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03-02-09 Town Council PacketOk wNAL WO T, 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. SERIES 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 Donna Spaulding..................................Page 1 (TAB A) CONSENT AGENDA ITEM 5 Item No. 5: RESOLUTION NO. 06, SERIES OF 2009- SPECIFYING PERIODS DURING WHICH CONSTRUCTION ACTIVITY WILL BE LIMITED OR PROHIBITED Time: 15 minutes) ACTION REQUESTED OF COUNCIL: Adopt Resolution No. 6, Series of 2009 Jason Haber..........................Page 3 (TAB B) Item No. 6: NORDIC TRAILS PLAN Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Adopt the Pitkin County Nordic Trails Plan Hunt Walker................................... .......Page 8 (TAB C) 03-02-09tc Page 2 of 3 Item No.7: STATE OF THE WATERSHED REPORT PHASE 1 - FINDINGS Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Listen to report and ask questions. Mark Fuller.............................................Page 46 (TAB D) Item No. 8: PUBLIC HEARING FIRST READING OF CARBON MONOXIDE DETECTOR ORDINANCE No. 1, SERIES OF 2009 Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Approve first reading, modify or deny ordinance No. 1, Series of 2009 Mark Kittle..............................................Page 47(TAB E) Item No. 9: DEED RESTRICTION POLICY ON FOR SALE UNITS Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Modify policy to allow employees working less than 1 year in Snowmass Village to qualify for the purchase of a residence in Snowmass Village Terri Everest and Russ Forrest...................Page 54 (TAB F) Item No. 10: ENVIRONMENTAL ADVISORY COMMITTEE DISCUSSION Time: 20 minutes) ACTION REQUESTED OF COUNCIL: Provide direction to staff concerning the creation of an environmental advisory committee for the Town. Jason Haber........................:..................Page 67(TAB G) Item No. 11: REVIEW AND DISCUSSION OF RENEWABLE ENERGY OFFSET PROGRAM FEES AND APPLICABILITY PROVISIONS Time: 30 minutes) ACTION REQUESTED OF COUNCIL: A. Review the Renewable Energy offset Program (REOP) fees pursuant to the provisions of Section 18-224.7.b of Ordinance No. 11, Series of 2008 B. Discuss the applicability provisions of Section 18-224.7 of Ordinance No. 11, Series of 2008; and C. Provide direction to staff concerning proposed amendments to Ordinance No. 11, Series of 2008 Jason Haber...........................................Page 69 (TAB H) 03-02-09tc Page 3 of 3 Item No. 12: DISCUSSION REGARDING LOCAL RETAIL AND DEMOLITION: A PLANNER'S 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.............................................Page 77 (TAB 1) Item No. 13: MANAGER'S REPORT Time: 10 minutes) Russell Forrest ..........................................Page 82 (TAB J) Item No. 14: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 86 (TAB K) Item No. 15: APPROVAL OF MEETING MINUTES FOR: NOVEMBER 3, 2008 AND FEBRUARY 2, 2009 Page 88 (TAB L) Item No. 16: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 104 (TAB M) Item No. 17: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 4 hours and 5 minutes (excluding items 1-3 and 14—17) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. MEMORANDUM TO: Snowmass Village Town Council FROM: Donna J. Garcia-Spaulding, Deputy Town Clerk DATE: March 2, 2009 SUBJECT: Resolution No. 5, Series of 2009 - I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL The purpose of this resolution is to extend appreciation to Dan Alpert for his many years of service to the Town of Snowmass Village on the Citizen's Grant Review Board. II. BACKGROUND Dan Alpert was appointed by the Town Council of Snowmass Village as a Member of the Citizen's Grant Review Board on July 24, 2003 and continued serving through December 31, 2008. III. STAFF RECOMMENDATION Staff would recommend approval of Resolution No. 5, Series of 2009 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 051 SERIES OF 2009 A RESOLUTION EXPRESSING APPRECIATION TO DAN ALPERT FOR HIS SERVICE AS A MEMBER OF THE CITIZEN'S GRANT REVIEW BOARD. WHEREAS, Dan Alpert was appointed by the Town Council of Snowmass Village to serve as a Member of the Citizen's Grant Review Board on July 24, 2003 and continued serving through December 31, 2008; and WHEREAS, Mr. Alpert's hard work and excellent attendance record have been an asset to the Citizen's Grant Review Board; and WHEREAS, the Town Council appreciates Alpert's dedication as a Member of the Citizen's Grant Review Board; and WHEREAS, Mr. Alpert's dedication, leadership, and contributions to this Town Board will be missed. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado. The Citizens of Snowmass Village, the Snowmass Village Town Council, the Snowmass Village Citizen's Grant Review Board, and the entire Town Staff hereby express their sincere gratitude and appreciation to Dan Alpert for his contribution to promoting a strong community+ and enhancing the quality of life for our citizens. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 2nd day of March 2009 upon a motion made by Council Member .