1.30 acres in size and contains Building 8. Proposed Lot 3B will be 1.18 acres in size and contain Buildings 6 and 7. Sinate Member Special Purpose Entity. The Applicant requests approval for the proposed Lot 3A to be conveyed to a single member special purpose entity owned 100% by the Applicant if required for construction financing purposes or as a result of foreclosure. Staff Recommendation: Staff has n_o objection and has prepared Condition No. 7 of the resolution to permit this to occur. Temporary Condition. The Applicant has represented that the subdivision exemption plat is for the purpose of creating a temporary lot split of Lot 3 in order to obtain financing for the construction of Building 8. They agree to vacate the interior lot line and return Lot 3 to its original platted condition once the construction has been completed on Building 8 and sufficient sales of condominium units in Building 8 have been closed to satisfy the construction financing debt. The Applicant proposes to condition the vacation of the subdivision exemption plat: "within the earlier of: (1) 3 years after the issuance of final Certificate of Occupancy for Building 8; or(II)the complete repayment of the construction financing, and that the deadline may be extended based on market conditions if it is not reasonably practicable for the Applicant to sell sufficient condominium units to repay the construction financing within the 3 year deadline." Staff Recommendation: Staff cannot support delaying the vacation of the lot line for a period of three (3)years from issuance of a Final Certificate of Occupancy and believes that a reasonable time frame would be to limit the approval permitting the temporary creation of Lots 3A and 38 to three (3)years from the issuance of the first Temporary Certificate of Occupancy for Building 8. The Applicant has indicated to staff that they have been able to close on virtually all of the Base Village condominiums completed to date with a Temporary Certificate of Occupancy for the building. Condition No. 9 of the resolution does allow the Town Council to grant an extension of time for good cause shown. Market conditions could be a consideration at that time. We have also recommended adopting Condition 8 specifying that the Final Certificate of Occupancy('Final C of 0")for Building 8 would not be Issued until the lot split plat is vacated by resolution of the Town Council. Buyers requiring a Final C of 0 could close simultaneously with a construction lender's release and the vacation of the plat. 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 subdivision exemption shall comply with the following standards: 2 1) Exemption is necessary. The exemption shall be necessary for the preservation and enjoyment of substantial property rights of the applicant. 2) Consistent with subdivision. The exemption shall be consistent with the preservation of the goals, objectives and standards of the particular subdivision or land area involved. 3) No new lots created. Granting of the exemption shall not create any new lots in any single-family subdivision. 4) Comply with Development Code. The exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of this Development Code. With respect to an application for a lot fine adjustment, if any of the lots or structures thereon are nonconforming prior to the adjustment, then no adjustment shall be allowed that increases the nonconformity of the lot or structure. 5) No adverse impacts. Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property is situated. 6) Not increase total allowable floor area. Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption, and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area. 7) Special circumstances. In the instance where the Town Council is unable to And that an application is consistent with any of the above standards, the exemption may only be granted If the Town Council finds that there are special circumstances or conditions affecting the subject property such that the strict application of these standards would result in undue hardship and deprive the applicant of the reasonable use of the land. ATTACHMENT: 1) Resolution No. 4, Series of 2009 HANDOUT: Applicant's three ring application notebook dated December 8, 2008 as submitted to the Planning Department on January 26, 2009. 3 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO.4 SERIES OF 2009 A RESOLUTION APPROVING A SUBDIVISION EXEMPTION FOR LOT 3,BASE VILLAGE PUD, INVOLVING A LOT SPLIT. WHEREAS, Related WestPac LLC("Applicant"), on behalf of the landowner, Base Village Owner LLC,a Delaware limited liability company, submitted a subdivision exemption application on January 26, 2009 requesting approval of a temporary lot split involving Lot 3, Base Village PUD Final Plat("Lot 3")recorded February 2,2006, in Book 77, Page 30,at Reception No. 520483 in the records of the Pitkin County, Colorado Clerk and Recorder; and WHEREAS, said lot split is being represented as being for the purpose of fulfilling legal obligations for financing purposes related to Building 8, Base Village PUD("Building 8");and WHEREAS, Lot 3 involves 2.48 acres; and WHEREAS, proposed Lot 3A will be 1.30 acres in size and contains Building 8; and WHEREAS, proposed Lot 313 will be 1.18 acres in size and contain Buildings 6 and 7, Base Village PUD; and WHEREAS, Section 16A-5-500(3) of the Snowmass Village Municipal Code ("Municipal Code")permits a lot split if it is for the conveyance of title and/or fulfilling legal obligations when no development will result thereafter, without subdivision or PUD approval; and WHEREAS, the subdivision exemption request does not require published, mailed and posted notice pursuant to Section 16A-"0 of the Municipal Code; and WHEREAS,the Town Council reviewed the subdivision exemption application and heard the recommendations of the Town Staff on February 2, 2009. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One: Findings. Based upon the information submitted and testimony in the record, the Town Council finds as follows: 1) Section 16A-5-60 of the Municipal Code specifies that there are no public notification requirements for a subdivision Exemption application. 2) The Applicant has represented that the subdivision exemption plat is for the purpose of creating a temporary lot split of Lot 3 in order to obtain financing for the construction of Building 8, Base Village PUD. 3) Ownership of Lot 3A may be titled by the Applicant in a single member special purpose entity owned 100° by the Applicant. 4) The Applicant proposes that the Town's approval of this subdivision exemption be conditioned TC Reso.09-04 Page 2 of 3 on the vacation of the subdivision exemption plat within the earlier of: (a)three (3)years after the issuance of a Final Certificate of Occupancy for Building 8;or(b)the complete repayment of the construction financing,and that the deadline may be'extended based on market conditions if it Is not reasonably practicable for the Applicant to sell sufficient condominium units to repay the construction financing within the three(3)year deadline. The Town Council finds that three(3) years from the issuance of the first Temporary Certificate of Occupancy forBuilding 8 provides a reasonable time frame but that the an extension of time may be granted for good cause shown at the sole discretion of the Town Council. 5) The Town Council further finds that the lot split exemption plat.should be vacated by resolution prior to receiving a Final Certificate of Occupancy for Building 8. 6) The subdivision exemption plat is consistent with the Review Standards for granting a subdivision exemption contained in Section 16A-5-530 of the Code, because: a) The exemption is necessary for the preservation and enjoyment of substantial property rights of the applicant; b) The exemption is consistent with the existing subdivision plat, in that the overall land area and perimeter boundaries involved will remain the same upon vacation of the subject subdivision exemption plat; c) No new lots will be created for a single-family subdivision, as the site.Is existing and proposed as multi-family development without single-family lots on the site, in accordance with the Base Village PUD; d) The exemption plat complies with other sections of the Development Code, and the exemption plat would not by itself increase the non-conformity of a lot or structure; e) No adverse impacts are created; and f) The temporary subdivision exemption by itself does not increase the total allowable floor area,for the affected sites subject to the conditions within Section Three below requiring that the plat be eventually vacated such that Lot 3 will revert to as originally platted and preserve the 1.29:1 F.A.R. limit established by the original Base Village PUD. Section Two:Action. The Town Council hereby grants the subdivision exemption request to enable the temporary lot split for the purpose of obtaining financing for Building 8,as shown on Exhibit"A" attached hereto, subject to the conditions in Section Three of this resolution below. Section Three: Conditions. The approval shall be subject to the following conditions: 1) This resolution shall not take effect until the Applicant complies or resolves any outstanding staff technical comments by resubmitting a revised subdivision exemption plat as needed for review. 2) The Applicant shall complete,before the subject subdivision exemption plat is placed of record, all actions or matters that in the opinion of the Town Planning Director or Town Attorney are necessary to satisfy or dispense with the requirements of the Municipal Code. Should problems arise that cannot properly be resolved at the administrative level,they will be presented to Town Council for direction. 3) Upon resolution of the outstanding technical comments, three executed mylars for the subdivision exemption shall be submitted to the Planning Department within thirty(30)days of the date of approval of the subdivision exemption plat. TC Reso.09-04 Page 3 of 3 4) The Planning Director shall review the exemption plat to ensure It complies with the terms and conditions of approval and obtain signatures for all of the applicable plat certificates. 5) The Applicant shall thereafter cause the subdivision exemption plat to be recorded, at the Applicant's expense, in the records of the Pitkin County Clerk and Recorders Office. 6) A Final Certificate of Occupancy for Building 8 shall not be issued until the subject lot split subdivision exemption plat is vacated by resolution of the Town Council. 7) Lot 3A or 3B may only be conveyed to a single member special purpose entity owned 100% by the Applicant as necessary for construction financing purposes or to any other non-affiliated party only in the event of foreclosure affecting that particular lot. 8) This approval permitting the temporary creation of Lots 3A and 3B shall expire within three(3) years from the issuance of the first Temporary Certificate of Occupancy for Building 8. 9) If the above terms and conditions are not timely met and the Applicant has not applied for an extension of time or modification of the terms and conditions of this resolution,this subdivision exemption approval is null and void and the temporary plat hereof is vacated. An extension of time or modification of the terms and conditions of this resolution may be granted forgood cause shown at the sole discretion of the Town Council. INTRODUCED,READ AND APPROVED on the motion of Council Member and the second of Council Member by a vote of_in favor and_opposed, on this 2n°day of February, 2009. TOWN OF SNOWMA$S VILLAGE TOWN COUNCIL Bill Boineau, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John Dresser, Town Attorney mAQ oa o Ip Exhibit "A" ResolutionNo.4, Seriesof2009 Pape7of3) i Ii 1 .1Ili1 1 i I 1 U liltriryiI dii1Ioil 5 ' iii1 tlI ii: l IH,e 1 r,!u al O lhl 14fill, vit i 0 ° i vigil JillIl'iiiiiiI'•i!;liiiiiii'il i 04hiin°ii; , 15 h.IliliIllllllll.i.l1......: I.IIIIIII:. nl 1 I III 11I Md. H w O Qdda ay W Exhibit "A" iNo. 4, Seriesof2008 Page2of3) e1 'I naleq, IRI011. 4ii 1 00 ag BUILDING TIES FOR LOT 3 BASE VILLAGE' P. U. D. 1. 013, BASEVU3AOEP. U.D., I TED01771ESOUI) IWB MZS, QUAXMOF SPCM1ON1, 7OWN9 10500 . RANOS 66WPSTOPlHE6 P.K. T0WNOF SNOWI. lA66 VE. IAOE, COUNWOP NiKK STATE OPCOIDRADD CARRIAGE WAY ROW VARIES 2' N6W LOT/. tNE WOOD RD OW VARIES mO_ 30. 3' T( 7) L OT 3 7.6' m m = 0 2QY W P a 9.2 33. 6' ® 0 co r! 10.9' O 215' O 3 ° LOT 5 CID snwwusnu 7E7SIA TECJ1 MEMORANDUM TO: Snowmass Village Town Council FROM: Housing Department/Russ Forrest DATE: February 2, 2009 SUBJECT: Rodeo Place - Phase II I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Town Council directed staff at the December 1, 2008 meeting to evaluate whether additional units could be added to Phase II of the Rodeo Place project. The Town Council authorized $6,000 out of the existing Rodeo Phase I budget to pay for a brief design/cost estimating process. Council is requested to direct staff either to: Complete design of Phase II as approved and request bids for construction for Phase II or Further evaluate a modified Phase II that includes additional density. II. BACKGROUND The table below summarizes the existing approved project for Rodeo Place. Single Duplex units Triplex Units Total dwelling Family units Units Phase 1 11 4 0 15 Phase 2 10 0 3 13 Square 50,200 4,844 3,900 28 Footage Total Square 1,636— 1,211 1,300 Footage Range 2,967 for unit type The Town has paid for the design(soft)costs, land costs, and infrastructure costs for phase I. In addition, the Town has completed the infrastructure for phase II. It was originally contemplated that the prospective homeowners were to pay 100% of the hard costs. The Town discontinued its relationship with Roaring Fork Custom Homes (the original General Contractor for Rodeo Place after the completion of lots 5, 6,& 7, and engaged Rudd Construction to complete phase I. The Town received new prices for lots 8 - 15, 2 (a & b), and 3 (a & b) which reflected a higher price than the original lottery price. The Town agreed to pay a significant portion of the increase price that occurred for phase 1. Phase II utilizes many of the same house designs from Phase I and the infrastructure (roads and utilities)are in place to build phase 11. Coburn Development, Inc. (CDI) has been the architect for the project and Resort Opportunities and Investments, LLC(ROI) have been the Owner's Representative for the Town on Phase I. Rudd Construction, Inc. (RCI) is completing the construction of phase I. These three entities worked collaboratively to evaluate whether additional units could be created for phase II using the following criteria: Cost effectiveness in utilizing the current investment in both infrastructure and in the design of the homes. Maintaining a similar mass in scale to achieve a highly livable family oriented development. Maintain view corridors which were a consideration in the Rodeo Place project. Provide a variety of unit type and sizes. They have met with the Town's Planning and Building Departments, along with the Wildcat Fire Protection District, and current Rodeo Place Owners and Lottery Winners to review the attached ideas for Phase II. III. Alternatives to Approved Phase 11 Attached is the Current Plat for 13 units(approved) and an alternative design for 21 units. Preliminary Project Budgets, for both schemes, are attached. If the Town Council wanted to proceed with additional density in the Rodeo Place, the following next steps are proposed and would cost$28,000($15,000 for CDI, 8,000 for ROI, and $5,000 for RCI), which would be applied towards the Exemption Plat Budget, if the project were to proceed. Revise the site plan per council direction to develop one revised site plan Develop building character sketches for the individual building designs shown in the exemption plat matrix Develop one 3 dimensional computer massing model of the scheme Refine Project Budget Develop a project Pro forma (Unit Pricing) PowerPoint presentation of the above materials Review revised site plan in a public open housing (including Rodeo Place, and Crossings Owners) Attachments: Exhibit A: Narrative to Town of Snowmass Village Planning Department Exhibit B: Current Plat Site Plan Exhibit C: Current Proposed Build-out Matrix Exhibit D: Current Plat Preliminary Project Budget Exhibit E: Exemption Plat Site Plan Exhibit F: Exemption Plat Matrix Exhibit G: Exempt Plat Preliminary Project Budget&Assumptions Exhibit H: Development Schedule P:\MANAGER.XSC\Housing\Rodeo Phase 11 proposal\Rodeo Phase II -Council Memorandum 2-2-09.doc COBURN EXHIBIT A NARRATIVE TO TOWN OF SNOWMASS VILLAGE PLANNING DEPARTMENT Chris Conrad Planning Director Town of Snowmass Village Planning Department Snowmass Village,CO January 23,2009 Re:Rodeo Place Subdivision Phase Z Application for Exemption Plat Mr. Conrad: At the request of the Town of Snowmass Village Town Council and the Town Manager,Coburn and the Town's(Tuner's Representative,Resort Opportunities and Investments are exploring options to add residential units to the Rodeo Place Subdivision. Although the Rodeo place subdivision was recorded as a single filing,construction of the individual buildings has been divided into 2 Phases: Phase 1: Lots 2,3,5,6,7,8,9,10,11,12,13,14& 15 consisting of 10 single family homes and 2 duplexes for a total of 14 dwelling units. Construction on this portion of the project will be substantially complete by the spring of 2009 with development completed in general compliance with the original subdivision approval resolution. Phase 2: Lots 1,4,16, 17, 18,19,20,21,22,23&24 consisting of 10 single family homes and 1 triplex for a total of 13 dwelling units per the subdivision approval resolution. The resolution requires further Town Council approval before development can proceed on Lot 1 &4. The attached materials and narrative detail our current thinking regarding the best approach to achieve this goal given the original subdivision approval and considering the interests of the homeowners in the fast phase of the project. 1. Process and Assumptions 1.1 Process:We have arrived at the conclusion that the Exemption Plat process may allow for adequate opportunity to revise the development plan and increase the unit count in Phase 2. 1.2 Zoning:The subdivision is zoned MF 1.3 Floor Area Assumptions: The subdivision approval resolution restricts the florr area ratio(FAR)beyond the.75 FAR established for the MF district in the land Use Code. The language in the resolution states that the floor area for each unit shall be limited to 3,000 sq. ft. with a limit of 2,100 sq. ft.above grade and 1,200 sq.ft. below grade. Our proposal assumes that these limits apply to the revised scheme on a PLANNERS . DESIGNERS . BUILDERS 1811 PEARL STREET BOULDER,CO 80302 303)442-3351 FAX(303)447-3933 Rodeo Place Subdivision Phase 2:Exemption Plat Narrative,January 23,2009 per lot bases. Therefore,a duplex on a former single family lot would be limited to two 1,500 sq.ft. units.We have also assumed that garage floor areas will not be counted in this total as was the case in the original subdivision approval. 1.4 Lot Area Assumption:The MF zone district requires a minimum lot area of 3,000 sq. ft.with an additional area of 1,500 sq.ft.required for each dwelling unit,plus an additional 500 sq.ft.of lot area for each additional bedroom. 2. Lot by Lot Narrative(see attached"Charrette Plan Matrix"for summary) 2.1 Lot 1: This lot will be developed as a triplex unit as anticipated in the original subdivision application. Council approval is required before proceeding with development of this lot. We are anticipating that the Exemption Plat process will include establishment of a common ownership structure for this property. 2.2 Lot 4: The original subdivision approval resolution relocated the property lines for this lot resulting in a reduced lot area of 3,323 sq.ft.Our calculations indicate the following lot area is required for a 2 bedroom single family home: a. 3,000 sq.ft. minimum lot area for MF zone b. 1,500 sq.ft.additional for 1 dwelling unit c. 500 sq.ft.additional for additional bedroom This adds up to a total required minimum lot area per MF zoning of 5,000 sq.ft. We Am requesting approval to construct 2 bedroom single family home on this lot as was anticipated in the subdivision application. The resolution allows for`other approved"uses on'this lot. 1 2.3 Lot 16: The decision of the study group was to develop this lot per the original approved subdivision. By doing this,the owner of Lot 15 will still have a single family home as their direct neighbor,reducing the impact of the site plan revision on Phase 1 homeowners. 2.4 Lots 17, 18 & 19: The goal is to combine these three lots through the Subdivision Exemption process by eliminating lot lutes. The combined area of the resulting lot is 17,018 sq.ft. We are proposing 3 duplexes on the combined lot for a total of 6 units with a common ownership structure.Our assumptions regarding floor area limits, minimum lot area and parking are as follows: a. Floor Area Limits: 3 lots combined=3 x 3,000 sq.ft. =9,000 sq.ft.(Proposed total floor area= 6 x 1,500=9,000 sq.ft.) Maximum above grade=3 x 2,100 sq.ft.=6,300 sq.ft.(Proposed total above grade=6 x 1,050=6,300 sq.ft.) Maximum below grade=3 x 1200=3,600 sq.ft. (Proposed total below grade=6 x 450=2,700 sq. ft.) b. Minimum Lot Area Required: Minimum lot area per MF zone=3,000 sq.ft. Minimum additional lot area unit 17A= 1,500 sq.ft.per unit+ 1,000 sq.ft for 2 additional bedrooms=2,500 sq. ft. Minimum additional lot area unit 17B= 1,500 sq.ft.per unit+ 1,000 sq.ft for 2 additional bedrooms=2,500 sq. ft. Minimum additional lot area unit 18A= 1,500 sq.ft.per unit+ 1,000 sq.ft for 2 additional bedrooms=2,500 sq.ft. Minimum additional lot area unit 18B= 1,500 sq. ft.per unit+ 1,000 sq.ft for 2 additional bedrooms=2,500 sq.ft. Page 2 of 4 Rodeo Place Subdivision Phase 2:Exemption Plat Narrative,January 23,2009 Minimum additional lot area unit 19A= 1,500 sq.ft.per unit+500 sq.ft for 1 additional bedroom=2,000 sq.ft. Minimum additional lot area unit 19A= 1,500 sq.ft.per unit+500 sq.ft for 1 additional bedroom=2,000 sq.ft Total required lot area=3,000+2,500+2,500+2,500+2,500+2,000+ 2,000= 17,000 sq.ft.(17,018 sq.ft. available) c. Parking: for a total of 16 bedrooms,6 garage spaces and 10 surface spaces are provided 2.5 Lots 20,21 &22:The goal is to combine these three lots through the Subdivision Exemption process by eliminating lot lines. The combined area of the resulting lot is 18, 672 sq. ft. We are proposing 2 duplexes and I triplex on the combined lot for a total of 7 units with a common ownership structure.Our assumptions regarding floor area limits, minimum lot area and parking are as follows: a. Floor Area Limits: 3 lots combined=3 x 3,000 sq. ft.=9,000 sq. ft. (Proposed total floor area= 2 x 1,500)+(5 x 1,200)=9,000 sq.ft.) Maximum above grade=3 x 2,100 sq.ft.=6,300 sq.ft. (Proposed total above grade=(2 x 1,050)+(5 x 800)=6,100 sq.ft.) Maximum below grade=3 x 1,200=3,600 sq.ft. (Proposed total below grade=(2 x 450)+(5 x 400)=2,900 sq.ft.) b. Minimum Lot Area Required: Minimum lot area per MF zone=3,000 sq.ft. Minimum additional lot area unit 20A= 1,500 sq.ft per unit t 1,000 sq.ft for 2 additional bedrooms=2,500 sq. ft. Minimum additional lot area unit 20B= 1,500 sq.ft.per unit t 1,000 sq. ft for 2 additional bedrooms=2,500 sq.ft. Minimum additional lot area unit 21A= 1,500 sq.ft.per unit+500 sq. ft for 1 additional bedroom=2,000 sq.ft Minimum additional lot area unit 21B= 1,500 sq. ft. per unit t 500 sq. ft for 1 additional bedroom=2,000 sq.ft. Minimum additional lot area unit 21C= 1,500 sq. ft. per unit+500 sq.ft for 1 additional bedroom=2,000 sq.ft. Minimum additional lot area unit 22A= 1,500 sq. ft per unit+500 sq. ft for 1 additional bedroom=2,000 sq.ft. Minimum additional lot area unit 22B= 1,500 sq.ft.per unit+500 sq. ft for 1 additional bedroom=2,000 sq.ft. Total required lot area=3,000+2,500+2,500+2,000+2,000+2,000+ 2,000+2,000= 18,000 sq.ft.