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02-17-09 Town Council Packetd 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: DRAW SITE UPDATE/INVENTORY OF HOUSING SITES Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Listen to update Russell Forrest and Design Workshop....................Page 1 (TAB A) Item No. 5: 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 Wahlstrom/Chris Conrad.................................Page 41(TAB B) Item No. 6: 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 121(TAB C) Item No. 7: PUBLIC HEARING AND DISCUSSION: SNOWMASS CLUB CIRCLE PRELIMINARY PUD AND REZONING Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Discuss with Applicant 'M ulti- Family' Rezoning, revised PUD and amendment to proposed Snowmass Club Circle development project. Jim Wahlstrom........................................................Page 126 (TAB D) Item No.8: RESOLUTION NO. 7, SERIES OF 2009: LIQUOR TERMS Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Pass clarifying resolution to comply with Section 2-253 of Snowmass Village Municipal Code John Dresser......................................................Page 217 (TAB E) Item No. 9: MANAGER'S REPORT Time: 10 minutes) Russell Forrest..................................................Page 221 (TAB F) Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 231 (TAB G) Item No. 11: APPROVAL OF MEETING MNUTES FOR: JANUARY 20. 2009 AND MARCH 19. 2007.................................................. Page 233 (TAB H) Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 253 (TAB 1) Item No. 13: EXECUTIVE SESSION...........................................Page 255 (TAB J) Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss two items: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24-6-402(4)(e) and Snowmass Village Municipal Code Section 2- 45(c)(5); and b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Item No. 14: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 3 hours and 20 minutes excluding items 1-3 and 10-14) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. i TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: UPPER DRAW SITE DATE: FEBRUARY 17, 2009 PURPOSE AND DIRECTION REQUESTED OF COUNCIL The purpose of this discussion is to review the preliminary design work completed by Design Workshop to evaluate the Upper Draw Site for the potential for affordable housing units. Council is requested to review the presentation and provide direction on next steps. I.BACKGROUND Dating back to 1985, the Draw property has been designated as a site for employee housing. The construction of the Town Hall building changed the amount of developable land remaining. In 2008, the Town Council asked the Housing Department to evaluate the site for affordable housing. Design Workshop was engaged to develop several alternative concepts that are summarized in the attachments. II.OPTIONS The attachments from Design Workshop illustrate several alternatives for developing the draw site for affordable housing. The significant limiting factors of the site include: Size of the parcel Steep slopes and the need for significant regrading Access to the site and the need for retaining walls Ability to provide parking Pedestrian access is challenging due to the steep slopes Utility extensions are necessary to the site Based on the apparent cost to simply provide the site access work for any of the options, staff also asked Design Workshop to provide a scope of work to conduct a land inventory for housing sites. This is also a recommended action in the Draft Comprehensive Plan for affordable housing. III. STAFF RECOMMENDATION Staff would recommend that a land inventory be completed prior to spending any additional funds on the Draw site. With the apparent infrastructure costs of developing on the Draw site, staff believes the Town Council should examine several different ideas for housing projects that the land inventory could evaluate. Attached is also a proposed scope for conducing a land inventory from Design Workshop. The Town could also do a competitive Request for Proposals for this scope. To be consistent with recommendations for other new actions/projects, staff would recommend that any new actions be reviewed and considered in the May time frame when staff anticipates giving Council a comprehensive budget update. PAMANAGERASOmemo 090RAW SITE2.doc Affordable Housing Study Snowmass, Colorado 1/28/09 Russell Forest Town Manager-Town of Snowmass Village P.O. Box 5010 Snowmass Village, Co 81615 rforrest @tosv.com RE: Site Analysis Proposal- Additional Services Town of Snowmass Village Affordable Housing Dear Russ, This letter is for your consideration for the completion of Additional Services associated with the identification and evaluation of sites within the town for affordable housing suitability. Based on our conversation on November 6, 2008 we understanding that the following services will be required: Task 1: Site Identification. Evaluation criteria will be developed to identify candidate sites for further investigation. Task 2: Site Evaluation. Each candidate site will be evaluated based on a number of factors to investigate such as parcel ownership, size, access, utilities, topography, zoning, environmental constraints, soil conditions, land use and zoning, views, sun, and adjacent land uses. Task 3: Site Potential Analysis. The potential for affordable housing to be built on the sites will be determined by a number of physical attributes such as acres of usable land, density possibilities, total units appropriate for build-out, parking availability, and feasibility of development. Task 4: Site Comparison. All sites with physical potential for affordable housing development will be compared regarding the number of units, acres of developable land, constraints, costs, timeliness, and quality in order to rank the best opportunities. The scope of work will be completed on a time and materials basis anticipated not to exceed $22,000. This proposed scope of work is an additional service to the January 18, 2008 Reno-Smith Architects LLC, and Design Workshop contract authorized with Director of Housing Department, Joe Coffey for the Design Services Proposal: The Draw Site- Housing. Sincerely, K ,"..,.G A,, 5- Richard Shaw Design Workshop COP) OVAj40,4 a' rv) n 0 z Table of Cotttettts S iI C AualvNis Site LocationComprehensive Plan 2- 5 Vegetation & Drainage 6 Site Conditions — 7 Slope Analysis . . . . . 8- 9 Utilities. . . 10, 11 Circulation 12, 13 Viemshed . . . . . . . . . . . . . . 14. 15 Site Photos . . . . . . . . . . 16, 17 Site Alternatives Building Assumptions 18 Road Feasibility 19 Alternative I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21- 23 Alternative 2 24- 26 Alternative 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27- 29 Alternative 4 30- 32 Alternative Summary 33 Table of Contents DESIGWORKSHOP t mss - q 1 r NW1 4. lillp fj P n3 Ot g Zoning- 1998 Comprehensive Plan COMPREHENSIVE PLAN CONCLUSIONS: Future Land Use Portions of the site are understood to be open space/ conservation as determined by topographic slope greater than 30%. The remainder is identified as multi- family residential. ZoningSpecial Planned Area ( SPA): The number of units, use, height and density required for the site is not specified- meaning the SPA would establish a specific plan for use and development parameters. Snowmass Village Buildout Analysis Draw Parcel C & D Future Land Use: Multi- Family Residential Existing Zoning: SPA- 1 Future Number of Dwelling Units: 60 Draw Parcel E Future Land Use: Open Space Existing Zoning: SPA- 1 Draw ( SLC)Future Land Use: PUBLIC Existing Zoning: CC- PUD Future Commercial: 150, 000 sq. ft. Comprehensive Pull Conclusions 11W DESIGNNUII Public Dedication Conditions Parcel D was deeded from Snowmass Center Limited Partnership to theTown on May 19, 1985. The deed contains a provision that the Town shall not have the right to use the subject property for any purpose other than employee housing or open space. Parcel C was deeded from Mount Baldly Investors to theTown on August 17, 1988 and thereby relived MBI of the obligation to build 51 employee units. Parcel E Subdivision Plat states that the property is dedicated to the public use for purposes of open space and community facilities. Environmental Constraints Not within the Brush Creek Impact Zone. Not within the Elk Seasonal Activity areas. Not within the Mule Deer Seasonal Activity areas. No Sensitive Wildlife identified within the site. Parcel Size Draw Parcel C is 4. 8 Acres Draw Parcel D is 3. 39 Acres Draw Parcel E is 8. 6 Acres Comprehensive Plan Conclusions DESIGNUORKSHOp l 1 LEGEND AAID EWIIN4Ka[ II.rM nxuuc4tr, qpb SITE CONDITIONS: GeologyCTL/ Thompson, Inc. 1998 Report for the Draw Resident Housing Development indicates: Soil suitable for development I6"+ topsoil to 18- 43 feet of sand clay and weathered claystone. Unweathered claystone bedrock of the Mancos formation below. Bedrock below 18', no development impacts anticipated. No ground water found in drilling holes. Cut and fill slopes not to exceed 3 to 1. Debris catch- basin is not necessary. DrainageNo channelized surface water flow on the site- all sheet drainage. A surface water/ debris flow analysis was not conducted for the Town Hall construction because there was no record of debris flow on the site. A temporary debris basin was included in the Town Hall construction at the request of the approving body- It was not a requirement of the geotech or civil engineer. VegetationOak brush - no substantial vegetation. Potential need for vegetation thinning for fire mitigation. Site Conditions DESIGWORK, 1101' Slope h Analysis CONCLUSIONS:SlopeOf Parcel D, only 1. 55 acres have 30% or less existing slopes. 30% or greater slopes were created with the construction of Town Hall and the debris basin. Much of the slopes are greater than 45%. The steep slopes create a narrow area of developable land. This is challenging for constructing buildings, but more significantly, it creates challenges for designing roadway access. Slope Analysis DES IGNNAORKSRol' l X Page 1Q TOWN HALL UtilitiesTen inch diameter water, sewer, and storm is provided to the end of the town hall drive. Gas can be connected to with little difficulty. Shallow utilities ( telephone, internet, etc.) do not extend beyond the town hall.ParkingThe minimum number of spaces recommended in the town hall parking study were created on the site. A roll- over curb along the town- hall road allows for 20 additional parking spaces.RoadwayThere is 220 linear feet of 12% grades with snowmelt on the lower part of the town hall road. The cost analysis indicated it was a less expensive option to the construction and maintenance of an S% road ( Cost analysis done by Civil Engineer 2007). Utilities DESIGNNORNSI H)1' LEGEND WOIIMN61f 11111111111'. iFLPoBEDGIWPxn r / t i f. CIRCULATION FINDINGS: Vehicle Circulation A single access is available for development. Pedestrian Circulation There is currently very minimal foot traffic through the Upper Draw site. Most circulation ends at theTown Hall, but trails are often used for outdoor activities seasonally. It will be very difficult to promote foot/ bike traffic on site because of extremely steep grades. TrailsExisting Mountain View Trail that travels through Upper Draw site. Some of the trail may need to be redirected to allow for development. Gondola Access Gondola proposed on Snowmass Center site. Can be accessed through series of trails on Upper Draw site. SidewalkThe sidewalk ends at the town hall doors and does not follow a direct route to the Upper Draw site. Circulation oesiGWOR & LEGEND Page 14 7L- 77 FINDINGS:ViewsHigh quality views from all locations within the site. Views into the site are minimal unless viewed at a distance on the ski runs. S tI IlSouthern aspect allows for high sun exposure during daytime- hours. J vAim, Z Viewshed P VIEW 1 View West to Base Village 77 mow: . 1{.= mss VIEW 2 View South to the Upper Draw Ridge Iwo. . UPPER DRAW PROPERTY Site Alternatives Ja OFSIf. i1{ ONK! VIpPz II.\\'View to Eastern Portion of Upper Draw Site VIEW 4 View from the Southern End of the Site to Town halt PROGRAM SUGGESTED BYTHE HOUSING AUTHORITY 50% Studio and 50% One- bedroom with Lofts A fewTwo- Bedrooms 0. 75 parking spaces per bedroom Studio448 square feet minimum size 550 square feet maximum size One- Bedroom 550 square feet minimum size 750 square feet maximum size Two- Bedroom 750 square feet minimum size 1, 080 square feet maximum size Building Assumptions INP? l A kvo, Toad Hall FJOSONG DIIAD OF MY 1$ 4I FORROADCON MION END OF ECISTING ROAD Eu• wy 0.[h 1 r-- m i EmaEaWiqRetl Road Feasibility Y n 1 V. Alternative 1 200 Cubic Yards of Fill 29, 000 Cubic Yards of Cut 24, 000 Face Feet of Walls 22, 000 Square Feet of Roadway( 750 Linear Feet) 5259, 000 Mass Grading 3, 600, 000 Walls S68, 500 Roadway 3, 927, 500 Total Estimated Cost for Site Access J r 1 f N7 It PROPOSED fAH001A A Alternative I 1 A 18 Units 20 Parking Spaces B 18 Units 19 Parking Spaces C I8 Units Proposed Contours I9 Parking Spaces Existing Contours 50 to 54 Estimated Units Cross Section Study 58 Parking Spaces Pedestrian Circulation ConCePtUal a Alternative paw - W Wl. my w b Section A-A Downhill Units s..a r• iow m rau 1- Studio Parking 0- One Bedroom 9 Surface Spaces p I- One BedmnVLoft 11 Covered Spaces I- Two Bedroom en amvx 1 yaw.. en n L RW I BNuomvsimo r,tl .. SurvnPMly mod III 2Mm J Section 6-B Downhill L' nits sal-- iov 1- Studio Parking 0- One Bedroom B Surface Spaces I- One Bedroort Loft 11 Coved Spaces b 1- Two Bedroom a Lea amnrmwn p• `/ l Itlohww m_ lv b 9udo Section C-C Uphill Units xx. mov xmu I- Studio Parking p 0- One Bedroom 9 Surface Spaces I- One Bcdmnvl oft 10 Covered Spaces I- Two BedroomSection- Altemative I DEW a fOHNkQ10N 10 P0. 0P09FDGONDOIA 1 A Al Alternative 2 A 33 Units 20 Parking Spaces 9 16 Units 19 Parking Spaces C 14 Units Proposed Contours 19 Parking Spaces Existing Contours 58 to 63 Estimated Units 4 Cross Section Study 58 Parking Spaces Pedestrian Circulation 1 r L M Y AReraative 2 200 Cubic Yards of Fill 37, 000 Cubic Yards of Cut 19, 000 Face Feet of Walls 22, 250 Square Feet of Roadway( 750 Linear Feet) 331, 000 Mass Grading j 2, 850, 000 Walls S70, 000 Roadway 3, 251, 000 Total Estimated Cost for Site Access Road Layout- i.n c mwl j A CurWo• A 1aNrweu ItlNi.. mu CWO tl r.i. L°J° I lbtopnn pn.l Su.l.. N JVm o fC CaInYM ion A-A UohilUDownhill L1niLS radio 20 Parking Space .' or Mimi ! Inc Bedroom Inc Bcdroorn/ Loft wo Bedroom x..en a.m., Itle4wev A SWn N_ tl Ci. Cli. Y 11W CunyuJ Wtl N N B-B Uphill Units a.m r-la•. a^ a tudio 19 Parking Spaces am Inc Bedroom N N N Inc Bedroom/ Loft wo Bedroom w cwl. m. Ia w IBM. nw r r r Y. 8Yi A A ion C-C Uphill Unit E1,r'-I,..n.. tudio 19 Parkin S I- B aces P slaw rm Inc Bedroom N Inc Bcdroom/ Loft wo BedroomSection- Altemative 2 DES i PROPo4ED CANDOId v r ^ I\\ Alternative 3 22 Parking Spaces 3 32 Units 28 Parking Spaces 26 Units Proposed Contours 28 Parking Spaces Existing Contours 70 to 76 Estimated Units Cross Section Study 78 Parking Spaces Pedestrian Circulation Conceptual Plan- 1, ly i Alternative i 0 Cubic Yards of Fill 32, 000 Cubic Yards of Cut L_`— 7, 000 Face Feet of Walla 17, 250 Square Feet of Roadway( 550 Linear Feet) 5288, 000 Mass Grading 21, 050, 000 Walls 54, 000 Roadway 1, 392, 000 ToW Estimated Cost for Site Access Road • B. kmy Lell _ I LLYwm LuR p 1 ER S:I 1 tltpmm v Mwl ' IB[ yinrnv Section A-A Terraced Units s.. mr IBa 2- Studio 22 Parking Spaces 0, One Bedroom 1- One Bedroom/ Loft 0. TWo Bedroom ran 1e.ae. et.nIbWm« W a IBwlm« ien f BwmR« f Lm sem 10.S, Section B-B Terraced Unit 5„L j s S- Studio 28 Parking Spaces u rm'r" riv° se 1 sww D- One Bedroom 2- One Bedroun Loft 1ei°° BVUi° 1 Two Bedroom 6. I.n 0 IbNrmn( nl m 114EmmwLWu 9f Section C-C Terraced Unit S. Studio 28 Parking Spacesr5 1 One Bedroom 1- One Bedroom/ Loft ve. 1- 7Wo Bedroom tlediwn° of sdw xowe, I aeLmn« ss ° K, J- X• LVNNCRION TO PRUPWtD WNUOLA E a Alternative 4 A 54 Units Proposed Contours 42 Parking Spaces Existing Contours 50 to 54 Estimated Units Cross Scction Study 42 Parking Spaces Pedestrian Circulation COIICCPtLial Plan- Alternative 4 D, V Alternative 4 0 Cubic Yards of Fill 25, 000 Cubic Yards of Cut 6, 000 Face Feet of Walls 11, 500 Square Feet of Roadway( 3l0 Lincar Feet) 2225, 000 Mass Grading S900, 000 Walls 236, 000 Roadway 1, 161, 000 Total Estimated Cost for Site Access Road Layout- Altemative 4 DE B. 1ml Ionn 1 ItlNrvm LeN i0 19eNwmw ClmiYim U Sutlw l I M® Ld 11 R 0 r HB scion A-A Tertaced Units - i . r- 3- Studio 42 Parking Spaces 0- One Bedroom 2- One BedrwnVLolt I- Two Bedroom Number ofSpaces Alternative Estimated Estimated Parking Number of Units Number of Fire Access Estimated Costs Bedrooms Parking Spaces Building Mass/ Per Bedroom Height Grading/ Walls Alternative 1: Isolated individual Re- grade site 20 Stacked housing 50 to 54 72 58 Complete buildings feet lower, 3.9 M with carport and 0. 81 surface parking significant walls Alternative 2: Clustered housing 58 Clustered housing Substantial with underground 58 to 63 69 0. 114 Complete on the entire re- grade 3.3 M parking developable site Alternative 3: Terraced housing educed g 70 to 76 87 7g Alternative Housing built into re- grade and 1.4 M with underground 0. 89 access methods the land parking walls Alternative 4: Reduced road 47 One housing unit Limited location access with 50 to 54 62 0. 76 Complete located adjacent of re- grade 1.2 M central housing to town hall to the site a for MEMORANDUM TO: Town Council members FROM: Chris Conrad, Planning Director, and Jim Wahlstrom, Senior Planner DATE: February 17, 2009 meeting SUBJECT: CONTINUATION OF 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 continued public hearing and following up on 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 WestPac, LLC Planner: Jim Wahlstrom, Senior Planner I. PURPOSE AND ACTIONS REQUESTED OF TOWN COUNCIL: The purposes of the meeting are to: a. Conduct the continued public hearing; b. Follow up the review of the proposed updated 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 proposing 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 February 6, 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 (3/4) of the members of the Town Council present and voting. 1 II. BACKGROUND. As similarly noted in the staff reports for the January 20, 2009 and February 2, 2009 meetings, the applicant submitted a supplemental amendment package, this time dated February 6, 2009, as further updated on February 11, 2009, and as updates to the materials previously submitted on January 15 and January 26, 2009 (updated as received on January 28'h). The amendment package includes a development agreement for the proposed vertical circulation in Building 7 (Arrival Center), the construction schedule, cost estimates of the construction, a scope of work description, and floor plan drawings. This amendment now includes information from the Metropolitan Districts' counsel further explaining the long-term maintenance of the garage and transit center area as well as the ownership and operation thereof. It notes that an easement for the transit center and loading area was provided on July 24, 2008. The supplemental amendments also include the latest clinic staging and patient transfer area signed by the stakeholders. More details concerning the planned fire truck/ambulance lay-by area off of Wood Road have been provided. The amendment proposes how the 323 square feet of required employee housing would be mitigated to expanding an employee unit up to 381 square feet. Other changes include floor area revisions, F.A.R. changes and updated landscape plans. In essence, the proposed modifications are still considered amendments that technically should not be considered until accepted as an application amendment at the February 17'h Town Council meeting. Nonetheless, the previous drafts of the supplemental and amendment items were presented by the applicant at the former Council meetings on January 20th and February 2nd. Staff also referred in advance the material to affected Town Departments and referral agencies for review and comment due to the apparent urgency of the matter. 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, and again, 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. III. APPLICABLE REGULATIONS. Amendment to Final PUD. For the proposed changes to qualify as a minor amendment pursuant to Code Section 16A-5-390(1)b, the amendments must comply with the review standards outlined below per Section 16A-5-390(3): a. Consistent with original PUD. The proposed amendment shall be consistent with, or an enhancement of, the original PUD approval. b. No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. 2 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. 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 "B" 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 otherwise 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 Hearing Notification. The public hearing notice was published in the Snowmass Sun on January 14, 2009 for the initial hearing scheduled and held on February 2, 2009 that was continued to this meeting on February 17, 2009. The applicant submitted signed affidavits for the mailing and posting of the public hearing notice. 3 IV. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS TOGETHER WITH SUMMARY OF STAFF FINDINGS AND RECOMMENDATIONS Pursuant to the meeting on February 2, 2009, staff finds that the applicant has attempted to address the identified issues for a Minor PUD Amendment and the proposed amendment supplement 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 even though it is referenced in the supplemental amendment. In the end, the proposal is for a variance up to 139,763 square feet on Lot 3. At the meeting on February 2, 2009, Town Council found that the extra 58 square feet of employee housing (i.e., 381 minus 323 sq. ft.) was not a sufficient community purpose for this variation, but that it could qualify as a mitigation credit. 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 if an acceptable community purpose has been offered for the floor area variation modification and whether such community purpose is achieved as a result of granting such floor area variation modification. The applicant is also seeking a temporary F.A.R. variation modification in accordance with the 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. 4 It was determined at the meeting on February 2, 2009, that action on the subdivision exemption resolution affecting the temporary FAR variation should be acted on concurrently with the ordinance for the Minor PUD Amendment. Employee Housing: Please reference the February 2, 2009 staff report for a detailed explanation on how the employee housing requirement (e.g., 323 sq. ft.) was calculated for the Building 8 Minor PUD Amendment. The Applicant submitted an amended design on February 6, 2008 to accommodate the additional 323 square foot employee housing requirement for the Building 8 Minor PUD Amendment 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 consideration at the February 17th Town Council meeting. To further complicate the employee housing mitigation requirement for Building 8 is the fact that the building contains 4,794 sq. ft. of space that has yet to receive use approval by the Town. An additional 928 sq. ft. of employee housing 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. This application is scheduled for initial review by the Planning Commission on February 18`h. Further comments will be provided at the Town Council meeting on February 171h as needed. Staff Recommendation: Staff believes that the proposed additional 381 square feet on the P2 level per the amendment submission of February 6, 2009 would mitigate the remaining requirements for Building 8. However, the proposed amendment should first be accepted prior to consideration at the February 17`h meeting. Landscape Plan: At the meeting on February 2, 2009, it was determined that the proposed landscape plan for the Building 8 site that increased the number of trees from 76 to 106 with 15% oversized specimens was equal to the original landscape plan of 76 trees with 39% oversized trees. A finding stating the above noted information has been made in the attached ordinance. Staff Recommendation: It is 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 (for Buildings 6, 7 and 8) 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 5 construction landscape plans. This plan should be implemented if construction ceases for 12 consecutive months pursuant to Condition #2 in Ordinance 21. Clinic Staging Area: The updated supplemental amendments show that the affected stakeholders have signed off on the latest clinic staging and patient transfer area plans, including a proposal for a fire truck/ambulance lay-by area off of Wood Road. Again, Town Council should determine whether to accept the amendment at the meeting on February 17`". See the language under the 'Fire District Issues' sections. Staff Recommendation: Following review of the previous amendment submission, there were questions concerning some of the design aspects and maintenance provisions concerning the proposed fire truck/ambulance lay-by area. Notations have been added on the supplemental amendment plans as needed. The responsible party for the maintenance of said lay-by area should be defined. The lay-by area would be within the public rights-of-way, and the Town is responsible for snow removal or maintenance of the street and adjoining sidewalks. As a suggested condition in the ordinance, the Applicant should resolve any outstanding comments from staff with the subsequent construction plans for Building 8. Town Council should determine whether to accept the amendment supplement prior to consideration and action of attached Ordinance 2. Emergency Access Drive: As previously indicated, please see the attached supplemental amendment, which shows a gate arm for the emergency access drive that includes 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 2"' meeting. Staff Recommendation: As previously recommended, the emergency driveway now appears to be restricted. Development Agreement related to Transit Center and vertical circulation in Building 7: Backaround: You will recall that discussion during the February 2 meeting identified certain issues that needed to be addressed by the Applicant, including: 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 fagade; 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. The Applicant has submitted an updated Development Agreement titled "Building 7 Essential Public Facility' and it has been included as part of Exhibit "B" of the ordinance that is part of the Applicant's supplemental amendment dated February 6, 2009. Performance of the terms and conditions of the agreement are subject to whether they are able to receive timely approval of this Minor PUD Amendment for 6 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 was continued for re-consideration and separate action by resolution at the February 17`h meeting together with concurrent review and action of Ordinance 2. 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. Staff has drafted a finding and action language in attached Ordinance 2 for the temporary F.A.R. variation request for re-consideration at the February 17`" meeting, subject to the Council accepting the supplemental amendment. Development Agreement: Staff is continuing to evaluate the agreement document received last Wednesday and may provide comments at the meeting. Development Agreement Exhibits: The new exhibits attached to the agreement document clarify or address a large majority of the issues identified by staff or during the February 2 Town Council meeting. The development agreement with the supplemental amendment provided more detail concerning the scope of work proposed for the vertical circulation in Building 7 and the transit center. For example, a) a guarantee was added that the temporary Building 7 would be completed prior to C.O. for Building 8 and the construction schedule notes its completion by November 23, 2009; b) a stairway has been added on the floor plans for the vertical circulation in Building 7 in addition to two elevators, and two escalators that move in one direction; c) a radiant heating system is being provided in the transit garage per the construction plans; d) transit office details are provided; e) conduit and connections for CCTV and variable message signage will be provided within the Transit Center; and f) the applicant proposes $20,000.00 for transit center benches, trash receptacles, ski racks, and public art. Comments are provided below with staff possibly providing further comments at the Town Council meeting on February 17" as needed. Comments Regarding Scope of Work (Page 1 of Exhibit A discussed by section): With the exception of the few items listed below, Staff finds that the Scope of Work addresses reasonably foreseeable needs to provide a functional Transit Center and provide vertical conveyance to the plaza level. General: Item No. 19 (Maintenance) needs to clarify that the future list of maintenance responsibilities should include snow build-up and ice removal, particularly in pedestrian areas. Arrival Level: Item 8 agrees to provide 7 overhead radiant heaters as approved by the Town. It now appears that there is not sufficient ceiling height clearance along the west side of the Transit Center to enable ceiling mounted heaters. The Applicant is aware and considering alternatives. The scope of work for this level also needs to include striping. Transit Related Needs: Item No. 2 (Antennae) needs to enable chase or conduit cable access for the roof antennae installation. 7 Long Term Maintenance: Please refer to Section 2 of the Applicant's February 6 Supplemental Information" notebook for information from the Special District Counsel to the Base Village Metropolitan Districts discussing the relationship of the Metro Districts relating to ownership and operation. Each memorandum references certain documents not included within their submission. The cited documents will be emailed to each Town Council member for reference. Copies will be available for viewing at the Planning Department or may be emailed to interested parties upon request (Email: kholliday@tosv.com). Staff Comment: The Amended and Restated Consolidated Service Plan for the Metro District ("Service Plan": Not Provided) indicates they will be responsible for: The design, acquisition, installation, construction, operation and maintenance of public transportation system improvements, including transportation equipment, gondolas, tramways, cabriolets and appurtenant landing sites, transit center, park and ride facilities and attendant parking lots and structures, roofs, covers, and facilities, including, but not limited to facilities for the commercial structures and for the conveyance of the public consisting of public restrooms, escalators, elevators, bus bays, buses, automobiles, and other means of conveyance, and structures for repair, operations and maintenance of such facilities, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities or systems:' They do, have the ability to amend the plan as stated in the February 11 memorandum found in Section 2. There is nothing in place at this time that is specific to or fully descriptive of the long-term level of maintenance that will be provided. This needs to be established as part of the Intergovernmental Agreement that would be entered into between the Town and Metro District at the time they take possession of the Transit Facility. Staff recommends that the Town initiate discussions with the Metro District now to establish an interim IGA clarifying roles and responsibilities rather than waiting until they take possession. Town's Right to Use. Operate and Control the Transit Center: The Base Village Subdivision Improvements Agreement stated that the developer would cooperate with the Town: 'Yo cause the Metro District and the Town to enter into an easement or intergovernmental agreement granting to the Town the right to use, operate and control the Transit Center after the completion thereof...". Staff recollection was that in 2004 it was very clear that the Town's authority to control the use of the Transit Center was absolute. The Development Agreement calls for a final IGA agreement between the Metro District, Town and RFTA. Council may wish to consider the language in Section 1.7 of the Development Agreement and find whether that is acceptable. V. OTHER HEADINGS RELATED TO THE TOPICS Attachments: 1. Edited version of Ordinance No. 2, Series of 2009, without the exhibits; and 2. Final version of Ordinance No. 2, Series of 2009, including Exhibit "A" of the summary of amendments, usages and development parameters, and Exhibit "B" excerpts of the Applicant's supplement amendment dated February 6, 2009, as further updated February 11, 2009, including the proposed Development 8 Agreement involving the vertical circulation components in Building 7 (Arrival Center) and transit center features. Separate Handouts Previously Issued: Application notebook dated November 18, 2008 together with 11" x 17" drawing set illustrating the proposed changes. Separate Handout for this meeting: Supplemental Amendment Package submitted by the Applicant on February 6, 2009, as further updated as of February 11, 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. 9 ATTACHMENT 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 or 27 clerestory area above the lobby area and relocating an employee unit from the P1 level 28 to this P2 level area resulting in two employee units on the P2 level thus increasing the 29 employee housing mitigation square footage provision; g) adding a side entrance and 30 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 4`" 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 louvers 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 garage 44 entry from one to two doors and adding a clearance sign; o) adding a ,canopy at the 45 porte-cochere entrance and at the pedestrian entrance to the Clinic off Wood Road; p) 46 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 the 51 height variation limitations to provide ventilation equipment for the elevator tower located 52 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 on 59 January 7, 2009 together with a special meeting on January 14, 2009 to receive an initial 60 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; 73 and 74 75 WHEREAS, on January 15, 2009, as further updated and received on January 76 26 and 28, 2009, and on February 6, 2009, as further updated February 11, 2009, the 77 Applicant submitted a supplemental amendment to the Minor PUD Amendment 78 application, as attached hereto and incorporated herein by reference, that includes: a) a 79 written description of all the amendments proposed, b) a Development Agreement titled 80 'Building 7 Essential Public Facility' with further information that includes a scope of 81 work description, a construction schedule, a construction cost estimate, and site layout 82 and floor plan drawings illustrating the proposed vertical circulation, and a Ached-de 83 layout 6 Fand a guarantee for the completion of Buildino 7 in its entirety and the 84 interim vertical circulation within the building, c) a letter from the Metropolitan District #1 85 and #2's special district counsel explaining the long-term maintenance provisions for the 86 infrastructure, parking garage, loading facility and public transit facility and related 87 circulation components within Base Village, including the ownership and operation 88 thereof, d conceptual renderings of the interim fagade treatment for Building 7 that are 89 intended to evaluated and finalized through a separate amendment process for Building 90 7, de) clinic staging and patient transfer platform plans, elevations and details, including 91 drawings of the emergency access drive and proposed fire truck / ambulance lay.-by 92 areas off of Wood Road next to Building 8, ef) updated P2 level floor plans showing the 93 increase of the employee unit on the P2 level by 381 square feet replacing previous 94 BOH space to satisfy the employee housing requirement for Building 8, fg) updated floor 95 plans of the 3`d level to clarify or confirm the number of lockoffs at 19 in Building 8,-@) 96 modification of the development statistics matrix for Building 8 to account for the 97 increased employee housing area and the recessed exterior alcove for the clinic along 98 the ski back trail, h) updated proposed planting plans for the Building 8 site, aA44D 99 landscape plans for the Phase 1 B or Lot 3 area of the Base Village P.U.D. Final Plat; 100 a temporary F.A.R. variation of 1.9:1 for proposed Lot 3A of 1.16 acres for the Building 8 101 site with the accompanying subdivision exemption application for a Lot 3 lot split, and 1) 102 applicant offered improvements for the transit center such as benches, trash 103 receptacles, ski racks and public art:and 104 105 WHEREAS, the Town Council was scheduled to review the application at an 106 initial meeting on January 20, 2009 to consider first reading and action on this ordinance, 107 followed up by a public hearing on February 2, 2009 and a continued public hearing on 108 February 17, 2009 to consider and act upon the second reading of this ordinance; and 109 110 WHEREAS, said application was scheduled for review and consideration 111 pursuant to Section 16A-5-390 of the Municipal Code. 112 113 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 114 Village, Colorado: 115 116 Section One: Findings. The Town Council hereby finds that: 117 118 1. The Applicant has submitted sufficient information pursuant to Section 16A-5-390 of 119 the Municipal Code to permit the Town Staff, the Planning Commission, and the 120 Town Council an adequate review of the proposed Minor PUD Amendment. 121 122 2. Public hearing notification requirements were scheduled to be met for this application 123 pursuant to Municipal Code Section 16A-5-60, including the Applicant's submittal of 124 the signed affidavits for the mailing and posting of the hearing notice that were 125 submitted on January 21, 2009. 126 127 3. Except as may be noted within Section Two below, the application is compliant with 128 the applicable review standards specified within Section 16A-5-390(3) of the 129 Municipal Code. 130 131 Section Two: Specific Findings. The Town Council specifically finds that: 132 133 1. Consistent with the original PUD. The proposed modifications must be found to 134 be consistent with, or an enhancement of, the original PUD approval. 135 136 Lot 3, Base Village Planned Unit Development, contained Buildings 6, 7 and 8. The 137 variations requested for the original building were represented as being necessary to 138 provide "hotel-like H.O.T. beds". The units were "designed and programmed to be 139 H.O.T. beds by virtue of, (a) their size and layout, (b) the hotel-like amenities 140 associated with Base Village, (c) the ski-in/ski-out location of the units, and (d) the 141 rental management program that will be made available to unit owners (the "New 142 H.O.T. Beds)". 143 144 The Town Council finds that the proposed amendments to Building 8 are an 145 enhancement to the original BV PUD provided that an additional lockoff unit and 146 employee unit would be created as part of the amendment requests. 147 148 2. Buildout/ Unit Equivalency/ Unit Re-configuration. Town Council Ordinance No. 149 4, Series of 2008 (Building 13A Minor PUD Amendment) together with Ordinance 150 No. 9, Series of 2008 (Building 4AB Minor PUD Amendment), confirmed that the 151 maximum allowed Unit Equivalency ("UE") for the Base Village PUD may only be 152 amended to be 391.4 UE.; Further, there is Ordinance No. 17, Series of 2008 153 Building 13B Minor PUD Amendment), which was approved January 20, 2009, 154 which authorized the increase of 2.95 UE for Building 13B from 41.25 to 44.95 UE 155 thus increasing the overall UE cap for Base Village from 391.4 to 394.35 UE. 156 Therefore, in order for any future further amendment to the Base Village total UE to 157 be considered, the applicant must satisfactorily explain in the context of all 158 reasonably foreseeable amendments to the BV PUD the necessity for any increase 159 in the total UE. 160 161 With the proposed amendments to Building 8, the application proposes an 162 amendment to the buildout variation or increase in the unit equivalency by 1.65 U.E., 163 from 43.15 (pursuant to Record of Decision [ROD] #8) to 43.20 (pursuant to ROD 164 31) to 44.85 U.E. per the current proposal, which is a result of the proposed 165 modification of the unit types and sizes, the additional lockoff on the P1 level, the 166 reconfiguration of Unit E-3 on the top 4'" Level (per previous administrative 167 modification), and the proposed expansions of Units E-1 (2) and E-2 into the unused 168 attic space below the roof line on the 41" Level.- In this case, the 1.65 UE increase 169 for the Building 8 amendments would result in the cumulative UE cap increase in 170 Base Village from 394.35 to 396.00 UE, which is acceptable. However, there remain 171 concerns of the ongoing incremental increases of the unit equivalency by individual 172 amendments beyond what was original established at 367 unit equivalents in the 173 original Base Village approval per Ordinance No. 21, Series of 2004. 174 175 The Applicant's proposed community purposes for the buildout variation increase are 176 outlined on pages 3 and 4 of Section 1 in their application notebook, primarily 177 focusing upon encouraging sustainable development. However, the original Base 178 Village proposal's community purposes for encouraging sustainable development 179 focused upon the provision of improved connectivity as one of the elements, 180 including a transit facility to the central parking structure to be used by the Town 181 I shuttle and RFTA. The Development Agreement received Januaryy 29, 182 2999February 6, 2009, as further updated February 11, 2009 (Attached as Exhibit 183 B") provides for the timely delivery of transit and vertical circulation as previously 184 envisioned by November 2009; however, it deesdid not earlier provide for full 185 infrastructure and amenities anticipated in Building 7 (Arrival Center) by the original 186 PUD. Without the transit.facility as one of the means to encourage sustainable 187 development for the original Base Village project, it iswould be difficult to justify 188 I sustainable development as it pertains to the current amendment proposal. without 189 the transit fas+lify- Therefore, the community purposes assured in the supplemental 190 amendments, including the current development agreement received danaary-29, 191 2899February 6. 2009, as further updated February 11, 2009 (Exhibit "B"), are 192 satisfactory to justify the increase in the buildout variation for Building 8. 193 194 The Town Council finds that the proposed 1.65 UE increase in Building 8 may be 195 permissible as it primarily involves the proposed modification of the unit types and 196 sizes, an additional lockoff on the P1 level, the reconfiguration of the Unit E-3 on the 197 4'" Level per previous administrative modification, and the proposed expansions of 198 Units E-1 (2) and E-2 into the unused attic spaces below the roof line on the 0 level. 199 The proposed buildout variation increase for Building 8 would not be detrimental to 200 the original BV PUD subject to the Applicant providing athe justifiable community 201 purpose as offered in the supplemental amendments and development agreement. 202 203 3. Employee Housing. Employee housing requirements of 12,047 square feet were 204 previously calculated for Building 8 with 1,000 square foot mitigation being provided 205 in Building 8 and the remainder mitigated elsewhere on the Base Village site or off 206 site. Building 8 included a 1,000 sq. ft. one-bedroom employee unit as part of the 207 original BV PUD. 208 209 In referencing the employee housing requirement calculations in the First 210 Amendment to the Base Village Restricted Housing Agreement ("First Amendment') 211 pursuant to Ordinance No. 3, Series of 2007, together with Ordinance No. 4, Series 212 of 2008, for the Building 13A approval, the previous modifications per Record of 213 Decision No. 8, and the proposed changes in Building 8 would require 12,295 square 214 feet of employee housing, or an increase of 248 square feet. 215 216 The First Amendment specified a mitigation requirement of 12,047 square feet of 217 employee housing for Building 8 and indicated that 1,191 square feet would be 218 I provided within Building 8. The Applicant prepeseshad proposed to provide 1,116 219 square feet in thine original amendment application. This 75 square foot shortfall 220 plus the 248 square feet of additional mitigation equals a total requirement of 323 221 square feet. 222 223 Town decision makers have previously recommended or required that any additional 224 mitigation floor area required by the recent Minor PUD Amendments above the 225 amount specified within the First Amendment be provided within the subject building; 226 The exception being that the additional housing required by Building 13A could be 227 mitigated within either Building 13A or 13B. 228 229 The Applicant's submitted amended design on January 15, as updated on January 230 I 26 and 28, 2009, as further updated on February 6. 2009, as further updated 231 February 11, 2009, to accommodate the additional 323 square feet requirement on 232 the P2 level, by increasing thean employee unit by 381 square feet to accommodate 233 a two-bedroom employee unit, is acceptable and satisfactory for mitigating the 234 remaining employee requirements for Building 8. 235 236 4. Total Floor Area / Maximum F.A.R. According to the Final Base Village PUD 237 Guide, Lot 3 of the Base Village P.U.D. Final Plat, where Building 8 is planned for 238 construction together with Buildings 6 and 7 (Arrival Center), contains 2.48 acres or 239 108,028 square feet. A minimum lot size variation was previously granted with the 240 Final PUD to permit an F.A.R. of 1.29:1 for Lot 3 as the MU-2 zoning requires a 241 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 242 139,356 square feet. 243 244 In Building 8, the proposed floor area change from 92,386 square feet (per previous 245 modification approval) to 95,839 square feet would increase the total approved floor 246 area for Buildings 6, 7 and 8 on Lot 3 from 136,715 (per the Final PUD) to 139,763 247 square feet. Therefore, the proposed floor area would be 407 square feet more than 248 the allotment of 139,356 square feet. 249 250 While the Final PUD Guide has the availability of 2% increase of the F.A.R. by way of 251 an administrative modification application, this request to exceed the maximum 252 F.A.R. limit for Lot 3 was not administratively applied for by the Applicant. Therefore, 253 the App!'Gant is applying at thiG to Me fGF a R abGelute max imum of 142,143 sElwaFe leet 254 as a fleeF aFea YaFiatiOR. 255 256 The Town Council finds P9FFRi# iPgjhat an administrative 2%- floor area limit 257 increase for Lot 3 to be OnGFeased to 142,143 square feet te—beshould not 258 aesept allowed, and therefore, shall be xedused—testated as a maximum of 259 139,763 square feet in order to accommodate the existing approvals for Buildings 6 260 and 7 as well as only Building 8 as proposed. 261 262 The Applicant's proposed additional 58 square feet above the required mitigation 263 employee housing, which was created by adding 381 square feet on the P2 level to 264 mitigate the balance of 323 square feet, Wis not a satisfactory community purpose 265 for the floor area variation modification and such community purpose is/is not 266 achieved as a result of granting such floor area variation modification, but may be 267 shown or provided as a mitigation credit as noted in attached Exhibit "A:' 268 269 5. Skier Services. The Skier Services space for the planned Mountain Club in Building 270 8 would be reduced by approximately 400 square feet due to the proposed egress 271 corridor on the P2 level. Such a change slightly affects the overall employee housing 272 requirements and parking demand for Building 8. The proposed change is 273 acceptable. 274 275 6. Building Height Variation Increase. The Town Council has reviewed the two 276 height variation modifications involving, a) a 1.08-foot increase for the roof pitch 277 facing Wood Road near the northeast portion of the building, and b) a 5.08 foot 278 increase from 52 to 57.08 feet for the elevator shaft tower facing the south pedestrian 279 plaza side of the building. 280 281 Town Council finds that an additional V-0" height variance from actual height 282 variations approved was granted per the previous Final PUD height variations, and 283 the Planning Director is allowed to grant an additional V-0" foot above that standard 284 per the Final PUD Guide subject to the Applicant applying for an administrative 285 modification. However, the first height variation modification is 286 reasonable pursuant to the 'encourage better design' community purpose offered by 287 the Applicant, and the first height variation is therefore acceptable. 288 289 Concerning the second height variation change, Town Council finds that the height 290 increase for the elevator tower (to 8484'-0") is approximately two to three feet above 291 the main, highest roof ridge (at 8481'-2") for Building 8 and that it would likely be 292 difficult to observe from Wood Road or Brush Creek Road and would have a greater 293 impact upon views from the pedestrian plaza or Fanny Hill, and the views from 294 surrounding properties would not be substantially adversely affected. The higher 295 elevator shaft, as a result of the needed room for ventilation purposes, appears 296 designed as a tower or copula feature that might necessarily enhance the functional 297 design on the south side of Building 8 and in terms of being compatible with the 298 height, mass, scale, orientation and configuration with other structures in the PUD 299 and with adjacent structures, is therefore acceptable. 300 301 7. Building Architecture. With the exception of the proposed awnings, in addition to 302 those related to the modifications to the clinic staging area, which could not be 303 evaluated at this time due to the lack of information, the proposed modifications to 304 the Building 8 architecture appear insubstantial and are therefore approved. 305 306 8. Landscape Plan. The proposed planting plan for the Building 8 site shows in 307 increase in deciduous trees from 53 to 75 and an increase in coniferous trees from 308 23 to 31 for a total increase from 76 to 106 trees. The Final PUD plan had 309 approximately 40 percent of,the approved 76 trees as oversized specimens and the 310 proposed plan has approximately 15 percent of the proposed 106 trees as oversized. 311 However, due to the increase of trees by approximately 39 percent, the proposed 312 planting plan for Building 8 islis Ref acceptable. 313 314 9. Parking. The parking required and provided for the 27 units in Building 8 remains 315 unchanged at 21. The parking required for the clinic is 19 spaces,and 21 spaces are. 316 provided in the garage below the clinic. The parking demand anticipated for the food 317 and beverage outlet on the village level is 13 spaces for the estimated 104 indoor 318 and outdoor seats. The amount of restaurant seating currently permitted in the Base 319 Village core is 1,020 seats, of which 701 seats have been currently accounted as 320 part of existing or approved food and beverage tenant spaces. The Building 8 321 restaurant would increase the seating count within the core to at least 805 seats, and 322 Town Council finds that future food and beverage within the core might be 323 constrained by the 1,020 seat cap until the Base Village Parking Management Plan is 324 amended. 325 326 The parking provided for the skier services space or Mountain Club remains at 57 327 spaces, not including the additional 52 valet parking spaces. The future usage(s) for 328 the unentitled space has yet to be evaluated or mitigated. 329 330 Overall, the parking provisions necessary to meet the demand for Building 8 and its 331 amendments at this time are acceptable. However, even though the residential 332 parking in the garage amounts to 164 spaces, and the existing and approved 333 residential of 196 units in the core requiring 147 spaces plus the 11 existing and 334 approved employee units in the core requiring 11 spaces are below the residential 335 allocation, there are outstanding concerns about documenting or reserving the 336 location of thea parking space for each of the employee units as well as where such 337 spaces would be allocated among the provision for 12 employee unit parking spaces, 338 per the parking management plan, within the designated residential parking areas in 339 the garage. 340 341 10. Clinic. The clinic space, designated as "Community Facilities" in the original PUD, is 342 proposed for reduction from 5,987 square feet, as approved in Record of Decision 343 No. 8, to 5,668 square feet. The reduction occurs in order to improve emergency 344 access to the clinic and to provide a corridor to create a necessary second access 345 point to the employee units on Level P-2. The necessary reduction in square footage 346 is acceptable. 347 348 11. Fire District Issues. The Snowmass-Wildcat Fire Protection District indicated they 349 had concerns as of December 31, 2008 pertaining to the planned side entrance and 350 loading platform and/or the patient transfer platform and the ambulance access 351 thereto. 352 353 During first reading of this Ordinance, the Town Council was made aware that the 354 Applicant was working to address the concerns about the clinic's patient loading 355 platform, the tight configuration thereof, snow shed concerns, the need for a man-lift, 356 the desire for an acceptable interface with the adjoining ski-back trail, and the 357 adequate size for a staging area and patient transfer platform for emergency 358 purposes. 359 360 The Applicant has submitted an amended design on January 15, 2009, as further 361 updated and received on January 26 and 28, 2009, as further updated as of February 362 6, 2009, as further updated February 11, 2009 (see attached Exhibit "B") to address 363 the concerns, and such plans havelhave not been accepted by the affected 364 stakeholders, and is therefore acceptablelnet-asseptable. 365 366 12. Timing. Town Council finds that: 367 a. The 2007 CMP Amendments were approved showing the completion of Building 368 7 by November 2009 and Building 8 by April 2010; 369 b. Pursuant to the 2008 Construction Management Plan (CMP) Amendment, 370 Buildings 4AB, 5 6, 7, 8, 9AB, 9C and 11 were to have begun construction 371 between April 14, 2008 and November 27, 2008; 372 c. When the 2008 CMP Amendment was approved, on March 31, 2008 by Record 373 of Decision #23 per Town Council's directive, the CMP only granted the timing, 374 phasing or CMP changes up to April 2009; 375 d. It is now apparent that the construction timing and phasing for Base Village could 376 potentially be longer than anticipated, and there is an obvious necessity that a 377 new CMP amendment application be submitted whereby the Applicant needs to 378 revise the time table in their construction management plan or the phasing in the 379 PUD for future building construction; and 380 e. Following discussions with the Applicant, it was agreed that said application will 381 be submitted by no later than March 31, 2009. 382 383 13. Development Agreement. In consideration of the previous commitments or 384 representations by the Applicant, and the community's interest to have the Transit 385 Center operational by November 2009 pursuant the Applicant's current timing 386 estimates and representations in their construction management plans, the Applicant 387 has offered the Development Agreement, received as part of supplemental 388 amendments to the application on daRywy 29, 2009February 6, 2009, as further 389 updated on February 11, 2009, and attached as excerpts hereto as Exhibit "B", 390 incorporated herein by reference;. 391 392 The Town Council 4ndsearlier found during the meetings on January 20 and 393 February 2, 2009 that such proposal for the vertical circulation from the transit garage 394 to the village pedestrian level needs to be designed in a user-friendly interim fashion 395 for arriving guests and visitors and recognizesd that the Village Level Arrival Center 396 Building would require further design specific approval. The Town Council further 397 finds that because there are numerous infrastructural accommodations (such as 398 substantial public toilet facilities, arrival accommodations, etc.) that were found to be 399 critical for arriving guests and visitors, a mechanism sgedld behas been found via the 400 applicant supplemental amendments submission of February 6. 401 2009, as further updated on February 11, 2009, including the acknowledged 402 development agreement, whereby there is certainty that Building 7 is completed as 403 approved, or as may be amended, in a timely way. 404 405 14. Other Review Standards. In addition to addressing the criteria above for 406 consistency or enhancement of the original PUD, the proposed amendments to 407 Building 8, (a) would not have a substantially adverse effect on the neighborhood 408 surrounding the land where the amendment is proposed, or have a substantially 409 adverse impact on the enjoyment of land abutting upon or across the street from the 410 subject property, (b) would not change the basic character of the PUD or surrounding 411 areas, and (c) would comply with other applicable standards or as generally 412 addressed per the core issue findings and recommendations stated above. 413 414 15. Lot 3 Subdivision Exemption. The Applicant has submitted a subdivision 415 exemption application to permit a temporary lot split of Lot 3, Base Village. Lot 3A of 416 the subject lot split would be 1.16 acres in size and contain Building 8 which, as 417 approved by this Ordinance, will be 95,839 square feet in size. The F.A.R. for Lot 3A 418 would be 1.9:1 where the Base Village PUD F.A.R. for Lot 3 in total is 1.29:1. The 419 Town Council finds it to be acceptable to grant a temporary F.A.R. variation for Lot 420 3A subject to approval of the subdivision exemption application and the terms and 421 conditions of Resolution No. 4, Series of 2009. 422 423 Section Three: Action. Subject to the conditions contained in Section Four below, the 424 Town Council hereby approves the Minor PUD Amendment to Building 8, as further 425 described within the referenced application documents listed below. 426 427 The Town Council specifically accepts and approves: 428 429 1. Minor PUD Amendment. The Minor PUD Amendment to Building 8, as 430 summarized in attached Exhibit "A"; 431 432 2. Maximum Buildout / Unit Equivalency variation modification. An amendment to 433 the buildout variation or increase in the unit equivalency by 1.65 U.E. for Building 434 8, from 43.15 (pursuant to Record of Decision [ROD] #8) to 43.20 (pursuant to 435 ROD #31) to 44.85 U.E. per the current proposal, resulting in the cumulative LIE 436 cap increase in Base Village from 394.35 to 396.00 UE. 437 438 3. Maximum F.A.R. variation modification for existing Lot 3: From 136,715 (per the 439 Final PUD) to 139,763 square feet for Lot 3, Base Village P.U.D. Final Plat. 440 441 4. Maximum Height variation modifications: a) Increase in measured height near 442 northeast portion of building off Wood Road, Point 'A' by 1.08 feet as a result of 443 lowered finished floor of the parking garage below the clinic; and b) increase from 444 52 feet to 57.08 feet measured from finished grade for the elevator tower on the 445 south side next to the pedestrian plaza. 446 447 5. Amendments submitted January 15, 2009, aG w3dated a6 FGG9WW January 26 448 and 28. 2009, as further updated and received on February 6. 2009, as further 449 updated on February 11, 2009 (Exhibit "B"), incorporated herein by reference that 450 include in excerpt fashion: a) a written description of all the amendments 451 proposed, b) a Development Agreement titled 'Building 7 Essential Public 452 Facility' with further information that includes a scope of work description 453 construction schedule, a construction cost estimate, and site layout and floor plan 454 drawings illustrating the proposed vertical circulation, and a 66hedulelayeut 455 GhaA, and a guarantee for the completion of Building 7 in its entirety and the 456 interim vertical circulation within the building, c) a letter from the Metropolitan 457 District #1 and #2's special district counsel explaining the long-term maintenance 458 provisions for the infrastructure, parking garage, loading facility and public transit 459 facility and related circulation components within Base Village, including the 460 ownership and operation thereof, d)G) conceptual renderings of the interim 461 fagade treatment for Building 7 that are intended to evaluated and finalized 462 through a separate amendment process for Building 7, de) clinic staging and 463 patient transfer platform plans, elevations and details, including drawings of the 464 I emergency access drive and proposed fire truck / ambulance lay-by areas off of 465 Wood Road next to Building 8, ef) updated P2 level floor plans showing the 466 increase of the employee unit on the P2 level by 381 square feet replacing 467 previous BOH space to satisfy the employee housing requirement for Building 8, 468 fg) updated floor plans of the 3rd level to clarify or confirm the number of lockoffs 469 at 19 in Building 8, gh) modification of the development statistics matrix for 470 Building 8 to account for the increased employee housing area and the recessed 471 exterior alcove for the clinic, hi) updated proposed planting plans for the Building 472 8 site, and-ij) landscape plans for the Phase 1B or Lot 3 area of the Base Village 473 P.U.D. Final Plat; k) a temporary F.A.R. variation of 1.9:1 for proposed Lot 3A of 474 1.16 acres for the Building 8 site with the accompanying subdivision exemption 475 I application for a Lot 3 lot split, and 1) applicant offered improvements for the 476 transit center such as benches, trash receptacles, ski racks and public art. 477 478 6. Temporary F.A.R. variation modification for proposed Lot 3A: In accordance with 479 and subject to the terms and conditions of Resolution No. 4, Series of 2009, 480 granting subdivision exemption approval for a lot split involving Lot 3, an F.A.R. 481 Limit temporary variation of 95,839 square feet for Building 8 only on proposed 482 Lot 3A, being 1.16 acres in size, is hereby granted permitting the F.A.R. Limit for 483 Lot 3A to be 1.9:1, subject to the understanding that the variation shall only apply 484 during term of the temporary exemption plat and that it would eventually be 485 vacated or voided, at which time the variation shall be void and the maximum 486 F.A.R. Limit shall revert back to the 139,763 square feet or 1.29:1 F.A.R. Limit for 487 Lot 3 as originally approved in the Base Village PUD and subdivision plat. 488 489 Section Four: Conditions. As conditions of the final approvals granted herein, the 490 Applicant will comply with or implement the following: 491 492 1. Additional employee housing restrictions. The Applicant: 493 494 a) Shall comply with the provisions in the Base Village Restricted Housing 495 Agreement or the First Amendment thereof, in particular the restrictions 496 concerning the initial sales price, rental rates, and assessment provisions for the 497 two employee housing mitigation units within Building 8. Further, the units shall 498 be filled by the Town's Housing Office pursuant to the 'Town's Housing Office 499 Policies and Procedures' as may in effect from time to time; 500 501 b) Provide Condominium Documents for Building 8 that will reflect that the 502 assessments, whether general or special, shall be allocated to each employee 503 housing unit in Building 8 shall be no more than 50% of the share otherwise 504 attributable to such employee housing unit as calculated in accordance with the 505 assessment formula set forth in the documents pertaining to the free market 506 units. The Condominium Documents shall not permit this provision to be 507 removed or amended without Town approval; and 508 509 c) Record a restrictive covenant on each employee housing unit approved by this 510 Ordinance designating each unit as restricted housing subject to the 511 requirements of Chapter 17 of the Snowmass Village Municipal Code, Base 512 Village Restricted Housing Agreement and Town Housing Department 513 Guidelines in effect at the time of condom iniumization. 