—, seconded by Council Member -- and upon a vote of-- in favor and — opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: DONNA J. GARCIA-SPAULDING, Deputy Town Clerk MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: March 2, 2009 SUBJECT: Resolution No. 6, Series Of 2009, Specifying Periods During Which Construction Activity Will Be Limited Or Prohibited Pursuant To The Regulations Of Snowmass Village Municipal Code Section 18-3 And Section 18-10.2(D)2 I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL Adopt Resolution No. 6, Series of 2009. II. DISCUSION The days and hours of construction activity within the Town are regulated pursuant to SVMC Section 18-3. Section 18-3(a) states that: No noise producing construction or excessive vehicle activity shall be permitted during the hours on Sunday or legal holidays. In addition, SVMC Section 18-10.2(d)2 states that: The Town Council may choose to further prohibit, or otherwise limit excessive noise-producing construction and vehicle activity, including road and lane closures, or other construction-related activities from occurring during Peak Seasons (Winter and Summer), major special events and other holidays throughout the year. Council Resolution shall determine specific dates defining these periods and days on which such activities are prohibited or limited. In order to provide adequate notice and clear expectations to contractors and developers, such Resolution should be adopted prior to March 1"of each year. However, Council shall retain the right to alter or amend such Resolution at any time, as deemed necessary by the Council. (Note: emphasis added.) SVMC Section 18-10.2(z) establishes seasonal restrictions (i.e., Peak vs. Shoulder Seasons) related to Traffic Control throughout Town (i.e., lane closures, traffic delays, etc.). This section is available upon request from the Town Clerk. Adopting Resolution No. 6, Series of 2009 would accomplish the following: 1. Defines "legal holidays" for the remainder of 2009. 2. Establishes dates defining the 2009 Peak and Shoulder Seasons. 3. Establishes several construction prohibitions/limitations concerning 2009 special events. III. CONCLUSION Staff is recommending approval of Resolution No. 6, Series of 2009. 1 2 3 Town of Snowma"ss Village 4 Town Council 5 6 Resolution No. 6 7 Series of 2009 8 9 10 SPECIFYING PERIODS DURING WHICH CONSTRUCTION ACTIVITY WILL I1 BE LIMITED OR PROHIBITED PURSUANT TO THE REGULATIONS OF 12 SNOWMASS VILLAGE MUNICIPAL CODE SECTION 18-3 AND 18-10.2(d)2 13 14 15 WHEREAS, the Town of Snowmass Village has the authority to 16 implement regulations for new and existing construction within the limits of the 17 Town, and 18 19 WHEREAS, the days and hours of construction activity within the Town 20 are regulated pursuant to Section 18-3 of the Snowmass Village Municipal Code, 21 and 22 23 WHEREAS, Section 18-3(a) states that no noise producing construction or 24 excessive vehicle activity shall be permitted during the hours on Sunday or legal 25 holidays, and 26 27 WHEREAS, on November 5, 2007, the Town Council adopted Ordinance 28 No. 12, Series of 2007, An Ordinance to be Implemented into Chapter 18 of he 29 Town of Snowmass Village Municipal Code to Establish Standards and 30 Regulations for Construction Management, and 31 32 WHEREAS, Section 18-10.2(d)2 of Ordinance No. 12, Series of 2007 33 authorizes the Town Council to prohibit, or otherwise limit excessive noise- 34 producing construction and vehicle activity, including road and lane closures, or 35 other construction-related activities from occurring during Peak Seasons (Winter 36 and Summer), major special events and other holidays throughout the year, and 37 38 WHEREAS, Section 18-10.2(d)2 of Ordinance No. 12, Series of 2007 39 states that a Council Resolution shall determine specific dates defining the 40 periods and days on which such activities are prohibited or limited, and 41 42 43 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of 44 Snowmass Village, as follows: 45 46 47 1 48 Section One: 49 50 1. "Legal Holidays" for the remainder of 2009 shall include the following: 51 a. Monday, May 25 — Memorial Day 52 b. Friday, July 3 — Independence Day 53 c. Monday, September 7— Labor Day 54 d. Thursday, November 26 —Thanksgiving Day 55 e. Friday, December 25 — Christmas Day 56 57 2. The 2008/2009 Winter Peak Season shall run through the Aspen Skiing 58 Company's scheduled closing day of the Snowmass Ski Area on April 12, 59 2009. 60 61 3. The 2009 Spring Shoulder Season shall commence on April 13, 2008, and 62 shall run through June 30, 2009. 63 64 4. The 2008 Summer Peak Season shall commence on July 1, 2009, and 65 shall run through Labor Day, on September 7, 2009. 66 67 5. The 2009 Fall Shoulder Season shall commence on September 8, 2009, 68 and shall conclude on November 25, 2009, one day prior to the Aspen 69 Skiing Company's scheduled 2009 opening of the Snowmass Ski Area. 70 71 6. For the period beginning at 12:00 p.m. on June 5, 2009, and running 72 through June 6, 2009, no lane closures or construction activity shall be 73 permitted to occur on any of the Town's public roadways, sidewalks, or 74 trails. These limitations are imposed to ensure and enable safe and 75 convenient access and transit service to the Snowmass Chili Pepper and 76 Brew Fest. 77 78 7. No lane closures or construction activity shall be permitted to occur on any 79 of the Town's public roadways, sidewalks, or trails after 12:00 p.m. on 80 each of the seven (7) Thursdays between July 2, 2009 and August 13, 81 2009 (July 2, July 9, July 16, July 23, July 30, August 6, August 13). This 82 limitation is designed to ensure safe and convenient access to the 83 Snowmass Summer of Free Music Series. 84 85 8. No lane closures or construction activity shall be permitted to occur on any 86 of the Town's public roadways, sidewalks, or trails after 12:00 p.m. on July 87 2, 2009. This limitation is imposed to ensure safe and convenient access 88 to the Snowmass Independence Celebration. 