(18,672 sq.ft. available) c. Parking:for a total of 16 bedrooms,7 garage spaces and 9 surface spaces are provided 2.6 Lot 23: We have determined that this lot,with an area of 8,120 sq. ft is large enough for a duplex without lot fine revisions. a. Floor Area Limits: Maximum floor area=3,000 sq. ft. (Proposed total floor area=2 x 1,500= 3,000 sq.ft.) Maximum above grade=2,100 sq.ft (Proposed total above grade=2 x 1,050=2,100 sq.ft.) Maximum below grade= 1,200(Proposed total below grade=2 x 450=900 sq. ft.) Page 3 of 4 Rodeo Place Subdivision Phase 2:Exemption Plat Narrative,January 23,2009 b. Minimum Lot Area Required: Minimum lot area per MP zone=3,000 sq.ft. Minimum additional lot area unit 23A= 1,500 sq.ft.per unit+ 1,000 sq. ft for 2 additional bedrooms=2,500 sq. ft. Minimum additional lot area unit 23B= 1,500 sq.ft.per unit+ 1,000 sq.ft for 2 additional bedrooms =2,500 sq.ft. Total required lot area=3,000+2,500+2,500=8,000 sq. ft.(8, 120 sq.ft. available) c. Parking: for a total of 6 bedrooms,2 garage spaces and 4 surface spaces are provided 2.7 Lot 24: The decision of the study group was to develop this lot per the original approved subdivision. By doing this,the owners of Lots 7&8 will still have a single family home facing them across the street,reducing the impact of the site plan revision on Phase 1 homeowners. 3. Infrastructure Considerations:The new duplexes and triplex are located consistently with the massing of the single family homes in the original subdivision. Buy implementing a common ownership structure for these buildings we hope to utilize as much of the existing utility installation as possible through common sewer and water services. Thanks in advance for your time in the initial review of this'proposal Sincerely, Daniel R.Romer,AIA Senior Architect Coburn Development,Inc. Page 4 of 4 EXHIBIT B RODEO PLACE : CURRENT PLAT 01127109 I I`I li raj• II j alrovcv rnuRr VI es aav I ii srAujaV CM= P Llk N EXHIBIT C RODEO PLACE - Phase 2 Current Proposed Build Out Matrix January 22, 2008 PROPOSED 1PER SUBDMSaN APPUCATION mtN3/, s HU UNrri7a' E R . Aw. veGRADE_+ : BELOWGRADE :: GROSS, ABOVE: GRADE" BEIOWARADE: GROSS GARAGE. . COMMENTS 1A 2 212 Triplex 1, 211 0. 1, 211. _ _ 1, 300 . _ . . _ 0 . 1300 _ 1- Attadied Requires Council: achon__ is 2 2/2 TA ilex 1, 211 0 1, 211 1, 300 0. 1, 300 1- Attaihed _. Requires, Council. action iC. - 2 2/2 Triplex 1; 211, _ 0 1, 211 1; 300 0 1, 300_ 1 Atgdied Requires Council acdon 4 50. 1 2/1 _ Small House 900 200. _ 1; 100 . _ 1, 436 200 . 1; 636 1- Attached Requires Council action 26 9___. , 3+ SF/ 2.5{ SF - Medium House_ 1, 792 .__ 522 _ 2, 314 _ 1, 868. .. __ 913 2, 781 2, Attached__; 17_ 11___ 2+ 1.F/ 2± SF Medium House 1; 486 _ 1, 078._._ 2, 564 1, 796 862 2, 658 - 2Atuched:. , 18 9 3+ 1.F/ 2.5+ 1F Medium House 1, 792 522 __ 2, 314__ 1, 539 805 . _ 2, 344 - AttSjdmd 19 11 2+ 1F/ 2+ 1F Medium House 1, 486 1, 078 2; 564 1, 637 _ 1, 203 2; 840 bAtteched 20 9. 3+ lF/ 2.5* lF Medium House 1; 792 522 2, 314 1, 796 862 2, 658 _ 2- Attached 21 DD- 2.- 3/2. 5 SF 1, 700 0 1, 700 1; 796 862 2, 658 2- Attached 22 SO. 1_ 2/1 _ . Small- House 900. _ 200 : 1, 100 1, 356 _ 710- _ 2, 066__ VAttachEd_ 23 DD- 2__ 312. 5. _ SF _ _ _ _. 1; 700 0 1, 70D 2; 031 936- 2- Attached 24 New3 large House 2, 000 11000 3; 00D. 1. 637____. 1, 203 2, 840 2AtU( ched_ „_ 13 Units 19, 181 5, 122 24, 303 20, 792 8, SS6 29, 348 Exhibit D 1009 Rodeo Place - Phase 2 Current Plat - 13 Units Preliminary- Project Budget Cost to Cost to CONSULTANTS Estimated Budget Date Complete 1 Architect-Planning 5,000 0 5,000 2 Architectural Building Design -CDI 184,120 0 184,120 3 Structural Engineer-Maggert 47,500 0 47,500 4 Soll/Geolechnical Engineer-HP GeWech 21,850 0 21,850 5 Civil Engineer-SGM 11,180 0 11,180 6 Snow Shed Consultant 12,075 0 12,075 7 Specifications Consultant 5,000 0 5,000 8 Legal 20,000 0 20,000 9 0 0 0 Sri6051s t30tR1251 X810=$13061725 DEVELOPMENT CHARGES 10 Building Permits 0 0 0 11 Water and Sewer-Tap Fees 132.000 0 132,000 12 Water and Sewer 0 0 0 13 Electric -Holy Cross Energy 0 0 0 14 Telephone -Qwest 0 0 0 15 Gas -Source Gas 0 0 0 16 Cable -Comcast 0 0 0 _ 17 0 0 0 S'ufitotaie$11.32;000 0 11321000 SITE AND CONSTRUCTION 18 Under drain system 0 0 0 19 Unsuitable Solis(Lots 4,22,&23) 0 0 0 20 Fill Import/Export 0 0 0 21 Road Repair 0 0 0 22 Re-vegetation 7,600 0 7,600 23 Home Construction 5,680,000 0 5,680,000 24 Trash Enclosure 20,000 0 20,000 Sutitotal silliliR07/600 X510=$15`7.07180.0 OTHER 25 Buildees Risk Insurance 5,000 0 5,000 26 Warranty 12 18,000 0 18,000 27 0 0 0 S7U6t3tala f2310.00$IO=$}231000 Subtotals 6,169,325 0 6,169,325 28 Owner's Representative 2.75% 169,656 0 169,656 CONTINGENCY 29 Contingency-Consultants 8 Day.Charges 10% 43,872 0 43,872 30 Contingency-SiteBConstruction 10% 570,760 0 570,780 31 0 0 0 Subtotals 784,289 0 784,269 Flle:DDUBrr D-As Resort Opportunities 8 hvestrrents,U.0 EXHIBIT E RODEO PLACE : PHASE 2 EXEMPTION PLAT 01127109 III iI III II - I II II VA mot n. v f n Val czr= EXHIBIT F RODEO PLACE - Phase 2 Exemption Plat Matrix January 23, 2008 BEID GRADE JFGR- 0S- Slj( GARAG i CQMME14SI 1A 2/ sirnj 2/ 2 Triplex 1, 211 0 1, 211 1- Attached Requires council action 16 2( Sim.) 2/ 2 Triplex 1, 211 0 1, 211 1- Attached Requires council action le 2( Sim.) 2/ 2 Triplex 1, 211 0 1, 211 1- Attached Requires council action 4 SD- 1 2/ 1 SF 900 200 1, 100 1- Attached Requires council action 16 9 3/ 3.5 SF 1, 792 522 2, 314 2- Attached 17A - _ _ N 2 3+ SF/ 2+ 1F 2500 - _ __. _ Duplex 1; 050 . _ 450 - 1, 500 1- Attached Lots. 17,. 18& 19 combined_ 178 New 2 2+ SF/ 2+ iF _ -_ __. 2500 1, 050 450 1, 500 1- Attached Duplex _ wk_ Newt 2± 1F/ 2± 1_F_ _- _- 2500 - Du lex _ 1, 050 450 1,5. 00 17Attached 198 Newt 2+ 1F12+ 1F 2500 Duplex 1, 050 450 3- Attached 19A New 2 212 2000 Duplex 1, 050 450 1, 500 I- Attached 19B New_ 2_ - . 2/ 2 2000 450__ 1, 500 1- Attached MIN. LOTAREA 3000 FLOORAREA TOTAL REa 1. 7000 - TOTAL 6, 300 2; 700_ 91000 AVAILABLE 17018 _ ALLOWABL_ E 6300 1 3. 600_ 9000 20A New 2 2+ 1F/ 2+ SF 2500 Duplex 1, 050,. 450 _ 1, 500 3- Attached Lots. 20, 21& 22 combined 20B .: New 2 2+ 1F/ 2+ 1F 2500 Duplex_ 1, 050 450 1, 500 1- Attached 2 , fVew, 3' 2/ 2 2000 _ Triplex 800 _ _ 400 1, 200 1- Detatched 2- Ne+ wL3- 2/ 2 2000_ Triplet - :;. 800 -- - 400 _ k200 i- Detatched 21C :? New' 3 2% 2..: 2000 - Triplex Boo _ 400 1, 200 1 Detatched _ 22A,.- ... New 3 12/ 2 2000 - - Duplex -- 800 400 1, 200_ 1- Detatched_; 22B_ New 3 2/ 2 _ f,E. . -_ ;. 2000.__ Duplex Boo 400_ 1, 200 1- Detatched LOT 3000 FLOOR AREA TOTACRE4... ... . - .: 18000 - TOTAL 6, 100 2, 900 9, 000 AV, 41_ LABLE 18672,_ ALLOWABLE 6, 300 3, 600 9, 000 23A Newt 2+ LF/ 2+ SF _ 2500 Duplex _ _ 1, 050 450 _ _ S, S00 17Detatched, Duplex on former SF Lot 238 New 2+ iF/ 2+ 1F _ 2500 Duplex _ _ _ 050 450 3- Detatched LOTAREA 3000 FL' OORAREA TOTAL REa _ _ _ _ _ _. 8000 TOTAL 100 _- _ 900 3; 000._. AVAILABLE_, _ 8_ 120_ ALLOWABLE 1 2100 1200 3. 000 24 DD- 4 3+ iF/ 2.5+ 1F 2, 000 1, 000 3, 000 2- Attached 21 Units 22, 825 8, 222 31, 047 Exhibit G 29'2009 Rodeo Place - Phase 2 Exemption Plat - 21 Units Preliminary- Project Budget Cost to Cost to CONSULTANTS Units Estimated Budget Daft Complete 1 Planning&Entitlement-CDI 31,480 0 31,480 2 Architectural Building Design-CDI 262,088 0 262,088 3 Structural Engineer-Maggerf 48,398 0 48,398 4 Soil/Geotechnical Engineer-HP Geofech 23,230 0 23,230 5 Civil Engineer-SGM 44,300 0 44,300 8 Snow Shed Consultant 12,075 0 12,075 7 Specifications Consultant-TBD 5,000 0 5,000 8 Legal-HOA Documents- TBD 50,000 0 50,000 9 Pre-constructlon Services-Rudd 26.000 0 26,000 S'utitotals 0 0$1502r574 DEVELOPMENT CHARGE 10 Building Permits 0 0 0 11 Water and Sewer Tap Fees 225,874 0 225,874 12 Water and Sewer Relocates 212,000 0 212,000 13 Electric Relocates-Holy Crass Energy 21,000 0 21,000 14 Telephone Relocates-Owest 3,000 0 3,000 15 Gas Relocates-Source Gas 7,100 0 7,100 16 Cable Relocates-Comcast 5,500 0 5,500 17 0 0 0 370 itotais x$10 1474!,4.7 SITE AND CONSTRUCTION 18 Under drain system 0 0 0 19 Unsuitable Soils(Lots 4,22,&23) 0 0 0 20 Fill Import/Export 0 66,000 21 Road Repair(Included in Water&Sewer) 0 0 0 22 Re-vegetation 7,600 0 7,600 23 Home Construction 6,856.730 0 6,856,730 24 Trash Enclosure 20,000 0 20,00 S.'ulit'of'ela IBi950)330ti $0= IB`950)330 OTHER 25 Builder's Risk Insurance 7,500 0 7,500 26 Warranty 21 31,500 0 31,500 27 0 0 0 utitotala 38;00.0! 0 39;000 Subtotals 7,966,375 0 7,966,375 28 Owner's Representative 3.00% 0 238,991 CONTINGENCY 29 Contingency-Consultants&Dev.Charges 10% 97,704 0 97,704 30 Contingency-Site&Construction 10% 695,033 0 695,033 31 0 0 0 Subtotals 1,031,729 0 1,031,729 CURRENT PLAT- 13 Units 6,953,614 Delta 2,044,489 Consultants, Development Charges ,Site and Construction Charges, and Owner's Representative Delta File:EXHIBIT G.xls Resort Cpportunkies&Investments.LLC Rodeo Place - Phase 2 Project Budget Assumptions Exempt Plan Item lAssumption 1 3 4 5 6 New consultant for Phase 2 7 8 Modifi ing the existing HOA Docs and assist in the preparation of(3)Condo Plats 9 10 Waived by the Town. 11 12 A. Use of city water for compaction B. No de-watering is included C. Water Tine depth is based at 7' 1 D. All line sizes are based at W E, Street drain pan will be remove on one side of the street F. No additional sewer work is required G. Costs based on streets being closed for excavation (no one way traffic). Traffic shall be detoured H. Trenches for Lots 1 &20-23 shall be covered with traffic plates at night I. Excavations for Lots 17,'18, & 19 shall be open excavations. No traffic plates shall be used 13 Cost to move 2 transformers 14 Assume moving 3 pedestals at$1,500/pedestal. 15 8 additional units 16 18 19 20 8 additional units 21 - 22 _ Covers re-veg of fill area below lot 13 23 Base on Costs to Date of$220.85 for Phase I from Rudd x 31,047 Gross Sq. Ft._ 24 Required per the Resolution 39. 25 26 Based on $1,500 per unit-returned back to the Town any un-used portion, after one year 27 28 Increase from 2.12%for Phase I, based on an expanded scope of work 29 he goal is to reduce this down to 5% by the Design Development phase. 30 IThe goal is to reduce this down to 5% by the Desigin Development phase. 19ald IPa, SR3 Amom& llepaa 4f pi9rO ® r 1P+ 9ras 49u9nQ n9dMrd '! L9r V91 1/ UO py 999' jI 9 LrrSW>' d rLLI. LQ ' meo411n1 , SMLll9a1 4e0O_ up39' Mp1SLnJ IV4q a i le' amm Sal , 502909M _ 4a0¢ -- 9p. r4 S999d— A 1 R MM- 1 MM- L Mq0_ Na•) 9W9WBM9! d N4s3 IQ R W' rLll nl Sa' IrJSI PM_ 4iR 19W0] _ 4. R 9a L. l Wml1 4+ 004 W19lIr3Y 9pr9tl OB R r:!l. I.i%' rp9a1901 SMAWM ~ 53 9MwI SM1l im!• PM 9W¢ awmo W 9 pIB l2 R' eww SOl Wwlal W0 Ma' 9SV PWilp19D uta::':::[ L'rf.`.' R' abw Sal WPApM_ rSSp OL _. . 499M94KaS 94? 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SSIPA9a1M1 94JW$, c 1'f f G= Ma SMn. 941 ! W rl, PSwll OClySO.. . Z f SppfL 941 SM699IS M900 prmJp9' cdpzrplN 9M9M' 1 W11 S 1l 411 Qw1 rrOli OL'9 till OfJY rw tfJS ! w Qli` Lr CA' YC LLi Q.Z IM1 9181 1n9tl WVJ 199 R4N S9¢ I S41 0 N quugl r 94 3YI L)E) 9d 131i0 MMIfS3W L iSYIl13 rN 03000 Nll® K3 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: February 2, 2009 Comprehensive Plan Update The Planning Commission had a special meeting on January 14'", 2009 and a regular meeting on January 21't to review the draft Comprehensive Plan. They have successfully completed their review of all the chapters except the Built Environment, Recreation, and Culture chapters. A resolution (as planned currently)will be considered at the next PEC meeting on February 4h to forward a recommendation to the Town Council. Summary of Ongoing and Pending Strategic Actions Last Updated—January 28, 2009 Staff Action Status Date to follow-up w/ Cont I I I Council Land Use Comp. Plan Comprehensive The Council and Planning Commission have February 17, 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 17, 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 22nd. The primary idea that came from the research Included creating a Historical District where there is an express purpose to protect buildings of historical significance. Russ Tree Ordinance Frame goals and provide alternative February 17, 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. Housin Russ Forrest Rodeo Place— As of December 4, 2008 Rudd Construction February 2, 2009 Michael Phase I and ROI (owners' rep)were both on time and O'Connor 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 If 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 Colbum Architects and ROI (our owners 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 savings from Phase I. Housing Draw Site/Land As directed, the Housing Director retained February 17, 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 17, 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 % (percent)value of the home and requirements for comprehensive insurance. Budget/FInance Finance Monitoring Staff is carefully monitoring revenue and May 4, 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/Sustainabiliri Jason Haber Bring REOP back This was requested of council via a motion on March 2, 2009 at the 1"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 Pro ecta Art Smythe Incident Invite Ellen to do a 1 hour overview of ICS for To be scheduled Command Council System Mark Kittle CO Ordinance Prepare a CO (Carbon Monoxide)ordinance March 2, 2009 for the Council's consideration Russ Forrest Bring your own A majority of Council requested staff to see if liquor policy at there are legal options for bringing your own special events alcohol forspecial events. PAMANAGERASC1Managers Report 09102-02-09.doc 7th DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA FEBRUARY 17, 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: STATE OF THE WATERSHED REPORT PHASE 1 - FINDINGS Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Listen to report and ask questions. Mark Fuller.......................................................Page (TAB—) Item No. 5: PUBLIC HEARING FIRST READING OF CARBON MONOXIDE DETECTOR ORDINANCE NO. 1. SERIES OF 2009 Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Approve first reading, modify or deny Ordinance No. 1, Series of 2009 Mark Kittle........................................................Page (TAB—) Item No. 6: PUBLIC HEARING AND DISCUSSION: SNOWMASS CLUB CIRCLE PRELIMINARY PUD AND REZONING Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Discuss with Applicant Multi-Family' Rezoning, revised PUD and amendment to proposed Snowmass Club Circle development project. Jim Wahlstrom....................................................... Page (TAB—) Item No. 7: UPDATE ON LAND USE TOOLBOX TO ADDRESS RETAIL MIX, DEMOLITION AND TREE PROTECTION Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Provide direction to Staff as to whether policies should be implemented. Chris Conrad, Mark Kittle, Russell Forrest.................Page (TAB—) 02-17-09 TC Page 2 of 2 Item No. S: 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. 9: NORDIC TRAILS PLAN Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Approve plan Hunt Walker.....................................................Page (TAB—) Item No. 10: MANAGER'S REPORT Time: 10 minutes) Russell Forrest...................................................Page (TAB—) Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB—) Item No. 12: APPROVAL OF MEETING MINUTES FOR:AND Page (TAB—) Item No. 13: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB—) Item.No. 14: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 3 hours and 40 minutes (excluding Items 1-3 and 11 —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. SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, AUGUST 20, 2007 Mayor Mercatoris called to order the Regular Town Council Meeting of May 7, 2007 at 4:00 p.m. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Douglas Mercatoris, Reed Lewis, John Wilkinson, Sally Sparhawk and Arnold Mordkin COUNCIL MEMBERS ABSENT: All Council Members were present. STAFF PRESENT: John Dresser, Town Attorney; Russ Forrest, Town Manager; Jim Wahistrom, Senior Planner; Chris Conrad, Planning Director, Bob Nevins, Town Planner; Hunt Walker, Public Works Director; Jason Haber, Economic Resource Director; Kathleen Wanatowicz, Public Relations Officer; Susan Hamley, . Marketing Director; and Donna J. Garcia- Spaulding, Deputy Town Clerk PUBLIC PRESENT: Bill Boineau, Guy DeCarlo, Mel Blumenthal, Mac Keeling, Catherine Lutz, Jeff Tippet, Steve Alldredge, Carey Shanks, David Perry, John Quigley Don Schuster, Mary Kenyon, Dr. George Bletsas, Bob Purvis, Steve Sewell, and others interested in today's Agenda items. Item No. 2: PUBLIC NON-AGENDA ITEMS Dr. George Bletsas Representative for the Second Homeowners Advisory Board Dr. George Bletsas offered a special thanks to the Town Clerk Rhonda Coxon, who assisted this Board with information pertinent to on going projects; and Public Relations Representative Kathleen Wanatowicz, who provided the Town with information for press releases from the SAAB. Jeff Tippet- Comprehensive Plan Requested that Council schedule a time slot on a future Agenda to discuss the Comprehensive Plan review with regard to the $200,000, which is a lot of money and based upon information he received from Ted Grenda the final bottom line cost for the 1998 Comp. Plan was $750,000. He inquired of Council as to where they are going to get the $200,000 to pay for revisions to the current Comp. Plan and what is Council going to do when they have spent that amount of money and they still do not have the needed product? He commented that the Town Manager has talked about a targeted review but he is concerned that once Council gets into the Comp. Plan, in light of what has been approved for Base Village and in light of what will be approved for the Snowmass Center, that Council may find that their target is very broad. He further requested that Council explain to the community their purpose in up-dating the Comp. Plan and what the benefits of just waiting for submissions to come in might be. He stated that people in the community back in 1998 felt that their time was wasted because of the way the Plan was not during the review of Base 0a-20-07tc Page 2 of 12 Village. He applauded the Town for bringing aboard the web-streaming program Granicus, since it is a wonderful way for the community to keep up with Town Council Meetings that they may not be able to attend. Lastly, Mr. Tippet explained his comment in the recent Snowmass Sun Newspaper and stated that his °Why Bother" comment was due to conversations he had with others within the community that felt their time was not recognized and consequently have tossed the Town Survey because nothing would come of it anyway. With respect to public input, he further requested that Council be mindful of public input regarding construction impacts and allow for more public forums. Guy DeCarlo- Representative of Citizens for Snowmass Stated that during a recent meeting of the Citizens for Snowmass a question came up regarding the issue of the 30-day time frame for decision of the hotel at Base Village relating to a conference facility. DeCarlo stated that initially the discussion had to do with the name of the hotel from Westin Hotel to Viceroy but now the actual hotel have been significantly reduced in size; conference area has been reduced in size, with the remainder of the facility sliced into fractional ownership. They also understand that Council is looking at doing a national chain hotel conference facility elsewhere within the community and requested that Council take their time during deliberations and not allow it to be an arbitrary time limitation. He further stated that the original reason that many from the community and from the Citizens for Snowmass reluctantly agreed to vote for the Base Village was the fact that- that was the economic engine to drive vitality of the base and they would like assurance that there will be another economic function. Mayor Mercatoris stated that Council would take as much time as is necessary for public comment. The Mayor further stated that he is not sure who DeCarlo is receiving his information from, however any conference facilities are being taken out of Building 13A and to his knowledge there is are not any conference facilities out of that; it is the exact square footage as previously, the square footage in Building 2A , which is not part of the hotel but is the other complimentary conference facility is currently built and there has not been any reduction in that conference facility; so as far as he knows there has been no reduction in conference facilities in Base Village. In response to an invitation by DeCarlo, Mayor Mercatoris stated that he would be happy to attend the next Citizens for Snowmass Meeting with staff and the Town Manager. Robert (Bob) Sirkus Sirkus identified himself as the Chairman of the Second Homeowners Advisory Board and stated that during the Board's July meeting they recommended that Town Council require Related WestPac to provide the community and Council with all changes to the Base Village construction project. He agreed with Council's decision to review the Comprehensive Plan and looks forward to participating in community exchanges. He commented in support of employee housing within the Village because when other developments are proposed it can be determine whether we are getting enough for localized employee housing. Paul Fee Stated that in addition to the fiscal responsibility when talking about $200,000 frankly, that is really extremely low figure and beyond that we need to ask ourselves what it is going to accomplish and suggested that we are never going to be able to document specifics. As Town Council approaches a new Comp. Plan they need to be mindful of the impression of sliding it through because it is going to be expensive to do. 08-20-07tc Page 3 of 12 Bob Purvis. Representative of Citizen's for Snowmass Stated that a final message that came out of Citizen's for Snowmass Meeting was a little different perspective, which is in the face of the turmoil in the finance, and credit markets world-wide today, how does that affect their ability to maintain financing to complete projects that are underway in our village? Fred Cooker, Representative of Citizen's for Snowmass Stated that this community went through a lot of pain and suffering during the approval for Base Village and it ultimately was approved by this community. "I voted for it because I thought it would be better for the community and those of us who live her full-time and 1 thought it would be better for those who visit this community; I didn't care whether it was going to be good or bad for the developer." There is apparently a lot of discussion about changes to that plan and he hopes that Council asks questions regarding whether or not it is beneficial for the community and if there is not a clear benefit for the community, then I don't think it is in the community's interest. Mayor Mercatoris stated that he would be delighted to attend the next Citizen's for Snowmass meeting with staff or one other Council Member. Representative of Related WestPac Carey Shanks stated that he and Pat Smith are available to take citizen's questions at 618-0589 and if there are others who would like to meet they are happy to reach out and meet one-on-one as well. Item No. 3: COUNCIL UPDATES Backhoe Work Council Member Lewis reported that there was a backhoe working on the hill this past Sunday and requested that staff make sun:that it does not happen again. Camping -'Bike Race Council Member Lewis reported feedback from the Bike Race and stated that he received complaints for lack of camping for bike racers and that most all of the lodges were full and requested that camping be made available for next year's bike races. He further requested that this event venue be made available to all income levels in an effort to attract more racers. Base Village Tour Council Member Sparhawk reported that she recently went on a tour of Base Village and that it was interesting and she encouraged her colleagues to go. Snowmass Nationals Council Member Wilkinson requested that camping for the Snowmass Nationals be made available for next year and reported that it was not available this year due to the construction pipe work. He further thanked Town staff for a job well done during this event. Green Initiative Council Member Wilkinson reported that there was an unveiling of the green initiative and that there are continuing talks taking place regarding the sustainability committee and that they desire to keep moving forward and keep the momentum going. 