514 515 2. Buildout Variation Modification. With future amendments applications, the 516 applicant, successors or assigns shall demonstrate how the project at full buildout 517 would be able to achieve the previously established buildout limit of 367 unit 518 equivalents approved with the original project per Ordinance No. 21, Series of 2004. 519 520 2-.3. Building Architecture. The Applicant shall submit a material / color sample of 521 the proposed awning at the porte-cochere and the clinic entrance, including any 522 signs or lighting proposed, for review to the satisfaction of the Planning Director prior 523 I to the issuaRne At a bui4R9 permission to install or prior to issuance of a final 524 Certificate of Occupancy for Building 8. 525 526 311. Landscape Plan. The final landscape plan drawings for the Phase IB area on 527 Lot 3 in Base Village shall be reviewed and approved to the satisfaction of the 528 Planning Director in accordance with Condition #2 in Ordinance No. 21, Series of 529 2004, prior to issuance of further building permits on Lot 3 affecting either Building 6 530 or 7, but not necessarily the temporary vertical circulation as described or illustrated 531 in attached Exhibit "B," and the interim landscaping intended for installation in front of 532 Building 7. 533 534 4.5. Parking for Food and Beverage uses. If and prior to when the 1,020 seat cap 535 for food and beverage outlets within the Base Village core might be compromised or 536 exceeded, the Applicant shall submit for consideration an amendment to the Base 537 Village Parking Management Plan including justification of the adequacy of the 538 parking provisions and associated demand. 539 540 &a. Parking for employee units. The Applicant shall document the location of the 541 parking space for each of the employee units as well as where such spaces would be 542 allocated among the provision for 12 employee unit parking spaces, per the parking 543 management plan, within the designated residential parking areas in the garage to 544 the satisfaction of the Planning Director prior to the issuance of a Certificate of 545 Occupancy. 546 547 5:7. Fire District Issues. In reference to the attached Exhibit 'B" amendment 548 involving the clinic staging area, the Applicant shall remain flexible and work toward 549 final resolution concerning any remaining outstanding issues regarding the clinic's 550 patient loading platform and any other related design aspects, including feselution A 551 552 GGFRM8At6 Feferenspd NA rexhibit "G," in the design of the fire truck / 553 ambulance lay-by off of Wood Road, with the subsequent construction plans for 554 Building 8 to the satisfaction of the Town Manager prior to issuance of a building 555 permit for Building 8; and, that the emergency access drive for ambulances and 556 related emergency equipment shall be restricted for the usage of the clinic space 557 only as implemented by a gate arm as referenced in attached Exhibit "B." 558 559 8_Timing. It is imperative that the construction 560 management plan for Base Village, including the possible re-phasing thereof, be 561 amended, submitted for review by March 31, 2009 and considered or acted upon by 562 the Town prior to April 30, 2009. 563 564 7-:9. Additional Circulation. If at the time of review and approval consideration to 565 amend Building 7 Arrival Center or the interim facade / landscaping treatment 566 thereof, the Applicant shall take into account whether the currently planned single 567 one-way escalator movement within Building 7 is sufficient between the transit center 568 and the village level. 569 570 Section Five: PUD Enforcement. The terms and conditions of this Ordinance and the 571 Minor f UD Amendment Application and modifications thereto approved hereby, are 572 enforceable by the Town without restriction in accordance with the provisions of Section 573 16A-5-380(a), Enforcement of approved PUD plan, of the Municipal Code. Enforcement 574 in favor of residents, as contemplated in Section 16A-5-380(b) of the Municipal Code is 575 hereby limited to fee simple owners and the master association. 576 577 Section Six: Severability. If any provision of this Ordinance or application hereof to 578 any person or circumstance is held invalid, the invalidity will not affect any other 579 provision or application of this Ordinance which can be given effect without the invalid 580 provision or application, and, to this end, the provisions of this Ordinance are severable. 581 582 INTRODUCED, READ, AND APPROVED, as amended, on first reading on the motion 583 of Town Council member Wilkinson and the second of Town Council member Butler by a 584 vote of 4 in favor and 1 against, on this 20'" day of January 2009 (Council member 585 Lewis against). 586 587 READ, APPROVED, AND ADOPTED on second reading on the motion of Town Council 588 member and the second of Town Council member 589 by a vote of_ in favor and _ against, on this a-17`" day of February 2009. 590 591 TOWN OF SNOWMASS VILLAGE 592 593 594 595 Bill Boineau, Mayor 596 ATTEST: 597 598 599 600 Rhonda B. Coxon, Town Clerk 601 602 APPROVED AS TO FORM: 603 604 605 606 John C. Dresser, Jr., Town Attorney 607 608 Attachments: 609 Exhibit "N' — Summary of amendments, usages and development parameters. 610 611 Exhibit "B" — Supplemental amendment to the application, including in excerpt fashion 612 the Development Agreement titled "Building 7 Essential Public Facility," explanation of 613 the long-term maintenance provisions of the infrastructure, parking garage, loading 614 facility, transit center and related circulation functions, latest clinic staging and patient 615 transfer platform design, modified floor plans for the expanded employee unit, updated 616 1 development statistics matrix, and planting plans for Building 8, guarantees for Building 617 17 Arrival Center, and offered improvements in the transit center, received as updated on 618 daauaq 29,2000February 6, 2009, as further updated on February 11, 2009. 619 620 2909 frem the TewR Engineer 621 622 lay by aFea e# of Wood Plead. 623 624 Reference Material: 625 Application Notebook and 11" x 17" drawing set dated November 18, 2008; 626 Staff Report to the Town Council for the January 20, 2009 meeting; 627 628 Staff Report to the Town Council for the February 2, 2009 meeting.-; 629 Staff Report to the Town Council for the February 17, 2009 meeting; and 630 Supplemental amendments, including the development agreement, updated as 631 received February 6. 2009, as further updated on February 11, 2009. ATTACHMENT 2 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 or 27 clerestory area above the lobby area and relocating an employee unit from the P1 level 28 to this P2 level area resulting in two employee units on the P2 level thus increasing the 29 employee housing mitigation square footage provision; g) adding a side entrance and 30 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 4'" 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 louvers 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 garage 44 entry from one to two doors and adding a clearance sign; o) adding a canopy at the 45 porte-cochere entrance and at the pedestrian entrance to the Clinic off Wood Road; p) 46 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 the 51 height variation limitations to provide ventilation equipment for the elevator tower located 52 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 on 59 January 7, 2009 together with a special meeting on January 14, 2009 to receive an initial 60 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 73 74 WHEREAS, on January 15, 2009, as further updated and received on January 75 26 and 28, 2009, and on February 6, 2009, as further updated February 11, 2009, the 76 Applicant submitted a supplemental amendment to the Minor PUD Amendment 77 application, as attached hereto and incorporated herein by reference, that includes: a) a 78 written description of all the amendments proposed, b) a Development Agreement titled 79 'Building 7 Essential Public Facility' with further information that includes a scope of 80 work description, a construction schedule, a construction cost estimate, and site layout 81 and floor plan drawings illustrating the proposed vertical circulation, and a guarantee for 82 the completion of Building 7 in its entirety and the interim vertical circulation within the 83 building, c) a letter from the Metropolitan District #1 and #2's special district counsel 84 explaining the long-term maintenance provisions for the infrastructure, parking garage, 85 loading facility and public transit facility and related circulation components within Base 86 Village, including the ownership and operation thereof, d) conceptual renderings of the 87 interim fagade treatment for Building 7 that are intended to evaluated and finalized 88 through a separate amendment process for Building 7, e) clinic staging and patient 89 transfer platform plans, elevations and details, including drawings of the emergency 90 access drive and proposed fire truck /ambulance lay-by areas off of Wood Road next to 91 Building 8, f) updated P2 level floor plans showing the increase of the employee unit on 92 the P2 level by 381 square feet replacing previous BOH space to satisfy the employee 93 housing requirement for Building 8, g) updated floor plans of the V level to clarify or 94 confirm the number of lockoffs at 19 in Building 8,h) modification of the development 95 statistics matrix for Building 8 to account for the increased employee housing area and 96 the recessed exterior alcove for the clinic along the ski back trail, i) updated proposed 97 planting plans for the Building 8 site, j) landscape plans for the Phase 1 B or Lot 3 area of 98 the Base Village P.U.D. Final Plat; k) a temporary F.A.R. variation of 1.9:1 for proposed 99 Lot 3A of 1.16 acres for the Building 8 site with the accompanying subdivision exemption 100 application for a Lot 3 lot split, and 1) applicant offered improvements for the transit 101 center such as benches, trash receptacles, ski racks and public art; and 102 103 WHEREAS, the Town Council was scheduled to review the application at an 104 initial meeting on January 20, 2009 to consider first reading and action on this ordinance, 105 followed up by a public hearing on February 2, 2009 and a continued public hearing on 106 February 17, 2009 to consider and act upon the second reading of this ordinance; and 107 108 WHEREAS, said application was scheduled for review and consideration 109 pursuant to Section 16A-5-390 of the Municipal Code. 110 111 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 112 Village, Colorado: 113 114 Section One: Findings. The Town Council hereby finds that: 115 116 1. The Applicant has submitted sufficient information pursuant to Section 16A-5-390 of 117 the Municipal Code to permit the Town Staff, the Planning Commission, and the 118 Town Council an adequate review of the proposed Minor PUD Amendment. 119 120 2. Public hearing notification requirements were scheduled to be met for this application 121 pursuant to Municipal Code Section 16A-5-60, including the Applicant's submittal of 122 the signed affidavits for the mailing and posting of the hearing notice that were 123 submitted on January 21, 2009. 124 125 3. Except as may be noted within Section Two below, the application is compliant with 126 the applicable review standards specified within Section 16A-5-390(3) of the 127 Municipal Code. 128 129 Section Two: Specific Findings. The Town Council specifically finds that: 130 131 1. Consistent with the original PUD. The proposed modifications must be found to 132 be consistent with, or an enhancement of, the original PUD approval. 133 134 Lot 3, Base Village Planned Unit Development, contained Buildings 6, 7 and 8. The 135 variations requested for the original building were represented as being necessary to 136 provide "hotel-like H.O.T. beds". The units were "designed and programmed to be 137 H.O.T. beds by virtue of, (a) their size and layout, (b) the hotel-like amenities 138 associated with Base Village, (c) the ski-in/ski-out location of the units, and (d) the 139 rental management program that will be made available to unit owners (the "New 140 H.O.T. Beds)". 141 142 The Town Council finds that the proposed amendments to Building 8 are an 143 enhancement to the original BV PUD provided that an additional lockoff unit and 144 employee unit would be created as part of the amendment requests. 145 146 2. Buildout/ Unit Equivalency/Unit Re-configuration. Town Council Ordinance No. 147 4, Series of 2008 (Building 13A Minor PUD Amendment) together with Ordinance 148 No. 9, Series of 2008 (Building 4AB Minor PUD Amendment), confirmed that the 149 maximum allowed Unit Equivalency ("UE") for the Base Village PUD may only be 150 amended to be 391.4 UE.; Further, there is Ordinance No. 17, Series of 2008 151 Building 13B Minor PUD Amendment), which was approved January 20, 2009, 152 which authorized the increase of 2.95 UE for Building 13B from 41.25 to 44.95 UE 153 thus increasing the overall UE cap for Base Village from 391.4 to 394.35 UE. 154 Therefore, in order for any future further amendment to the Base Village total UE to 155 be considered, the applicant must satisfactorily explain in the context of all 156 reasonably foreseeable amendments to the BV PUD the necessity for any increase 157 in the total UE. 158 159 With the proposed amendments to Building 8, the application proposes an 160 amendment to the buildout variation or increase in the unit equivalency by 1.65 U.E., 161 from 43.15 (pursuant to Record of Decision [ROD] #8) to 43.20 (pursuant to ROD 162 31) to 44.85 U.E. per the current proposal, which is a result of the proposed 163 modification of the unit types and sizes, the additional lockoff on the P1 level, the 164 reconfiguration of Unit E-3 on the top 4'h Level (per previous administrative 165 modification), and the proposed expansions of Units E-1 (2) and E-2 into the unused 166 attic space below the roof line on the 4'h Level. In this case, the 1.65 UE increase for 167 the Building 8 amendments would result in the cumulative UE cap increase in Base 168 Village from 394.35 to 396.00 UE, which is acceptable. However, there remain 169 concerns of the ongoing incremental increases of the unit equivalency by individual 170 amendments beyond what was original established at 367 unit equivalents in the 171 original Base Village approval per Ordinance No. 21, Series of 2004. 172 173 The Applicant's proposed community purposes for the buildout variation increase are 174 outlined on pages 3 and 4 of Section 1 in their application notebook, primarily 175 focusing upon encouraging sustainable development. However, the original Base 176 Village proposal's community purposes for encouraging sustainable development 177 focused upon the provision of improved connectivity as one of the elements, 178 including a transit facility to the central parking structure to be used by the Town 179 shuttle and RFTA. The Development Agreement received February 6, 2009, as 180 further updated February 11, 2009 (Attached as Exhibit `B") provides for the timely 181 delivery of transit and vertical circulation as previously envisioned by November 182 2009; however, it did not earlier provide for full infrastructure and amenities 183 anticipated in Building 7 (Arrival Center) by the original PUD. Without the transit 184 facility as one of the means to encourage sustainable development for the original 185 Base Village project, it would be difficult to justify sustainable development as it 186 pertains to the current amendment proposal. Therefore, the community purposes 187 assured in the supplemental amendments, including the current development 188 agreement received February 6, 2009, as further updated February 11, 2009 (Exhibit 189 B"), are satisfactory to justify the increase in the buildout variation for Building 8. 190 191 The Town Council finds that the proposed 1.65 UE increase in Building 8 may be 192 permissible as it primarily involves the proposed modification of the unit types and 193 sizes, an additional lockoff on the P1 level, the reconfiguration of the Unit E-3 on the 194 4'h Level per previous administrative modification, and the proposed expansions of 195 Units E-1 (2) and E-2 into the unused attic spaces below the roof line on the 0 level. 196 The proposed buildout variation increase for Building 8 would not be detrimental to 197 the original BV PUD subject to the Applicant providing the justifiable community 198 purpose as offered in the supplemental amendments and development agreement. 199 200 3. Employee Housing. Employee housing requirements of 12,047 square feet were 201 previously calculated for Building 8 with 1,000 square foot mitigation being provided 202 in Building 8 and the remainder mitigated elsewhere on the Base Village site or off 203 site. Building 8 included a 1,000 sq. ff. one-bedroom employee unit as part of the 204 original BV PUD. 205 206 In referencing the employee housing requirement calculations in the First 207 Amendment to the Base Village Restricted Housing Agreement ("First Amendment") 208 pursuant to Ordinance No. 3, Series of 2007, together with Ordinance No. 4, Series 209 of 2008, for the Building 13A approval, the previous modifications per Record of 210 Decision No. 8, and the proposed changes in Building 8 would require 12,295 square 211 feet of employee housing, or an increase of 248 square feet. 212 213 The First Amendment specified a mitigation requirement of 12,047 square feet of 214 employee housing for Building 8 and indicated that 1,191 square feet would be 215 provided within Building 8. The Applicant had proposed to provide 1,116 square feet 216 in the original amendment application. This 75 square foot shortfall plus the 248 217 square feet of additional mitigation equals a total requirement of 323 square feet. 218 219 Town decision makers have previously recommended or required that any additional 220 mitigation floor area required by the recent Minor PUD Amendments above the 221 amount specified within the First Amendment be provided within the subject building; 222 The exception being that the additional housing required by Building 13A could be 223 mitigated within either Building 13A or 13B. 224 225 The Applicant's submitted amended design on January 15, as updated on January 226 26 and 28, 2009, as further updated on February 6, 2009, as further updated 227 February 11, 2009, to accommodate the additional 323 square feet requirement on 228 the P2 level, by increasing an employee unit by 381 square feet to accommodate a 229 two-bedroom employee unit, is acceptable and satisfactory for mitigating the 230 remaining employee requirements for Building 8. 231 232 4. Total Floor Area / Maximum F.A.R. According to the Final 'Base Village PUD 233 Guide, Lot 3 of the Base Village P.U.D. Final Plat, where Building 8 is planned for 234 construction together with Buildings 6 and 7 (Arrival Center), contains 2.48 acres or 235 108,028 square feet. A minimum lot size variation was previously granted with the 236 Final PUD to permit an F.A.R. of 1.29:1 for Lot 3 as the MU-2 zoning requires a 237 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 238 139,356 square feet. 239 240 In Building 8, the proposed floor area change from 92,386 square feet (per previous 241 modification approval) to 95,839 square feet would increase the total approved floor 242 area for Buildings 6, 7 and 8 on Lot 3 from 136,715 (per the Final PUD) to 139,763 243 square feet. Therefore, the proposed floor area would be 407 square feet more than 244 the allotment of 139,356 square feet. 245 246 While the Final PUD Guide has the availability of 2% increase of the F.A.R. by way of 247 an administrative modification application, this request to exceed the maximum 248 F.A.R. limit for Lot 3 was not administratively applied for by the Applicant. The 249 Town Council finds that an administrative 2% floor area limit increase for Lot 3 to 250 142,143 square feet should not allowed, and therefore, shall be stated as a maximum 251 of 139,763 square feet in order to accommodate the existing approvals for Buildings 252 6 and 7 as well as only Building 8 as proposed. 253 254 The Applicant's proposed additional 58 square feet above the required mitigation 255 employee housing, which was created by adding 381 square feet on the P2 level to 256 mitigate the balance of 323 square feet, is not a satisfactory community purpose for 257 the floor area variation modification and such community purpose is not achieved as 258 'a result of granting such floor area variation modification, but may be shown or 259 provided as a mitigation credit as noted in attached Exhibit "A" 260 261 5. Skier Services. The Skier Services space for the planned Mountain Club in Building 262 8 would be reduced by approximately 400 square feet due to the proposed egress 263 corridor on the P2 level. Such a change slightly affects the overall employee housing 264 requirements and parking demand for Building 8. The proposed change is 265 acceptable. 266 267 6. Building Height Variation Increase. The Town Council has reviewed the two 268 height variation modifications involving, a) a 1.08-foot increase for the roof pitch 269 facing Wood Road near the northeast portion of the building, and b) a 5.08 foot 270 increase from 52 to 57.08 feet for the elevator shaft tower facing the south pedestrian 271 plaza side of the building. 272 273 Town Council finds that an additional V-0" height variance from actual height 274 variations approved was granted per the previous Final PUD height variations, and 275 the Planning Director is allowed to grant an additional V-0" foot above that standard 276 per the Final PUD Guide subject to the Applicant applying for an administrative 277 modification. However, the first height variation modification is reasonable pursuant 278 to the 'encourage better design' community purpose offered by the Applicant, and the 279 first height variation is therefore acceptable. 280 281 Concerning the second height variation change, Town Council finds that the height 282 increase for the elevator tower (to 8484'-0") is approximately two to three feet above 283 the main, highest roof ridge (at 8481'-2") for Building 8 and that it would likely be 284 difficult to observe from Wood Road or Brush Creek Road and would have a greater 285 impact upon views from the pedestrian plaza or Fanny Hill, and the views from 286 surrounding properties would not be substantially adversely affected. The higher 287 elevator shaft, as a result of the needed room for ventilation purposes, appears 288 designed as a tower or copula feature that might necessarily enhance the functional 289 design on the south side of Building 8 and in terms of being compatible with the 290 height, mass, scale, orientation and configuration with other structures in the PUD 291 and with adjacent structures, is therefore acceptable. 292 293 7. Building Architecture. With the exception of the proposed awnings, in addition to 294 those related to the modifications to the clinic staging area, which could not be 295 evaluated at this time due to the lack of information, the proposed modifications to 296 the Building 8 architecture appear insubstantial and are therefore approved. 297 298 8. Landscape Plan. The proposed planting plan for the Building 8 site shows in 299 increase in deciduous trees from 53 to 75 and an increase in coniferous trees from 300 23 to 31 for a total increase from 76 to 106 trees. The Final PUD plan had 301 approximately 40 percent of the approved 76 trees as oversized specimens and the 302 proposed plan has approximately 15 percent of the proposed 106 trees as oversized. 303 However, due to the increase of trees by approximately 39 percent, the proposed 304 planting plan for Building 8 is acceptable. 305 306 9. Parking. The parking required and provided for the 27 units in Building 8 remains 307 unchanged at 21. The parking required for the clinic is 19 spaces, and 21 spaces are 308 provided in the garage below the clinic. The parking demand anticipated for the food 309 and beverage outlet on the village level is 13 spaces for the estimated 104 indoor 310 and outdoor seats. The amount of restaurant seating currently permitted in the Base 311 Village core is 1,020 seats, of which 701 seats have been currently accounted as 312 part of existing or approved food and beverage tenant spaces. The Building 8 313 restaurant would increase the seating count within the core to at least 805 seats, and 314 Town Council finds that future food and beverage within the core might be 315 constrained by the 1,020 seat cap until the Base Village Parking Management Plan is 316 amended. 317 318 The parking provided for the skier services space or Mountain Club remains at 57 319 spaces, not including the additional 52 valet parking spaces. The future usage(s) for 320 the unentitled space has yet to be evaluated or mitigated. 321 322 Overall, the parking provisions necessary to meet the demand for Building 8 and its 323 amendments at this time are acceptable. However, even though the residential 324 parking in the garage amounts to 164 spaces, and the existing and approved 325 residential of 196 units in the core requiring 147 spaces plus the 11 existing and 326 approved employee units in the core requiring 11 spaces are below the residential 327 allocation, there are outstanding concerns about documenting or reserving the 328 location of a parking space for each of the employee units as well as where such 329 spaces would be allocated among the provision for 12 employee unit parking spaces, 330 per the parking management plan, within the designated residential parking areas in 331 the garage. 332 333 10. Clinic. The clinic space, designated as "Community Facilities" in the original PUD, is 334 proposed for reduction from 5,987 square feet, as approved in Record of Decision 335 No. 8, tb 5,668 square feet. The reduction occurs in order to improve emergency 336 access to the clinic and to provide a corridor to create a necessary second access 337 point to the employee units on Level P-2, The necessary reduction in square footage 338 is acceptable. 339 340 11. Fire District Issues. The Snowmass-Wildcat Fire Protection District indicated they 341 had concerns as of December 31, 2008 pertaining to the planned side entrance and 342 loading platform and/or the patient transfer platform and the ambulance access 343 thereto. 344 345 During first reading of this Ordinance, the Town Council was made aware that the 346 Applicant was working to address the concerns about the clinic's patient loading 347 platform, the tight configuration thereof, snow shed concerns, the need for a man-lift, 348 the desire for an acceptable interface with the adjoining ski-back trail, and the 349 adequate size for 'a staging area and patient transfer platform for emergency 350 purposes. 351 352 The Applicant has submitted an amended design on January 15, 2009, as further 353 updated and received on January 26 and 28, 2009, as further updated as of February 354 6, 2009, as further updated February 11, 2009 (see attached Exhibit "B") to address 355 the concerns, and such plans have been accepted by the affected stakeholders, and 356 is therefore acceptable. 357 358 12. Timing. Town Council finds that: 359 a. The 2007 CMP Amendments were approved showing the completion of Building 360 7 by November 2009 and Building 8 by April 2010; 361 b. Pursuant to the 2008 Construction Management Plan (CMP) Amendment, 362 Buildings 4AB, 5 6, 7, 8, 9AB, 9C and 11 were to have begun construction 363 between April 14, 2008 and November 27, 2008; 364 c. When the 2008 CMP Amendment was approved, on March 31, 2008 by Record 365 of Decision #23 per Town Council's directive, the CMP only granted the timing, 366 phasing or CMP changes up to April 2009; 367 d. It is now apparent that the construction timing and phasing for Base Village could 368 potentially be longer than anticipated, and there is an obvious necessity that a 369 new CMP amendment application be submitted whereby the Applicant needs to 370 revise the time table in their construction management plan or the phasing in the 371 PUD for future building construction; and 372 e. Following discussions with the Applicant, it was agreed that said application will 373 be submitted by no later than March 31, 2009. 374 375 13. Development Agreement. In consideration of the previous commitments or 376 representations by the Applicant, and the community's interest to have the Transit 377 Center operational by November 2009 pursuant the Applicant's current timing 378 estimates and representations in their construction management plans, the Applicant 379 has offered the Development Agreement, received as part of supplemental 380 amendments to the application on February 6, 2009, as further updated on February 381 11, 2009, and attached as excerpts hereto as Exhibit 'B", incorporated herein by 382 reference. 383 384 The Town Council earlier found during the meetings on January 20 and February 2, 385 2009 that such proposal for the vertical circulation from the transit garage to the 386 village pedestrian level needs to be designed in a user-friendly interim fashion for 387 arriving guests and visitors and recognized that the Village Level Arrival Center 388 Building would require further design specific approval. The Town Council further 389 finds that because there are numerous infrastructural accommodations (such as 390 substantial public toilet facilities, arrival accommodations, etc.) that were found to be 391 critical for arriving guests and visitors, a mechanism has been found via the applicant 392 supplemental amendments submission of February 6, 2009, as further updated on 393 February 11, 2009, including the acknowledged development agreement, whereby 394 there is certainty that Building 7 is completed as approved, or as may be amended, in 395 a timely way. 396 397 14. Other Review Standards. In addition to addressing the criteria above for 398 consistency or enhancement of the original PUD, the proposed amendments to 399 Building 8, (a) would not have a substantially adverse effect on the neighborhood 400 surrounding the land where the amendment is proposed, or have a substantially 401 adverse impact on the enjoyment of land abutting upon or across the street from the 402 subject property, (b) would not change the basic character of the PUD or surrounding 403 areas, and (c) would comply with other applicable standards or as generally 404 addressed per the core issue findings and recommendations stated above. 405 406 15. Lot 3 Subdivision Exemption. The Applicant has submitted a subdivision 407 exemption application to permit a temporary lot split of Lot 3, Base Village. Lot 3A of 408 the subject lot split would be 1.16 acres in size and contain Building 8 which, as 409 approved by this Ordinance, will be 95,839 square feet in size. The F.A.R. for Lot 3A 410 would be 1.9:1 where the Base Village PUD F.A.R. for Lot 3 in total is 1.29:1. The 411 Town Council finds it to be acceptable to grant a temporary F.A.R. variation for Lot 412 3A subject to approval of the subdivision exemption application and the terms and 413 conditions of Resolution No. 4, Series of 2009. 414 415 Section Three: Action. Subject to the conditions contained in Section Four below, the 416 Town Council hereby approves the Minor PUD Amendment to Building 8, as further 417 described within the referenced application documents listed below. 418 419 The Town Council specifically accepts and approves: 420 421 1. Minor PUD Amendment. The Minor PUD Amendment to Building 8, as 422 summarized in attached Exhibit "A'; 423 424 2. Maximum Buildout / Unit Equivalency variation modification. An amendment to 425 the buildout variation or increase in the unit equivalency by 1.65 U.E. for Building 426 8, from 43.15 (pursuant to Record of Decision [ROD] #8) to 43.20 (pursuant to 427 ROD #31) to 44.85 U.E. per the current proposal, resulting in the cumulative UE 428 cap increase in Base Village from 394.35 to 396.00 UE. 429 430 3. Maximum F.A.R. variation modification for existing Lot 3: From 136,715 (per the 431 Final PUD) to 139,763 square feet for Lot 3, Base Village P.U.D. Final Plat. 432 433 4. Maximum Height variation modifications: a) Increase in measured height near 434 northeast portion of building off Wood Road, Point 'A' by 1.08 feet as a result of 435 lowered finished floor of the parking garage below the clinic; and b) increase from 436 52 feet to 57.08 feet measured from finished grade for the elevator tower on the 437 south side next to the pedestrian plaza. 438 439 5. Amendments submitted January 15, 2009, January 26 and 28. 2009, as further 440 updated and received on February 6, 2009, as further updated on February 11, 441 2009 (Exhibit "B"), incorporated herein by reference that include in excerpt 442 fashion: a) a written description of all the amendments proposed, b) a 443 Development Agreement titled 'Building 7 Essential Public Facility' with further 444 information that includes a scope of work description, a construction schedule, a 445 construction cost estimate, and site layout and floor plan drawings illustrating the 446 proposed vertical circulation, and , and a guarantee for the completion of Building 447 7 in its entirety and the interim vertical circulation within the building, c) a letter 448 from the Metropolitan District #1 and #2's special district counsel explaining the 449 long-term maintenance provisions for the infrastructure, parking garage, loading 450 facility and public transit facility and related circulation components within Base 451 Village, including the ownership and operation thereof, d) conceptual renderings 452 of the interim fagade treatment for Building 7 that are intended to evaluated and 453 finalized through a separate amendment process for Building 7, e) clinic staging 454 and patient transfer platform plans, elevations and details, including drawings of 455 the emergency access drive and proposed fire truck / ambulance lay-by areas off 456 of Wood Road next to Building 8, f) updated P2 level floor plans showing the 457 increase of the employee unit on the P2 level by 381 square feet replacing 458 previous BOH space to satisfy the employee housing requirement for Building 8, 459 g) updated floor plans of the 3rd level to clarify or confirm the number of lockoffs 460 at 19 in Building 8, h) modification of the development statistics matrix for 461 Building 8 to account for the increased employee housing area and the recessed 462 exterior alcove for the clinic, i) updated proposed planting plans for the Building 8 463 site, j) landscape plans for the Phase 1 B or Lot 3 area of the Base Village P.U.D. 464 Final Plat; k) a temporary F.A.R. variation of 1.9:1 for proposed Lot 3A of 1.16 465 acres for the Building 8 site with the accompanying subdivision exemption 466 application for a Lot 3 lot split, and 1) applicant offered improvements for the 467 transit center such as benches, trash receptacles, ski racks and public art. 468 469 6. Temporary F.A.R. variation modification for proposed Lot 3A: In accordance with 470 and subject to the terms and conditions of Resolution No. 4, Series of 2009, 471 granting subdivision exemption approval for a lot split involving Lot 3, an F.A.R. 472 Limit temporary variation of 95,839 square feet for Building 8 only on proposed 473 Lot 3A, being 1.16 acres in size, is hereby granted permitting the F.A.R. Limit for 474 Lot 3A to be 1.9:1, subject to the understanding that the variation shall only apply 475 during term of the temporary exemption plat and that it would eventually be 476 vacated or voided, at which time the variation shall be void and the maximum 477 F.A.R. Limit shall revert back to the 139,763 square feet or 1.29:1 F.A.R. Limit for 478 Lot 3 as originally approved in the Base Village PUD and subdivision plat. 479 480 Section Four: Conditions. As conditions of the final approvals granted herein, the 481 Applicant will comply with or implement the following: 482 483 1. Additional employee housing restrictions. The Applicant: 484 485 a) Shall comply with the provisions in the Base Village Restricted Housing 486 Agreement or the First Amendment thereof, in particular the restrictions 487 concerning the initial sales price, rental rates, and assessment provisions for the 488 two employee housing mitigation units within Building 8. Further, the units shall 489 be filled by the Town's Housing Office pursuant to the 'Town's Housing Office 490 Policies and Procedures' as may in effect from time to time; 491 492 b) Provide Condominium Documents for Building 8 that will reflect that the 493 assessments, whether general or special, shall be allocated to each employee 494 housing unit in Building 8 shall be no more than 50% of the share otherwise 495 attributable to such employee housing unit as calculated in accordance with the 496 assessment formula set forth in the documents pertaining to the free market 497 units. The Condominium Documents shall not permit this provision to be 498 removed or amended without Town approval; and 499 500 c) Record a restrictive covenant on each employee housing unit approved by this 501 Ordinance designating each unit as restricted housing subject to the 502 requirements of Chapter 17 of the Snowmass Village Municipal Code, Base 503 Village Restricted Housing Agreement and Town Housing Department 504 Guidelines in effect at the time of condominiumization. 505 506 2. Buildout Variation Modification. With future amendments applications, the 507 applicant, successors or assigns shall demonstrate how the project at full buildout 508 would be able to achieve the previously established buildout limit of 367 unit 509 equivalents approved with the original project per Ordinance No. 21, Series of 2004. 510 511 3. Building Architecture. The Applicant shall submit a material / color sample of the 512 proposed awning at the porte-cochere and the clinic entrance, including any signs or 513 lighting proposed, for review to the satisfaction of the Planning Director prior to 514 permission to install or prior to issuance of a final Certificate of Occupancy for 515 Building 8. 516 517 4. Landscape Plan. The final landscape plan drawings for the Phase IB area on Lot 3 518 in Base Village shall be reviewed and approved to the satisfaction of the Planning 519 Director in accordance with Condition #2 in Ordinance No. 21, Series of 2004, prior 520 to issuance of further building permits on Lot 3 affecting either Building 6 or 7, but not 521 necessarily the temporary vertical circulation as described or illustrated in attached 522 Exhibit "B;' and the interim landscaping intended for installation in front of Building 7. 523 524 5. Parking for Food and Beverage uses. If and prior to when the 1,020 seat Cap for 525 food and beverage outlets within the Base Village core might be compromised or 526 exceeded, the Applicant shall submit for consideration an amendment to the Base 527 Village Parking Management Plan including justification of the adequacy of the 528 parking provisions and associated demand. 529 530 6. Parking for employee units. The Applicant shall document the location of the 531 parking space for each of the employee units as well as where such spaces would be 532 allocated among the provision for 12 employee unit parking spaces, per the parking 533 management plan, within the designated residential parking areas in the garage to 534 the satisfaction of the Planning Director prior to the issuance of a Certificate of 535 Occupancy. 536 537 7. Fire District Issues. In reference to the attached Exhibit `B" amendment involving 538 the clinic staging area, the Applicant shall remain flexible and work toward final 539 resolution concerning any remaining outstanding issues regarding the clinic's patient 540 loading platform and any other related design aspects, including the design of the fire 541 truck / ambulance lay-by off of Wood Road, with the subsequent construction plans 542 for Building 8 to the satisfaction of the Town Manager prior to issuance of a building 543 permit for Building 8; and, that the emergency access drive for ambulances and 544 related emergency equipment shall be restricted for the usage of the clinic space 545 only as implemented by a gate arm as referenced in attached Exhibit "B." 546 547 8. Timing. It is imperative that the construction management plan for Base Village, 548 including the possible re-phasing thereof, be amended, submitted for review by 549 March 31, 2009 and considered or acted upon by the Town prior to April 30, 2009. 550 551 9. Additional Circulation. If at the time of review and approval consideration to amend 552 Building 7 Arrival Center or the interim fagade / landscaping treatment thereof, the 553 Applicant shall take into account whether the currently planned single one-way 554 escalator movement within Building 7 is sufficient between the transit center and the 555 village level. 556 557 Section Five: PUD Enforcement. The terms and conditions of this Ordinance and the 558 Minor PUD Amendment Application and modifications thereto approved hereby, are 559 enforceable by the Town without restriction in accordance with the provisions of Section 560 16A-5-380(a), Enforcement of approved PUD plan, of the Municipal Code. Enforcement 561 in favor of residents, as contemplated in Section 16A-5-380(b) of the Municipal Code is 562 hereby limited to fee simple owners and the master association. 563 564 Section Six: Severability. If any provision of this Ordinance or application hereof to 565 any person or circumstance is held invalid, the invalidity will not affect any other 566 provision or application of this Ordinance which can be given effect without the invalid 567 provision or application, and, to this end, the provisions of this Ordinance are severable. 568 569 INTRODUCED, READ, AND APPROVED, as amended, on first reading on the motion 570 of Town Council member Wilkinson and the second of Town Council member Butler by a 571 vote of 4 in favor and 1 against, on this 20`h day of January 2009 (Council member 572 Lewis against). 573 574 READ, APPROVED, AND ADOPTED on second reading on the motion of Town Council 575 member and the second of Town Council member 576 by a vote of_ in favor and _against, on this 17`h day of February 2009. 577 578 TOWN OF SNOWMASS VILLAGE 579 580 581 582 Bill Boineau, Mayor 583 ATTEST: 584 585 586 587 Rhonda B. Coxon, Town Clerk 588 589 APPROVED AS TO FORM: 590 591 592 593 John C. Dresser, Jr., Town Attorney 594 595 Attachments: 596 Exhibit "N' — Summary of amendments, usages and development parameters. 597 598 Exhibit "B" — Supplemental amendment to the application, including in excerpt fashion 599 the Development Agreement titled "Building 7 Essential Public Facility,' explanation of 600 the long-term maintenance provisions of the infrastructure, parking garage, loading 601 facility, transit center and related circulation functions, latest clinic staging and patient 602 transfer platform design, modified floor plans for the expanded employee unit, updated 603 development statistics matrix, and planting plans for Building 8, guarantees for Building 604 7 Arrival Center, and offered improvements in the transit center, received as updated on 605 February 6, 2009, as further updated on February 11, 2009. 606 607 Reference Material: 608 Application Notebook and 11" x 1 T' drawing set dated November 18, 2008; 609 Staff Report to the Town Council for the January 20, 2009 meeting; 610 Staff Report to the Town Council for the February 2, 2009 meeting; 611 Staff Report to the Town Council for the February 17, 2009 meeting; and 612 > Supplemental amendments, including the development agreement, updated as 613 received February 6, 2009, as further updated on February 11, 2009. 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 66,118 SF 1,604 SF Area of Units 54,219 SF 55,488 SF 1,269 SF Shared/Common/Amenity Areas 10,295 SF 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 Clinic 5,921 SF 5,668 SF 253 SF Future Unentitled Space 5,257 SF 4,794 SF 463 SF Number of Units free market 27 27 0 Unit Equivalents 43.15 44.85 1.70 43.2 in AA#31 Average Unit Size 2,008 SF 2,055 SF 47 SF Number of Bedrooms 52 53 1 Number of Lockoff s 17 19 2 20 w/Final PUD Employee Units in Building 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 on the P2 level. The Community Facility space for the Clinic established in the Final PUD Ordinance 04-21 indicated 4,987 SF. EXHIBIT "A" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 2 of 4 SUMMARY OF AMENDMENTS, USES, AND DEVELOMENT PARAMETERS BASE VILLAGE BUILDING 8 MINOR PUD AMENDMENT BUILDING 8 COMPARISON OF CHANGES Category Last Approval in Minor PUD Net Final PUD, Amendments Change Adm Mod#8, or Adm Mod #31 Main roof ridge elevation— Building 8 8481' 8481' 0 Maximum building height in feet at copula—measured from existing grade 111' 111' 0 Maximum building height in elevation — measured at cupola 8491' 8491' 0 Plaza side at elevator tower ridge— measured in feet from finished grade per proposed building section Approx. Approx. received 01-06-09) 56'-6" 59'-0" 2'-6" Plaza side at elevator tower ridge - in elevation per proposed building Approx. Approx. section received 01-06-09) 8481'-2"8483'-8" 2'-6" Plaza side at elevator tower soffit— measured in feet from finished grade per proposed building section Approx. Approx. Approx. received 01-06-09) 49.1' 54.3' 5.08' Plaza side at elevator tower soffit - in elevation per proposed building Approx. Approx. Approx. section received 01-06-09) 8473.9' 8479' 5.08' 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 #8, 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 @ 1:300 20 19 1 Parking Provided for Clinic 23 21 2 including 2 HC (including 2 HC and and 2 com act 2 com act Parking Required: F&B"' (1:8 seats) 14 13 1 112 seats max.) (104 seats max.) assuming indoor& outdoor seats Parking provided for F&B 14 shared 13 shared 1 Parking required: Skier Services 57 unchanged 0 1:4 members or 1:300 sq. ft.) assuming 228 decreased from 5,608 to 5210 SF members Parking provided for 57 unchanged 0 skier services (mountain club) assuming 228 members Parking required: Unentitled Space Unknown Unknown 1:4 members or 1:300 sq. ft.) Usage to be at this time decreased from 5,257 to 4,794 SF determined Parking provided for Unknown Unknown Unentitled space Usage to be at this time determined SF=Square Feet UE=Unit Equivalents F&B= Food& Beverage EXHIBIT "A" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 4 of 4 SUMMARY OF AMENDMENTS, USES, AND DEVELOMENT PARAMETERS BASE VILLAGE BUILDING 8 MINOR PUD AMENDMENT Building 8 Employee Housing Mitigation Methodology Final PUD Ordinance 04-21 Type of Use Square Feet, Employees Employees S.F. Housing Total S.F. Square Feet) Lots or Units Generated per Generated Requirement Housing 1,000 SF or lot 45%of emps Provided unit at 448 SF/em Studio/ 11 0.38 4.18 843 1-Bedroom 2-Bedroom 21 0.76 15.96 3,218 Food& 3,045 SF 5.16 15.7 3,168 Bevera e Clinic 4,987 SF 3.68 18.4 3,700 Skier Services 5,785 SF 0.96 5.6 1,120 Total N.A. N.A. 59.76 12,047 SF 12,047 SF 1,000 SF in Building 8 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 Feel) Lots or Units Generated per Generated Requirement Housing 1,000 SF or lot 45%of emps Provided unit at 448 SF/ em Studio/ 10 0.38 3.80 766.1 1-Bedroom 2-Bedroom 10 0.76 7.60 1,532.2 3-Bedroom 1 5 0.52 2.60 524.2 4-Bedroom 2 0.62 1.24 250.0 Food& 3,882 SF 5.16 20.0 4,032.0 Beverage Clinic 5,629 SF' 3.68 20.71 4,175.1 Skier Services 5,210 SF' 0.96 5.00 1,008.0 Total N.A. N.A. 60.95 12295 SF"12,428 SF 1,497 SF in Buildin 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 Village Restricted Housing Agreement. rMRELATED t WEST PAC RECE51 - February 6, 2008 EXHIBIT"B" FEB U 6 huh TOWN COUNCIL Snowrna,;, Chris Conrad Ordinance No. 2, Series of 2009 Community Development Pagel of 40 ate pMW,p Planning Director Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 RE: Building 8 Minor Amendment—Supplemental Package Dear Chris, The Applicant is respectfully requesting an amendment to the Building 8 minor PUD amendment in accordance with Section 16A-5-340 of the Land Use Code. The proposed amendment provides supplemental information based on the Planning Commission and Town Council's review of the application and further clarifies information in the original amendment. r The amendment request consists of the following information: 1. Development Agreement—The proposed Development Agreement solidifies Related WestPac's commitment to providing an interim Building 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, construction schedule and cost estimate of construction. The details of the plan will be reviewed in a minor PUD application specifically for Building 7 which will be submitted within the next month. Then at a later date the developer will have a subsequent submittal for the review and approval of the permanent Building 7. 2. Transit Center& Metro District Memo—The memo included in the supplemental package addresses the relationship and responsibilities of the metro district with respect to the transit center. The memo references several agreements which have been submitted to the Town Attorney. These additional agreements are available as requested. 3. 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. AC 132 West Main Street, Suite A, Aspen, CO 81611 970)544-0620 (t) (970) 920-3384 (0 EXHIBIT "B" r0 RELATED TOWN COUNCIL W E S T P A C Ordinance No. 2, Series of 2009 r Page 2 of 40 signed letter from Snowmass Wildcat Fire District and Aspen Skiing Company confirm their approval of the plan. 4. 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 bedrooms within Building 8 for a total of 1,497 square feet. The additional 58 square feet will be counted toward the overall mitigation requirement for Base Village. The revised floor plan for the P2 level replaces page 18 of the original 11x17 notebook. 5. 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. 6. 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. 7. 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. 8. 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 Floor Area for Building 8 Proposed in the Minor Amendment=95,839 sq ft 95,839 sq ft and 92,386 sq ft >65,183.18 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 r Council Meeting. The calculation and request is shown below. 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620(t) (970) 920-3384 (f) rRELATED EXHIBIT "B" TOWN COUNCILWESTPACOrdinanceNo. 2, Series of 2009 Page 3 of 40 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 FAR Total 139,763 sq ft (Bldg 8 Floor Area 95,839 sq ft) 9. Community Purpose—In addition to the community purposes proposed within the application,the Applicant is guaranteeing a delivery date for the interim Building 7. This guarantee will be ensured through a performance bond and certificate of occupancy for Building 8. Another proposed community purpose is the Applicant's commitment to improving the vertical circulation within Building 7. Stairs and a second public elevator connecting all levels enhance the pedestrian circulation within the building. In addition the Applicant will provide 20,000.00 toward Transit Center amenities including benches,trash receptacles and ski racks and public art for the Transit Center. 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.C Sincerely, Scott Stenman VP of Development 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620(t) (970) 920-3384(1) EXHIBIT "B" luewdoaneTOWNCOUNCILIp yiunwwo afipv n SsvwMrnoOrdinanceNo. 2, Series of 2009 Page 4 of 40 DEVELOPMENT AGREEMENT 6002 j j 83j Building 7 Essential Public Facility) Q21L 1I333Q THIS DEVELOPMENT AGREEMENT(this "Agreement") is made effective iQ as of the day of the_day of February, 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 "Pro a "); 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 Building8. BVO agrees to perform the obligations set forth in Section 1.2 through Section 1.8 (the `BVO Undertakings"), which are conditioned on the Town Council approval of the Building 8 Minor PUD Amendment, and the Town Council approval of the Building 8 lot split(the `Building 8 Approvals"). The parties expressly acknowledge and agree that the Building 8 Approvals are not conditioned on the performance by BVO of the BVO Undertakings, but rather that the performance by BVO of the BVO Undertakings are conditioned on the receipt of the Building 8 Approvals. The BVO Undertakings, are acknowledged and agreed to have been voluntarily offered by BVO and are self-imposed by BVO in order to provide an enhanced use and value of the Property, such BVO Undertakings are commitments that BVO desires to make to secure an essential public feature of the Base Village development (specifically to provide for a safe and secure arrival area to the Base Village development), to protect the public safety and welfare, to provide a benefit to the public at large (and not just to benefit BVO as the developer of the Property), and to induce the Town to grant the Building 8 Approvals. The Town Council will either grant or deny the Building 8 Approvals based upon the Town's exercise of its police powers and will not grant or deny the Building 8 Approvals conditioned on the performance or nonperformance of the BVO Undertakings by BVO..The action of the Town in entering into this Agreement is based upon the understanding that the intent and spirit of the police power objectives of the Town relative to the Property are embodied in the development with the BVO Undertakings, and the Town is thus achieving its police power objectives and has not, by this Agreement, bargained away or otherwise 100219008.DOC\6)1 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 5 of 40 compromised any of its police powers, and this Agreement does not purport, either impliedly or expressly, to restrict or in any way interfere with the exercise of the Town's police powers as the final zoning authority for the Town of Snowmass Village. 1.1 BVO has completed the construction and installation of the transit center within the garage for the Base Village P.U,D. (the "Transit Center"), in accordance with the May 2006 garage permit plans set and Record of Decision No. 7 (the "Garage Plans'), and the Transit Center has been inspected by the Town and the Town has issued a certificate of occupancy for the Transit Center. 1.2 BVO will provide vertical circulation from the bus stop in the parking garage located in what is currently referred to as the "Transit Center"area of Arrival Level P3 to the Village Level of Base Village within the footprint of Building 7 ("Interim Building 7"). The Interim Building 7 will consist of the following as more fully described in the plans (the"Plans") which are attached as Exhibit A in addition to any other specifications or construction details set forth in Exhibit A: a) The following items, which are required to be provided in accordance with the Garage Plans: i) Radiant heating system for passengers waiting areas within the Transit Center at Arrival Level P3 required by Ordinance No. 21 — Series of 2004 or as agreed upon by the Town and BVO. Seven (7) individual overhead radiant heaters located adjacent to each bus bay,as shown in Exhibit A (the "Heating System") b) The following items, which were agreed upon between the Town and IntrawesUBrush Creek Development Company, LLC but were not formally documented prior to BVO's acquisition of the Base Village P.U.D.: i) The transit office (which may be relocated away from the parking entry gate as long as the relocation permits the Transit Center operator to observe the activities within the Transit Center)comprising no less than 96 square feet with an entry door, window, lay-in ceiling, heat, outlets, ventilation, painted drywall and painted cinderblock walls, and with a data line for Town supplied CCTV and other Internet services, including consent by BVO granting authorization to the Town to install an antenna for radio or other communications(the"Transit Office"); and ii) Conduit, stub connections and access to a distribution panel for power for the Town supplied variable l 00219008.DOC\6)2 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 6 of 40 messaging system and signage as shown on Exhibit A ("Transit 1 Office Utility Infrastructure"). c) The following items, which BVO and Town have agreed upon, to enhance the vertical circulation and functionality of the Transit Center and Interim Building 7 (the "Building 7 Vertical Conveyance"): i) A series of two escalators which will be installed between Arrival Level P3 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 day); ii) A stair from Arrival Level P3 to the Village Level to provide additional public circulation; and iii) Two (2) public elevators from Arrival Level P3 to the Village Level. d) The following items, which BVO and Town have agreed upon, to enhance the arrival experience of users of the Transit Center and Interim Building 7 (the"Building 7 Amenities"): i) The public restrooms within the interior space at Arrival Level P3 of the Transit Center; i ii) Day skier lockers on the bus stop level of the Transit Center, similar to the Town approved plans for Building 7; iii) ,Temporary landscaping between Building 7 and Building 2C as approved in the Interim Building 7 PUD amendment(the "Temporary Landscaping"); iv) Exterior fagade for Building 7 Arrival Level P3 to the Village Level and exterior treatments along the wall located between Building 7 and Building 2C (the"Exterior Facade"); and v) A $20,000.00 allowance for public art and transit related amenities, including benches, ski racks and trash receptacles to make the Transit Center fully functional and ready for use by December 17, 2009. e) The Transit Center, the Heating System, the Transit Office and the Transit Office Utility Infrastructure, the Building 7 Vertical Conveyance, and Building 7 Amenities (but excluding the Temporary Landscaping and the Exterior Facade) (collectively, these improvements are referred to as the "Metro District Transit Center Facilities"), will be 00219008.DOC\ 6 13 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 7 of 40 conveyed to Base Village Metropolitan District No. 1 (the "Metro District"), subject to the obligations of the Metro District and the rights of the Town as provided in Section 1.7 hereof. 1.3 BVO will build Interim Building 7 according to the Plans which are detailed further in Exhibit A. Conceptual renderings of the exterior of Interim Building 7 are attached as Exhibit C. 1.4 BVO will finish Interim Building 7 and the Transit Center it Parking Level 3 will be operational, as demonstrated by a Certificate of Substantial Completion issued by the architect of record or the engineer of record for Building 7, by December 17, 2009 ("137 Completion Date"). Upon acceptance by the Town Manager of the Town(the "Town Manager"), or his designee, of the Certificate of Substantial Completion(the"Acceptance"), the Bond shall be released and the Town will execute any such documents as are reasonably necessary to accomplish the release of the Bond. The Acceptance shall not be unreasonably withheld or delayed,provided that, in the event weather or other factors beyond the reasonable control of BVO delay the installation of Interim Building 7 sensitive to weather or such other factors, the Bond shall remain in full force and effect. The Town may, at its sole option,permit BVO to substitute other collateral acceptable to the Town for the Bond originally given by BVO to secure the completion of Interim Building 7. BVO agrees to promptly correct any deficiencies in installation in order to meet the requirements of the Plans applicable to such installation. In the event such installation is not completed substantially within the Interim Building 7 Schedule(as set forth on Exhibit B attached hereto), if any, and according to the specific Plans therefor, the Town shall have the right to cause such work to be done as necessary to complete the installation in such manner and BVO shall be liable for the cost of such Interim Building 7 work. 1.5 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 Interim Building 7, 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. The estimated costs of Interim Building 7 are an estimated amount mutually agreed at this time by BVO and the Town as set forth in Exhibit D attached hereto. In the event the cost of Interim Building 7 exceeds the estimated cost, BVO shall be solely responsible for the actual cost. No representations are made as to the accuracy of these estimates and BVO agrees to pay the actual costs of Interim Building 7. 1.6 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 100219008.DOC\ 6)4 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 8 of 40 1 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 l 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. 