89 90 9. For the period beginning at 12:00 p.m. on July 17, 2009, and running 91 through July 18, 2009, no lane closures or construction activity shall be 92 permitted to occur on any of the Town's public roadways, sidewalks, or 2 93 trails. These limitations are imposed to ensure and enable safe and 94 convenient access and transit service to the Chef Rock Event. 95 96 10.No lane closures or construction activity shall be permitted to occur on a 97 portion of Brush Creek Road and Highline Road (between the Snowmass 98 Village Recreation Center and Owl Creek Road) on August 22, 2009. This 99 limitation is imposed to ensure safe and convenient access to the 100 Aspen/Snowmass Ride for the Cure. 101 102 11.No lane closures or construction activity shall be permitted to occur on any 103 of the Town's public roadways, sidewalks, or trails during the period of 104 September 4, 2009 through September 6, 2009. This limitation is imposed 105 to ensure safe and convenient access to the Jazz Aspen Snowmass 106 Labor Day Festival. 107 108 Section Two: Effective Date. This Resolution shall become effective on March 109 2, 2009. 110 I I I Section Three: Severability. If any provision of this Resolution or application 112 hereof to any person or circumstance is held invalid, the invalidity shall not affect 113 any other provision or application of this Resolution which can be given effect 114 without the invalid provision or application, and, to this end, the provisions of this 115 Resolution are severable. 116 117 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 118 Snowmass Village on March 2, 2009 upon a motion by Council 119 Member I the second of Council 120 Member and upon a vote of in favor 121 and opposed. 122 123 124 TOWN OF SNOWMASS VILLAGE 125 126 127 128 129 Bill Boineau, Mayor 130 131 132 ATTEST: 133 134 135 136 137 Rhonda Coxon, Town Clerk 138 3 139 140 APPROVED AS TO FORM: 141 142 143 144 145 John Dresser, Town Attorney 4 MEMORANDUM TO: Snowmass Village Town Council FROM: Hunt Walker DATE: March 2, 2009 SUBJECT: Pitkin County Nordic Trails Plan I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: To adopt the Pitkin County Nordic Trails Plan. II. BACKGROUND The Nordic Trails Plan was presented to the Council on May 5, 2008 with a recommendation from the Trails Committee to adopt the Nordic Trails Plan with changes regarding the grooming of existing and new multi-use trails. Also the Trails Committee requested the Nordic Trails Plan include language acknowledging that regulations for the use of trails on the Snowmass Club Golf Course are established by the Town subject to the Recreation Use Agreement between the Snowmass Club and the Town of Snowmass Village. The Nordic Council was willing to accommodate the changes regarding the grooming of the multi-use trails. Also they were willing, in the next amendment of the Nordic Trails Plan, to acknowledge the Town's authority to set regulations for the use of the trails on the Snowmass Club Golf Course. Ben Dodge's letter attached) outlines the Nordic Council's commitment on these two items. Regarding enforcement the Town's Police Department agrees that the Nordic Council/Pitkin County Open Space Rangers be permitted to patrol the Nordic Trails within the town of Snowmass Village for the purpose of educating the Public. However, if an enforcement issue occurs where someone needs to receive a ticket or a summons to court, the Snowmass Police should be called to perform this duty. The Town of Snowmass Planning Department agrees to refer land use applications, which could potentially affect Nordic Trails, to the Nordic Council for their review and input. III. RECOMMENDATIONS Staff recommends Council adopt the Nordic Trails Plan. ASPEN SNOWMASS NORDI( OUN(IL Russ Forrest July 9, 2008 Town Manager Town of Snowmass Village P.O. Box 5010 Snowmass Village, CO 81615 Dear Russ, The Aspen Snowmass Nordic Council thanks you for your assistance in the resolution of the multi use trail issues on the Snowmass Golf Course. We especially want to give credit to Jeff Tippet for his excellent facilitation of the public process to resolve these issues with the Snowmass Trails Committee. The challenge has been to accommodate the needs of pedestrians (i.e. walkers with or without snowshoes), pedestrians with dogs and pure cross country skiers (classic and skate). We feel that creating a multi use trail on the golf course provides a good platform for walkers and dog owners separate from the ski trails. Correspondingly, maintaining a ski/snowshoe-only trail platform will hopefully address the needs of the skiing community. The Aspen Snowmass Nordic Council is committed to providing the best trail experiences possible and believes that the suggestions made by the Snowmass Trails Committee will be a positive step in the right direction. We will order and install the signage to implement those suggestions next season and will make the appropriate changes to the Nordic Trails map at its next printing. Those changes are as follows: 1. The Village Way multi-use trail begins at Assay Hill and ends at Anderson Ranch. 2. The Anderson Ranch (or West) loop is a multi-use trail. 3. One of the two trails (the one nearest Brush Creek Rd.) leading from the east end of the Homestead Townhomes to the Black Saddle Restaurant (Nordic Center in winter) will become a multi-use trail. Along with the implementation of these items into our operations, we will also include references to the following points raised in our discussion in the next amendment of the Pitkin County Nordic Trails Plan. 1. Grooming of trails on the Snowmass Club golf course takes place subject to and as a result of a recreational use agreement between the Snowmass Club and the Town of Snowmass Village. 