08-20-07tc Page 4 of 12 Mayor Mercatoris stated that he too is very interested in the Green Initiative both in the community and the private sector and would like to encourage others to find a ways to make it happen and practice alternative energy sources and ways to do our part here in Snowmass Village and be the ones to set an example. Item No. 4: CONSTRUCTION UPDATE The Economic Resource Director Jason Haber reported that there are no changes to Construction Coordinator's Weekly Report, nor is there changes to the Right of Way Impact Report. After further discussion, Council consensus directed staff to provide Town Council with the Construction Coordinator's Report would be provided to Town Council within the Friday Council packets prior to the next Council Meeting, as well as posting it to the web site. Related WestPac Representatives Matt Keeling and Jim Kehoe provided Council with a PowerPoint presentation highlighting details regarding roadway impacts associated with Base Village. Keeling reported that as of Wednesday people are driving on the new detour lane on Brush Creek Road due to water lines installation and that there would be a couple of delays on August 20 through 27th with guard rail work on the sidewalk. The detour up Wood Road causes one to travel up Wood Road onto the concrete road over the bridge until August 30th, at which time travelers will go over the bridge. As of this morning on Carriage Way they have poured all of the lanes, which leaves curb gutter and sidewalk remaining to be completed. The Enclave ditch work is completed with the masonry stone work up hill and they have cleaned up the side of the road in preparation for ski season. Keeling invited interested ones to visit his web site at tosv.com to check out his daily report. Council Member Lewis directed the Applicant to leave Upper Kearns Road closed during the Labor Day holiday because it works better without a four-way intersection. After further discussion, Council directed staff to find out when the buses are going to be allowed through some of the construction section at the Carriage Way location, in an effort to keep bikers off of Brush Creek Road. Mayor Mercatoris stated that he has already spoken to staff regarding the Lotus Convention coming with 300 Members for the classic automobiles showing and it took the Town a long time to get the Porch Club back into this community so it is very important to the Town, that there are not problems and that these expensive cars are not damaged in any way. He further stated that it is the responsibility of construction managers to find out what special events are taking place within the community so that these events are not affected by construction. The Applicant stated that they have hired a private paving company at the tune of$5,000.00 to pave the roads and they are taking care of it and that they take their responsibility very seriously and review special events regularly. Fox Run homeowner Ellen Cooker inquired of when the trail will be done? Keeling stated that he would find out immediately following today's meeting. Item No. 5: SECOND READING OF ORDINANCE NO. 14, SERIES OF 2007 - 08-20-07tc Page 5 of 12 AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30%) WITHIN LOT 28, PARCEL G-THE PINES, EAST VILLAGE PUD (Time 30 Minutes). Town Planner Bob Nevins outlined previous discussion Council had engaged in relating to this ordinance and referred Town Council to options outlined on packet pages 7 and 8. Nevins reported that staff is still in need of Council approval relating to these options, which would require a super majority vote by Council. He referred Council to packet page 10 regarding a letter from Stephen R. Connor, Attorney for Oates, Knezevich, Gardenswartz & Kelly, P.C. At this time Council Member Sally Sparhawk made the motion to approve Second Reading of Ordinance No. 14, Series of 2007, Arnold Mordkin seconded the motion. Town Council and the Town Attorney discussed protecting the Town from future indemnification. Mayor Mercatoris requested a roll-call vote conducted by the Deputy Town clerk at this time. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. The motion was approved by a vote of 5 in favor to 0 opposed. Item No. 6: SNOWMASS ARTS ADVISORY BOARD PROJECT UPDATE: Chair of the Snowmass Arts Advisory Board Lisa Vogel and Jim Kehoe introduced themselves to Town Council. Vogel proceeded update Council on the Arts Advisory Board projects that have been proposed and completed and provided Council with a PowerPoint presentation depicting particulars on the Base Village, Pavers for the Art walk, Tom Blake Memorial Sculpture by Mary Beth Blake, Strategic Plan, call to Artist Project, Rotary Grant for Fence Art, Town Hall piece, and the 40 Anniversary piece. Linda Gerdenich provided Council with a Financial Report also included in today's packet of information. There being no further discussion, Mayor Douglas Mercatoris made the motion to approve the Snowmass Arts Advisory Board Pavers project. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item_ No. 7: RESOLUTION NO. 17, SERIES OF 2007 - SNOWMASS ARTS ADVISORY BOARD: There being no discussion, Arnold Mordkin made the motion to approve Resolution No. 17, Series of 2007, John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 08-20-07tc Page 6 of 12 Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. NOTE: Council took a 15-minute break and this time and reconvened the Regular Town Council meeting at 5:30 p.m. Item No. 8: DISCUSSION-WINTER PARKING PLAN: The Transportation Director David Peckler provided Council with historical background information relating to the Winter Parking Program and Agreement for 2007/2008. Staff and Council discussed details within this agreement relating to the goals of the parking agreement relative to the Comprehensive Plan and Ordinance No. 9, Series of 1994 (the approval of the ski area expansion onto Burnt Mountain), distribution of parking within the community and the cap on day use parking of 2,250 spaces, descriptions of the various permits that allow access to public parking spaces and their respective prices, regulation of the permit types (s) allowed in a specific parking lot, and designation of the management and maintenance responsibilities of the Town and Aspen Skiing company in the operation of the parking system. Steve Sewell and Town Council discussed details relevant to 2,165 available spaces, as well as contestant parking on the other side of the rodeo arena, permit fees increase, and parking enforcement during the day. After further discussion, Mayor Douglas Mercatoris made the motion to approve the Winter Parking Program and Agreement for 2007/2008 as outlined by the Transportation Director, Sally Sparhawk seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, and Arnold Mordkin. Item No. 9: MARKETING BRAND MARK: The Marketing Director Susan Hamley reported that the marketing brand mark is a collaborative partnership amongst the Town, Related WestPac and Aspen/ Snowmass Skiing Company. After further discussion, Council approved the Aspen leaf recommended by staff, dropping the word "Village" from Snowmass Village advertisement and keeping the slash mark in Aspen/Snowmass to include our association with the city of Aspen. Member of the Marketing Special Events & Groups Sales Board (MSE & GS) Bob Purvis informed Councilman Wilkinson that the photograph he saw was paid for by Related WestPac and there have been conversations to correct that. Purvis informed the Mayor that the Aspen/Snowmass signature that he found missing is part of what will be found in the brand book when it is done. Purvis informed Councilman Mordkin that"The MSE GS Board suspected that he would have some growing pains with collaboration of using an off brand." He stated that the Board also suspected that the issue of the Board suggesting that the Town rebrand itself is not something the Board wanted to take 08-20-07tc Page 7 of 12 initiative on but if you are going to have a unified brand the more times you can put it and the more places it can be seen the better off you are.* MSE & GS Board Chair John Quigley commented with regard to the zip code for Snowmass being different from Snowmass Village and addressed the sign on Highway 82 is also different and rarely do our customers refer to us as Snowmass Village. Therefore,.it is the consensus of the Board to have Snowmass as a unified market brand. Mayor Mercatoris requested that staff investigate what exactly the Town's official brand on Town vehicles actually is and report findings back to Council with a cost estimate. Item No. 10: RESOLUTION NO. 20, SERIES OF 2007- SPECIAL REVIEW APPLICATION FOR SAM'S KNOW CONSIDERATION OF A RESOLUTION APPROVING THE SPECIAL REVIEW APPLICATION FOR THE SNOWMASS MOUNTAIN SAM'S KNOB REPLACEMENT RESTAURANT AND OTHER INTERIM ANCILLARY FACILITIES ON SAM'S KNOW Mayor Douglas Mercatoris made the motion to approve Resolution No. 20, Series of 2007, Sally Sparhawk seconded the motion. , The Town's Senior Planner Jim Wahlstrom referred Town Council to packet page 52, Section Three: Conditions of Anaroval, Conditions 1), 2) and 3). After further discussion, Council approved staff recommendations. Town Council, staff and the Applicant began a line-by-line, page-by-page process of discussion of clarification and amendments. After a lengthy discussion, the motion to approve Resolution No. 20, Series of 2007 was approved as amended by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 11 FIRST READING OF ORDINANCE NO. 16, SERIES OF 2007 FIRST READING OF AN ORDINANCE - SAM'S KNOB RESTAURANT DECK ON 30% SLOPES CONSIDERATION OF AN ORDINANCE APPROVING DEVELOPMENT WITHIN AREAS CONTAINING THIRTY PERCENT(30%) SLOPES AT THE SAM'S KNOB SUMMIT ON SNOWMASS MOUNTAIN There being no discussion, Arnold Mordkin made a motion to approve First Reading of Ordinance No. 16, Series of 2007, Sally Sparhawk seconded. The vote was approved by 5 in favor and 0 opposed. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 12 FIRST READING OF ORDINANCE NO. 18, SERIES OF 2007 08-20-07tc Page 8 of 12 AN ORDINANCE IMPLEMENTING ENGINE IDLING REGULATIONS The Economic Resource Director Jason Haber explained that this item is the first of three items that stem from Council direction of April 2, 2007 that staff develops a regulatory tool that establishes a ten (10) minute limitation on vehicle engine idling. This provision was recommended in order to limit construction-related and other vehicular emissions. Reed Lewis made a motion to approve First Reading of Ordinance No. 18, Series of 2007, John Wilkinson seconded the motion. Council Member Arnold Mordkin commented that he has noticed vehicles idling during colder weather, while people run into the Post Office for more than 15 minutes and mentioned that Model Code has a provision stating that you can't leave a vehicle un- attending or unlocked and requested that clear language is implemented into the ordinance. Council consensus agreed to allow the public to idle for 5-minutes and requested that this be implemented into the ordinance. Council Member Sparhawk directed staff to investigate how to appropriately handle fines for abusers. Mayor Mercatoris requested that discretion be given to the Police Department regarding how and when to enforce laws. Council, staff and the Applicant began a line-by-line discussion of the ordinance, making amendments, language changes, and clarifications. NOTE: Council took a 5-minute break and reconvened the Regular Meeting at 7:05 p.m. The Town,Attorney John Dresser and member of the community Mel Blumenthal discussed winter peak and summer peak hours relating to vehicles stopping on the roads and concluded that the months should be stated for clarity within the ordinance. Dresser clarified that individuals must come before Town council 21 days in advance for approval. The Town Manager and Chief Building Official only become involved with emergency situations. After a lengthy discussion, the motion to approve First Reading of Ordinance No. 18, Series of 2007 as amended was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 13 FIRST READING OF ORDINANCE NO. 12, SERIES OF 2007 FIRST READING OF AN ORDINANCE-CONSTRUCTION MANAGEMENT REGULATIONS Council consensus agreed to table further discussion of this ordinance to the October 15, 2007 Town Council Meeting. Item No. 14 FIRST READING OF ORDINANCE NO. 13. SERIES OF 2007- FIRST READING OF AN ORDINANCE - CONSTRUCTION MITIGATION FEE 08-20-07tc Page 9 of 12 Reed Lewis made the motion to approve First Reading of Ordinance No. 13, Series of 2007, Sally Sparhawk seconded. Economic Resource Director Jason Haber reported that staff presented a Town Manager's Report to Council identifying costs associated with implementing the town's Construction Coordination and Impact Mitigation Plan (CCIMP), with the hiring of a new Construction Coordinator and the information initiatives that are being handled by the Town's Community Relations Department, as well as the costs incurred by construction management the Town is looking to establish a revenue source based upon a new fee of$1.00 per square foot for development projects resulting in new floor area that would be tied to building permit issuance. In addition to the ordinance, staff and Council discussed several pages of packet information backup relating to CCIMP, construction coordination, construction information initiatives and action plan,job description for the Construction Coordinator, and revenue and expense projections included on packet page 121. After further discussion, Town Council, Aspen Skiing Company Representative Don Schuster, Scoff Steadman, and staff agreed to meet for further discussions regarding what fiscal impact report is appropriate for other developments, covering incremental costs, and to make sure this fee is covering costs. There was much discussion relating to 50% for deed restricted employee housing or make it 75% deed restricted by private; single-family construction impacts on the community; parking, and creating a funding source that is reliable and inclusive. After further discussion, Council consensus agreed to table further discussion of this item to the October 15, 2007 Town Council meeting. Item No. 15 COMPREHENSIVE PLAN UPDATE - Budget & Contract Approval The Town Manager Russ Forrest stated that the purpose of today's meeting is a regulatory document to guide elected and appointed officials, staff, businesses, developers, property owners, and other entities in implementing goals and objectives. He stated that updating the Comprehensive Plan is a community-wide effort and will involve many opportunities for citizen involvement. and that it should be updated every two years. Forrest further stated that concurrently, the 1998 Comp. Plan needs to be updated to reflect approved development projects, additional carrying capacities and future redevelopment of the West Village. Forrest stated that the Plan did not specifically contemplate the level of development approved in Base Village and the current project proposed at the Village Center. It did recognize that these areas were appropriate for more dense commercial and residential development. He stated that the Comp. Plan process will reconfirm the Town's vision for Snowmass Village and clearly define a set of values. Town Council and staff discussed the total requested budget allocation from the General Fund would be $209,471; Winston Associates professional services fee total contract amount would be $236,971, with communications public meetings costing $29,000. 08-20-07tc Page 10 of 12 Council Member Sparhawk stated her approval of the estimated costs involved to update the Comp. Plan and the consultant contract; Mayor Mercatoris stated that he is in approval of spending $275,000 and he is not willing to spend more than that and he requested from the community their input; and Reed Lewis leaned towards tweaking the existing Comp. Plan and not spending more money. Council Member Mordkin stated his approval of moving forward with the targeted review. After further discussion, John Wilkinson made the motion to approve moving forward with updating the 1998 Comprehensive Plan and costs involved as presented today, Sally Sparhawk seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 17 MANAGER'S REPORT Community Picnic Town Manager Russ Forrest reported that the Community Picnic is August 24'", form 4: p.m. until 7:00 p.m. at the Recreation Center and invited the community to join in the festivities of free food, drink and swimming. Item No. 18 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Dump Truck Rollover Council Member Wilkinson inquired of the Town Manager if he had heard anything regarding an incident of a dump truck rolling over the Thornton Road location and dropping rock into the drainage? In response, Forrest stated that he went out to the site and he is not aware of what actually dumped and he talked to Steve, who has worked out a plan with the contractor to extract whatever did get dumped. Town Hall Library Wilkinson reported that the New Town Hall has placed marked a portion of the Town Hall to be a Library that will be overseen by Kathy Chandler, Pitkin County Librarian and that this is run on an honor system. Pressure Relieve Valve Council Member Mordkin requested details relating to the pressure relieve valve and its reconfiguration, as well as who approved it. Forrest stated that staff will resolve the issue. The Mayor requested that it disappear as soon as possible. Recycling Council Member Sparhawk reported that Related WestPac made some commitments to provide recycling bins in the Post Office, including a bin for newspaper. She requested that proper signage be placed to direct the community to the bins. Council Member Lewis requested that recycle bins be placed at all commercial locations. Roundabout Culvert Mayor Mercatoris stated that the culvert at the roundabout location is surrounded 08-20-07tc Page 11 of 12 by a cement structure without rock face on it, which he did not approve of and requested that staff have rock face put around ft. Free Bus Mayor Mercatoris inquired of discussions with Aspen Skiing Company regarding the intercept lot at Highway 82 and if our busses from Aspen don't have enough room on them for riders maybe we should be trying to think of ways to finance a free bus from Down Valley, that would start getting people off the highway coming from the west as well as from the east. He stated that Snowmass has significant new residential and hotel commuters coming from Down Valley. Reed Lewis stated that the free bus system would be great to continue ft and have ft available in time for Labor Day weekend if it can be accomplished. Children's Back to School Jamboree Town Attorney John Dresser reported that the Snowmass Village Police Department will be hosing a children's jamboree, this Friday at the gazebo in the Town Park from 11:30 a.m. until 1:00 p.m. There being no further discussion, Sally Sparhawk made the motion to move into Executive Session, John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. , Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. Item No. 16 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 Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators, pursuant to C.R.S. 24-6-402(4)(e) and Snowmass Village Municipal Code Section 2-45(c)(5); Personnel matters except if the employee who is the subject of the session has requested an open meeting. 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. At 9:35 P.M. Council Member Sparhawk made a motion to convene the Regular Meeting, Reed Lewis seconded. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. 06-20-07tc Page 12 of 12 Item No. 19 ADJOURNMENT: At 9:36 P.M. Council Member Sparhawk made a motion to adjourn the Regular Meeting, Reed Lewis seconded. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. Respectfully Submitted By: Donna J. Garcia-Spaulding, CMC Deputy Town Clerk SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MONDAY, DECEMBER 15, 2008 CALL TO ORDER AT 4:00 P.M. Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, December 15, 2008 at 4:00 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. 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, Jason Haber, Economic Resource Director, Chris Conrad, Planning Director; David Peckler, Transportation Director, Jim Wahlstrom, Senior Planner Greg Rulon, Chad Oliver, Katie Redding, Madeleine Osberger, Larry Jones, Bob Purvis, Dwayne Romero, Scott Stenman, Pat Smith, Kirk PUBLIC PRESENT: Funkhouser, Jeff Webb, Grant Melius, Don Schuster, David Corbin, Jason McLaughlin, Rick Griffin and other members of the public interested in today's Agenda items. Item No. 2 PUBLIC NON-AGENDA ITEMS There were no Public non-agenda items. Item No. 3 COUNCIL UPDATES Council Member Wilkinson stated that Senator Salazar had scheduled some meetings in the Roaring Fork Valley that have been due to snow. Council Member Butler asked what time we have staffing at the Town Park Depot and asked that we consider staffing during the hours of lift operations. Town Manager Russ 12-15-08tc Page 2 of 10 Forrest will verify the hours the Town Park Depot is staffed. She also voiced concerns regarding the snow removal in the common areas of the Snowmass Mall. This is a Related WestPac issue. Mayor Boineau reported that he attend his first Regional Mayors Meeting and had nothing to report at this time. Item No. 4 RESOLUTION NO. 36, SERIES OF 2008 - LEVYING PROPERTY TAXES Finance Director Marianne Rakowski stated that Resolution No. 36, Series of 2008 establishes the property tax mill levy for the year of 2009. The Pitkin County Assessors Offices provides the Town with estimated assessed valuation in August of each year for the use in budget process. John Wilkinson made the motion to approve Resolution No. 36, Series of 2008 Levying Property Taxes. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Item No. 5 2009 BUDGET CONTINGENCY PLAN Finance Director Marianne Rakowski explained the Contingency Budget Plan. Town Manager Russ Forrest noted this discussion will also be on the agenda for the second meeting in January. Transportation Manager David Peckler was present to answer questions regarding the cut of Route 8 and night service. Council Member Wilkinson asked about the cost savings of going to 1/2 hour service versus current schedule. He also noted to Rakowski he would like to see the amount of the cuts next to the item cut in the information passed out to Town Council. Council Member Butler asked about quarterly reports. Council Member Wilkinson received an email from Greer Fox, a member of the Part Time Residents Advisory Board (PTRAB), stating her disappointment in the reduction of the budget for the board from $5,000 to $1,000. 