1.7 Upon completion by BVO, and acceptance of the Metro District Transit Center Facilities by the Metro District,whether such acceptance occurs for all components at the same time, or as each component thereof is completed and accepted, the Metro District will be the owner of and responsible for the long term operation and maintenance of the Metro District Transit Center Facilities so accepted by the Metro District, for the use and benefit of the public pursuant to existing easements and agreements with BVO, as required by the tax-exempt bonds issued to finance such facilities and the Amended and Restated Consolidated Service Plan for Base Village Metropolitan District Nos. 1 and 2 approved by the Town on October 17, 2006 (the "Service Plan"). Consistent with such requirements, the Metro District, the Town and the Roaring Fork Transit Authority("RFTA") will enter into an intergovernmental agreement(the "Joint Operating IGA")providing for the Town to have the right to administer the use of the Transit Office, the Transit Office Utility Infrastructure, the bus lanes, the pedestrian areas, and the other areas within the Transit Center designed and reasonably necessary for use by the Town or RFTA for public transportation purposes (the"Town and RFTA Transit Facilities"). The Joint Operating IGA will provide for priority use by the Town and RFTA of the Transit Center and may allow, subject to such terms and conditions as the Town may determine, for additional use of the Transit Center for private valet, shuttle, limousine, charter bus, or other transportation services. The Joint Operating IGA will set forth the obligations of the Metro District to provide for the operation and maintenance of the Town and RFTA Transit Facilities consistent with the Service Plan and other intergovernmental agreement currently in effect with the Town. BVO and its successors or assigns will be responsible for the long term maintenance of the Temporary Landscaping and the Exterior Fagade and the remainder of the Building 7 and Interim Building 7 improvements not accepted by the Metro District. 1.8 BVO will submit a minor PUD amendment for Interim Building 7 to be processed in accordance with the Town's Land Use Code. All parties will work cooperatively in order to process the minor PUD amendment application in a timely manner as necessary to achieve an opening date for the Transit Center and Interim Building 7 of December 17, 2009. 00219008.DOC \6)5 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 9 of 40 2. Conditions of Bond. The conditions for issuance of the Bond are as follows: 2.1 BVO will post the Bond upon approval by the Town Manager as provided in Section 1.5, 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 Interim Building 7 is consistent with the Interim Building 7 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 Interim Building 7 is consistent with the Interim Building 7 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 Interim Building 7; 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 Interim Building 7 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 obligations in Section 1.2 through 1.6 above. 3.1 Default. If BVO is in default in the performance of BVO's obligations, BVO shall have the right to cure said default after written notice by the Town of the default to BVO. If BVO fails to cure such default within sixty (60) days after written notice is given from the Town to BVO specifying the nature of the default (or if such default cannot be cured within the sixty (60) day period of time, if BVO shall fail to promptly commence to cure the same and thereafter diligently proceed with such cure), then the Town shall be entitled to undertake such work as may be necessary and appropriate to cure such default. The Town shall be entitled to full reimbursement for the reasonable costs of all such work. Any written notice required to be given to BVO shall be given by first class mail, postage prepaid, and by certified mail, return receipt requested, to the following addresses set forth in Section 3.9 below. 3.2 Bindiniz 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. 00219008.DOC\6)6 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 10 of 40 f 3.3 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. 3.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 3.5 Scope of Agreement. The rights granted to BVO by this Agreement are in addition to any other rights held by BVO under applicable law. 3.6 Interpretation. Unless the context of this Agreement clearly requires otherwise: (a) terms defined in the singular may be used in the plural, and terms defined in the plural may be used in the singular; (b) "including" and "such as" are not limited; (c) or" has the inclusive meaning represented by the phrase "and/or'; (d) the words hereof," "herein," "hereby," "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) Article, Section, clause, paragraph and Exhibit references are to this Agreement unless otherwise specified; and (f)references to any agreement(including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and, if applicable, the terms hereof. In the event of any conflict between a term, condition or provision of this Agreement and a provision of the Town's Municipal Code, the terms of this the Town's Municipal Code shall control. 3.7 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. 3.8 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. 3.9 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 00219008.DOC\6}7 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 11 of 40 notice sent by registerea or certified mail will be deemed to have been received three business days following the date of mailing. Any notice sent by overnight courier will be deemed to have been received one business day following the date of delivery to the overnight courier. Either party may change its address for notice by advising the other party in writing of such change, and until the other party is so advised, it will be entitled to continue sending notices to the last address it is advised of in writing If to the Town: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Manager With copy to: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Attorney If to BVO: Base Village Owner LLC P.O. Box 6565 (USPS Only) 16 Kearns Road, 3`d 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 3.10 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. 3.11 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 00219008.DOC\6}8 r J d•$ NG>rE—2.6• obP Q 2•t.j Exhibit A 1of7 RECEIVEDFEB 112009wwrnass village INTERIM BUILDING 7 Cammungy Development Scope of Work General: Arrival Level: t. New interior partition walls as indicated using bait insulation and 5/8' exterior grade drywall on both sides. 1. Prepare wall in the garage surrounding access point to extent required with well signage typical of other 2. New walls indicated with cross hatch, areas of the garage. 3. Village Level structural slab to be waterproofed and all penetrations to be sealed 2. Install sliding glass door as approved in the minor PUD for Building 7. 4. Two elevators to be installed. These will go from the P3 to the Village Level. Elevator overrun( height) to be 3. Men' s and women' s bathrooms as currently approved for Building 7. constructed as required. 4. Cain operated Lockers for day skier use located on the arrival level. These will be managed by Base 5. Two escalators will be installed between the arrival level and village Level, which will operate as one excelsior Village Owner until assumed by the Metro District. moving in one direction. S. Dear between lobby and temp elevator machine morn to be locked atall times- not an egress door. 6. Temporary Elevator machine roans to be placed adjacent W elevator as indicated on plan. 6. Lighting provided at bus unloading area inside the garage. 7. A stairwell will be provided to connect Level P3 to Village Level as shown in Exhibit A- 7. Public areas to have painted drywall walls and ceilings, and rubber tie flooring. 8. Elevator cabs to be finished with plastic Laminate interiors and carpet tie floor. 8. 7 overhead radiant heats will be provided in the Transit Center passenger loading areas, as shown in 9. Temporary heating system to be instilled at lobbies, bathrooms, escalators, stairs and elevators. Exhibit Aor as agreed upon by Town and SVO. 10. Emergency signage and fire protection specialties per the original design. 11. Village level pedestrian walkway/ fire lane to have snow melt and pavers installed to match the rest of Base Village. P1 Level: 12. Layout of temporary wall shall maintain approved fire lane width in front of the temporary building. 1. Elevator lobby area for emergency access only d required by code. 13. Provide lighting as speed In the original Building 7 permit plans for areas within the work boundary, 2. Provide a unit cabinet heater mounted at the ceiling. specifically lighting W be installed at lobbies, bathrooms, stairwell and circulation from P3 to the Village Level. 14. Provide sprinklers as required- maintain original plan within the work boundary areas. Village Level: 15. Air quality in the transit facility, including the transit office, will meet the required code standards for ventilating 1. Temporary arrival center building per future minor PUD amendment for Interim Building 7. Vie area. The exhaust ventilation system was designed with the 2006 International Mechanical Code and 2003 2. Public areas to be" painted drywall walls and callings and rubber file flooring. ASHRAE HVAC Applications book. This exceeds the recommended level for ventilation( total CFM) and the 3. Waterproofing to emend 48' up wall for drifted snow• goal isto maintain the space at 25ppm or less. 4. Roofing over the two elevator Shafts. 16. Existing structure W have temporary finishes applied per future minor PUD amendment for interim Building 7. 5. Service door that is normally locked to the top of structure not accessible to the public. Emenor improvements for Interim Building 7levels P3- Village Level will include an interim facade to be 6. Temporary walls as indicated in Exhibit A and shown in detail on the Village Level floor plan. finalized and approved ina subsequent independent Building 7 minor amendment. The interim facade also 7. Snowmalt and pavers connecting the interim Building 7 with the existing plaza. includes the exterior treatments along the wall between Building 7 and 2C. Hardi- board siding and false 8. Temporary landscaping provided as approved in the future minor PUD amendment for Interim Building windows to simulate adjacent Phase 1 buildings. This work will be scheduled for August and September of 2009. 7. See conceptual renderings in Exhibit C. 9. Site lighting as typical in Base Village and Per future minor PUD amendment. 17. Permanent landscaping will be Installed above the garage entry in accordance with the permit set for Building S. 10. Gate to Phase 3 work area- not accessible to the public. Temporary landscaping to be installed between Building 2C and 7 per Base Village PUD oras emended In the future Building 7 Minor Amendment, by November 1, 2009. The area in front of Building 7 will be graded and Transit Related Needs: seeded, oras per the future minor PUD amendment for Interim Building 7, prior to November 1, 2009. 1. Provide and install cendurt, stub connections and access toa distribution panel for power in accordance 18. Garage entry road tobe completed by November 1, 2009. This includes the removal of the scaffold bridge, with the transportation department' s needs for LED signage and CCTV. Locations referenced in Exhibit 19. Maintenance of the transit facility will be provided by Box Village Owner until assumed by the Metro District A Detailed maintenance responsibilities will be listed ina subsequent letter but will include street sweeping, trash 2. Sam Village Owner, LLC will grant authority for the Town to install an antenna within Base Village. removal, and general upkeep. 3. 100 square foot transit office to be provided adjacent to the bus bays. a. Entry door, window, tayin ceiling, heat, outlets, ventilation, painted drywall and cinderbock Wells. lTCMNwO J y m Z • L a m V Cs CM Intenm_ Rdilding 7 Snowmass Base Village I X3 Z a February 6, 2009 WPcmCv0 i Exhibitof 7 issa i p 9 eM" x 0 0 a o Q Provide two junction boxes, one 1" 0 FC- D e power conduit for power, and one 1" n communications conduit message sign. Interconnect power conduits as shown. 0 1.J T 0 Communications conduits shall be homerun to control office. o t p Provide two junction boxes, one 1" power conduit for power, and one 1" communications conduit CCTV ftg 11 2 a camera. Interconnect power conduits. OG aupe Communication conduits shall be N hem homerun to control office. Z Radiant Heaters m V m o Arrival Level P3 Site Plan a z y o . F- o' ' ° Snowmass Base Village nterim Building 7 m U a February 6, 2009 ZZ 4M X C) ma WE ctocT0 Exliiliit A 3of7 I I 1 J bY. IhTI^ 14 S•P RVCt RE 1 O I I N I O mZ ° a 0 a EI• eN m V N r M cNNE T Z 0 rCaol•., d— C. rKlar k : Zm W LAP y CQ q m Lee6Y sk:.. 4 1..+ EM". W Ii up M . 4lbeN4D 5 Arrival Level P3 Snownlass Base Village " M Bullaing 7 ebruary 6, oo9 ExNi6it A 4of7 r M!{' IN( 5' fR+ iLTV RC ro PLSKAw AS: YS I i of YJoRK I ^ eV N I WMR AREA 1 ea+ 70 1 O i 95tnMTea L mztayomVNt2I, Level P2 Im x ` a W ° Snowmass Base Village Interim Buililing 7 February 6, 2009 O Exxiii6it A pp ElU d Sof7 C x STu., c, S' ttc ME To SAS" As K of e/ IN F.T 1 I I PR I I I 1 p I I I J N T° J ao INfpFMlAME I N I 1 I Dfauv. l L. ANVIW\ I O I I J m ORAO m V N d X C CD 0 W Level Pl Snowmass Base 1011 a in im Building= February 6', 2009 ExHi6it A 6of7 4Ik FPRoeFIN&+rorr1wa 41A9 2. . 11271 MIZEMP: 0 z G p. J 6cAMT R ONO P6+ J J y m0 ` O N ED V N rd X zaOd W F" Village Level SOMMER Base VA01age Interim Buuil* 7 0 February 6, 2009 EzFii6it A 7 of 7 Cj ITE PL. AI, 3 L`. VILLACwE I- EVEI- UN i i i F 41 N Ag= A c- F 1 Z F GoNhTKuc- TIo1 1 1 I 8 I N 114 I w J N FOMTE In U22O C— malm Nm0N- co xZ C Of AMP d d cRR/ Vq r W C1 T eR C l pxtyTl 4 r ZC sR j v ExlsnNp uRvRE O Q fake r, L.. k£ HAIN Snowrnass Base Village interim BVila i- g 7 Few brua_ ry 6, 2009 Activity Activity Oig Early Early ID Description Our Start Rnish QY 25 r GaeN Anuvid. Subject to change based on approvals. PR01000I Preconstmction/ COmractng IS O6FEB09 26FEB09 PR010011 Building k7 re- design 30 06FEB09 19MAR09 steel ComuectionPRO50001 Steel shop drawings/ procure steel 45 20MAR09 21MAV09 eel shop drawings I procure steel Verdal Tram on P 14000 Elevator/ escalator shop drawings 30 27FED09 09APR09 PR140011 Approve elevator/ escalator shop drawings 10 t0APR09 23APH09 PR140031 Procure escalator 80 24APR09 13AUG09 l Deana escalator PR140021 Procure elevators# 1 and# 2 60 24APR09 16JUL09 Deana elevators# 1 and# 2 PR140041 Interim facade 42 28JUL09 23SEP09 Interim facade-------------- site ComuucdoaAA020001 I Mobilize to site 5 1 01MAV09' 07MAV09 IIIIII MObRIES to site'------------------ Vertical Trsmp nzdon AA140001 I Instal elevator# 1 30 17JUL09 27AUG09 nslell elevator--------------------, AA140011 Install elevator# 2 60 31JUL09 22OCT09 nMell elevator# 2 AA140021 Install escalator 70 14AUG09 19NOV09 Install escalator AA140031 Elevators/ escalator punchlist 4 20NOV09 25NOV09 levators/ escalater punchIIl Clowaet/ Punchkst AA200002 FINISH MILESTONE 0 25NOV09 FINISH MILESTONE site Comwcnioo i AL020011 Demolish elevator# 2 opening 3 15MAV09 19MAV09 coolish elevator 92 opening Canaan Camrmcdoo AL03000 Infill elevator k2 opening 4 20MAV09 25MAV09 IMill elevator k2 opening i Finish. Cwsnus4on AL090001 Fremartlrywalltape 8finish 10 30JUN09 131UL09 drYrrelVhpe BflNah AL090011 Painting 3 14JUL09 16JUL09 Inting AL090021 Flooring 5 17JUL09 23JUL09 Flooring Mechanical Comtruction AL750001 Mechanical/ radiant ibor rough in 5 19JUN09 25J11N09 AbehaNCal/ radiant floor rough in AL150011 Fire sprinkler rough in 2 25JUN09 26JUN09 Flre aprinkler h'In AL150021 Mechanical/ fire sprinkler trim 2 24JUL09 27JUL09 ale - acal I fire sprinkler trim EJeviml Corenx ion 4L760001 Electrkal rough in 4 19JUN09 24J1. 11, 109 ectrlcal rough In O L160011 A Eleclricaltdm 2 24JUL09 27JUL09 ElecMricalWm t O Clowoul/ Punchltst 7 N AL200Wl Punchlist/ final inspections 5 28JUL09 03AUG09 111111IFunchlist/ final ass--- Inspec0 a w0 arrows 06FEa09 Early Bar OWt Stwelt o13 J y sn zw — P roereu ear CFC/ PCL, aJOlnt Venture pats gWNnm sao w eFEe09 check. 4 m.Mpp m Z • wlMb zsurvostzas — cnacu^ p n Building# 7- PREUMINARV Exhib t' U — Classic Schedule Layout IZ of3 L_ m V N p Primavera Systems, Ina dCD X3: ZaWPcalcvL0 Activity Activhy Orig Early EadY ID Oesvlptlon Our Start Finish Rnishes Comttucton• Subject ochange P209D001 Fmme/ drywall/ tapa B finish 4 14JUL09 17JUL09 I Fre drywellryape& finis P20900„ Painting 2 20JUL09 21JULA9 Palming based on approvals. Mc iwl ConsWaion I P2150011 Fire sprinkler rough in I 1 2WUN09 2WUN09 Fire spdnkbr rough in Finishes Constmuion P1090001 Frame/ dryv2lVtape Bfinish 6 20JUL09 27JUL09 FranrJdrywall/ tape& finish P1090011 Painting 3 2WUL09 22JUL09 Iming P109DO21 Flooring 1 2WUL09 2WUL09 oodrg Modlsniwl Conswaion I j P1150001 MechansW rough in 4 26JUN09 TJUL09 Inouphin P1150011 Fire sprinkler rough in 2 30JUN09 O1JUL09 Fine sprinkler rough In P1150021 Mechanical/ lire sprinkler trim 3 24JUL09 20JUL09 Mechanical/ tire sprinkler trim Elcuieal Conssnscdon P1160001 Electrical rough in 3 25JUN09 29JUN09 Electrical rough In P1160011 Electrical trim 2 24JUL09 27JULD9 I EleoMtal trim Closeout/ Nwwist P1200001 I Punchlist/ final inspections P2& P1 4 29JUL09 I 03AUG09 Punchllst I final Inspections P2& API 1:3' i1Li" t9Rss Site ConswcdonIVL020001 Paver installation 10 27JUL09 O7A0009 Paver installation VLO20011 Landscaping 10 l0AUG09 21 AUG099 Landscoping Concrete Consmomon VLO30002 Modifications to concrete for steel roof 5 08MAY09 14MAY09 Modifications to concrete for sleN root VLO30005 Demolish elevator p2 opening 3 26MAY09 28MAY09 D Ilsh elevator p2 openlrrg VL030006 Infill elevator p2 opening 3 29MAY09 02JUN09 I irtigl elevator p2 opening---- MssovyComWCdonVL010001 Exterior masonry 5 O6JUL09 10JUL09 I! nE rlo, masonry steel ConswcdonVLO50001 Stmctural steel roof and metal deck 20 22MAY09 18JUN09 Sim uturel steel roof and metal deck Wate roofing Comwcsian VL070001 Roofing 7 19JUN09 I 29JUN09 Roofing VW70M Deck eaterproofing& topping slab 10 13JUL09 24JUL09 DBOk waterproofing& topping slab Door W Windows p 180001 Windows and storefront 3 24JUN09 26JUN09 NYUMOws and storehond p Isha Cosimn tion N790001 Extenor studs and sheathing 5 19JUN09 25JUN09 edi r muds and sheathing w 790011 Esitedor stucco 5 29JUN09 OWUL09 O J Me OSFFB09 - FM, 000, ShM2d3 U) • uNOVOS - pia„ CFC/ PCL, aJOint Ventura oat. 6.M. kn sus- I•a m Z a sat m mw rF i, - Crlwel' vctnib Building p7- PRELIMINARY( n " 6 g Exhibit B p cs c Classic Schedule Layout I2 of 3 V rN OPdmovens Systems, Inc. X za W O LCOCO0 Activity AcU ty Orig Early Early ID Description Dur Start Finish VL090100 Fr4me/ dryvralytape8fiNSh 0 2SIUL09 10AUG09 rema/ OrywalVtapa S11Nah VL0901f0 Painting 4 1fAUG09 14AU609 swalmlrg VLO90120 Floonng 3 17A0009 19AUG09 yI Flooring Mcluniw Cm uenon VL150001 Mechanical rough in 5 02JUL09 0S1UL09 11111111110, achanlcal rough in VL150011 Fire sDnnkler rough in 3 02JULDD 06JUL09 MFlre sprl kbr rough in VL150027 Mechanical/ vie spookier inm 3 20AUG09 24AUGD9 anlcal/ Rre sprkrklar Mm Electrical Caasvuctien VL150001 Electrical rough in 5 30JUND9 05JUL09 111111111111Daemfal rough in VL1fi0011 ElecMCal idm 2 20AU009 21AUG09 lElxWgltrim Cbmcut/ Puachlut VL2000D1 Punchlist/ Mal inspections 5 25AUG09 31AUG09 Purahllat/ final Inspections-------------' Subject to change based on approvals. 00NwO J y mU Cow 0Cim V N C4d X : Zacm W cmcvOSue Df ffirem EMr e0e1 ry° 13W3 n Dm 25rgvea CFC/ PCL, a Joint Venture Date nariaa^ cnxfe4 ra.. a Dais Dab 06PE a -% O2° S9 Bar E°n 0#a 2e. wros sus c^ WbJn Iy guildirg# 7- PRELIMINARY Exhibit A I Classic Schedule Layout 3 of 3 0 Primavera Systems, Inc. L- EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 22 of 40 m O xS awl N rr n ifr, ni rn.. N m EXHIBIT "B"o x. TOWN COUNCIL N Cr Ordinance No. 2. Series of 2009 Page 23 of o t7 40 r e' r 1. I RELATED WESTPAC January 30, 2008 EXHIBIT "B" TOWN COUNCIL Russell Forrest Ordinance No. 2, Series of 2009 Page 24 of 40 Town Manager Town of Snowmass Village PO Box 5010 Snowmass Village,CO 81615 RE: Interim Building 7—Cost Estimate i Dear Russ, Please accept the attached budget estimate for the construction of the proposed interim building 7. This estimate was compiled from several sources of Information and represents our best effort to estimate the cost of the project. Please note that the estimate Includes the temporary fayade as proposed in the Development Agreement, stairs from the Arrival Level to the Village Level and temporary landscaping. C We have Included the input we received from CFC/PCL, Baker Construction, Ridge Runner Construction, Bouma Corporation, RK Mechanical and Jeldwen Windows. Please feel free to contact me at(970)922-2853 if you have any questions or concerns. Sincerely, Scott Stenman VP of Development cc: Dwayne Romero,Jim D'Agostlno,Amy Mayer, Chris Conrad i I 132 West Main Street, Suite A,Aspen, CO 81611 970)5440620(1) (970)920-3384(1) EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Related Westpac Page 25 of 40 Temporary Arrival Center Budget 1/29/2009 General Conditlons/Requirements Overhead/General Conditions(7%) 164,000.00 Sitework GradingBackfi/Soll 40,000.00 Gould remaining contract Landscaping-grass and misc.planting 35,000.00 EaQmats Modify Village level partition wall 10,000.00 PCL allowance Allowance for site lighting,garbage cans,mlac,slgnage 6,000.00 PCL allowance Concrete Demo of concrete at P2 for stair opening'+rework structure 25,000.00 per RJC estimate Demo and Infill elevator openings 41,000.00 per CFCIPCL Topping slab at Village Level 34,000.00 per CFC/PCL Protect rebar 6,000.00 per CFC/PCL Masonry Masonry at facade,site wall and accent stone at Village Level 25,000.00 per Rldgerunner and Baker estimates Pavers at Village Level(2200 ef) 99,000.00 per CFC/PCL and RWP unitprices Metals Steel stairs from Village Level to P3 43,000.00 per Steelstar Misc Metals 6,500.00 Carpentry Exterior Metal Stud Framing 350,000.00 per Bouma estimate Interior Framing and drywall Ind per Bouma estimate Exterior Sheathing and Hardl Board plank siding Intl per Bouma estimate Bathroom partitions Ind per Bouma estimate Hollow Metal doors,frames and hardware Intl per Bouma estimate Framing of Roof Inc] per Bouma estimate Window Installation Ind per Bouma estimate Thermal and Moisture Protection Roofing-asphalt shingles 20,000.00 Per PCL added for faux roof elements Waterproofing Village Level structure S 36,000.00 Per PCL-JGS unit prices Doors and Windows Whldows(Doors at Village Level 23,695.00 Joldwen estimate Sliding glass door at Arrival Level 14,000.00 Per Cutting Edge cost for Building 0 Finishes Flooring-resillent flooring at arrival level and village level,slip resistant 2800 of of flooring Q$5 at,$1000 for texture at bathrooms 15,000.00 traffic topping at restrooms Painting-exterior siding and Interior walls,ceilings 35,000.00 PCL pricing plus alowance for exterior i specialties Mirrors 3,000.00 2 mirrors at bathrooms Bath accessories 2,884.00 per PCL-hand dryers,garbage cans, Fire extinguishers S 600.00 per PCL Misc.Code required slgnage 1,200.00 per PCL Allowance for wall graphics 43,000.00 per RWP paid to date x area planned Locker Room 30,000.00 allowance per Baker Varilcat Transportation Escalator,Elevator 1 and Elevator 2 S 474,562.00 per executed contract Fire Sprinklers Fire Protection S 14,000.00 PCL pricing doubled Fire Alarm allowance S 15,000.00 PCL pricing Mechanical EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 26 of 40 Plumbing at Men's and Women's bathrooms 41,050.00 Estimate per RK Mechanical Heating system(8 unit heaters) S 28.000.00 Estimate per RK Mechanical Exhaust system for bathrooms 7,500.00 Estimate per RK Mechanical Floor drains S 3,600.00 Estimate per RK Mechanical Snowmen at Village Level pavers 61,600.00 POL estimate using unit rates Electrical Electrical subcontract estimate 65,000.00 PCL estimate Site Lighting allowance 3,600.00 Lighting at Transit center 5,000.00 Subtotal 1,836,691.00 Contingency 6% S 91,834.65 Insurance(OCIP(8}2.76%) 53,034.45 IlUIAL i 4 i l EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 27 of 40 MEMORANDUM To: Town of Snowmass Village From: WHITE,BEAR&ANKELE, P.C. Special District Counsel to Base Village Metropolitan Districts Nos. I & 2 Re: Transit Center Ownership and Operation Date: February 5, 2009 This Memorandum will address the staff comments contained in the Meeting Packet for the February 2, 2009 Town Council Meeting and comments made by the Town Council at the meeting regarding the long term maintenance of the Transit Center and vertical circulation facilities by the Base Village Metropolitan Districts and the Town's right to use, operate and control the Transit Center after completion. Lone Term Maintenance. As an initial matter,the Amended and Restated Consolidated Service Plan.for Base Village Metropolitan District Nos. 1 and 2 ("Districts") approved by the Town on October 17, j 2006 ("Service Plan") enumerates the Districts' powers as public entities, including but not by way of limitation,to operate and maintain street improvements and parking structures, parking facilities, and public transportation facilities including transit centers, bus bays, escalators, elevators and other facilities for conveyance of the public (which includes the Transit Center and vertical circulation facilities). In conjunction with approval of the Service Plan, the Districts and the Town of Snowmass Village General Improvement District No. I entered into an Intergovernmental Agreement on September 30, 2006 ("GID Agreement') which sets forth the use and application of the Districts' tax revenues to support such public improvements. The GID Agreement lists the public infrastructure improvements, including the Transit Center, required to be provided through the Districts as the financing mechanism for such improvements. To that end, District No.2 issued tax-exempt bonds in 2008 ("Bonds")to fund construction of certain of the public improvements and approximately $13 million has been applied to construction of the Parking Garage, including the Transit Center. The Bonds are solely obligations of the Districts; Town revenues are not pledged to payment of the Bonds. However, the Districts are required to operate and maintain the Parking Garage, including the Transit Center, for the use and benefit of the public in order to meet the Districts' fiduciary obligation to comply with the Bond requirements and operate as public entities. Pending the acceptance of the public improvements by Base Village Metropolitan l District No. 1 and within the framework of the Service Plan, District No. I recently has entered 00220508.DOC\1}1 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 28 of 40 into three agreements that govern the District No. I's commitment to operate and maintain the public improvements in accordance with the original program for dedication and acceptance of these improvements. These agreements include: i)the Parking Garage, Loading Docket and Transit Center Easement Agreement dated July 24, 2008 ("Easement'); ii) the Parking Garage Management Agreement dated November 26, 2008 Management Agreement"); and iii)the Parking Garage Shared Use Agreement which has not yet been signed but was approved at the Metro District meeting on January 28, 2009 ("Shared Use Agreement'). The Easement was entered into prior to completion of the Parking Garage in connection with the issuance of the Bonds. The Easement provides the District with perpetual non- exclusive access to the Parking Garage and operates in conjunction with the Shared Use Agreement. Now that the Parking Garage is operational,the Shared Use Agreement further identifies the Transit Center, the common drive aisles and access areas (Common Use Areas) and the Districts' parking areas, as the areas available and required to be operated and maintained for the use and benefit of the public at large in accordance with the Bond requirements and consistent with the Districts' status as public entities. The vertical conveyance is one of many improvements within the Parking Garage that is not specifically identified as a distinct area, but falls within the general Common Use Areas that provide public access to the Transit Center and the Districts are authorized under the Service Plan to own and operate that type of improvement. The Management Agreement sets forth the terms for the day-to-day operation and maintenance responsibilities of District No. I for such facilities setting forth a detailed scope of work for every aspect of the facility. Detailed maintenance schedules and budgets are being finalized as the Parking Garage is in its first quarter of operation, and can be provided to the Town upon completion. Town's Right to Use,Operate and Control the Transit Center After Completion. Prior to the conveyance of the public improvements to District No. 1, the Service Plan, the Metro District's Rules and Regulations, and the agreements referenced above govern the public access to, and the operation, maintenance,and control by District No. 1 of the Transit Center and related public improvements for the use and benefit of the public.Transfer of ownership of the Transit Center to the District is not what provides the public access to the vertical conveyance or to the Transit Center for bus service and other authorized uses. The District has the right to use the premises per the Easement and the Parking Garage Shared Use 00220508.DOC\1}2 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 29 of 40 Agreement, and the obligation to operate and maintain the District-areas for public use per those agreements. The District Rules and Regulations and the Management Agreement provide the basic guidelines and specific responsibilities for operations. The Parking Garage Shared Use Agreement specifically acknowledges the developer's and District No. 1's responsibilities in meeting the Town's requirements under the 2004 Base Village Parking Management Plan, which provides that: For destination riders and transit providers, seven bus and shuttle parking stalls will be provided at the Village. The circulation plan has been developed to provide the necessary bus/shuttle bays per the Town's Comprehensive Plan. A two-way bus/shuttle circulation plan has been developed with bus-only lanes to ensure transit vehicles are given the necessary priority." The Shared Use Agreement further sets forth the program for acceptance and conveyance of the public portions of the Parking Garage to District No. 1 in accordance with the requirements of the Bonds. In order to balance between the on-going development-related uses of the Parking Garage including required construction staging, a date-certain for conveyance of the Transit Center under the condominium regime has not been able to be determined at this time. However,the Shared Use Agreement sets forth specific criteria for moving that process forward consistent with, in particular,requirements relating to the tax-exempt status of the Bonds. The Districts have taken the steps to insure that the Districts' interest in the Parking Garage, and the ownership and operation of the Bond-financed facilities are for the use and benefit of the public. Any proposal for expediting the transfer of the Transit Center and vertical conveyance, and to open the Transit Center as a fully operational facility to valet, shuttle and bus — service and other authorized uses, may be considered by District No. 1 and BVO consistent with theShared Use Agreement. The underlying agreements and development requirements that pre-date the existence of the Districts, the Service Plan that was approved by the Town, and the requirements under the Bond documents, lay the groundwork for the successful financing and construction of the Parking Garage and related facilities. The current structure and relevant agreements provide the necessary assurance of public access and long term operation and maintenance of the facilities, including the Transit Center and vertical conveyance,through cooperation between the Town and the Districts. Copies of all of the relevant documents and the Districts' Service Plan have been provided with this memorandum. 00220508.DOC\1}3 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 REC MED Page 30 of 40 MEMORANDUM FEB 112009 To: Town of Snowmass Village wwfriass village Community Development From: WHITE,BEAR&ANKELE, P.C. Special District Counsel to Base Village Metropolitan Districts Nos. 1 & 2 Re: Transit Center Ownership and Operation Date: February 11, 2009 This Memorandum will address staff comments in addition to those received in the Meeting-Packet for the February 2, 2009 Town Council Meeting and comments made by the Town Council at the meeting regarding the long term maintenance of the Transit Center and vertical circulation facilities by the Base Village Metropolitan Districts and the Town's right to use, operate and control the Transit Center after completion. This Memorandum supplements our prior Memorandum of February 5, 2009. Service Plan of the Districts. The Base Village Metropolitan District Nos. 1 and 2 ("Districts") are quasi-municipal entities empowered to provide certain public infrastructure, improvements and services, as described in the Title 32, Article 1 (the"Special District Act") and more particularly described in the Amended and Restated Consolidated Service Plan for Base Village Metropolitan District Nos. 1 and 2 (the"Districts")approved by the Town on October 17, 2006 ("Service Plan"). The Service Plan.is the enabling document that broadly enumerates the Districts' powers granted by the Special District Act, similar to the Town's home rule charter. However, those district powers are granted within specific limitations. The Districts are charged as public entities to be the caretakers of the public improvements that are constructed, financed, operated and maintained by the Districts, in the same manner as any other public entity. As noted in the prior memorandum the Districts are authorized to provide the following public improvements, including but not by way of limitation, to operate and maintain street improvements and parking structures, parking facilities, and public transportation facilities including transit centers, bus bays, escalators, elevators and other facilities for conveyance of the public (which includes the Transit Center and vertical circulation facilities). The Service Plan also anticipates the Districts providing public services and operating and maintaining the public improvements that are financed or provided by the Districts through intergovernmental agreements, including with the Town or other service providers. The Special District Act specifically limits the Districts' ability to act outside of the parameters of the Service Plan. In the event the Districts act in a manner that constitutes a material departure from the Service Plan, without permission of the Town, such action may be 280831 v:2 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 31 of 40 enjoined by the Court that approved the organization of the Districts upon its own motion or motion by the Town. Section 32-1-207 (3) (a), C.R.S. The Districts and the Town may determine at some point that the Service Plan needs to be updated, and in that case the District would need to petition the Town to make a material modification of the Service Plan and the Town would process such a request through its approval process or as if submitted as an original service plan. Section 32-1-207 (2), C.R.S. In addition to the statutory rights to approve material modifications to the Service Plan, the Intergovernmental Agreement between the Town and the Districts dated May 4, 2005 and appended to the Service Plan sets forth the limitations with respect to material modifications under the Service Plan ("2005 IGA"). The approval rights in the 2005 IGA were specifically negotiated at the time of approval and resulted in the modification to the original service plan for the Districts, resulting in the approval in 2006 of the Service Plan. The 2005 IGA specifically provides that a material modification shall include any matters enumerated in Section 32-1- 207(2), C.R.S. as well as four other specific matters relating to the issuance of debt, inclusions and condemnation proceedings. A copy of the 2005 IGA is appended to this supplemental memorandum for your reference: Thus, the Service Plan with all of its limitations is the governing document that the Districts are bound by and the Town's remedies in the event of a material departure from the Service Plan are spelled out in the statutes and the 2005 IGA. t In addition, the Intergovernmental Agreement by and among the Districts and the Town of Snowmass Village General Improvement District No. 1 ("GID") that was entered into effective as of September 30, 2006 as a condition to approval of the Service Plan implements the relationship between the Town and the Districts with respect to the financing and operation of the public improvements being provided by the Districts as broadly provided for in the Service Plan. Similarly the Service Plan anticipates the Districts entering into other intergovernmental agreements to specifically address day-to-day operational matters. The Districts have entered into an intergovernmental agreement that sets forth how the Districts work together to provide the public improvements and services under the Service Plan. This structure demonstrates the role that the Town continues to have in the functioning of the Districts. The Districts were created to accommodate specific needs of the Town as an alternative to financing the public improvements through the GID, as noted in the Introduction to the Service Plan. The Town reviewed and approved the Service Plan in the normal course of the formation of the Districts under Sections 32-1-202, et seq., C.R.S. After approval, the Town's role in the functioning of the public improvements provided by the Districts had remained an active one, through the use of operational-level intergovernmental agreements. Proposed IGA with Town for Building 7 Public Parking Facilities 280831 v:2 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 32 of 40 The Districts are required to operate and maintain the Parking Garage, including the Transit Center, vertical conveyances and related public improvements and facilities (the Building 7 Public Parking Facilities"), for the use and benefit of the public in order to meet the Districts' fiduciary obligation to comply with the Bond requirements and operate as public entities in compliance with statutory requirements. Pending the acceptance of the public improvements by Base Village Metropolitan District No. 1 ("District No. 1") and within the framework of the Service Plan, District No. I recently has entered into the Parking Garage, Loading Docket and Transit Center Easement Agreement dated July 24, 2008 ("Easement"), the Parking Garage Management Agreement dated November 26, 2008 ("Management Agreement"), and the Parking Garage Shared Use . Agreement which has not yet been signed but was approved at the District No. 1 at a District Board meeting on January 28, 2009 ("Shared Use Agreement") (collectively, the "Parking Garage Agreements"). While the above-referenced easements and agreements provide the necessary assurance of public access and long term operation and maintenance of the Building 7 Public Parking Facilities, the Districts will work with the Town to enter into a joint operations agreement for the administration of the Building 7 Public Parking Facilities("Joint Operating IGA") in connection with the development approval requirements currently pending before the Town for Building 7. It is the intent of District No. I to enter into the Joint Operating IGA with the Town to facilitate the acceptance of the Building 7 Public Parking Facilities by the District No.I while assuring certain access priorities and long-term maintenance obligations with respect thereto. The Joint Operating IGA will provide, among other things, for priority use by the Town and the Roaring Fork Transit Authority of the Transit Center and allow for additional use of the Transit Center for valet, shuttle, limousine, charter bus, or other transportation services for the benefit of the public as the Town may determine. The Joint Operating IGA will set forth the obligations of District No. 1 to provide for the operation and maintenance of the Building 7 District Parking Facilities consistent with the Service Plan and other intergovernmental agreements currently in place with the Town. It is anticipated that the developer of the project, Base Village Owner, LLC and its successors or assigns, will be responsible for the long term maintenance of certain improvements associated with the Building 7 Public Parking Facilities and the remainder of the Building 7 improvements not accepted by District No.1. Please feel free to contact the Districts if you have any questions: c/o William P. Ankele, Jr..1805 Shea Center Drive, Suite 100, Highlands Ranch, Colorado 80129. 280831 v:2 EXHIBIT "B" TOWN COUNCIL Ordinance No. 2, Series of 2009 Page 33 of 40 rRELAED January 26,2009 Dear John and Steve: Attached you will find the plans by Oz Architecture dated January 26h,2009 showing the proposed configuration for the clinic patient transfer area,and correspondence with 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 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 Mete Fire Marshal,Snowmass Wildcat Fire Protection District Steve Sewell Mountain Manager,Aspen Ski Company Please note the following items: 1. Site lighting to be provided & coordinated with Fire Dept. 2. Site lighting to have back- up power source. 3. Remote operation of the emergency access gates off Wood road to be provided to Fire Dept. ® ®} I I CIINIC CLINIC O I I I I EMER. / w EXIT Q W V ` O Z GATE ARM y v MU N O {{ L WJ' g1{ GURNEY Lt)Fi - AMBULANCE f\. iY N JCJ} Q d }} LITTER f Z Z Z iR NSF MER X O N O I SNOW MELTED W 1 BACK IL PLA K. >' O ? L.._ PLATFORM LIFT CANOPY snow MELDED Ilt TII i — KEYPLAN PLATFORM/ WALK PLATFORM LIFT r.- CLINIC DRIVE ELEVATION LW 1 DRIVE AT CLINIC- OVERALL PLAN/ ELEVATION RELATED W ESTPAC Janucry 26 2009 o r ZI U o a U o' o z m U N M j The lay- by area surface will be z 2 ' 4 a _ a flush with the adjoining sidewalk. x d a Stamped concert, colored l!J H I1111I s Ewmxc r concrete or pavers will be used to uWxtAS![ C WRB delineate the lay- by area. Signage RRE MuW will be provided to inform the p GATE ARMS wTH public this pull off is only for fire REMOTE ACCESS FOR EMERGENCY trucks. The area will be designed VEHICLES I to hold 80, 000lbs which is the 7 imposed loads of the fire truck. CLINIC DRIVE EMERGENCY ACCESS DIAGRAM i ... KEYPLLAAN DRIVE AT CLINIC- EMERGENCY ACCESS DIAGRAM RELATEDWESTPAC OWMASS BAS E V I LLAG E I Jallua Y 26, 2009 I C, i CUNIC VISITORACCESS EMERGENCY EMERG CY ENTRANCE EXIT ON \ 1-/ EMERGENCYEXIT ONLY u OCCUPANT o O) LOAD - 61 8399. 79' G 7 O Y 146% SLOPE N 1.00% SLOPE SNOW MELTED DRIVE 5'- 9' n J W 8400. 43' U d O CRNEY UFT Z AMCIULANCE M 0 10 SNOW MELTED 14'_ 5" B'_ W V N c) PLATFORM/ WAIKA 80- 1.0 I Z ID O CANOPY ABOVE Y T Z ! 0 ASSUME 2'- 6' SNOW K O o N LU C SKI BACK TRAIL BOUNDARY TRANSrORMER W CURB A GUTTER C POWERED UFT - CONNECTED 1. 00% SLOPE TO BACK 6610fNG GENERATOR 0 I4. 63R SLOPE YPLAN SKI BACK TRAM ENLARGED CLINIC DRIVE N 2 1Z rRELATEDW E S T P A C OF. SNOWMASS BASE VILLAGE Building 809 ETAI WA4L BELOW B J mH mU O 1 mUN i cp Z O Im i 3Z A O W da Z' S co IF ca H a Ehu p B. O. H. c zw9im Rsala Ne9aurer. a b` LL Skfleiet Fecioes i- 1=- Comn iryFadnes MOUNTAINCLUB ' 1.•" Pnskontlal O Slmb LEVEL Pt FLQQR PIAN_ i Ii i J O= 39Mroom O- 48Mmom i LEVEL P2 - A2. 1 . 2 - PROPOSED wesAPEaDc Building J BLDG. 8 PLANT SCHEDULE- TREES PA T h t ZXZ Snow storage shown in blue hatching O m W C a workS Gnwi tiW 10 T LJ/( J/ VrO( i//v v/ T IV/ VA N, v FYI NIO W, l]. 151 I1p]. y.) 59 a r4 El I M V a x , Z I J;• 0 co Z o X L: a lJ p I F- VCQIt 0;EDEMPLOYEE HOUSING UNITS AS CURRENTLY PROPOSED r I; r S SS SS , S do od m i^ i 3 94 -. Ad4Add5A$ A 9. ®. 9s4:. epA d3& 1 ' 1w . ' ax gS sa< dRAg d8 FI4 k9 397 r N: SVED k_ S Rev r[ D ll 20U9 g Ai dAd& dAd AY! 9 my°.. I owe a I II I do I F O CL LLI oQ3 ca u i gg Q 1a; e' ia239 53$$ 385 . lmm& m ." y UT Igo 888 8! 38 w„ i I AIN, DEVELOPMENT STATISTICS — MINOR PUD AMENDMENT WESSTPADC Minor g pp 4 4 40m 1 uw NORTH ELEVATION' K 14 is 10, Lu IL 91U` l' Il I. SN 11146. rit' J Wd iS i. nu. J SOUTH ELEVATIONS m fu„ OHO at• GG-- i. t• l. tL. e1 tt• W 1f._ lJ t• lJturl" JIt•• t• r• r_ rz rra r>• a-•>• s. ru- wrr rr• c a: arL-: r• as- a Io aoaJAaa Lui LLI 0. t WMM EAST ELEVATION . ELEVAnGNS C : . SHEET A6 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: February 17, 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: Please refer to the February 2 Town Council packet for full staff report. Section 1 of the Subdivision Exemption application notebook previously provided 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. 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. 4. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Please refer to the February 2 Town Council packet. 5. Staff Recommendation: Staff recommends approval of the enclosed resolution provided Ordinance No. 2, Series of 2009 (proceeding item) is approved. ATTACHMENT: 1) Resolution No. 4, Series of 2009 1 ATTACHMENT 1 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 3B 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-5-60 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; and WHEREAS,the matter was then continued to the February 17,2009 Town Council meeting for adoption in conjunction with Ordinance No. 2, Series of 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 TC Reso. 09-04 Page 2 of 3 owned 100% by the Applicant. 4) The Applicant proposes that the Town's approval of this subdivision exemption be conditioned 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 for Building 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. TC Reso. 09.04 Page 3 of 3 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. 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 Recorder's 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 36 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 for good 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 17`" day of February, 2009. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL Bill Boineau, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John Dresser, Town Attorney Exhibit "A" Resolution No. 4, Series of 2009 Page I of 3) lip ip Y M A IR H ..a6 c1 IY 1 pi • Y, n Y S 1'1'1 1 11l{ 1 IIY . I IIY • I IIY I I • ppQMQ o 0 iw 30 S i I I II rl. I I I F ryl•I 1 {elI {{ lis; IlNnillj{°{I it°aiii I 9 Ilnni t I I 1 A /III an171>,!piLl. 1 Ii 1!In1i711!' 1'1111 IIIIII !•III1 1 1 e 1IIIIllbIlltll!•Iili,i rrrrl ' IIfi 111111 1 i t111.....1 iiii 1 MiiI,,i ipps Nllllfll.iaa IOINI i li I IIIINI i A REPLAT OF LOT 3 BASE VILLAGE P. U. D A REPIAT OPLOT 3. BASE VILLAGE P.U. U.. LOCATED IN ME SOUiNWE1TONEQUARTER OP SECTION 1. TOWNSHIP 10 SOUT73. RANGE W WESTOFTNE 6171 P.M. - TOWN OF SNOWMASS VULAOCCOUN7Y OF Pn7JN. STATEOP COLORADO CANMi WAY io. r.a mwn U. rl• _ s Q 1_•. w W to r g 0 o i TETRA TECH t L BUILDING TIES FOR LOT 3 BASE VILLACE' P. U. D. LOT 3. BASE Vn LAOEPMMD LOCATED IN THESOUTHWESTONE- QOARIFR OF SECTION I. TOW HIP10SOU . RANGE S6 WEST OETHEME. M. TOWN OF SNOWMASS VILLAGE ODUMY OF P= N. STATEOECOLORADO CARRIAGE WAY ROW VARIES 2' NEYJ LOT/. 1 NE WOOD RD OW VARIES W 6 O OT 3 C.. 6' s. m x o ? 7. a? 9.2. 33.6 N rq um D 10.9' 23. 5' N 7 LOT 5 CD To TETRA TECH = asffi Z TOWN OF SNOWMASS VILLAGE TOWN COUNCIL PUBLIC HEARING NOTICE PUBLIC NOTICE IS HEREBY GIVEN THAT A CONTINUED PUBLIC HEARING WILL BE HELD BEFORE THE SNOWMASS VILLAGE TOWN COUNCIL. THE PUBLIC IS INVITED TO ATTEND AND COMMENT. DATE: Tuesday, February 17, 2009 TIME: During a meeting which begins at 4:00 P.M. at Town Hall or at such time thereafter that the item appears on the agenda of the Town Council. WHERE: Town Council Chambers Town Hall, 1s' Floor 0130 Kearns Road Snowmass Village, CO WHY: To receive public comment on an application by Bear Realty, Inc. ('Applicant') concerning a Re-' zoning to 'Multi-Family' (MF) and a revised Minor Preliminary Planned Unit Development and Amendment regarding the proposed Snowmass Club Circle development project. CODE: The application will be processed as a Re-zoning and Minor Preliminary PUD and Amendment application pursuant to Sections 16A-5-220, Amendments to Official Zone District Map, 16A-5-390, Amendment of Final PUD, 16A-5-300, Purpose Overview: General Restrictions, and 16A-5-340, Preliminary Plan, of the Town of Snowmass Village Land Use and Development Code. INFO: The project is proposed as a redevelopment of Parcel 10, Filing No. 1, Lot 1, of the Snowmass Club Subdivision (the old golf clubhouse/pro shop building site) involving 0.4 acre located on the south side of Snowmass Club Circle generally across from the Snowmass Club. The application includes a proposed re-zoning of the property to "Multi-Family" (MF), together with a triplex with condominium ownership, two-car garages for each unit, and surface parking spaces. A Buildout variation is proposed together with a parking variance. 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 continued public hearing to the following address: Snowmass Village Planning Department Town Hall P.O. Box 5010 Snowmass Village, CO 81615 Attn: Jim Wahlstrom, Senior Planner Additional or continued public hearings may be held before the Town Council at later dates, for which only published notice may occur. Town Clerk Telephone: 923-3777 Internet access to Council email: http://www.tosv.com Citizen Feedback Hotline: 922-6727 clerk(o)tosv.com Printed in the Snowmass Sun on January 14, 2009. MEMORANDUM TO: Snowmass Village Town Council and Planning Commission FROM: Planning Department DATE: February 17, 2007 SUBJECT: PUBLIC HEARING AND DISCUSSION: A re-zoning to 'Mufti-Family' MF), and a revised Minor Preliminary Planned Unit Development and Amendment regarding the proposed Snowmass Club Circle development project. The application involves a proposed redevelopment of Parcel 10, Filing No. 1, Lot 1, of the Snowmass Club Subdivision (the old golf clubhouse building site) involving 0.4 acre located on the south side of Snowmass Club Circle across from the Snowmass Club. Applicant: Bear Realty, Inc., represented by: Stan Clausen/Patrick Rawley, Stan Clausen Associates, Inc. Owner: Snowmass Club Associates, LLC Planner: Jim Wahlstrom, Senior Planner 1. PURPOSES AND ACTION REQUESTED OF COUNCIL: The purposes of the meeting would be to: a) Hear a presentation of the modified Preliminary Plan and Amendment application as revised October 27, 2008, received October 28, 2008; b) Open the public hearing and receive comments (see Attachment 4 for the written public comments received); c) Begin reviewing the application in accordance with the procedures outlined in Municipal Code Section 16A-5-340, Preliminary plan; d) Consider the recommendations of Town staff and the Planning Commission; Note: The Planning Commission findings or recommendations have been summarized or placed in the staff report below under the affected core issues; Therefore, the attached Planning Commission Resolution No. 3, Series of 2009(Attachment 1) is mainly provided for reference and public record purposes); and e) Provide directives to staff in preparing a subsequent resolution for consideration. 11. SUMMARY OF DESCRIPTION OF PROJECT. Reference the application materials that were previously referred to the Town Council and Planning Commission members on November 7, 2008. Please be advised that the application involves the requests for: IIPage 1. Re-zoning the property to "Mufti-Family' (MF); 2. Amending the existing PUD, which initially involves a Preliminary Plan, proposing a triplex with condominium ownership, and two-car garages for each unit; 3. A aarkina variance to allow 10 surface and garage parking spaces in lieu of the required 13 spaces; 4. A buildout variation to allow a residential buildout increase from 0 units to 3 actual units with a unit equivalency of 18.0 UE; 5. Developing into the Town's 15-foot wetland setback requirement, for both the existing pond and the replacement pond. Note: The approval of the buildout variation and the encroachment into the 25-foot wetland setback requirement would require approval by at least three quarters (3/4) of the members of the Town Council present and voting. III. BACKGROUND Why and how did the Preliminary Plan application inception process start: Pursuant to the Municipal Code criteria in Section 16A-5-390, Amendment of Final PUD, and in accordance with referexnced Section 16A-5-300, PUD Purpose, overview and general restrictions,:the amendment proposal qualifies as a Minor PUD because: a. it contains no more than four (4) dwelling/hoteUlodge or other residential units; and b. it contains no more than four thousand (4,000) square feet of nonresidential space. For a Minor PUD, a Sketch Plan application is not required and the review process may begin with a Preliminary Plan application. How the initial application process developed: March 12, 2008—The initial application was submitted. June 10, 2008—Following two rounds of completion review comments, the application was resubmitted and deemed complete for initial referral and review purposes. June 20, 2008—The application was referred to affected Town Departments, referral agencies and districts for review and comment. In addition to the Town Council and Planning Commission members,the application was referred to the Town Manager's office, the Town Clerk,the Town Attorney, Planning Department staff, the Transportation Department, Public Works, the Housing Department, the Town's Environmental Consultant,the Town's Traffic Engineering consultant,the Snowmass Water and Sanitation District, the Snowmass-Wildcat Fire Protection District, and the Army Corps of Engineers. (Note: The Code permits the referral and review of the Preliminary Plan application while the joint meeting was being conducted) July 21,2008— Review comments from the referral agencies were requested due on this date. July 21, 2008—A joint meeting of the Town Council and Planning Commission to hear a presentation of the proposal was held; Town Council passed Resolution No. 22, Series of 2008, providing directives to Planning Commission for their 21Page review of the application. Attachment 1 of the Planning Commission resolution appears to have addressed the Council directives. Pursuant to the Council directives at the joint meeting on July 21, 2008, applicable application materials were also sent to the Nordic Council and a Natural Resource consultant for review and comment(see Exhibit "D"of the attached Planning Commission resolution for the referral agency comments). The applicant has declined to response to the vast majority of the review comments until they know they have a viable project. August 6, 2008—First public hearing scheduled before the Planning Commission to commence review of the application. August 20, 2008— During this meeting to continue review of the initial application submission, the Applicant requested continuation of the hearing to the November 19, 2008 meeting. The purpose of the continuance was to provide the Applicant time to re-work a major redesign of the proposal, partly as a result of the oppositional public testimony received at the hearings on August 6 and 20, 2008, a staff recommendation for denial, and disapproving remarks from the Planning Commission. How the modified application process started and developed: October 13, 2008-The Applicant submitted a revised Preliminary Plan application. November 7, 2008—Following two rounds of completion review comments and resubmissions, the application was deemed complete, with the exception of the updated photo simulations (brought in later for Planning Commission review and Town Council referral packages), and the modified application was referred to affected Town Departments and referral agencies once again. November 19, 2008—Continued Planning Commission public hearing scheduled to hear a presentation by the applicant of the modified application. December 1, 2008 — Referral comments on the modified application were requested due. December 3, 2008—Planning Commission site visit and follow up meeting. December 17, 2008—Planning Commission meeting to review supplemental applicant information and a draft resolution. January 7, 2009—Planning Commission acted upon their Resolution No. 3, Series of 2009, which recommends that the applicant not be given permission to proceed to a Final PUD (see Attachment 1). IV. APPLICABLE REGULATIONS Public Hearing notification. Pursuant to Code Section 16A-5-60, the Applicant submitted signed affidavits for the required mailing and posting of the public hearing notices. The Town Council hearing notice was published in the Snowmass Sun on January 14, 2009. Review standards/criteria. The applicable Municipal Code that regulate this proposal include Sections 16A-5-340(b), Preliminary Plan Review Intent and Issues, 16A-5- 300(c), General Restrictions, 16A-5-310, Review Standards for PUDs, 16A-5-390, Amendment of Final PUD, and 16A-5-220, Amendments to the Official Zone District Map. 3 1 P a g e The'burden of proof' is on the Applicant to demonstrate compliance with the Code criteria for the applications being proposed. The Applicant has attempted to do so pursuant to Tab 1 and its sub-tabs of their application notebook and other drawings or plans along with supporting documentation such as supplemental reports and studies. The Town Council must be satisfied that such review criteria have been met and state as such as findings in a subsequent resolution. This application also represents a'Major Amendment'to the Snowmass Club Final PUD as stated in the legal notice. At the time of the pre-application conference to overview the proposal, it was determined that the proposal was a 'Major Amendment' to the Final PUD, and as a result, triggered a 'Full PUD' process. In this case, the proposal met certain thresholds for re-development and was allowed to begin with a Preliminary Plan review process. Pursuant to Municipal Code Section 16A-5-390(1)c, the review standards for a 'Major Amendment'to a Final PUD 'shall be considered,' but 'not be bound by' such criteria, which in summary are: 1. Consistency with the original PUD; 2. No substantially adverse impact; 3. Not change character;and 4. Comply with other applicable standards. Staff advises that"draft findings addressing these criteria could be stated in a subsequent resolution for consideration at a later meeting. V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS TOGETHER WITH SUMMARY OF FINDINGS AND RECOMMENDATIONS Summary of core issues: In summary, the Town Council needs to have a comfort level that the proposed re- zoning to MF and the accompanying Preliminary Plan satisfy the affected Code review criteria as to be demonstrated by the Applicant, and that the proposal is compatible with the nature and character of the immediately surrounding or adjacent areas. In short,the following questions should be answered when analyzing the core issues of the proposal: a. Does the proposed amendment to the zone district map meet the Code criteria? b. Is the project's orientation, building setbacks, mass, scale, density, intensity and volume compatible with or an enhancement of the character of the community in the immediate vicinity and the prevailing scale,form and proportion of the surrounding buildings adjacent to the site? c. Are views from the surrounding properties substantially or adversely affected? d. Are the landscape buffers adequate? e. Has the proposal acceptably preserved or mitigated existing water features and plant material? f. Has the Applicant adequately justified the proposed variations concerning buildout and the parking variance? g. Do the proposed community purposes seem adequate, and if so, are the community purposes being achieved as a result of granting the variations? (See 41Page the latest community purpose offerings by the applicant in Exhibit "C"of the attached Planning Commission resolution [Attachment 11). h. Is the access and circulation to and from the site, driveway, parking and garage spaces acceptable? If, after reviewing the proposed rezoning, Preliminary Plan and/or the core issues, the Town Council agrees or accepts the findings and recommendations provided by Planning Commission or Town Staff, then Staff could prepare a draft resolution for Town Council's consideration at the next meeting, as to be determined or directed by the Town Council. Specific core issues: The Planning Department staff has conducted a review of many sections within the application and has provided the observations and comments below for consideration during the meeting and presentation. The Planning Commission findings or recommendations have been summarized or placed below the affected core issues below; Therefore, the attached Planning Commission Resolution No. 3, Series of 2009 (Attachment 1) is mainly provided for reference and public record purposes. Rezoning to 'Multi-Farnlly' (MF): The application proposes a 'MF zone district, which does not need to be accepted if Town Council finds that such a proposal does not comply with the Municipal Code criteria. At this time, there is no development right to the development parameters listed in the MF zone district. The Municipal Code requires that the rezoning be accompanied by a development proposal or PUD. Town Council should be satisfied that the proposed PUD is of an acceptable design that meets related Code criteria before accepting a proposed rezoning of the property. Change of character: The immediate surrounding neighborhood (e.g., within 300 feet or the public hearing noticing range) does not appear to have changed significantly over the last two decades. Staff does not dispute that there has been a change of character within the community beyond 300 feet over the last five years. Staff comments/recommendations regarding basis of changed conditions or circumstances: Concerning possible changed conditions affecting the subject parcel, the building on site was utilized before as a pro shop, which likely included accessory office space(s), a retail component, and operational functions together with public visitations. These functions have since been relocated to the new clubhouse on Clubhouse Drive. The uses in the current building are primarily offices, and the allowed usages of Offices,'Nordic operations and golf course accessory functions are a permitted in the existing building per the current PUD Guide approved via Ordinance No. 3, Series of 2002. The public also visits the office spaces in the building from time to time. While there are operational changes within the building, the function of the building primarily remains similar, and visually it appears physically the same as in past years. 