2. Regulations for the use of trails on the Snowmass Club golf course are established by the Town subject to the recreational use agreement. We appreciate your efforts and those of the Snowmass Trails Committee to improve Nordic skiing in Snowmass Village. ards, en Dodge President, Aspen Snowmass Nordic Council P.O. Box 10815 Aspen, Colorado 81612 www.aspennordic.com TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 8 SERIES OF 2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, ADOPTING THE PITKIN COUNTY NORDIC TRAILS PLAN WHEREAS, the Aspen Snowmass Nordic Council seeks to continue its goal of providing a seamless skiing experience with high quality trail platforms connected to and within the community centers in Pitkin County, and WHEREAS, the Nordic Council, in its advisory capacity to the Pitkin County Open Space and Trails Board, in the spring of 2007 undertook a planning process that would provide the local jurisdictions with a tool to help insure the security of the existing Nordic trails network and to provide opportunities for additional trails, and WHEREAS, Pitkin County, City of Aspen, and Town of Basalt have adopted the Pitkin County Nordic trails plan NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, That the Town of Snowmass Village adopts the Pitkin County Nordic Trails Plan, a copy of which is attached. READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 3rd of March, 2009 upon a motion made by Council Member the second of Council Member and upon a vote of_in favor and opposed. Council Member was absent. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor APPROVED AS TO FORM John Dresser, Town Attorney ATTEST: Donna J. Garcia-Spaulding, CMC Deputy Town Clerk Pitki n County Nordic Trails Plan 1 fig ' 91 n . " 4 . r y. II Adopted by the Pitkin County Board of County Commissioners January 9, 2008 ASPEN SNOWMASS NORDIC (OUNOL tP), CREDITS STAFF Dale Will,Director,Pitkin County Open Space and Trails Program GaryTennenbaum,Pitkin County Open Space and Trails Land Steward Jeff Woods,City of Aspen Parks and Recreation Manager Stephen Ellsperman,City of Aspen Parks and Open Space Director Austin Weiss,City of Aspen Trails Coordinator PITKIN COUNTY OPEN SPACE AND TRAILS BOARD Hawk Greenway Anne Rickenbaugh Jesse Boyce Tim McFlynn Franz Froelicher CITY OF ASPEN OPEN SPACE AND TRAILS BOARD Fred Peirce,Chairman Howie Mallory Jesse Boyce Arthur"Boots"Ferguson Charlie Eckart Phillip Jeffreys ASPEN SNOWMASS NORDIC COUNCIL Ben Dodge,President Mirte Mallory,Vice President Howie Mallory,Secretary Robin Ferguson,Treasurer Peter Looram David Polovin Bob Wade Casey Warta J.E.DeVilbiss,City of Aspen,City Council representative Michael Hutton,Aspen Skiing Company representative John Wilkinson,Town of SnowmassVillage,Town Council representative Pitkin County Board of County Commissioners representative Assisted by: Design Workshop,Inc. Aspen,Colorado Austin Weiss City of Aspen Trails Coordinator Acknowledgments The Aspen Snowmass Nordic Council would like to thank all the supporters of the NordicTrail System, especially those people who attended the Plan meetings.Special thanks to contributors to the Plan document including Cherrie Galante,Scott Messina and Bob Wade for the use of their photographs.Mark Pearson for the maps and Warren Ohlrich for the adapted existing trail descriptions. Jonuory 9,2008 PiWn County Nordic Trails Plan EXECUTIVE SUMMARY Aspen and Snowmass are among the foremost destination ski resorts in the world. Along with four world-class alpine ski areas,the upper Roaring Fork valley offers extensive cross-country skiing opportunities with over 100 kilometers of groomed trails.The Aspen Snowmass Nordic Trail System (Nordic Trail System) is maintained by Pitkin County Open Space and Trails and overseen,in an advisory capacity,by the Aspen Snowmass Nordic Council (Nordic Council).The Pitkin County Nordic Trails Plan (Plan) is the culmination of over 20 years of community participation and experience with the Nordic Trail System.This document formalizes the short and long term goals of the Nordic Council to improve and expand the cross-country skiing experience in the mid to upper Roaring Fork Valley. The Aspen Snowmass Nordic Council seeks to continue its goal of providing a seamless skiing experience with high quality Nordic trail platforms connected to and within the community centers in Pitkin County. This may be achieved by resolving methods of roads crossings and acquiring critical trail easements.In addkion,this document outlines plans for future trail improvements and additions to the cross-country skiing system.This document includes the design guidelines required for maintaining the trail system,as well as facilities and operations goals. There was great community support during the process of developing the Plan,as well as public recognition of the excellence of the Nordic Trail System and the work of the Nordic Council. Also,during the process it became apparent that there is an increased need in the mid-valley Pitkin County communities for trails opportunities similar to those available in the Aspen and Snowmass areas.A strong mid-valley support group also exists. This document highlights the community benefits provided by cross-country