12-15-08tc Page 3 of 10 Mel Blumenthal, a member of the PTRAB, spoke to the reduction of the PRTAB budget and explained how they spend their money and pleaded for a lesser reduction. Council Member Mordkin spoke to his concerns regarding the cut in the nightly bus service. Town Manager Russ Forrest explained the philosophy behind the cuts brought before them today. Transportation Manager David Peckler responded to Town Council questions on the logistics of the night service and to the gas price reduction. Council Member Mordkin also inquired about the Free Concert bus service. He explained this cut affects the extra buses not the regular bus service. Council Member Lewis asked if there is way to keep the quality of entertainment at a lower price. He inquired about the number of employees it takes to run the bar service, security and bag check. Hamley stated there is approximately a $38,000 profit after expenses. Council Member Wilkinson stated he would still like to see a number associated with each budget out for the 10 016, 15% and 20% contingency plans and he would also like to see the cuts by season. Council Member Butler is concerned about making decisions without fully understanding where we are, and she feels that not seeing a profit and loss statement for the Town would force her to make decisions in a vacuum. She would like to see a more structured financial report. Arnold Mordkin made the motion to approve the Continengency Budget Plan as proposed by staff. 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. Finance Director Marianne Rakowski will distribute to each Town Council member a detailed budget to review before this item returns on the January 20th, 2009 agenda. CONSENT AGENDA ITEM NO. 6 AND ITEM NO. 7' Item No. 6 RESOUTION NO. 37, SERIES OF 2008 -VACATION OF THE 2006 EXEMPTION PLAT OF WOODRUN PLACE CONDOMINIUMS Arnold Mordkin made the motion to approve Resolution 217, Series of 2008, Vacation of the 2006 exemption plat of Woodrun Place Condominiums. Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor to 0 12-15-08tc Page 4 of 10 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Item No. 7 RESOLUTION NO. 38, SERIES OF 2008- FTA AGREEMENT FOR 2009 John Wilkinson made the motion to approve Resolution No. 38, Series of 2008 FTA Agreement for 2009. Arnold Mordkin seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Town Council took a 5 minute break at this time. Item No. 8 RESOLUTION NO. 19, SERIES OF 2008 - TWO CREEKS Planner Bob Nevins noted the applicants The Bonnie L. Daniels Revocable Trust Lot 2) and the Eggemeyer Trust (Lot 3) are requesting approval to revise the shared, internal property boundary that exists between the two previously plotted lots. At the applicant's request, this matter was continued from a regular Town Council meeting on September 22, 2008 to December 15, 2008 so that additional information could be provided. The Planning Department received the supplemental text and proposed landscape plan on December 3, 2008. The application was initially presented to Town Council at a regular public meeting on June 16, 2008. After discussion, Council requested additional information and moved to table consideration of the application to July 21, 2008. Council then granted the Applicants requests for a continuance at the July 21 and September 22, 2008 meetings. Paul Taddune, representing the applicants, explained the proposed lot line adjustment involves an equal exchange of approximately 4,190 square feet. The need for this lot line adjustment involves an equal exchange of approximately 4,190 square feet between Lots 2 and 3. If approved, the property boundaries would be reconfigured while the restrictions and dimensional limitations for each lot (lot size, allowable floor area (FAR), height limit, building envelope location/area/shape, easements) and Management Zone "C" restrictions would remain unchanged. Additionally, the driveway easement contained within Lot 2 that provides access to Lot 1, 601 Two Creeks Drive, on the east would continue to exist as platted. Based on written, graphic and photographic information provided by the Applicants, research of the Town Building and Planning files and site investigations, staff 12-15-08tc Page 5 of 10 reaffirms its original findings that the proposal does not comply with Municipal Code Section 16A-5-530 Subdivision Exemption Standards. Markey Butler made the motion to approve with conditions 1, 2 and 4 through 12 Mayor Bill Boineau seconded the motion. The Motion failed by a vote of 2 in favor to 3 opposed. Voting Aye: Mayor Bill Boineau, and Markey Butler. Voting Naye: John Wilkinson, Reed Lewis, and Arnold Mordkin. Town Council took a 5 minute break at this time. Item No. 10 DISCUSSION OF BASE VILLAGE CONSTRUCTION PHASING Town Manager Russ Forrest has met with Related WestPac and would like to communicate the issues and concerns in the current economic status and the reason they would like to request some changes in their Construction Phasing for Base Village. The applicant would also like to discuss some economic challenges and implications for the requested changes. Pat Smith, President of Related WestPac, reviewed with Town Council a short presentation on 13B PUD Amendment and Building 8 Administrative Modification. Dwayne Romero from Related WestPac spoke to the current conditions of Related WestPac and the problems they are facing in regards to Building 8. There was a very strong loan commitment for Building 8, the rest of Phase 3 which included Buildings 4, 6, 7 and 8 and in a package for financing with Hypo Bank. The loan commitment went away and then Related WestPac was funding improvements for 13A through equity. They then decided to compress down to those elements of the phase that could carry their own weight economically and could still be marketable to secure financing. Council Member Mordkin asked for clarification of"through equity." Smith stated "out of Related's pocket' is what funding through equity stands for. Smith noted that Related has put millions and millions of its own dollars to get Buildings 7 and 8 where they are today. Dwayne Romero stated that is the life Line that has brought them before Town Council today. At this time Planning Director Chris Conrad explained to Town Council and the applicant the how unit equivalency got to where it is today. 12-15-08tc Page 6 of 10 Romero stated that Related WestPac is in survival mode and during this meeting they will be asking for approval of both Building 8 and Building 13B. He stated that in order to go move forward with Building 8 they need the amendments they are asking for to be approved tonight and then Building 13B approval. Item No. 9 FIRST READING OF ORDINANCE NO. 17, SERIES OF 2008-BUILDING 13B AND 8. BASE VILLAGE Clarification of Ordinance 4, of 2008 building 13A. The application provided tonight is on 13B and Ordinance 12 and deals with 13B alone and Building 8 attic space. Planning Director Chris Conrad stated this item follows a presentation by the applicant discussing the current financial state-of-affairs and course of action for Base Village construction. One pertinent matter that will be discussed concerns an Administrative Modification application submitted by the Applicant on December 2, 2008 for Building 8. The request is for approval to utilize 1,073 square fee of unused attic space on the fourth level of the building by incorporating said space into three 3) units thereby increasing their size and creating an increase in the Unit Equivalency for that building. The reconfiguration of the units would create a 2.20 Unit Equivalency increase for Building 8. He stated previous direction from Town Council is not to submit an ordinance or resolution concerning a land use application until Town Council discussion has occurred. It is requested that Council consider the options listed below: 1) grant first reading approval 2) table any action on the ordinance until redrafted to contain direction received during this meeting 3) modify the ordinance and grant first reading approval 4) deny the ordinance Conrad noted that the Public Hearing and second reading is scheduled for the January 5th, 2009 Town Council Meeting. Scott Stenman from Related Westpac provided a PowerPoint presentation that included discussion on Building 13B including the elevators, unit equivalency, variations to the Buildout Chart, changes to Building 8 which include the unused attic space being converted to increase closet and additional bathroom space. Council Member Wilkinson would like to have Building 7 built for the functionality of the arrival center for our guests. Council Member Mordkin stated he would not vote on Building 13B without Building 7 being built. He would like to see the building up, the landscaping, escalators and the arrival center completed. 12-15-08tc Page 7 of 10 Council Member Butler feels Building 13B and Building 8 are two different discussions. She would like to see something like an economic backstop or grant the land back to the town by offering naming rights for the arrival center. She would like to avoid seeing any part of Base Village shrink wrapped, it does not look good to our guests. Council Member Lewis voiced his continued concern with two elevators in Building 13B. Mayor Boineau repeated the concern for a functional arrival and departure center for Base Village and he would like to see a commitment from the applicant to complete this for the needs of community. Mel Blumenthal, as part time resident of Snowmass Village, stated that linkage of Building 13B to Building 8 is a big mistake. He would hope we not head down this road, he does not feel these should be linked together. Chad Oliver, Construction Manager CFC/PCL, would like to appeal to the spirit of cooperation. He is very proud of the Viceroy and is convinced there is no money to finish Building 7 or Building 8. He stated there is a work force of 500 to 800 people each day on site for the Viceroy. There are several contractors with workers in Snowmass Village and 50 percent live in Snowmass Village. Without approvals these people will not have jobs, and workers will be moving out of the Village and local businesses will be affected when this happens. He hopes to see the spirit of working together to prevail. Jeff Webb, from Ludwig Electric, has 50 employees here working on the Viceroy and stated they have relocated here for the long haul and they need the continuation of projects to keep this workforce here. Jason McLaughlin, Project Manager with RK Mechanical, arrived here about six months ago. He has 65 workers here that started on the Viceroy Building 13A, he would like to continue work on other projects within Base Village and he urged Town Council to consider approval to keep the high quality workers that are here,.in the Village to finish Base Village. Dwayne Romero from Related WestPac stated that Building 7 would be a huge delay. He stated there would be a very clear and material impact on the future sales. The Town Council took a 10 minute break at this time. John Wilkinson made the motion to approve Ordinance No. 17, Series of 2008 pertaining to Building 13B Arnold Mordkin seconded the motion. The Motion was approved by a vote of 4 in favor to 1 opposed. Council Member Reed Lewis was opposed. 12-15-08tc Page 8 of 10 Voting Aye: Mayor Bill Boineau, John Wilkinson, Arnold Mordkin, and Markey Butler Voting Naye: Reed Lewis Council Member Lewis again stated a huge concern for only having two elevators. John Wilkinson made the motion to amend by making the changes listed below within Ordinance No. 17, Series of 2008. Arnold Mordkin seconded the motion. The motion to amend was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Arnold Mordkin, Markey Butler and Reed Lewis The amendments include any reference to Building 8 throughout the ordinance will be removed. Lines 124 through 133 will be removed. Line 152 will be number"4". Line 164 Town Council consensus was to approve 2 elevators. Line 185 through 206 will be removed. Line 212 will be removed. The portion of line 232 starting with Said" through 235 will be removed. Dwayne Romero with Related WestPac stated that the Snowmass Center will be" back on the agenda for January 20th for a continuance of the Public Hearing, Jim D'Agustino stated the scaffold bridge is up and the arrival center in Building 2C is ready to go. The grand opening of Base Village will be on December 22, 2008 from 4:00,pm to 6:00 p.m. Item No. 11 DISCUSSION OF DISSOLUTION OF SNOWMASS VILLAGE RESORT ASSOCIATION (SVRA) Eben Clark, Attorney for Snowmass Village Resort Association, stated the purpose and action requested of the Town Council by the Board of Directors of the SVRA is for the Town of Snowmass Village to consent to a Repeal, Termination and Release of the General Declarations for West Village. Mel Blumenthal, a part time resident of Snowmass Village, stated there is notice so that next year the general declarations will go away and we will vote on the Declarant Rights Declarations at a future vote at a future meeting. Reed Lewis made the motion to approve a direction to staff to authorize the Town of Snowmass Village to execute the document to consent the repeal, termination and release of the general declarations for West Village. 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. 12-15-08tc Page 9 of 10 Item No. 12 MANAGER'S REPORT Town Manager Russ Forrest noted there are two follow up items that were discussed last Monday 1) Rodeo Place Housing: Michael O'Connor and Bob Kaufman have indicated that then; is $170,000 left in contingency, 2) Rodeo Place Phase II: Town Council needs to determine if Phase II should proceed as planned or if we should book a one day charrette with Colbum Associates and ROI to determine whether additional density is appropriate on this site. Forrest noted that with the Housing Manager out for the next 4 to 5 months there are speck responsibilities that he was to handle that he would like to pass on to ROI and would like the support of Town Council to spend some of the continengency money to cover these additional responsibilities. Town Council is in favor of this request. Town Manager Russ Forrest explained that the future agenda will continue to be included in the Town Council packet for Council review. The new packet information due date to facilitate copying and distributing the packet on Thursdays prior to the Monday Town Council Meeting. Item No. 13 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS The Town Council sent Holiday wishes to the public and the staff. Item No. 14 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 At 8:53 p.m. Arnold Mordkin made the motion to enter closed session 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. Voting Naye: None. 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 12-15-08tc Page 10 of 10 Conferences with an attorney for the purposes of receiving legal advice on speck legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); At 9:24 p.m. Arnold Mordkin made the motion to approve to reconvene to the Regular Meeting of December 15, 2008 Reed Lewis 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. Item No. 15 ADJOURNMENT At 9:25 p.m. Mayor Bill Boineau made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on December 15, 2008. Reed Lewis 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. Submitted By, Rhonda B. Coxon, Town Clerk 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 7w - 15 16 17 18 19 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 FESun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 Town Council Meeting 4:00 p.m. 8 9 10 11 12 13 14 Daylight Savings Time Begins IIr` R 15 16 17 18 19 20 21 Town St. Patrick's Spring Council Day begins Meeting 4:00 p.m.M2 22 23 24 25 26 27 28 29 30 31 11 • VCIN39V 9NIiIDN IONnOONMOi 6002 zAbvn :1e3 .d 3Hi2i0J L ' ONW3112J0J iN3NHOViiV rRELATED BASE SUBDIVISION EXEMPTION APPLICATION LOT 3 Submitted December i 2008 December 2008 Application for a Subdivision Exemption for Lot 3 of Base Village RECEIVED rRELATED II ' 0 WESTRAC Community Development BASE VILLAGE SUBDIVISION EXEMPTION APPLICATION LOT 3 Submitted J$'9!t!i S 1i' A Jj-rR /0 .1 " gam '", 1..e 1., P4 • r • December i 2008 December 11 RELATED 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 RELATED WESTPAC Snowmass Base Village Subdivision Exemption Application December 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. In accordance with Division 5 of the Land Use Code, Base Village Owner, LLC, the Applicant" is submitting the enclosed subdivision exemption application for Lot 3 to the Base Village PUD. The Applicant is requesting a temporary lot line adjustment for financing purposes. The proposed lot split will separate Lot 3 into two lots, Lot 3A and Lot 3B to allow financing to be obtained for Building 8 without encumbering Buildings 6 and 7. 1.2 Section 16A-5-520 and Section 16A-5-40(b): Minimum Contents 1.2.1 Name, Address,Telephone Number Related WestPac, LLC in Care of Base Village Owner, LLC 132 West Main Street Aspen, CO 81611 970) 922-0556 1.2.2 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. LOTS. The plat is located in Appendix A. 1.2.3 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. 00218554.DOC/1)December 2008 1 Subdivision Exemption Application for Lot 3 in Base Village r RELATED WESTPAC Snowmass Base Village Subdivision Exemption Application December 2008 1.2.4 Written Description In accordance with Section 16A-5-500(3) of the Land Use Code, the Applicant is requesting a temporary lot split to facilitate the construction financing for Building 8 on Lot 3 in the Base Village PUD. The Applicant proposed to create Lot 3A and Lot 3B as shown on the proposed subdivision exemption plat enclosed in Section 2, as "A Replat of Lot-3 Base Village P.U.D." Lot 3 totals 2.48 acres and currently contains the sites for Buildings 6, 7 and 8. The lot split will create two lots. Lot 3A will be 1.30 acres and will encompass Building 8. Lot 3B will be 1.18 acres and will encompass Buildings 6 and 7. The purpose of the subdivision exemption and creation of Lot 3A and Lot 3B would be to subdivide Lot 3 to enable the Applicant to obtain financing for Lot 3A and Building 8 only without having Lot 3B, Building 6 or Building 7 involved in the financing), and to allow subsequent vacation of the subdivision exemption plat once the construction has been completed on Building 8, and sufficient sales of condominium units in Building 8 have been closed (based upon temporary certificates of occupancy),to satisfy the construction financing debt. This Application seeks a subdivision exemption approval similar to the approval granted in Town of Snowmass Village Resolution No. 06-40 for Wood Run Place, where the exemption plat was vacated after completion of the construction of the phase that was added to Wood Run Place. 1.2.5 Vicinity Map b t 1. 00218554.DOC/1)December 2008 2 Subdivision Exemption Application for Lot 3 in Base Village RELATED WESTPAC Snowmass Base Village Subdivision Exemption Application December 2008 1.2.6 Other Maps The subdivision exemption plat is located in Section 2 of this application. A plan showing the location of the buildings in relation to the proposed lot line is included at the end of this section. 1.2.7 Application Form The application form and fee agreement is included and provided in Appendix B. 1.3 Compliance with Section 16A-5-530 Review Standards for a Subdivision Exemption 1.3.1 Exemption is Necessary. "The exemption shall be necessary for the preservation and enjoyment of substantial property rights of the applicant." To fund construction costs, the Applicant needs to grant one or more deeds of trust against proposed Lot 3A to its construction lender or lenders. Ownership of proposed Lot 3A may be titled by the Applicant in a single member special purpose entity owned 100° by the Applicant (the "Applicant's SPE") if required for construction financing purposes. The ownership of Lot 3A, whether by the Applicant's SPE or as a result,of a foreclosure (in the case of the construction lender(s) and successors) must be consistent with the Town's approval resolutions and representations of Applicant made in this application process. Applicant proposes that the Town's approval of the subdivision exemption be conditioned on the vacation of the subdivision exemption plat within the earlier of:,(i) 3years after the issuance of final Certificate of Occupancy for Building 8; or ii)the complete repayment of the construction financing, and that the deadline may be extended based on market conditions if it is not reasonably practicable for the Applicant to sell sufficient condominium units to repay the construction financing within the3 year deadline. Applicant seeks to preserve its right to use Lot 3A to secure the repayment of the construction financing. Without the grant of the exemption, it will be difficult, if not impossible, for the Applicant to develop Building 8, as the Applicant needs to be able to secure the financing with Lot 3A and the improvements comprising Building 8 only, and therefore the subdivision exemption is necessary for the Applicant to preserve and enjoy its property rights to develop Building 8. 1.3.1 Consistent with Subdivision. 'The exemption shall be consistent with the preservation of the goals, objectives and standards of the particular subdivision or land area involved." 00218554.DOC/1}December 2008 3 Subdivision Exemption Application for Lot 3 in Base Village RELATED WESTPAC Snowmass Base Village Subdivision Exemption Application December 2008 The requested subdivision exemption will permit the preservation of the goals, objectives and standards of Base Village as it allows the Applicant to obtain the necessary financing for the construction of Building 8 without encumbering Buildings 6 and 7. 1.3.3 No New Lots Created. "Granting of the exemption shall not create any new lots in any single-family subdivision. " . Lot 3 is zoned Mixed Use which is consistent with the Base Village subdivision, therefore no new lots will be created in any single-family subdivisions. 1.3.4 Comply with Development Code. '?he exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of this Development Code. With respect to an application for a lot line adjustment, if any of the lots or structures thereon are non-conforming prior to the adjustment, then no adjustment shall be allowed that increases the nonconformity of the lot or structure." The subdivision exemption complies with the Development Code with the exception of the requested temporary variance in the maximum allowable floor area for Lot 3A. The subdivision exemption's compliance with the MU-2 zone district and each applicable standard of the Code is addressed in detail in the following subsections. 1.3.5 No Adverse Impacts. "Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property is situated." The proposed lot split will not be detrimental to the public welfare nor will it affect the land abutting upon or within Lot 3 or Base Village. The adjustment is for financing purposes only and does not change what is already approved on Lot 3. 1.3.6 Not increase total allowable floor area. "Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption, and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area." Once the temporary lot split is vacated, Lot 3A and Lot 3B do not require an increase in the maximum allowable floor area beyond what is approved for Lot 3. The proposed exemption will require a temporary increase in the maximum allowable floor area for 00218554.DOC/1}December 2008 4 Subdivision Exemption Application for Lot 3 in Base Village RELATED WESTPAC Snowmass Base Village Subdivision Exemption Application December 2008 Lot 3A if calculated independently of Lot 3B. This calculation is detailed in the following subsection. 