5 1 P a - e Concerning possible changed conditions affecting the surrounding neighborhood, Staff defined surrounding neighborhood as being the area within 300-feet of the subject site, similar to the owner notification requirements by the Code. Considering the small sized site(0.4 acre, the equivalent of a medium to large-sized single-family house lot), evaluation of changed conditions in the surrounding area should probably not extend beyond 300-feet,the equivalent of a city block. The golf course has been redesigned, and such usage of the golf course for recreational purposes remain the same, including the trail connection through the site. Staff acknowledges that development or redevelopment has taken place elsewhere in the community, the Snowmass Club area, and throughout Town. However, such examples should not necessarily lead to a finding that such changes elsewhere necessarily qualify or demonstrate a changed condition in the neighborhood immediately surrounding the subject site. On the other hand, Staff acknowledges that it could be possible to demonstrate an appropriately designed residential PUD on the site compatible with the existing conditions in the neighborhood. A redesign could incorporate steps or offsets in the building design together with larger setbacks or recesses similar to other existing structures (at least on the front and back sides of these existing adjacent units) on the adjoining properties. One additional point: Since the site is relatively small (0.4 acre or 17,424 square feet) and equivalent to a medium to large-sized single-family lot, rezoning to 'MF' in addition to packing in floor area, density and intensity to the maximum threshold allowed under a proposed MF zone districtt, seems inappropriate for such a site and the existing neighborhood. Planning Commission findings/recommendations: The Planning Commission found, for a preliminary plan level of review, that the proposed rezoning to MF can be considered and further finds that the rezoning request: a) Could be consistent with the Comprehensive Plan with respect to the proposed use for multi-family development considering that the predominant usages on adjacent properties or the surrounding neighborhood contains existing multi- family development with the understanding that the site is also designed for Recreation' on the Future Land Use Map, which seems to suggest that the golf/winter trail connection ought to be retained at minimum; b) Seems to be consistent with the purpose of the zone district to which the property could be designated but is not consistent with respect to intensity; c) Is compatible with surrounding zone districts, land uses and neighborhood character and might not result in a logical and orderly development pattern within the overall community at this time, considering that a PUD is required with the submission of the rezoning request and that the accompanying proposed PUD development with a free-market density of 7,5 dwelling units per acre (DU/ac) does not appear designed with sensitive massing and transitional intensity in relation to existing adjacent developments considering that adjoining Snowmass Villas has a density of approximately 7.7 DU/ac and that the adjacent Country Club Townhouses has a density of approximately 3.4 DU/ac; and d) The Applicant has demonstrated to the satisfaction of the Planning Commission that there have been changed conditions affecting the subject parcel and the surrounding neighborhood that justify the proposed zoning amendment. 61Page Project/PUD changes. The revised PUD application dated October 27, 2008 and received as of October 28, 2008 has changed as follows: FROM: A four-unit townhouse (two-duplex)proposal with two, 4-bedrooms units and two, 3-bedroom units and an average unit size of 3,342 square feet; TO: A triplex townhouse project with one, 5-bedroom unit and two, 4- bedroom units and an average unit size of 4,056 square feet. Based upon the current 'PUD' zoning, existing plat,the proposed rezoning to 'MF,' and the proposed PUD, below is a comparison table of the changes to the development parameters are further analyzed in the report below. COMPARISON TABLE OF DEVELOPMENT PARAMETERS Category Per existing bulldout chart, Per proposed PUD'zone or plat MF'zone,or Prel PUD Minimum Lot Area 0.4 acre, or 17,424 SF 12,500 SF minimum Minimum Lot Width Set by adopted plat or PUD Set by adopted plat or PUD 125.4 feet existin same frontage proposed) Minimum Building Setback Set by adopted plat or PUD Set b ado ted lat or PUD Maximum BuJJding Height None noted 38 feet resumed 38 feet Minimum Open Space 25%25% Maximum Floor Area or F.A.R. 20%approximately 0.75:1 per'MF'zone or per existing building 13,068 SF; coverage) 12,168 SF proposed Residential buildout 3 actual units 0 18.0 unitequivalents) Residential density 0 7.5 DU/ac. Staff Comments/Recommendations: See comments or recommendations below under the various core issues. Planning Commission findings/recommendations: As the Minor Preliminary Plan application was a result of the Applicant proposing an amendment to the current Final PUD, the Planning Commission also finds that: a) The Minor Preliminary Plan as currently designed may be considered an enhancement to the current PUD; b) The amendment,as currently proposed, appears to have a substantially adverse Impact or effect on the neighborhood surrounding the land where the amendment is proposed; and c) The proposed amendment might change the basic character of the PUD or surrounding area, if the design, massing and intensity remains the same as currently proposed. Unit sizes and density. The cumulative livable unit areas have decreased from 13,368 to 11,093 square feet(a 17% reduction from the initial application), not including the non-exempt garage areas of 1,075 square feet, in contrast to the decrease in units from four to three (a 25%reduction), which is the same percentage reduction for the calculated density from 10.0 DU/ac. to 7.5 DU/ac. 71Page Staff comments/recommendations: Attached is an updated comparison table prepared by Staff of the Snowmass Club Circle proposal against other townhouse style developments within the Town Attachment 2). The table attempts to clarify whether or not garage spaces were included or excluded in the unit square footages, considering the time in 1999 when garages were not exempt from the calculable floor area of multi-family developments. The table also shows the average square footages for the units at the Timbers. The tables shows the referenced the free-market units, although a specific breakdown of the club suite units (3-bedrooms) versus the townhouse units (4-bedrooms) could not be found. Instead, the average of all units in the Timbers units is provided. It is probably fair to say that the four townhouse units in the Timbers development are slightly larger than the average 3,215 square feet, perhaps up to around 3,500 square feet. Staff forwarded the comparison table to the Applicant in advance for review on November 21, 2008. At that time, the Applicant did not respond to the updated figures in the staff prepared comparison table. The Applicant has the option of submitting other data; however, staff advised that such information be consistent with Town approvals, maximums and limitations especially by previous zoning or PUDs. The main issue with the comparison chart is that the proposal, and its density, unit sizes, at cetera, should be compared,for purposes of evaluating compatibility, with other townhouse-like projects versus condominium project that have stacked units with typically more density. As a result of the comparison analysis, limitations on unit sizes ought to be considered for the proposed PUD. Be advised that staff has previously suggested to the applicant that they continue to work on modifying their application during the Planning Commission review in attempts to obtain a favorable recommendation from the Planning Commission. The applicant has declined to further amend their application at this time, and the current October 28, 2008 version of the application continues to be proposed. Planning Commission recommendations and suggested action: Based upon the current PUD application as revised by the Applicant, specifically the mass and scale of the buildings together with the density of the units on the property coupled with the intensity of use that results from the size of the three (3) units, the Planning Commission recommends to the Town Council that the applicant not be granted permission to submit a final PUD application. The Planning Commission further suggests that a potential amendment of the application to reduce the intensity of use of the property by reducing the size of the units as well as reducing the mass and scale of the structure could obviate the need for some of the numerous variations requested by the Applicant which could lead to a favorable recommendation by the Planning Commission. See further findings and recommendations below under the various core issues for more detailed information. However, the information above generally captures the proposal and the end results and recommendation by the Planning Commission. 8 1 P a g e Variation changes. The number of variations has been reduced from three to two with the modified application dated October 27, 2008. Maximum height and floor area ratios appear to fall within the limits in the proposed 'Multi-Family zone district, which has a height limit of 38 feet and an F.A.R. maximum of 0.75:1, or 13,068 square feet in this case. The revised proposal is near these limits. See below for further details. See the related Staff and Planning Commission recommendations below under the floor area ratio and plans' and the 'Building heights/massing' sections. Minimum lot size: The minimum lot size for the revised redevelopment proposal is 12,500 square feet(i.e., 3000 SF+ 1,500 SF for each of the 3 units, +500 SF for each of the remaining 10 bedrooms). The current lot size is 0.4 acre or 17,424 square feet. See the related Staff and Planning Commission recommendations below under the floor area and plan' sections. Floor Area Ratio. The proposed 'MF zone district has a maximum 0.75:1 F.A.R. or 13,068 square feet for the subject lot. Total floor area proposed that includes the livable units and the non-exempt garages, but not the exempt deck and patio areas, totals 12,168 square feet or a 0.7:1 F.A.R. Floor Plans. More specifically, the application mentions that there would be "limited sub-grade space." However, no basement level floor plans were provided to illustrate the area or cross-sections to show the height of such spaces. The application identifies 2,823 square feet of exempt floor area (25%of the livable space area). The application should more specifically identify where these exempt spaces are located besides the 700 square foot garage space, 180 square feet of mechanical space, and approximately 1,500 square feet of deck or patio areas. The application should explain where the remaining 400-plus square feet of exempt space is located. Deck and patio spaces. The proposed deck and patio spaces that total approximately 1,500 square feet are either exempt from the floor area calculation since placed above garages or because the areas fall within the 12% rule for the current proposed unit sizes. Staff comment/recommendation: See attached table for comparison of other recently approved townhouse projects, F.A.R.'s and unit sizes within Snowmass Village. Possible limitation of the unit sizes ought to be considered for the constrained site area to assist in meeting other Code review criteria. Planning Commission findinnalrecommendations: Pursuant to Municipal Code Section 16A-5-300(c)(5) and (7), "Dimensional limitations;and "Standards for granting variations" under the General Restrictions, the proposed application would meet the minimum area of the lot for the proposed 9 1 P a g c development, provided the proposed MF zone district is subsequently accepted and approved. Building heights/ massing. The building heights represented in the modified application appear to fall within the maximum 38-foot limit per the proposed MF zone district measured from both existing and proposed finished grades. However, the height measurement points on the roof plan Sheet tA6 do not entirely correspond to the measurement points on the colored building elevations in the application. The applicant's supplemental replies and information have corrected this matter. Staff Recommendation: The heights may not be as much of an issue as the massing of the building and its close proximity to the side property lines. Planning Commission findinus/recommendations: The proposed application would not require a height variation and would currently meet the 38-foot height limitation, provided the proposed MF zone district is subsequently accepted and approved. Secondly,the buildings' mass, scale and height of the development proposed for the PUD appears inconsistent with the building design guideline review standards and seems incompatible with the character of existing land uses in the area, which creates the impression that it may adversely affect the development in the surrounding area, because of the following findings: a) The block model originally presented was determined to be disproportionately represented in showing the actual height of an adjacent building as being higher than the proposal, and Planning Commission recommended further verification by use of surveyed Mean Sea Level (MSL) elevations of the proposed and existing adjacent building heights measured from both existing and proposed/finished grades, Supplemental information, including revisions to the block model, was provided by the Applicant for the meeting on December 17, 2008. Although MSL elevation data was not provided, the height information was based upon a known benchmark and determined to be acceptable for the purpose of verifying the proposed project transitions in roof height between the existing, adjacent buildings. (Note: See supplemental referral package provided by the applicant dated January 20, 2009 for the Town Council's review). b) The proposed structures may unacceptably incorporate a plan design that avoids overwhelming the surrounding mountain or surrounding neighborhood environment because the new building, in particular the massing of the building, does not appear to be designed to be set appropriately on the site considering the transitioning slopes and proximity to Snowmass Club Circle. c) The proposed design of the building does not appear to satisfactorily convey the perception that the building is not monumental in scale, including its relationship to the scale of surrounding adjacent buildings, because: i) There are concerns about the scale, form and proportion of the proposed building that does not appear to relate well to the massing or form of the prevailing surrounding, existing buildings in the immediate vicinity of the site, 101 Page with the potential exception of the transitioning heights of the buildings that were adequately demonstrated and verified by the Applicant; and ii) The current design of the building does not appear to respect human scale, in particular along the trail on the east side of the site, as a result of the reasons stated above. View impacts/visual imagery. The visual imagery in the application represents the massing of adjacent buildings as three-story buildings with no representation of offsets or setbacks of the upper levels, as currently exists on these sites. Staff comments/recommendation: See previous comments above under'Building heights/massing.' Planning Commission findings/recommendations: The proposed building appears to create the impression that it could be satisfactorily oriented to take advantage of views and view corridors, and to frame views and enclose open space, as A would appear, being positioned farther away from public roadway(as modified since the initial application)and positioned at one of the lowest points in the immediate area, to potentially convey the preservation of important sight lines, overlooks and landmarks as viewed from Snowmass Club Circle and other public spaces, and as viewed from neighboring developments, H the building could be set back further or the upper levels stepped back, or a combination thereof, in particular along the side elevations. In addition, upon a site visit by the Planning Commission on December 3, 2008, the mountain views, in particular of the ski mountain and Mount Daly, from the two nearest adjacent units would appear not to be substantially or adversely impacted by the currently proposed development. Bulldout variation request. A residential buildout variation is proposed. The Comprehensive Plan's Buildout Chart references no residential buildout for the subject site, and the proposed triplex with the large units individually calculate to a total of 18.0 unit equivalents. The buildout variation request requires super-majority vote by Town Council via an ordinance per the Code. Staff Comments/Recommendations: Since a buildout variation is proposed in addition to a rezoning request,the Applicant should work diligently with the Town and adjacent owners to achieve an acceptably designed project. Because the proposal exceeds 65%and 100%of the designated residential buildout, unique and exceptional' circumstances also need to be demonstrated by the application in addition to a community purpose item, including whether the Applicant has demonstrated that the proposal exceeds the PUD review criteria standards. Further justification seems to be in order for the proposed buildout variation, such as what the Applicant believes are the 'unique and exceptional circumstances' per the Code to warrant the variation in addition to a required and satisfactory community purpose that is achieved as a result of the granting of the variation. 111Page Planning Commission recommendations: See related findings and recommendations below under the 'Community Purpose' section. Community Purposes. See Exhibit "C"of the attached Planning Commission resolution for the latest community purpose offerings by the applicant (Attachment 1). Other than the community purposes of 'encourage sustainable development' and encourage of better design' offered in the application, an optional community purpose for a proposed buildout variation could be proposed. Staff Comments/Recommendations: If offered by the applicant, employee housing over and above the required amount, which is zero in this case for the proposed redevelopment, could qualify as a community purpose. Due to the significantly large-sized units proposed, there might be room for an employee unit or two with separate entrances above the garages, for example. Such a community purpose, if proposed, might also be considered an enhancement to the existing PUD. There should also be consideration whether 'sustainable development is achieved by proposing large unit sizes and whether a 'better design' is achieved by not off- setting or recessing the upper levels of the proposed building or by incorporating the upper levels into the roof portion of the structure,thus reducing the mass of the building and for possible consistency or compatibility with the massing of existing buildings on adjacent properties. Reference the attached table for comparison of other recently approved townhouse projects, F.A.R:s and unit sizes within Snowmass Village (Attachment 2). Plannina Commission findings/recommendations: The Applicant's offered community purpose(s), do not appear to be entirely legitimate as the proposed buildout variation from zero to the three units, which calculate to 13.75 unit equivalents without the garages and 18.0 unit equivalents with the garages, and the proposed community purpose(s) do not appear to be in balance with the significant buildout variation request, because: a) good design, landscaping,the preservation of golf/Nordic path, the replacement or mitigation of the wetland pond are standard requirements or typically desired elements for the proposed development, which in this case is not entitled as a result of the proposed rezoning to MF; b) the proposed development does not appear to necessarily provide improved economic sustainability over existing conditions as a result of the large unit sizes being proposed,which are considered cold beds versus high-occupancy turnover beds, thus making the proposal seem less consistent with Comprehensive Plan policies; and c) the application does not appear to satisfactorily demonstrate that an acceptable community purpose could be achieved as a result of granting the buildout variation. In addition, the proposed development receives a redevelopment credit per the Code, and such calculation reveals that no employee housing square footage would be required. However, employee housing provided above any mitigation 121Page requirement could be considered a community purpose for the granting of the buildout variation request. Landscape plan/tree mitigation. The plant material legend on the landscape plan Sheet LA1 should reference the quantities and sizes of the materials to correspond to the illustrative drawing. Without the information,it is difficult to determine the adequacy of the proposed buffering treatment. There are no coniferous trees proposed on the site to provide year-round screening of the proposed project. Concerning tree mitigation, the Municipal Code requires mitigation of trees 14 inches or greater in caliper. The application proposes to relocate existing trees,which are under 14 inches in caliper, off-site onto adjacent properties. However, the Applicant did not obtain written, signed consent from the affected adjacent owner(s). The Applicant has attached a memorandum dated November 6, 2008 behind Tab 12A in the application clarifying the intent of the Applicant's plan to work with the adjacent owners on an agreement to allow relocating existing trees off-site. Staff comment/recommendation: The 10-foot building setbacks would likely not provide enough growing space for coniferous trees. Coniferous trees would provide additional year-round screening or buffering. An agreement between the adjacent owners and the applicant concerning the relocation of on-site trees off-site might assist in dpmonstrating adequate buffering of the proposed development. Planning Commission findings/recommendation: The preliminary Landscape Plan Sheet LA1 dated October 17, 2008 in the Minor Preliminary Plan application appears minimal for year-round screening and buffering, especially along the east and west property lines, because of the nominal building setbacks proposed, utility locations or possible drainage needs, such as the potential swale, other facilities or capacity of lines that might be necessary to accommodate historic off-site drainage flows through the site. Additionally, as a result of the proposed relocation of existing trees from the site onto adjacent property and the explanation of Applicant's intent provided in the application, the Applicant should obtain a formal consent and agreement from the adjacent owner or homeowners' association concerning, for example, how irrigation would be repaired if damaged, how the existing irrigation system for the new trees would be retrofitted, the costs associated with those changes including the parties responsible, and an identified party that would replace the relocated tree(s) rf they die within a certain period, among other possible desired or related details, at the time of Final PUD submission if granted permission to proceed. Open space. It appears evident that the proposal meets the 25%open space requirement under the proposed MF zone district. However, the application makes reference to percentages of open space, landscaped area, pedestrian paths, and other hard surface areas that calculate to over 100%of the site area. Staff commenUrecommendation: These figures should be clarified, because landscaped areas, hard surfaces, and building coverage should total or equal to 131Page 100%of the site area. Open space would generally be the site area minus the building coverage. Planning Commission findings/recommendation: The proposed application would not require a height variation and would currently meet the 38-foot height limitation, the minimum 25 percent open space on the site, and the minimum area of the lot for the proposed development, provided the proposed MF zone district is subsequently accepted and approved. Traffic Impact study and air quality analysis. Due to the size of the proposal, the Applicant has requested a waiver of these submission requirements administratively, which appears permissible per the Municipal Code standards. According to the Municipal Code, the Planning Director may waive the traffic report requirement"for proposed development that contains less than five (5) dwelling units, or less than two thousand (2,000) square feet of non-residential space." The application has made a request to have the traffic impact report waived. Staff comment/recommendation: With the initial submission, staff referred the application to the Town's Traffic Engineer consultant who responded that there would be "no need for the applicant to submit a traffic study per the code cited in-the application letter." See Exhibit"D"of the attached Planning Commission resolution (Attachment 1). Planning Commission recommendation: The TIA does not appear needed pursuant to the trip generation findings (see below) and because the proposal meets the Code thresholds for not requiring a TIA. Traffic Impacts, and questions on new unit trip generation and its impacts, including how traffic in and out of the garages might or might not interfere with Individualized trips: Staff requested that the Applicant should further respond to justify the proposed design and potential trip impacts or conflicts in accessing or leaving the parking/ driveway and garage areas on the subject site for the proposed development, as this was also an earlier Planning Commission concern. Staff oomments/recommendation: Also per the Code, a mufti-family unit (not two-family dwelling)generates 5.0 trips per dwelling, or in this case 15 daily trips. This amount would calculate to slightly over one trip per hour on average during the daytime, assuming all the units are occupied, which would seem to have a negligible impact. However, the large units and bedroom counts could potentially generate additional traffic. Planning Commission findings/recommendation: The project is estimated to generate 15 to 24 vehicle trips per day, or an average of one to two trips per hour during the daytime, pursuant to trip generation figures provided in the Municipal Code. The vehicular traffic impacts from proposed project upon ingress and egress movements from the garages, the proposed parking area and upon Snowmass Club Circle appear minimal. 141Page Parking. A parking variance is proposed to lessen the amount of required parking 13 spaces for the 13 bedrooms) on the site to 10 spots with no tandem parking, together with a proposal to utilize the parking across the street, which is not owned or controlled by the Applicant. Staff comments/recommendations: If the unit sizes were reduced with a less number of bedrooms, the parking requirement could be lowered, perhaps avoiding a parking variance request. Due to the high demand for the parking spaces across the street by other off-site nearby usages, utilization of these parking spaces by the proposed development should not necessarily be considered available as a parking provision to meet the parking demands or requirements of the proposal since such spots are located off site and not under the control of the Applicant. The site is close to an existing bus stop that may alleviate a potential parking demand situation. Plannino Commission findings/recommendations: The Applicant's proposed a variance from the on-site parking standard of 13 spaces to 10 on-site spaces appears satisfactory. While the proposed parking variance request is inconsistent with the review standards, because the request is self- imposed and a result of the applicant's proposed project design, a variance from the parking standard of one space per bedroom is preferred or recommended for consideration in lieu of an alternative parking plan, because: a) There appears to be an adequate number of parking spaces for a potential shared arrangement in the 26-28 space parking bay across the street, if needed and subject to owners' approval, considering the amount of activity envisioned and because the proposed multi-family usage would likely generate less traffic than the current commercial/office usage; b) The language in the current PUD Guide in Ordinance No. 3, Series of 2002, or the Right-of-Way License Agreement concerning the restrictions on the off-site parking usage would need to be remedied, clarified or redefined, especially if an alternative parking plan for a shared parking arrangement is proposed over a parking variance; and, if a shared arrangement is proposed, then such parking should not be used for purposes of long-term storage of vehicles. c) There are nearby pedestrian trails and a bus stop near the site; but, potential ridership demand upon the shuttle system could be significant during peak times as a result of the previous review comments attached from the Town's Transportation Department(Exhibit"D" of the resolution —Attachment 1); and therefore, perhaps the parking requirement should be met on the site. Restrictions on usage of parking across Snowmass Club Circle. The current PUD Guide approved in Ordinance No. 3, Series of 2002, for Parcel 10, Filing 1, Lot 1 (the old golf pro shop site) has the following development parameters: 1. The existing building situated on Parcel 10, Filing 1, Lot 1, also known as the old clubhouse will be primarily be used for the property management of the Snowmass Club Villas, Nordic operations, offices for Snowmass Club Employees, and a Comfort Station for the golf course. 151Pase 2. Development Standards: Lot Size: 0.40 acres more or less Permitted Uses: Offices, Nordic Operations, Golf Course accessory building Required Parking: 26 to 28 spaces along Snowmass Club Circle in proximity to the Fairway Center will be maintained by SCA. The spaces are available year round for use by the Fairway Conference Center, the Parcel 10, lot 1 building, and other Snowmass Club operations. Parking Surface Area on lot: none Staff comments/recommendations: The Town's Public Works Department has indicated that part of the 26-28 space parking bay is within public right-of-way, which is a reason why the referenced license agreement below was executed in 2003. Pursuant to excerpts from the Snowmass Club Circle Right-Of-Way License Agreement recorded March 3, 2003,the parking along Snowmass Club Circle across the street from the proposed redevelopment is, "to be utilized solely for overflow parking for the Villas Conference Center and for Nordic Activities all as described in and in conformance with the provisions of Ordinance No. 3, Series of 2002." As noted above, it appears the other allowed usage of the parking is by the existing building on the subject site, but it does not specif ically reference that a redevelopment of the site may utilize the parking spaces on the street. Planning Commission recommendation: Another recommended option would be to reduce the amount of bedrooms on the site in efforts to meet the parking requirement on the site versus relying on off-street parking provided by other property owners, therefore, lessening the ridership demand on the existing shuttle route. Brush Creek, riparian and wetland impacts. The proposed development is not within 25 feet of the Brush Creek stream corridor. However, the proposed redevelopment is within 25 feet of a wetland area, and it proposes to partially replace the existing drainage and wetland pond on the site. The application states that a restoration plan was provided as part of the landscape plan. The Town Council may authorize other types of development within the setback area by a super-majority vote subject to reasons explaining why the proposal is unable to avoid the setback area. Additional water quality control features were added to the civil drainage plan since the initial application review. Clarification of wetland/pond replacement, encroachment, affects of impact upon Brush Creek, review standards, and clarification of comments from Natural Resources consultant - See attached second set of review comments from the Town's Natural Resource consultant(Exhibit°D"of the attached Planning Commission resolution—Attachment 1). The recommendation for this particular site development is that the wetland pond replacement be equivalent in size at minimum. Also, as the proposal is currently designed, it appears that the drainage impacts are greater with this proposal than what currently exists on the site. Also see review comments from the Town's Environmental consultant along with a response from an Applicant representative (also reference Exhibit"D" of the attached Planning Commission resolution). Lastly, see attached latest comments from the Army Corps dated January 26, 2009 Attachment 3), the applicant's proposed activity in approximately 0.2 acres of wetlands was authorized by a Nationwide 29 Permit. Reference Attachment 3 for the latest round of referral agency comments received regarding this matter that identifies outstanding concerns. Staff comments/recommendations: It appears that the proposed new buildings would also be placed within 25 feet of the replacement detention pond of a 850 square foot water feature, which does not clearly illustrate or describe in specific detail the recommended 1:1 replacement especially if the Army Corps believes the disturbed wetland area is 0.02 acres. Staff requested that the applicant prepare a plan demonstrating whether the new building would meet the Town Code's 25-foot setback requirement from the replacement pond. An updated supplemental plan was provided as of January 20, 2009 and sent to affected referral agencies (see Attachment 3 for latest round of review comments), but the plans still show that the proposed building would be within 25 feet of the replacement pond. Current encroachment/replacement of the pond requires super-majority vote of the Town Council by ordinance per Code and subject to reasons explaining why the proposal is unable to avoid the setback area. Planning Commission recommendations: The site is located within the 'Multi-Family/Golf Course Development' Impact Zone and the 'Brush Creek Impact Zone' per the 'Environmental Sensitively Map' in the Town's Comprehensive Plan. The Applicant submitted a Brush Creek Impact Report that was referred together with the application's civil, grading, drainage and erosion control plans and other related information to the Town's Natural Resource and Environmental consultants as well as the Town Engineer for review and comment. Pursuant to the comments received in attached Exhibit "D" (of Attachment 1), it is recommended that the experts and Applicant consultant'be on the same page' concerning the Army Corps of Engineer requirements and that the technical aspects involving the drainage and wetland impacts be addressed or resolved by the Applicant for a preliminary level of review prior to final Town Council consideration of the Minor Preliminary Plan application. Secondly, it is recommended that the proposed removal of the wetland pond be offset at a minimum 1:1 mitigation ratio. The water/pond feature is appropriate for aesthetic reasons as well as for water quality control purposes, but flexibility should be exhibited when considering the setback reduction from the replacement pond to the proposed new building. On the other hand, if the intensity of the proposed development were reduced, the required 25-foot wetland setback might be met. Per the Municipal Code, the Town Council may grant an exception to this standard for other types of development by 17IPage super-majority vote via an ordinance, identifying the reasons why the development is unable to avoid the setback area. Fire hydrant access. If the golf cart path is lobe moved to the east by four feet, narrowed from 12 to 8 feet and continued for usage as a drainage spillway, it might more be difficult for fire protection equipment to maneuver and access the nearest fire hydrant on the east side of the site. Staff comment/recommendation: There is another fire hydrant off of Snowmass Club Circle. The revised application was referred to the Snowmass-Wildcat Fire Protection District for review (see attached comments dated November 12, 2008 in Exhibit"D"of the attached Planning Commission resolution—Attachment 1). Planning Commission recommendation: The Applicant should address, respond to or resolve the attached review comments from referral agencies attached in Exhibit "D"of the resolution that are related to the standards noted above prior to final Town Council consideration of the Minor Preliminary Plan application. Shadow impacts. The applicants solar impact studies are provided in their application behind Tab 10j and 10k. Staff comments/recommendation: According to the shadow study provided by the Applicant, the proposed building relocation and height would not cast a shadow on Snowmass Club Circle directly to the north of the site on December 21 8. Planning Commission findings/recommendation: The solar and shadow analysis appears to represent limited or insubstantial impacts upon Snowmass Club Circle and upon the adjacent buildings on the adjoining properties. Trail /cart path. The application was referred to the Nordic Council. See the review comments in Exhibit"D" of the attached Planning Commission resolution. The application proposes to grant an easement to the Town for continued trail and winter usage. Staff comment/recommendation: The operational requirements of the Nordic Council including the design of the trail still need to be resolved between the applicant and the Nordic Council. Plannina Commission findino/recommendation: The application proposes to relocate and reduce in width the golf/winter trail on the east side of the site, and the Applicant should address, respond or resolve the review comments from the referral agencies related to this matter in attached Exhibit "D"of the resolution prior to final consideration by Town Council on the Minor Preliminary Plan application. 181Page Energy conservation. The applicant's energy conservation proposal is identified behind Tab 16 of their application. Staff comment/recommendation: The application seems non-committal in the usage of the proposed energy conservation methods by using language such as, "considered; "may be utilized," and "may include." Planning Commission findinos/recommendations: The application appears to have satisfactorily demonstrated that the proposed units would: a) be oriented toward the south for maximum solar heat gain, b) provide high efficient condensing boiler for the snowmelt system that would also lessen the impact of snow storage along Snowmass Club Circle, c) provide fluorescent lighting, and d) use Energy Star appliances. One last set of points: It does not appear that the revised building design mimics existing adjacent structures, especially considering the massing of the building and roof forms. The project may be similar in scale (height) in some cases, but not similar in mass. If the units were restricted in size and not so large as currently proposed, there might be an opportunity to: a) further increase the building setbacks, which may be established by the proposed PUD, b) enhance or increase the landscape buffering, c) allow recesses or off-sets of the upper building levels, and d) incorporate the upper third level into the roof structure by lowering the building height. Such changes 9 incorporated might be considered compatible in design, mass and scale with the existing development on the adjacent properties. Again,the PUD plan should be of an acceptable design, orientation, height, mass and scale prior to accepting the proposed rezoning to 'MF and the buildout variation. When referencing the attached comparison table of other free market townhouse development either existing or approved within the Town of Snowmass Village Attachment 2), the Snowmass Club Circle proposal has the least number of units. However, when comparing the F.A.R. (based on unit sizes) and the density proposed against the lot size, the proposal is approximately double the F.A.R. and would have a range of 50%to 300%more density than other townhouse developments within the Town. On a separate note, it might be advantageous to have available a transitional zone district between single-family and multi-family in the Municipal Code that may be more appropriately suited for the small site. The comparison analysis also leads Staff to believe that the application may be attempting to maximize the full development potential (i.e., 'highest and best use') under the proposed MF zone district (albeit not exceeding the parameters), rather than focusing on attempts to transitionally design a project that could possibly be compatible or consistent in design, scale and mass with existing developments on adjacent properties, especially the adjoining townhouse development. Other recently approved townhouse developments have maximum unit sizes of 2,400 to 2,500 square feet (Fanny Hill Cabins and Woodrun Place), within the Town Core no less. Owl Creek Townhouses have maximum unit size of 3,500 square feet located near the base of the ski area. 191Page Site visit. The Planning Commission held a site visit on December 3, 2008 together with the various stakeholders. Town Council should also determine it a site visit might be beneficial. Staff has previously advised the Applicant that it would be proper to also stake the property lines of the site by different stake color in addition to the already yellow- staked locations for the proposed building. This might help to better visualize the relationship of the proposed building to the site area,the proposed setbacks or separation distances, and the adjacent structures versus attempting to utilize adjacent off-site existing landscape buffering to justify the proposal. Staff also recommended that the applicants block model illustrate or ghost-in the property lines for reference purposes next time it is brought to a meeting. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments: 1. Planning Commission Resolution No. 3, Series of 2009, with exhibits, including the referral agencies review comments as Exhibit "D." 2. Comparison table prepared by staff of the Snowmass Club Circle proposal against other townhouse style developments within the Town. 3. latest round of referral agency review comments per supplemental information or drawings submitted January 20, 2009. 4. Public comments received on the revised application dated October 27, 2008. Separate Handouts previously issued: Reference the revised application booklet dated October 27, 2008 that was previously referred on November 7, 2009; and As previously provided to Planning Commission, please reference the applicants supplemental information packet dated January 20, 2009, referred January 22, 2009. VII. NEXT STEPS Next Steps include: D Continue the public hearing to the next meeting; and/or 9 Schedule a site visit, if desired; and/or Continue review of the application or core issues; and/or Direct that staff prepare a draft resolution for consideration at the next meeting. 201Page TOWN OF SNOWMASS VILLAGE ATTACHMENT 1 PLANNING COMMISSION TC Report 02-17-09 RESOLUTION NO. 03 SERIES OF 2009 A RESOLUTION PROVIDING THE PLANNING COMMISSION FINDINGS AND RECOMMENDATIONS REGARDING THE PROPOSED SNOWMASS CLUB CIRCLE MINOR PRELIMINARY PLAN. WHEREAS, Bear Realty, Inc. ('Applicant"), as consented by the Snowmass Club Associates, LLC ("Owner"), initially submitted on March 12, 2008 and updated as complete on June 10, 2008 a Preliminary Plan application for the Snowmass Club Circle redevelopment ("Project') involving Parcel 10, Filing 1, Lot 1, of the Snowmass Club Subdivision encompassing approximately 0.4 acre of impacted area ("Application"), which at the time requested variations from building heights, floor area and buildout designations or limitations; and WHEREAS, the Applicant requested an administrative waiver of the traffic impact analysis (TIA) and air quality analysis pursuant to the provisions of Municipal Code Section 16A-5-340(c)(2)'o' and 'p' as the proposed development met the thresholds for making such a request; and WHEREAS, pursuant to Section 16A-5-340(d) of the Snowmass Village Municipal Code ("Municipal Code"), the Snowmass Club Circle Minor Preliminary Plan Application was presented to a joint meeting of the Town Council and the Planning Commission on July 21, 2008; and WHEREAS, pursuant to Section 16A-5-340(d)(1) of the Municipal Code, the Town Council on July 21, 2008, via Resolution No. 22, Series of 2008, identified the specific components within the application, including project elements, specific areas of the Land Use and Development Code or core issues, that the Planning Commission shall focus upon during the course of their review and provided the direction that the application review shall take; and WHEREAS, the Planning Commission reviewed and provided comments on the initial application at public hearings on August 6"' and 20"', 2008, following a presentation by the Applicant, consideration of Staff recommendations and the public comments offered, and the Applicant subsequently request at the August 20' meeting a hearing continuance to November 19, 2008 for purposes of preparing a modified design of the proposal in response to the Planning Commission concerns; and WHEREAS, the Applicant, as consented again by the Owner, resubmitted a redesign of the Minor Preliminary Plan on October 13, 2008 and updated as complete on November 7, 2008 for referral purposes to affected Town PC Reso 09-03 Page 2 of 10 Departments and agencies, together with supplemental submission of photo simulations on November 11, 2008, and requested for a variation from the buildout designation and a parking variance; and WHEREAS, the Applicant submitted supplemental responses, information or modifications to the plans in response to comments and concerns expressed by the Planning Commission and Town Staff through the course of the review; and WHEREAS, the Minor Preliminary PUD dated October 27, 2008, as generally illustrated and described in attached Exhibits "A" and "B," includes a summary of plans and information related to the application that are incorporated herein by reference; and WHEREAS, the Planning Commission reviewed the modified application, and the supplemental information or updates thereto, at continued public hearings on November 19-I.h, December 3'0 and 170, 2008 and January 7, 2009, providing their recommendations to the Town Council via this Resolution No. 3, Series of 2009, formerly reviewed in draft form as Resolution No. 11, Series of 2008; and WHEREAS, the application was reviewed and processed in accordance with the provisions outlined in Section 16A-5-340 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Town of Snowmass Village, as follows: Section One: Findings and Recommendations. The Planning Commission generally finds or recommends that: General Findings and Recommendations: 1) The Applicant submitted the initial and revised Preliminary PUD application for the Project in accordance with the provisions of the Municipal Code. The Preliminary PUD application provided the Minimum Contents required pursuant to Section 16A-5-340(c), except those submission items that were administratively waived, and included written and graphic materials in sufficient detail to deem the application complete for review. 2) The Applicant has submitted supplemental replies, information or plans during the review process to present changes or updates to the application for the primary purpose of responding to the directions provided by Town Council, Planning Commission and Town Staff requests, comments, and concerns. PC Reso 09-03 Page 3 of 10 3) All public notification requirements, as specified within Section 16A-5-60(b) of the Municipal Code, have been satisfied, including submittal of the affidavits from the Applicant regarding mailing and posting of the public hearing notices. 4) By this resolution, the Planning Commission reviewed the application pursuant to the Town Council directives in Resolutions No. 22, Series of 2008. Findinas and Recommendations related to the proposed rezoning to Multi-Family MF') zone district: 1) The Applicant has submitted concurrently with the Minor Preliminary Plan a proposed Amendment to the Official Zone District Map for rezoning of the property to MF. As the rezoning request is not officially acted upon by ordinance concurrent with the submission of an accompanying Final PUD, the Planning Commission finds, for a preliminary plan level of review, that the proposed rezoning to MF can be considered and further finds that the rezoning request: a) Could be consistent with the Comprehensive Plan with respect to the proposed use for multi-family development considering that the predominant usages on adjacent properties or the surrounding neighborhood contains existing mufti-family development with the understanding that the site is also designed for 'Recreation' on the Future Land Use Map, which seems to suggest that the golf/winter trail connection ought to be retained at minimum; b) Seems to be consistent with the purpose of the zone district to which the property could be designated but is not consistent with respect to intensity; c) Is compatible with surrounding zone districts, land uses and neighborhood character and might not result in a logical and orderly development pattern within the overall community at this time, considering that a PUD is required with the submission of the rezoning request and that the accompanying proposed PUD development with a free-market density of 7.5 dwelling units per acre (DU/ac) does not appear designed with sensitive massing and transitional intensity in relation to existing adjacent developments considering that adjoining Snowmass Villas has a density of approximately 7.7 DU/ac and that the adjacent Country Club Townhouses has a density of approximately 3.4 DU/ac; and ii) The Applicant has demonstrated to the satisfaction of the Planning Commission that there have been changed conditions affecting the subject parcel and the surrounding neighborhood that justify the proposed zoning amendment. Findings and Recommendations related to the proposed amendment to a Final PUD: PC Reno 0403 Page 4 of 10 1) As the Minor Preliminary Plan application was a result of the Applicant proposing an amendment to the current Final PUD, the Planning Commission also finds that: a) The Minor Preliminary Plan as currently designed may be considered an enhancement to the current PUD; b) The amendment, as currently proposed, appears to have a substantially adverse impact or effect on the neighborhood surrounding the land where the amendment is proposed; and c) The proposed amendment might change the basic character of the PUD or surrounding area, it the design, massing and intensity remains the same as currently proposed. Findings and Recommendations related to the proposed Minor Preliminary PUD Plan: 1) Pursuant to Municipal Code Section 16A-4-30, "Brush Creek Impact Area," and Section 16A-4-40, "Floodplain and wetland areas" under the Development Evaluation Standards, the site is located within the 'Multi- Family/Golf Course Development' Impact Zone and the 'Brush Creek Impact Zone' per the 'Environmental Sensitively Map' in the Town's Comprehensive Plan. The Applicant submitted a Brush Creek Impact Report that was referred together with the application's civil, grading, drainage and erosion control plans and other related information to the Town's Natural Resource and Environmental consultants as well as the Town Engineer for review and comment. Pursuant to the comments received in attached Exhibit "D," it is recommended that the experts and Applicant consultant 'be on the same page' concerning the Army Corps of Engineer requirements and that the technical aspects involving the drainage and wetland impacts be addressed or resolved by the Applicant for a preliminary level of review prior to final Town Council consideration of the Minor Preliminary Plan application. Secondly, it is recommended that the proposed removal of the wetland pond be offset at a minimum 1:1 mitigation ratio. The water/pond feature is appropriate for aesthetic reasons as well as for water quality control purposes, but flexibility should be exhibited when considering the setback reduction from the replacement pond to the proposed new building. On the other hand, if the intensity of the proposed development were reduced, the required 25-foot wetland setback might be met. Per the Municipal Code, the Town Council may grant an exception to this standard for other types of development by super-majority vote via an ordinance, PC Reso 09-03 Page 5 of 10 identifying the reasons why the development is unable to avoid the setback area. 2) The previously amended Municipal Code provisions in Section 16A-4.50(f), Ridoeline Protection Areas" under the Development Evaluation Standards do not apply, as the site is not within a defined ridgeline protection area that is visible from Brush Creek Road, Owl Creek Road or the Town Community Park and is not at the crest or highest elevation of a ridge or hillside, or within fifty (50) feet of elevation, measured vertically, from the crest of a ridge or hillside. 3) Pursuant to Municipal Code Section 16A-4-210, "Streets and related improvements,' the project is estimated to generate 15 to 24 vehicle trips per day, or an average of one to two trips per hour during the daytime, pursuant to trip generation figures provided in the Municipal Code. The vehicular traffic impacts from proposed project upon ingress and egress movements from the garages, the proposed'parking area and upon Snowmass Club Circle appear minimal. The Applicant has requested an administrative waiver of the traffic impact analysis (TIA), and such TIA does not appear needed pursuant to the trip generation findings above and because the proposal meets the Code thresholds for not requiring a TIA. 4) Pursuant to Municipal Code Section 16A-4-310(7), "Off-Street Parking Standards," the Applicant has proposed a variance from the on-site parking standard of 13 spaces and instead proposes 10 on-site spaces, which appears satisfactory. While the proposed parking variance request is inconsistent with the review standards, because the request is a result of the applicant's proposed project design, a variance from the parking standard of one space per bedroom is preferred or recommended for consideration in lieu of an alternative parking plan, because: a) There appears to be an adequate number of parking spaces for a potential shared arrangement in the 26-28 space parking bay across the street, if needed and subject to owners' approval, considering the amount of activity envisioned and because the proposed multi-family usage would likely generate less traffic than the current commercial/office usage; b) The language in the current PUD Guide in Ordinance No. 3, Series of 2002, or the Right-of-Way License Agreement concerning the restrictions on the off-site parking usage would need to be remedied, clarified or redefined, especially if an alternative parking plan for a shared parking arrangement is proposed over a parking variance; and, if a shared arrangement is proposed, then such parking should not be used for purposes of long-term storage of vehicles. PC Reno 0903 Page 6 of 10 c) There are nearby pedestrian trails and a bus stop near the site; but, potential ridership demand upon the shuttle system could be significant during peak times as a result of the previous review comments attached from the Town's Transportation Department (Attachment "D"); and therefore, perhaps the parking requirement should be met on the site. However, another recommended option would be to reduce the amount of bedrooms on the site in efforts to meet the parking requirement on the site versus relying on off-street parking provided by other property owners, therefore, lessening the ridership demand on the existing shuttle route. 5) Pursuant to Municipal Code Section 16A-4-320, "Landscaping, grading and other design standards," the preliminary Landscape Plan Sheet LAi dated October 17, 2008 in the Minor Preliminary Plan application appears minimal for year-round screening and buffering, especially along the east and west property lines, because of the nominal building setbacks proposed, utility locations or possible drainage needs, such as the potential swale, other facilities or capacity of lines that might be necessary to accommodate historic off-site drainage flows through the site. Additionally, as a result of the proposed relocation of existing trees from the site onto adjacent property and the explanation of Applicant's intent provided in the application, the Applicant should obtain a formal consent and agreement from the adjacent owner or homeowners' association concerning, for example, how irrigation would be repaired if damaged, how the existing irrigation system for the new trees would be retrofitted, the costs associated with those changes including the parties responsible, and an identified party that would replace the relocated tree(s) if they die within a certain period, among other possible desired or related details, at the time of Final PUD submission if granted permission to proceed. 6) Pursuant to Section 16A-4-330, "Energy Conservation," the solar and shadow analysis appears to represent limited or insubstantial impacts upon Snowmass Club Circle and upon the adjacent buildings on the adjoining properties. In addition, the application appears to have satisfactorily demonstrated that the proposed units would: a) be oriented toward the south for maximum solar heat gain, b) provide high efficient condensing boiler for the snowmelt system that would also lessen the impact of snow storage along Snowmass Club Circle, c) provide fluorescent lighting, and d) use Energy Star appliances. 7) Pursuant to Section 16A-5-310(2), "Preservation of community character" under the Review Standards, the buildings' mass, scale and height of the development proposed for the PUD appears inconsistent with the standards PC Reso 09.03 Page 7 of 10 of Section 16A-4-340, "Building Design Guidelines to Preserve Community Character" under the Development Evaluation Standards, and seems incompatible with the character of existing land uses in the area, which creates the impression that it may adversely affect the development in the surrounding area, because of the following findings: a) The block model originally presented was determined to be disproportionately represented in showing the actual height of an adjacent building as being higher than the proposal, and Planning Commission recommended further verification by use of surveyed Mean Sea Level MSL) elevations of the proposed and existing adjacent building heights measured from both existing and proposed/finished grades. Supplemental information, including revisions to the block model, was provided by the Applicant for the meeting on December 17, 2008. Although MSL elevation data was not provided, the height information was based upon a known benchmark and determined to be acceptable for the purpose of verifying the proposed project transitions in roof height between the existing, adjacent buildings. b) Pursuant to Section 16A-4-340(c)(1), "Site integration; of the Municipal Code, the proposed structures may unacceptably incorporate a plan design that avoids overwhelming the surrounding mountain or surrounding neighborhood environment because the new building, in particular the massing of the building, does not appear to be designed to be set appropriately on the site considering the transitioning slopes and proximity to Snowmass Club Circle. c) Pursuant to Section 16A-47340(c)(2), "Scale and mass," the proposed design of the building does not appear to satisfactorily convey the perception that the building is not monumental in scale, including its relationship to the scale of surrounding adjacent buildings, because: i) There are concerns about the scale, form and proportion of the proposed building does not appear to relate well to the massing or form of the prevailing surrounding, existing buildings in the immediate vicinity of the site, with the potential exception of the transitioning heights of the buildings that were adequately demonstrated and verified by the Applicant; and ii) The current design of the building does not appear to respect human scale, in particular along the trail on the east side of the site, as a result of the reasons stated above. 8) Pursuant to Section 16A-4-340(c)(5), "Views," the proposed building appears to create the impression that it could be satisfactorily oriented to take advantage of views and view corridors, and to frame views and enclose open PC Reno 09-03 Page 8 of 10 space, as it would appear, being positioned farther away from public roadway as modified since the Initial application) and positioned at one of the lowest points in the immediate area, to potentially convey the preservation of important sight lines, overlooks and landmarks as viewed from Snowmass Club Circle and other public spaces, and as viewed from neighboring developments, if the building could be set back further or the upper levels stepped back, or a combination thereof, in particular along the side elevations. In addition, upon a site visit by the Planning Commission on December 3, 2008, the mountain views, in particular of the ski mountain and Mount Daly, from the two nearest adjacent units would appear not to be substantially or adversely impacted by the currently proposed development. 9) Pursuant to Municipal Code Section 16A-4-410, "Restricted housing requirements," the proposed development receives a redevelopment credit per the Code, and such calculation reveals that no employee housing square footage would be required. However, employee housing provided above any mitigation requirement could be considered a community purpose,for the granting of the buildout variation request. 10)Pursuant to Municipal Code Section 16A-5-300(c)(5) and (7), "Dimensional limitations," and "Standards for granting variations" under the General Restrictions, the proposed application would not require a height variation and would currently meet the 38-foot height limitation, the minimum 25 percent open space on the site, and the minimum area of the lot for the proposed development, provided the proposed MF zone district is subsequently accepted and approved. 11)Pursuant to Municipal Code Section 16A-5-300(c)(5-7), "Dimensional limitations," "Community purposes for PUDs," and "Standards for aranting variations" under the General Restrictions, the Applicant's offered community purpose(s), as described in attached Exhibit "C" do not appear to be entirely legitimate as the proposed buildout variation from zero to the three units, which calculate to 13.75 unit equivalents without the garages and 18.0 unit equivalents with the garages, and the proposed community purpose(s) do not appear to be in balance with the significant buildout variation request, because; a) good design, landscaping, the preservation of golf/Nordic path, the replacement or mitigation of the wetland pond are standard requirements or typically desired elements for the proposed development, which in this case is not entitled as a result of the proposed rezoning to MF; PC Reso 09-03 Page 9 of 10 b) the proposed development does not appear to necessarily provide improved economic sustainability over existing conditions as a result of the large unit sizes being proposed, which are considered cold beds versus high-occupancy turnover beds, thus making the proposal seem less consistent with Comprehensive Plan policies; and c) the application does not appear to satisfactorily demonstrate that an acceptable community purpose could be achieved as a result of granting the buildout variation. 