skiing and reinforces the importance of securing existing and future trail corridors such that the Nordic Trail System is not compromised in the future by increased development or climate change.The Nordic Council has reaffirmed its commitment to building a legacy of linking communities through an inclusive,high-quality,and enduring Nordic Trail System. Finally,a primary objective of this Plan effort is to have the relevant govemmental entities- Pitkin County Open Space and Trails Board,Ptkin County Commissioners,City of Aspen Council,City of Aspen Open Space &Trails Board,the Town Council of Snowmass Village and Town Council of Basalt,adopt the proposed Plan so that: where relevant,their respective Community Development departments incorporate the Plan in their review of land use applications and; that the Nordic Council becomes a referral entity to the Community Development departments when properties/easements identified in this vision are in transition. January 9.2008 AWn Canty Nordic Troils Plan TABLE OF CONTENTS BACKGROUND I. The Role of the Nordic Trail System in the Community . . . . . . . . . . . . 2 2. The Aspen Snowmass Nordic Council . . . . . . . . . . . . . . . . . . . . . 2 History Pitkin County Open Space anclTrails Board Organizational Structure Existing Partner Groups 3. Aspen Snowmass Nordic Trail System Existing Conditions. . . . . . . . . . . 4 Overview Hubs and Spokes of the Nordic Trail System Aspen Snowmass Vicinity Existing Nordic Trails Map Other Existing NordicTrail Systems in Pitkin County Users Access to NordicTrails Operations 4. The Planning Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Public Input and Meetings Comparable Plans Plan Adoption Process and Referral Opportunities Use of the Plan THE VISION I. Vision and Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 2. Nordic Trails Design Guidelines . . . . . . . . . . . . . . . . . . . . . . . .13 Variety ofTerrain Guidelines for Grooming Chart Photographic Examples ofTrails Grooming Categories 3. Nordic Trail System Infrastructure . . . . . . . . . . . . . . . . . . . . . . .IS Road Crossings—Over,Under,At-Grade Signage Facilities Access and Parking ionuory 9.2008 Pinkin County Nordic hails Plan 4. Guiding Principles for Trail Improvements and Expansion. . . . . . . . . . . .17 S. Nordic Trail System Proposed Improvements. . . . . . . . . . . . . . . . . .19 Aspen Vicinity Nordic Trails Opportunities Map I: Aspen Vicinity Nordic Trails Map Snowmass Village Vicinity Nordic Trails Opportunities Map 2: Snowmass Village Vicinity Nordic Trails Map Mid-Valley Vicinity Nordic Trails Opportunities Map 3: PitIdn County Nordic Trails Opportunities Map Long term Trails Opportunities 6. Nordic Trail System Outreach and Collaboration. . . . . . . . . . . . . . . .26 Partnering and Coordination User Groups Outreach APPENDIX:EXISTING NORDIC TRAILS DESCRIPTIONS ionuory,9,2008 Pitkln County Nordic Tmik Plan BACKGROUND I", A• a LL, RF VI January 9,2008 PftWn Counry Nordic imils Plan I. THE ROLE OF THE NORDIC TRAIL SYSTEM IN THE COMMUNITY As an integral part of the community fabric,Nordic trails are an extension of the summer trail system. They provide winter recreation,tourism,community health opportunities,and alternative transportation. These cross-country ski trails create connections between the City of Aspen,the Town of Snowmass Village, and the Town of Basaft.As such,the Aspen Snowmass Nordic Trail System is one of the premier systems in the country. Over the past twenty years as the quality of skiing continues to improve,the use of the trails by diverse audiences has increased dramatically.The cross-country ski and snowshoe trails are utilized by individuals, families,local schools,the senior center,the recreation department and the Aspen Valley Ski Club. These groups enjoy different aspects of the ski trails from day tours,to athlete training,to family excursions,to moonlight tours. Cross-country skiing and snowshoeing are an excellent complement to alpine skiing.Increasingly,alpine skiers venture onto the Nordic trails in between days up on the mountain thereby experiencing a different side of the Roaring Fork Valley. The community benefits are summarized as follows: Community—The Aspen Snowmass Nordic Trail System (Nordic Trail System) and related events provide opportunities for exercising and social interaction.Recreational centers become focal points for communities,especially if centers for different but compatible uses are grouped together. For example,the Aspen Recreation Center,the Aspen Valley Ski Club,and the public schools are all close together and serve as a hub for a network of Nordic skiing trails. Encouraging people to recreate and exercise out of doors promotes a healthy lifestyle. Economics—The valley's strong economics are based on the resort town nature of the up- valley communities,especially Aspen and Snowmass Village.Nordic skiing is a winter recreational activity that supplements or provides an alternative to downhill skiing—sometimes called the"5th Mountain:' The Aspen Cross Country Center and the Snowmass Cross Country Center provide rental equipment and lessons to customers of whom many are vacationing with an alpine skier. Nordic skiing attracts visitors for both Nordic recreation and racing with special events such as the NorAm"Owl Creek Chase:'With more recreational opportunities,people extend their stay furthering contributions to the economy. Environment—As the Nordic Trail System's connectivity improves,Nordic skiing becomes an alternative mode of commuting,similar to bicycling in summer,resulting in decreases in car use. Nordic skiing's environmental impact is less than other heavy infrastructure sports and the activity is adaptable to climate change due to the ability to locate trails at higher elevations.The Nordic Council strives for high environmental standards.For example,the Nordic Council has helped implement a tree-planting program and the 2007 Owl Creek Chase was a carbon-neutral event. 