1.3.7 Special circumstances. "In the instance where the Town Council is unable to find that the application is consistent with any of the above standards, the exemption may only be granted if the Town Council finds that there are special circumstances or conditions affection the subject property such that the strict application of these standards would result in undue hardship and deprive the application of the reasonable use of the land." Several special circumstances relate to the requested subdivision exemption. 1. The subdivision exemption request is only temporary. 2. Unlike most requested subdivision exemptions this request is for financing purposes and will not impact the design, layout or location of the approved buildings. 3. Granting this request will benefit many stakeholders including the community at large, prospective buyers and the developer. Town Council's approval could impact the construction schedule of Building 8 and subsequent buildings which result in wide reaching benefits. 1.4 Compliance with Section 16A-3-200 Zone District Dimensional Limitations 1.4.1 Minimum Lot Area. In the MU-2 Zone District, individual lots must be at least 3,000 square feet in area. In addition the minimum lot area per dwelling unit is 1,500 sq ft per bedroom, plus 500 sq ft for each additional bedroom. Lot 3 did not require a variance from the minimum lot area in the original PUD. If the lot split is approved, no variance is needed for Lot 3A or Lot 36 as both meet the minimum lot area requirements. LOT 3A-Minimum Lot Area Calculation Unit Mix Number of Units Additional Bedrooms Studio 2 units 0 bedrooms One Bedroom 10 units 0 bedrooms Two Bedroom 10 units 10 bedrooms Three Bedroom 5 units 10 bedrooms Four Bedroom 2 units 6 bedrooms Total 29 units 26 bedrooms sq Code Calculation 1,500 ftlunit 500 scl ftlbedroom Minimum Lot Area 1 43,500 scl ft 13,000 sq ft Total Minimum Lot Area 56,500 sq ft Actual Lot Area 1.3 acres 56,628 sq ft Building 8 f00218554.DOC/1}December 2008 5 Subdivision Exemption Application for Lot 3 in Base Village RELATED WESTPAC Snowmass Base Village Subdivision Exemption Application December 2008 LOT 3B -Minimum Lot Area Calculation Unit Mix Number of Units Additional Bedrooms Studio 0 units 0 bedrooms One Bedroom 2 units 0 bedrooms Two Bedroom 7 units 7 bedrooms Three Bedroom 9 units 18 bedrooms Four Bedroom 1 units 3 bedrooms Total 19 units 28 bedrooms sq Code Calculation 1,500 ft/unit 1 500 sci ft/bedroom Minimum Lot Area 28,500 sq ft 14,000 sq ft Total Minimum Lot Area 42,500 sq ft Actual Lot Area 1.18 acres 51,401 scl ft Buildings 6 and 7 1.4.2 Minimum Lot Width As approved in the original PUD,the minimum Lot Width for Lot 3 will not change. 1.4.3 Minimum Building Setback' As approved in the original PUD, the minimum building setback for Lot 3 is zero feet from the lot line. Therefore the minimum building setback for Lot 3A and 3B is zero feet as set by the PUD Guide, no variations are requested. 1.4.4 Maximum Height of Accessory Building The subdivision exemption application proposed will not impact the approved maximum height of accessory buildings. 1.4.5 Minimum Percent Open Space The subdivision exemption application will meet the 25 percent open space requirement for the MU-2 zone district as provided in the Land Use Code. 1.4.6 Maximum Floor Area or FAR The maximum permitted floor area ratio ("FAR") in the MU-2 Zone District is 1:1. A variation to the maximum permitted FAR for Lot 3 was approved in the original Base Village PUD. At that time, the Town Council found that the FAR variation met the requirements of Section 16A-5-310(c)(5) and approved 1.29:1 as the maximum FAR. In addition, the Town Council permitted administrative approval 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%." 00218554.DOC/1)December 2008 6 Subdivision Exemption Application for Lot 3 in Base Village RELATED WESTPAC Snowmass Base Village Subdivision Exemption Application December 2008 1.4.6.1 Maximum FAR for Lot 3A and Lot 3B The proposed application will require a temporary variance from the maximum FAR for only Lot 3A. The calculations for each lot are provided below. The Land Use Code permits certain dimensional limitations to the maximum floor area ratio of lots within a PUD provided the Town Council finds that the PUD achieves one or more of the applicable community purposes and that the resulting development will be consistent with the provisions of Subsection (c)(7), Standards for Granting of Variations, and Section 16A-5-310, Review Standards. Maximum FAR Calculation: Lot 3A—1.16 Acres or 50,529.6 sq ft x 1.29 (Maximum FAR per PUD) =65,183.18 sq ft 2%Administrative Variance=65,183.18 sq ft x 1.02=66,486.85 sq ft Floor Area for Building 8 Proposed in the 13B Minor Amendment=95,839 sq ft 95,839 sq ft > 66,486.85 sq ft; therefore a temporary variance is required for Lot 3A. Lot 3B—57,499.20 sq ft x 1.29 (Maximum FAR per PUD) =74,173.97 sq ft 2%Administrative Variance=74,173.97 sq ft x 1.02=75,657.45 sq ft Floor Area for Buildings 6 and 7 =46,821 sq ft 46,821 sq ft < 74,173.97 sq ft;therefore no variance is required for Lot 3B. a) Community Purposes. A parcel's dimensional limitations may be varied to encourage sustainable development within the Town that diversifies the mix of lodging, retail and dining. The FAR variation requested for Lot 3A is necessary to permit the construction of new high occupancy turnover beds in Building 8 which will in turn enhance the sustainability of Base Village by diversifying the lodging mix. b) Variation Necessary to Achieve Community Purposes. The variation is necessary to achieve the community purpose as the lot line adjustment is necessary to obtain the construction financing for Building 8. c) Compliance with Section 16A-5-310, Review Standards. As demonstrated in this application, with the exception of this request, this application complies with all applicable provisions of Section 16A-5-310 of the Code. 00218554.DOC/1)December 2008 7 Subdivision Exemption Application for Lot 3 in Base Village BUILDING TIES FOR LOT 3 BASE VILLAGE P. U. D. LOT 3, BASE VILLAGE P. U. D., LOCATED IN THE SOUTHWEST ONE- QUARTER OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6TH P. M., TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO CARRIAGE WAY ROW VARIES7 . 2' WOOD RD OW VARIES 6 . 9' L01 J w• Is o w' w• 7. 6' 47. 1' 20. 7' 9.2' 33. 6' 10. 9' 23. 5' 37. 0' 3 . ' LOT 5 U6" GTi S FORlOf34!® IV90W SNnWM S56lg MJACd PLAIu, rvt_- Nv I ime swwan TETRA TECH 77 PA aYaw ti( Oa LiEEi I Of t VISIONS RELATED WESTPAC SECTION 2 PROPOSED PLAT December 2008 Subdivision Exemption Application for Base Village Lot 3 9 V p a e a Ad9 $v RAC dd $ d dsdeq daa' Rdd dA F gg d a Q _ Aa i9gpq' 9 9y'9p'i 9y'ea 9p'a aeeeaa a e100eqpEp9g9qqq4rRRxpaFpRNQOC. gRa xgpq q 1' yq 6p 4 Bf6epp 8 e yRy e YB 8gpe Saespp [ag 6 5 a 6 gaggq a Pq iB•e aBeaYB as 3 fltly °9 e a P e;1 e7a M iJ a ° r° 1 C, a 3 ax p p e9 AA q Yl ; A Ip FF x • § ? x 5 • a°i i 9 F9i a A x•agxSSq a q 4 g d I P 7 19 Pup,e ` aSx q x M d a till hiix m r rDnm c CJ O o dxa x dxa x z z 0If x d e a gC Ae5p9e( x I 3 mow ga 9• I ge a I _ e 8 e a I eq Ca c as tl as 9 as M a ° i 9ia'(i agaefea• 9 NCQp3as a R a R: m l a n o Wo r-0 N ab Ij! M4 80 N0 a s g e I qg in m e q t J O r q x e j s A REPLAT OF LOT 3 BASE VILLAGE P. U. D A REPLAT OF LOT 3, BASE VILLAGE P. U. D., LOCATED IN THE SOUTHWEST ONE- QUARTER OF SECCION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6TH P. M., TOWN OF SNOW MASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO L- um' CARiMGE WAY o 42'2' ROW WFES Oorenaw• ti apy., TefE a. aer Ir= 74' Alf D- eTL7Wf G oo- a MrE a. lma' WOOD RD ROW VMIES f Ica \ \ LOT JA LOT 3 IM Ac r/ i I 11143131F R as rmmno,. i r r r s/ / ssrTy{ r0T 6 LEGEND COB. Ott aa` 09 eurm aerz I lDT S W arasAav rua I tee ranemeemar I LOT 2 LOT 4 1O rmtQ® O I et tin stmsrtmreatao Wer[ ar. r` / / fY DfIR a\ sa baLllla mai Ylf aammrmraemwronpra actwtrmew j Wm YI/} Ial aV a11R/ i. ld11a a1[ PY f rAa m¢ wnaatAsrev C LOT 1 Q avmnaat ac i uamn e+ nwn f 9wrEC \ Ay WOOD S ROW VMS s: aana a1P R u rrem tmrn tin< m w x® rAS o evsat. omv e amnar cim x r ormm Brat n s r® a mvm ra w am® c. iaa. rn win w. r mm rte aaa atw er¢ mrra mrm® aaa eux anrm ara rcvmwwmma war rem® vvowrox era c tataaw aw rom l. Qf 3AI® NWN FlaOf1ON PUi SNpbMASS BAE VulAGE P. UA ME TETRA TECH rrI wrw. r., a rare e wur6 twl w- on SHEET 20F i SIOIJS 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 2008 Application for a Minor Amendment to the Base Village PUD RELATEDrWESTPAC 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 Pat Smith Owner Related WestPac, LLC 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620 (t) (970) 920-3384 (0 f.V } n, v1 p14v6 35 rfi—b allLIN 8] t e pit', i i i i I h t .I i i' 3 all j O 3° et I I p Y , 9y' t fE Y e b CL to 3 to CL CL IL0 @9 ' •@ !@IC°p f g Hl' r I' e9Pie If if 09 If I L6 ,!! y t E@ gYYli I @li" t'g yikt 5 q,6@ 1 ttg 31 ! •.f .1 , 1 ' ! A tI • • . $No hill Y.tlYIllYike lai.! : F.S U E ! ,e + 7 . .t ! E DIIFp s n ILCOG m aipyim Q < 'i 1 ' @tt @til 0 a e a9ag A9v@e • I!! ;ey @ ll F@ r-i ;@ !. C Ic , R. E 1nmpUto ' t3f i @-!9t-1i116Eo:i O F If !Ii i @ C i Ai4 ! U R tI 6T Y} i s pa tlee X 3 A 1 ° a E°l l A ° L@e90n' I YG @ a13p eE RIiTFSIse @ 81 T1 ilaiiie r8'q n01YY'Fqeae (n ejlli`;YCy9 ! i"'3Y 1 R 1. G i. Y 6 eeellI @°i 4°{I iG3 1j.TlY 3@13°pii°Y c BASE VILLAGE P. U. D. P FMAL PLAT A REPLAT OF A PORTION OF THE BASE VILLAGE S118DIVISM uw ACCOAD040 TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 19 AT PAGE 27, BEWO A PART OF OOVERNkM4T TRACT 45 AND A PART OF SECTION 1, TOWNSW K) SOUTH, RANGE 88 WEST OF THE 8TH PAL TOWN OF SNOWNASS VILLAGE, COkWTY OF PITKRN, STATE OF COLORADO. rsaT• r gt fir^ a . y,. wiiT° m" w•[. ate t X• r] TV/ c PEtgolDl ,.. iWm' oer". sO' r®„ N[*'° zr l c wTT¢ Y.' T.. . unnia ky PARCELE 2. M ACRES uw • r PARCEL P CARAIMM X 9.K • wxytov 7. 675 ACRES oXrmm[ s• WOOD A Now 33% ACRES M•- fin XNLT• T • [ igl ACRES TAT Y tL w1. me.••• nf.•• rX• O ) nom' Sy, A I ACRES rj' o sl1 IAM ACRES Pwor r r7. s y AfY A[! ar•/ a gg• IOR 5A06 ACRES lA[ 2 tl• b' U WACRES Lar6 Ey=- L0r 4 IJax ACRES y_..- Xt"°% W, 0. 692 ACRES k ¢ a u till .. LOt 7 X arnRT. o M1r 2. 215 ACRES r VOWROADROW VASS X T1W• fnT• itiAT rr XWT'. L' n[ a. nl P P• • OT 51oFt vVtT• i 1Ai1 C. IM. AiIm m U< " a\' E.. Olfll Oo-.]. DI' P M4t n .® CP LLC F O TETRA TECH•. D. N P d •?• un. ur 1 e n hIC • 1:. mwa' E/ OL4 WwQ U.0. BASE VILLAGE P. U. D. P FINAL PLAT A RFPLAT OF A PORTION OF THE BASE VILLAGE SUBDIVISION wY ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 AT PAGE 27, 0 BEING A PART OF GOVERMIENT TRACT 45 AKD A PART OF SECTION L TOWNSHIP 10 SOUTH• RANGE 88 WEST OF THE 8TH P.Y. TOWN OF SNOWWASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADOI..- rer. 8ly am s 4pADROw orm xirt oo- nafs m ` x•' c 41s1 R PAA[ PLB am ZD" A6ta 1- k xoaee t o. omR. r wpm SI1EE 75 wro p y "® - LOCI_____- e[•. ° 5 406 ACRES w swur- c_ a. m J Y LOT w° ru u mR' 61-- C A iI - x- iIl mu. w[• uw Im av I.a+,.,... K•« - wK.. core I . 4a W. RRr[] rl Itl eY., o- Yl aC, N Y fiYr i••• W P Llw• 1([. Llr. Ru[ LM. 1Y KW rRK Av Y,{.. NY]µ R Nf° SOO SI1OOt E P" agp['[ S[•[ rf. M1 SX I•p wC. ef] C Ct. YID[ we. OP eW... R. a r See SDeet 6 a nrsM fr[[ Mr•. YV e OrVa..[. 4M, r,. U4 • AI. 2a,-. OK r. 4m awz m[. mID4nii¢. aro- TETRA TECH C INK i i— 1• 4a r1AQ V. YQ i avr .iaaaYU a d Sa R. a d 4 G I r'L. _ _ .r. _ _ _ r cia a O r P I l y IL g g L`1'J}L Ise.—j ' ' (' ^\ pe4E 0 i Ng1!$eo34igA9 "A Omo 6 0 Aqy VtVi' ,. 4 CVi@ 2 s 53 i` 1 tql Q A, all lei 1. n ryd t ww a t w u. D. l3 P3 BASE VILLAGE P. OP THE BASE Vd1AGE M= V=" A REPN, AT OF A pQRTWN a PLAT BOOK 15 AT PAGE 27, THE 6TH P. LL ACCOADIAG TO THE PLAT THEREOF AS RECORDED 10 SpuTH, RANGE Se VEST OF BEING A PART OF OOVEMOJENT TRACT 4S AND A PART OF SECTION PRxOTOWNSHIP OF COLORADO. TOWN OF SHOWMASS VIIAOE. COW" L see 5h.. t4 J Lors i 1342A0 Of62A 1 / Y9 X' iw II ( I • aml4lNN` 2, 213 ACRE? y _#_____________ Stu I\\ I V D,i p WOOD ROAD ROW Y, n°s'Iia` r` - tY=--- ___--"'.___ ---- mR IR I wr nl Kmua° r 1'» e wIY. M1I p0• IM% 1/ n 1 lu n. av'} 1J RnAm i. I M.y, a fA LLC 2,u. A 1I YaW 2OM1II1g1! aM n+ idw. x..v m'°Y'>,• x R:i,. RRn-. iaa:- iw m. n.. www.• nm I n eww svvwa,. Y. Asa Y®°. W.o% EEL r r LwA n aR D' TIIA TEQiR11C. n'°o, mµ:•° u v• aR nipw wrrnu. yly Iu, Vi v.u.D. RUC. R r-` r. eR.. YV C vu, M rw wiu- wwwum 1 a, raw. iMAL Mt 91C[ TlDI6 4scvv M 2,r. rs YI SHEE , af° i ai`°n m m`.' 2,ai°" N Mv.. om rr. vr+'.•.-'.'... a.-•- i: yoi WV w.Ri i rr eF,• um BASE VILLAGE P. ACC A REPLAT OF A L PLAT U. D. SEaI A PART OF pOVER? o AC FLAT TME• R Ilu OF TW BASE LAOE 1 7 LJ TOWN OF SNOWWA SS A FART VILLAGE COMITY O PAGE ZT, i I 10 neYeeve m TT OF PfTICW, STATE OF COLORADO. SB WEST OF THE 0TH P.AL See 3Lai 9 y 1' z., ' imp;.;::. ws. Yy .' Vim. y/ ____ L_ Loo®.. flow n, e 444 Iye 9. Y11 t'• M m+ ama a 4 I- Ixm SME...._.... e-el m fxw SHEET e'I Yrne Y w `• G LL__ vYit1{ r.0 i•'Yi. ri. Y' vuo o low 9R. 4'ki A114 4¢ WOK• I1. t YfT11 K e rrlt r"- ra,,ya rra; av y v i . ra+.,qi yJ+. w. i i'A nt a ai'B`.x A7e'il`i W's•6°r+atT1A'8w$lYi 'miQ?j 7s.1-;_1yt-g Ty t 1 Fonn No 0/17192)/ 0292 4y ALTA Oxnn3 Polity 110OD64P109200 u POLICY OF TITLE INSURANCE t t" sm BY to fi FirstAmerican Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND g THE CONDITIONS AND STIPULATIONS,FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation,herein ailed M` the Company,insures,as of Date of Policy shown In Schedule A against loss or damage,not exceeding the Amount of InsuranceistatedinScheduleA,sustained or incurred by the insured by reason of: RT d P• 1 Title to the estate or interest described in Schedule A being vested other than as stated therein; lye 2 Any defect in or lion or encumbrance on the title; ti93 Unmarketability of the title; i y 4 Lack of a right of access to and from the land Fi The Company will also pay the costs,attorneys'leas and expenses incurred in defense of the title,as Insured,but only to the r es extent provided in the Conditions and Stipulations gg f first American Title Insurance Company w:BY PRESIDENT 4 ATTEST Mt-t4 SECRETARY J-2329613 J EXCLUSIONS FROM COVERAGE land' does not include any property beyond the lines of[he area described or The following matters are expressly excluded Iran the coverage of this policy and referred to in Schedule (A), nor any right, title, Interest, estate or easement in the Company will not pay foss or damage, costs, attorneys' lees or expenses abutting streets, roads, avenues,alleys, lanes, ways or watemys, but nothing llch arise by reason ol: herein shall modify or limit the extent to which a right of access to and from the 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) 'mortgage': mortgage, deed of trust, [rust deed, or other security restricting,regulating,prohibiting or relating to(1)the occupancy,use, instrument or enjoyment of the land; (ii)the character,dimensions or location of I) 'public records': records established under slate statutes at Dale of any improvement now or hereafter erected on the land;(iii)a separation Policy for the purpose of Imparting constructive notice of mailers relating to real in ownership or a change in the dimensions or area of clue land or any property to purchasers Ior value and without knowledge With respect to Section parcel of which the land is or was a part, or (iv) emilonmental 1(a)(iv) of the Exclusions From Coverage, 'public records' shall also Include protection, or the effect of any violation of these laws, ordinances or environmental protection liens filed in the records of the clerk of the United Slates governmental regulations, except to (he extent [hat a notice of the district court for N district in which the land is located enforcement (hereof or a notice of a defect, lien or encumbrance g) 'unmarketabilily,of the tale':an alleged or apparent mailer affecting[he resulting from a violation or alleged violation affecting the land has title to the land,not excluded or excepted Irom Coverage,which would entitle a been recorded in the public records at Date of Policy purchaser of the estate or interest 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 or of marketable title encumbrance resulting from a violation or alleged violation affecting Ilia land has been recorded in the public records at Date 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, bul not excluding from lava of an Insured only so long as Use insured retains an estate or interest in the coverage any faking which has occurred prior to Date 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 without knowledge a purchaser Irom[he insured,or only so long as the Insured shall have liability by 3 Defects,liens,encumbrances,adverse claims or other matters: reason of covenants of warranty made by the Insured In any 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(f)an estate or interest in the land,or of Policy, but known to The insured claimant and not disclosed in (if)an indebtedness secured by a purchase money mortgage given to the Insured willing to the Company by the Insured claimant prior to the date the insured claimant became an Insured under this policy; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. c) resulting in no loss or damage to the insured claimant; The insured shall notify the Company promptly In writing()in case of any d) attaching or created subsequent to Dale of Policy;or litigation as set forth in Section 4(a)below,(11)in case knowledge shall come to e) resulting In loss or damage which would not have been sustained II the an Insured hereunder of any claim of title or interest which is adverse to[he title Insured claimant had paid value for the estate or interest insured by[his to the estate or inleresl,as Insured,and which might cause loss or damage for policy which the Company may be liable by virtue 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 beestateorinterestinsuredbythispolicy,by reason of the operation of federal given to the Company, then as to the Insured all liability of the Company shall banknuptcy,stale 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 [his policy [he 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 Ilse extent of the prejudice 11) the transaction creating the estate or Interest insured by [his policy 4. DEFENSE AND PROSECUTION OF ACTIONS;DUTY OF INSUREDbeingdeemedapreferentialtransferexceptwherethepreferentialCLAIMANTTOCOOPERATE.transfer results from the failure: a) to limely record the instrument of transfer,or a) Upon written request by the Insured and subject to the options b) of such recordation to impart notice too purchaser for vahne or a contained in Section 6 of these Conditions and Stipulations,the Company,at its judgment or Ilan creditor own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim adverse to the Idle or CONDITIONS AND STIPULATIONS interest as Insured,but only as to[hose stated causes of action alleging a defect, lien or encumbrance or other miter 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 to object for reasonable Cause)to represartl the Insured as to hose slated a) 'insured':[he 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 the interest of the named Insured by operation of law as distinguished insured in the defense of those causes of action which allege milers not insured from purchase Including, but not limited to, heirs, distrfbulees, devisees, against by[his 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 proceeding or to do any other act which in its opinion may b) 'insured clalmnl':an insured claiming loss of damage he necessary or desirable to establish The title To the estate or interest,as insured, c) 'knowledge'dr'known':actual knowledge,not constructive knowledge or to prevent or reduce foss or damage to the insured The Company may fake any Aftnolice 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 II shall be liable Wined 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 this paragraph,it shall do so d) 'land': the land described or referred to in Schedule (A), and diligently TheImprovementsaffixedtheretowhichbylawconstituterealproperty term c) Whenever the Company shall have brought an action or interposed a mkv Pam.2 OWNER ' S POLICY OF TITLE INSURANCE Issued by ATITLE COMPANY OF THE ROCKIES, INC. m agent for FIRST AMEmCAN TIILE INSURANCE COMPANY SCHEDULE A Order No.: 0701996.0 Policy Number.72329613 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 policy 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 politics 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 Parcel 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 liabilty company,Lessor,and Base Village Owner LLC,a Delaware limited liability company,Lessee,by that certain Ground Lease disclosed by Memorandum orGround 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 Firkin,State of Colorado,and described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE"C"ATTACHED HERETO Counters'grlZd: L Authorized Officer of A t O swtr s Policy•Schedule C Order No. 0701996.0 Legal Description Pollcr No.. 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 I 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(lint 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-at-Aspen Area,Pilkln 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,Pitkin 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 Facilities" described therein,as assigned by the Assignment of Deciarant'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 Greek Land Company,LLC Aspen Skiing Company, LLC and IntrowestlBrush 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 behveen IntrowesUBrusli Creek Development Company, LLC and Base Village Owner,LLC dated Febrruary 28,2007,recorded March 2,2007,at Reception No.534996 In the Records. i Page 201`10 GrnerS Policy-Schedule C Order Na 0701 Y96-0 Lreal Deurtwion Polkv No.: J2329613 PARCEL D: Lot 18, FINAL PLAT SINCLAUt MEADOWS,according to the Plat thereof filed December 6,2005,in Plat Book 76 at Page 59. Page 3 of 10 Ownei h Policy-Schedule 0 Older No 0701996-0 Policy No.. J3329613 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'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. S. Intentionally Omitted 6 Taxes for the year 2007,a lien not yet due and payable. 7. Right of the Proprietor ofa Vein or Lade to extract and remove his ore therefrom,should the same be found to penetrate or intersect the premises hereby granted,as reserved in United States Patent recorded January 30, 1917,in Book 55 at Page 545.(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 )anuary 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,Pitkin 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-ai-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 Declarant's 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 Arens,Pitkin County Colorado recorded December 30, 1966,in Book 225 at Page 06 and as to rights under General Declaration for West Village Snowmass-m-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 Match 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 Dimes}Policy•Schedule B(continued) Ode,No. 0701996.0 Policy Na: J2329613 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 of Pitkin,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 12, 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 Orma t Policy-Schedule B(conrfnued) Older No. 0701996.0 Polley Na. J2329613 25 Public Lands Dedication Agreement by and 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 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 Lots 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 l) 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 Rercptitm No. 520481,as shown on the"Survey". (Affects All lots) 31. Easements,rights of way and all other matters as shown on the Plat of Base Village P.UD.,filed February 2,Z006 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 Intrawest/Brush 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 I,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 of Fire Lane and Access Easement recorded February 2,2006,at Reception No. 520489, as shown on the"Survey".