12)Pursuant to Municipal Code Section 16A-5-310(7), "Adequate facilities," the application proposes to relocate and reduce in width the golf/winter trail on the east side of the site, and the Applicant should address, respond or resolve the review comments from the referral agencies related to this matter in attached Exhibit "D" prior to final consideration by Town Council on the Minor Preliminary Plan application. 13)Pursuant to Municipal Code Section 16A-5-340(b)(15), "Construction mana.mment plan," the Applicant should resubmit an updated of the CMP in response to the referral agency review comments in attached Exhibit"D" prior to final Town Council consideration of the Minor Preliminary Plan. 14)Pursuant to Municipal Code Section 16A-5-340(b)(12), "Fiscal impact," the fiscal impact report as presented in the application appears acceptable, and no fiscal related mitigation seems necessary at this time. 15)Pursuant to the findings and recommendations above, the proposed Minor Preliminary Plan application seems to have adequately addressed, for a preliminary level of review, the other review and approval criteria in Municipal Code Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. 16)Pursuant to the findings and recommendations above, the proposed application adequately addresses, for a preliminary level of review, the Purpose' and the "Review and intent issues" or questions outlined in Municipal Code Section 16A-5-340. 17)The Applicant should address, respond to or resolve the attached review comments from referral agencies attached in Exhibit "D" that are related to the standards noted above prior to final Town Council consideration of the Minor Preliminary Plan application. Section Two, Action. Subject to the findings and recommendations in Section One of this Resolution, which is based upon the current PUD application as revised by the Applicant, specifically the mass and scale of the buildings together PC Reso 09-03 Page 10 of 10 with the density of the units on the property coupled with the intensity of use that results from the size of the three (3) units, the Planning Commission recommends to the Town Council that the applicant not be granted permission to submit a final PUD application. The Planning Commission further suggests that a potential amendment of the application to reduce the intensity of use of the property by reducing the size of the units as well as reducing the mass and scale of the structure could obviate the need for some of the numerous variations requested by the Applicant which could lead to a favorable recommendation by the Planning Commission. Section Three: Severabllity. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. INTRODUCED, READ, AND APPROVED, as amended, bey the Planning Commission of the Town of Snowmass Village on January 7 , 2009, upon a motion by Planning Commission Member Yocum, the second of Planning Commission Member Gustafson, and upon a vote of 5 in favor and 0 against Newly sworn in Commission Members Aiken and Sirkus abstained). TOWN OF SNOWMASS VILLAGE PLANNING C/OMMISSI N Bob Purvis, Chairman ATTEST: v aa 1 Knstf Holliday, Planninff Commission Secretary Referenced Exhibits attached: Exhibit"A"— Preliminary PUD Guide Exhibit T"— Project information and selected drawings(pfans Exhibit"C"— Applicant's proposed community purposes Exhibit "D"— Referral agency review comments EXHIBIT "A" PC Reso 09-03 Page t of t Preliminary PUD Guide Snowmass Club Circle October 27,2008 Lot Area: 0.4 acre or 17,424 square feet Legal Description: Parcel 10,Filing 1,Lot 1,Snowmass Club Subdivision Proposed Zoning: Multi-Family(MF) Building Coverage: 5,576 SF or 32%(Site coverage=9,957 SF) Minimum Building Setbacks:F: 30'; R: 10'; SW: 10'; SE: 22' Building Height:38'fcet maximum Gross Floor Area: 15,686 SF(not including exempt areas of 2,901 SF) Livable Floor Area: 11,093 square feet(garages not exempt for MF units) Total Number of Bedrooms: 13 Residential Square Footage per Code and Bedroom Mix: Townhouse A(5 bedroom): 4,219 SF + 617 SF garage Townhouse B(4 bedroom): 3,391 SF + 473 SF garage Townhouse C(4 bedroom): 3.483 SF + 602 SF garage Total SF per Code: 11,093 SF + 1,692 SF garages Unit Equivalency: 13.75 U.E.(livable unit areas only without garages) proposed Buildout Variation) 18.0 U.E.(with garages) Density: 7.5 DU/ac Average Floor Area/Unit: 3,698 SF without garages(4,262 SF with garages) Allowable Floor Area: 13,068 SF per maximum 0.75:1 F.A.R. with proposed MF zone district Commercial: 0 SF Parking Required: 13 spaces Parking Provided: 10 on-site spaces per proposed parking variance Open Space: 68.10%,including 41.8%landscaped area, 8.30%pedestrian paths, and 18.10%hardscape area) G. EXHIBIT 7 PC RWO 0943 PF 4 F i Qa ' JIG SNOWMASS TOWNHOUSES r M i EXHIBIT PC Rego 0"S Page 2 of g Y I s r . Su Y III': a 1 I I W I oC'io9 GR zoac t:iUU!M./LJS 'I i7 N/Fl is ci lJ SF$ L_ EXHIBIT 691399 PC Remo 09-Mi Pap 3 of 0 It ZT00TODER 2006 SNOWMASS TOWNHOUSES 0732 j' r n i illif I Ittl- tk11! 414 ! 4 w C7 MBER 2008 SNOWMASS TOWNHOUSES EXHIBIT "B" PC ROW 09-03 Page 7 of 9 PINNACLE DESIGN COIitSUA.971VG GROAJ.,, ANC December 8,2008 0803 Buclrpotnt Road Carbondale,C081673 970)963-2170(1iae Mr.Patrick Rawley 970)704-021S Paz do Stan Clausen Associates,Inc. 412 N. Mill Street Aspen,Colorado 81611 RE: 300 SNOWMASS CLUB CIRCLE TOWNHOME PROJECT Dear Patrick; The following is a summary of the elevations surveyed on the subject project and adjacent buildings. These elevations are relative to the site benchmark (El. = 7973.8') located at one of the easterir property corners and shown on the boundary survey. The roof and chimney elevations were established using horizontal and vertical angles, thus there will be small amounts of error associated with the final results. Each roo0bigh point elevation shown has been established with a tolerance of plus or minus six (6) inches,which should be sufficient for the isranded purpose. Spot elevations, taken on the ground, were surveyed as closed to the structure as feasrble and provide sufficient accuracy for calculating the approximate building element heights as described in the table blow. Itws BatWingDowrlption, PeakUPPL Ad*eutGround Apprort " igration Elevation(fL) spot Elevation(A.) fickht of Ebment lkscrlbed tt. 1. Chub Villas Roof 8020.5 7976.3 44.2 2. Club Was Chimney 80223 7976.3 46 3. 300 Snowmaaa Club tide 80023 7979.5 23 Clabho ue Roof 4. Country Club Towuhames 8015.6 7982.7 32.9 Roof EXHIBIT "Bn PC Reso 09-03 December 8,2008 Page 8 of 9 i'7NNACLE DESIGN Mr.PwtrickRawley cm Page 2 of 2 Please feel free W give me a cell if you have my questions or comments. 0 LA 96098 P DESIGN CONSULTING GROUP,INC. beb:HEB EXHIBIT "B" PC R980 09-03 YNNY.. Page 9 of 9 J p ca N1 M.hY i 1 ' 11 fy ipl1 1 ll '- c 1 O I Mr OZ i 1 s n Ix oensc[uaanfaae SNUWMANS 'rowNHUUSF•3 or:.1 EXHIBIT "C" i STAN CIAUSON ASSOCIATES ING P PeofI landscape architect u re.p la nn ling.resort design 412 North Mill Street Aspen,Colorado 82622 t-9701925.2323 f.9701920-2628 Infoascaplanning.com w .scaplanningxcrn 3110 Snowmms Club Circle AMftoW*COMM tiv Pamoses for PURL It should be noted In general that each of the Community Purpose criteria provides for the achievement of mardmum build-out and varbrree of dimensional limitations. In this particular application,there are no variances of dimensional limitations requested nor Is the project at mwdmum floor area build-out. I. Provbion of reshicted housing. Although the site is too small to actuary provide restricted housing on-site,It should be noted that the employee generation of the proposed three residential units Is considerabily less than the calculated employee generation of the office use or the actual employee count of the facility, for this reason,an actual reduction of employee generation will result from the proposed project,reducing demand on the currently available restricted housing. 2 Encourage sustainable development. The proposed development will help to create a"sense of place" by contributing to the residential character of the area. It will remove an incompafible office use,which does riot contribute to the neighborhood and replocer it with a Comp ofte use and structure. Moreover,sustainabillty will be enhanced by providing a permanent rec reafiorrd amenity in the golf cart path/Nordic travl and a visual amenity in the proposed pond. Finally,the new energy- efficient construction will enhance the sustainability goals of the oommuntty. 3. Provide open space and/or avoid wBd6te habitat. The proposed development will provide a permanent easement for the golf cad palth/Nordic tral,along with a water feature amenity vkd0le from Snowmoss Club Circle. The water feature will have restored wetland vegetation and function as an open space amenity. The path provides significant connectivity between wdsflng open space and golf course areas. C Encourage better design. The proposed new development will provide an energy efficient well-designed alternative to the Currently deterforafing structure that has outlived Its function. While of a slightly clfferrent architectural vocabulary,and therefore will provide Interest from the street,It is"designed to be compofible,In terms of height,mass,scale,orientation and configuration,with other buildings in the PUD and with surrounding uses." Applicant is also wiling to seek LEED ceiftation to ensure the sustalnabFity of the project. Oevetop necessary pubUc Iw991es. Additional public parting will be made available to the neighborhood with the elimination of the carets office use that occupies the 27 spaces along Snowmass Club Circle. Public recreation fadltdes Include the reconstructed golf cart/Nordic tral,which will be given a permanent easement as part of this activity. Finally,the water feature will function for stormwater treatment and detention for stormwater from oftsite that drains toward the parcel. This functional element will support the water quality goads for Brush Creek.and provide facihtfes beyond the required mitigation for the project. This is consistent with promoting,generally,the public health,safety,and welfare. Based on the above-responses,we believe that all of the Community Purposes are met to some degree by the proposed project,which wi'0 be an asset to the community by providing additional residential opporhmities with very mirdrrral impacts. EXHIBIT "VO PC Row 09.03 Referral Agency Review comments from: Snowmass-Wildcat Fire District dated November 12, 2008 Town Engineer dated December 1 and 12, 2008 Town's Natural Resource consultant dated November 12 and 20, 2008, and December 16, 2008 Town's Environmental consultant dated November 24, 2008, and December 8,2008 Army Corps of Engineers dated December 18, 2008 Nordic Council dated November 18, 2008 Town's Traffic consultant dated July 2, 2008 Town's Transportation Department dated August 11, 2008 11-12-08 To: Jim Wahlstrom,Senior Planner From: John T.Melt,Fire Marshal Subject:Snowmass Club Circle Minor Preliminary PUD The following are review comments for the newly proposed multi family development: 1. The structure will require automatic fire suppression(fire sprinklers)to be installed. 2. The current plans indicate that the fire apparatus roads do not comply with the TOSV adopted International Fire Codes (HU 503.1.1)with amendments in TOSV Municipal Code(1g-122 a). Briefly this code requirement calls for fire apparatus access roads to extend to within 100' of all portions of the facility and all portions of:the exterior walls of the fast story of the building as measured by an approved route around the exterior of the building or facility. The Snowmass-Wildcat Fin Protection District offers the possibility of the following solution: In Chapter 9 of the International Fire Code under section 901.4.3 Additional fire protection systems,it authorizes the fire code official to require additional safe guards where access for fire apparatus is unduly difficult.We would propose that the applicant reconsider any possibility for cedar shake roofing and the stained wood siding and commit the project to using a Class A roofing system with non- combustible siding materials. I am available to discuss these matters as needed. SIGIM MEMORANDUM TO: Jim Wahlstrom, Senior Planner FROM: Debbie Duley CC: Dean Gordon DATE: December 01, 2008 SUB7ECii Snowmass pub Circle PUD Minor Preliminary Planned Unit Development and Amendment to the Snowmass Club PUD Parcel 10, Filing 1, Lot 1 to construct three town homes. I have reviewed the drawing package, dated October 13, 2008 and the Application notebook, dated October 27, 2008 which were received by the Town of Snowmass Community Development Department on October 28, and provided to our office for review. My comments relate primarily to Sheet C2, Grading, Drainage and Erosion Control Plan, Sheets C3, C4 and CS, Utility Design, Sheet C6, Drainage Details and C7, Erosion Control Details. General: The plans as presented are generally dear and legible and present the intern of the design as required by a Preliminary Plan submittal. The full size drawing set Is missing sheets Including Sheet 1'of 1 ALTA/ACSM Survey Plat, and Sheet C9 Sanitary Sewer Details, although small copies are included In the application notebook. Grading, Drainage and Erosion Control Plan 1. A drainage plan Is included in the application, however is does not Include anticipated discharge volumes as required by Section 16A-4-250. Note No. 2 indicates that the developed storm water conditions are based on a drainage study prepared by Enartech dated November 1, 2001. Please provide a copy of that report and the associated drainage calculations showing how historical drainage systems are being maintained. Verify that the assumptions In the 2001 report are consistent with the level of development proposed. 2. A)The application, on Page 8 under Sec. 16A-4-250 Storm Drainage, states The Integrity of existing and natural drainage patterns will be preserved". Explain the basis for the application statement, 8) However, it appears the drainage channel that Flows across the property from the southwest and Into the existing pond will be removed. .A small drainage Swale, with 12-inch inlets Is 300 Snowmass Club Circle Town homes Preliminary Plan Review Page 2 being created along the southwest side of the property. Provide calculations showing the volume of off-site flow and the capacity of the drainage Swale to handle both off-site and on-site flows. Provide vertical and horizontal data at Final Plat to allow construction from the drawings. 3. The drainage swale includes a number of shallow - 24-Inch depth - drains. It Is likely that this drainage system may be frozen during some periods of the year, allowing water to pond within five feet of the building foundation. 4. Sheet LAI, landscape Plan Indicates extensive landscaping, Including several large trees are planned along the southwest side of the building. Given the limited distance of twelve feet between the building and the property line, It will be difficult to have both a functioning drainage swale and large trees In such a constricted area. S. Sheet C2 Is titled Grading, Drainage and Erosion Control Plan; however, the erosion control measures and their location are not clearly shown on the plan. Sheet C7 Includes a detail for a vehicle tracking pad, but there is no notation on the Erosion Control Plan that one Is required. 6. The soils report by Hepworth Pawlak Geotechnical, Inc, indicates the presence of groundwater at a depth of 4 to 5 feet below the surface. Under slab drainage systems Including sumps and pumps are recommended. There is no Indication on the plan of where these systems are located and where the outlet might be. 7. Universal Building Code requirements are that the elevation of the soil next to the building should be a minimum of 6-Inches below the top of foundation, or 6- Inches below the bottom of wood siding, whichever Is greater. In addition, the soils report recommends the site be graded to slope six Inches away from the buildings in the first ten feet. It does not appear the proposed site grading meets those criteria. 8. The grading for the proposed driveway Indicates the driveway will drain onto Snowmass Club Circle. Private driveways are not permitted to drain onto public roads In the Town of Snowmass. In addition,the driveway surface Is Indicated as being snow melted, An Icing hazard will exist at the Interface between the snowmelt surface and the adjacent cold surface. The driveway must be graded to drain away from Snowmass Gub Circle, and towards an area where the water will be collected or will flow Into a landscape area so as not to create an Icing hazard. 9. legend Note #19 refers to the 4-Inch asphalt driveway. Storm Drain manholes are also labeled with the #19 symbol. 10. The existing concrete golf cart path Is being re-routed around the building and constructed as a drainage channel to convey overflow water from the upstream pond around the building. However, the grading indicates that the storm water will flow Into Snowmass Club Circle. The grading must be modified so that the storm water Is intercepted and diverted into the drainage system and conveyed under the roadway. 11. A iS00 gallon sand and detiris Interceptor Is shown under the eastern side of the parking area. Roof drains and landscape drains are piped Into the Interceptor, but drainage from the parking area Is directed away from It. Recommend re- 118 W.if St aet Sufte 200 Schmuaer Gordon Mew,Ina 870)946-1004 Glenwood Sprkw,CO 81601 970)101""S FAX. P:UW*A6rMM6W Club ChM PUDW hW Prelkninary PUD-REVISED OCT 20081C0mmeMe-Refers! Allmv. s menb 12-0108•Tam rErgr.doc 300 Snowmass Club Circle Town homes Preliminary Plan Review Page 3 grading the parking area so Interceptor will serve to collect sediment and chemicals from the roadway surface. 12. There is no indication of the Invert elevations for the sand and debris interceptor or the associated storm drain pipes. Verify the 1500 gallon capacity would be below the pipe inverts. Given the shallow depth to groundwater In this area, what measures will be taken to prevent the tank from floating? WIII the depth of the tank be in excess of the suction head for the pumping equipment available to remove the sediment? 13. A new six-Inch pipe that diverts water to newly created wetlands is fed by the roadside drainage ditch. How will this be accomplished without disrupting the flow of the roadside drainage ditch? 14. The Invert Indicated for the 18-Inch culvert under the driveway Is too high to meet minimum coverage requirements over the pipe. 15. Some of the contours within the driveway and around the pond to the east of the driveway are Incorrectly labeled. 16. The grading contours in the small drainage to the east of the golf cart path are In conflict with the elevations given for the Invert of the pipe. 17. The legend and drawing Include two Notes #24. Re-label one for clarity. 18. Because of the small size of the site, a CDPHE storm water permit Is not required. However, a construction dewatering permit will be required before the contractor may discharge ground water encountered during construction. Utilities 1, Sheet C4 Water and Sewer Plan Indicates a new 8-inch water line extension to the project. The symbol In the legend Indicates the three 8-inch gate valves in connection CES #1 to be existing gate valves. The symbol should be changed to indicate new gate valves. 2. A new sanitary sewer manhole is to be Installed over an existing line In Snowmass Club Circle. In plan view, the line Is Indicated as being an 8-Inch line. In profile, invert elevations are given for two 12-Inch lines. Please correct to Indicate correct line size. 3. The new sewer service line to Unit"B"is labeled as 64 feet In length. The distance scales to approximately 42 feet. 4. A note on the existing sewer line Indicating an "8"X 6"saddle tap"should be removed. S. Right of way and road cut permits must be obtained from the Town of Snowmass Public Works Department prior to any utility or grading work within the right of way of Snowmass Club Circle. At Final Plat, provide details for road cuts and restoration. 118 W.e1°Street,Sulte 200 Schmueeer Gordon MM,(nc. 970)846-1004 0lerwood Springs,CO 81601 970)946.6948 FAX plwM lJWAwffam sub Cirde PUDVdbar Pr*nh q PUD-REVISED OCT 20o9K=Mft e-Rderral Agumtoi o mM1era 12-01.08-Tom Engr.doo 300 Snowmass Club Circle Town homes Preliminary Plan Review Page 4 Miscellaneous 1. The Wetlands Delineation Report prepared by NatureTech Consultant Services Corp. Indicates the wetlands were delineated on June 17, 2007. However, no mapping of that wetlands delineation was Included in the application. A wetlands delineation map done by Drexel, Barrell &Co In 2001 is Included, but It is not dear how this mapping relates to the subject site. Provide current mapping showing existing wetlands area as well as proposed wetlands mitigation plan. 2. In a letter from Michael J. Villa to Stan Claussen and Associates dated May 28th, 2008 he states that based on conversations with the Army Corp of Engineers, the project Is eligible for a Nationwide Permit 29 and that the applicant Is not required to provide Pre-construction Notification to the Corp before beginning construction on this project. In my reading of the Nationwide Permit Summary notification requirements, and Section 27. Pre- Construction Notification, it appears that notification Is required prior to beginning construction. Please provide documentation showing the applicant is exempt from this requirement. 3. There Is intermittent flow in the roadside ditch and periods of no flow. Explain the wetlands operating plan to maintain an aquatic environment. 4. The front wall of Unit A Is approximately one foot away from the edge of the parking area, and portions of the second floor project over the parking space. What provisions are being made to prevent vehicles from striking the building? It should be noted that these comments are based on review of preliminary drawings only. Prior to final approval, the applicant must submit detailed construction plans and specifications for review. If you have any questions,please feel free to contact our office. 118 W.8"Street sulfa 200 Schmusaer Gordon ll"er,Inc. 970)946-1004 Glenwood Springs,00 81801 970)9466948 FAX P:lueeNMsrww9n CtID Grde PUDVAbor Praffmkwy PUD•REVISED OCT 2M\(%mmer4e.Retinal AgendeACommeMS12-01-08•Town EVAoc Earlh Resource Investigations,Inc.kft=ftfoW GmndwXer f4 NbnQd DeM#w and MhWFWL nd Ash Hablat hpowmw is Wader Roft WigaWn BmMng Tom NOV 17 2809 November 12;2008 RECEIVED Jim Wahlstrom Senior Planner Town of Snowmass Village -. P.O. Box 5o10 Snowmass Village,CO 81615 DearJim: 1 have reviewed the 300 Snowmass Club Circle PUD and have the following comments and recommendations: 1. Sec. 16A-430 (2b2) Requires vegetation to be r ced on a 1:1 ratio. The wetland Impacts of this project are871 Square feet. The proposed wetland creation area is only 510 square feet.At a minimum the wetland creation area should be 871 square feet. The Army Corps of Engineers typically requires a 2:1 mitigation in the Snowmass area. 2. Sec. 16A-5-340(5) Landscaping and_o space:The landscape plan shows Common Cattail as one of the species to be planted.The Army Corps of Engineers does not recommend this plant due to its weedy nature. I would recommend Hardstem Bulrush Schoenoplectus acutus be planted instead. Purple Spikerush is not typically found in the Snowmass area. I would recommend Creeping Spikerush Eleochorls palustrus instead. I would also recommend the planting of Beaked Sedge Carex utriculata and Tracy's Rush luncus tracyli. All of these plants are available from local wetland plant 2195 Overlook Court • Grand Junction, Colorado 81507 970.314.9804 • Fax 970.433.7906 nurserys. There is no information as to how the hydrology of the wetland V will be created and maintained on the artificial wetland being created. 3. 3e—c. i6-'A--5"--34'0(7)Grading and Drainage: The plan does not adequately address how stormwater will be handled during construction and following completion of the project. There are now locations for temporary sediment basins and locations for silt fence.The 1500.gallon s.and.and debris collector is not of an adequate capacity to contain runoff from the impervious surface of this project.There are no figures to show where this capacity came from.Also the 6 Inch collector pipe should be a large dlameter to prevent plugging.The drainage along Snowmass Club Circle is no long diverted into the existing wetland for treatment.This will result in water qua ity degredation since R will flow directly into Brush Creek.This is in contrary to the statement on page D 3 that says "Development will not affect water quality°. The Town and other entities have spent over 2 million dollars to restore Brush Creek. It is essential that sediment, erosion and drainage control be an integral part of all projects this close to Brush Creek. Please give me a call if you have any questions. Sincerely, RECEIVED WV 1 70-30 OADMIXs vage CWlaiupdty [>eva'oprter., William N.Johnson Professional Hydrologist Certified Professional in Erosion and Sediment Control JIM WahIGV0M Zr From Bill Johnson[hydro4sopris.net) Sent:_ Thursday,November 20,2008 111:48 AM To: JIM Wahlsirom Subject: RE:Snowmass Club Circle-REVISED Jim: on all past projects in the Town the Corps of Engineers has required a 2:1 mitigation. The new requirements of a Nationwide 29 are different than the Town code since they are Federal Regulations. If you look at the Nationwide 29 requirements it is vague as to what happens when the impact is under .1 acre so the Corps is not willing to push the 2:1 mitigation and PDN on this project so 1:1 is what we can go with for this project. The pond does have a direct impact on Brush Creek. It currently collects and filters pollutants from Snowmass Club Circle and the parcel. The applicants plans remove the pond and discharge the runoff from Snowmass Club Circle directly into Brush Creek. I hope this answers your questions. Let me know if you need more detail. Bill original message----- Jim Wahlstrom [mailt0:jimwahistrom6tosv.com3 Sent. ursday, November 20, 2008 8:52 AM To: Bil oh_nson Subjectt Snowmass Club Circle - REVISED Bill, Your review comments e ,up for discussion during the presentation review of the revised Sn as Club Circle Preliminary Plan applic on at last night's Planning Co , esion meeting. There are questions as to why th„ _- Corps of Engineers Quid require a 2:1 vegetation replacement invol the wetland pon elocation when the Code requirement is 1:1. It seem the Applican understanding is that under the Nationwide 29 permit no'.., igatlo oul,d be required since the existing wetland pond is under o."" -h acre•in size. Planning Commission also questioned whetb . th ' vnd had a direct impact on Brush Creek or whether it was more eriphera impact to the creek. The continued hearing is to Dec r 3rd, so your resp, ses?and opinions on these matters would be appr ated no later than Dec 6 ' r let. Thank you in advance. Jim Jim Wahletrom, Se or Planner Town of Snowma Village Planning Dep went, Town Hall 130 Kearns oad P.O. Box 10 Snowma Village, CO 81615 Phon . 970-923-5524, x635 Fa 970-923-1861 iiaU : jimwahlatrom@tosv.com 1 Page 1 of 2 From: Bill Johnson[hydro @sopris.netj r U2.) Sent:Tuesday,December 16,200812:25 PM To: 'Debbie Duley;Jim Wahlstrom;Dunlopeuv@aol.com Subject:RE:300 Snowmass Club Circle/U.S. Army Corps of Engineers Pre-construction Notification It is my understanding that the wetland delineation is no longer valid and a new one will need to be performed on this project Used on my conversation with Mark 011fftlan of the Corps of engineers: Bill From: Debbie Duley(maIb:DebbWD@sgm-)nccom] 00-44 as-Air 04-i4 Seat:Friday, December 12,2008 8:23 AM To: 31m Wahlsbom;hydro @sopris.net Dunbpemr@aol.com Subject: RE: 300 Snowmass Club Circle/U.S.Army Corps of Engineers Pre-construction Notification Jim, The information provided Indled"that a wetlands dellneatlon was done by Nature Tech in 2007,but no mapping showing that wetlands dahn rstion Is Included. The only mapping provided is for a wetlands delineation done by Drexel Sorrell In 2001. The,relationship between the Drexel Bond mapping and the subject parcel is unclear. The applicant should provide a drawing allowing both the existing and the proposed wetlands over laid on It*aite plan so that the wetlands impact may be property evaludod. Thenfw, Debbie Oft Project Manager p aehmwaer o rad,r>era,me.Enp as an6 survcrora From:Jim Wahlstmm(maiMoJImwahbtrarn@tosxDm1 Sefto Friday, December 12,2008 7:59 AM To: hydro@soptls.net;Debbie Duley; Dunlopenv@aol.oxn Subject: FW: 300 Snowmass dub Circle/U.S.Army Corps of Engineers Pretonstructton Notification See altadwoU FYI. Fran: Patrick Rawley[malito:patrick@scaplanning.eoml Sent:Thursday, December 11,2008 4:33 PM To: S.R. Mills;jonathan @colomdowildlifemience.com;Jim Wahlstrom, Cc: Stan Ciauson Subject: 300 Snowmass Club Orde/U.S.Army Corps of Engineers Pre-construction NotifIcation Please find attached a copy of the Pre-construction Notification submitted to the U.S. Army Corps of Engineers for the proposed redevelopment at 300 Snowmass Club Circle. Please call me with any questions. Patrick S. Rowley,Associate ASLA STAN CLAMN ASSM ALES KC i;yula0.T(:9 an:wteclxe.rummmp.r~. mfr dl2 tJ fv 7 Sire t A.en,Cc9ar4ua dibl l r,91fJi9'i`J.:r3?.3 f.Y7i114d'J.'ILS'?) fde://PAuser\jwlSnowmass Club Circle PUMMinor Preliminary PUD-REVISED OCT 2... 12/31=8 DUNLOP ENVIRONMENTAL CONSULTING, INC. Environmental and Public Health Planning for the Future Thomas S,Dunlop President November 24, 2008 IREC° WED mmTownofSnowss Village s, Jim Wahlstrom, Sr.Planner 1 ' 24 GI18 130 ICeams Rd. Snowmass <yn PO Box 1050 Ctmmn * Devftmerd Snowmass Village,CO 81615 Re:Snowmass Club Circle Minor Preliminary PUD and Amendment to the Snowmass Club PUD Parcel 10,Filing 1,Lot 1 to construct three townhomes. Dear Mr.Wahlstrom: The above mentioned PUD application for 300 Snowmass Club Circle has been reviewed by Dunlop Environmental Consulting,Inc.at your request. The focus of this review is to determine completeness of the application regarding air and water quality and compliance with minimum requirements for s Construction Management Plan(CUP). Air Quality: The applicant claims to be exempt f roq the Akr_Qw41y.Ap81y04,given the size and scope of this project.I am in agreement with this opinion.The tradeoff between what currently exists on the property and vdfa{is proposed is generally offsetting. In the CMP submitted by Fenton Construction,Inc.the statement is made that a State of Colorado Fugitive Dust Permit is not needed due to the size and duration of the project. This is accurate.Ini a review of this project dated July 18,2008 Li West the app ittite Fugitive Dust Plan to the TOSV, even though it is not a State requirement,to formalize a responie sfiould R61 a transport of dust be observed.In Section D,page 37 of this application a commitnent is made as follows; "A Fugitive Dust Permit will be submitted as an additional courtesy."Pe apple nt should submit the Plan to the TOSV. Water Quality: Water quality is mentioned on first Section D,page 8 of the submittal stating"Erosion and sedimentation control techniques will be employed during construction to not impact storm 1 Post Offim Boa 6289 • Snowmass Village,Colorado 81615 USA s Office and Fax(970)9234820 Opra w"rseywwwrW drainage and flood water patterns."As I stated in the July 18,2008 review, it. is suggested the, applicant provide details describing the best management practices and how this will be achieved re.`silt fencing,"n"t,ion pond, dry well,etc). In this most recent submittal the a licant rovides for silt fencing,vehicle tracking pad construction,pi diic!gR protection,erosion log channeUsw efa and erosion lob slope 14 This is found in the on"C,oMAu6mittal.There is also a reco"gnitton that the TOSV may require on-site detention ponds if needed Frer)uent inspections of the property by the applicant and meetingscant _. . with the TOSV following storm events are committed to in ims application. The applicant has provided documentation that a US Army Corps of Engineers Nationwide 29 permit applies to this project. Encroachment into the existing wetlands is permitted under this national permit.A point of clarification is needed,however. In Section 21,6 pages back from the divider,there is a letter to Patrick Rawley from Michael Villa.Mr. Villa states that there is no preconstruction notification required to the Corps of Engineers to apply the Nationwide 29 permit.Upon reading the 0'paragraph of the Nationwide Permit Summary(Section 21,the first page of the permit)the fo o gsteteament appears: "Theperirtlee musisubmit afire;4constructionnotoeaton10dlrrctengineerpriortocommencingtheactivity. "Clarification isrequested on this possible conflict in language. Constraction Management Plnn: In the July 18,2008 review,the applicant was advised to refer to the TOSV Ordinance 12, Series of 2007 titled Standards and Regulations for Construction Management. While the CMP submitted by Fentog Construction,Inc, contained impo t information,:OTe uireA _sections aeded to be.added. For example:Da s and hours of activit;wetion of thenoise standerd and iiudous material storage. Given a.- ao tLis ectsome of the conditions in Ord.12PProf may not applyt is suggested Thai an updated CMP be submitted during the review process,. The t dated CMP in this submittal contains recognition of the TOSV noise standard and hours of approved operation.A detailed reMonse plant address an ill on the, „%,pert w vemailed to me today by Greg Woods from Fenton Consnvchon.l he plan contains adeqMMid9=142 Lri?equ&st'tSeriBoried oii`July'18;200$:Mr:Woods was=as me to notify the TOSV at some point prior to commencing construction that a Fenton Construction employee be., trained in the use of the Will containment material. This concludes findings of this review. SincereI , Thomas S. Dunlop,REHS C.TOSV.300 Smm Club Ckde I I NA8 2 FAFenton Construction, Inc. 300 Snowmass Club Circle Hazardous Material Cleanup Plan Project Name, 300 Snowiness Club Circle Snowmass Village,Co 81615 Below is list of precautionalmilgatlon efforts that Fenton Construction goes to in order to eliminate the need for a hazardous material split cleanup. If a hazardous spill was to occur I have also fisted the protocol we would follow: Spill Prevention Efforts: 1. Do not have more than 25 gallons of possible hazardous material on the construction site at any one time. 2. Store all hazardous material in a flame resistant locker that Is surround by straw waddles and Is located In a slight depression 3. Keep a 25 pound bag of of absorb material next to hazardous material locker 4. Keep a box of dean,dry rags readily available for possible liquid spills S. Instal stray waddles and all fencing along the perimeter of any e:dsdng wetlands or stream located on the property Spill Mitigation Proeadure: 1. In case of emergency cal 911 2. Contain spilled material as quiddy as possible with liquid absorbing material and clean rep 3. Notify local authorities as soon as possible nn Res__pectfully Submitted, 0Y Fenton Construction,Inc Prod act Manager 970)704-2620 Office 970)948.6463 Cell moda0fentoriconeftd.com 67 N 3r°5t,Carbondale,CO 81623 Pbose:970-704-2620 Fax-.970-704.0442 Page I of 2 r,'c SaV narc. tr trs fir From: Dunlopenv4 aol.00m Sent:Monday,December 08,2008 9:01 AM To:Jim Wahlstrom Subject:Re: FW:300 Snowmass Club Circle/Fugitive Dust Permit Jim, Yes,the fughlve dust control plan submitted by Greg Woods from Fenton Construction for 300 Snowmass Club Circle Is adequate.As a caveat, I offer that the decision to apply water to the construction site as a dust suppressant be shared with the applicant and a representative of the TOSV.In other words,someone from the Town,or representing the Town,be able to ask that dust suppression be Initiated If overlooked by the applicant. This authority will be activated only of windblown dust is a problem and remediatlon is noessary. Thank you,Tom Dunlop Environmental Consulting, Inc. Thomas S. Dunlop, REHS PO Box 6289 73 Sinclair Ln Snowmass Village,00 81615 Phone/Fax(970)923-4820 Cell Phone(970)3794026 Dunlopenv @aol.corn Ina message dated 12/51200812:58:34 P.M. Mountain Standard Time,)Imwahlstrom®tosv.00m writes: Wou he'atttrohed file r6preseht in your opinion an apceptabl9 Novo dust oomrol plan? Jlm From:Patrick Raw ,[ma1t6:0tt1ck @spgplarmIng.coM] Sent Friday, Decem Sr0 2008 9:50 AM To:Jim Wahlstrom Cc:Stan Clawson; S.R. Mills; ' - Woods Subject: 300 Snowmass Oub a Fugitive Dust Permit Jim: In connection with the referral fetter prepared uritoo Env,' mental,Consulting,please find attached a cagy of the Fugitive Dust Permit milted by Feet _ ctlon on 8 October 2008. While Dunlop Environmental Consulting G recognized that the live Dual Permit is not required due to the a&and duration of the p ct, applicant has voluntarily to submit the plan based on Dunlop's suggestion. Please contact me any questions. P6h . S Powiay,Assodote ASIA TAN CIAUSON ASSMIATB 4 i file://PAwcAjw\Snowmass Club Circle PUD\Minos Preliminary PUD-REVISED OCT 2... 12/31/2008 RECEIVED FROM TOSV PLANNING DEPARTMENT DECEMBER 18, 2008 From: "Gi1811an, Mark A SPK" Date:Thu, 18 Dec 2008 07:59:32 -0800 To: Patrick Rawley<patrick@scaplanning.com> Subject RE: 300 Snowmass Club Circle/ Pre-construction Notification Patrick Confirm receipt. Comments are pending/optional, Mark Gilfitlan Project Manager/rribal Llaison U.S. Army Engineer District,Sacramento Corps of Engineers Colorado West Regulatory Branch 400 Rood Avenue,Room 142 Grand Junction,Colorado 81501-2583 970)243-1199,ext. 1S;fax(970)241-2358 Jim WahletromL«' From: Austin Weiss[Austin.Welss®d.aspen.00.usl Sent: Tuesday,November 18,2008 2:25 PM To: RE Snow ram RESubject: Snowmess Club Circle Prel Plan-REVISED I just left you a message and would like to chat with you to gain more clarity. But, you are correct. The path works just fine the way it is today. The proposed curb along the edges of the path'would prevent us from using it as a Nordic trail. The proposed 81 retaining wall along I he went edge of the path is also a problem unless we have 14' clearance to the east. Austin Weiss Trails Coordinator, City of Aspen 970-429-2023 Original Message----- F Jim Wahlstrom [mailto:jimwahl8trom4tosv.com] Sent: i y, November 18, 2008 2:07 PM To: Austin We Subject:. RE: anotama lub Circle Prel Plan - R IS - Austin, I believe they were redesigning the and depth in efforts to convey overflow drainage from the wetland pond areas on- .._golf c to the south toward the inlet that enters Brush Creek near NS porti the site. App this redesign does not work for the Nordic Council and.t t needs the flat 14• wide ccee_s by Piston-bully, right? If the case, c e: Piston-bully current access through . existing trail? I'll forwa :e comments to the Applicant and the Planning anion. Jim original Message----- Pram: Austin Weiss [mailto:Auatin.Weissgci.aspen.co.us) Sent: Tuesday, November 18, 2008 1:52 PM To: Jim W Snom RE: Sn QSubject: AS: owmaee Club Circle Prel Plan - REVISED Hi Jim, Thanks for the a ail and the revised plans- The new plans raise several more concerns than the last design. 1. Since the existing cart path is to be narrowed and moved to the east, it is critical that the we retain a bench/trail platform and clearance of at least 14• wide through that entire corridor for the Nordic trail. The width of the actual concrete is not important to us. This means that no plantings or landscaping can take place that is within that 14' corridor and that we maintain a flat surface through there. 2. Snow cleats or snow fences must be used on the roofs that are above the Nordic trail that could potentially avalanche down onto the trail. 3. Roof drainage downspouts cannot empty onto the Nordic trail. Dry wells should be used for this discharge. These comments are in addition to the last submitted ones and do not replace those previous comments. Thanks, Austin Austin Weiss Trails Coordinator, City of Aspen 970-429-2023 1 Page 1 of 1 From:Pouliot,Stephen G. [Steve.Pouliot®wtlsonco.comj Sent-Wednesday,July 02,20081:30 PM To:Jim Wahlstmm Cc: Chris Conrad Subject:Snowmass Club Circle Jim, I have read through the Snowmass Club Circle Minor preliminary PUD. I see no need for the applicant to submit a traffic study per the code cited in the application letter. Thanks, Steve Stephen G.Pouliot,PE Senior Tmumimtim Engheer Wilson&Company, Inc., Engineers&Architects 99818th Street,Suite 2600 Denver,Colorado 80202 303-501-1223 Office 903.6664794 Cali 303-297-2693 Fax www.wllsonmoom fktffft•f**t#*f#k#kRtf tR#tt#*tit*ttttf ktflffff#i Rfff>ffkY R#YRftY#f Ytff Confidential/Proprietary Note: The information in this email is confidential and may be legally privileged. Access to this wail by anyone other than the intended addressee is . unauthorized. If you are not the intended recipient of this message, any review, disclosure, copying, distribution, retention, or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. If you are not the intended recipient, please reply to or forward a copy of this message to the sender and delete the message, any attachments, and any copies thereof from your system. Thank you. fileJ/P:lusef jw15nowmass Club Circle PUD1Minor Preliminary PUD-ORIGINAL JUN... 11/21/2008 From:Dave Harris Sent: Monday,August 11,2008 3:08 PM To:Chris Conrad;David Peckler,Jim Wahlstrom Subject: 300 Snowmass Club Circle PUD FYI I spoke with a representative of Bear Developments last week concerning potential transit impacts from their proposed Snowmasa Club Circle redevelopment. He told me that they are proposing a total of fourteen bedrooms In the new development and wondered If we would anticipate that negatively impacting the bus system. I told him that it could be"the straw that breaks the camels baW for a number of reasons;l)additional ridership numbers could be significant enough at peak times to overburden the system 2)it would add another potential stopping point onto a route that already has ten potential stops on Club Circle alone 3)With the Club Commons Phase If coming online we expect to see a jump In Route#3 ridership. Dave Harris file://P:luserljwlSnowmass Club Circle PUD\Minor Preliminary PUD-REVISED OCT 2... 1111112008 NZ r W o a V. Other Free- Market Townhouse( TEO Type Developments 1L Existing or Approved in Snowmass Village Q vHCategory Homestead Owl Creek Owl Creek TH Country Club Timbers Fanny Hill Cabins Woodrun Snowmass Club Q. TH Parcel E Parcel H TH Place TH Circle- Revised Oct. 25, 2005 Parcel Size 2. 965 Ac. 5. 98 Ac. 4. 42 Ac. 27. 5 Ac 9. 395 Ac. 1. 92 Ac. 1. 17 Ac. 0.4 Ac. 129, 155 SF) ( 260, 489 SF) ( 192, 535 SF) ( 1, 196, 791 SF) ( 409, 246 SF) 83, 635 SF) 50, 922 SF) 17, 424 SF) Number of 14 21 11 90 36, 3- bdrm Club 10 6 3 Units Suites; and 4, 4- bdrm SFA TH[ nits Unit Sizes NA Maximum Maximum Average Average Average Maximum Average 3, 500 SF 3, 500 SF 2, 750 SF 3, 215 SF 2, 387 SF 2, 500 SF 3, 697 SF excluding excluding including not including not including not including w/ o garages) garages) garages) garages)** underground underground underground 4, 267 SF parking a parking garage) arkin garage) w/ es " Total Floor NA 85, 000 SF 44, 500 SF 247. 460 SF 128, 581 SF 25, 875 SF 15, 000 SF 12, 165 SF Area excluding excluding gross) garages)* garages)* F. A. R. NA 0. 33: 1 0. 23: 1 0. 21: 1 0. 31: 1 0. 31: 1 0. 29: 1 0. 70: 1 Density 4. 72 DU/ ac. 3.5 DU/ ac. 2.5 DU/ ac. 3.3 DU/ ac. 4. 26 DSU/ ac. 5.2 DU/ ac. 5. 13 DU/ ac. 7.5 DU/ ac. entire site) Under the old Chapter 16 Land Use Code, single car garages were exempt up to 300 SF and double car garages exempt up to 600 SF Ordinance No. 11, Series of 1999, eliminated garage exemptions for W development in new Chapter 16A of the Land Use Code Prepared by TOS V Planning Department- November 2008 ATTACHMENT 3 TC Report 02-17-09 Referral Agency Review Comments latest round) per .s.upplemental information or drawings submitted January 20, 2009 regading revised Snowmass Club Circle Preliminary Plan Note: See Exhibit `D' of the Planning Commission Resolution 09-3 for the referral agency review comments on the revised Snowmass Club Circle Preliminary Plan application of October 27, 2008 G Ie:///1':/user/jw/Snowmass%20CIub%200rc1c%20PUD/Minor°/u20P... From: Debbie Duley [DebbieD @sgm-inc.com] Sent: Wednesday,January 28, 2009 10:16 AM To: Jim Wahlstrom Cc: Dunlopenv @aol.com; hydro @sopris.net Subject: 300 Snowmass Club Circle Attachments: 01-28-09 Jim Wahlstrom.doc; 12-01-08 Jim Wahlstrom.pdf Jim, Attached are my-comments relative tothe additional Information providedbi$tan Clauson Associates on the above referenced project. I would agree with your assessment that the applicant is not willing to spend much effort responding to the review comments. There is really no new Information provided iin this, submittal. Thanks, Debbie Duley,Projeci Manager SCHMUESERI GORDON LMEYER means I suevevows 1 18 WEsT 6TH STREET, SurrE 200 GLENWOM SPRINOS, CO 8 1801 970-G46-1004 / FAX: 970.945-5948 WW W.EOM-INC.COM 1 of 1 2111/2009 9:46 AM SIGIM MEMORANDUM TO: Jim Wahlstrom, Senior Planner FROM: Debbie Duley CC: Dean Gordon DATE: January 28, 2009 SUBJECT: Snowmass Club Circle PUD Minor Preliminary Planned Unit Development and Amendment to the Snowmass Club PUD Parcel 10, Filing 1, Lot 1 to construct three town homes. 1 have reviewed the additional Information regarding the above referenced application that was provided to our office on January 22, 2009. The applicant has provided full size drawings Sheet 1 of 1 ALTA/ACSM Survey Plat, and Sheet C9 Sanitary Sewer Details which were missing from the previous application package. The application materials Include a copy of a Pre-construction Notification to the Army Corp of Engineers for the wetlands construction and a drawing showing the outline of a proposed water feature. No specific Information regarding the source of water, the Inlet or outlet structures, depth or grading of the water feature is provided. The Pre-construction Notification includes a copy of the Wetlands Delineation Report prepared by NatureTech Consultant Services Corp. In July 2007. However, the wetlands mapping provided is for a delineation done by Drexel, Barrell & Co. in July 2001. The relationship between the mapping and the subject property Is not clear. The applicant has not responded to any of the other review comments provided to you In my letter of December 1, 2008. See copy attached. ewe- W4.A*,T-,Ql Oly pj.A4NJOA GoMr^i SSidJ fi le:///P:/user/jw/Snowmass%20CIub°/,20Circic%20PUD/Minor%20P... From: Dunlopenv@aol.com Sent: Tuesday, January 27, 2009 8:41 PM To: Jim Wahlstrom Cc: deang @sgrr-irx.com; debbied @sgm-inc.com; hydro @sopris.net Subject: 300 Smass Club Circle Jim, have reviewed the packet of material you sent regarding the 300 Smass Club Circle applicant's response to earlier project reviews by myself, Bill Johnson and Debbie Duley. Patrick Rawley submitted a pre-construction notification to Corps of Engineers, but there is no evidence of a reply from the Corps. This may or may not be necessary from the Corps protocol, but it will be helpful 9 we knew the notification was received and perhaps acted on. Jonathan Lowsky, Colo Wildlife Science, LLC mentions in his report dated April 25, 2008 that the wetlands"...mitigation proposal will be amended to meet airy additional requirements set forth by USCOE(US Corps of Engineers.)"A reply from the Corps as mentioned above will add clarity to the final design. The January 20, 2009 memo from Patrick Rawley to you showing the replacement wetlands does not provide much detail about how the water will flow into and out of the wetlands, how deep the wetlands will be, nor much else about the function of the system such as retention time, natural filtering capacity, etc.. There is a structure next to the wetlands that Is not defined. In my previous comments I deferred future detailed comments to Debbie and Bill as it seemed as though we were all looking at similar issues in the submittal. I will again defer to them, but with the caveat that I do not see substantial progress by the applicant to provide us a complete package of material from which to evaluate.Your observation that the applicant is reluctant to spend much effort on responding to review commends until they are assured of a viable project is evident. Contact me for further discussion if necessary. Thank you, Tom Dunlop Environmental Consulting, Inc. Thomas S. Dunlop, REHS PO Box 6289 73 Sinclair Ln Snowmass Village, CO 81615 Phone/Fax(970) 923-4820 Cell Phone(970) 379-4028 Durdopenv@aol.com A Good Credit Score is 700 or Above. See yours Inlusf2 eaeY stepst I of 1 2/11/2009 9:44 AM Page 1 of 1 Jim Wahlstrom From: Bill Johnson [hydroOsopris.net] Sent: Tuesday,January 27, 2009 2:46 PM To: Jim Wahlstrom Subject: Snowmass Club Circle Jim: I reviewed the documents and plans you sent and have the following comments: In the preconstruction notification Stan Clauson indicates they will mitigate the wetland on a 1:1 ratio. However in the plans there is a water feature with a few scattered wetland plants around the edges of the pond. Open water does not count for wetland mitigation. It must be a full blown wetland. I would like to know the numbers of plants, where the hydrology is coming from, cross section and more detail on the proposed wetland when they redesign it. Bill Johnson Professional Hydrologist Earth Resource Investigations, Inc. 2195 Overlook Court Grand Junction, CO 81507 970-314-9804 1/28/2009 DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT,SACRAMENTO CORPS OF ENGINEERS COLORADO WEST REGULATORY BRANCH 400 ROOD AVENUE,ROOM 142 OFoATtEMON GRAND JUNCTION,COLORADO 81601TIENa January 26,2009 Regulatory Division(SPK-2008-1799-C W)RECEITvED S.R.Mills FEB 05 20A Bear Realty,Inc.V amass wage 4100 80"i Street Q0111fitadly' De9ebpment Kenosha,Wisconsin 53142 Dear S.R. Mills: We are responding to your December 11,2008,request for a Department of the Army permit for the 300 Snowmass Club project. This approximately 0.5 acre project involves activities, including discharges of dredged or fill material,in waters of the United States to redevelop the existing parcel. The site is located near Brush Creek within Section 31,Township 9 South,Range 85 West,6t4 PM,Pitkin County,Colorado. Based on the information you provided,the proposed activity in approximately 0.02 acres of wetlands is authorized by Nationwide General permit number(NWP)29. Your work must comply with the general terms and conditions fisted on the enclosed NWP information sheets. You must sign the enclosed Compliance Certification and return it to this office within 30 days after completion ofthe authorized work. This verification is valid for two years from the date of this letter of until the NWP is modified,reissued,or revoked,whichever comes first, Failure to comply with the General Conditions of this NWP,or the project-specific Special Conditions ofthis authorization,may result in the suspension or revocation of your authorization. We appreciate your feedback. At your earliest convenience,please tell us how we are doing by completing our customer survey at http.-IAinnv.spkusace.anny.mif/customer survey.html. Your passcDde is"conigliaro". COMPLIANCE CERTIFICATION Permit File Number; SPK-2008-1799-CW Nationwide Permit Number: ls'WP 29 Permittee: S.R.Mills RECEIVED Bear Realty,Inc. 4100 80"Street ff-R.f-R. 03 2009Kenosha,Wisconsin 53142 Snovanass v90age County:Pitkin County CORBfIU* D"914"leffl. Date of Verification: January 26,2009 Within 30 days after completion of the activity authorized by this permit, sign this certification and return it to the following address: U.S.Army Corps of Engineers Regulatory Division Colorado West Regulatory Branch 400 Rood Avenue,Room 142, Grand Junction, Colorado 81501 FAX (970)241-2358 Please note that your permitted activity is subject to a compliance inspection by a U.S.Army Corps of Engineers representative. If you fall to comply with the terms and conditions of the permit your authorization may be suspended,modified,or revoked. If you have any questions about this certification,please contact the Corps of Engineers, s + r • + + + Y hereby certyy that the work authorized by the above-referenced permit, including all the required mitigation, was completed in accordance with the terms and conditions of the permit ver(Jlcation. Signature of Permittee Date 4l0/ZOO J 88 838 1538 03 898Zl9ZOtst xYJ 5900 s00z/50/zo ATTACHMENT 4 TC Report 02-17-09 Public comments received on the revised Snowmass Club Circle Preliminary Plan application dated October 27, 2008 RECEIVED Fl a. U 3 Aq snowmass Village Community Development 111 E. Shoreline Drive Sandusky, Ohio 44870 January 26, 2009 Jim Wahlstrom, Senior Planner Snowmass Village Planning Department Town Hall P.O. Box 5010 Snowmass Village, CO 81615 Re: Redevelopment of Parcel 10, Filing No. 1, Lot 1 Dear Mr. Wahlstrom: My wife and I are the owners of the No. 2 County Club Townhome. We object to the planned redevelopment identified above as it is much too large for the building lot. Very truly yours, Michael T. Murr" ay COUNTRY CLUB TOWNHOMES CORPORATION P.O.Box 6159 Snowmass Village,Colorado 51615 JVOw+'S 970 9234944 To: TOSV Town Council Members RECEIVED From: Howard P.Foley,Pres. CCTH,,JAN 2? 9 2009 Snowmass viiiage Date: Jan. 23, 2009 Community Development Subject: TOSV Planning Commission RESOLUTION NO. 03 SERIES OF 2009 Please support the recommendation and vote of the TOSV Planning Commission regarding the proposed redevelopment plan for the old 1,200 square foot golf-shop building she, situated on four-tenths of an acre on the Snowmass Club golf course. Parcel 10, Filing No. 1,Lot 1 of the Snowmass Club Subdivision) That recommendation and.vote was: "...the Planning Commission recommends to the Town Council that the applicant not be granted permission to submit a final PUD application." The time that the staff and Planning Commission members spent gathering and doing the detailed analysis of the pertinent information led to a 5-0 vote against the redevelopment plan as currently proposed. It was understandable that the two new commissioners who did not have an opportunity to participate in that analysis abstained. The adopted Planning Commission resolution left the"door open"for a new and more appropriate scaled-down submittal from the developers which would address their concerns. These concerns dealt with issues such as"scale","mass","location", transition-, n8lty"density", "inte , "parkiin$n, "Wetlands", "drainage-and Issues pointed out in comme;s from many TOSV and neighboring agencies. It seems to us at the Country Club Townhomes that these very important issues and the recommendations of the Planning Commission should be seriously addressed before Town Council is asked to spend time considering the proposal in its current form. We believe anything short of eliminating the unit closest to Snowmass Club Circle,the one that has the most negative impacts of the three proposed units on most of the water/wethutds/dramage"issues and also runs along our property line creating the"wall affect",would fall far short of what night be considered appropriate for that small golf- shop building site. Bringing the plan rejected by the Planning Commission to Town Council"as is" is not in our opinion, a credible or respectful response to the Planning Commissioners' concerns that surround this application. Page 2 of 3 800Z/EI/ZI 0 Ilk i N oN i I I 1/28/2009 C 1 Its EXWTWG CONDITIONS EXISTING CONOITIONS Ito PHOTO SIMULATIONS Howard Original Message----- From: Lebuhn. Elaine To: Howard Foley Sent; Thursday,January 29, 2009 2:04 PM Subject: RE:golf cart path/Nordic ski trail The otherproblem,which already exists,is the.fact that often times the golfers do not look and come straight across the street--a narrower path,would give them !he,irn"ression that Indeed this isjust.going straight aliead`and hot into.a working road,.J fear.thiS Will be very.dang@rousl Elaine From: Howard Foley [mailto:hpfoley @msn.com] Sent: Friday, January 30, 2009 12:02 AM To: Ed Abrahamtan; Bob Dyche; Fleur L. Strand (E-mail); Chuck Buhsmer; Marcia Donnell; Ken Petke; Lebuhn, Elaine Cc: Leslie Lamont; Jim Wahlstrom Subject: golf cart path/Nordic ski trail Elaine, The developer plans to make it "narrower" and leave it in the same place. How much narrower I don't know but golf carts going from the 8th green to the 9th tee need room to pass carts going from the 10th green to the 11th tee. That could be a "challenge". I don't think a narrower path there will be well received by the Nordic skiers either. Howard Original Message----- From: kebuhn;Elaine To: Howard Foley; Ed Atirahamian ; Bob Dyche;Fleur L.Strand tE maill.;Chuck Buhsmer; arci Donnell;Ken`Petke --_-- -' — Cc:Leslie Lamont Sent: Thursday,January 29,2009 10:27 AM Subject: RE: Additional info.for Town Council Members What does this.do to the golf path?Wilfthat have to be moved slnce R looks:as it the driveway.may be. there or I can't see clearly.in the photos but just:wondered. Elaine From: Howard Foley [hpfoley @msn.com] Sent: Thursday, January 08, 2009 2:10 PM To: Jim Wahlstrom Subject: Congrat's on last night's Planning Commission meeting vote Jim, On behalf of all the homeowners at the Country Club Townhomes, I want to thank you for the very professional job you have done over these many months regarding the proposed residential development of the "old golf pro-shop", four-tenths of an acre golf course site at the entry to our neighborhood. Sorry I couldn't say thanks last night but I left the meeting right after the vote. The time you spent gathering and doing the detailed analysis of the pertinent information led to the 5-0 Planning Commission vote in favor of your recommended resolution to the Town Council, that the applicant not be granted permission to submit a final PUD application". It was understandable that the two new Commission members abstained although I wish it had been a 7-0 vote. The vote was "proof positive" of great job you did on all facets of this application. While the adopted Commission resolution left the "door open" for a new scaled-down submittal from the developers which seriously addresses the many concerns regarding "scale", "mass", location", "transitlon", "density", "intensity", "parking", "wetlands", "drainage" and issues pointed out in comments from many TOSV and neighboring agencies, I hope we don't see a new proposal that just eliminates a few bedrooms so they don't have to still ask for that variance. That would certainly not be a credible nor respectful response to the Planning Commission Member's concerns that surrounds this application. I still believe anything short of eliminating that unit closest to Snowmass Club Circle, the one that has the most negative impacts of the three proposed units on most of the "water-related/drainage issues" and that also runs along our property line creating the "wall effect", would fall far short of what might honestly be considered appropriate for that golf course site. I did share these concerns with the applicant's representative, Stan Clauson of Stan Clauson Associates, Inc., outside the Council Meeting Room last night before he and I left. Thank you again and thank you members of the Planning Commission for your vote and the direction you gave to the applicant last night. Howard Foley, CCTH Pres. I of 1 2/11/2009 11:11 AM LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. PROFESSIONAL CORPORATION T MOD FLOOR,ASPEN PLAZA BUILDING 533E HOPKINS AVENUE ASPEN,COLORADO,81611 LEONAROM.OATE9 TELEPHONE(970)920)700 RICHARD A KNEZFMCH FACSIMILE 197[19201111 TED D.GARDENSWARTZ DAVID D.KELLY MARIAMORROW OF COUNSEL. ImP oh9bw.0Pm JOHN 7 KELLY STEPHEN R CONNOR ANNE MARIE.MOPHEE STACY FEINBERG WLNDYC FOSTVEDT December 17, 2008 VIA E-MAIL Town of Snowmass Village Planning&Zoning Commission c/o Chris Conrad,Town Planner P.O. Box 5010 Snowmass Village, CO 81615 Re.Suowmass Club Circle Proposal Dear Members of Planning&Zoning Commission: We received on December 15'h and reviewed Jim Wahlstrom's memorandum made in connection with the scheduled December 17, 2008 final P&Z meeting for the above project We urge the P&Z to follow Staff s recommendation. We agree with Staffs analysis that if P&Z is favorably disposed to pass a recommendation for approval on to the Town Council that the bulk, scale and mass of the proposed project need to be significantly reduced, and additionally that no meaningful public benefits have been demonstrated by the applicant,Bear Realty. More fundamentally, in my appearances before your commission in connection with this matter I have referred to the development as being akin to alchemy. I do not believe that I adequately addressed this for the benefit for all of the members of the P&Z in those appearances. Specifically, Parcel 10, Filing 1, Lot 1 of the Snowmass Club PUD was identified at the time of the approval of the PUD based upon its proposed future land use. That use was recreation and nothing else. Unit Owners in both the Villas and Townhomes purchased in the reliance on the understanding that Lot 10 could only be used for recreation purposes, not an intense residential development. That land use was designated as recreational and that is what the buildout chart adopted in connection with the approval provides. There is no provision in the PUD for a future land use with residential uses on Lot 10. The PUD was revisited as recently 2002 at that time no request was made for modification of the potential use from recreational to residential. That is only some six years ago. Somewhere along the line a use of the existing building on Lot 10 for Ski Company Planning Office purposes came into being after it was no longer used as the golf course clubhouse. It is unclear as M..N 9DLMOASSF-DP1:Cli .LMO.Lm Chda:lubTOSVP4Z 12.1701,1- OA*rps, KNEZEVicri,GARDENSWARTZ& KELLY P.C. Town of Snowmass Village Planning& Zoning Commission December 17, 2008 Page 2 to how this occurred and what approval process took place in connection therewith. Bear Realty has argued that the change in use of the property is from an office use to a residential use. We think this is fundamentally incorrect inasmuch as there is no transition by virtue of an amendment to the PUD from recreation to office, thereby making the argument that the change in use from office to residential is really a change from a more intensive to a less intensive use of the property. We believe that this argument is without merit as the transition from recreation to office was not demonstrated by an amendment to the PUD or to the buildout chart. Therefore, P&Z should consider this change to be a change from recreation to residential and apply the changed circumstances test to that change. Our clients, the Owner of Unit 1101, Snowmass Villas Condominiums, urge that they will be affected in a substantially adverse manner, by approval of this project; and, if approved the project would confer a special benefit on Bear Realty. The Colorado Planned Unit Development Act states in Section 24-67-106(3) (b): b) Except as otherwise provided in paragraph (b.5) of this subsection (3), no substantial modification, removal, or release of the provisions of the plan by the county or municipality shall be permitted except upon a finding by the county or municipality, following a public hearing called and held in accordance with the provisions of section 24-67-104 (1) (e) that the modification,removal, or release is consistent with the efficient development and preservation of the entire planned unit development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person." The Town of Snowmass Village Code in amendment of a PUD in Section 16A-5-390(3) (b): 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." We ask that this letter be made a part of the record in this matter, Very Truly Yours, OATES,KNEZEVICu,GARDENSWARTZ&KELLY,P.C. By ~Fjao D,6 Leonard M. Oates cc: Charles Lee LMO/bab RECEIVED BY TOSV PLANNING DEPARTMENT DECEMBER 17,2008 Hey Jim; I hope;l am not communicating too much with you 6n this. I Wanted,to thank you and your committee for the time and thought that is being given to this proposed development: To make this real qulck, I just wanted to let you know(again, I am in Townhome 1;immediately adjacent to the development)that I strongly agree with Howard Foley's emai6lo you on 12/14. Like I wrote earlier, lam not opposed to a thoughtful,appropriate addition to the nefghborhood. Two Units of proper mass., height and density would(in my opinion)be more reasonable,and be a benefit to the enttie commurilty. Thank you again, for your ilme on this, Hope.you'havea wonderful holiday: Bradley Kastan Managing Director ae_ar, Stearns a J. P. Morgan company 1:00, Regent St. , Suite to Columbus, Ohio 93219 Office 614.) 