2. THE ASPEN SNOWMASS NORDIC COUNCIL History The Aspen Snowmass Nordic Council (Nordic Council) was formed in the early 1980s as a non-profrt organization dedicated to preserving and improving cross-country skiing in the Aspen and Snowmass area at no charge.The Nordic Council was first supported by extensive grassroots donations,plus the City of 2 onwry 9,2008 Pitkin County Nordic iroih Plan Aspen,Pitkin County,and theTown of Snowmass Village.In the late 1980s these entities joined together in an Inter-governmental Agreement (IGA)to help ensure the continued success of the system.The City of Aspen has done an excellent job of administering the funds collected through the IGA and working towards a seamless trail experience. Pitkin County Open Space and Trails Board In 1990,the Pitkin County Open Space and Trails Board was formed to oversee the acquisition and management of open space and trails in Pitkin County.The Board was responsible for all activities that might occur on the open space parcels,including land management and the development of mufti season trails. The activities of the Board and the staff members have been supported by a mill levy tax that has been approved by the voters of Min County several times for periods of multiple years. In November 2006,voters approved the Pitkin County Open Space and Trails mill levy re-authorization, which included funding the Nordic Trail System in Pitkin County until 2020.Thus the full funding responsibility for the Nordic Trail System and the activities of the Nordic Council were transferred to the Pitkin County Open Space and Trails program. The Nordic Council acts in an advisory capacity to the Pitkin County Open Space and Trails Board.Its role is to oversee and direct the general operation of the Nordic Trail System.Its mission is providing quality Nordic trail platforms.This requires seamless (uninterrupted) skiing and acquisition of trail easements. Organizational Structure Currently the Nordic Council continues to function as an IRS 501(c)(3)tax exempt not-for-profit organization.While basic funding for the Nordic Trail System will be from the Pitkin County Open Space Board,the Nordic Council can continue to receive private funding.The community contributes to the Nordic Council,through small individual contributions collected in boxes at the trails and during an annual membership fund raising campaign.Also,many individuals (landowners) contribute in-kind by donating trail easements or constructing critical trail links and road crossings. Nordic Council funds have not been used to acquire trail easements.Trail alignments are either donated by private landowners for winter use only,or they are acquired through the local jurisdictions based on the recommendations of the Pitkin County Open Space Board. The funds provided by Pitkin County are used primarily for base operations including trail maintenance, staffing and equipment Funding for additional proposed improvements to the Nordic Trail System would be evaluated on a case by case basis.The City of Aspen Parks Department staff maintains the system through its trails program under the direction of the Pitkin County Open Space and Trails Land Steward. The Nordic Council may assist in coordinating acquisition ofwintertrail easements.Trail ownership and easements are held by the agencies that purchased or otherwise obtain them. The Nordic Council coordinates with the appropriate jurisdictional organizations to maintain,enhance and secure trails. Currently the jurisdictional organizations are Pitkin County,the City of Aspen,and theTown of Snowmass Village.As the Nordic Trail System expands,theTown of Basalt may be included,see"The Vision" section of the document January 9.2006 3 Pitkin County Nordic Trails Plan Existing Partner Groups Due to the diverse locations of the trails and their close relationship with community infrastructure, partnerships with counties,towns and cities are necessaryTo date,the Nordic Council coordinates with the following partners for diverse needs: City of Aspen and Town of Snowmass Village Aspen Skiing Company—access to the Government trail,use of the Snowmass Golf Course, crossing of both the Snowmass and Buttermilk/Tiehack ski areas,and parking Roaring Fork Transit Agency (RFTA) —provides transit connections,grooms sections of the Rio Grande Trail Maroon Creek Club — Maroon Creek Club trails Colorado Department ofTransportation (CDOT) —access,snowplows for parking Aspen Cross-Country Center and Snowmass Cross-Country Center Private landowners,Homeowners Associations and Metropolitan Districts on whose land trails or easements are located Regulatory agencies such as the United States Forest Services on whose land trails or easements are located 3. ASPEN SNOWMASS NORDICTRAIL SYSTEM EXISTING CONDITIONS Overview The Aspen Snowmass Nordic trail system distinguishes itself as one of the largest free cross-country ski systems in North America.With over 100 kilometers of groomed skiing,the majority of the system is maintained for both classic and skate skiing (although some