(Affects lots I,2,3 and 5) 38. Easement Agreement recorded February 2,2006,at Reception No.520490,as shown on the Survey".(Affects 1 ots I 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 Owned Policy•ScheAde 8(cauinued) Order No. 0701996.0 Policy No.: 2329613 42. Base Village Restricted Housing Agreement recorded February 2,2006,at Reception No.520494,as assigned by IntrawestiBrush Creek Development Company,LLC recorded March 2,2007,at Reception No.534997.(Affects All Lots) 43. The burdens of the Base Village Development Agreement recorded February 2,2006,at Reception No.520495,as assigned by IntrawestBrush Creek Development Company,L.LC recorded March 2, 2007,at Reception No. 534997. (Affects All Lots) 44. Base Village Funding Agreement recorded February 2,2006,at Reception No. 520496,as assigned by IntrowestBrush 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 Intrawest/Brush Creek Development Company,LLC recorded Match 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.$28065 (Affects All Lots) 5L 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,Declaration of Covenants,Conditions and Restrictions for Commercial Units recorded November 3,2006,at Reception No.530657,IntmwestBrush 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 Snowmnss Village Record of Decision recorded November 9,2006,at 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 granted by The Snowmass Company,Ltd. to Holy Cross Electric Association,Inc.,by Holy Cross Electric Association,Inc. Rigbt-0f--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 OArnerh Porlcy-&AedWe 8(conrinu&) ade,No. 07019960 Policy No.. n329613_ 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 L.LC for the benefit of Aspen Skiing Company,L.L,C.,recorded March 2,2007,at Reception No.534991 (Affects All Lots) THE FOLLOWING EXCEPTIONS AFFECT PARCEL D: 62, Intentionally Omitted. 63 Intentionally Omitted. 64. Encroachments,and any other facts which a correct 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 some 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 Mimi Y Policy-Schedule B(continued) Order No.- 07019960 Policy No.: !1379613 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 Bartell&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 ofway and all other matters as shown on the Plat of Sinclair Meadows,filed December 6,2005 in Plot 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. 5 18 100. 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. Disburser's Notice by Hypo Real Estate Capitol Corporation,recorded March 2,2007,at Reception No 535004. 93. Deed of Trust from Base Village Owner LLC,a Delaware limited liability company to the Public Trustee of Pitkin County for the use of American Mortgage Acceptance Company and ARCop 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. Meuanine Assignment of Leases and Rents recorded Match 2,2007,at Reception No. 535006,given in connection with the above Deed of Trust. 95. Memorandum of Intemreditory 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 I,2007,and recorded Page 9 of 15 Ownet S Polley-Schedule B(continued) Order No. 0701996.0 Policy No.: J2329613 Match 2,2007,at Reception No 535007. 96, Financing Statement from Base Village Owner LLC,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 Polley 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 orconstructed 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 terns 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 tight,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 or by 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. 3. 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 Title Insurance Company By: Authorized Signatory Cololado Fmii No 10031 (4194) 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. First Anterlcarr Title Insurance Company By: ..//' iy 2 Authorized Signatory Cok=do Form No 103 1(4N4) a ENDORSEMENT Attached to Policy No. J2329613 File No. 0701996 Issued by First American Title Insurance Company The Company hereby assures the insured that said land abuts upon a physically open street lmown 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 inconect. This endorsement is made a part of the policy and is subject to all of the terns and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the tams 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. FirstAnrerican Title Insurance Company By: Authorized Signatory Colorado Form No 103 7(4194) tirmotis¢nitsnT ATTACUMI'olacrt+a J2329613 File No. 0701996 tseuaa or First American Mle Insurance Company The Company hereby insures the[maned against loss ardamago sustained or incurred bythe Insured by mason oP. Any emtmumafal protection lira which, at Date of Policy, is recorded In those records established under data statutes at Date of Policy for the purpose of haparting coosWdive notice of matters tainting to real property to purchaser; thr vahro and without knowledge,except as set froth in Schedule B. This admacmcntis made spatl oftbe policy and is subjW to all offtitmasand provisions thereof end of any prior endorsements thereto. Except to the extent expressly stated,it neither rood'ifies any oftbo terms and provisions of me policy and ayprior adarse ant,nordoes ilextad the effectIva date of the policy and any prior endmsemuft our don it increase the Ace amount thereof. First American Me Insurance Company l By. Authorized Signatory F.A.Form 70(Modified-4115197) Modified CLTA Form 110.9(3113187) Madilied ALTA Form B 1 (32787) Eaviromnntal Protection Lien-Owners Policy ENDORSEMENT Attached to Policy No. J2329613 File No. 0701996 Issued by First American 7111e 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. 5294-001-0 1, 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. First American title Insurance Company By: C Authorized Signatory Colorado Form No. 116.1 (1/00) r;•.•• FirstAmcrlmn IIt/alnstaaace(baryany v • ENDORSEMENT AttachadtoPogoyNo. J2329613 Order No. 0701996 Issued By FIRST AMERICAN TIRE INSURANCE COMPANY 1. The Mezzerdna Lender is: end each successor In ownarchlp of Us ban C Memnlne Loamy reserving,howaver,all rights and defenses as to any successor That The Company would have had against the Ma=nIne Lender, unless The successor acquired the Indebtedness as a purchaser for value without knowledge of the asserted defect,gen,encumbrance,adverse claim or other matter Insured against by this porrcy as affecting title to the estate or Interest In The lend. 2 The Insured: s. assigns to The Mezzanine Lender the right to re elva amounts og wv&e payable to The Insured under this policy,not to exceed the outstanding Indebtedness under The Metmnlne Loan;end b. agrees that no amendment of or endamemert to this policy eon be made without the written consent of the Mezzanine lender except as provided In Bastion 12(a)of the Conditions and 611pulatlane. 9. The Company does not walve any defenses that IT may have against the Insured,axeepl no expressly staled In this endorsemerrL 4 In the evert or a tow under The policy,the Company aw=that It will rwT assert the pturvhbns of Exolualors from Coverage 3(a),(b)or(a)to refuse payment.to The MmmIne Lander coley,by reason or The action or Inaction or knowledge.as of Data of Policy,of the Insured,provided; a_ The hM=ntne Lender had no knowledge of the defect,Pen,encumbrance or olhar matter creating or causing loss on Date of Policy. b. gds gmgagon on The application of Exclusions front Coverage 3(a),(b)and(a)chalk I apply whether or not[he Mezzanine Lender has acquired an Interest(direct or Indirect)In the Insured either on or after Date of Policy,way g baneful the Mezzanine Lender only without benefitIng any other Individual or entity that holds an Interest(direct or Ind1mcq In The Insured or the land 5 In the evard of a loss under The Policy,Ihs Company also agrees that it vd l not decry llablfily to The Mazzatukua Lender on the ground 0=1 arty or all of the ownership Interests(direct or Indirect)In the insured have beers lrantWmd to or acquired by the Mezzanine Lender,either on or niler the Data of Policy. 8. The Mauenlne Lendero*wMedges: Poyc J FuatAmmicax c,.71116 rnsarv=Company a that this amount of Insurance under thls policy shag be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception Is taken In Schedule 9 or to which the Insured has agreed,assumed,or taken subject,or which Is hereafter executed by an insured and which is a charge or Den on the estate or Interest described or referred to In Schedule A.and the amount so paid shall be deemed a payment undo;ilia policir and b. tirel Ina Company shag have the right to insure mortgages or other comrayances of an Interest In the land,without the consent of the Mezzantne Lender. 7. 9 the Insured,the Meumnine Lender or others have oonifldkng claims to all or part of ft loss payable under the Policy,the Company may Interpleed the amount of the loss No Court.The Insured and the Mezzanine Lender shag be Jointly and severally gable for the Company s reasonable cost for the Interpleader and subsequent proceedings,Including affamsys'fees.The Company shall be entitled to payment of the sums for which the Insured and Mazmnine Lender are gable under the preceding sentence from the funds deposlled Wo Court,and A may apply to the Cowl for their payment B. Whenever the Company has settled a claim and paid the Memmnlne lender pursuant to this endorsement,the Company shag be subsogated and enlitled to all rights and remedies that the Ma=nna Lender may bane agabst any person orproperty adsIng from the Mezzanine Loan. However,the Company agrees with the Mezzanine Lender that A scrag only exercise these rights,or any right of the Company to trdemnilloatfon,agabsl the bsured,the Mezzanine Loan borrower.or any gwramlom of the Mezzanlna Loan after the Mezzanine Lender has recovered Its principal,Interest,and costs t>f cogacgon If a payment on account of a claim does not W cover gm lose of the Insured dolmand,the Company shag be subrogated to all rights and remedles of the Insured claimant after the insured daimard shag have recovered As pMclpal,Interest,and costs of cogeegon. This mdosement is issued as part of the policy.6ne9 as II expressly slates,A does riot(0 modify any of the temp and provisions of the policy,W modify any prior endorsements,(ill)extend gs Dale of Polley or riiv) Increase the Amount of Insurance To ft extent a Prwlaion of fie PDMI or a previmxs endorsement Is Inorstsfenl with an express provision of this endorsement,this endorsement controls.Otherwise,this endorsame nt Is subJeel to all of the terms and provisions of the policy and of any prior endorsements AGREED AND CONSENTED TO: By.Bose Village Owner,LLC,a Delaware gmiled Cebi ty company By.Amercan Mortgage Acceptance Company and ARCap Real Estate Special Situations Martgge Fund, L.LC. Furst American 71rfe Insurance Company Authorhed Signatory Page J CLTA Form 124.1 Covanwts are Binding W/DOX%NrV VT Amanin Toroucyrm J2329613 ArrAcnEDTo onDEnno. 0101996 ISSUED BY The Company insures against loss or damega Sustained by the insured by reason of the fbilum,as shown by the publiarecordS,ofthecovenants end DeclmantRights described as Parcel C tobo btndingupon all pmties who have an Interest In the Hurl pro"deseibed In the documarlsin the allached Exhibit A to Endorsement,and upon each Successive owner. This endomment does not insms against loss or damage sustained bythalnsmed by reason of any of the fbllowing: (1)The Mum of such covenant to binda successive owner who derives dtte through:(a)a tax dead;(b)a foreclosure of a bond orassasment;(c)a foremen of a federal tax lieu;or(d)bankruptcy,as trustee or otherwise;or(1)nmrpedormance of any Sold covenants. Tldo endanement io Issued as pmt of the policy.Except as It expressly slates,It does not n modify any of theterms and provisions of the policy,(;)modify any pdoretdarsements,(111)extend the Date o"olloy or Ov)Increase the Amount of Insurance.To the extentapmvisim oflbepollcyor a previous andomment U tncoDSWmA with an cxpms provision of thfe eudurreraenC this andorminont controls.Oftrwis%Lida andotacmcolts oubjcctto aft oflhatermsmd pmvisloas ofibe policy and of my prior endorsements FtrslAIflad an M&Insfvance Company BY: AUTHORIZED 61 TORY cLTA From uct(nor 6-14.96;Madrtat r-1607 sycdaQ ALTA Oaaces ur Lam Potlq 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: 1. 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. 1 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 By: Authorized Signatory Colorado Form No. 123.1 (4/94) Revised 9/27/86,effective 611/87 defense as required or permitted by the provisions of this policy, the Company any litigation, and the policy shall be surrendered to the Company lot may pursue any litigation to final delermination by a count of competent cancellation jurisdiction and expressly reserves the right,In Its sole discretion,to appeal from b) To Pay or Otherwise Settle With Parties Other than[he Insured or With ISadverse judgment or order the Insured Claimant In all cases where this policy permits or requires the Company to i) to pay or otherwise settle with other panties for or In the name of prosecute or provide lot the defense of any action or proceeding,the insured shall an insured claimant any claim insured against under this policy,together with any secure to the Company the right to so prosecute or provide delense in the action costs,attorneys'fees and expenses Incurred by the insured claimant which were or proceeding, and all appeals [herein, and permit the Company to use, at its authorized by the Company up to the lime of payment and which the Company Is option, the name of the insured lot this purpose Whenever requested by the obligated to pay;or Company, the Insured, at the Companys expense, shall give the Company all ii) to pay or otherwise settle with the Insured claimant the loss or reasonable aid (i) in any action or proceeding, searing evidence, obtaining damage provided for under Nis policy,together with any costs,attorneys'Ices and wilnesses, prosecuting or delending the action or proceeding, or effecting expenses incurred by the insured claimant which were authorized by the Company settlement,and(if)in any other lawful act which in the opinion of the Company up to the time 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 the exercise by the Company of either of the options provided for In Insured II the Company is prejudiced by the failure of the Insured to furnish the paragraphs (b)(i) or (If), the Company's obligations to the Insured under this required cooperation,the Company's obligations to the Insured under the policy policy lot the claimed loss or damage, other[ban the payments required to be shall terminate, Including any liability or obligation to defend, prosecute, or made,shall terminate,including any liability or obligation to defend,prosecute or conlinm any litigation, with regard [o the matter or matters requiring such conlinue any litigation cooperation 5. PROOF OF L05S OR DAMAGE. 7, DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy Is a contract of Indemnity against actual monetary loss orInadditiontoandafterthenoticesrequiredunderSection3ofthesedamagesustainedorincurredInsuredclaimantwhohassufferedlossor Conditions and Stipulations have been provided the Company,a proof of loss ordamagesignedandsworntobytheinsuredclaimantshallbefurnishedtothe damage reason of mailers Inssuureedd against by this policy and only to the extenthereindescribed Company wilhin 90 days alter the Insured claimant shall ascertain the facts giving rise to the lass or damage The proof of loss or damage shall describe the detect a) The liability of the Company under this policy shall not exceed the least of. In,or lien or encumbrance on the title,or other matter insured against by this I) the Amount of Insurance stated in Schedule A,or policy which constitutes the basis of loss or damage and shall state,to the extent ii) the difference between[he value of the insured estate or interest as possible, the basis of calculating the amount of the loss or damage 11 the Insured and Me value of the Insured estate or interest subject to the defecl,lien or Company Is prejudiced by the failure of the insured claimant to provide the encumbrance Insured against by this policy required proof of loss or damage,the Company's obligations In the Insured under b) In the event the Amount of Insurance staled in Schedule A at the Date the policy shall terminate, Including any liability or obligation to defend, of Policy is less than 60 percent of the value of the Insured estate or Interest or the 1wsecure,or continue any litigation,with regard to the matter or matters requiring lull consideration paid lot the land,whichever is less,or it subsequent to the Dale h 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 reasonably be required to submll to Insured estate or interest by at least 20 percent over the Amount of Insurance examination under oath by any authorized representative of the Company and staled In Schedule A,Then[his Policy is subject to the following: shall produce lot examination,Inspection and copying,at such reasonable times 1) where n0 subsequent Improvement has been made, as to any and places as may be designated by any authorized representative of [he partial loss,the Company shall only pay the toss pro rata in the proportion that Company,all records,books,ledgers,checks,correspondence and memoranda, the Amount of Insurance at Dale of Policy bears to The total value of the Insured whether bearing a date before or after Dale of Policy,which reasonably pertain to estate or interest of Dale of Policy;or the loss or damage Further,If requested by any authorized representative of the it) where a subsequent improvement has been made,as to any partial Company, the Insured claimant shall grant Its permission, in writing, for any loss, the Company shall only pay the loss pro rata In the proportion that 120 authorized representative of the Company to examine, inspect and copy all percent of the Amount of Insurance slated in Schedule A hears to the sum of the records,books,ledgers,checks,correspondence and memoranda In the custody Amount of Insurance staled in Schedule A and the amount expended for the or control of a third party, which reasonably perlaln to the loss or damage All Improvement Information designated as confidential by the Insured claimant provided to the The provisions of this paragraph shall not apply to costs,attorneys'fees and Company pursuant to[his Section shall not be disclosed to others unless,in the expenses lot which the 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 the aggregate, 10 percent of the claim Failure of the Insured claimant to submit for examination under oalh, Amount of Insurance staled in Schedule A produce other reasonably requested inlormalion or grant permission to secure c) The Company will pay only those costs,attorneys'fees and expenses reasonably necessary Information Irom third parties as required in this paragraph, Incurred in accordance with Section 4 of these Conditions and Stipulations unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim 8. APPORTIONMENT 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; ll 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 loss is established affecting one or more In case of a claim under this policy,the Company shall have the following of the parcels but not ail, the loss shall computed and settled a pro rata basis as it the Amount of Insurance underr tthis paltry prwasdividedpro rata as to additional options. the value on Date of Policy of each separate parcel to the whole,exclusive of any a) To Pay or Tender Payment of the Amount al Insurance improvements made subsequent to Date of Policy,unless a liability or value has To pay or tender payment of the amount of Insurance under this policy otherwise been agreed upon as to each parcel by the Company and the insured at gather with any rusts, attorneys' fees and expenses incurred by the insured the time of the issuance of this policy and shown by an express statement or by Wntent,which were authorized by the Company, up to the lima of payment or an endorsement attached to this policy der of payment and which the Company is obligated to pay Upon the exercise by the Company of this option,all liability and obligations g, LIMITATION OF LIABILITY. to the insured under this policy,other than to make the payment required,shall a) 11 the Company establishes the title,or removes the alleged defect,lien terminate, including any liability or obligation to defend,prosecute,or continue or encumbrance.or cures the lack at a right of access to or from[he land,or cures Pnnry Punt i the claim of umnarketabilify of title,all as insured,In a reasonably diligent manner to pay only that pad of any losses insured against by this policy which shall by any method,including litigation and the completion of any appeals therefrom, exceed the amount, if any,lost to the Company by reason of the impairment by it shall have fully performed its obligations with rasped to that mailer and shall the Insured claimant of the Company's right of subrogalion 1 be liable for any loss or damage caused thereby b) The Company's Rights Against non-Insured Obligors. b) In the event of any litigation, including litigation by the Company or The Company's right of subrogation against noninsured obligors shall exist with the Comparys consent, the Company shall have no liability for loss or and shall include, wilhoul limitalion, the rights of the Insured to indemnities, damage until there has been a final determination by a court of competent guaranties, other policies of insurance or bonds, notwithstanding any terms or jurisdiction, and disposition of all appeals therefrom, adverse to the title as conditions 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 liability voluntarily 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 the Title 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 Company and the insured arising All payments under this policy,except payments made for costs,attorneys' out of or relating to this policy,any service of the Company In connection with its fees and expenses,shall reduce the amount of the insurance pro tanto Issuance or the breach of a policy provision or other obligation All arbitrable matters when the Amount of Insurance Is$1,000,000 or less shall be arbitrated al 11. LIABILITY NONCUMULATIVE. the option of either the Company or the Insured All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when It is expressly understood that the Amount of Insurance under this policy agreed to by both the Company and the Insured Arbitration pursuant to (his shall be reduced by any amount(he Company may pay under any policy insuring policy and under the Rules in effect on the dale the demand for arbitration 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 Data of Policy shall be agreed,assumed,or taken subject,or which is hereafter executed by an Insured binding upon the parties The award may Include attorneys'fees only if the laws and which is a charge or lien on the estate or Interest described or referred to In of the slate in which the land is located permit a court to award attorneys'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 Arbllrator(s)may be to the insured owner entered in any court having jurisdiction thereof The law of the situs of the land shall apply la 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 last or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT. mpany a) This policy together with all endorsements, if any,attached hereto by b) When liability and the extent of loss or damage his been definitely fixed the Company is the entire policy and contract between (he insured and the In accordance with these Conditions and Stipulations,the loss or damage shall Company In Interpreting any provision of this policy, this policy shall be be payable within 30 days thereatlar construed as a whole b) Any claim of loss 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 interest covered hereby or by any action asserting such claim,shall be restricted to this policy a) 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 settled 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 act of the Vice President, the Secretary, an Assistant Secretary, or validating officer or insured claimant The Company shall be subrogaled to and be entitled to all rights authorized signatory of the Company and remedies which the insured claimant would have had against any person or property In respect to the claim had this policy not been issued If requested by 16. SEVERABILITY. the Comparry,the insured claimant shall transfer to the Company all rights and In (he event any provision of the policy is held invalid or unenforceableremediesagainstanypersonorpropertynecessaryinordertoperfectthisrightofunderapplicablelaw,the policy shall be deemed not to include that prevision and subrogation.The Insured claimant shall permit the Company 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(he name of the insured claimant in any transaction or litigation Involving these rights or remedies 17. NOTICES,WHERE SENT.If a payment on account of a claim does not fully cover the loss of the insured claimant,the Company shall be subrogated to these rights and remedies All notices required to be given the Company and any statement in writing required in the proportion which the Companys payment bears to the whole amount of the to be lumish ed the Company shall include the number of (his policy and shall be loss addressed to the Company at 1 First American Way.Santa Ara.Calilornia 92707.or b the II loss should result from any act of the Insured claimant,as stated above, office which Issued this policy that ad shall not void this policy,but the Company,in that event,shall be required POLICY OF TITLE INS URA NCE 0 Policy Page 4 RELATED WESTPAC APPENDIX B APPLICATION FORM AND EVIDENCE OF PAYMENT OF FEES December 2008 Subdivision Exemption Application for Base Village Lot 3 AUTHORIZED SUBDIVISION EXEMPTIONS The Town Council shall be authorized to exempt the following activities from the terms of the subdivision regulations: 1.Lot Line Adjustments. Lot line adjustments between previously platted lots. 2.Lot Combinations. Lot combinations of platted lots. 3. Conveying Title. Conveying title and/or fulfilling legal obligations when no development will result thereafter,without subdivision or PUD approval. 