392-6844 Teli Pree' 1866) 200-1-293 t=ax W2) 356=9154 bkastan @bea"r.com www.liearstearri"e_com RECEIVED BY TOSV PLANNING DEPARTMENT DECEMBER 17,2008 December 16,2008 Chris Conrad, Planning Director Jim Wahlstrom, Senior Planner Dear Sirs, The Club Villas Corporation, aka Villas at Snowmass Club, Board of Directors held a quarterly Board meeting on Friday December 13th, at which time it reviewed the revised application to the town of Snowmass for the Bear Realty pro-shop application. The Board noted that the developer in irs November 2008 re-submission responded to community comments from the initial submission in July 2008 and has made significant changes to the plan. The Club Villas Corporation Board supports this project. Ilene Grossbard, President Villas of Snowmass Board of Directors RECEIVED BY TOSV PLANNING DEPARTMENT December 16,2008 Original Message ----- From: Howard Folev To: Iimwalstr6m 6tosv.com Sent: Sunday, December 14,2008 2:38 PM Subject: old golf pro-shop proposed development Jim, Thanks again for all the time you spent with me on the proposed 14,834 square foot development at the entry to the Country Club Townhomes this past Wed., Dec. 10th. We know there are still ongoing concerns regarding density, drainage, bullding mass and location of that proposed development on that small site where the 1,200 square foot old golf pro-shop now sits. As I understand some of the comparative data at the Country Club Townhomes we have 247,460 square feet of floor area as determined by current Land Use Code. That is situated on 1,196,791 square feet or 27 acres for a .20:1 FAR. The highest building I'm now told is 32 feet and we have 79% of our property open space. Is It logical for us to believe that by reducing this proposal from three units to two, by eliminating the unit that is right on our CCTH property line, would go a long way In solving the remaining problems? When I look at the two attachments that are part of this email I'm convinced it is a real solution if it can poste` sibly wort economically for the developers. I think that Is something we would definitely support. What do you think? Howard i i' 90SL 1051 I Rost law i SOI 6051 S 1 ^ 3 OLSL l v ast mo l lS l r www laSOSL i ZO LOSL OOSL AM nov roww eae 1I i EXISTING CONDITIONS BOOTING CONDMONS PHOTO SlkAJLATtONS PROPOSED DESIGN PROPOSEDDESIGN SHEETA13 1 T WNH. t? U SF S uq ` 1.` N', S1# 1,."' 4_s !.''. iy If Ili} Kr.•• VJu:} MESSAGE RECEIVED 12-15-08 TOSV Planning Department Jim I have written you previously but wanted to again express my concerns regarding the proposed development at the old pro shop on the snowmass golf course. Upon further examination of the plans I again come to the conclusion that the scale and mass of this proposal does not provide for a transition from the villas condominiums to the townhomes. From the road, from the townhomes and even from the villas the impact of the mass just seems inappropriately large and even overwhelming from certain angles. I do not pretend to be a developer but might a better result come by either reducing the size of the proposed units to more closely match the largest of the townhomes (approx 2700 feet)or reducing the number of these large units from 3 to 2? 1 am happy to come and express these views in person if that is more appropriate. Thanks for your consideration. John John V. Flynn,Jr Phone: 302-383-1781 E-mail:iflynn@hc-rs.com RECEIVED BY T08V PLANNING DEPARTMENT 12-04-08 AT 9715 A.M. Original Message----- From: Linda Gerdenich GnailCo:lgerdeitioh8oi)ermeyer.comI Sent: Wednesday, December 03, 20081:40 PM To: Chris Conrad Cc: HDDR @aol.com; bwoodin @silvertreehotel.com Subject: RE: Planning Commission & Obermeyer sales notification Thanks Chris, I will definitely NOT be at the meeting as I have 2 events with Klaus at 4:30 & 6pm, sorry. Here's my previous email supporting the project. Let me know if you have any further questions. I really would like encouragement of a public art piece & the owners did feel that was possibility. From: Linda Gerdenich [mailto:lgerdenich6o6ermeydr.com7 Sent: 24 November 2008 3:34P To: clerk@tosv.com Cc: Stan Clauson; 'Phillip Ring' ; HDDR @aol.com; bwoodin@silvertreehotel.com; 'Hunter O'Hanian' Subject: Support for Bear Realty PUD Hi All, As a Villas at the Snowmass Club homeowner, I would like to show my support of this project with this email. I think the re-design is much improved. It blends with the neighborhood nicely. I might suggest a Community amenity since that was a topic of conversation at the last P&Z mtg on 11/18. Since TOSV has an Arts Advisory Board, I might suggest a piece of Public Art for the new pond or on the golf course side as well. SAAB (Snowmass Arts Advisory Board) has all of the processes in place to jury and select a piece of public art. The only thing we need is $$$$$$. I would be happy to discuss this opportunity with whomever. Not sure I will be at the P&Z mtg on 12/3 due to Obermeyer commitments but wanted you to know that as a neighbor, I support the project. Please feel free to contact me with any additional needed information. L Linda Gerdenich Sport Obermeyer Public Relations Direct - 970-920-6663 Cell - 970-274-2478 Main 970-925-5060X153 115 Aspen Business Center Aspen, CO 81611 ww'B.obermeyei.Com <BLOCKED: :http://www.obermeyer.com/> Page I of 1 From: Craig Ward [sward @rot.net] Sent: Wednesday, December 03,2008 3:26 PM To: Jim Wahlstrom Cc: John Wilkinson Jim: My mother,Rebecca Sparks,owns CCVilla#1104,and we have reviewed the proposed new townhouses by Bear Realty,which is very close to my mother's property. Even with the constrained site being closer to the road than the CCV ilia and The Country Club Homes,we feel that the developer has done a good job listening to the neighbors and has proposed a good development for the site. Off-street parking, screening with landscaping, height limits and basic architectural design seems compatible with the existing developments to the east and west. As neighbors we are in favor of its approval,and hope that Town Council will do the same. We have no interest in the project,and I do not represent the developer. Thank you for your consideration. Please call me if you have any questions. Craig Ward Aspen 374-1254 12/4/2008 From: John Donnell Urdonnell @gmail.coml Sent: Wednesday,December 03, 2008 10:27 AM To: Jim Wahlstrom Cc: Howard Foley Subject: 300 Snowmass Club Circle Jim, I am the owner and resident of Country Club Townhome#6. Some weeks ago 1 expressed to you and the Town Council my concerns about the proposed development of the old golf pro shop property. I understand the Planning Commission will have a hearing on the project today. I cannot be present, but want to share these thoughts. I appreciate the changes the developers, Bear Realty,have made since their original submittal, however the height,mass and scale are still badly out of harmony with our adjacent Townhomes,particularly the 38 height, which will completely dwarf the 26 foot Townhomes. The concept of an architectural transition from the Townhomes to the Villas is lost. Thanks for your consideration. John Donnell CCTH#6 I of 1 2/11/2009 11:19 AM From:John Flynn Sent: Friday, November 28, 2008 3:50 PM To: 'jwahlstmm@tosv.com' Cc: 'Howard Foley' Subject: continued public hearing Mr. Wahistrom; I appeared at the last public hearing on the minor pud amendment application for parcel 10, the golf pro shop. At that time I expressed concern regarding the size and mass of the original proposal as well as its proximity to the road. The new plan that I have seen deals with the closeness to the road and does retain the wetland but I cannot tell from the plan the size or height of the buildings. I asked then and I ask now that the building be a transition to the townhomes with a height and "feeling" more like the townhomes and less like the condominiums/villas. With this building being close to both the road and the townhomes it should appear more like a townhome than condominium building. John V. Flynn, Jr I of I 2/11/2009 11:21 AN From: Howard Foley [hpfoley @msn.com] Sent: Friday, November 21, 2008 9:38 AM To: Kristi Bamford; Jim Wahlstrom Cc: Greg Rulon; Kastan, Bradley (Exchange); hkastan @columbus.rr.com; Mike Hoffman ; Imo @okglaw.com; Don Kempf; patrick@scaplanning.com; Chris Conrad; Bob Dyche; John Flynn; Marcia Donnell; Elaine LeBuhn; bobloubler; John R. Donnell, Jr. Subject: Re: Site Visit - S'mass Club Or proposal Jim, Thank you for copying me on your email of Thurs., Nov. 20th. I'm sharing it and my response with a few others at the Country Club Townhomes as well. First, I think the site visit as a follow-up to last Wednesday night's meeting is an excellent next step for the Planning Commissioners to take during this review process. Please make sure you and the Commissioners have access to Brad Kastan's Unit *1 at the Country Club Townhomes. His adjacent unit, located to the west, would be the one closest to the proposed structures if the plan were to be approved. Among other Issues we are all still concerned about, Brad Is particularly concerned that sunlight to the unit might be blocked by the new structures. Brad has recently completed a significant remodel of his unit and one of the design objectives of that remodel was to take advantage of the light coming through the stairway windows on the southeast corner of his unit. He also has questions about impacts on the northeast corner of his unit as well. Viewing the site from inside his unit will be very important for you in the decision making process. Second, it still seems to many of us at the Country Club Townhomes that even the revised proposal Is attempting to put a "lot of mass" on a small site and it is being "pushed to the west" because of the existing golf cart path. In my July 31st email to the Planning Commission I emphasized our concerns regarding height, scale, mass, density, volume, set-back and community compatibility Issues. Although the revised proposal contains structures that do not require a height variance we would question whether the 38 feet being proposed is truly a "transitional height" from the Villas to the Country Club Townhomes where our maximum height Is 26 feet. We were hoping for something that was a little less than the Villas and a little more than the Country Club Townhomes. Third, I do believe the developer has shown a willingness to respond to the nearby community's concerns. Revising the number of units from four to three with a reduction of 6,000 square feet is very positive from our perspective. The proposed replacement wetland pond is much better than the original plan to eliminate the existing pond and pave over It for a parking lot. The front setback of 30 feet on the north side is much better than the original 10 feet but we were hoping for more of a setback on the west side than the now proposed 10 feet where one of the proposed structures would run along most the property line with the Country Club Townhomes. Again, trying to squeeze a lot in a small space. Again Jim, thank you for all your hard work on this proposal and for the many opportunities you have provided to all of us to share our concerns and suggestions with you, your staff and the Planning Commissioners. Howard P. Foley, Pres., CCTH 2/11/2009 11:09 AM Page I of I From: Patrick Flawley[patrick0scaplanning.com) Sent: Wednesday, November 12,2008 4:46 PM To: Jim Wahlstrom Cc-. Stan Clauson;S.R.Mills Subject. FW:300 Snowmass Club Circle/Neighborhood Meeting Material Jim: Please find an email from a homeowner who attended last night's meeting. Please include this email in the packet to the P&Z. Patrick Fromt. Bob Loubier[mailto:bobloubter@oDmcast.net] Sent:Wednesday, November 12,2008 4:26 PM To: Patrick RavAey Subject Re: 300 Snowmass Club Circle I Neighborhood Meeting Material Hello Patrick Thank you for your presentation last evening. As CCTV homeowner,I can support this project. You all did a very good job. b Ftom: Bob Loubler[)obloubler@comcast.net] Sent: Thursday,November 13,2008 8:53 AM To: Jim Wahistrom Subject: Re:300 Snowmass Club Circle I Neighborhood Meeting Material Good Morning Jim Yes,it Is OK to make my email part of the public record. Be advised that I am NOT speaking on behalf of our home owners association but only on behalf of myself. Cordially, Bob I ill 7/7MR MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: February 17, 2009 SUBJECT: Resolution No. 7, Series of 2009 I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: While researching term limits for the Chair of the Liquor Licensing Authority LLA), staff became aware that at some point the staggered and overlapping terms of LLA members got out of sequence. Council is requested to pass a clarifying resolution which will clarify the terms and correct the sequence of terms to comply with Section 2-253 of the SVMC. I1. SUMMARY OF PROJECT Clarify the existing terms and correct the sequence of terms to provide staggered and overlapping terms. 111. BACKGROUND Staff believes the sequence of terms got altered as the result of two resignations that occurred recently when existing members no longer resided in Snowmass Village as required. It appears to staff that Janine Barth was inadvertently appointed to fulfill an unexpired term when it was intended that she be appointed to a full three-year term. IV. APPLICABLE REGULATIONS Section 2-253 of the SVMC V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS By clarifying the term of Member Janine Barth the proper sequence of 2-1-2 will return rather than the current 2-0-3. VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council approve Resolution 7 of 2009. Options include: approve, amend or deny. I SNOWMASS VILLAGE TOWN COUNCIL 2 3 RESOLUTION NO. 7 4 SERIES OF 2009 5 6 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 7 VILLAGE, CLARIFYING THE OVERLAPPING TERMS FOR THE LIQUOR LICENSING 8 AUTHORITY, RESTORING THE PROPER SEQUENCE OF TERMS FOR LIQUOR 9 LICENSING AUTHORITY MEMBERS, AND CLARIFYING THE TERM OF LIQUOR 10 LICENSING AUTHORITY MEMBER JANINE BARTH 11 12 WHEREAS, the Town Council of the Town of Snowmass Village has determined 13 that currently Section 2-253 of the Snowmass Village Municipal Code provides that Liquor 14 Licensing Authority members shall serve three (3) year terms, and that said terms shall be 15 staggered to provide overlapping terms; and 16 17 WHEREAS, the Town Council recognizes that Section 2-253 also provides that 18 unexpired terms are filled by Town Council appointment until said term expires; and 19 20 WHEREAS, the Town Council finds that due to a misunderstanding regarding the 21 staggered and overlapping terms resulting from two Liquor Licensing Authority member's 22 resignations, which resignations occurred due to the members relocation of their 23 residences out of Snowmass Village as required, that the staggered schedule and 24 overlapping appointments has been altered; and 25 26 WHEREAS, it was intended that Janine Barth be appointed to a full three year term 27 rather than erroneously appointing Janine Barth to fulfill an unexpired term; and 28 29 WHEREAS, by clarifying the term that Janine Barth was appointed to as a three 30 year term commencing in January 2008 and ending in January 2011, the proper schedule 31 of staggered and overlapping terms for Liquor Licensing Authority members will be 32 corrected as provided in Section 2-253 of the Snowmass Village Municipal Code. 33 34 WHEREAS, the Town Council finds that the adoption of this Resolution is 35 necessary for the preservation of the public health, safety and welfare. 36 37 NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of 38 Snowmass Village, Colorado: 39 40 1. That the term for Liquor License Authority member Janine Barth is hereby 41 clarified to have commenced in January, 2008 and shall expire in January, 42 2011, or as soon thereafter as her successor is qualified and swom. 43 1 44 2. That the clarification in Section 1 above shall provide compliance with the 45 staggered and overlapping term requirement of Section 2-253 and the schedule 46 of terms shall be as follows: 47 48 a) two terms shall expire in January, 2010 (Aiken and Greiser) 49 b) one term shall expire in January, 2011 (Barth) 50 c) two terms shall expire in January, 2012 (McKeague and Boineau) 51 52 3. That the staggered and overlapping schedule contained in Section 2 above, shall 53 repeat in subsequent years. 54 55 56 READ,APPROVED AND ADOPTED by the Town Council of the Town of 57 Snowmass Village on the 17th of February, 2009 upon a motion made by Council 58 Member the second of Council Member 59 and upon a vote of_in favor and _ opposed. 60 61 62 TOWN OF SNOWMASS VILLAGE 63 64 65 66 Bill Boineau, Mayor 67 68 69 70 ATTEST: 71 72 73 74 Rhonda Coxon, Town Clerk 75 76 77 78 79 APPROVED AS TO FORM 80 81 82 83 John C. Dresser, Jr., Town Attorney 2 Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss two items: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24-6-402(4)(e) and Snowmass Village Municipal Code Section 2-45(c)(5); and b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: FEBRUARY 17, 2009 JOINT MEETING WITH TOWN COUNCIL AND PITKIN COUNTY BOARD OF COMMISSIONERS (BOCC) The BOCC would like to set the annual joint meeting with the Snowmass Village Town Council and have requested time on our agenda in April. In the past we have started this meeting at 3:00 p.m. and the Regular Town Council meeting following at 4:00 p.m. The Town Council meetings are set for April 6`h and 20". Some of the items they would like to discuss relate to economic conditions, the Comprehensive Plan update, general discussion on regional issues and anything you would like to discuss. ELECTED OFFICIALS TRANSPORTATION COMMITTEE (EOTC) Staff would like to set the date for the next EOTC meeting. It has been proposed to meet on April 9, 2009. The following are the possible agenda items: Scheduling of a retreat to develop a strategic plan for transportation Long Term Fund Analysis (5-10 year plan) Free Snowmass to Aspen Service Analysis by Consultant BRT Update Winter Bus Lanes Operation Update CARBON MONOXIDE ORDINANCE The Building Department has submitted a draft of Ordinance 1, Series of 2009, Carbon Monoxide Detectors for review by the Snowmass Village Town Council (Attachment 1). Currently, the State of Colorado is reviewing for approval a draft of House Bill 1091, Carbon Monoxide Alarms, to be installed in Residential Properties. This act shall be known and may be cited as the "Lofgren Family Carbon Monoxide Safety Act". In light of this State legislation, the Chief Building Official recommends that the Town schedule Ordinance 1, Series of 2009 when an outcome is reached at the State level. Once the State legislation is enacted, the Town could amend as necessary. A significant difference between the draft ordinance and the State legislation is that the draft ordinance would require all residences (with gas appliances) to install Carbon Monoxide monitors within 6 months of the passage of the ordinance. The State legislation would require the installation of monitors for new construction and upon resale. NORDIC TRAILS PLAN The Snowmass Trails Committee and the Nordic Trails Council have implemented a plan for Snowmass's Nordic trails that addresses the various winter trail user needs. Conflict between winter trail users was a concern when the plan was presented to Council for adoption in 2008. These issues have largely been resolved through a letter of agreement between the Town and the Nordic Trail Council. But there are two issues that need to be addressed in the Nordic Trails Plan. The plan states that County personnel would be responsible for enforcement of trail rules in Snowmass. In addition, it states that development applications be referred to the Nordic Trails Committee for review. The Nordic Trails committee has stated that it will not amend the Plan to address these items. Staff has concerns about both of these issues and wanted two more weeks to see if a solution could be developed to address these concerns without amending the Nordic Trails Plan. COMPREHENSIVE PLAN UPDATE The Planning Commission met on February 11`h 2009 and voted to accept Chapters 1-9 as was presented to them at that meeting. The Commission will complete its review of Chapter 10—Actions and Implementation on February 18'h. They anticipate forwarding a resolution to the Town Council at that time. Summary of Ongoing and Pending Strategic Actions Last Updated — February 11, 2009 Staff Action Status Date to follow-up w/ Contact I I I Council Land Use Comp. Plan Comprehensive The Council and Planning Commission have March 2, 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 March 2, 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 March 2, 2009 approaches to tree protection. Staff has several ordinance examples available for Council. Trees on single-family lots are protected through the Snowmass HOA, which does regulate tree removal. Most PUDs in Snowmass have Landscape Plans that provide some level of protection from tree removal. Other Land Use Other Land Use Code Improvements should Code Issues also be considered with the completion of the Comprehensive Plan. Staff would recommend having a work session with Council to review potential code changes. Housing Housing Draw Site/Land 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 March 2, 2009 Department nexus study and can begin to work with the Town on a new housing policy. The Planning Council has asked Commission is also reviewing housing goals that this occur after as part of the Comp. Plan review. Staff will the PC completes schedule two agenda items based on the input review of Comp. Plan from Council on October 6 (these could be on or at least the the same dates)which would be 1) policy housing chapter. discussion to modify the current land use code related to affordable housing; and 2) a review of deed restriction policy. Joe C Natural Disasters On 11/3 Council asked that staff further March 2, 2009 Terri and Cost evaluate criteria for allowing some costs from Everest) Recovery in Deed property damage incurred by natural disasters Restricted For in deed-restricted homes to be recovered Sale Housing upon the resale of the home. Examples of criteria discussed included: cap on fecovery based on a % (percent) value of the home and requirements for comprehensive insurance. Bud-get/Finance Finance Monitoring Staff is carefully monitoring revenue and May 16, 2009 Department Revenue projected revenue by: Reviewing projected occupancy and Staff is also yield in the next 4 months in scheduling a meeting Snowmass Village with FAB 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 16, 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 E nvi ron me nt/Susta i n ab i t ity Jason Haber Review of REOP On October 20, 2008, Council passed a March 2, 2009 fee schedule motion directing staff to schedule this review for March 2, 2009. Jason Haber Environmental Staff will bring forward a discussion item March 2, 2009 Task Force regarding formation of an environmental advisory board or task force Other Projects Art Smythe Incident Invite Ellen to do a 1 hour overview of ICS for March 16, 2009 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. P:\MANAGER.XSC\Managers Report 09\02-17-09.doc 1 Attachment A DRAFT TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE # 1 SERIES OF 2009 AN ORDINANCE AMENDING THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE, SPECIFICALLY, CHAPTER 18, ARTICLE VIII, EMERGENCY ALARMS, TO INCLUDE PROVISIONS FOR CARBON MONOXIDE ALARM REQUIREMENTS WITHIN ALL DWELLING UNITS EQUIPPED WITH ANY FUEL-BURNING APPLIANCE OR HEATING SYSTEM. WHEREAS, carbon monoxide poisoning is the leading cause of accidental poisoning fatalities in America; and WHEREAS, hundreds of people are killed annually and thousands of people receive emergency treatment annually as a result of carbon monoxide gas; and WHEREAS, carbon monoxide poisoning constitutes a serious hazard in the Town of Snowmass Village and adults and children may die or become seriously ill as a result of its toxic effect; and WHEREAS, carbon monoxide gas is often the result of faulty or poorly maintained heating systems; and WHEREAS, Chapter 18, Article VIII of the Town of Snowmass Village Municipal Code provides standards for Emergency Alarms and their regulations; and WHEREAS, the Municipal Code for the Town of Snowmass Village does not provide for mandatory installation of carbon monoxide detectors and does not otherwise provide for protection from the dangers of carbon monoxide poisoning; and WHEREAS, recognizing that exposure to carbon monoxide, a colorless, odorless gas, can cause headaches, dizziness, nausea, faintness and, at high levels, death, the following regulations are enacted for the purposes of protecting the public health and safety of the residents of the Town of Snowmass Village by requiring operable carbon monoxide alarms in certain structures, thereby hopefully reducing the number of injuries and fatalities resulting from carbon monoxide poisoning. NOW THEREFORE BE IT ORDAINED that Chapter 18, Article VIII of the Town of Snowmass Village Municipal Code hereby is, amended to include carbon monoxide detectors, by the addition of Section 18-143.1 as follows: 18-143.1 Carbon Monoxide Alarms 18-143.1.1 Purpose and Scope a) To establish minimum life safety requirements for the installation of carbon monoxide detectors in all applicable residential occupancies within the Town of Snowmass Village. 18-143.1.2 Definitions a) Dwelling Unit--For the purpose of this Section, one or more rooms or areas, arranged for the use of one or more individuals, on a permanent or transient basis, for living or sleeping. b) Multi-Family Dwelling Unit--A building containing three or more dwelling units. c) Fuel Burning Equipment--Equipment that burns solid, liquid or gaseous fuel or a combination thereof. d) Enclosed Parking Area--For the purpose of this Section, a building or portion thereof, utilized for the parking of motor vehicles, which is less than 50% open to the outside air. e) Listed--A device that carries the listing of a nationally recognized testing laboratory approved by the Town of Snowmass Village Building Department. f) Adjacent--Those spaces that are directly above, below or next to: 1) Rooms or spaces containing fuel burning equipment or attached appurtenances, or 2) Enclosed parking areas. g) NFPA 720--Where referenced in this Section, NFPA 720, Standard for the Installation of Carbon Monoxide Warning Equipment in Dwelling Units. h) Smoke Barrier--A continuous membrane, or a membrane with discontinuities created by protected openings, where such membrane is designed and constructed to restrict the movement of smoke. i) UL 2034--Where referenced in this Section, UL 2034, Standard for Single and Multiple Station Carbon Monoxide Alarms. 18-143.1.3 One and Two Family Dwellings a)All new and existing one and two family dwellings shall be provided with listed carbon monoxide detectors where any of the following conditions exist: 1) Dwellings where fuel-burning equipment is installed or operated. 2) Enclosed parking areas attached to a dwelling unit. 3) Dwellings deemed necessary by the Building Official. 18-143.1.4 Multi-Family Dwelling Units a) All new and existing multi-family dwelling units shall be provided with listed carbon monoxide detectors where any one of the following conditions exist: 1) Dwellings where fuel-burning equipment is installed or operated. 2) Enclosed parking areas attached to a dwelling unit. 3) Dwelling units located adjacent to enclosed parking areas or rooms or spaces where fuel-burning equipment is installed or operated. 4) Dwellings deemed necessary by the Building Official. EXCEPTION: Dwelling units which are separated from enclosed parking areas or rooms or spaces where fuel-burning equipment is installed or operated by a complete and continuous smoke barrier. 18-143.1.5 Installation Requirements a) Carbon monoxide detectors required by this Section shall be installed in accordance with NFPA 720 and the manufacturer's recommendations. b)At least one carbon monoxide detector shall be installed on every level of a dwelling unit and in the immediate vicinity to, and be audible in, all sleeping areas located within the dwelling unit. If a fuel burning appliance is located within the sleeping room, a carbon monoxide detector shall be required within the sleeping room. c) At least one carbon monoxide detector shall be installed in all rooms or spaces where the fuel-burning equipment is installed or operated within the dwelling unit. Where the room or space containing the fuel-burning equipment is less than 50 square feet in area, such detectors shall be installed in the immediate vicinity of the room or space. d) In new multi-family dwellings, where the building is provided with a fire alarm system, carbon monoxide detectors located within rooms or spaces that are not part of the dwelling unit space shall be connected to the building fire alarm system. Such carbon monoxide detectors shall initiate a supervisory signal at the fire alarm panel and provide an audible alarm at the device upon detection of carbon monoxide. e) All multi-family dwellings, regardless of the number of units, where carbon monoxide detectors are required by this Section, shall make available upon request a carbon monoxide detector for the hearing impaired. In hotels and lodges, a sign indicating the available carbon monoxide detector shall be conspicuously located at the front desk. f) In new one and two family dwellings, new multi-family dwellings and new additions or renovated areas, carbon monoxide detectors shall be required to be provided with primary and secondary power. Multiple carbon monoxide detectors installed as per this Sub-section shall be required to be interconnected. g) Existing one and two family dwellings and multi-family dwellings affected by this Section shall be permitted to provide cord & plug connected or battery operated carbon monoxide detectors. Such detectors shall not be required to be interconnected or interfaced with the building fire alarm system. h) Existing one and two family and existing multi-family dwellings affected by this Section shall have six (6) months from the effective date of this Ordinance to comply with the requirements of this section for carbon monoxide detectors. An approved Certificate of Compliance shall be submitted to the Building Department by a pre-approved, authorized installer. Owner installed devices (battery or plug- in devices)will not require a permit but a completion inspection will be required from the Building Department. i) In every building that utilizes one main central location for the placement of fossil fuel power equipment, that is not exempted, one approved carbon monoxide detector must be installed in the room containing such equipment. Alarms shall be initiated to a monitoring agency or to an audible/ visual alarm located in a conspicuous place on the exterior. 18-143.1.6 Inspection and Maintenance of Carbon Monoxide Detectors a) The owner of a building shall be responsible for the installation, repair and/or replacement of required carbon monoxide detectors. b) Carbon monoxide detectors shall be tested and maintained in accordance with NFPA 720. 18-143.1.7 Exemptions a) A dwelling unit in a building that does not rely on combustion of fossil fuel for heat, cooking, ventilation or hot water and is not in close proximity to a source of ventilated carbon monoxide. b)A dwelling unit that: 1) Is heated by electric resistance heating elements; and 2) Is not connected by duct work or ventilation shafts to any room or space containing fossil-fuel utilization equipment; and 3) Is not in close proximity to any ventilated source of carbon monoxide. 18-143.1.8 Violations / Penalties It shall be unlawful for the owner, manager or agent of a structure to not comply with this Section. It shall be unlawful for any person to remove batteries from a carbon monoxide detector required under this Section or in any way to make inoperable a carbon monoxide detector. Any person(s)who shall violate a provision of this Ordinance, or shall fail to comply with any of the requirements thereof, shall be guilty of a misdemeanor, punishable as provided in the Town of Snowmass Village Municipal Code. 18-143.1.9 Effective Date This Ordinance shall become effective on April 1, 2009. 18-143.1.10 Severability If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED, by the Town Council of Snowmass Village on First Reading on upon a motion by Council Member the second of Council Member and upon a vote of in favor and opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda Coxon, Town Clerk APPROVED AS TO FORM: John Dresser, Town Attorney 5'h DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA MARCH 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: RESOLUTION NO. 5. SEREIS OF 2009 —EXPRESSING APPRECIATION TO DAN ALPERT FOR HIS SERVICE ON THE CITIZEN GRANT REVIEW BOARD Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution No. 5, Series of 2009 Rhonda Coxon.................................................Page (TAB--) Item No. 5: 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. 6: 2009 CONSTRUCTION LIMITATIONS Time: 15 minutes) ACTION REQUESTED OF COUNCIL: Jason Haber...................................................Page (TAB--) Item No. 7: ENVIRONMENTAL BOARD DISCUSSION Time: 20 minutes) ACTION REQUESTED OF COUNCIL: Jason Haber....................................................Page (TAB--) Item No. 8: RENEWABLE ENERGY OFFSET PROGRAM Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Jason Haber......................................................Page (TAB--) 03-02-09 TC Page 2 of 2 Item No. 9: HOUSING MITIGATION DISCUSSION Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Review employee generation from RRC & Assoc. & provide direction to staff on new housing mitigation for developers Russell Forrest.................................................Page (TAB--) Item No. 10: UPDATE ON LAND USE TOOLBOX TO ADDRESS RETAIL MIX, DEMOLITION AND TREE PROTECTION Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Provide direction to Staff as to whether policies should be implemented. Chris Conrad, Mark Kittle, Russell Forrest.................Page (TAB--) Item No. 11: NORDIC TRAILS PLAN Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Approve plan Hunt Walker....................................................Page (TAB--) Item No. 12: MANAGER'S REPORT Time: 10 minutes) Russell Forrest ..................................................Page (TAB--) Item No. 13: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB--) Item No. 14: APPROVAL OF MEETING MINUTES FOR:AND Page (TAB--) Item No. 15: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No. 16: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 4 hours and 5 minutes (excluding items 1-3 and 13 —16) 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 AGENDA TUESDAY, JANUARY 20, 2009 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council at 4:04 PM. on Tuesday, January 20, 2009. Item No. 1: ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler Arnold Mordkin arrived at 6:20 P.M. STAFF PRESENT: Russ Forrest, Town Manager; Hunt Walker, Public Works Director; Rhonda B. Coxon, Town Clerk; Chris Conrad, Planning Director; David Peckler, Transportation Director; Jim Wahlstrom, Senior Planner; Susan Hamley, MSE & GS Director; Marianne Rakowski, Finance Director; Jason Haber, Economic Resource Director; Lesley Compagnone, Public Relations; and Donna J. Garcia-Spaulding, Deputy Town Clerk PUBLIC PRESENT: Mel Blumenthal, Carolyn Purvis, Bob Purvis, Rick Griffin, Pat Smith, Ian Long, Joe Farrell, Joe Krabacher, Jim D'Agostino, Grant Meluis, Kirk Funkhouser, Justin'Maxwell, John Mele, Steve Sewell, Steve Alldredge, Dwayne Romero, Amy Myer, Scott Stenman, Don Schuster, and other members of the public interested in today's Agenda items. Item No. 2: PUBLIC NON-AGENDA ITEMS Nothing for discussion at this time. Item No. 3: COUNCIL UPDATES RFTA Meeting Council Member Wilkinson reported that RFTA is concerned about its budget and he requested that they look into a 10% budget reduction in its sales tax. RFTA is talking about cutting back on services if necessary. 01-20-09tc Page 2 of 11 Commendations for Snow Removal: Council Member Butler thanked the Town Manager and his staff for following up on the snow removal at employee housing locations. She received a wonderful letter from staff regarding the standards the Town has. Commendation for Groomers Butler commended the groomers who work so tirelessly during the night hours to groom our mountains. She further reported that she toured with approximately 20 people from the Florida Ski Counsel this past Sunday and the mountain was skiing impeccable. Winter Concert Series Butler commented that she hoped that many in the community partook of the winter concert series held at the Snowmass Village Chapel this past Friday evening. She reported that there were approximately 175 people present. She recognized Paul Dankers who worked so diligently in putting together the Winter Concert Series. Item No. 4: REVIEW OF COUNTRY CLUB TOWN HOMES RENOVATION Town Manager Russ Forrest provided Council with background information and explained that on October 1, 2007 staff received a memo from the deed restricted homeowners of Country Club Townhomes for help in paying for an approved Homeowner's Association special assessment. The Country Club Townhomes proposed, and are currently carrying out, an exterior renovation to all its dwelling units. The Town Council agreed to help pay for approximately 75 percent of the proposed special assessment. The Council also required that new energy efficient windows be installed as a condition of this financial assistance. Since that time, the Homeowner's Association has provided Council with a new cost assessment for the windows, due to the fact that the earlier proposal replacement was not energy efficient. Town Council, staff and Dave Harris, representative for the Deed Restricted Homeowners, discussed the particulars pertaining to the efficiency windows and determined that it has been difficult to find someone to do the job because of costs involved. After further discussion, the Council agreed to not hold the Homeowner's Association to the original requirement and obtain other bids from contractors to install the windows not to exceed $861,621.75, with 5% wiggle room and bring findings back to Council for review. The Town Manager will have flexibility to exercise his discretion and work together with Harris. Forrest stated that he could bring findings back to Council during the next Council meeting and clarified that Council does not want the windows installed if the bid goes beyond 10%. Item No.5: 2009 BUDGET CONTINGENCY PLAN Forrest provided Council with background information regarding the 2009 Budget Contingency and stated that, at the December 15, 2008 Town Council meeting, Council directed staff to implement the 10% Budget Contingency Plan and provide them with additional financial information for all three plans. Forrest stated that the primary goal of 01-20-09tc Page 3 of 11 today's meeting is to answer any questions that the Town Council may have relating to the Contingency Plan and to receive feedback on whether Town staff should implement the 15% or 20% Budget Contingency Plan at this time. Finance Director Marianne Rakowski stated that staff recommendation is to exercise the 20% Budget Contingency Plan immediately in order to stay ahead of the decreases in activity shown in the Economic Indicators and Occupancy Reports. Rakowski further recommends that this decision be re-evaluated during the months of May and June to determine if additional modifications are necessary. Town Council and staff discussed the major impacts to the community/guests with shuttle service, the Police Department and the Marketing Department for specific special events. Another category discussed is a salary freeze. Forrest reported that one employee position has been cut in the Town Clerk's Department; the front desk Receptionist position. He further stated that Council should be aware that in the 20% scenario all Council donations are reduced to zero from $10K, the Cultural Arts grant donations have been reduced to zero from $33K, the Health & Human Service donations have been reduced to $61 K from $87K and the Part-Time Residents Advisory Board has been reduced to zero from $51K. Council and staff then began a line-by-line discussion of the Budget Summary Report. Council directed staff to minimize the impact to full-time year-round employees and requested that the Finance Director provide them with costs involved for employee benefit packages including retirement, medical, dental, and vision. Mel Blumenthal Blumenthal, speaking on behalf of the Part-Time Residents Advisory Board (PTRAB), stated his concern with a reduction in the PTRAB budget. He stated that this Board has reduced their social functions and the budget covers reimbursement of communications of the monthly phone conference calls. Bob Purvis Purvis a member of the community, Member of the Marketing Special Events & Groups Sales Board and Chairman of the Planning Commission stated his observation of the proposed budget numbers. Purvis referred Council to the November tax collection, which is down 22.98% and stated that we should look at this in the context that the mountain was open four days in 2008 and nine days in 2009, which equals approximately a 60% reduction in days that were in season during November. He said If you look at the occupancy for December and year-to-date, you will notice that we always confuse occupancy percentage with percentage increase or decrease. If you look at December of 2007 at 46% and then December of 2008 at 40%, that is 6 occupancy percentage points down, which is a 15% reduction in actual guest population. And if you look at the 7% reduction on 44% for April through November of 2007, to 37% in 2008, that is about another 15% reduction, which ties more to the 13% reduction in shuttle ridership. When he looks at the chart, he sees November as a very slim month to do anything, but as he walks the streets he observes a 15% reduction 01-20-09tc Page 4 of 11 rather than a 20%. And there looks like $7.5Million in the contingency budget. Finally, Purvis requested a 15% reduction in the budget rather than a 20% cut. Purvis further shared another observation and stated that the Town Council was to have a hands-off stance when it comes to the timing of special events, rather that would be left up to the MSE&GS Board fiduciary responsibility. Dale Rand Rand, President of the Horse Ranch Association stated that Snowmass Village is in the hospitality business and urged Council to keep the Marketing Department funds at a level that they would still be able to promote our community's hospitality services and continue to be competitive. As for the elimination of Route 8 from the Transportation services, he requested that this cut not be allowed. The Rodeo lots are not adequate to service this community during February and March. He stated that "You can't starve yourselves into prosperity, let's start cutting the fat." Rick Griffin Griffin, Chairman of the Financial Advisory Board, stated that he understands we have a rainy day fund and cuts now are tough but cuts later could be very drastic. He announced that the FAB will have a special meeting to discuss implementation of whatever Council decides tonight. Joe Farrell Farrell, Melton Ranch homeowner, stated disapproval of Route 8 being cut. He explained that there are a lot of residents in Melton Ranch as well as in Horse Ranch who use Route 8 services and urged Town Council not to cut it. Town Council and staff then began the process of amending the types of cuts/reductions and determined that they would cut everything staff recommended in the General Fund, revisit the 4 full-time seasonal positions for summer time and keep our services. Mel Blumenthal Requested that the Granicus and Grassroots Television services not be cut. The Town Manager Russ Forrest stated that Grassroots Television has requested funds from the Town and they will continue to receive what the Town has budgeted. Town Public Relations Director, Lesley Compagnone, stated that the impact of this is a reduction in the number of times they film "special" meetings, which has been reduced from 24 to 6. Compagnone explained that special meetings would include televised meetings such as Planning Commission, PTRAB meetings, Comprehensive Plan public meetings, etc. The Town didn't come anywhere near using the 24 special meetings last year and we do not pay for air time. After further discussion, Markey Butler made a motion to approve staff recommendation as amended and to implement the 20% Contingency Budget Plan for the General Fund, Marketing & Group Sales cut to 15% immediately, leave in the bus routes and a re-visit 01-20-09tc Page 5 of 11 meeting with the FAB. Seconded by John Wilkinson. The vote was approved by 4 in favor and 0 opposed. Council Member Mordkin had not yet arrived. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. NOTE: Town Council took a 15-minute break at this time. Item No. 6: CONTINUATION OF PUBLIC HEARING - SNOWMASS CENTER Senior Planner Jim Wahlstrom provided Council with an update on what has occurred to date with the Snowmass Center. Wahlstrom stated that the Public Hearing for this item was previously continued from October 20, 2008 to the January 20, 2009 Council Meeting for an on-going review of the Preliminary Plan. He further reported that the Applicant is once again requesting a continuance to the Public Hearing at this time. Wahlstrom stated that since the initial public hearing was scheduled on February 21, 2006, and because there have been lengthy public hearing continuances in the past, staff recommends that Council consider closing the public hearing. However, considering that the Applicant submitted a fourth amendment on October 1, 2008, then recalled the application amendment for the purpose of updating it in response to comments received at the October 20, 2008 public hearing, the Applicant requests additional time mainly due to outside influences involving the financial markets. In addition, amendment requests need to be considered during the public hearing. Therefore, Wahlstrom stated that Council may consider granting the request for another continuance of the public hearing provided that the Applicant has satisfactorily justified good cause shown for granting a continuance. Staff recommends that the public hearing be continued to an appropriate time when an amendment could be considered in full. Dwayne Romero, Related WestPac Representative explained that allowing them to continue the public hearing to June 15, 2009, allows them to focus on higher priorities at hand. The additional time will result in a better understanding of the global economic situation and its associated impacts to the real estate markets within Snowmass Village. It is important that Council and the community comprehend these impacts prior to evaluating the proposed amendment to the Snowmass Center Redevelopment Plan. Council Member Markey Butler made a motion to approve continuance to June 15, 2009 with the understanding that there be no more continuances, seconded by John Wilkinson. Planning Director Chris Conrad, staff and Council then discussed in detail the effects of Code amendments in conjunction with the Comprehensive Plan changes and Council acceptance of the 4`" Amendment and review standards. Mel Blumenthal Blumenthal cautioned Council with regard to the Code amendments, that the process not start all over again. It should be subject to all the new Code changes. 01-20-09tc Page 6 of 11 After a lengthy discussion, Council Member Markey Butler made a motion to approve continuance to June 15, 2009 with the understanding that there be no more continuances, seconded by John Wilkinson. The vote was approved by 4 in favor and 0 opposed. Council Member Mordkin had not yet arrived. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. Item No. 7: FIRST READING OF ORDINANCE NO. 2, SERIES OF 2009 Senior Planner Jim Wahlstrom provided Council with background information and stated that this meeting is for the purpose of beginning a review of the proposed changes in Building 8 via a Minor PUD amendment, application dated November 18, 2008 in conjunction with considering First Reading approval of Ordinance No. 2, Series of 2009 pursuant to the Municipal Code Section 16A-5-390, Amendment of Final PUD. Wahlstrom stated that Building 8 is proposed on Lot 3 of the Base Village PUD Final Plat and generally situated toward the southeast of the intersection of Wood Road and Lower Carriage Way. He further stated that the purposes of today's meeting are to: conduct a detailed review of the proposed changes in Building 8; consider the comments and recommendations of the Town staff; consider the comments and recommendations of the Planning Commission per the attached Resolution No. 5, Series of 2009; and consider review and action on the First Reading of Ordinance No. 2, Series of 2009, which may be amended during this meeting. Related WestPac Representative Dwayne Romero stated that they heard the message from Council concerning getting serious about their commitments to transit and connectivity, more specifically toward vertical conveyances to the plaza, continued momentum and progress to all public benefits. NOTE: Council Member Mordkin arrived the Regular Town Council meeting at 6:20 P.M. Dwayne Romero and Scott Stenman provided Council with a PowerPoint presentation depicting the project's bathrooms, public lockers, elevation, tower element, roof plan, floor area ratio, escalators, employee housing mitigation methodology, skier services, vacant un-entitled space, building height, landscape plan, clinic staging area, emergency access drive, timing and level by level site plan, which the Applicant and Council discussed in detail. The Applicant committed to providing the Town with a $2Million bond that Town Council may activate in the event that the Applicant does not complete its obligations. To further backstop that bond, the language specifies that a Certificate of Occupancy (COO) on Building 8 is contingent on the vertical circulation on the completion of Building 7. Not only will the Town have a bond but they also have a COO that they can hold on Building 8 to make sure that the vertical conveyance is completed. The Applicant further added a 01-20-091c Page 7 of 11 commitment stating that Building 7 would be the next building in the phasing plan to get a final COO, after Building 8 and Building 136. Town Council, applicant and staff then reviewed plans for Building 7. Reed Lewis requested that the Applicant fix some public amenities, such as an escalator that actually works. Stenman reported that the two elevators can move 500 people per hour in one direction and the escalator can move 4,000 people per hour. Council directed the Applicant to provide them with a design plan that aesthetically improves the appearance of the Arrival Center; a functional heated Transit Center; an office space for employees; striping of the aisles; proper signage along Carriage Way; air handling of delivery vehicles; lighting; development of an Intergovernmental Agreement between the Metro District and the Town; the right to use, operate and control the transit space; public lockers; two elevators; and an organized plan for Council to review during the February 2"d Town Council meeting. Council directed staff to arrange a site visit in the next few days. Mel Blumenthal Blumenthal commented that the Applicant's commitment to a facade is a major factor in making this look like it is a complete front row and hopefully it won't be too long. It has to last a while and is critical that the Applicant bring a design of the facade back to Council to review. Pat Smith Smith, President of Related WestPac, stated he believes that we have made a lot of strides tonight and one point that is very important to stress is that they are looking at Building 8 with guarantees to Council that they are putting their best foot forward. They have heard Council's concerns loud and clear on Building 7. He feels that Related went a long way with the clinic and believes that between now and Second Reading they can deal with the facade issue and will make sure that Council and staff are happy with it. At the same time they are looking at some tough times in the lending situation and are requesting room that will allow them to move on. He agreed that we need to solve Building 7 issues. The Town Council and staff then began a line-by-line process of working through the ordinance making amendments and corrections. After a lengthy discussion, John Wilkinson made a motion to approve First Reading of Ordinance No. 2, Series of 2009 as amended, seconded by Markey Butler. The Deputy Town Clerk Donna Spaulding conducted a roll-call vote and the vote was approved by 4 in favor and 1 opposed. Reed Lewis was opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Arnold Mordkin, and Markey Butler. Voting Naye: None. NOTE: Council took a 10-minute break at this time. 01-20-09tc Page 8 of 11 Item No. 8: PUBLIC HEARING SECOND READING OF ORDINANCE NO. 17, SERIES OF 2008 Mayor Bill Boineau opened the Public Hearing at 8:40 P.M. Planning Director Chris Conrad provided Council with background information and stated that Council received First Reading of this ordinance on December 15, 2008. At that time the ordinance was amended and direction was given to staff that additional employee housing requirements for the modifications made to Building 13A as approved by Ordinance No. 4, Series of 2008, and this Minor PUD amendment for Building 13B, be provided within Lot 8 (Building 13A) and/or Lot 9 (Building 13B). Conrad referred Council to packet page 103 depicting the Applicant's amendment to convert a studio unit within Building 13A to create the additional employee unit. Conrad referred Council to packet page 95 Employee Housing calculations and stated that all the mitigation housing required for Building 13A/B be satisfied by Ordinance No. 17, Series of 2008. Applicant Scott Stenman reported that, on January 15, 2009, Related WestPac submitted a letter identifying a solution to the additional 559 square feet (sf) of Employee Housing (EH) required for Buildings 13A and B, including a need to reduce the unit count of their market rate inventory by the one unit that will become an EH unit. This reduces the EH requirement. In Building 13B the second floor they propose converting the A10 studio unit type to EH currently 432sf enlarged to 448sf minimum requirement and redesigned to provide required amenities. They will have 25 studios versus 14 approved; and the 35sf of additional required EH will be achieved by enlarging one or more of the existing EH units in Building 13B, with a corridor along the units of approximately 7' wide and relocating the EH unit demising wall into the corridor to increase the EH unit size by a minimum of 35sf. Stenman referred Council to packet information depicting two floor plans on pages 103 and 104. Stenman and Wilkinson discussed reducing the corridor from 7' to 6' wide and reviewed the PowerPoint site drawings. Stenman stated that their preference would be to move the entrance closer to the corridor. Council Member Reed Lewis, Don Schuster and the Applicants discussed the Condominium Documents for Building 13B. "Share of Common Expenses" allocated to each EH unit in Building 13A and/or Building 13B shall be 50% of the share, otherwise attributable to such EH as calculated in accordance with the assessment formula set for in the documents pertaining to the free market units. After further discussion Lewis stated concern with the EH becoming unaffordable at the tune of$3,500 per month. Town Council, Staff and the Applicant began the process of reviewing the ordinance line-by-line making amendments and corrections. After a lengthy discussion, Deputy Town Clerk Donna Spaulding conducted a roll call vote with 4 in favor and 1 opposed. Council Member Lewis was opposed. 01-20-09tc Page 9 of 11 Voting Aye: Mayor Bill Boineau, John Wilkinson, Arnold Mordkin, and Markey Butler. Voting Naye: None. Mayor Bill Boineau closed the Public Hearing at 9:35 P.M. Item No. 9: MANAGER'S REPORT No discussion at this time. Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING BYOB - Concert Nights Reed Lewis requested that staff investigate if there is a legal way to reinstate the "Bring Your Own Booze" alcohol to the concert nights much like is done at the Botanical Gardens. Mayor Boineau stated his disapproval of allowance of BYOB, since it goes against the State of Colorado Liquor Code. The Town allowed it in the past because they were not aware that it was illegal and Boineau stated that it is not appropriate to bring it back especially since teenagers were getting drunk because of it. He stated that the sale of drinks at the mall are affordable for patrons to purchase and would be good for businesses. The Snowmass Police Department did experience problems related directly to the BYOB allowance. The Mayor directed staff to invite the Local Liquor Authority to participate in these discussions. Arnold Mordkin clarified that the consumer would be in violation if they decided to bring their own booze not the Town. He stated interest in looking into reinstatement. John Wilkinson stated his fear of perhaps knowingly ignoring the law therefore putting the Town and himself as a councilman at risk of violating State Law and "He is not going to put himself in that position but if there is a way of getting around it in a legal manner I'm willing to look at it." Item No. 11: APPROVAL OF MEETING MINUTES FOR DECEMBER 1, 2008 AND JANUARY 5, 2009 Lewis requested a correction to Scott Stenman's name from Stedman on page 2 of the December 1, 2008 Minutes, as well as to page 4 of the same Minutes to paragraph two to read as follows: Council Member Lewis requested that the people who work with GPS systems make Snowmass Village road signs available by GPS. That would help direct delivery trucks, such as Federal Express and UPS to their destinations with ease. He further directed staff to include the Conference Center on signage. Wilkinson requested a correction to Eban Clark's name from Evan Clark throughout the December 1, 2008 Minutes. 01-20-09tc Page 10 of 11 There being no further discussion, John Wilkinson made a motion to approve as amended both meeting minutes for December 1, 2008 and January 5, 2009, seconded by Reed Lewis. The vote was approved by 5 in favor and 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS RFTA Board Retreat Wilkinson reported that RFTA will be conducting a Board Retreat on March 12, 2009 and he will be on vacation with his family and requested a fill in of the RRTA Board alternate. No Smoking Signs Wilkinson stated that he is very pleased with the positioning of the No Smoking signs at the lifts. Pitkin County Land Fill Mayor Boineau reported that the Pitkin County Land Fill is increasing its fees, as well as increasing fees for dropping tires off. He reported that the Town has a tractor trailer that picks up tires at the dumpsters because of this fee. He inquired of staff how to go about implementing an ordinance making the owner of the old tires responsible for disposal of the tires. He further requested of the community at large to report incidents of tire dumping to the Snowmass Village Police Department. Reed Lewis requested that staff investigate implementation of a day for the community to get rid of these and other hazardous items, such as old paint. Carbon Monoxide Mordkin requested implementation of a carbon monoxide ordinance mandating the community to install carbon monoxide detectors. He further requested that this ordinance be placed on the February Agenda for discussion. There being no further discussion, Reed Lewis made a motion to convene to Executive Session, seconded by Wilkinson. The vote was approved by 5 in favor and 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Item No. 13: EXECUTIVE SESSION 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 01-20-09tc Page 11 of 11 Snowmass Village Municipal Code Section 2-45(c)(5); and Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); At 9:48 P.M. Reed Lewis made a motion to reconvene the Regular Town Council Meeting, seconded by John Wilkinson. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Item No. 14: ADJOURNMENT At 9:49 P.M. Reed Lewis made a motion to adjourn the Regular Town Council Meeting, seconded by John Wilkinson. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Respectfully submitted by: Donna J. Garcia-Spaulding, CMC Deputy Town Clerk SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES MONDAY, MARCH 19, 2007 CALL TO ORDER Mayor Mercatoris called to order the Regular Meeting of the Snowmass Village Town Council on Monday March 19, 2007 at 4:05 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. COUNCIL MEMBERS ABSENT:All council members were present. Russ Forrest, Town Manager; John Dresser, Town Attorney: Jim Wahlstrom, Senior Planner; Chris Conrad, Planning Director; Rhonda B. Coxon, Town Clerk; Bob STAFF PRESENT: Nevins, Town Planner; Jason Haber, Economic Resource Director; Kathleen Wanatowicz, Public Relations Director; Joe Coffey, Housing Manager; Hunt Walker, Public Works Director Catherine Lutz, Brad Barker, Michelle Sherlock, Thomas Sherlock, Bill Boineau, Chris Stafford, Dennis Burns, Greg Wallace, Steve Alldredge, Elizabeth Morse, Greg Rulon, Gus Oliver, Bob Bateman, Jeff Sivess, Chuck Meola, Bob Purvis, Matthew C. Owen, Julie Schopper, PUBLIC PRESENT: Tom Rockwell, Barbara Bakios-Wickes, Kay Honigman- Singer, Tom Rockwell, Jason Schneider, Mark Hogan, Sherry Flack, LC Chambers, Dave Chambers, Don Schuster, Carey Shanks, Jeff Johnson and other members of the public interested in today's Agenda items. Item No. 2 RESOLUTION NO. 15, SERIES OF 2007 -APPOINTMENT TO CITIZEN GRANT REVIEW BOARD Sally Sparhawk made the motion to approve Resolution No. 15, Series of 2007. Reed Lewis seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. Mordkin was opposed and Wilkinson abstained. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, and Reed Lewis. 03-19-07tc Page 2 of 9 Voting Naye: Arnold Mordkin Abstained: John Wilkinson Council Member Wilkinson abstained as his wife Lisa Wilkinson is the applicant. Council Member Mordkin opposed as he feels no spouse of any Town Council member should serve on a town board. Item No. 4 PUBLIC NON-AGENDA ITEMS Steve Alldredge from the Snowmass Sun asked if we have followed up with the Snowmass Water and Sanitation Board after the joint meeting. Bob Bateman resident of Snowmass Village is concerned that the Village shuttles have their exhausts pointed down and blowing dust when driving through the Center which blows up dust throughout the Center. Barbara Wicks owner and operator of Sundance Drug and Liquor spoke to the closing of the pharmacy. She read a letter into the record. Kay Honigman-Singer a Snowmass Village resident inquired of the Town Council if the pharmacy is considered a community benefit. She also addressed the issue of Pat Smith from Related WestPac and the sugar coating of the issues regarding a monopoly within the Town of Snowmass Village and the private market. Item No. 5 COUNCIL UPDATES There were no Council updates at this time. Item No.3 REVIEW OF THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD'S PROGRAM FOR THE 2007 SUMMER CONCERT SERIES Town Manager Russ Forrest began the discussion. He stated the staff appreciates the community's concern and the importance of this event to the community. Town Attorney John Dresser said the state statute addresses the public consumption not the open container law. Our Municipal Code is superseded by state law which means we as a Municipality cannot suspend state law to allow public consumption. The Police Officers of this town take an oath to uphold the statues of the law. Susan Hamley spoke to the decision. It is illegal to have the BYOB policy and we are working to still provide a wonderful event but to have it be a legal event. David Chambers owner of Goodfellows Pizza, feels this is competition with his sales and why can't one of the bars in business expand their liquor license. He is against another bar in the area or on the site. Greg Rulon Snowmass Resident inquired why we are the only ones in the valley that seems compelled to enforce this law. 2 03-19-07tc Page 3 of 9 Jeff Johnson Snowmass Village Resident inquired about the process for this decision and why was it decided in an Executive Session. What about the second homeowner who wants the finer bottle of wine. Maybe we should contact our state representative that lives right here is Snowmass Village. Bard Barker Snowmass Village Resident stated the lines will start with traffic to get here, a line to park, and now a line to check bags and a line to get a drink. He feels this will turn common people into criminals bringing in their preferred choice of alcohol. Matt Owens_ a three year resident of Snowmass Village has heard of the complaints regarding fights and under age drinking and he feels the Town of Snowmass Village is using the state law a way out due to the fights and under age drinking. Sherry Flack Snowmass Village Retailer thinks that the law hasn't changed and that Snowmass Village is trying to get rich off the law. Rick Neeley former Snowmass Village resident, now lives down valley, feels this is not the proper interpretation of the law and he would hate to see the loss of BYOB. He also feels this should go to the state legislature. Council Member Arnold Mordkin assured the public that this decision was not made by Town Council in an Executive Session. What we have is a state law that a person may not consume alcohol in a public place. A violation by the statute is a petty offence by fine. The police officers are not directed to violate the law. Enforcing the public consumption law is not as important as under age drinking and over consumption and other crowd control issues. He feels the real trouble will begin when the Town obtains a license and then become liable. Council Member John Wilkinson stated that the Marketing and Special Events board could set policy for all programs and events. He stated that the Town Council was only to be involved overseeing the budget. He asked about the consequences if we choice to ignore the statute. He would like the Chief of Police to address at later time. Mayor Mercatoris stated this summer concert series is very near and dear to him and he appreciates the staff trying to make the event legal and as painless as possible and this is now a Marketing and Special Events department. As Mayor of the Town of Snowmass he took an oath and he would never suggest that the Police Department look the other way for anything illegal. He supports the staff decision in this matter. Council Member Sally Sparhawk expressed her discontent with the law but feels we must abide by it. Council Member Reed Lewis stated the law said Public places and this is on Private property. How does the attorney does interpret this? He does not feel it appropriate for the Town to be in the alcohol business. He feels there should be continued discussion and in the mean time he encourages people to break the law as they can't arrest us all at the same time. Marketing Director Susan Hamley stated her commitment to offer a selection of beer and wine and she will take all suggestions into consideration when finalizing the event and the permits. 3 03-19-07tc Page 4 of 9 Steve Alldredge of the Snowmass Sun stated he takes great issue about the comments made by Council Member Mordkin about the Snowmass Sun reporting of this matter. Kay Honigman-Singer stated this will highly impact the local businesses and this is steam rolling out of control. She feels the law and statute is all open to interpretation. Jeff Sivess Snowmass Village Resident stated this is a wonderful event and let's not jeopardize the event. Let's look into this further. He feels that the incidents are happening after the event on the hill not during the event and that's when we should enforce the law. Bob Bateman Snowmass Village Resident lets work through this and work things out. Appreciates the clarification from Town Council regarding this issue. Sherry Flack Snowmass Village retail owner we are not liable now but if we change we will be liable. Dennis Burns a Snowmass Village resident spoke to the waiting in lines and people with kids are now going to have to wait in lines to have bags checked. Jeff Johnson Snowmass Village Resident would like to see more security and will be behind Council Member Mordkin and Lewis and protest they can't arrest them all and he also suggested deny the special events permit. Matt Owens a Snowmass Village resident feels no matter what happens he feels security should be increased. Brad Barker a Snowmass Village resident thinks we will see an increase in people drinking prior to the concerts and this will not be a safe situation for anyone. Joe Farrell Snowmass Village Resident stated that there have been three other legal opinions stated tonight and would like the Town Attorney to talk with these people for conclusion regarding the law. Town Council took a 10 Minute break at this time. Item No. 6 FIRST READING - ORDINANCE NO. 06, SERIES OF 2007 - AN EX-OFFICIO MEMBER OF THE MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD Arnold Mordkin made the motion to approve first reading of Ordinance No. 6, Series of 2007 regarding an ex-officio member of the Marketing, Group Sales and Special Events Board. Mayor Douglas Mercatoris 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. Voting Naye: None. Item No. 13 ENTRYWAY SIGNAGE CONCEPTS Public Works Director Hunt Walker noted that over the past month, Leslie Bethel, Julie Findley- the Town's sign consultant from Esse Design - and he have been meeting with various Town Departments to receive input on the Entryway signage plan. Initially the scope 4 03-19-07te Page 5 of 9 of work for the Entryway signage only included the signs located within the Entryway project area. The scope was expanded to include the signs on Brush Creek Road from Highway 82 to the Entryway. It became apparent that all the signs on Brush Creek Road, those at the Entryway, and possibly, a new sign at the Wood Road/Brush Creek intersection need to work together to convey the correct way-finding information to the traveling public. The signs need to address the needs of a variety of users, including, but not limited to, day skiers, lodge guests, employees, residents, vendors, maintenance personnel and contractors. He stated the purpose of today's meeting is to receive feedback fro the Town Council on sign design and communication. Julie Findley presents a PowerPoint presentation with the signage design and layout. The design is bronzed steel face with copper lettering with aluminum lettering. Council Member Mordkin stated that Pitkin County has to approve any changes to signs in its jurisdiction. Council consensus was for consistency of the design throughout the Village and to leave the welcome sign in the current location and the current design. The Town Council liked the bronzed steel face with copper lettering. Council also had a lengthily discussion on the location of the signs. Item No. 7 TRANSIT CENTER NEEDS ASSESSMENT AND FEASIBILITY REVIEW Transportation Manager David Peckler stated the Need Assessment and Feasibility Study NAFS)will be submitted to the Federal Transit Administration upon Council review. This is an FTA requirement for federal funding under Joint Development guidelines. He noted bound books are provided and in the packet is a compete review of the study and work on the Mall Transit Station to date. Item No. 8 RESOLUTION NO. 14, SEREIS OF 2007 - AMENDED AGREEMENT WITH URBAN INNOVATIONS Transportation Manage David Peckler noted staff is asking Town Council to approve the Amending Agreements to the original agreement dated June 8, 2006 between the Town and Urban Innovations, INC. The original agreement outlined tasks to be completed as part of Phase II of Urban Innovations, INC process to develop a Joint Development project for the Mall Transit Station. The Amending Agreement lists five new tasks to be completed. The amending Agreement adds $40,000 to the original agreement. This cost will be divided between the Town and Related WestPac. John Wilkinson made the motion to approve Resolution No. 14, Series of 2007 amending agreement with Urban Innovations, INC Sally Sparhawk seconded the motion. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. Arnold Mordkin made the motion to amend the language to state the Town will pay $20,000 and the private sector will cover$20,000. Mayor Douglas Mercatoris seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 5 03-19-07tc Page 6 of 9 Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. Council Member Wilkinson volunteered to represent Town Council as part of the election committee for the Request for Proposal. Item No. 9 PUBLIC HEARING - RESOLUTION NO. 06, SERIES OF 2007 - ARCHITECTURAL PLAN REVIEW Planning Director Chris Conrad stated IntrawesUBrush Creek Development Company LLC Applicant) has submitted the final architectural plans for Building 13B to receive an architectural plan review in accordance with the Planning Director Review Procedures set forth in Ordinance No. 21, Series of 2004 (Base Village Final PUD). Mayor Mercatoris opened the Public Hearing at 6:40. There being no Public Comment the Public Hearing was closed at 6:41 p.m. and the Mayor noted he would take Public Comment throughout this discussion. Mayor Douglas Mercatoris made the motion to approve Resolution No. 06, Series of 2007 architectural plan review for Building 13B. Sally Sparhawk seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Douglas Mercatoris, Reed Lewis, John Wilkinson, and Arnold Mordkin. Town Council took a 5 minute break at this time. Bob Kauffman, representing the applicant, reviewed with the Town Council the final architectural plans for Building 13A and B. Item No. 10 PROPOSED ADMINISTRATIVE MODIFICATION TO THE BASE VILLAGE CONSTRUCTION MANAGEMENT AND PHASING PLANS Planning Director Chris Conrad stated that Related WestPac, LLC has applied for an Administrative Modification to the Base Village Construction Management and Phasing Plans to incorporate the April 2007 through November 2007 infrastructure improvements discussed with Town Council on February 26. The applicant has determined that it is necessary to focus their construction efforts on the placement of infrastructure within, across or approximate to Lower Carriage Way, Wood Road and Brush Creek Road and commencing landscaping, re-vegetation and bridge construction as more fully described within the attached "Exhibit A" of the resolution with the packet. The overall time frame for other development within the Base Village project had to be adjusted accordingly. "Exhibit B" of the resolution identifies certain road closures or delays that will need to occur in order to effectively construct the subject infrastructure improvements. It should be noted that the 6 03-19-07tc Page 7 of 9 proposed amended text includes reference to the Town CCIMP and incorporates some of its draft provisions. Staff has no objection to these amendments. Conrad also noted that he has a draft Record of Decision for review by Town Council. Conrad made changes on page 49 and 50 and is comfortable with the rest of the document. Item No. 11 RODEO PLACE PHASE I HOME PRICES & DESIGN REVIEW Housing Manager Joe Coffey introduced Pete Weber and Dan Rotner of Coburn Development; they presented the proposed first phase of homes for Council review. We have some new home designs to review mixed with some home designs Council has seen before. The proposed first phase of construction consists of four duplex units, five small homes, five medium homes and one large home for a total of 11 single family homes and four duplex units. Of these designs, we have completed pricing on a total of 9 single family homes. He stated they are still working on pricing for the four duplex units and two of the single family homes in an effort to provide the best cost/benefit scenario. Weber reviewed the houses and noted that per Town Council direction from a previous meeting, energy efficiency is being given top priority. The homes will have Icynene (foam insulation) in the walls, baseboard hydronic heat, high efficiency boilers (92% efficiency) with programmable set back thermostats, dual flush water saving toilets, energy star light fixtures and appliances, and whole house air circulation fan. A solar assisted domestic hot water system is being considered for each home. The $90,000 energy efficiency grant funds received from CORE will be applied to reduce the sales price of these homes. Public Comment: Bob Hollenbeck a Snowmass Village resident asked about any credits for solar panels in the future. Jeremy Assalone a Snowmass Village Resident questioned the difference between the medium homes and why the small houses have bigger closets than the large and medium houses. He also asked if there would be upgrades offered to the buyers. Assalone inquired about the lottery. Dennis Burns a Snowmass Village resident spoke to the size of the closets and the kitchen space. He also questioned the difference in the pricing from the small to medium and medium to large house. Rotner responded the difference is the square footage between one and two story houses. Rhonda Coxon a Snowmass Village resident stated that the Daly Townhomes two bedrooms do not have a coat closet or a linen closet and please do not make the same mistake with these homes. Maude Lobe a Snowmass Village resident inquired when the lottery would take place and when there will be prices on the large homes. Town Council Comments: Council Member Wilkinson asked about the life expectancy of solar panels, and in the 7 03-19-07tc Page 8 of 9 duplex units is it possible to flip flop the bedrooms so the common wall is not head board to head board. He also asked that the Homeowner Association documents state the homeowner is responsible for the irrigation and lawn and some language that prohibits converting a garage into something besides a garage. Council Member Lewis would like the Town to finish as many basements as possible and he would like to see the outer road go away and make it open space. Mayor Mercatoris agrees with finished basements not making it an option. Council Member Sparhawk would like us to address the closet space, and set lottery date. Mordkin would also like to keep the project moving and set lottery date when housing department is able. Housing Manager Joe Coffey will come back to Town Council in the near future with additional pricing and a lottery date. Item No. 12 CONTINUATION OF PUBLIC HEARING AND DISCUSSION- CLUB COMMONS II EMPLOYEE HOUSING At 9:02 p.m. Mayor Mercatoris opened the Continuation of Public Hearing. There being no Public Comment, Senior Planner Jim Wahistrom reviewed with Town Council at the initial public hearing on March 7, 2007 each Council Member provided an overview of their main concerns, which he as summarized in Attachment 6 in today's packet. Attachments 7 and 8 are the applicants responses to those concerns. Don Schuster from the Aspen Skiing Company is going to have communication with Water and Sanitation to discuss the three or four store building and the underground parking. The applicant will then amend the application and bring it back to the Council for discussion. In consideration of the hour Mayor Mercatoris continued the Public Hearing for this item to April 16, 2007 Regular Town Council Meeting. Council Comment: Mayor Mercatoris noted that the current Sinclair Meadows floor plans show one bath and he suggest that we take a look at this. He was not aware of only one bath and suggested at least a bath and a half. Item No. 14 MANAGER'S REPORT Construction Management Coordination /Traffic Control Intercept Lot transportation provided by Ski Co. Construction Management Town Manager Russ Forrest stated staff is beginning to spend more time meeting in regards to the Construction Management in the areas of traffic control and have hired a contract full time Construction Manager Dave Shepherd. Mayor Mercatoris noted that Tuesday, April 10th at 9:30 a.m. is the Town Council retreat and it should be listed on the Town Council packet calendar. Item No. 15 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS 8 03-19-07tc Page 9 of 9 Council Member Lewis would like to congratulate the Snowmass Center for cleaning up the rocks and dirt and finally filling the pot holes. Council Member Wilkinson spoke to the Brush Creek trail being closed until May 10`". Pitkin County will only be able to maintain it twice a year and he would like to use our sources to maintain this trail more than twice a year. He would also like to recreate the Hatch property as part of our heritage. Council consensus was to keep this building if at all possible. Council Member Mordkin would like to see the horse coral put back up that was taken down by the utilities and it should be put back up. Council Member Mordkin noted there is a lot of gravel on the intersection of Carriage Way and Wood Road that needs to be cleaned up. Also on Wood Road and the intersection of the new bridge are very large pot holes that need to be filled. He did not get a satisfactory answer about the location of the construction trailer at Brush Creek and Wood Road. Item No. 16 ADJOURNMENT At 9:23 p.m. Mayor Douglas Mercatoris made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on March 19, 2007. 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. Voting Naye: None. Submitted By, Rhonda B. Coxon, Town Clerk 9 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 Groundhog Day Town Council Meeting 4:00 p.m. 8 9 10 11 12 13 14 Lincoln's Valentine's Day Birthday 15 16 17 18 19 20 21 President's Day Town Council own Off(ces Closed Meeting 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 M r 15 16 17 18 19 20 21 Town St. Patrick's Spring Council Day begins Meeting 4:00 p.m. 22 23 24 25 26 27 28 29 30 31 11 • CE111M rRELATED FEB 11 X09WESTPAC Wawaaa VIROW comMWIN D wloynNnt BASE VILLAGE MINOR AMENDMENT SUPPLEMENTAL INFORMATION BUILDING 8 f 9,. y s Submitted February 6, 2008 February 2009 Amendment to Application for Minor Amendment to the Base Village PUD RELATED WESTPAC February 6, 2008 Chris Conrad Planning Director Town of Snowmass Village PO Box 5010 Snowmass Village,CO 81615 RE:Building 8 Minor Amendment—Supplemental Package Dear Chris, The Applicant is respectfully requesting an amendment to the Building 8 minor PUD amendment in accordance with Section 16A-5-340 of the Land Use Code. The proposed amendment provides supplemental information based on the Planning Commission and Town Council's review of the application and further clarifies information in the original amendment. The amendment request consists of the following information: L. Development Agreement—The proposed Development Agreement solidifies Related WestPac's commitment to providing an Interim Building 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,construction schedule and cost estimate of construction. The details of the plan will be reviewed in a minor PUD application specifically for Building 7 which will be submitted within the next month. Then at a later date the developer will have a subsequent submittal for the review and approval of the permanent Building 7. 2. Transit Center& Metro District Memo—The memo Included in the supplemental package addresses the relationship and responsibilities of the metro district with respect to the transit center. The memo references several agreements which have been submitted to the Town Attorney. These additional agreements are available as requested. 3. 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 132 West Main Street, Suite A,Aspen, CO 81611 970)544-0620(t) (970)920-3384 (1) I r RELATED- W ESTPAC signed letter from Snowmass Wildcat Fire District and Aspen Skiing Company confirm their approval of the plan. 4. 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 additionaj,employee bedrooms within Building 8 for a total of 1,497 square feet. The additional 58 square feet will be counted toward the overall mitigation requirement for Base Village. The revised floor plan for the P2 level replaces page 18 of the original 11x17 notebook. S. 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. .. 6. 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. 7. 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. 8. 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 Floor Area for Building 8 Proposed in the Minor Amendment=95,839 sq ft 95,839 sq ft and 92,386 sq ft>65,183.18 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. 132 West Main Street, Suite A,Aspen, CO 81611 970)544-0620(t) (970)920-3364(t) rRELATED• WESTPAC 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 FAR Total 139,763 sq ft (Bldg 8 Floor Area 95,839 sq ft) 9. Community Purpose—In addition to the community purposes proposed within the application,the Applicant is guaranteeing a delivery date for the interim Building 7, This guarantee will be ensured through a performance bond and certificate of occupancy for Building 8. Another proposed community purpose is the Applicant's commitment to improving the vertical circulation within Building 7. Stairs and a second public elevator connecting all levels enhance the pedestrian circulation within the building. In addition the Applicant will provide 20,000.00 toward Transit Center amenities including benches,trash receptacles and ski racks and public art for the Transit Center. Thank you for your time and consideration regarding the additional information being submitted in the proposed amendment. We look forward to reviewing this information with the Council. Sincerely, Scott Stenman VP of Development 132 West Main Street, Suite A,Aspen,CO 81611 970)544-0620(t) (970)9203384(f) RELATED WESTPAC TABLE OF CONTENTS SECTION 1 Development Agreement SECTION 2 Metro District Memo Regarding the Transit Center SECTION 3 Clinic Plans SECTION 4 11x17 Booklet Sheet Substitutions SECTION 5 Landscape Information February 2009 Amendment to Application for a MinorAmendment to the Base Village PUD DEVELOPMENT AGREEMENT Building 7 Essential Public Facility) THIS DEVELOPMENT AGREEMENT (this "Agreement") is made effective as of the day of the_day of February, 2009 among BASE VILLAGE OWNER LLC, a Delaware limited liability company ("BVO"), and the TOWN OF SNOWMASS VILLAGE, COLORADO, a Colorado municipal corporation (the "Town"). WHEREAS BVO owns that real property situated in the Town commonly known as Lot 3, Base Village P.U.D. Final Plat according to the Plat thereof filed February 2, 2006 as in Plat Book 77 at Page 31 (the "Plat") of the records of Pitkin County, Colorado the "Property"); and WHEREAS the Town Council has approved by Ordinance No. 21 Series of 2004 the "Ordinance") the final Plat, including a P.U.D. Guide (the "PUD Guide"); and WHEREAS the Town Land Use and Development Code (the "Code") authorizes the execution of"development agreements" by the Town. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Conditions of Approval for Building 8. BVO agrees to perform the obligations set forth in Section 1.2 through Section 1.8 (the "BVO Undertakings"), which are conditioned on the Town Council approval of the Building 8 Minor PUD Amendment, and the Town Council approval of the Building 8 lot split(the "Building 8 Approvals"). The parties expressly acknowledge and agree that the Building 8 Approvals are not conditioned on the performance by BVO of the BVO Undertakings, but rather that the performance by BVO of the BVO Undertakings are conditioned on the receipt of the Building 8 Approvals. The BVO Undertakings, are acknowledged and agreed to have been voluntarily offered by BVO and are self-imposed by BVO in order to provide an enhanced use and value of the Property, such BVO Undertakings are commitments that BVO desires to make to secure an essential public feature of the Base Village development(specifically to provide for a safe and secure arrival area to the Base Village development), to protect the public safety and welfare, to provide a benefit to the public at large (and not just to benefit BVO as the developer of the Property), and to induce the Town to grant the Building 8 Approvals. The Town Council will either grant or deny the Building 8 Approvals based upon the Town's exercise of its police powers and will not grant or deny the Building 8 Approvals conditioned on the performance or nonperformance of the BVO Undertakings by BVO..The action of the Town in entering into this Agreement is based upon the understanding that the intent and spirit of the police power objectives of the Town relative to the Property are embodied in the development with the BVO Undertakings, and the Town is thus achieving its police power objectives and has not, by this Agreement, bargained away or otherwise 100219008.DOC\6}1 compromised any of its police powers, and this Agreement does not purport, either impliedly or expressly, to restrict or in any way interfere with the exercise of the Town's police powers as the final zoning authority for the Town of Snowmass Village. 1.1 BVO has completed the construction and installation of the transit center within the garage for the Base Village P.U.D. (the "Transit Center"), in accordance with the May 2006 garage permit plans set and Record of Decision No. 7 (the "Garage Plans"), and the Transit Center has been inspected by the Town and the Town has issued a certificate of occupancy for the Transit Center. 1.2 BVO will provide vertical circulation from the bus stop in the parking garage located in what is currently referred to as the "Transit Center" area of Arrival Level P3 to the Village Level of Base Village within the footprint of Building 7 ("Interim Building 7"). The Interim Building 7 will consist of the following as more fully described in the plans (the "Plans") which are attached as Exhibit A in addition to any other specifications or construction details set forth in Exhibit A: a) The following items, which are required to be provided in accordance with the Garageflans: i) Radiant heating system for passengers waiting areas within the Transit Center at Arrival Level P3 required by Ordinance No. 21 —Series of 2004 or as agreed upon by the Town and BVO. Seven(7) individual overhead radiant heaters located adjacent to each bus bay, as shown in Exhibit A (the "Heating System„). b) The following items, which were agreed upon between the Town and Intrawest/Brush Creek Development Company, LLC but were not formally documented prior to BVO's acquisition of the Base Village P.U.D.: i) The transit office (which may be relocated away from the parking entry gate as long as the relocation permits the Transit Center operator to observe the activities within the Transit Center) comprising no less than 96 square feet with an entry door, window, lay-in ceiling, heat, outlets, ventilation, painted drywall and painted cinderblock walls, and with a data line for Town supplied CCTV and other Internet services, including consent by BVO granting authorization to the Town to install an antenna for radio or other communications(the "Transit Office"); and ii) Conduit, stub connections and access to a distribution panel for power for the Town supplied variable 00219008.DOC\6 12 messaging system and signage as shown on Exhibit A ("Transit Office Utility Infrastructure"). c) The following items, which BVO and Town have agreed upon, to enhance the vertical circulation and functionality of the Transit Center and Interim Building 7 (the `Building 7 Vertical Conveyance"): i) A series of two escalators which will be installed between Arrival Level P3 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 day); ii) A stair from Arrival Level P3 to the Village Level to provide additional public circulation; and iii) Two (2) public elevators from Arrival Level P3 to the Village Level. d) The following items, which BVO and Town have agreed upon, to enhance the arrival experience of users of the Transit Center and Interim Building 7 (the `Building 7 Amenities"): i) The public restrooms within the interior space at Arrival Level P3 of the Transit Center; ii) Day skier lockers on the bus stop level of the Transit Center, similar to the Town approved plans for Building 7; iii) Temporary landscaping between Building 7 and Building.2C as approved in the Interim Building 7 PUD amendment(the "Temporary Landscaping"); iv) Exterior fagade for Building 7 Arrival Level P3 to the Village Level and exterior treatments along the wall located between Building 7 and Building 2C (the "Exterior Facade"); and v) A $20,000.00 allowance for public art and transit related amenities, including benches, ski racks and trash receptacles to make the Transit Center fully functional and ready for use by December 17, 2009. e) The Transit Center, the Heating System, the Transit Office and the Transit Office Utility Infrastructure, the Building 7 Vertical Conveyance, and Building 7 Amenities (but excluding the Temporary Landscaping and the Exterior Facade) (collectively, these improvements are referred to as the "Metro District Transit Center Facilities"), will be 100219008.DOC\ 6)3 conveyed to Base Village Metropolitan District No. 1 (the"Metro District"), subject to the obligations of the Metro District and the rights of the Town as provided in Section 1.7 hereof. 1.3 BVO will build Interim Building 7 according to the Plans which are detailed further in Exhibit A. Conceptual renderings of the exterior of Interim Building 7 are attached as Exhibit C. 1.4 BVO will finish Interim Building 7 and the Transit Center at Parking Level 3 will be operational, as demonstrated by a Certificate of Substantial Completion issued by the architect of record or the engineer of record for Building 7, by December 17, 2009 (`B7 Completion Date"). Upon acceptance by the Town Manager of the Town(the "Town Manager"), or his designee, of the Certificate of Substantial Completion (the"Acceptance"), the Bond shall be released and the Town will execute any such documents as are reasonably necessary to accomplish the release of the Bond. The Acceptance shall not be unreasonably withheld or delayed, provided that, in the event weather or other factors beyond the reasonable control of BVO delay the installation of Interim Building 7 sensitive to weather or such other factors, the Bond shall remain in full force and effect. The Town may, at its sole option, permit BVO to substitute other collateral acceptable to the Town for the Bond originally given by BVO to secure the completion of Interim Building 7. BVO agrees to promptly correct any deficiencies in installation in order to meet the requirements of the Plans applicable to such installation. In the event such installation is not completed substantially within the Interim Building 7 Schedule (as set forth on Exhibit B attached hereto), if any, and according to the specific Plans therefor, the Town shall have the right to cause such work to be done as necessary to complete the installation in such manner and BVO shall be liable for the cost of such Interim Building 7 work. 1.5 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 Interim Building 7, 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. The estimated costs of Interim Building 7 are an estimated amount mutually agreed at this time by BVO and the Town as set forth in Exhibit D attached hereto. In the event the cost of Interim Building 7 exceeds the estimated cost, BVO shall be solely responsible for the actual cost. No representations are made as to the accuracy of these estimates and BVO agrees to pay the actual costs of Interim Building 7. 1.6 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 100219008.DOC\614 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. 1.7 Upon completion by BVO, and acceptance of the Metro District Transit Center Facilities by the Metro District, whether such acceptance occurs for all components at the same time, or as each component thereof is completed and accepted, the Metro District will be the owner of and responsible for the long term operation and maintenance of the Metro District Transit Center Facilities so accepted by the Metro District, for the use and benefit of the public pursuant to existing easements and agreements with BVO, as required by the tax-exempt bonds issued to finance such facilities and the Amended and Restated Consolidated Service Plan for Base Village Metropolitan District Nos. 1 and 2 approved by the Town on October 17, 2006 (the "Service Plan"). Consistent with such requirements, the Metro District, the Town and the Roaring Fork Transit Authority("RFTA") will enter into an intergovernmental agreement(the"Joint OOperatine IGA")providing for the Town to have the right to administer the use of the Transit Office, the Transit Office Utility Infrastructure, the bus lanes, the pedestrian areas, and the other areas within the Transit Center designed and reasonably necessary for use by the Town or RFTA for public transportation purposes (the "Town and RFTA Transit Facilities"). The Joint Operating IGA will provide for priority use by the Town and RFTA of the Transit Center and may allow, subject to such terms and conditions as the Town may determine, for additional use of the Transit Center for private valet, shuttle, limousine, charter bus, or other transportation services. The Joint Operating IGA will set forth the obligations of the Metro District to provide for the operation and maintenance of the Town and RFTA Transit Facilities consistent with the Service Plan and other intergovernmental agreement currently in effect with the Town. BVO and its successors or assigns will be responsible for the long term maintenance of the Temporary Landscaping and the Exterior Facade and the remainder of the Building 7 and Interim Building 7 improvements not accepted by the Metro District. 1.8 BVO will submit a minor PUD amendment for Interim Building 7 to be processed in accordance with the Town's Land Use Code. All parties will work cooperatively in order to process the minor PUD amendment application in a timely manner as necessary to achieve an opening date for the Transit Center and Interim Building 7 of December 17, 2009. 100219008.DOC \6)5 2. Conditions of Bond. The conditions for issuance of the Bond are as follows: 2.1 BVO will post the Bond upon approval by the Town Manager as provided in Section 1.5, 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 Interim Building 7 is consistent with the Interim Building 7 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 Interim Building'Tis consistent with the Interim Building 7 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 Interim Building 7; 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 Interim Building 7 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 obligations in Section 1.2 through 1.6 above. 3.1 Default. If BVO is in default in the performance of BVO's obligations, BVO shall have the right to cure said default after written notice by the Town of the default to BVO. If BVO fails to cure such default within sixty (60) days after written notice is given from the Town to BVO specifying the nature of the default (or if such default cannot be cured within the sixty (60) day period of time, if BVO shall fail to promptly commence to cure the same and thereafter diligently proceed with such cure), then the Town shall be entitled to undertake such work as may be necessary and appropriate to cure such default. The Town shall be entitled to full reimbursement for the reasonable costs of all such work. Any written notice required to be given to BVO shall be given by first class mail, postage prepaid, and by certified mail, return receipt requested, to the following addresses set forth in Section 3.9 below. 3.2 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. 00219008.DOC\6)6 3.3 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. 3.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 3.5 Scope of Agreement. The rights granted to BVO by this Agreement are in addition to any other rights held by BVO under applicable law. 3.6 Interpretation. Unless the context of this Agreement clearly requires otherwise: (a) terms defined in the singular may be used in the plural, and terms defined in the plural may be used in the singular; (b) "including" and "such as" are not limited; (c) or" has the inclusive meaning represented by the phrase "and/or"; (d) the words hereof," "herein," "hereby," "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) Article, Section, clause, paragraph and Exhibit references are to this Agreement unless otherwise specified; and(f) references to any agreement(including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and, if applicable, the terms hereof. In the event of any conflict between a term, condition or provision of this Agreement and a provision of the Town's Municipal Code, the terms of this the Town's Municipal Code shall control. 3.7 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. 3.8 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. 3.9 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 parry to whom notice is being given. Any 00219008.DOC \6)7 notice sent by registered or certified mail will be deemed to have been received three business days following the date of mailing. Any notice sent by overnight courier will be deemed to have been received one business day following the date of delivery to the overnight courier. Either party may change its address for notice by advising the other party in writing of such change, and until the other party is so advised, it will be entitled to continue sending notices to the last address it is advised of in writing If to the Town: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Manager With copy to: Town of Snowmass Village P.O. Box 5010 130 Kearns Road Snowmass Village, CO 81615 Attn: Town Attorney If to BVO: Base Village Owner LLC P.O. Box 6565 (USPS Only) 16 Kearns Road, 3`d 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 3.10 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. 3.11 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 100219008.DOC\ 6)8 BY: Town Manager 100219008.DOC\6}9 IN WITNESS WHEREOF, the parties have caused this Development Agreement to be signed as of the date written above. BVO: BASE VILLAGE OWNER LLC A Delaware limited liability company By: Print Name: Title: 100219008.DOC\6}10 EXHIBIT A Plans for Interim Building 7) 00219008.DOC \4}10 Exhibit A 1of7 INTERIM BUILDING 7 Scope of Work General: Arrival Level: 1. New interior partition walls as indicated using batt insulation and 5/ 8" exterior grade drywall on both sides. 1. Prepare wall in the garage surrounding access point to extent required with wall signage typical of other 2. New walls indicated with cross hatch. areas of the garage. 3. Village Level structural slab to be waterproofed and all penetrations to be sealed 2. Install sliding glass door as approved in the minor PUD for Building 7. 4. Two elevators to be installed. These will go from the P3 to the Village Level. Elevator overrun ( height) to be 3. Men' s and women' s bathrooms as currently approved for Building 7. constructed as required. 4. Coin operated lockers for day skier use located on the arrival level. These will be managed by Base 5. Two escalators will be installed between the arrival level and village level, which will operate as one escalator Village Owner until assumed by the Metro District. moving in one direction. 5. Door between lobby and temp elevator machine room to be locked at all times- not an egress door. 6. Temporary Elevator machine rooms to be placed adjacent to elevator as indicated on plan. 6. Lighting provided at bus unloading area inside the garage. 7. A stairwell will be provided to connect Level P3 to Village Level as shown in Exhibit A. 7. Public areas to have painted drywall walls and ceilings, and rubber tile flooring. 8. Elevator cabs to be finished with plastic laminate interiors and carpet tile floor. 8. 7 overhead radiant heats will be provided in the Transit Center passenger loading areas, as shown in 9. Temporary heating system to be installed at lobbies, bathrooms, escalators, stairs and elevators. Exhibit A or as agreed upon by Town and BVO. 10. Emergency signage and fire protection specialties per the original design. 11. Village level pedestrian walkway/ fire lane to have snow melt and pavers installed to match the rest of Base Village. P1 Level: 12. Layout of temporary wall shall maintain approved fire lane width in front of the temporary building. 1. Elevator lobby area for emergency access only if required by code. 13. Provide lighting as specified in the original Building 7 permit plans for areas within the work boundary, 2. Provide a unit cabinet heater mounted at the ceiling. specifically lighting to be installed at lobbies, bathrooms, stairwell and circulation from P3 to the Village Level. 14. Provide sprinklers as required- maintain original plan within the work boundary areas. Village Level: 15. Air quality in the transit facility, including the transit office, will meet the required code standards for ventilating 1. Temporary arrival center building per future minor PUD amendment for Interim Building 7. the area. The exhaust ventilation system was designed with the 2006 International Mechanical Code and 2003 2. Public areas to have painted drywall walls and ceilings and rubber tile flooring. ASHRAE HVAC Applications book. This exceeds the recommended level for ventilation ( total CFM) and the 3. Waterproofing to extend 48" up wall for drifted snow goal is to maintain the space at 25ppm or less. 4. Roofing over the two elevator shafts. 16. Existing structure to have temporary finishes applied per future minor PUD amendment for Interim Building 7. 5. Service door that is normally locked to the top of structure not accessible to the public. Exterior improvements for Interim Building 7 levels P3- Village Level will include an interim facade to be 6. Temporary walls as indicated in Exhibit A and shown in detail on the Village Level floor plan. finalized and approved in a subsequent independent Building 7 minor amendment. The interim facade also 7. Snowmelt and pavers connecting the interim Building 7 with the existing plaza. includes the exterior treatments along the wall between Building 7 and 2C. Hardi- board siding and false 8. Temporary landscaping provided as approved in the future minor PUD amendment for Interim Building windows to simulate adjacent Phase 1 buildings. This work will be scheduled for August and September of 2009. 7. See conceptual renderings in Exhibit C. 9. Site lighting as typical in Base Village and per future minor PUD amendment. 17. Permanent landscaping will be installed above the garage entry in accordance with the permit set for Building 8. 10. Gate to Phase 3 work area- not accessible to the public. Temporary landscaping to be installed between Building 2C and 7 per Base Village PUD or as amended in the future Building 7 Minor Amendment, by November 1, 2009. The area in front of Building 7 will be graded and Transit Related Needs: seeded, or as per the future minor PUD amendment for Interim Building 7, prior to November 1, 2009. 1. Provide and install conduit, stub connections and access to a distribution panel for power in accordance 18. Garage entry road to be completed by November 1, 2009. This includes the removal of the scaffold bridge. with the transportation department' s needs for LED signage and CCTV. Locations referenced in Exhibit 19. Maintenance of the transit facility will be provided by Base Village Owner until assumed by the Metro District. A. Detailed maintenance responsibilities will be listed in a subsequent letter but will include street sweeping, trash 2. Base Village Owner, LLC will grant authority for the Town to install an antenna within Base Village. removal, and general upkeep. 3. 100 square foot transit office to be provided adjacent to the bus bays. a. Entry door, window, lay- in ceiling, heat, outlets, ventilation, painted drywall and cinderblock walls. Snowmass Base Village Interim Building 7 a ruary _-- Exhibit A 2of7 i J!/ o 1. ll• a na K G nl' rETt I o O 0 e 0 0 o ® 0 0 0 0 f Q ® Provide two junction boxes, one 1" power conduit for power, and one 1" communications conduit message sign. p Interconnect power conduits as shown. y1rl " I T1 B Communications conduits shall be homerun to control office. Provide two junction boxes, one 1" p power conduit for power, and one 1" communications conduit CCTV e camera. Interconnect power conduits. Communication conduits shall be homerun to control office. Radiant Heaters Arrival Level P3 Site Plan a 4 •Interim Building 7 l i Snowmass Base Village February_ 6, 2009- --- J Exhibit A 3of7 r Ex10lr" Ca TAR} r— r I Ennecu. e c nec. ess I 1 i 1 vcZv IzE I 1 xIhT Nw sT' R I I 1 Ac. cslS - 47 TAP.MACHINE 1 i D va a S 11 ELEV 111 MIT mail uP I 541vn k, D 5 •. M. . , Arrival Level P3 Snowmass Base Village Interim Building- 7 - l February 6, 2009,.— -_ Exhibit A 4of7 r EK ijflN( c rtpwt, T RB fio KGl lA1 Ag= 1° ' ' WORK a ev Lim ! T of WaRK AUSA o $ N To S BStaMTop. Level P2 Interim Building 7--- Snowmass Base Village February 6. 2009 Exhibit A pQ qp 0 r 5of7 i i C xlyr l. lc, S• rRvvTVe To P. FrAA1W4 RS M i W° RK AREA 4 t yrFx I I I 1 661.. oN L, ANDIN6 AwBtiS Level P1 Snowmass Base Village Interim Building 7 February 6, 2009 Exhibit 6 of 7 Lj 03 CALATOP Village Level Snowmass Base Village I Interim Building 7 February 6,, 2009 i Exhibit A 7 of 7 i i i 41 ti AReA le Gv iTtzuLT1o1 1 PoRTEgir, or! 4w a. AMy C I c C R Xlgr2N4 5 Ex2sr2N4 TR° RE Q 1° WC TO I Snowmass Base Village February 6, 120097 EXHIBIT B Interim Building 7 Schedule) 00219008.DOC \4)11 Activity Activity Orig Early Early 2 ID Description Dur Start Finish MAY N JUL A T N P 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 1 12 1 1 General Activities Subject to change based o' n approvals. PRO10001 Preconstruction/ Contracting 15 06FEB09 26FEB09 PRO10011 I Building# 7 re- design/ permit 30 06FEB09 19MAR09 Steel ConstructionPR050001 Steel shop drawings/ procure steel 45 20MAR09 21 MAY09 Steel shop drawings/ procure steel Vertical Transportation i PR140001 Elevator/ escalator shop drawings 30 27FEB09 09APR09 PR140011 Approve elevator/ escalator shop drawings 10 10APR09 23APRO9 PR140031 Procure escalator 80 24APR09 13AUG09 I Procure escalator PR140021 Procure elevators# 1 and# 2 60 24APRO9 16JUL09 Procure elevators# 1 and# 2 PR140041 Interim facade 42 28JUL09 23SEP09 Interim facade- - - - 7 Am Site ConstructionAA020001 Mobilize to site 5 01 MAY09- 07MAY09 111111111IMobilize to site- --- - - - - --- --- - - - - Vertical Transportation AA140001 Install elevator# 1 30 17JUL09 27AUG09 Install elevator# 1- - - - -- - - - - - - - - -- - AA140011 Install elevator# 2 60 31JUL09 220CT09 I I Install elevator# 2 AA140021 Install escalator 70 14AUG09 19NOV09 Install escalator AA140031 Elevators/ escalator punchlist 4 20NOV09 25NOV09 Elevators/ escalator punchlist Closeout/ Punchlist AA200002 FINISH MILESTONE 0 25NOV09 FINISH MILESTONE• Site ConstructionAL020011 Demolish elevator# 2 opening 3 15MAY09 19MAYO- 9 Demolish elevator# 2 opening Concrete Construction AL030001 Infill elevator# 2 opening 4 20MAY09 25MAY09 Infill elevator# 2 opening Finishes Construction I AL090001 Frame/ drywall/ tape & finish 10 30JUN09 13JUL09 Frame/ drywall/ tape& finish AL090011 Painting 3 14JUL09 16JUL09 Painting j AL090021 Flooring 5 17JUL09 23JUL09 Flooring Mechanical Construction i I AL150001 Mechanical/ radiant floor rough in 5 19JUN09 25JUN09 Mechanical/ radiant; floor rough in AL150011 Fire sprinkler rough in 2 25JUN09 26JUN09 I• FiIre sprinkler rou h in AL150021 Mechanical/ fire sprinkler trim 2 24JUL09 27JUL09 Mechanical/ fire sprinkler trim Electrical Construction I I AL160001 Electrical rough in 4 19JUN09 24JUN09 Electrical rough in AL160011 Electrical trim 2 24JUL09 27JUL09 Electrical trim Closeout/ Punchlist I AL200001 Punchlist/ final inspections 5 28JUL09 I 03AUG09 FIEPunchlist/ final inspections-- -- - - - - - -- - -- - - - - -- - Stan Date 06FEB09 Early Bar 0001 Sheet 1 of 3 Finish Date 25NOV09 progress Bar CFC/ PCL, a Joint Venture Date Revision Checked proved Data Date 06FEB09 Cy Run Date 26JAN0912: 05 critical Activity Building # 7 - PRELIMINARY LAthi bit B Classic Schedule Layout 1 of 3 0 Primavera Systems, Inc. Activity Activity Orig Early Early 2 MAY N L EP N V ID Description Dur Start Finish 4 11 . 18 25 1 8 15 22 29 6 13 2 7 3 . 10 17 24 31 7 14 21 12 . 1q 26 2 9 16 23 Finishes Construction Subject to change P2090001 Frame/ drywall/ tape& finish 4 14JUL09 17JUL09 IFrarrte/ drywall/ tape& finish P2090011 Painting 2 20JUL09 21 JUL09 Painting based on approvals. Mechanical Construction P2150011 Fire sprinkler rough in 1 29JUN09 29JUN09 Fire sprinkler rough in Finishes Construction i P1090001 Frame/ drywall/ tape& finish 6 20JUL09 27JUL09 IIIIIIIIIIIIIIN Frame/ drywall/ tape& finish P1090011 Painting 3 2WUL09 22JUL09 Patnjing P1090021 Flooring 1 23JUL09 23JUL09 liFlooring Mechanical Construction I it P1150001 Mechanical rough in 4 26JUN09 01JUL09 Mechanical rough in P1150011 Fire sprinkler rough in 2 30JUN09 01JUL09 Fire sprinkler rough in P1150021 Mechanical/ fire sprinkler trim 3 24JUL09 28JUL09 Mechanical/ fire sprinkler trim Electrical Construction P1160001 Electrical rough in 3 25JUN09 29JUN09 0 Electrical rough in P1160011 I Electrical trim 2 24JUL09 27JUL09 Electrical trim Closeout If Punchlist P1200001 Punchlist/ final inspections P2& P1 4 29JUL09 03AUG09 Punchlist/ final inspections P2& P7- - - - - - - - - - -- - - - - Site ConstructionVL020001 Paver installation 10 27JUL09 07AUG09 Paver installation VLO20011 ILandscaping 10 1 10AUG09 21AUG09 Landscaping Concrete Construction VL030002 Modifications to concrete for steel roof 5 08MAY09 14MAY09 Modifications to concrete for steel roof VL030005 Demolish elevator# 2 opening 3 26MAY09 28MAY09 IlliPienrolish elevator# 2 opening VL030006 Infill elevator# 2 opening 3 29MAY09 021UN09 liminfill elevator# 2i opening- - - - Masonry Construction VL040001 Exterior masonry 5 06JUL09 10JUL09 1111111Exterior masonry Steel ConstructionVLO50001 I Structural steel roof and metal deck 20 22MAY09 18JUN09 Structural steel roof and, metal deck Waterproofing Construction VLO70001 Roofing 7 19JUN09 29JUN09 1llllllllll1llRoofin VLO70002 I Deck waterproofing & topping slab 10 13JUL09 24JUL09 Deck waterproofing & topping slab Doors and Windows i VLO80001 Windows and storefront 3 24JUN09 26JUN09 Windows and storefront Finishes Construction I VLO90001 Exterior studs and sheathing 5 19JUN09 25JUN09 E ierior studs and sheathing VLO90011 Exterior stucco 5 29JUN09 03JUL09 IFExterior stucco' Stan Date 06FEB09 Early Bar 0001 Sheet 2 of 3 Finish Date 25NOV09 Progress Bar CFC/ PCL, a Joint Venture Date Revision Checked roved Data Date 06FEB09 Run Date 26JAN0912: 05 critical Activity Building # 7- PRELIMINARY EX1h i bit B Classic Schedule Layout 2 Of 3 Primavera Systems, Inc. Activity Activity Orig Early Early 2 ID Description Dur Start Finish MAY N L A EP T N V 11 1 1 8 15 22 9 6 13 20 27 3 10 17 24 31 7 14 21 L21 5 12 19 26 2 9 16 23 VL090100 Frame/ drywall/ tape & finish 10 28JUL09 10AUG09 rame/ drywallftape& finish VLO90110 Painting 4 11AUG09 14AUG09 11111113a nting VL090120 Flooring 3 17AUG09 19AUG09 IlFlooring Mechanical Construction VL150001 Mechanical rough in 5 02JUL09 08JUL09 Mechanical rough in VL150011 Fire sprinkler rough in 3 02JUL09 06JUL09 IIII11IFlre sprinkler rough in VL150021 Mechanical/ fire sprinkler trim 3 20AUG09 24AUG09 IIIIIIIMechanical/ fire sprinkler trim Electrical Construction VL160001 Electrical rough in 5 30JUN09 06JUL09 I• Electrical rough In VL160011 Electrical trim 2 20AUG09 21 AUG09 Electrical trim Closeout/ Punchlist VL200001 Punchlist/ final inspections 5 25AUG09 31 AUG09 MPunchlist/ final inspections- - - - Subject to change based on approvals. Start Date 06FEB09 Early Bar 0001 Sheet 3 of 3 Finish Date 25NOV09 Progress Bar CFC/ PCL, a Joint Venture Date Revision Checked roved Data Date 06FEB09 Run Date 26JAN0912: 05 Critical Activity Building # 7 - PRELIMINARY EXfh i bit A Classic Schedule Layout 01 3 Primavera Systems, Inc. EXHIBIT C Interim Building 7 Conceptual Renderings) 00219008.DOC\4112 of spoon y{ 1 V4 d N DI I a I- r t j Aal r EXHIBIT D Cost Estimate) 00219008.DQC \4}13 RELATED WESTPAC January 30, 2008 Russell Forrest Town Manager Town of Snowmass Village PO Box 5010 Snowmass Village,CO 81615 RE: Interim Building 7—Cost Estimate Dear Russ, Please accept the attached budget estimate for the construction of the proposed interim building 7. This estimate was compiled from several sources of information and represents our best effort to estimate the cost of the project. Please note that the estimate Includes the temporary facade as proposed in the Development Agreement, stairs from the Arrival Level to the Village Level and temporary landscaping. We have included the input we received from CFC/PCL, Baker Construction, Ridge Runner Construction, Bouma Corporation, RK Mechanical and Jeldwen Windows. Please feel free to contact me at(970)922-2853 if you have any questions or concerns. Sincerely, Scott Stenman VP of Development i cc: Dwayne Romero,Jim D'Agostino,Amy Mayer, Chris Conrad I i i I 132 West Main Street, Suite A,Aspen, CO 81611 970)544-0620 (t) (970)920-3384 (1) Related Wastpac Temporary Arrival Center Budget 1/29/2009 General Condlllons/Requirements Ovorhead/General CondiUons(7%) 164,000.00 Sltowork GradingBackfiWSoil 40,000.00 Gould remaining contract Landscaping-grass and mfsc,planting 35,000.00 Estimate Modify Village level parUUon wall 10,000.00 PCL allowance Allowance for site lighting,garbage cans,misc.slgnage 6,000.00 PCL allowance Concrete Demo of concrete at P2 for stair opening-+rework structure 25,000.00 per R1C estimate Deno and Infili elevator openings 41,000.00. per CFC/PCL Topping slab at Village Level 34,000.00 per CFC/PCL Protect rebar 5,000.00 per CFC/PCL Masonry Masonry at fagade,site wall and accent stone at Viffags Level IS 25,000.00 per Ridgerunner and Baker estimates Pavers at Village Level(2200 sf) 99,000.00 per CFCIPCL and RWP unit prices Metals Sleet stairs from Village Level to P3 4000.00 per Steelstar Misc Metals 6,500.00 Carpentry Exterior Metal Stud Framing 350,000.00 per Scums estimate Interior Framing and drywall Ind per Bourne estimate Exterior Sheathing and Hardi Board plank skiing Ind per Bouma estimate Bathroom partitions Ind per Scums estimate Hollow Metal doors,frames and hardware ind per Bourne estknate Framing of Root Ind per Bourne estimate Window Installation Inc) per Bourne estimate Thermal and Moisture Protection Rooting-asphalt shingles 20,000.00 Per PCL added for faux roof elements Waterproofing Village Level structure 38,000.00 Per PCL-JGS unit prices Doors and Windows Windows/Doors at Village Level 23,695.00 Jeldwan estimate Sliding glass door at Arrival Level 14,000.00 Per Cutting Edge cost for Building 8 Finishes Flooring•resI lent flooring at arrival level and village level,slip resistant 2800 sf of flooring @$5 sf,$1000 for texture at bathrooms 15,000.00 traffic topping at restrooms Painting-exterior siding and Interior wells,callings 35,000.00 PCL pricing plus allowance for exterior Specialties Mirrors 3,000.00 2 mirrors at bathrooms Bath accessories 2,864.00 per PCL-hand dryers,garbage cans. Fire extinguishers. 600.00 per PCL Misr.Code required signage 1,200.00 per PCL Allowance for wall graphics 43,000.00 per RWP paid to data x area planted Locker Room 30,000.00 allowance per Baker Vertical Transportation Escalator,Elevator 1 and Elevator 2 474,562.00 per executed contract Fire Sprinklers Fire Protection S 14,000.00 PCL pricing doubled Fire Alarm allowance 15,000.00 PCL pricing Mechanical Plumbing at Men's and Women's bathrooms 41,050.00 Estimate per RK Mechanical Heating system(8 unit heaters) S 28,000.00 Estimate per RK Mechanical Exhaust system for bathrooms 7,500.00 Estimate per RK Mechanical Floor drains 3,600.00 Estimate per RK Mechanical Snowmell at Village Level pavers S 61,800.00 PCL estimate using unit rates Electrical Electrical subcontract estimate 85,000.00 PCL estimate Site Lighting allowance 3,600.00 Lighting at Transit center 5,000.00 Subtotal 1,836,691.00 Contingency 5% S 91,834.55 Insurance(OCIP®275%) 53,034.45 i i Arrival Cantor Pricing Compartosn RWP as OC CFCIPCL I Baker Rid sRunner General Rapdremeds morlogenwd by corner 14T 20 43,648 Ovad*oW sum Gennerel COrxMbna 1&000 178,445 5,765 Insurance 63034 $ 22861 Mobl IbNOamobOhe0on Ind 4,763 Trash Ind Ind 23,600 Portolab Ind Ind Scaffold and Lilts Md Ind 28,532 57amrenW and aid General L.aWr led k f2 75 Barely Ind 5.191 Remove Iro6er a1d SUBTOTAL 207,034 3 749049 S 122.270 Sitevmnk BacWI aM amdlm S 40 5PW Te adrasaand sole/vtordings-sll w nce 38 Modify wood Partition et VOKO leval 10 SADS Gaza to Ptmae 9 workaroa Ind $1 Mlse0utdom6urn Iwre for Vito 0a Lavw 6000 6 =75-F_.,77 SUBTOTAL Bt 000 $ 19 Conmals Stale oparft at P9 It Mla odd pan deck staaaaM 9 13 26 $ 20000 25,000 Derta olelavabr ana Inm 41 000 $ 41 50 S 13,959 Rapping slab alsWdurodVBa elevel 94000 $ 94788 Protectrobat•aOwlwxe 5,000 5AOO SUBTOTAL 108000 105,824 36069 25,000 Masnaai Stoned base ofBugdhmlfscsdo 25,000 not Idol 26,713 16 000 Storm d gondota tower re wall Ind not bid Ind Intl Pevorsol VBa Level 99.000 $ 99000 not bid not bid Sion at VIOa a Lovel Ind S l7fA4 Ind and SUBTOTAL 124000 IF 118631 28717 18000 Metals 3Levalsof an decksteb 4J 000 $ 49000 43000 4 43,000 Steel at elovalor"oafs kid in carpentry 10 Steal at mahl le ebumae root avd in ca 45,9115 $ 151,712 Elevator PI ladder 1600 $lAw Ebvatm safety beam allmnnco 6000 SAM SUBTOTAL 49,500 106,208 104 i12 47 000 WoodfMaalbs SM 330000 100000 269,176 lHoaq tanber-IM Ism beam Ind In w 013TOTAL 760 000 S 100 000 289176 Themlel Molsture Roollm over temp structure 3 20000 13,070 S SJ 0 Imolatbn Ind In wwrdiv s 15.4% Watenwoorm over veal tinRalre s 38000 29.491 $ 77 Wet u 48'olwa9 Ind $ 3AW Seal anabn NI between QDMAG so owdure Ind s 1.010 Sw(ellpem Vatbns Ind $ W2 SUBTOTAL 68000 S 48.373 S 146.180 Doom and Wadmvs Interbldours Ind In comenhy $ T70:109692 Storefront doom 11 26,3W Intl yradoay 29893 8148 and SUBTOTAL 6 31.406 J6418 109,592 Flnbtres Same•ellmbated-dwMed to sIdIng WA WA WA NIA p Ind bi caroontrY 1 3 $3426 5 163452 F of Wwm eavelove Indio cownby 16 108000 Ind sled FlacrIng s 15.000 3 8.558 $ 29 p 35,000 $e"0 5 78pa Mlsc FlNShee AAowarke 60,000 6UBTOTAL s 60,000 250,421 271887 S Oea 700el Partitions Ind In car n tool allovoneo 25,370 Tolat soceasmia 2,884 led allowance 2AM Lockera 30,000 30,513 Mirrom 3 3,DDO I AW4 FInISMe-We9 s 43PDO 50.000 Pte Well kl trarad comer Tor WMhlcs Ind Ina 2 F00 ro 60o f 339 933 Eme e f 1200 116 SUBTOTAL 4 10,084 f 65,275 59,841 Co n Khmp Cvdrod w1us 6dmaln0ero/cml9eq 174 129000 171 2 474fA2 l SUBTOTAL 6 7 602 3 129000 17 692 174302 Flm PmWcUon F e ere ra mee 3 14000 3 6.290 43739 Ftre Alarm Allowance 5 15.0w 1 000 s 17.813 i SUBTOTAL 29,000 21290 036T modwdcol Sn ft at Viloas Level 91000 6/ t H r0rTe svucwm omksal each 29000 3 34196 SBUv 41030 200 f 87A73 Eshouet f610aihMO 7600 f(Floordmba '3AW SUBTOTAL 111760 616798 91073 i E ILInhOm In tempwry sUmWm 63 f 71 271 SOe Lwdhv J 3AW mvamncenlm 3,000 SAM SUBTOTAL 93,500 79,800 08271 81 993 179 419 80,175 SUBTOTAL 91,838 ITUA43 f 60,17a 3 1.961.690 3 2z o.= 3 2,012,137 f 390.362 Ridge Runner Construction Company INC.Estimate P.O.Box 1479 730 Perry Ridge Date Estimate 0 Carbondale Co.81623 129.2009 7 Name I Address Wotpm:Building 7 rascad Project Item Description Qty cost Tolal Labor lobilizution B:Clean-up 120 58.00 6.960.00 Fleming Ubw Framing Labor 580 51L00 33.640.00 Praning Materials Includes Roof muterials 1 26.010.00 26,010.00 Rotting ldwr Ineludsei materials 1 9.975.00 9.975.00 G\uritu finish La... Siding&'rim Lobar 700 58.00 40.600.00 Finish Mmcriats Siding$Trim Includes window dements I 19350.00 29}50.110 l m4a v Venter l.... Minns farCultuml Stmsc I 18.000.00 1&000.00 paint L. hsu Touchup mid Trim Elements I 8300.00 500.00 Supervision lob Snperrisiun 440 73.00 32,120.00 I"Dverbead.Posh.)nsumncc 0 205,155.00 20515.50 Multiple Details and cawruction approaches$1111 need vvorUd oul.some may ba able to cut upon Oral delails Pricing is based on use of non-combustible products,and will defiantly lover ifalloxtd to vise wod,on the bass or tempormy struclun.Also sowrai thousand can be cut if svc use symheiic rock panels. Total 225,670.50 Takeoff Worksheet 01/ 28109 William H. Balser Construction, Inc. Takeoff Wodcsheef by aid Item and Cost Code, oath Notes Job# 504 to 504 Extended AssemblyK _ Part# Description CostCodeii Unit Quantity Price ExL Price Bid Price I Blain Arrival Center Job: 504. o Bid ttem: 1 GENERAL REQUIREMENTS z 4021600000050 MoWbation 2110. 