trails are classic-only).Daily trail grooming is done with either small snowcats or snowmobiles. Hubs and Spokes of the Nordic Trail System The Nordic Trail System currently has three physical hubs:two privately operated cross-country centers located on golf courses central to the communities of Aspen and Snowmass Village (Aspen Cross Country Center and the Snowmass Cross Country Center) and the Aspen Valley Ski Club (AVSC) Clubhouse on the Aspen High School Trails.The cross-country centers offer a variety of facilities including ski rental,food and beverage,restrooms,and showers. The AVSC Clubhouse is the central hub for all youth ski programs. The trails extending from these hubs are wide,providing for classic and skate skiing with a range of easy to intermediate terrain.These trails are the most heavily used,highly maintained,have the widest tracks,and offer mufti-use opportunities. The NordicTrail System's spokes offer several distinct ski experiences.For example,east of Aspen along the Roaring Fork River,the North Star Nature Preserve provides a mellow,contemplative ski while the Aspen High School Trails are challenging and heavily used for training,coaching,and racing purposes.The Owl Creek Trail provides a rolling and scenic ski between Aspen and Snowmass leading to the varied terrain and trails at Snowmass Village. Designated dog-friendly trails are included in the Nordic Trail System allowing people to ski and walk with their dogs.These trails include the Village Way Trail extending from the Snowmass Village Base Area to the Two Creeks lift,the Bernese Boulevard on the Aspen Golf Course,and the Marolt Property Loop.The Rio Grande Trail,Maroon Creek Road,and Independence Pass are also dog-friendly areas (though not all included in the Nordic Trail System). See the ExistingTrails Map,following,and the ExistingTrail Descriptions in the Appendix. 4 Jonuory 9,2008 Pitkn County Nordic Toils Plan o 8 o a s ASPEN SNOWMASS VICINITY EXISTING NORDICTRAILS MAP Brusn Ged fld Aspen Cross- Country Center Snowmass t rr Cross- Country Center Hwy 82 ASPEN r eSt on Mtn. 1 8 Other ExistingTrail Systems in Pitkin County The Rio Grande Trail offers a Nordic ski connection between Aspen and Basalt when snow and weather conditions permit.It is a heavily used multi-use trail that passes by communities such as Woody Creek and Basaft.The No Grande Trail from Carbondale to the Catherine's Store Bridge is groomed periodically,though to a lesser degree due to minimal snow cover,by the Roaring Fork Transit Authority's trail staff. Spring Gulch,outside of Carbondale,is managed by the Mt Sopris Nordic Council and provides skiers with 19 kilometers of groomed trails. Ashcroft Ski Touring,privately owned and operated,located in the scenic Castle Creek Valley south of Aspen offers very good skiing and a restaurant The Roaring Fork Club in Basalt is required,as a part of its PUD,to provide public Nordic ski trails on its golf course.To present,the details of how this trail network will be managed have not been resolved and grooming is sporadic. T Lazy 7,a private snowmobile outfit located at the snow closure of Maroon Creek Road,grooms the public Maroon Creek Road for both skate and classic skiing,and even has a warming but and beverages at Maroon Lake. Users The NordicTrail System is a winter trail system and is used by a wide variety of people and groups.The focus of the Nordic Council is to provide platforms for recreational and competitive classic and skate skiing.Snowshoe use is allowed in designated areas (not in classic tracks) on many of its trails.Designated dog-friendly trails are included in the NordicTrail System allowing people to ski and walk with their dogs on leash. Walkers,runners,and bicyclists are permitted on designated trails only and certain trails are maintained for multi-use,with a combination of a clear(snowless) and a snow-covered platform. The winter users of snow-covered trails are as follows: Classic skiing—recreational Classic skiing—competitive Skate skiing—recreational Skate skiing—competitive Snowshoers Dogs and owners Other compatible over-the-snow human-powered users Organized user groups include the following: Youth Programs—Aspen Valley Ski Club (AVSC),Nordic Wolves (mid-valley and down-valley youth program),Aspen Elementary and Middle Schools,Colorado Rocky Mountain School Aspen Senior Center 6 Jonucry 9.2008 Pitkfn County Nordic 76is Pion Access to Nordic Trails One goal of the Nordic Trail System is to provide cross-country skiing close to residential community centers and to provide linkages among the trails,minimizing the need for driving and parking.There are many locations to access the system that are accessible via free public transportation.Use of public transportation provides the opportunity to do long one-way ski trails.Existing cross-country centers have maintained parking areas. Operations Funding for NordicTrail System staff is through the Pitkin County Open Space and Trails Program. Positions related to operating the program include: Director,Pitkin County Open Space and Trails Program—oversees all programs related to Trails and Open Space,works closely with the Open Space and Trails Board Pitkin County Open Space and Trails Land Steward—oversees Nordic Trail System financial decisions, distribution of funds,approves budget,and provides general overview of NordicTrail System City of Aspen Manager of Parks and Recreation oversees the big picture of the City of Aspen staffing and operations related to NordicTrails. City of Aspen