4.Condominiumization and Time Share. Condominiumization of a development, or approval of time share estates, (refer to section 5-270 (E) or (F) of the Snowmass Village Land Use and Development Code for further information on condominiumization or time share). DESCRIBE YOUR PROPOSED SUBDIVISION EXEMPTION The Applicant is requesting to split lot 3 for financing purposes. The proposed lot split will separate Lot 3 into two lots, Lot 3A and Lot 3B to allow financing to be obtained for Building 8 without encumbering Buildings 6 and 7. PROVIDE THE FOLLOWING ADDITIONAL INFORMATION 1.Name, Address, Telephone Number and Power of Attorney. The applicant's name, address and telephone number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, address and phone number. See Section 1 2. Disclosure of Ownership. A certificate from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages,judgments, liens, contracts, easements or agreements of record that affect the property. At the Town's option, the holders or owners of such mortgages,judgments, liens, contracts, easements or agreements of record may be required to consent to the application before it is acted upon by the Town. See Appendix A 3.Improvements Survey. An improvements survey, showing the location and dimensions of all existing structures, streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities and other significant features within the property.Waiver Requested 4.Exemption Plat. The applicant shall submit a proposed exemption plat, which shall contain the applicable information for a final plat, as specified in Section 5.280(D) of the Code. See Section 2. 5. Vicinity Map. An eight and one-half inch by eleven inch (8 1/2"x 11")vicinity map locating the subject parcel within the Town of Snowmass Village. See Section 1 Page 3 Subdivision Exemption 6. Other Maps. All other maps required for the application shall be prepared at a scale of one inch equals one hundred feet(1"= 100)or larger, on sheets no larger than thirty inches by forty-two inches (30" x 42"), with an unencumbered margin of one and one-half inches 1.5") on the left hand side of the sheet and one-half inch (0.5") around the other three (3) sides of the sheet. Sheets of twenty-four by thirty-six inches (24"x 36")are preferred. If it is necessary to place information on more than one(1)sheet, an index shall be included on the first sheet. Report-size versions of all maps, reduced to a sheet size of no greater than eleven inches by seventeen inches(11"x 17"), shall also be submitted. 7. Base Fee. The application shall be accompanied by the applicable base fee from the Building and Planning Department's fee schedule. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Planning Director. The reimbursement to the Town by the applicant shall be due and payable within fifteen(15) days of the date of billing. See Aonendix B. 8. Other Information. The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed subdivision exemption. NO APPLICATION WILL BE PROCESSED UNTIL ALL REQUIRED INFORMATION IS PROVIDED. REVIEW STANDARDS An anDlication-for-a subdivision.e a do shall co .with-t e.fo ow' standards: - Exemption IS Necessary. I ne exemption shall-be—necessary or the preserva ion an enjoyment of substantial property rights of the applicant. 2. Consistent With Subdivision. The exemption shall be consistent with the preservation of the goals, objectives and standards of the particular subdivision or land area involved. 3. No New Lots Created. Granting of the exemption shall not create any new lots in any single-family subdivision. 4. Comply With Development Code. The exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of this Development Code. With respect to an application for a lot line adjustment, if any of the lots or structures thereon are nonconforming prior to the adjustment,then no adjustment shall be allowed that increases the nonconformity of the lot or structure. 5. No Adverse Impacts. Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property is situated. 6.Not Increase Total Allowable Floor Area. Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption, and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area. 7. Special Circumstances. In the instance where the Town Council is unable to find that an application is consistent with any of the above standards, the exemption may only be granted if the Town Council finds that there are special circumstances or conditions affecting the subject property such that the strict application of these standards would result in undue hardship and deprive the applicant of the reasonable use of the land. Page 4 Subdivision Exemption REASONS FOR REQUESTING THIS SUBDIVISION EXEMPTION 1. Exemption is Necessary: See Section 1.3 2. Consistent with Subdivision: See Section 1.3 3. No New Lots Created: See Section 1.3 4. Comply with Development Code: See Section 1.3 S. No Increase in the Total Allowable Floor Area: See Section 1.3 7. Special Circumstances: See Section 1.3 REVIEW PROCEDURE The following procedures shall apply to a subdivision exemption application, (see attached figure: Subdivision Exemption Application Procedures). 1.Pre-Application Conference. Attendance at a pre-application conference is optional, but recommended, prior to submission of an application for subdivision exemption. 2.Submission of Application. The applicant shall submit an application to the Planning Director. Page 5 Subdivision Exemption TOWN OF SNOWMASS VILLAGE SUBDIVISION EXEMPTION APPLICATION GENERAL DATA REQUIREMENTS Date: December 8, 2008 Name of Owner: Base Village Owner, LLC Phone: 970-922-2845 Address: 132 West Main St. Suite A,Aspen, CO 81611 Name of Applicant(if different than owner): Phone: Address: Physical Address of Property: Legal Description: EXISTING CONDITION INFORMATION Present Zoning: MU-2 Present Use: N/A Lot Area.otlndividual.Subiect.Lots. sq.ft. :_2.48.acres._ Allowable Floor Area Ratio per Zoning or PUD Plan: 1.29 _ Square Footage of All Areas Calculated as Floor Area by Code: 92,386 sq ft Existing Building Height(if applicable): N/A of Parking Spaces and Bedrooms(if applicable): N/A of Units Prior to Condominiumization or Time Share(if applicable): N/A PROPOSAL DATA Only fill in those that apply) of Units After Condominiumization or Time Share(if applicable): N/A Lot Area(sq.ft.)of Lot(s)After Building Envelope Adjustment(if applicable): Lot 3A—1.30 Lot 3B—1.18 Size of Building Envelope(s)After Adjustment(if applicable): N/A Other: Page 2 Subdivision Exemption 3.Staff Review. Staff review of the application shall be accomplished, as specified in Section 5-140 of the Code. 4. Town Council Action. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council shall consider all relevant materials and testimony, shall consider whether the application complies with the review standards and shall, by resolution, approve, approve with conditions or deny the application. 5.Recording of Exemption Plat. Within ninety (90) days of the date of approval of the subdivision exemption, the applicant shall submit three (3) myiar copies, suitable for recording, of an exemption plat to the Planning Director. The Planning Director shall review the exemption plat to ensure it complies with the terms and conditions of approval, shall obtain signatures for all of the applicable plat certificates and have the exemption plat recorded Page 6 Subdivision Exemption TOWN OF SNOWMASS VILLAGE PLANNING DEPARTMENT Snowmass Village Development Application Fee Agreement The Town of Snowmass Village has established a fee structure for the processing of land use applications as described in the Base Rate Fee Schedule attached hereto. A flat rate 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 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 fallowing the final land use approval up to issuance of a Certificate of Completion or a Certificate of Occupancy or until the terms and conditions of the approval have been satisfied, whichever occurs later. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. No new land use applications will be accepted, building permit(s) issued or documents recorded with the Pitkin County Clerk and Recorder until all casts 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): Subdivision Exemption Print Name: Patrick N.Smith Date. 12/8/08 Applicm t or Authorized Representative BASE RATE FEE: $1,250 RECEIPT NO. Applicant billing address: 132 West Main Street Ste.A The Applicant Is responsible for notifying the Town Planning Department by U.S.Mail for Aspen,CO 81611 any change In billing person or billing address: Snowiness Village Planning Department P.O.Box 5010,Snowmass Village,CO 81615 Y:\00-Draft Base Wage Electronic Filing System\Conmd-2008 1121-Subdivision Exemption Lot AFEE AGREEMENT FEE SCHEDULE 01.01- 08.doc 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— Initial................................................................... $ 200.00 Administrative Modification 600.00 Annexations.................................................................................... $ 5,000.00 Appeal of Decision............................................................................• $ 600.00 Comprehensive Sign Plan....:............................................................. $ 500,00 Excise Tax Application....................................................................... $ 500.00 Cl 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 h 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................................................................................. $ 600.00 Vacation of Recorded Plat.......................................................... $ 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........................................................................ $ 65.00 Notes: 1. Base Rate Fees do not Include recording costs,which are at the applicant's expense. 2. Mailing, shuttle transportation for site visits, long distance phone charges, couder 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. YA00-DWI:aue Village Electmnic Filing SystemlConrad-2008 1121-Subdivision Exemption Lot 31FEEAGREEMENT FEE SCHEDULE 01-01- ORA= r0 RELATED WESTPAC January 26, 2008 Chris Conrad RECEIVED Planning Director Town of Snowmass Village JAN 2 8 2009 PO Box 5010 Snowmass Village Snowmass Village, CO 81615 Community Development 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 and Town Council's review of the application and further clarifies information in the original amendment. The amendment request consists of the following information: 1. Development Agreement—The proposed Development Agreement solidifies Related WestPac's commitment to providing an interJm—BujWding 7 to operate as a fully functional transit center with vertical circulation and public amenities including ski lockers and restrooms. The Agreement includes a conceptual design of the building,scope of work and construction schedule. The details of the plan will be reviewed in a subsequent application specifically for Building 7. 2.. 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 structural and lighting details are currently being finalized to the complete satisfaction of all stakeholders. A signed letter from Snowmass Wildcat Fire District and Aspen Skiing Company confirm their approval of the plan. 3. 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 we are now proposing one studio unit and one two-bedroom-unit. This enhancement adds two additional employee bed mroos within Building 8 for a total of 1,497 square feet. 132 West Main Street, Suite A, Aspen, CO 81611 970)544-0620 (t) (970) 920-3384(f) rRELATED REcEWED W E S T P A C JAN 2 8 2009 VillageTheadditional58suarefeetabovetherequiredmitigationamountwJ' SnowmassDevelopmentQ _,...,.,.._q g r;b 1»uniiy Development provided as a community purpose.for the requested variations. The revised floor plan for the P2 level replaces page 18 of the original 11x17 notebook. 4. Lock-Off Units—The original submittal mistakenly showed hatching on a third level E-2 unit. The revised plan replaces page 33 of the 11x17 notebook. S. 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. 6. Landscape Plan—The landscape approved in the original PUD is being modified to reflect the changes to Building 8. The proposed tree planting plan and shrub planting plan are included within the supplemental package. The tree and shrub plan for the complete phase is also included. 7. Floor Area Ratio Variation—The proposed subdivision exemption application requests a temporary variation from the allowable floor area for proposed Lot 3A containing Building 8. The calculation for the requested temporary variation is provided below. Lot 3A-1.16 Acres or 50,529.6 sq ft x 1.29(Maximum FAR per PUD)=65,183,18 sq ft 2%Administrative Variance=65,183.18 sq ft x 1.02=66,486.85 sq ft Floor Area for Building 8 Proposed in the Minor Amendment=95,839 sq ft 95,839 sq ft and 92,386 sq ft>66,486.85 sq ft;therefore a variance is requested for Lot 3A. In addition to the temporary variance the Applicant is requesting to modify the FAR to 139,763 sq ft, which is well below the administrative modification limits permitted in the original PUD, as discussed with Council at the January 20,2009 Council Meeting. The calculation and request is shown below. 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 136,715 sq ft (Bldg 8 Floor Area 92,791 sq ft) Proposed Total 139,763 sq ft (Bldg 8 Floor Area 95,839 sq ft) 8. Community Purpose—In addition to the community purposes proposed within the application, the Applicant is now guaranteeing a delivery date for the interim Building 7. This guarantee will be ensured through a performance bond and 132 West Main Street, Suite A, Aspen, CO 81611 970)544-0620(t) (970)920-3384(f) RELATED WESTPAC certificate of occupancy for Building 8. The applicant is also proposing 58 squareu_a_re feet of additional employee housing above what is required. 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 RECEDED JAN 2 8 2009 132 West Main Street, Suite A, Aspen, CO 81611 Snunity s velOP- 970)544-0620(t) (970)920-3384(f) Community Develovment DEVELOPMENT AGREEMENT Building 7 Essential Public Facility) THIS DEVELOPMENT AGREEMENT(this "Agreement") is made effective as of the day of the_day of January, 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 agrccs 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 `Buildine 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 polidWV power objectives and has not,by this Agreement, bargained away or otherwise JAN 2 8 2009 100214025.DOC\9)1 snowmass Village Community Development 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. L I 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 a series of two escalators which will be installed between the Arrival Level and the Village Level, with the two escalators to be operated to move in one direction at a time(and capable of reversing directions, depending on the time of ay), two elevators, the public restrooms,and day skier lockers on the bus stops level ofthe ti ian center,similar to the Town approved plans for Building 7, as well as a covered entry/exit at each end. A.stair from.the Arrival Level to the1 Village Level will be installed to provide additional public circulation. The plans are detaite'd 75R6er In Exhibit A and c on'cepriaal renderings of the exterior of Building 7 are attached as Exhibit C. The stairs are not currently depicted on the conceptual plans 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 surety 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"). The Bond will be issued by a national surety company, qualified to do business in the State of Colorado which carries at least an A-"rating by AM Best. 1.4 BVO agrees that the certificate of occupancy for Building 7 including the improvements detailed on the plans attached as Exhibit A),would be the next certificate of occupancy to be sought by BVO, and that no other certificates of occupancy would be sought by BVO before the Building 7 certificate of occupancy(based on the improvements detailed on the plans attached as Exhibit A), other than: (i)the certificates of occupancy for Building 13A,Building 13B, and Building 8; (ii)any certificates of occupancy for any tenants in Phase 1 of Base Village; and(iii) any certificates of occupancy for any tenants in Building 13A or Building 13B.Notwithstanding the foregoing, construction may proceed on other buildings but the_certificate of occupancy_for Building 7 (including the improvements detailed on the plans attached as Exhibit A), would be the next certificate of occupancy to be sought by BVO. 2. Conditions of Bond. The conditions for issuance of the Bond are as follows: JAN 2 8 2009 f 00214025.130C\9 12 Snowmass Village Community Development 2.1 BVO will post the Bond upon approval by the Town Manager as provided in Section 1.3, 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 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 requirq, otherwise: (a) terms defined in the singular may be used in the plural, and terms 00214025.DOC\9)3 JAN 2 8 2009 Snowmass Village Community Development 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 terns 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 Severability. 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 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 R CEME With copy to: Town of Snowmass Village P.O. Box 5010 JAN 2 8 2009 snowmass vma;e. 100214025.DOC\9)4 Community Developrnem 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,3rd 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 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: RECEIVED JAN 2 8 2009 00214025.DOC\9 5 Snowmass Village Community Development EXHIBIT A Plans for B7 Vertical Conveyance) uEd CEIVE JAN 2 8 2009 Snowmass vwe.: 00214025.DOC t 9)6 Community Dereiramsnr VC] NI39V ONli:IDIN IIONf1OONMOi 6002 zA :jvnm :ij DHibOJ 9mONW311bOJ iN3NHOViiV EX H I B TI A. j BUILDING 7 VERTICAL CIRCULATION Scope of Work General: Arrival Level: New interior partition walls as indicated using batt insulation and 518" exterior grade drywall on both sides. Prepare wall in the garage surrounding access point to extent required with wall signage typical of other areas New walls indicated with cross hatch. of the garage. Existing structure to have temporary finishes applied— See conceptual renderings in Exhibit C. Install sliding glass door. Village Level structural slaS6 be waterproofed and all penetrations to be sealed Provide men' s and women' s bathrooms per original plan. Two elevators to be installed. Elevator overrun ( height) to be constructed as required. Provide lockers for day skier use located on the arrival level. woes_ afoTwill be installed between the arrival level and village level, which will operate as one Door between lobby and temp elevator machine room to be locked at all times— not an egress door. escalator moving in one direction. Provide li at bus unloading area inside the garage. emp? orary Elevafdr machlii rooms to be placed adjacent to elevator as indicated opp plan. Public areas to have painted drywall walls and ceilings, and rubber the flooring. A stairwell will be provided to connect Level P3 to Village Level. Na+ Sa- tpWIT• Elevator cabs to be finished with plastic laminate interiors and carpet tile floor. P1 Level: Temoorarv.. beating system to be installed at lobbies, bathrooms, escalators and elevators. Elevator lobby area for emergency access only if required by code. E, me enc r signagp and fire protection specialties per the original design. Provide a unit cabinet heater mounted at the ceiling. Vi( fage level pedestrian walkwaythre lane to have snow melt and pavers installed to match the rest of Base Village. Village Level: Layout of temporary wall shall maintain approved fire lane width in front of the temporary building. Public areas to have painted drywall walls and ceilings and rubber tile flooring. Provide Iightirlg, as specked in original drawings for areas within the work boundary, specifically lighting to Waterproofing to exten 48" up wall for drifted snow be installed at lobbies, bathrooms and circulation from P3 to the Village Level. Provide the necessary roofing over the two elevator shafts. Provide sprinklers as required— maintain original plan within the work boundary areas. Provide service door that is normally locked to the top of structure not accessible to the public. Air uali , in the transit facility will meet the required code startdards for ventilating the area. Provide price for temporary walls as indicated on site plan and shown in detail on the Village Level floor plan Air quality within the arrival center will comply with allnecessary standards. Provide snow melt and pavers connecting to Base Village Exterior improvements for Building 7 levels P3— Village Level will include an interim fide to be finalized Provide allowance or temporary landscaping. and site fumishings and approved in a subsequent indepe' nde' Buili rig minor amendment. See_ conceptual renderings in Provide site lighting asTypicel in lase Village— allowance Exhibit C. Hardi- board siding and false windows to simulate adjacent Pha$ e1 buildings. This work w11 be Provide gate to Phase 3 work area— not accessible to the public. scheduled for August and September of 2009. em orary landsq` ping and facade to be installed between Building 2C and 7 and above the garage entry by November 1, 2009. The area in front of Building 7 will be graded and seeded prior to November 1, 2009. Garage entry road to be completed by November 1, 2009. This includes the removal of the scaffold bridge. Maintenance of the transit facility will be provided by the Metro District. An approximate 100 square foot transit office will be provided for TOSV and RFTA use. A% r- 0 VED JAN 2 8 2009 Snovmass Wage Community Develoomsnr Sniowmass Ba^ se- Village jBu: i ding 7 rrE FLOI - AF1VAL- LEVEL-- EXH IT A, a a : 2 of 10 1 VA p 6 O 0 g O O O D D rt D 0 0 e E m a e e e e o RECEINIED l3 mAN 2 8 1009 e e Snowmass page m s Community De dopnlent Co Snowmass Base Vilhage B. 0 i' Id i n;- g; 7 E- XH 1 B' IT A j ITE ' P A1. 