000LS COO 2, 500. 000000 2, 500. 00 2, 884. 00 92010102000000 Project Management 1060. 000HO 320. 00 75. 000000 24, 000. 00 27, 686. 40 9201 0210 00 0 00 0 Job Supeaisor 1055. 000Ho 250. 00 55. 000000 13, 750. 00 15, 88200 986000000 Fm E dinWtslws 1036000Ea 15. 00 50. 000000 750. 00 86520 991000000 ScafiokAn9 8: Lifts 1600. 000LS 1. 00 8, 400. 000000 6, 400. 00 7, 383. 04 32420000000D2 Pemtits and Fees 1070. 000LS 1. 00 23, 004000000 23, 000. 00 26, 532. 80 990000001 Equipment' 1580. 000LS 1. 00 15, 000- 000000 15, 000. 00 17, 3D4. 00 3240000000005 OumpFees 1740. 0001- S 235. 00 100. 000000 23, 500. 00 23, 500. 00 92174200000000 Contingency 18100. 000LS 1. 00 69, 500. 000000 69, 500. 00 60, 175. 20 97002000000003 OSHA regAremwts 1590. 000LS 1. 00 4, 500. 000000 4, 50D. 00 5, 19120 92016022000006 Jobdw Clean- up labor 1740. 000Ho 250. 00 45. 000000 11, 250. 00 12, 978. OD 92016023100000 Demobilization 10OZ000HO 36. 00 45. 000000 1, 670. 00 1, 868. 83 987. 0' 11001 Frew Olrxe Expense 1525. 0001- S 1. 00 5, 000. 000000 5, 000. 00 5, 768. 00 l Bid Item Total- 200, 770. 00 227, 996. 67 Bid ftem: 3 CONCRETE 1402100000 Concrete 3045. 000Cu 28. 00 125. 000000 3, 500. 00 4, 037. 60 4037000000005 Concrete SaWrwjCore Dnlrmg 3800. 000In 28. 00 200. 000000 5. 600. 00 6, 460. 16 9203200211] 0000 Concrete Subcontractor 3045. 000CU 24. 00 125. 000000 3. 000. 00 3, 460. 80 o i Bid Item Total: 12, 100. 00 13, 95856 w 3 oa i Report S,&" 2 i 01/ 28/ 2009 z fravts Page t 03: 17 PM 4 N O Takeoff Worksheet 0128109 Continued... E xl5wided Assembbr% Porto Description cost Code# unit Quanft Price ESL Price Bid Price gd item: 4 MASONRY 94040000000000 Masonry Subcontractor 4050. 000Sq 655. 00 38. 000000 24, 890. 00 26, 713. 10 Pdce for stone veneer on faux arrival wall and columns on village level oa o Btd Ifeno Total: 24, 890. 00 28, 713. 10 oN, Bid teem: 6 WOOD& PLASTICS 0 r 20110000001 Wood 6 Plastic Materials 6050. 0DOLS 1. 00 19, 005. 000000 19, 005. 00 21, 924. 17 0 92061004200000 Common Labor 6060. 000LS 1. 00 26. 000. 000000 26. 000. 00 29, 993. 60 X 92061004100000 Rough Carpentry 6100. 00015 1. 00 $ 0, 000. 000000 30. 000. 00 34, 608. 00 92062004100000 Finish Carpentry 6200. 000LS 1. 00 32, 000. 000000 32, 000. 00 35, 91520 92062004200000 Sxdmg Installation Labor 6080. 000LS 1. 00 85, 000. 000000 85, 000. 00 98, 05& 00 2000001 Timber Columns 6070- 000LS 1. 00 37, 530. 780000 37, 530. 78 43, 29551 Price for timbers and columns 4064000000050 Carpentry Subcontractor- General W work 9730. 00015 1. 00 3, 800. 000000 3, 800. 00 4.3& 3. 68 Bid Item iota!: 233, 335. 78 289, 176. 16 Willem: 7 THERMAL& MOISTURE PROTECTION 4071111000DOO Waterproofing Submrgracta Decks 7100. 000SF 5, 600. 00 12. 000000 67, 200. 00 77, 521. 92 Price tQ waterproof upper deck 94072000000000 Insulation Subcontractor 7200. 0001- S 1. 00 13, 365. 000000 13, 365. 00 15, 417. 86 S 94073000000000 Roofing Subcontractor 7300. 000LS 1. 00 46, 151. 000000 46, 151. 00 5339. 79 Price for asphalt shingles Bid Kern Total: 126, 716. 00 146, 179. 57 Bid Mem: 8 DOORS& WINDOWS a 94082000000000 Door& WindowSuboontractor 8050. 00DLS 1. 00 12, 500. 000000 12, 500. 00 14, 420. 00 Price for 4 fire rated doors and 1 double outwing door for village level with side lights, door closures and thresholds 94080000000000 DoorinstalerSubcontractor 8210. 000Ea 6. 00 300. 00000 1, 600. 00 2. 076. 48 0 94085000000000 Window Installer Subcontractor 8500. 000Ea 36. 00 75. 000000 2. 700. 00 3, 114. 72 0 94082000000000 Door Wm do a wSubcontri? 8050. 000LS 1. 0D 78, 000000000 78, 000. 00 89, 980. 80 Price for glazing 0 0 N NRae & 5 oi2s2o09 0- 02 Page 2 03: 17 PM z a m o_a Takeoff Worksheet OV28109 Continued... Fxtended Assembly/ Part# Des; Opeon CostCodep Unit Quantity Price Ext. Pace Sid Price 940023000000D7 Ornamental Meals Subcordractor 5700. 00OLS t. 00 22, 000. 000000 22000. 00 23, 37920 Price for ba91 partitions and hardv" e 94092300000006 MiscJCubbtes& Lockers 9725. 00OLS 1. 00 28, 460. 000000 26, 450. 00 30, 512. 72 o Bid[ tam Total: 143, 450. 00 165, 483. 92 o Etd Item: 9 FINISHES N O, 94002300000008 StucU- A Metal Subcontractor 5100. 00OLS 1. 00 131, 51t. 500000 131, 511. 50 151, 711. 67 94092500000000 DryaraO Subcontractor 9150. 00OLS 1. 00 141, 697. 000000 141, 697. 00 163, 461. 66 a 9409800000000D PaintSubcorttractor 9910. 00018 1. DO 68, 400. 000000 68, 400. 00 78, 90624 a 94095500000000 Flooring Subcontractor- Rubberbvd cork 9600. 000LS 1. 00 25, 395210000 25, 39521 29, 295. 91 x Bid Item Total: 367, 003. 71 423. 375A8 Bid Item: 14 CONVEYING SYSTEMS 990000001 Equipment 1580. 00OL3 Kd Item Total: Bid Item: 15 MECHANICAL 94153000000001 Five Protection Subcontractor 13900. 00OLS 1. 00 15, 442. 000000 15, 44200 17, 813. 89 Price for proposed areas only 94153000000000 FireSpriiNderSubcontractor 139DO. 000LS 1. 00 39, 665. 000000 39, 685, 00 45, 757. 54 94154000000000 Plumbing Subcontractor 15050. 00OLS 1. 00 76. 000. 000000 76, 000. 00 87. 673. 60 415000000001 Bath Accesorles 10800. O0OLS 1. 00 2, 500. 000000 2, 500. 00 2, 884. 00 Price for hand dryers, towel dispensers Bid Item Total: 133, 607. 00 154, 12943 Bid Item: 16 EL. ECTRICAL.94164000000000 Electrical Subcontractor 16050. 0001-. 3 1. 00 58, 580. D000OO 58, 560. 00 65, 270. 69 V Bid Item Total: 56, 58040 65, 270. 69 e v W Q> O O N m Report 9- 5- 0- 02 01/ 28/ 2009 z travis Page 3 03: 17 PM a o 0 Takeoff Worksheet MUM Continued... Ektended Assembf^ Parts Description cost code# Unit Quantity Price Ext. Price Bid Price Grand Total: 1, 238, 45249 1, 494, 285. 18 rn N 6 N 07 d O L 1G LL d A N O W Ql O O N Report 9. 5- 0- 02 01128= 09 bwls Page 4 of 4 03: 17 PM Page 1 of 1 Mayer, Amy 1 From: Mayer,Amy Sent: Friday,January 30,2009 8:12 AM To: 'Brian Patton' Subject: Estimate I Brian, Per our conversation I used the following information to budget the temporary arrival center work: I 1 i tollets C$1750 each= 19,250 4 urinals C 1650 each =6600 8 sinks with faucets C 1500 each =12000 Waterline to work area=$3200 Total plumbing=41,050 Unit heaters C 3500 per each x 8 locations=28,000 Exhaust ducting for two bathrooms=7500 Floor drains C 900 each(two each bathroom allowance)=3600 Amy Mayer Constmdlon Manager RELATED WESTPAC Phone-970.922.2858 Mobile 970.309.6932 amaye[Orelatedwestpac.com 1/30/2009 Page 1 of 2 Mayer, Amy J\ J From: Rich Gelshart[rgelshart @boumacorp.coml Sent: Wednesday,January 28,2009 4:57 PM To: Mayer,Amy Subject: FW: Building#7 Amy, I had the(2)large drawing files attached,so it got kicked back to me. See our proposal below...... Thanks, Rich From: Wch Gelshart Sent: Wednesday, January 28, 2009 4:16 PM To:AMayer@Relatedwestpac.com Cc MikeTrippe; Jonathan Dlepstra Subject: Building #7 Amy, We propose the budget pricing range of$275,000 to'_$3--,O;QQO for the following scope of work based on the attached drawings and information: 1'°f"'W` Scope of Work: 1) Includes Exterior Metal Stud Framing 2) Includes Interior Metal Stud Framing at bathrooms,and transport 3) Includes Exterior Sheathing and Hardi Plank Siding 4) Includes$5000.00 allowance for bathroom partitions 5) Includes 12 HM doors, frames and hardware 6) Excludes flooring 7) Excludes roofing 8) Excludes painting and caulking 9) Excludes interior trims 10) Excludes windows 11) Excludes permits 12) Excludes Mechancial,Electrical,Plumbing and Fireprotection 13) Excludes winter protection 14) Excludes coordination of other trades 15) Excludes contingencies G a ri i ea '0v-5 Let me know if you have any questions. Thanks for the opportunity! Inc(KO rrAmnn.G for r' 11u rek roo 5 'r.c. sti,.sks • 1/30/2009 Page 2 of 2 Rich Geishart Snowmass DMslon Bou a 231.342.8533 m 231.947.3112 f meishartCdlboumacoro com I I i 1/30!2009 rmaetar7 em ammemd Date ]smeary 12,7009 lane 30332t42AM BE Mmntrr SED90807 ORNOWIRY No oe Hie NO Fsumutor CFC/PCL as Agent for Base Village Owner, LLC Colorado Mountain Division Conceptual Estimate Report Project January 2009•BUILDING S7•Estimate to Complete Vertical Transportation and Associated Finlshos/Structures Location Snowmass,CO USA Owner Related/WestPar,LLC C/O Belated Company Designer project Start May 04,2009 Project Completion November 2012009 O CFC/PCL as agent for Base village Owner,LLC araney pap I e I Colorado Mountain Division 10]7:QAN Conceptual Estimate Summary BENUMB SE090807 I oppeemEreb tamterieab Nyast 2am"2609-WILDING 07.ENnghto Cemphte VeNal TrampabOen and ANamVd Wmsmn IftW flat Scat Mar04,2009 LOW00 Saannws.,m USA Cat¢MOn Nov 2D,2009 0A WKWIaaatpa4 IICC/O RebtrdCOmma07 FWAftnuar. bad7w Ara N.9O1a tr0Uas0apepbglym1sUO aM AOnblbd 0 9CL by the o ,smtAeD aVor~and mba a"Un"ans mtea N.00ee1nods as b fam Yxt NiOaq tlb aaenrSa aRb Nwta has Oms PNiarad and fix~Won WN F;wmof p ub"ammdnU0e1 OfanDlpete0 CatlaAfbn LOG exWU naasalNUafstaNno%at 0a Wnq be rafted upm a a amn/mmAmet the CMWVNmO polttt mn awD MLUUmamd 0rtlumOatrO a2 i ' xid.•.5'S' 3r' i; i-c+.r Vx t rnrt -S1C 7aairtM1 2-'k1hm CaC 3&ra.',x'av- hTY.{iy4a s'W:n;,''t1'• Wryltaplpuolv'.'F$`°,a .7"`tCVantlly':t f''Fs d " /9b'Arta*. onat:o7e t'az TOmtat kr=x DIRECT COSTS 7 I SITEWORK I LS 6.79% CONCRETE 1 IS 4.05% 72,336 MASONRY I IS 0.99% 17,584 I.............. I......... ................ METALS 1 LS 3.55% 63,268 THERMAL/MOIST PROTECT 1 LS 2.71% 48,373 DOORS a WINDOWS I LS 1.98% 35,418 I.......... FINISHES I IS 10.79% 192,581 CONVEYING SYSTEMS I LS 23.98% 428,000 MECHANICAL/FIRE SPRINKLER 1 IS 6.84% 122,078 I ............. ................ MoG ELECTRICAL I IS 4.84% 86,300 CASH ALLOWANCES 1 CA 3.92% 69,965 I..... ..I.......... NNI.7N NCY I IS 10.00% 178,M8 ADD ALTERNATES 1 LS 0 DIRECT COSTS 80.44% 1,43S,431 GENERAL EXPENSE COSTS GENERAL EXPENSE COSTS 1 IS 1956% 349,049 GENERAL EXPENSE COSTS 19.56% 349,049 TOTAL COST l '. 1 {}y tt !N i T 'ti!'4 -Y j 2 .4 '• n, 7 IOO,OQ% ,arx , '.:h s•41i i n..'.'.=. x _z 1i769r4..,r Fee 3.75% 66,918 TOTAL 010 103.75% 1,851,400 i1O"'e` IropRUryaM Oa9tlmtlD I O CFC/PCL as Agent for Base VIIIaOe Owner,LLC OWE W9a I n I9 mlL2d99 Colorado Mountaln Dlvislon Iota AM Conceptual Estimate Data]] 111MOV aE990907 0ppmmMy R, Dow FPO No Fx1sa Wt aOr04,2009 AdaR 7amo,r 2009•SUMOIN007-MO-ate l9 C=plata VHUml Tampaabtlan and 0:000m Nor 242009 1pn S= nmtl 1mU9R Rmplon UNb Omm RehWfWv P.%LW CID R Wd Company AM Do70Nr Acpkhry and CpftlaaW 1 txS. ITEWORK e 1 LS atiRi a L`w,r °ra"CY° 6r#Lu`ca5 m.y 2 +rrk+. c+,g xrsvf5'r a k: '€+s Nro MIA«. _.pvw h, Vii- ' :,MKS, sy. w`kfiPaaALs+1.. IbnlCal ,;F.3-o ro .coa4 -r r. ,a i u t"'-ro. i„ QVI,D aai I6kk'IU vh"5-v`F Mw...sh..qtr i M..v„ _k+a,. r i `+".._x,.;tk Li•At c, , .,.` t F S,.,. f a E _. ..,s S 'w i e 1 ..•4...F3-F.... 41 Ws -z SITEWORK 1.00 LS DEMOLITION-ELEVATOR 02 OPENINGS 1.00 LS SAwCUTOPENINGS 48.00 LF 0.5380% 200. 91600 I..... ........... ............ .............. DEMO CONCRETE 2.00 EA 0.1058% 994. 1,x88 I..... ........... ............ .............. DEMO WJPMENr 2.00 EA 0.1121% 1,000 2,000 2 OPENINGS CONSIDERED AT ARRIVAL LEVEL AND VILLAGE LEVEL DEMOLITION-ELEVATOR#2 OPENINGS 1.00 LS 0.76% 13,168 SITE PAVERS 2,200.00 SF PAVERS AT VILLAGE LEVEL 2,200.00 Sr S.S478% 45. 99,000 AN AREA OF 110' X 20' ASSUMED AS THERE NO ACTUAL DIMENSIONS PROVI ED. SNOdMELT CARRIED WITH MECHANICAL SYSTEMS. SITE PAVERS 2,200.00 SF 5.55% 45AX 99,000 FENCE MODIFICATIONS 1.00 LS MODIFY WOOD FENCE AT VILLAGE LEVEL 110.00 IF 0.4817% 78.1 86595 FENCE MODIFICATIONS 1.00 LS 0.48% 8,595 SITEWORK IAD IS 6.79% 121,083 Nnrc.MnmwWmullu a awaanrvuispu4w SITEWORK 1 IS mama aaexV.,.,m•tcmarnaar•rwlmnawl CPC/PCL as Agent for Base Village Owner,LLC OebO i90a 2 a/19 ad ty 1009 Colorado Mountain Division 103M2 AM Conceptual Estimate Detail eeRwme aeo999o7 Pmtn"No 0m no NO rm)oR vm May 0a,2009 Nt4xt Iammry 7009.6UDAHNG 87-raNmNO W CWWIeW Vd:U"l 7n01partanOn and CalVWM Nor M 7009 a...w.wa e.w...,ow..... ImUOn SnonmeeA DO USA Fundlen Unb Amer RrAWjWanh4LLCC/ORWWC0MPR" AM OmbtN ReRldary MW fmnOm01 j CONCRETE t!!bsis eb-c-cTtt4ti,j¢ 2`,+ ' .'3 R-,:.y..u•! n, s D=iJCe.\`} d, R, M c.4 nt e:..n',..w i.l ni ..`:., teu. antlHs£.s'."r' Msa,5ari xV',t.V4o..N, .: r•e?rn sS ` m...s.3 ;. a0.kG H"}'tjy*• 1 beKrj`: LLs 4aaW-11, o1 aCcwj ff/WAro e,.•+... v.4 8.:!s CONCRETE 1.00 LS CONCRETE TOPPING SLAB OVER 1.00 LS WATERPROOFING PLACE CONCRETE 68.00 CY 0.1257% 33. 2,244 CONCRETE MATERIALS 68.00 CY 0.9527% 25O.IX 17,000 PUMP CONCRETE 68.00 CY 0.0953% 2S 1,700 FINISH CONCRETE 6,939.00 SF 0.4665% 1.2 6,324 CONCRETE WORK GE 1.00 LS 0.3082% 5,500 CONCRETE TOPPING SLAB OVER 1.00 LS 1.95% 34,766 PROTECT REBAR-ALLOWANCE 1.00 IS 0.2802% 5,000 INFILL ELEVATOR RI EAST OPENINGS 1.00 IS FORMWORK 64.00 SF 0.6245% 174.1 11,144 DRILL AND EPDXY REBAR DOWELS 60.00 EA 0.4640% 13R.01 8,280 PUMP CONCRETE 1.00 CY 0.0112% 200. 200 CONCRETE MATERIALS LOO CY GAS60% 1,000. 1,00D RACE REBAR 4.00 EA 0.0529% 236• 944 REBAR STOCKPILED FOR BALANCE OF BUILDING 97 TO BE USED 4 OPENINGS CONSIDERED CONCRETE WORK GE 1.DO LS 0.6164% 11,000 INFILL ELEVATOR 82 EAST OPENINGS 1.00 IS 1.83%1 32,568 CONCRETE 1.00 LS 4.05% 72,336 m. .OWn..mmareACemn upsq tmaatnwmlO.AU CONCRETe 1 LS rnpaemaa Wtap.wrSm•06wtra.Raa7•mPaas)a M, O 01HI Pap 7N Ui CFC/PCL as Agent for Base Vfllaae Owner,LLC IW 12,mo9 Colorado Mountain Division 1-12-42 AN Conceptual Estimate Detail BE hlaOhb OE090907 j OPPWUW No t Oam Fb w pmyQ594I Mq'W,2009 R ma LpWry 2009.OVIIDIN007-EGIwa to CmWMh VWVW TrantpmLam Wd codo m N 2q am morn V. ruarooaten okm RegW We9ft,UCC/D Rebut Camom Ara DUIDW ftgT 'W00ttlRWn MASONRY F 2 LS Ue 7 a.r. e rr e>bmGM i^< h+l1m I ;ppl a2 c< .ti yr - aQWp d t tw .a-1oNr?.TRL dgt YW NM "rs_BNt Ct Su_ ,. ..,ns..1.+ c,.... W .......,as I E-..,._ MASONRY 1.00 Ls r Vt3TONE VEN 2.............................................224.00 SF 0:9654% 78.. ........ 17:589 ASSURED TO BE 4 RIGA I MASONRY 1.00 LS 0.99% 17,584 o nwaew.. RVs..na R.wwaN RU9Tprra+\¢mmsp:.AN MASONRY 1 Ls 1 dm\R¢NW nD•SLYb)•lMynO\M O CFC/DCL as Agent for Base Village Owner,LLC 001 Jama4 d10 i I*:mQ HColoradoMountainDivisionto-.2EaAM Conceptual Estimate Detail @NUeOe aF0lO907 I oppmunly as Oamaa.W ft*d sm May 062009 ynye4 MuM 2009.6aanIN097-Erdm le lO OmMI eYartlml Tranapt mlm and 0mvieum Nm 262009 10n0en Swnwif.ODUSA e FWKUM M4 Omv ReldedfWwUaO LLC C/O Related CWnpeaT AM DeVW Rapifty No NMNUM METALS 1 LS I Ky`'rr•`-c n 'S c +Z+.S ". .! .i s"'4-I aT'Ybt ...yt y 1'?` F' { ,.,At u;n . rap '•r*, Aa. a5" ice? I METALS 1.00 LS STRUCTURAL STEEL 1.00 LS STEEL AT FLAT ELEVATOR ROOFS 120.00 SF 0.6052% 90. 10,800 STEEL AT MAIN ROOF 1,135.00 SF 2.5760% 40. 45,968 I.. .............. STRUCTURAL STEEL 1.00 LS 3.18% . -• 56,768 MISC METALS 1.00 LS ELEVATOR PIT LADDER 1.00 EA 0.0841% 1,500. 11500 ELEVATOR SAFETY OFAM-ALLOWANCE 2.DD FA 0.2802% 2,500. 5,000 MISC METALS LLD LS , "0.36% 6,560 METALS 1.00 LS 3.55% 63,268 T Ya.e.. ataws.KM9r.aunaaaa.»1u(mKaemweto+.W METALS 1 L9 apee aana9a9tt.tmr.mxna.vwt.tgxwnri O CFC/PCL as Agent for Base village Owner,LLC Omy Fs095uA m 12,20M Colorado Mountain Division lama AM Conceptual Estimate Detail eE wmev eEO9ow7 CA=UWtrNo Osm F%No paw MAY 00.2009 Pro= 3onuay 2009-BUMP=07•Esda WC=DVl VN*W TMMONULOn s00 fo¢pletlm Na 20,1009 IOCOM SII *CDUSA s~w Fl a OnnC PAkw/Waftq Uc C/O R ud C=P ny AM OsIV'v pap4t0Y MW Cadidum THERMAL/MOIS'TPROTECT 1 L6 I Z.,-Sx s: $r xb'-i: ,. +.. Cq s, t.NS'•. o{ .' ' {r$x1 tii_ -t?r, k c"'stl kv sarv'E `4F ''ii-'"h L VIM ltw- Tea x . sss..r K11t '.raterKF, F:T9L Cet 1,s eMp Ara chi Y4 ;t THERMAL/MOIST PROTECT 1.00 LS i i WATERPROOFING 6,939.00 SF VL_WATERPROOF DECK 6,939.00 SF 1.6526% 4.2 29,491 j VL-WATERPROOF 48`UP WALLS 600.00 SF 0.2017% 6. 3,600 i SEAL 300TT BETWEEN GARAGE AND BUILDING 46.00 IF 0D902% 35. 1,610 7..,.................................................................... ........... ........... ............ .............. SEAL PENETRATIONS, 25.00 EA 0.0337% 24.0 .•.,.•.... 602 WATERPROOFING 6,939.00 SF 1.98% 5.09 35,303 ROOFING 1,368.00 SF ROOFING AT BUILDING 1,246.OD SF :0.5980% O.S., .....10,670 ASSUMED ROOF TO BAVE 2' FAVE9 FLAT ROOFS AT ELEVATOR SHAFTS 120.00 SF 0.1345% 20. 2,400 j ROOFING 1,368.00 SF 0.73% 9.55 13,070 i THERMAL/MOIST PROTECT 1.00 LS 2.71% 48,373 j 4itrownm9.Wmn9u9rW lSasmuave040a TNERMAL/MOIST PROTECT 1 lS oaam9 s ECalsMrm•mma 909)ltps,a M4 O CFC/PCL as Agent for Base Vlila0e Owner,LLC oem noe 4n td m 12,2019 Colorado Mountain Division I0:32:42 AN Conceptual Estimate Detail BC NUfv se000eo7 1 olaamar NO 0e nlalb R0Act Swat May 04,2009 1A0w 7aem,T 1009-BUILDING 07-eathasteM Cem02Ga vertical T2m0orbtbnand 0:04 om Nor 20,2009 LMOM s: u`s Fur00n Uw Omer Rdated/wel"4%LICC/o Ralaw Cempanr AM j oww" Pw~&nd0xd*dal DOORS EL WINDOWS 1 Ls 9-t 2v 'ter" ,.. "Ya e, ti r x ,"' z#`• h r 9 LAY' •p.kk yt••*' .a>• 7 z3n :7 . ',- , .,v 'yG x -•`jvSm CM h"1 UnIt NFit ay i l t'`k-1 0"EditP f xA"?4 YA :A c's 6.a rausz.r>>•s..NV.J ntS.`;iK.F . ..1= DOORS&WINDOWS 1.OD LS I HOLLOW METAL DOORS&FRAMES 4.00 EA AL-ELEV MACMW HM DOOR 1.00 EA 0.1114% 1,987.9 1,988 AL-SERVICES HM DOOR 1.00 EA 0.0557% 993. 994 PI-EM ACCESS HM DOOR 1.00 EA 0.0557% 993. 994 VL-EM ACCESS HM D00R 1.00 EA OA557% ............ 993. 994 HOLLOW METAL DOORS&FRAMES 4.00 EA 0.28% 1,242.4 4,9760 STOREFRONT 1.00 LS AL-SLIDING GLASS DOOR 120.00 SF 0.7397% 110 13,260 VL-STORFRONT AT ENTRANCE 110.00 SF '0.6781% ' - . 110. 12,100 STOREFRONT 1.00 LS 1.42% 25.300 RESIDENTIAL WOOD WINDOWS 1.00 LS VL-WOOD WINDOW SUPPLY-6106' 36.00 SF 0.1856% 92 3,312 VL-WOOD WUIDOW SUPPLY-4'X6' 24.00 SF 0.0619% 46 1,104 I...... VL-WOOD WINDOW INSTALL 3.00 EA 0.0410% 243. 732 RESIDENTIAL WOOD WINDOWS 1.00 LS 0.29% 5,148 DOORS&WINDOWS 1.00 LS 1.98% 35,418 eYw.waev.,Afmneaprmuaxatmwm0a 41u DOORS9 WINDOWB 1 LS M,e tawu a edonw.r as eeNe a w r-rer r+a rw CFC1PCL as Agent for Base Village Owner,LLC ftp 3mjzm Colorado Mountain Division W=42 M Conceptual Estimate Detall BE QV%Uft Na Ovar Fk No ft*asad MY04,2009 PrPJrG Jnowv ZOOS-BUILDUM 47--,W-W to CMPIM Vertica TramPWUUW and cmukow Nov 206 2009 6 6*00USA AKKON Ulb 0r RdIted[WeAPare LLCCM UWW COMM DC99M FINISHES I IS M, RX, I ON FINISHES 1.00 LS STUCCO 2,208.00 SP VL-STUCOD 2,20&00 SF 2.47474'0 20.0( 44,160 STUCCO 2,208.00 SF 2.47%1 1 20.0( 44,160 DRYWALL 1.00 LS AL-ORYWALLAT21'HIGH 74.00 IF 0.7464% 180.0( 13,320 I.. ........... ........... ............ . ......... IXAL-ORYWALL AT IZ HIGH 69.00 If 0.4833% M 8X5 I. PI-DRYWALL AT IZ HIGH 125.00 LF 0.8756% 125. 15,625 7.. ...... ....... P2-.DRYW.AL.L.AT.12.HIGH......................................-.7.00.LF... -..-.R1?o% IMM ...........875 VL-DRYWALL AT IZ HIGH 164.00 LF ... 14, 12.5.0( ... ..2.0.,500i;8!* DRYWALL AT ELEVATOR OVERRUNS 68.00 LF 3..6.0.0.(......I..2.4.,4.8.0 DRYWALL 1.00 LS 4.66% 83,425 FLOORING 1,426.00 SF AL-RESILIENT FLOORING 948.00 SF 0.3187% rho( 5,680 PI•RESILIENr FLOORING 90.00 SF 0.00% 6.0( 540 VL-RESIUENT FLOORING 38&00 SF 0.1305% 6.0( ...... ...2,3281 i FLOORING 1,426.00 SF 0.48% 6.0( 81556 PAINTING/WALL COVERINGS 4,770.00 SF AL•PAlimNG AT INTERIOR ONLY 1,800.00 SF 0.1362% 1.3' 2,430 Pl-PAINTING AT INTERIOR ONLY 1,50040 SF 0.1135% 13 2,025 P2-PAINTING AT INTERIOR ONLY 78.00 SF 0.0059% 13 105 VL•PAINITING AT INTERIOR ONLY 1,39240 SF 0.1053% FINISHES 1 LS I t CFCIPCL as Agent for Base Village Owner,LLC cewe P"esd7 31n 11,2009 Colorado Mountafn Olvislon 10.32,40AM Conceptual Estimate Detail Ot NM*W BE090807 OMMMoylb Ow w FMM ftjC stlft May K 2002 RvW 3MUM2009-SU"V40#7- OMWAM NW 206 2009 LOMOM rwejonuft 0v FAIOWI7 f9i4 U.M0 Re btd COMPAY Nat j DedqnV F eqW ,W0xdkknM FINISHES I UP 4 Mp t W PAINTING WALL COVERINGS 4,770.00 SF 0.36% 13! 6,440 Ml!SC FINISH ALLOWANCE 1.00 LS 2.8019% 0,000 FINISHES 1.00 LS 10.79% 192,5811 kpn..naw..,+nauunwumienraiecs.TU FINISHES 1 US O CRC/PCL as Agent for Base Village Owner,LLC D\m Jm aM9a 1tR,29099 Colorado Mountain Division lo-lluaM Conceptual Estimate Detail BE WOW 9e990907 OPPa0nt7 No Om Ra NO ftw50tt MDYO4,2009 P) t Jammy 2009.0UD.DW007•rAd=ta to ConmWe V&*a TMRgWdw and ravadim NAY 242009 lPntl00 1; y UCOG, FOKUM U Once 9datsd/WeAP9 U.CC109d WCWVWY Ate\ Deg" 7top@1Ly Wd COMtlaOW CONVEYING SYSTEMS 2 Ls i T- ..- a -- a .a- vg liv~ ' ':S iG. A i ; fi a y R'i Pa(gnt Item COq a ,.,UICmta sac,' d s..•) COaR'e arStS:SOAIOgYI.yRR1e 0pYAPUOn a 5 < eyan lly . 'IIoK t"'x- yp v a= s 4 a az h i z xiaLC[ e)iz' .r ,:Ss r°ni..'.l`sis sl' A CONVEYING SYSTEMS 1.00 LS ELEVATOR NUMBER ONE 3.00 Sr 4.2029% 25,000 75,000 HYDRAULIC, 4000 LOS. 125 FPH ESCALATORS 1.00 LS 14.1778% 253,000 I...... ELEVATOR NUMBER TWO 2.00 ST 5.6039% 50,000. 100,000 MRL, 300D Los. 200 FPH CONVEYING SYSTEMS 1.00 LS 23.98% 428,000 M aO Y m9wrps0e.gonnoss9rata-x\t\mme.W\CONVEYINd SYSTEMS 1 Ls ayeOekYleA gb,r/L0,-lmtab Om),IpPYOt\Vet l O CFC/PCL as Agent for Base Vllia0e Owneq LLC Oe39 M9a 10 of 16 Ln 17.3007 Colorado Mountaln Divlslon 10:1x4 AM Conceptual Estimate Detail ae Naaron tN999aw elr aaaa NP 0a FMM mjk s ft Mar 041009 P4e2 7ammrr 2009.Wo.D=97-EMMm W CmmPkta VeIVWI Traa WW"ma CmThon NPr20,2009 Laudm 9newm % 9a F&Nftn i O:mn seWWPNes9.t.tie C/o Remm C*nW&W Area Ot,y NoplrtaryaM Of9Metlttl i MECHANICAL FIRE SPRINKLER 2 Ls f cat 1' t tt p`u` u 1 tk e kts v 44 P.aS t v carts i4 tiyy -, 1mryltaVl0eca1Peal,,y, Kk n t t..-i VR90tlha'+PS+yS.}' VOM A,a - 'Ualt Lim 0Ptyg 0D MECHANICAL/FIRE SPRINKLER 1.00 LS FIRE PROTECTION 1.00 LS ELEVATOR PIT 1.00 HD 0.0207% 370.0 370 ARRIVAL LEVEL 7.00 HD 0.1451% 370.0 2,590 1...... ........... P2 LEVEL 0.00 HD PI LEVEL-ESCALATOR 2.00 HD 0.0415% 370.0 740 P1 LEVEL-ELEVATOR 3.00 HO 0.0622% 370. 1,110 I ............ .............. VILLAGE LEVEL 3.00 HD 0.0622% 370. 1,110 I3E..... TOP 1.00 HD 0.0207% I. 370 FIRE PROTECTION 1.00 LS 0.35% 6,290 MECHANICAL SYSTEMS 1.00 LS SNOWMELT/RADIANT SYSTEMS 3,046.00 SF AL-RADIANT FLOOR HEATING 368.00 SF 0.5774% 28. 10,304 I..... PI-RADIANT FLOOR HEATING 90.00 SF 0.1412% 28. 2,520 W-RADIANT FLOOR HEATING 388.00 SP 0.6088% 29. 10,664I.. ............ .............. VL-SNOWMELT AT PAVERS 2,200.00 SF 3.4520% 28. 61,600 SNOWMELT I RADIANT SYSTEMS 3,046.00 SF 4.78% 28. 85,268 PS-CASMETHEATER 1.00 EA 0.3082% 5,500 5,500 AOD.MONAL MEOIANLCAL41LOWAN.CE 1.00 IS 1.4010% 25,000 MECHANICALSYSTEMS 1.00 LS 6.49% 315,788 MECHANICAL/FIRE SPRINKLER 1.00 IS 6.84% 124076 xWa.bmm9w0msnwa7w aaeto.AiNP>"TU MECHANICAL/LIRE SPRINKLER 1 L4 a46amaa,gelr.Fao•DSe0bYW l.gldlaM CFC/PCL as Agent for Base Village Owner,LLC Oebl Rwe 11 rR 14 u. Colorado Mountain Division o-azr:ANAN Conceptual Estimate Detail 9E tamer 8E090407 appwhvft Grit fee hwedswK may 04,1009 npRm ao .Zft9-901LDn1007-BU=W to COM140 Yodel rrm9«tatiom md cmvkum K"20.,2009 lmnm 123' A""""" Fmmmum 0R RdAWIWCSWM LLC C/O Rd-W Cmv+" Alm Dedsrm RRplerramcar m" MECHANICAL)FIRE SPRINKLER s is 9p„ mnt 1Wn a :f.d Fe,•.E '..."++-n.'.y{'L`i'.' t IS4,R1 RUN;— n ” ;Quandry T' llomy ' rY, n. -i, 'iJ Unitc6d t p,4yT0?li l-f;.S'StiA t< t k i „ a:A..A aa,?a> .,, i;?,K k!,:. . la....x ewe A.°.t-' ht u tt o:.t r T 3.v 3Y.;.aG'` 7xi i BLOB ELECTRICAL 1.00 LS WILDING ELECTRICAL 1,426.00 SF 3.9956% 50. 71,300 FIRE ALARM ALLOWANCE 1.00 IS 0.8406% 15,000 BLDG ELECTRICAL 1.00 IS 4.84% 06,300 Ii I I I mae,mnsremmnunmieu<®wem.RN BLDG ELECfISICAI 1 LS rim aeama R4R0r'/m-we,trem r-ngrva i CFC/PCL as Aoent for ease Vlllat7a Owner,LLC WAS r+ m o a 1s Colorado Mountain Division 10:n42 AN Conceptual Estimate Detail Samaria, Oman? CppNONyNO QenY faa lb I,aJeet Sort Mn O4,2009 how Htwuy 2000--RUILMO#7-Estimate to Comptete Vertlal 7Tentportatton and 00mott1m NW",7009 tooman meMm USA,ei•w••_• FmOM UW ORM RotatW/94mtpap LLC C/O Halsted Company tea pa y RcOd&vY and 806,004 CASH ALLOWANCES 1 CA sw ear , . ifp-irs r a ..s'+z'* v i. a a r <a r:.s» sJ RSr•n a li... k i,K . M A--- AL X;" II Ft e Ste? awn0'tyyyyy' a. UpNr- ,y y ..xuott twf lua Cwi .t l D]1"f... .2 %iC..sak+„t`„$;'`\ra CASH ALLOWANCES 1.00 CA i VL-GAlE TO RIASE DI WORK I..00.EA 0.0700% 1'250:. .........7:2.'"0. j VL-1/WDSCAPING/SrrE FURNISH-ALLOWANCE S.DO LS 0.2802% 51000 EMERGENCY SIGNAGE-ALLOWANCE 846.00 SF 0.1185% 2.S( 2,115 FIRE E)MNGUISHERS•ALIDWANCE 4.00 EA 0.0336% 150.0 600 I. .............. AL-PREPARE WALLIN GARAGE FOR 1.00 LS 0.1401% 2,500 IPWE.41MANCE...................................................... ........... ............ ............ .I............ ALL SIGNAGE OTHER THAN EMERGENCY SIGNAGE ALtCYANCE (ABOVC) IS BY Tam. A4LLGH77N.AT BUS DROP OFF-ALLOWANCE 1.00 IS 0.2802% 5,000NGATBUSD .................................................... ........... ........... ............ .........SDO0 VL-SITE LIGHTING-ALLOWANCE 1.00 LS 0.1%1% 3,500 SIGNAGE A MISC FINISHES-ALLOWANCE 1.00 LS 2.8019% 50,000 CASH ALLOWANCES 1.00 CA'3.92% cp.a.nmar.Aaamtw.yaua.amwaeotaM CASH ALLOWANCES 1 CA npa aqua aW atv..tm-ar.unmr-w.amaayw i O CFC/PCL as Agent for Base Village Owner,LLC awP\9a 1z 2 u 7m 12,3W9 Colorado Mountain Division 3=42AN Conceptual Estimate Detail wftm o BE090t07 opub'so,N9 I Omar Fra NO RgeRsmt N1104,M9 Mast lanug2009-- ys,, tnW l0 a7-ENmatO U Cb"JW VWw n\mpatadan W Cwvkom X"20,2009 tOmom im RWfar5VSA)a..Yw... Fmdlmlib I 01a ROAWJWaavaG UC C70 aeb9W Olm9aar Ala i Dutw PM~utl O dUff" i CONTINGENCY 1 L r. ., w{U011,.c p s` t 'n r < ` "' COSt4, m—;Lg'- I ISJmllls ltc ,ewdptW ji i L. a e, Q OAb `*S.:c"h .704,rot q /g S - " "' ° a,,SG x3. SOff.2 xtkr. ''3- .1'.11 .w CONTINGENCY 1.00 LB PROJECT CONnNGENCY 1,784,481.77 TC 110000% 0.1 178,448 CONTINGENCY L00 LS 10.00% 178,498 q r eµvr0ea.rabtnassa rollsu\aminmWqu CONTINGENCY 1 LS Iy6Mnblajµ{Y.Iym.dLt 611i).1M/\6!!Yq L OW Pao H Of 10 CFCfPCL as Agent for Bass Viffaaa Owner,UC Un IL 2009 Colorado Mountain Division IM32:42 AN Conceptual Estimate Detail ftjxtsm MWJ0y2009 ndoed havary 2000-8Un=G 0-evUrnats to CoansIda VerUcal Traaspattan;a and conlotom a"20,20" Laaft 1=CO USA I M Fundbon Ub on— RdatedIftrMa LLCWOFnd"Cn ay Ana, DnUen ftoMnr and CmftntW ADD ALTERNATES 1 is ffiggs K,mcmi -0. ADD ALTERNATES 1.00 LS EXTERIOR METAL STUDS 628.00 LF AL-9XTEPrOlt METAL STUDS lux tv I 4A0 P2-EMRIOR METAL STUDS HKX u, I OA PI-EXTERIOR METAL STUDS 27400 LF 14M EXTERIOR METAL STUDS 628.00 LF ADD ALTERNATES 1.00 LS f I ADD AL72RHATES 1 Ls O CFC/PCL as Agent for Bass Village Owner,LLC Deu PJW 1 0716 Colorado Mountain Divlslon ICAL42 AIM Conceptual Estimate Detail ai NU9W BE000807 OryuDNr Ub Oana'Rk 21f ftclw vxt My 2009 gORcl LOury 20009-,..G,.UIILDING 07.EWauta to C*M*W Vera TnmOmhUOn and 03TWOn NW20,2000 Loodon fOONINW CO USA,e..w....flNA100 U161 Dm 0.elated/WGs ac\ LLC C/O Rutted Cog"" A® DClpner ftwatapandommor W GENERAL EXPENSE COSTS 3 Ls h"YZMll Ls,F•-,akO+mr.Y f ?aa1WOO E.""- r -,N ti+Q tltY t IUd6 . ?5+r f I GENERAL EXPENSE COSTS 1.00 LS PRO3ECTSTAFF 1.00 LS PROJECT MANAGER 6.00 MO 2.4186% 7,193.3 43,160 SUPERIMENDENT 6.00 MO 2.7100% 8,060. 48,360 I ............... PROJECT MANAGER-SUBSISTENCE 6M MO 1.5803% 4,700 28,200 SUPERINTENDENT-SUBSISTENCE 6.00 MO 1.5803% 4,700.0 '28,200 I..... ..-........ ..,..._..:. ............ .............. PR03ECT STAFF 1.00 IS 8.29% 147,920 PROJECT OVERHEAD 1.00 LS PROJECT OVERHEAD AND SAFETY 1,784,481.77 TC 10.0000% 0.1 178,448 OFFICE HINT 60390 4500.03 PICKUP TRUCK 603MO 0.500 Tom 1,261.19 MOBILIZATION AND SETUP IAO LS 0.09 COURIER/EXPRESS SERVICE 6WMD 9509D CELL PHONES - 2 PA 60390 1Wz TELEPHONE 64OM0 250.03 TELEPHONE - SETUP In EA 2, W INFOIUanom SYSTEL49 TC 091 COMPUTER-HARDWARE 6.0090 675W COMPUTER-SOFTWARE 603 MO 75090 OFFICE-SUPPLIES 6.0090 15000 OFFICE-FURNISHINGS LS 403000 OFFICE-EQUIPMENT PLOTTER AND COPIER 600 MO SWW DRINKING WATER-OFFICE 6W9D 75-00 EWER/HEAT-CONSUMPTION LODMD LWO 60040 26603 PHOTOGRAPHS In LS 50090 CONSTRUCTION DRAWING LOU l5 HOUSEKEEPING SUPERVISION 6 GNO 0500 LIA PROJECT OVERHEAD 1.00 LS Y0.00% 178,448 R R w. eye4nawwBaausysa B\enxaaB Wa GENERAL EXPENSE C0575 1 LS nCarane\aMSN...9aN•a6+ub1{D7)•A`gYD\M L i i CFC/PCL as Agent for Base Village Owner,LLC Dad Pool 16 d 16 jant 2.amm Colorado Nountaln DIVislon LD.]z•4:AM Conceptual EStimate Detail xro m LLILHO60r I gpbOrtrNo Owne,Fftm ioJct 5= M"042000 plod J!WNWY 2Mqr-.BUILDING 07-FDIm\te to Compete V0001 YnnaparoUOn end Cb WWM N.IN 10.09 10u00]Cmw a4 CIm I e-.fkxUm lF,Rf Danes RelzbedM0Yh4 LLCCf0 Rdated COMPM A10 DedpOb f ,LYW'/{nd CDdtladd GENERAL EXPENSE COSTS I L9 s,>'ai S^t* 'SP.g ] e b s .:a.a w i -w C' 3`it W'+e., n''CN:% ''i-a LM 4 z.ss 3 Y o aaeRe IWn Cmt:'e-•y V rni2R7y PROIECT SAFETY 1.00 LS SAFETY AND HEATHER WEXR- STAFF 6.m FA 17500 MEDICAL/EOUIPMENT SUPPLIES LMMD Lm 300.00 TEMP FIRE EXTINGUISHERS LD7 LS 3,00600 WARNING/SAFETY SIGNS AO LS 00600 PROJECT SIGNS 4A0 FA LOCO LM LASSDO SAFETY LUNCH 6.OIM0 1 A00 SAFETY AWARDS LW FA 0010 SAFETY AND WEATHER WEAR-ROURLY 6.0010 0.006 mad 50600 PROJECT SAFETY 1.00 LS INSURANCE AND BONDS 1.00 LS LOSSES-LVRWRED 1.00 LS 01802% 5,000 ALL SUISCONYRACS'OR / TR110E CCNTMCTDR BONDS BY OANER. INSURANCE-ALL-RISK 1,851,399.84 Ta 0,0571% 0.0005 1,018 INSURANCE-PROFESS10NAL LLABIUIY 1,851,399.84 T8 01038% 0.001 1,851 I............ INSURANCE-PL QPD 1,951,399.84 TS 0.8300% 0.00 14,811 INSURANCE AND BONDS 1.00 LS 1.27% 22,881 GENERAL EXPENSE COSTS 1.00 LS 19.56% 349,049 v rnaem,gaP.rwlwlwamllsR\mPlrmlR.7w GENERAL EXPENSE CASTS 1 LS pGlW,\MM61nMWW M+YbWP01 1ANh{tYl JELD-WEN Windows and Doors Brad A.Wright JELD' f+ rEN870)481-3394 Cellular(best) 970)871-6799 Office WINDOWS @ DOORS 970)871.6798 Fax bwdght@spdngsips.com QUOTE BY:Brad Wright QUOTE#:JDBW05503 SOLD TO:PCL Construction Services Inc- SHIP TO: Snowmass Arrival Center 2000 S Colorado Blvd St 2500 Denver,CO 80222 Phone: 970.476-4554 Fax: 970.476.7320 PO#: PROJECT NAME:Snowmass Arrival center REFERENCE: Initial Bid 1-29-09 LINE NO. LOCATION BOOK CODE UNIT QTY JEXTENDED SIZE INFO DESCRIPTION PRICE rPRICE Line-1 4 Panel French COFRR12080 Door-HCP Threshold Custom Clad Outswing Fmch 4-Pnl Frame: 1419/16 X 951/8 RO Size : 142 5/16 X 95 718 Chestnut Bronze Chestnut Bronze Sash Natural Pine Interior Folding Nall Flange Standard DrlpCap, A 6 11/16 Jamb Width. 514 SIR Right Inac Ste Blk Pwdct Hdw Black Powdercoit 3pfMort Prep` Contemporary Muld-pt Hdl Set Ad)Hinges Mewed Omo E=lor.SCM 11V V Hndcap Sill 10"Btm Rail Ins Wet Int Glz Low-E 366 Tempered HI-Altitude No Grid PEV 2008A.0.1021PDV 6.M(1 V10J08)PW 4,925.48 2 9,850.98 Line-2 Stat panels COSWR3080 RO Size : 36 314 X 95 7/8 Custom Clad Outswing 1-Pnl Frame:36 X 95 118 Chestnut Bronze Chestnut Bronze Sash Natural Pine Interior Folding Nail Flange Standard DrlpCap, 611/16 Jamb Width. 5/4 Sta i Maud rmm Exterior.sore: IW-1' Hndcap Sill 10"Sim Rail Ins Wet Int Glz Low-E 366 Tempered HI-AlBtude No Grid PEV 2008./A.102lPDV 8.320(102M8)PW 1,587.95 4 6,35190 00•t22861 QW46155 Pago 1 013 Vdmnadledlaft4 ) J0815US -VAMiIN Mote Darr IAVM09 Mr4pssmb tsod mrcrma o*mdmryndbe tovWs %.AS cnknm9f*d to mdrrby JEL0t1EN LmiLlaeasllRBrMS9 LINE NO. LOCATION BOOK CODE UNIT CITY EXTENDED SIZE INFO DESCRIPTION PRICE PRICE Line-3 Trapezoids Above Main Line Item RO Size : 144 314 X 84 3/4 Frame Size: 144 X 84 Custom Clad Mull Stack Mull, Casement/Awning Product, Chestnut Bronze Exterior, Natural Pine Interior, Nall Fin(Standard), No SIII Nosing, Standard DripCep, 1 Wide viewed uom Ekiwbr.Scala. 12••T 1 High, Factory Mull, 6 11/16 Jamb, 5/4 JE-5/4 Reveal Thick, Insulated Low-E 366 Annealed Glass, High Altitude, Traditional Screen Stop PEV 2008.4.0.1821PDV 3.324(1 VIS M)PIN 3,247.08 2 6,494.16 Line-3-1 (Al) j RO Size 36 3/4 X 85 X 66 5/8 Frame Size:36 X 84,LEG-HIGH=66 iCustomCladGeometric, Direct Set Trapezoid PITCH=(6/12) Chestnut Bronze Exterior, Natural Pine Interior, Nall Fin (Standard), vowed tom Ezbdor,scale: tie-•V 3 3/8 Jamb, Casement/Awning Detail, Right Hand DP 35, Insulated Low-E366 Annealed Glass, High Altitude, Traditional Screen Stop Line-3-2(B2) RO Size 36 314 X 67 X 48 518 Frame Size:36 X 66, LEG-HIGH=48 Custom Clad Geometric, Direct Set Trapezoid PITCH =(6/12) Chestnut Bronze Exterior, Natural Pine Interior, Nail Fin(Standard), 3 318 Jamb, Casement(Awning Detail, Right Hand Vlawed Dam Emedw..Scale: V4'•1' DP 35, Insulated Low-E 366 Annealed Glass, High Altitude, Traditional Screen Stop I I i O04=1 OMMI5S Page 2 013 (Pdaaeeawtodw4a.) mBNmssoD•1i18R07s•tele Owto Oats 1r18M DMA"IeatrftgMhrtrcear MdmaynotbebaodtWe.JVWdw%=9 clbM*WbyJELD-KN LatmodllmtrArm LINE NO. LOCATION BOOK CODE UNIT QTY EXTENDED SIZE INFO DESCRIPTION PRICE PRICE Line-3.3(C3) RO Size 36 3/4 X 49 X 30 518 Frame Size:36 X 48,LEG-HIGH=30 Custom Clad Geometric, Direct Set Trapezoid PITCH=(6/12) Chestnut Bronze Exterior, Natural Pine Interior, Nail Fin(Standard), 3 3/8 Jamb, vmwea bom EX aOw.ScaW 1/4'-f Casement/Awning Detail, Right Hand DP 35, Insulated Low-E 366 Annealed Glass, High AJUtude, Traditional Screen Stop Line-3-4(134) RO Size 36 3/4 X 31 X 12 5/8 Frame Size:36 X 30,LEG-HIGH= 12 Custom Clad Geometric, Direct Set Trapezoid PITCH=(8/12) Chestnut Bronze Exterior, iNaturalPineInterior, VlatmU bom E#erWr.Scde: 1H'•r Nall Fin(Standard), 3 3/8 Jamb, CasemenUAwning Detail, Right Hand DP 35, Insulated Low-E 366 Annealed Glass, High Altitude, Traditional Screen Stop Total: 1$22,696.92 Sub Total: +$22,696.92 Taxes(4.4 a/6): $998.66 NET TOTAL: '$23,695.58 Total Units: 8 i i I 004AM aaHIBM Page 3 of VMMatj0dtDdaa%I JDewm.trruM-16:m OMMOMveaM ftj&WanarV4Mmrmm o*anameymbemaaawan uaamaoagwmm1rnMJEU)-M Lauaamed Ma MEMORANDUM To: Town of Snowmass Village From: WHITE, BEAR&ANKELE, P.C. Special District Counsel to Base Village Metropolitan Districts Nos. 1 & 2 Re: Transit Center Ownership and Operation Date: February 5, 2009 This Memorandum will address the staff comments contained in the Meeting Packet for the February 2, 2009 Town Council Meeting and comments made by the Town Council at the meeting regarding the long term maintenance of the Transit Center and vertical circulation facilities by the Base Village Metropolitan Districts and the Town's right to use, operate and control the Transit Center after completion. Lon?Term Maintenance. As an initial matter, the Amended and Restated Consolidated Service Plan for Base Village Metropolitan District Nos. 1 and 2 ("Districts") approved by the Town on October 17, 2006 ("Service Plan") enumerates the Districts' powers as public entities, including but not by way of limitation, to operate and maintain street improvements and parking structures, parking facilities, and public transportation facilities including transit centers, bus bays, escalators, elevators and other facilities for conveyance of the public (which includes the Transit Center and vertical circulation facilities). In conjunction with approval of the Service Plan, the Districts and the Town of Snowmass Village General Improvement District No. 1 entered into an Intergovernmental Agreement on September 30, 2006 ("GID Agreement")which sets forth the use and application of the Districts' tax revenues to support such public improvements. The GID Agreement lists the public infrastructure improvements, including the Transit Center, required to be provided through the Districts as the financing mechanism for such improvements. To that end, District No.2 issued tax-exempt bonds in 2008 ("Bonds') to fund construction of certain of the public improvements and approximately $13 million has been applied to construction of the Parking Garage, including the Transit Center. The Bonds are solely obligations of the Districts; Town revenues are not pledged to payment of the Bonds. However, the Districts are required to operate and maintain the Parking Garage, including the Transit Center, for the use and benefit of the public in order to meet the Districts' fiduciary obligation to comply with the Bond requirements and operate as public entities. Pending the acceptance of the public improvements by Base Village Metropolitan District No. 1 and within the framework of the Service Plan, District No. 1 recently has entered 00220508.DOC\1)1 into three agreements that govern the District No. I's commitment to operate and maintain the public improvements in accordance with the original program for dedication and acceptance of these improvements. These agreements include: i)the Parking Garage, Loading Docket and Transit Center Easement Agreement dated July 24, 2008 ("Easement"); ii) the Parking Garage Management Agreement dated November 26, 2008 Management Agreement"); and iii) the Parking Garage Shared Use Agreement which has not yet been signed but was approved at the Metro District meeting on January 28, 2009 ("Shared Use Agreement'). The Easement was entered into prior to completion of the Parking Garage in connection with the issuance of the Bonds. The Easement provides the District with perpetual non- exclusive access to the Parking Garage and operates in conjunction with the Shared Use Agreement. Now that the Parking Garage is operational,the Shared Use Agreement further identifies the Transit Center, the common drive aisles and access areas (Common Use Areas) and the Districts' parking areas, as the areas available and required to be operated and maintained for the use and benefit of the public at large in accordance with the Bond requirements and consistent with the Districts' status as public entities. The vertical conveyance is one of many improvements within the Parking Garage that is not specifically identified as a distinct area, but falls within the general Common Use Areas that provide public access to the Transit Center and the Districts are authorized under the Service Plan to own and operate that type of improvement. The Management Agreement sets forth the terms for the day-to-day operation and maintenance responsibilities of District No. 1 for such facilities setting forth a detailed scope of work for every aspect of the facility. Detailed maintenance schedules and budgets are being finalized as the Parking Garage is in its first quarter of operation, and can be provided to the Town upon completion. Town's Right to Use, Operate and Control the Transit Center After Completion. Prior to the conveyance of the public improvements to District No. 1, the Service Plan, the Metro District's Rules and Regulations, and the agreements referenced above govern the public access to, and the operation, maintenance, and control by District No. 1 of the Transit Center and related public improvements for the use and benefit of the public. Transfer of ownership of the Transit Center to the District is not what provides the public access to the vertical conveyance or to the Transit Center for bus service and other authorized uses. The District has the right to use the premises per the Easement and the Parking Garage Shared Use 00220508.DOC\1}2 Agreement, and the obligation to operate and maintain the District-areas for public use per those agreements. The District Rules and Regulations and the Management Agreement provide the basic guidelines and specific responsibilities for operations. The Parking Garage Shared Use Agreement specifically acknowledges the developer's and District No. I's responsibilities in meeting the Town's requirements under the 2004 Base Village Parking Management Plan, which provides that: For destination riders and transit providers, seven bus and shuttle parking stalls will be provided at the Village. The circulation plan has been developed to provide the necessary bus/shuttle bays per the Town's Comprehensive Plan. A two-way bus/shuttle circulation plan has been developed with bus-only lanes to ensure transit vehicles are given the necessary priority." The Shared Use Agreement further sets forth the program for acceptance and conveyance of the public portions of the Parking Garage to District No. 1 in accordance with the requirements of the Bonds. In order to balance between the on-going development-related uses of the Parking Garage including required construction staging, a date-certain for conveyance of the Transit Center under the condominium regime has not been able to be determined at this time. However, the Shared Use Agreement sets forth specific criteria for moving that process forward consistent with, in particular, requirements relating to the tax-exempt status of the Bonds. The Districts have taken the steps to insure that the Districts' interest in the Parking Garage, and the ownership and operation of the Bond-financed facilities are for the use and benefit of the public. Any proposal for expediting the transfer of the Transit Center and vertical conveyance, and to open the Transit Center as a fully operational facility to valet, shuttle and bus service and other authorized uses, may be considered by District No. 1 and BVO consistent with the Shared Use Agreement. The underlying agreements and development requirements that pre-date the existence of the Districts, the Service Plan that was approved by the Town, and the requirements under the Bond documents, lay the groundwork for the successful financing and construction of the Parking Garage and related facilities. The current structure and relevant agreements provide the necessary assurance of public access and long term operation and maintenance of the facilities, including the Transit Center and vertical conveyance,through cooperation between the Town and the Districts. Copies of all of the relevant documents and the Districts' Service Plan have been provided with this memorandum. 100220508.DOC\1 13 To: Town of Snowmass Village MEMORANDUM From: WHITE, BEAR&ANKELE, P.C. Special District Counsel to Base Village Metropolitan Districts Nos. I & 2 Re: Transit Center Ownership and Operation Date: February 11, 2009 This Memorandum will address staff comments in addition to those received in the Meeting Packet for the February 2, 2009 Town Council Meeting and comments made by the Town Council at the meeting regarding the long term maintenance of the Transit Center and vertical circulation facilities by the Base Village Metropolitan Districts and the Town's right to use, operate and control the Transit Center after completion. This Memorandum supplements our prior Memorandum of February 5, 2009. Service Plan of the Districts. The Base Village Metropolitan District Nos. 1 and 2 ("Districts") are quasi-municipal entities empowered to provide certain public infrastructure, improvements and services, as described in the Title 32, Article I (the"Special District Act") and more particularly described in the Amended and Restated Consolidated Service Plan for Base Village Metropolitan District Nos. 1 and 2 (the "Districts")approved by the Town on October 17, 2006 ("Service Plan"). The Service Plan,is the enabling document that broadly enumerates the Districts' powers granted by the Special District Act, similar to the Town's home rule charter. However, those district powers are granted within specific limitations. The Districts are charged as public entities to be the caretakers of the public improvements that are constructed, financed, operated and maintained by the Districts, in the same manner as any other public entity. As noted in the prior memorandum the Districts are authorized to provide the following public improvements, including but not by way of limitation, to operate and maintain street improvements and parking structures, parking facilities, and public transportation facilities including transit centers, bus bays, escalators, elevators and other facilities for conveyance of the public (which includes the Transit Center and vertical circulation facilities). The Service Plan also anticipates the Districts providing public services and operating and maintaining the public improvements that are financed or provided by the Districts through intergovernmental agreements, including with the Town or other service providers. The Special District Act specifically limits the Districts' ability to act outside of the parameters of the Service Plan. In the event the Districts act in a manner that constitutes a material departure from the Service Plan, without permission of the Town, such action may be 280831v:2 enjoined by the Court that approved the organization of the Districts upon its own motion or motion by the Town. Section 32-1-207 (3) (a), C.R.S. The Districts and the Town may determine at some point that the Service Plan needs to be updated, and in that case the District would need to petition the Town to make a material modification of the Service Plan and the Town would process such a request through its approval process or as if submitted as an original service plan. Section 32-1-207 (2), C.R.S. In addition to the statutory rights to approve material modifications to the Service Plan, the Intergovernmental Agreement between the Town and the Districts dated May 4, 2005 and appended to the Service Plan sets forth the limitations with respect to material modifications under the Service Plan("2005 IGA"). The approval rights in the 2005 IGA were specifically negotiated at the time of approval and resulted in the modification to the original service plan for the Districts, resulting in the approval in 2006 of the Service Plan. The 2005 IGA specifically provides that a material modification shall include any matters enumerated in Section 32-1- 207(2), C.R.S. as well as four other specific matters relating to the issuance of debt, inclusions and condemnation proceedings. A copy of the 2005 IGA is appended to this supplemental memorandum for your reference. i Thus, the Service Plan with all ofjits limitations is the governing document that the Districts are bound by and the Town's remedies in the event of a material departure from the Service Plan are spelled out in the statutes and the 2005 IGA. In addition, the Intergovernmental Agreement by and among the Districts and the Town of Snowmass Village General Improvement District No. 1 ("GID") that was entered into effective as of September 30, 2006 as a condition to approval of the Service Plan implements the relationship between the Town and the Districts with respect to the financing and operation of the public improvements being provided by the Districts as broadly provided for in the Service Plan. Similarly the Service Plan anticipates the Districts entering into other intergovernmental agreements to specifically address day-to-day operational matters. The Districts have entered into an intergovernmental agreement that sets forth how the Districts work together to provide the public improvements and services under the Service Plan. This structure demonstrates the role that the Town continues to have in the functioning of the Districts. The Districts were created to accommodate specific needs of the Town as an alternative to financing the public improvements through the GID, as noted in the Introduction to the Service Plan. The Town reviewed and approved the Service Plan in the normal course of the formation of the Districts under Sections 32-1-202, et seq., C.R.S. After approval, the Town's role in the functioning of the public improvements provided by the Districts had remained an active one, through the use of operational-level intergovernmental agreements. Proposed IGA with Town for Building 7 Public Parking Facilities 280831 v:2 The Districts are required to operate and maintain the Parking Garage, including the Transit Center, vertical conveyances and related public improvements and facilities (the Building 7 Public Parking Facilities"), for the use and benefit of the public in order to meet the Districts' fiduciary obligation to comply with the Bond requirements and operate as public entities in compliance with statutory requirements. Pending the acceptance of the public improvements by Base Village Metropolitan District No. 1 ("District No. I") and within the framework of the Service Plan, District No. 1 recently has entered into the Parking Garage, Loading Docket and Transit Center Easement Agreement dated July 24, 2008 ("Easement'), the Parking Garage Management Agreement dated November 26, 2008 ("Management Agreement"), and the Parking Garage Shared Use Agreement which has not yet been signed but was approved at the District No. 1 at a District Board meeting on January 28, 2009 ("Shared Use Agreement") (collectively, the "Parking Garage Agreements"). While the above-referenced easements and agreements provide the necessary assurance of public access and long term operation and maintenance of the Building 7 Public Parking Facilities, the Districts will work with the Town to enter into a joint operations agreement for the administration of the Building 7 Public Parking Facilities ("Joint Operating IGA") in connection with the development approval requirements currently pending before the Town for Building 7. It is the intent of District No. 1 to enter into the Joint Operating IGA with the Town to facilitate the acceptance of the Building 7 Public Parking Facilities by the District No.I while assuring certain access priorities and long-term maintenance obligations with respect thereto. The Joint Operating IGA will provide, among other things, for priority use by the Town and the Roaring Fork Transit Authority of the Transit Center and allow for additional use of the Transit Center for valet, shuttle, limousine, charter bus, or other transportation services for the benefit of the public as the Town may determine. The Joint Operating IGA will set forth the obligations of District No. 1 to provide for the operation and maintenance of the Building 7 District Parking Facilities consistent with the Service Plan and other intergovernmental agreements currently in place with t}ie Town. It is anticipated that the developer of the project, Base Village Owner, LLC and its successors or assigns, will be responsible for the long term maintenance of certain improvements associated with the Building 7 Public Parking Facilities and the remainder of the Building 7 improvements not accepted by District No.1. Please feel free to contact the Districts if you have any questions: c/o William P. Ankele, Jr..1805 Shea Center Drive, Suite 100, Highlands Ranch, Colorado 80129. 280831 v:2 rRELATPED January 26,2009 Dear John and Steve: Attached you will find the plans by Oz Architecture dated January 261h, 2009 showing the proposed configuration for the clinic patient transfer area, and correspondence with 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 reviewed this information and that meets your needs for this facility. Thanks for your assistance in the resolution of this matter. 1 Sincerely, Scott Stenman Related Westpac 11C John Mele Fire Marshal, Snowmass Wildcat Fire Protection District S Steve Sewell Mountain.Manager, Aspen Ski Company 1111 IRISH . . ca ei 1 IIIIIIIIIIIIIIIIIIIIII II \ 111J11 1I_ I1C I. II II/,/_ I,I palr' I• IrI p • r , I• Ir eBi f IIII 111IIIIII IIPe\III c.11lleIlil 1p llll, l_ ll IIe'I' Ii/ I, I'II II/ I, III' I Ier. n I sIiI LIs sI lt6IVV V na a ' 9ana:= OOra , Oa oa 90, pp pp I„ I polo • ggaq• 11 1 1 leacal Issl lsal R cr _ Iracpl lesca : fl i 1 vi caei cs li IIVII IIVIIIIITIIIIII ui aei a. VII6VIIIVV6mll c no. : w_ i_=_ rn . ene o. ro 00 oea n Ir== I__=_ I__=; IIIIIVIIIIIIVIIIIIIIIIIVIIIIIII I— I IIVIVVIUIVIVV1111 lo e ss_ sal iVIVIVIVI I ILIr II II ,' I L _ IIIIIVIIIIIillee' III IIIIIIIP_ IIIIIIIIICIIIIIIIIIIIIm 1_ I 11! VIII€ VIII A IiaC l o 1• 1 1• Q 4 MMAIN I • SNOWMASS BASE VILLAGE Building 8 January 26, 2009 nnLu Q X IUL The lay- by area surface will be a flush with the adjoining sidewalk. Stamped concert, colored EXISTING 4" concrete or pavers will be used to III N I kl ® 6 MOUNTABLE delineate the lay- by area. Signage 0 CURB L _ FIRE TRUCK will be provided to inform the I LAY- BY public this pull off is only for fire GATE ARMS WITH k trucks. The area will be designed REMOTE ACCESS FOR EMERGENCY to hold 80, 000 Ibs which is the VEHICLES imposed loads of the fire truck. i CLINIC DRIVE EMERGENCY ACCESS DIAGRAM KEYPLAN YAIE: 1:30 DRIVE AT CLINIC- EMERGENCY ACCESS DIAGRAM rRELATEDT C SNOWMASS BASE VILLAGE Building 8 January 26, 2009 CLINIC VISITORACCESS EMERGENCY RG ENTRANCE EEXIT ONLY I EMERGENCYEXIT ONLY o o OCCUPANT 8 N a 403. 5' 00 8399. 79' LOAD - 61 7, 0„ 1. 46% SLOPE SNOW MELTED DRIVE 5'- 9„ 1. 00% SLOPE GURNEY LIFT V i AMBULANCE LITTER— D — — SNOW MELTED 14'- 5" 8'- PLATFORM/ WALK 8 CANOPY ABOVE YASSUME 2'- 6" SNOW SKI BACK TRAIL BOUNDARY I TRANSFORMER CURB & GUTTER POWERED LIFT - CONNECTED 1. 00% SLOPE TO BACK BUILDING GENERATOR 14. 63SLOPE EYPLAN SKI BACK TRAIL ENLARGED CLINIC DRIVE LAN 0 09szoor uxe Ve'- i rRESELATEDTPAC SNOWMASS BASE VILLAGE Building 8 January 26, 009 t I/ AJ LI IL— JI IIdJ ` I W:1j Ju LLy L/ JJ I I L — I I T- G I :.. _ LEVEL LEVEL P1 Ep- 8414 i w D JU o LEVEL P2 Y 8403. 5 I:'' e' 1.";. O CANOPY ABOVE O ASSUME 2'- 6" SNOW app 1% GRl DE II 9 SNOWMELIED PLATFORM/ I I s 9 1 6. 46% GRADE WALK ® 8403. 5' PLATFORM LIFT BEHIND CURB) LEVEL P3 g g8 ENLARGED CLINIC DRIVE ELEVATIONKEYPLAN DRIVE AT CLINIC - ENLARGED ELEVATION rRELATEDc BuildingJanuary 26, 2009 POWER GURNEY ATE LITTE ANSI LIFTPLATFORM_ 8403. 5 T.O. C. LOADING DOCK ASSUME 25. SNOW ON SKI BACK Tf21AL• • \\\\\\\\\/\/\\/\\/\ 8400. 43 TO AT AMBULANCE DRIVE j\\/ j °: // jam//\//\\\//\\\\ j j\//\\// j /\\//\\\/\\\ j\\/\\//\/////\// KEYPLAN CLINIC CLINIC EMER.EXIT AMBULANCE DRIVE- PLATFORM SECTION GURNEY LIFT AMBULANCE - LITTER J SNOW MELTED PLATFORM/ WALK SKI BACK TRAIL PLATFORM LIFT DRIVE AT CLINIC - BUILDING SECTION r0 RELSATEPADC W i January 26. 2009 Power- PRO'" Stryker powered ambulance cot EMS Equipment 3800 E Centre Ave. W- 16 Portage. MI 49002 USA U 269 329 2100 f. 269 329 2311 t.^ I, loll free 800 784 4336 e msstrykeccom Standard Features S_ pectf7eations w e 2) DBWALT' 24 volt industrial grade batteries Model Number 6500 DeWALT' industrial grade battery charger( fan cooled) Height'( infinite height positioning between lowest and highest position) Automatic in- cot fastener shut- off Lowest Position 14" 36 cm) Manual back- up system Highest Position 41. 5" 105 cm) Automatic high- speed retract Length Battery powered hydraulic lift 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' 125 lbs 57 kg) Color- coded controls Wheels High visibility powder- coated frame Diameter 6" 15 cm) Light- weight, rugged aluminum construction Width 2" 5 cm) Scientifically- optimized lift bar and control design Articulation Lower lifting bar Backrest 0- 73° Lift- capable safety bar Shock Position 15° Integrated bumper system Knee Perforated litter surface Maximumm 30° W eight Capacity' 70016s 318 kg) W One- hand release retracting head section with Minimum Operator Required Occupied Cot 2 safetybar Unoccupied Cot 1 Floor- mounted safety hook Recommended Fastener System One- hand release, Cold- down side rails Floor Mount Model 6370 or 6377 One- hand release, infinite positioning, lift assist Wall Mount Model 6371 pneumatic backrest Recommended Loading HeighH Up to 36" ( 91 cm) Oversized wheels with sealed caster and wheel bearings Sealed bolster mattress Warranty Shock position One- year parts, labor and travel warranty on all soft goods Two lap belts and one four- point shoulder restraint Two- year parts, labor and travel warranty on entire cot excluding Single wheel lock soft goods Pull handle Three- year parts, labor and travel warranty on X- frame components X- frame guards Three- year limited warranty on powertrain components Power washableOptional Features Height measured from bottom of mattress, at seat section, to ground level. 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 capacity of SOO lbs. patient right or left) Permanent or removable oxygen bottle holders Load wheel height can be set between 26" and 36". foot end) Stryker reserves the right to change specifications without notice. Sealed flat mattress In- service video included with every order. Premium mattress Tire Power- PRO is designed to conform to the Federal Specification for Dual wheel locks the Star- of- Life Ambulance KKK- A- 1822E. Head extension The Power- PRO is designed to be compatible with competitive col Pillow fastener systems. Equipment hook Backrest storage pouch Patents pending. Head end storage flat DeWALT° battery charger( 12v, 110v and 220v CStryker Corporation models available) 08- SEN 2328m Mkt lit- 152 R, B Orswtir• ea, eassm vaaa+ akd aocs aDecssK Knee Batch DRIVE AT CLINIC - RECOMMENDED EQUIPMENT rRELATED SNOWMASS BASE VILLAGE January 26, t Gillespie Corporation FOUNDED IN 1923 r 34 PINE STREET, P. O. BOX 359 WARE, MA 01082- 0359 TEL: 4131967- 4980 FAX: 4131967- 9534 WEBSITE: wmi. gillespiecorp. com E- MAIL: salestftillespiecorp. com j f - 6 1/ 2• GATE CLEAR January 16, 2009 Re: Snore mass Base Villaee Gurney Lift 5•_. 2•- 0 tU y! 2 GATE CLEAR PLATFORM This letter is to state that the gurney lift being designed for Snowmass Base Village will 6'- c• CLEAq meet or exceed the safety requirements of ANSUASME A18. 1 Safety Standard for HOISTVAY a• Platform Lifts and Stairway Chairlifts. Variances may be required for capacity and platform area. The gurney lift will be sized to accommodate a 24" x84" stretcher, and will have a capacity of 2, 0001bs. Sincerely,John C. Linsley i Engineering Manager 2. Gillespie Corporation Snowmass Rasa Vlllago Suoswmass. doc SnowmassAwg 1/ 15/ C9 JCL 2 2' PLATFORM a 2, 000 lbs 2 25 Fpm 3,- 6' rl$ P 8•- 7' CLEAR I- mIST VAY 1'- 0' pig minimum PLAN VIEW 42' high cab wolfs and 90te5 42' high londirg railing gates with interlocks 1\ V \ RETAINING RETAINING WAf, L js BELOW j V arr 1 e._._, IF y,, U) j Q I C W C o cr r G Qo EHU Q, B. O. H. B m a CLINIC j V LU O f ` e m service i D Reim& Rescaurart W Sla RelateA FarimesCorrrrwrrtyFacriAes MOUNTAIN y Excluaolu if% i CLUB Residentlal RELATE Studio 1 LEVEL P2 FLOOR PLAN t Bedroom 0 = 2 Bedroom O = 3 Bedroom 4 BedroomLock- oft A2. 1 . 2 LEVEL P2 - A2. 1 . 2 - PROPOSED RELATED W E S T P A C Buildin Minor PUD Amendment January 15, 2009 C \ l \ Q\ P 8-3 84. 9 s\\\ WAO 11 I1 II II I II ------- 11 II I I r--- ll I II II III Yhl III II II Ft(---- 1 II II IU II I II I , , 11 J 11_ -_ JL--- II O I° I II S 1 X ff W/ D t I I I l o ry I } a II II I O r 1 Aw J --. EMPLOYEE HOUSING UNITS AS CURRENTLY PROPOSED r W RELATE c January 14, 00 Pl 1U J LOWER E- 2 ... B- 1" E- 1 a, rr LOW r \ V O` • e r r rIl Se v ce 2 Reim& Fiesteu2rR k: r.. Ski RelalWFackires L*F CunnwiityFacikes 41 ' 1 Y C- 2 C-, FxclusionsResidentialStudioBedroom TRI^ RO LEVEL FLOOR PLAP Q = 2 Bedroom Q = 3 Bedroom 4 BedroomLock- off THIRD LEVEL - A2 . 1 . 6 - PROPOSED rRELATED BASE Amendment Minor PUD JjlanUary 15. W E S T P A C 2008 MM v r U Dm 00 SNOWMASS BASE VILLAGE,SNOWMASS,COLORADO BUILDING 8 01 DEVELOPMENT STATISTICS AMENDMENTPROPOSEDMINORPUDAMENDMENT OCCUPANCY Unit Type Unit a P13 P2 P•/ Village 2nd Flow 3rd Floor 4N Floor Total Unite Unit Area Total Arm U.E. STUDIO I UNITA-1 I EH 1 1 1 529 529 TYWO BEDROOM I UNIT&5 I EH 1 1 I 96B 968 Employee lousing Subtotal lUNts/Fbor 0 2 0 0 0 0 0 2 Net Area 0 1,497 0 0 0 0 0 1,497 ONEBEDROOM EUNIT 1 1 1,256 1,256 0.6000 ONEBEDROOM 1 1 1,256 1,256 0.6000 ONE BEDROOM 1 1 1256 1.256 0.6000 ONEBEDROOM 1 1 1,256 1,256 0.6000 ONE BEDROOM 1 1 1,256 1.256 0.6000 ONEBEDROOM 1 1 1 1,256 1256 0.6000 ONEBEDROOM 1 1 1,256 1,256 06000 ONEBEDROOM 1 1 1,023 1,023 0.5000 ONEBEDROOM 1 1 1,022 1.022 0.5000 ONEBEDROOM 1 1 1.000 1,000 0.5000 O BEDROOM UNIT Bd 1 1 1,430 1,430 0.7000 O BEDROOM LOCK UNIT C.1 1 1 1,980 1.980 1,1500 O BEDROOM LOCK UNITG1 1 1 1.980 1.980 1.1500 TWO BEDROOM LOCK UNIT C-2 1 1 2,021 2.021 1.2500 O BEDROOM LOCK UNIT C-2 1 1 2.021 2.021 12500 O BEDROOM LOCK UNIT C-3 1 1 1,679 1,679 0.8500 TWO BEDROOM LOCK UNIT C-4 1 1 2,077 2,077 1.2500 O BEDROOM LOCK UNIT C-5 1 1 2,125 2,125 1.3500 O BEDROOM LOCK UNIT C-6 1 1 1.950 1,950 1.1500 THREE BEDROOM LOCK UNIT D-2 1 1 2.644 2.644 2.0000 THREE BEDROOM LOCK UNIT D-2 1 1 2,644 2,646 2.0000 THREE BEDROOM LOCK UNIT D-1 I 1 2.799 2.799 1 22500 THREE BEDROOM LOCK UNIT 0.1 1 1 2.811 2.811 1 2.5007 M FOUR BEDROOM TWO LOCK UNITE-7 LOWER 1 1 2.817 2,817 72500 Ye / FOUR BEDROOM 7WO LOCK UNITE-1 LOWER 1 1 2.817 2,817 7.2500 FOUR BEDROOM TWO LOCK UNITE-1 UPPEfl 1 1 1.932 1.932 M FOUR BEDROOM TWO LOCK UNITE-1 UPPER 1 1 1.932 1.932 rOOBEDROOM LOCK UNITE-2 LOWER 1 1 1.258 1,258 1.5500 T O BEDROOM LOCK UNIT E-2 UPPER 1 1 1.135 1.135 V THREE BEDROOM LOCK I UNITE-3 I 1 3,599 3.599 42500 Typical Residential Subtotal Units/Floor 0 0 5 6 7 7 2 0 27 55.489 M Net Area 0 0 9,183 9,960 13.146 13.171 10.028 0 55,488 44.8500 RESIDENTIAL SUMMARY UNITS/FLOOR 0 2 5 6 7 7 2 0 I 56.985 N NET AREA 0 0 9,183 9,960 13,146 13,171 10,028 0 55,488 44.8500 SHARED AREA 0 2,042 2,052 1,345 1,651 1.641 1,899 0 10.630 D Employee housing 0 97 0 0 0 0 0 0 1,497 Circulation 0 245 1 1,415 1.345 1,651 1.641 1,591 0 7.BBB t I Health Club 0 C300 60 0 0 0 0 0 1,260 N Other-housekeeping 0 0 0 0 0 0 308 0 308 GROSS AREA.NET SHARED 0 2.042 11.235 11,305 14.797 14.812 11.927 0 66.118 LOCKOFFS 3 3 4 4 5 1 19 4 RETAIL 8 RESTAURANT SUMMARY 333_ 0 0 3,519 0 0 0 0 3.882 NRETAIURESTAURANT SUBTOTAL I 333 3.549 3.882 7 COMMERCIAL SERVICES SUMMARY 8.508 2,739 457 519 0 0 0 0 10221 RACK OF HOUSE 1 2.400 500 2,944 LOBBY 2,136 2,136 ELEVATOR L008Y/STAIR CORES 1,018 445 457 519 2,439 m O ELEVATOR 282 282 LUGGAGE 251 CORRIDOR 416 1,750 2,166 T STORAGE B HOTEL KITCHEN 0 C SKI RELATED FACILITIES SUMMARY 0 4,210 0 0 0 0 0 0 5,210 FUTURE CLUB AND LOCKER 5.210 0 5.210 COMMUNITY FACILITIES SUMMARY 234 5,434 4,791 0 0 0 0 0 10,462 UN-ENTITLED SPACE 0 4.794 1 1 F 4,794 DCLINIC 234 5.431 I I 1 5.888 7 BUILDING SUMMARY GROSS FLOOR AREA 7,073 15,425 16,486 15,373 14,797 14,812 11.927 0 95,893 M RESIDENTIAL 0 2,042 11.235 11,305 14,797 14,812 11,927 0 66,118 Z COMMERCIAL SERVICES 11,500 2.739 457 519 0 0 0 0 10,221 RETAIL B RESTAURANT 333 0 0 3.549 0 0 0 0 3,882 SKI RELATED FACILITIES 0 5,210 0 0 0 0 0 0 5.210 COMMUNITY FACILITIES 234 5,434 4,794 0 0 0 0 0 10,462 n mFi Z BLDG. 8 PLANT SCHEDULE - TREES SYMBOL OUAN. BOTANICAL NAME COMMON NAME SIZE TREES 2 Ater glaGum RailY manlain maple 2.5' CAL. 4 Malus' SPAN Srw, s^ Sprang$ row Crabapple 2S CAL. G7TT((..\\ dd'& 2 Popuus angus111dia Nanos, leal cottonwood 3' CAL, O' 1 PUP , angustddia Nartwvleal cottonwood 4' CAL. 1 Populus angusuldia Narrowleal GUttollV 35 TALL fCr-•_ L-/ 9 Populus uemulaAes Ouaking aspen 3' CAL, 12 Populus Vamuldaes Quaking aspen 3' CAL. 4 Populus Vemuleides Quaking aspen T CAL, rr 1 PopuWS pemubbes Quaking aspen 8' CAL. i--' \ 1 Pk a Erglemami Engloman Spruce 12- 14' 1 Pkae Englemanii Fogleman Spmna 1618' 1 Picea pungens Colorado Niue spruce 10. 17 5 Pieea purgers Colorado due spruce 12- 14' 4 Pkea pungens Colorado Nue spruce 18- 18' i r ,\ 1 P. pungens C. wede due spruce 20. 27 2 Mies c Acdte White Fir 12- 14' 1 Abies concolor While Fir 1618' r-,••° 10. 17 1 Pinus ansWe Brlefim., e Pno 1 Pinus anstate Bds9econe pine 12- 16 1 Pseutlotsuga menzmdi Douglas Fa 10. 17 O 3 Pseuotsuga menziesii Dolas Fir 12- 14' Bldge 8 2 Psaudotsuga menziesii Douglas Fir 18- 18' o IN A / C 08 8 worksJesian, in[. 3457 Rigsby CL unit 110 Deno,, CO 80218 p. 303433. 4257 /. 303433, 4359 BLDG. 8 PLANT SCHEDULE - TREES SYM OUAN BOTANICAL NAME COMMON NMIE TREES TREES SME 7 iD PP PICEA PUNGENS CCLCVw SPRUCE 12' 3 PM MCEA PUNGENS VAR GI UGA COLORADO BLUE SPRUCE 12' l 2 PM PICEA PUNGENS VAR GLAUGA COLOPPDO BLUE SPRUCE W PE PICEA ENGELMANNU ENGELM N SPRUCE 10' T PE PICEA F EWANNII ENGELMANN SPRUCE 1T 5 PE PICEA ENGELMPNNII ENGELMANN SPRUCE 18' 2 PA POPULUS ANGUSTIFMA NARROWLEAF COTTONWOOD 3' CM- 1 PA POPULUSANGUBOFMA NARRIXNLEAF CORONWCOD 4' CM- PA POPULUS ANGUSiIPOLIA NARROWIFAF COTTONWOOD 38' TALL 17 PT POPULUS TREMULOIDES OUNONG ASPEN 28" CAL 17 PT PCPULUS TREMULOIDES QUAKING ASPEN 3' CAL. i PT POPULUS TREMULOIDES OW ASPEN V 8 AG ACES GLABRUM ROCKY MOUNTAIN MAPLE 8 CLUMP n AT ALNUSTENUIFQIA TNINLEA ALDER 8' CLUMP IV Snow storage shown in blue hatching y x 10 j Olk T Y works 013 ujdinW 8 design, inc. yy```--\\\ 3457 H. 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