1 w A' RsA elm Poti; Ttz 1. W j GoaHEA. t yEbord c vrAL C T„ 7REE 4 fx, srt - rdl ED f c T° 09gewment Snowmass Base Village Bu i Ind i n' g 7 January 26; 2009 fXH161 . A RECEIVED.T) A rr va l Level af 7 AN 2 8 2009 Snowmass Village Commu* OeveW; 0' 9nl 9swriNek TAPW M> e w4BNc Acc. CSy I r.. X{ gTlhl6l ' T` R c' NRE 1 rss ' Rrp1Atr4 i 1 1 P. SerYCC c- Te' tt' 1 i 5k: 1_.. a., c. rs V, YJ LANC.• Q a Lo t T D i• 1 EL6Yatot tti3 t ri yLpbl, y D `' r Snowmass Ma^ s-, Vialage s•_ _ J: ah Lary ° 26 , 2Q09 EXHIBIT_ A RECEIVED L_ e r ue l P 2 A _ JAN 2 8 1009 page5 SnowmassWageCommunity DeMopmeni r o MAIM Asp- it rsulLv AMA LIM Ir of Err Ma- i 6atoRK A SycnLATa L JSnowaBase V il l, age Buiadi ss - g 7- January 2,'. 6. OP- 9 1tECEIVED Elm 1 B. IT A JAN 2 8 2009 L- eVe P" 1 r Snowmasa Village page6` of 7 Commu iry Development a n a M ri C XIZT S' I1?, v ivtiE To P* jv%^,* j toes 1`.TO i WoR. K , R- Ep I — 1 1 1 i 1 l I Co.", 719" 15752Pv 1 g o 1w6Y 4Sr owm3ss Baa e: Village. Bu: i- x ° i= n= g37 Ja` nua' ry 26 ' AW- 9 IRECEIVED EX' slo `, IT A Ia ew JAN 2- 8. 2009 e 7 Snowmass% fllags of (! Community Development ww oFM G * . .. ttpl MI LL EL EV 2 CAI ATO oPG* J t ti S-1 10M a: ss, Base Vialage B, u i ng,, 7 January' 2, 2- 009 EXHIBIT B B7 Vertical Conveyance Schedule) RECEIVEDJAN 2 8 2009 Snowmass Village Community Development if 00214025. DOC\ 9) 7 Activity ActlVity Otig I Early Early 2 MA JU, N Ju_ 9U EP- 0_C NOVT_ ID Description f] ur Start Fir lsft it , 18 25 1 —, 15 22 29 S t3 0_ 2L3 1-0 d7 24 33 7] 4 21 J!_ 5 12 , 19 26 9' Gertersl Activities PR010001 Preconstruction/ Contracting 15 O6FEB09 26FEB09 PRO10011 Building# 7 re- design/ permit 30 06FEB09 19MAR09 ieel Cp& structionl PRO50001 Steel shop drawings/ procure steel 45 20MAR09 21 MAY09 Steel shop drawings/ Irocure steel V cilicaFTiansgoitati on PR140001 Elevator/ escalator shop drawings 30 27FEB09 09APR09 PR140011 Approve elevator/ escalator shop drawings 10 10APR09 23APR09 PR140031 Procure escalator 60 24APR09 13AUG09 I Procure escalator PS140021 Procure elevators# 1 and# 2 60 24APR09 16J1. 11- 09 Procure' elevators# 1 and# 2 PR140041 Interim facade 42 23JUL09 23SEP09 Inte im facade- - - - T - - - - - - - - Srte CoilsiiuctionAA020001 Mobilize to site 5 01 MAY09' 07MAY09 Mobilize to sits- ----- - ----- - -- - - - - Ncni cal` Tmansportaiion AAM001 Install elevator 41 30 17JUL09 27AUG09 Install elevator# 1 - - -- - - - - - - --- - - - - - AA140011 Install elevator# 2 60 31JUL09 22OCT09 11111111111111111111111111install elevator# 2 AA140021 Install escalator 70 14AUG09 19NOV09 Install escelato AA140031 Elevators/ escalator punchlist 4 20NOV09 25NOV09 evators/ escalator punchlist® Gloseouta Pinichlist AA200002 FINISH MILESTONE 0 25NOV09 FNISH MILESTONEII SttcCons rugion - -. I AL020011 Demolish elevator# 2 opening 3 15MAY09 19MAY09 Demolish elevator 4#12 opening Co_ Con, rniction AL030001 I Infill elevator# 2 opening 4 20MAY09 25MAY09 Infill elevator# 2 qw iing Finishes Goivrnction I AL090001 Frame/ drywalUtape& finish 10 30JUN09 13JUL09 Frame/ drywallttape& finish AL090011 Painting 3 14JUL09 16JUL09 tPainting ALOOD21 IFlooring 5 17JUL09 I 2WUL09 Flooring INtztisnic4l Consirucuon; I AL150001 Mechanical/ radiant floor rough in 5 19JUN09 25JUN09 apical/ rediaM' rough In AL150011 Fire sprinkler rough In 2 25JUN09 26JUN09 Flre sprinkler rough' ln k AL150021 LMeChanical/ firesprinkler trim 2 24JUL09 27JUL09 Mechanical/ fire spriner trim flccvical" Gomtruciion AL160001 Electrical rough in 4 19JUN09 24JUN09 Electrical rough In I AL160011 Electrical trim 2 24JUL09 27JUL09 I I r Electrical trim i A o rA a Closeout/ Panchlisi I AL20DO01 Punchlist/ final inspections 5 28JUL09 03AUG09 purtchllst/ final Inspectlons- Fot CO io start Date OGFEB09 0001 Sheaf 1 of 3 t a Early EX Flnish Data 25NOV09 CFC/ PCL, a Joint Venture Date V C Data Date 06FERM Progress Bar Run Irate 26JAN0912A6 CriftatACNty Building# 7- PRELIMINARY Classic Schedule Layout 1 0 Primavera Systems, Inc. Wa g 1 ® I Acl Activity IOrig Early I Early 209 Description. _ Dur Start_ Finish J. UN _ JyL Q_ SAP_ O_ NQVT_ ilt3_ 25 , i 8 15 2 9_ b ZQ 2L3 Ao ; ii -- L— S19 21 rFinishes' Construction 1 P2090001 Frame/ drywalUtape& finish 4 14JUL09 17JUL09 OFrane/ drywall/ tape& finish P2090011 Painting 2 20JUL09 _ 21JUL09 Palntting Mechanical Construction r P2150011 Fire sprinkler rough in 1 2WUN09 MUN09 Flre sprinkler rough In 19m3tu9 Construction P/ 090001 Frame/ drywall/ tape & finish 6 20JUL09 27JUL09 Frame/ drywall4ape& finish P1090011 Painting 3 20JUL09 22JUL09 Inting P1090021 Flooring 1 23JUL09 23JUL09 Flooring Mtslianical Construction 1` 1150001 jMechanicaJ rough in 4 26JUN09 01JUL09 anicat rough in I I P1150011 Fire sprinkler rough in 2 30JUN09 01JUL09 Flre sprinkler rough in P1150021 IMechanical/ fire sprinkler trim 3 24JUL09 28JUL09 Mechanical/ fire sprinkler trim Electrical Construction P1160001 Electrical rough in 3 25JUN09 29JUN09 lecuncal rou h In P1160011 Electrical trim 2 24JUL09 27JUL09 Electrical trim Closeout/ Punchlisa P1200001 I Punchlist/ final inspections P2& P1 4 29J1. 11- 09 03AUG09 liPunchllst 1 final inspections P2& P1- - ---- ---`- --- - - - Siw ConstructionVL020001 Paver installation 10 27JUL09 07AUG09 IIIIIIIIIIIIIIIIIIIIII11OPaver Installation VLO20011 Landscaping 10 1 10AUG09 I 21AUG09 tarrdscaping Cortcizty' Ctwstrucuiin I VL030002 Modifications to concrete for steel roof 5 08MAY09 14MAY09 Modffications to concrete fI steel roof VLO30005 Demolish elevator# 2 opening 3 26MAY09 28MAY09 ffiDerriolish elevator) i f2 opening VL030001) I Infill elevator# 2 opening 3 29MAY09 02JUN09 Wlnflll elevator# 2 opening- - - - MasonryConstniction* I ! YL040001 lExterior masonry 5 1 06JUL09 I 10JUL09 Exterior masonry Steel ConsiruetioriVL050001 Structural steel roof and metal deck 20 22MAY09 18JUN09 ral steel roof and metal deck Waterproofing Construction_- VL070001 Roofing 7 19JUN09 29JUN09 VLO70002 Deck waterproofing& topping slab 10 13JUL09 24JUL09 Deck waterproofing& topping slab Doors',. and\ Vindows VILAW01 Windows and storefront 3 24JUN09 26JUN09 tWindows and storefront Fwsties. Consttuctinn VL090001 6cterior studs and sheathing 5 19JUN09 25JUN09 F! dertor studs and sheathing c Q VL090011 I Exterior stucco 5 29JUN09 03JUL09 Exterior stucco' w Stan Date O6FEB09 0001 Sheer 2 of3 N O Finish Date 25NOV09 N K+ 1 Data Date 06FEB09 — rogrew ear CFC/ PCL, a Joint Venture tea E_ ./,\ H I B• I V `' rV o 3 Run Date 2& 1AN0912: 05 Criacal Activity pry t. Building# 7- PRELIMINARY c Classic Schedule Layout 0 Primavera Systems, Inc. Activity Activity Orlg Early Early z oos ID Description Our Start Finish A., JUN JU.. UG: F. OCT NOv P 4 L18 25 1 8 . 1'5 22 r 3_ 2Q 3 10 4_$ 7` i19. 21 X8_ 5 . 12 . 19 26 2 8 L6_ 23 VLO90100 IFrame/ drywalUtape& finish 10 28JUL09 IOAUG09 reme/ drywallRape& finish VL090110 I Painting 4 11 AUG09 14AUG09 Painting VLO90120 Flooring 3 17AUG09 19AUG09 Flooring Mechanital Construction VL150001 Mechanical rough in 5 02JUL09 08JUL09 Mechanical rough in 50VL1011 Fire sprinkler rough in 3 02JUL09 06JUL09 Fire sprinider rough In VL150021 IMechanical/ fire sprinkler trim 3 20AUG09 24AUG09 Mechanical/ fire sprinkler trim Electrical Constniction VL160001 Electrical rough in 5 30JUN09 06JUL09 PJectricai rough In VU 60011 Electrical trim 2 20AUG09 21 AUG09 lectrlcal trim Closeout/ Punchlist. VL200001 Punchlist/ final inspections 5 25AUG09 31 AUG09 Punchllst/ final 1 Ions- 1 0r r 1 Nj 1 1 a' Start Date 06FFB09 0001 Sheet 3 of 3 s U z Earty Bar Data Date 2srrovo9 og CFC/ PCL, a Joint Venture Date Fx l l s apprwee Data Date 06FEB09 - — x Run Dale 26JAN09 1295 critical Activiry Building 417- PRELIMINARY l Classic Schedule Layout 0 Primavera Systems, Inc. f EXHIBIT C Building 7 Conceptual Renderings) RECEIVED Jg ,28 2009 00214025.DOC\9)8 Snowmass'wiiage._ Community Deve. PMA. . w, i Abe S exHiart c page 2 of 2 llililljllllll Snowmass Wagern rRELATED RELATED WESTPAC i WESTPAC January 26, 2009 January 26, 2009 Dear John and Steve: Dear John and Steve: Attached you will find the plans by Oz Architecture dated January 26th, 2009 showing the Attached you will find the plans by Oz Architecture dated January 26ah, 2009 showing the proposed configuration for the clinic patient transfer area, and correspondence with proposed configuration for the clinic patient transfer area, and correspondence with Gillespie Corporation dated January 16, 2009, showing the gumey lift layout and letter of Gillespie Corporation dated January 16, 2009, showing the gurney lift layout and letter of compliance with ANSI 18. 1. Please confirm below with your signature that you have compliance with ANSI 18. 1. Please confirm below with your signature that you have reviewed this information and that meets your needs for this facility. reviewed this information and that meets your needs for this facility. Thanks for your assistance in the resolution of this matter. I Thanks for your assistance in the resolution of this matter. Sincerely, Sincerely, Scott Stenman Scott Stenman Related Westpac Related Westpac iZ14_ John Mele John Mele Fire Marshal, Snowmass Wildcat Fire Protection District Fire Marshal, Snowmass Wildcat Fire Protection District Steve Sewell Steve Sewell Mountain Manager, Aspen Ski Company i C EL Mountain Manager, Aspen Ski Company C' LI' 7ED JAN 2 8 20091! IAN 2 8 2009 Snagmas Ni a Srlowmass vlu ge Communfij Development commundy Development Please note the following items: lighting 1 . Site lighting to be provided & coordinated with Fire Dept. 2. Site to have back- up po 3. Remote operation of the emergency access gates off Wood road to be provided to Fire Dept. Ir CLINIC CLINIC It EXITr. J GURNEY IL)F AMBULANCE yr ® IE ie° ii Iiyhleilo! II iai ie Rii ii i iiiiriiaul l ll i. E 1 1 1 11 11_ I se l Iwlilewioill un ieeol ii Ii liuiiiilxiu II I SNOW MELTED 111 1! e! IICI e111 I/ 11III II PLATFORM/ WALK SKI BACK TRAIL luwtluwiu I m — liuuiui^i,isi p• 9.1" f OC k 00 GI OC \ IP 3R. L. rO CANOPY Nele, — y I_ II 11 y Illlr ' lhJi! ff uo o.' till Bill - libi/ i fl' Illt i '—" lff7- s SNOW MELTED PLAVORM/ WALK PLATFORM RECEIVEDJAN 2 k k . Ili Cmmuft SnowmssWageDeve4meni DRIVE AT OVERALL PLAN/ ELEVATION rRELATEDWESTPAC SNOWPVtASS BASE VILLAGE Building 8 Janucry 26, 20G9 i I nnU I n I u I I L Vii. Elm I EXISTING 4'MOUNTABLE II LU ® bg 0 CURB FIRE TRUCK y \ LAY- BY I GATE ARMS WITH REMOTE ACCESS FOR EMERGENCYVEHICLES CLINIC DRIVE EMERGENCY ACCESS DIAGRAM KEYPLAN a RECEIVEDJAN 2 8 2009 Snowmass Jdlage Community Dwelopmem DRIVE AT CLINIC- EMERGENCY ACCESS DIAGRAM WESAPTAD SNOWMASS BASE VILLAGE I Building•Jonuary 26, 2009 CUNIC VISITORACCESS a 1 EMERGENCY EMERG CY ENTRANCE EXIT ON F F1 EMERGENCYEXIT ONLY O OCCU0D PAN61 8403. 5' f 18399. 79' 7'- 0' 1467 SLOPE ji SNOW MELTED DRIVE 5'- 9° 1. 007. SLOPE D 81 4 CRNEY LIFT AMBULANCE I i SNOW MELTED 14'- 5° 81- ' I PLATFORM/ WALK CANOPY ABOVE YASSUME 2'- 6" SNOW SKI BACK TRAIL BOUNDARY TRANSFORMER CURB & GUTTER POWERED LIFT - CONNECTED 1. 007 SLOPE TO BACK BUILDING GENERATOR 14. 63,$ SLOPE PLAN SKI BACK TRAIL ENLARGED CLINIC DRIVE N RECEIVED o2 0y° JAN 2 8 2009 szclof wmassvlilage Communk Development rRELATED MEMO WESTPAC January 26. 200? VILLAGE LEVEL _ 6 H LEVEE Pi X8414' itt EMM JU r r I LEVEL P2 8403. 5 11 1h O O CANOPY ABOVEASSUME 2'- 6' SNOW) I Rpp 1% GRADE pT SNOWMELTED PLATFORM/ I I r 111 9 I 1 5. 46% GRADE WALK ® 8403. 5' PLATFORM LIFT BEHIND CURB) LEVEL P3 8388— n ENLARGED CLINIC DRIVE ELEVATIONKEYPLAN RECEIVEDJAN 2 8 2069 4. Snowmass Vil lage a:'¢:::_',•- Community Developmem DRIVE AT CLINIC - ENLARGED ELEVATION rRELATED1MESTPAC Januory POWER GURNEY ATE UTTE ANSI LIFTPLATFORM_ 8403. 5 T.O. C. LOADING DOCK ASSUME 2.5' SNOW i ON SKI BACK TRIAL 8400. 43 T.O. C. AT AMBULANCE DRIVE X. KEYPLAN CLINIC CLINIC EVER.EXIT AMBULANCE DRIVE- PLATFORM SECTION i 4 YL Ija f GURNEY bFT AMBULANCE - LITTER i RECEIVED SNOW MELTED PLATFORM/ WALK SKI BACK TRAIL JAN 2 8 2009 PLATFORM LIFT Sncwmass Village Community DevelopmenI DRIVE AT CLINIC - BUILDING SECTION WESATPAD J SNOWMASS 3! I Jonuory 26, 2009 Power- PRO' stryker powered ambulance cot ears @pWpraant MOP. Centre e Portage. NO 47002 USA 0 269 329 2100 (. 2693292311 Will fir. Son 794 4336 rvw• cenratVylvcom Standard Features lipeeHlcatlone 2) DnWALT• 24 volt Industrial. grade batteries Model Number 65M DaWALT• industrial grade battery charger( fan cooled) Height'( Infinite height positioning between lowest and highest position) Atrtmm. tic in- cot fastener 6hmo6 Lowest Position 14" 36 cm) Manual back- up system Highest Position 41. 5" 105 cm) Automatic high- speed retract Length — Battery powered hydraulic Oft system Standard 81" 206 cm) Preventative maintenance hour meter Minimum 63" 160 cm) Battery power indicator Width 23" _ ( 58 cm) Settable load height with jog function Weight' - ----- 125lbs ( 57 kg) Color- coded controls del High visibility powder- coated frame Diameter 6" 15 an) Light- welght. rugged aluminum construction Width 2• 5 cm) Srlemificallyoptim! zed OR bar and contm! design Articulation Lower Bfting bar Backrest 0- 73• 0'3 L1ft- capable safety bar Shock Position Integrated bumper system Knee Gatc3 30° Perforated litter surface Mairmam Weight Capacity' 701) Ibs ( 318 kg) Mln One- hand release retracting had section with Minimum Operator safery her unocaed Cot 2 Uaoccende Cot I Floor- momted safety hook Recommended Fntaer System One- hand release, fold- down aide rails Floor Mount Model 6370 or 6377 _ One- hand release, infinite positioning. IM assist Wall Mount Model 6371 pneumatic be, k t Recommended Loading HeW Up to 36" ( 91 an) Oversized wheels with sealed aster and wheel bearings Sealed bolster mattress Warraritft Shock position Wo lap belts and one fora- point shoulder r strain tier- year parts, labor and travel warranty on all soft goods Single wheel lode Two- year parts, w s, labor and travel warranty oa entire t ezcluding soli goods Pull handle Three- year parts, labor and travel warranty on X- frame components X- frame guards Three- year limited warranty on powertraln companions Power washableOptional Peataraa Height measured from bottom of mattress, at seat section, to ground levet. Cat Is weighed with one battery, without mattress and restraints. Heavy duty two- or three- stage IV poles 700 lb weight capacity with an unassisted lift rapacity of 500168 patient right or left) Permanent or removable oxygen bottle holders Load wheel height ran be set between 16" and 36 foot end) Stryker reserves the right to change sperifiratiom without write. Sealed flat mattress in- service video included with every order. Premium mattress The Power- PRO is designed to conform to the federal Specifscathm for Dual wheel lode the Star- of- Life Ambulance KKK- A- 1822 E. Head eerterwon The Power- PRO is designed to be compatible with competitive not p81owEquipment hook 1'a fa eniU t rs pending. t pendin& Backrest storage pouch l C) DIVED Head end storage flat DeWAL1" battery charger( I2v, l lOv and 220v 03- SFM- 2328 JAN 2 8 2DQ9 models au hdable) with- 152 Re, 3 i5w • w. ap.• am .. a9s, to Dear r SnOWmasB. JIL• 3ye Community OeyelWrnent DRIVE AT CLINIC - RECOMMENDED EQUIPMENT rWES TPAD J o. rt, Gillespie Corporation FOUNDED IN 1923 34 PINE STREET, P. O. BOX 359 WARE, MA 01082- 0359 TEL: 41Y967- 49M FAX 4131967- 9534 WEBSITE: w+. vi, a: llesaiecorp. com E- MNLsatesr@oillesoiecora. com i Ij1• i 1! 2` i++. iE C LEAP January ib: 2009 J Re: Snowatass Base Village Gurney Lift This letter is to state that the gurney lift being designed for Snow- mass Base Village will f_ l, f LZAx meet or exceed the safety requirements of ANSUASME A 18. 1 Safety Standard for r._ o. ii. Platform Lifts and Stairway Chairlifts. Variances may be required for capacity and platform area. The gamey lift will be sized to accommodate a 24" x84" stretcher, and will have a capacity of 2, 000 lbs. Sincerely, f o - John C. Linsley i Engineering Manager Gillespie Corporation 1_ _ r/ Li_____ /_ S_ __ f ! i! J i j /,'- rI- i i- i' SnOwnass. dN 1 IIOwmaSS. dOC 1 s' i V T5 f,g . jC— 000 ibs g Y- 6, rh n U 0'.. r LLEAR I . ' STi, 7--- — I gIr r* hods. Nr; d ;, nr. e PLAN VIEW 4,2' high lcncirrJ nuiv: g ptes rlth In: erl" ks RECEIVEDJAN 2 8 1009 Snowmass Villayrt Community Developmew t RETAINING WA BELOW umunm r.- ruau. na Z7, t-- r j J ¢ O L LLJ o F cn ERU LU n o 0 J 5 co Service d j-- co 5 rd JLij I= Sla Rd Md FaciuesConywWFacines MOUNTAIN Excbsors CLUB ReSldef6HlShxllo j 2 FLOOR PLAN l_ J = tl REdfOIXil r.• n 3 Bedroom A 6eoraomLock- off tiy_,IV Ol x,+ rtWpun RECEIVED A2. 1 . 2 LEVEL P2 - A2. 1 . 2 - PROPOSED rRELATED NNW V1/ ESTPAC SNOWMASS BASE VILLAGE Building 8 Wnor • Amendment Januory 2009 i ' Y it O O II I II IIN L oil I1 I I I f El J IL f i I it ii c o i% .•' i. . I ,• L II II I I Ir lf l 1••'. 1 W/ 0 Who i 4y I I I I II I I 4. Y EMPLOYEE HOUSING UNITS y 9f ll ORECEIVEDIiAJ 7 G ', 1fi^ AS CURRENTLY PROPOSED SNOWMASS BASE VILLAGE wsrP ac January 14, M r' n E- 1LOwER E- 2 B- 1: J' E- 1LOW Retai& Re9aJ2rt 1t Sb ReL and Facities l• i CoTvru* FaclSOes C V2 Exckisions C- 1 c Raadert al Studio I Be& ocxn OL11R0 LEVEL FLOOR PLAT• 2 Bedroom 17- 1 = 3 Bedroom 4 BedroomLock- o(1 RECEIVEDJAN 2 8 2009 Snowrnm dolage omrrnmity De+ lekxr THIRD LEVEL - A2. 1 . 6 - PROPOSED RESAPED BASE minor . Amendment January • 0. mm Ur Dm 00 RECEIVED IAN 2 8 2009 snarmw.rPeWpe oar Dewiep 01 DEVELOPMENT BASE VILLAGE,SNOWMASS,COLORADO BUILDING 9DEVELOPMENTSTATISTICSV1512009 PROPOSED MINOR PUO AMENDMENT 1 ANi'T C`-I:r 'yn •Inll/ P-^, 1.2 1 Y11*6 Aml i v Too Untl 4 NMn-ter' +fin U:. M010 STUOID JNIT loweiM1140"ini/SUDIOHO a.WF/HA 0 2 O 0 S NIA.A M 0 1 0 T,497 ONE Beoftoom _UNIT 41 1 1_2* 1156 0.S000 NE BEDROOM I,;iSS ! 0.6m OIfOIEDhCON L"T&t -- - O.@= ON BDROOM UWT&1 7,216 O - O NE BEDROOM LIMIT 95 1 t 1,1fi' 751 0. ._ ONE OEOAOOM LMT&1 1 1 7,E16 1 O.B000• C`i[Ot:OROCM I/10T 61 1 7 vim 1,2j{ OAODL O+:E PFORCOU LUT B•2 uR+7u LMT 64 I 7 1 1 1018 0. o,DROOM UNIT O.S 1 1 7 1,000 1.000 0. A an r.l 1 1 1.190 4v, v:O BFCYL':JI.I LOCK 1.15W TWO REORCOM LOCK N:•;;J 1 1 Lm 10 I.ISW TWO RE(1RCUle_LOOK JNIT C4' I 1 7 1,2500 WO EtCROOAI LOCK Nfi CQ 1 1 KI >;AO 1.7500 O P[Of?,`qM IOCK 44I'O! I I 70711 T 0. En'O UL0 iWA LOOIS i, IG ISLE.? l!X.+( 5 1 t 7'.7% L766 1.3500 I'WOdcCRC058 LODK w:Gi 1 I 1,910 1.. 1.1500 i HREE IACIROOM OCK IJ1111 R2 I 1 1 t6M 2.(wI nPEe Eeon Y7i.T cen rt; ' 1 I E ReorxrlM LCK•K ___;;v'cI .-_ 7 1 MO- Lffi00 I-ReFRFDRCN)MI.Or* UNITt}I 1 UVP,9EU 90014 TY/O LCCK UN^El TOWER 7 1 Il 1• . TOUP P_FORCOM T1VO l^Ck: UNIT En -LOWER 1 1 q T250C fuRdEDFlOOAI YOiAK uNREI i UnPLR i 1 M •UU0.6ED1v0 LG6K oNff L.t UPPLF 1 1 1 r NOON•. OTWVDLOROC,W,,QCK i«T E2 LQYV611 I 1 1 LfE9 i 1Y 1W,5FIW'IA.O:r R.T 1 1 1,135_ 1106 V ',lEE U.URCQN2 15A]K LN:I E-3 1 1 LYpIGI ReiL03nfAY3uDbbl 3-6% 7.6% I 17Y.0 i lAatt.Pda 5 E 7 0 N Sd¢}93 Z RMOEMDALSOMMARY Uhl-,3:FL.O7R u 2 5 7 2 299 W... N NETARFA 0 0 9,185 _9.000 1 i{0 13,17'10021 66,a14 ++RSnO 6NARlIDAREA J 2.019_ },OS7 L845 1,551, L&7 1,5 C 1057p D Emlipm m.:1'; o i•+3' 0 0 0 _ o D c v.• 4 !,US :.115 1,051 1.611 1391 0 rrOP 0ROB$AREA.NE1.3NARED 7AP 1+215 1:.]05 !d,]o) 1!812 !1,107 0 50115 RET.LL{RIiSTAUMNT SUMMARY 32J 0 0 1150 0 0 0 0 N 5.6'7: OIIWEA.CIAI.SF{1YIOEH I:UMMAR'_ - 0.7Dt 9.789 aL7 ' -'!Iy10 6 u o D 70,221 RACK OF HOUSE LOW W ZLOBBY Li76 ELEVATOR LOBBYA3[NR OO4IE8 ipT6 4W {57 1. O ELEVATOR_ 252 LUGGAGE 251 CORRIDOR 016 !T5p 2 STORAGE BLIOTEL KITCHEN 0 C SIO RELATED FACILITIES SUMMARY 0 _5710_ 0 0 0 0 0 0 F2t0 PUTURE CLL3 MC LCCKER 5210 0 COMMVNITYFAOIL9TIE55UMYARY 231 50.11 _4 ifa- 0 0 0 0 0 D VN{N'iT EC SPACE CJNIC 214.__._ S.C< 501LO8105117MMARY a 5W'SS FLOCS AREA LT2 15.:25 15..18; 15.271 74:T9T 74,819 •t 92; m RESIDENTIAL 0 .2042 1:234 •30'. 11797 'AA': '•4027 Z COMMFRC!ALSERVICES ESOG Y.:.X 6'i:0 0 0 J u Ir,2i1 PETAIL A RESTAUPANT 3%, G I 1 0 3 1 3.oc 0 W P,ELATE'3 FM.111IES q 7'0 J 0 t 1 yr CCMtJUK4TYFPC0TI?$ 22, <3{ 8,79.1 0 m Z BLDG. 8 PLANT SCHEDULE- TREES SYROM GUAM. BOTANICAL NAME COMMON NAME SIZE TREES 2 Ma d Spnn Srr w Sw G S CreD we 25' CA` 4 g 6 epy 2 PopWua apg mt WW wrmwleal aeonrroW r CAL Popdua anprMddle wnwrm rotlmtaa' rd 4* CAL I Pppukm an9wtl/ aW wrtoxloal cnaonavop0 WTALL 9 % pukes 6srmAdde Ouakkq• apse Zr CAL. r i U Popo9mbwm idm OuekiW wpar 3' CM. 17 Popmba Wldw amdp9 ww 4' CAL. r l u'• 4r.a ` as. II 1' 4 PopuMabomuWl making span 9' CAL. 4 T F jay. t pie Enpemami Erol an Spin 12- u' x"} 1 r3q ` t R.... EnpamarXl 61pMmen Space 1619' f. .. A -', u F . Wr y,I ra r a a` Sif ff . fir , ` 7 `.- t Pk n2 ov NLn fpvice 1617 p,_.! fi, •' tt y '•: s Rae argon.. CdoradobLeapucu WIS. S 1i tv FL 4 Rw Wn9ana Wbraao bbA aPru 1618' 1 PbeDrn9ena Cdpredo hfua• prat. 22- 27 2 R Ab wrmabr gdtte r 12- 14' s` , 1 A6inlw cpncukn WMts r 1619 i / i'.. c ' JQ f[ } 1 Rnw aMleta srwt% mra We 19- 17 a. 1 Rmaa edMala SrktMaropina 12 1 1 Pantlabo9a mwrrl O \ / t l `` yy(r` Dpg Flr 12- 14' 3 PmudoWL4p mI DwW Flr 12- 14' 2 PD WOWP maaea pxW Flr 161e 61 d g o y I' F7 1 ate.=' '..+ j Ill - mac, Is RELEY . works LJ JAN 2 8 20U9 design, inc. A1 I Jj // 1T) } j rjnowma55 VIIoO" r" IN 3W Rkg1by C4 L" 110 o f Y Va 1 li-' l ta vl, f joffmun a, DPyO.,..-:•.•• p dCalE Y] Ol! %/ De . CO9mte J an,,, " 1 p 303. 433. 4257 f 307 433. 4359 BLDG. 8 PLANT SCHEDULE- TREES swea ouAN aD, AN1uL uANF cowDN r. L1F mrr_ s G PP P10N1% pgENS COLCNLJO SPRUCE 12 YYJJ J PM PICEA YV W" VAR G: AUG4 COtfYU0O8LLESPPoN£ 12' l S PM PI AP W% S VNR GLAU04 Gd ONID0BLUE SPRUCE 2G J PE PIQA li ENGELAL4NNlRL 10 PiCE/ 1E.N( iLFM 11 E' iGElANIM8PN11CF 11 PiGEAENpELM v 16' 2 PA POPULUSANOUS11PMA NAHNOWIFAF fgT10NW000 SCAL L O f PA POPIILUS AN J" FOUA N FROW1E WITONW000 4• CK. 1 PA roPUWSANGUSII!•- 0Ll4 NARROLVLFM CO, TONWOOD SSTALL k_J 1T PJ POPLlU9 iFfEMULOCE9 a NGA6 2SCAL. 7 P1 POPIlLUS7REMULOVES Q NGJ N S' CAl 1/. 7 V 1 PT POPUL491RFM11: dDES O NG ASPEN T L AG AGER GlA5RW FMJfI( VMWNIAL`/ MMIF SCAU. IP u AT u, us 76ru1FCLU 7NWLEAC UGEP rauNP Snow storage shown in blue hatching ice/ 4 i"/ . i 1i - t 3 9 7 10 J. 1 a worksl c3 8 RECEIVED MAP 1e:; , t„ e. y, 6. es1 JA. N 2 8 200U rL. r-- J 3457 RlnpeOy CL VnN 110 1 0 1: Jn NORJN Dourer, CO 60218 p. 303. 433. 42671. 303433. 4369 snaxmeos lid E nJO. a rdTIr11UnRV gPVe:(`,: JTIP•, O/ O asp A3D. /" s,.FAMI sv(/ I+ P 1 . i i IPr <` irCJ c1. 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