Trails Coordinator—day to day staff person for NordicTrail System,involved in all decisions relating to trails,director of trails management and operations and supervisor for winter trails staff City of Aspen WinterTrails Staff—currently four staff members for trail maintenance under direction ofTrails Coordinator Current equipment for maintaining the Nordic Trail System includes the following. s, Two snowcats Five snowmobiles Various grooming implements pulled by snowmobiles Earthmoving,mowing and snow removal equipment Permanent and temporary signs and trail delineators One of each trailers for snowcats and snowmobiles Various trucks including one with a small crane to handle heavy equipment Equipment is stored in permanent and temporary facilities - on the Snowmass Golf Course and with the City of Aspen Parks and Recreation Department. January 9,7008 7 Pitkin County Nordic Trails Plan 4. THE PLANNING PROCESS T Public Input and Meetings Obtaining public input was a very important part of the process. Meetings were planned in Aspen,Snowmass and Basalt The meetings were advertised in local newspapers, over 800 postcards were sent to people,public agencies that had a relationship with the NordicTrail System and key people were contacted directly.In addition,a website and an email address were established at aspenrecreation.com for people who wished to comment via email. The meetings were held from 5:30 to 7:00 p.m.as follows: September 5,2007,Town of Snowmass Village,the Silvertree conference room,approximately 14 attendees including Nordic Council members September 6,2007,City of Aspen,Aspen Valley Ski Club,approximately 32 attendees including Nordic Council members September 10,20075own of Basait,Town Council meeting room,approximately 30 attendees including Nordic Council members The meetings began with an overview of the NordicTrail System as it is today.This was followed by a description of the goals forthe meeting and for the Plan. The focus of the meetings was working in breakout groups to identify goals,challenges and specific trails enhancements both in written and graphic format. At the public meetings there was enthusiastic support and praise for the existing NordicTrail System and the Pitkin County Open Space and Trails Board. Each meeting group focused attention on the Nordic skiing close to its community.In addition to strongly supporting the goals of the Nordic Council,the following are the major new ideas that were reinforced at the meetings: The system should grow to include more Nordic ski trails,accommodate more users,and extend to a wider geographic area,specifically mid-valley. Partnerships and increased communications among all the groups related to Nordic trails should be encouraged. Trails were identified on maps,both for improvement and new alignments. The conclusions from the meetings have been integrated in this Plan document Comparable Plans As part of the process of developing the Pitkin County Nordic Trails Plan,research was conducted to identify comparable documents. Most NordicTrails recommendations were found as part of larger Trails Plans,e.g.Teton County.Grand Mesa NordicTrail System has a short document that describes their operations and goals. The Upper Blue Nordic Master Plan focuses on the creation of infrastructure and facilities in support of Nordic skiing. B jonuory 9.2008 PirWn County Nor&Troik Plop Plan Adoption Process and Referral Opportunities The Pitkin County NordicTrails Plan will go through the following steps in order to be adopted by Pitkin County. Present to and receive review and comments from the Pitkin County Open Space andTrails Board. Refine the Plan as needed. Post the Plan on the City of Aspen Recreation Department website to be available for public review. Submit the Plan to Community Development staff for their review,recommendations and scheduling a meeting with the Board of County Commissioners. Present the Plan to the Board of County Commissioners,with the goal of adoption of the Plan by Pkkin County. By virtue of adoption by the Commissioners,the Plan will be recognized in the PKIk n County Land Use Code as a document that may be utilized in County land use reviews. Where trail needs are identified in the Plan text or on Plan maps,the Community Development Department Staff may make an applicant, elected and appointed officials aware of the need,and refer the development application to the Nordic Council for comments and recommended action. It is the current goal of the Nordic Council to request adoption of the Plan by the additional jurisdictions within which Nordic Trails are located including the City ofAspen,Town of SnowmassVillage and Town of BasaltThe Nordic Council would then become a referral agency to the jurisdictions that adopt the Plan. In addition,PWdn County Open Space and Trails would like to request recognition of the County's enforcement officers by the towns and city in order to ensure the best quality trail experience for users. Use of the Plan Adoption of the Plan will meet the Nordic Council's goal to become a referral agency for review of development applications that potentially contain areas for Nordic Trails.The Plan will provide Pitkn County, the City of Aspen,theTown of Snowmass Village,and the Town of Basalt a document that indicates areas that may contain alignments vital to existing conditions and possible expansion of the NordicTrail System, including additional hubs of the system. 01 January 9.2008 9 Pitsun County Nordic Timis Plan THE VISION January 9,2008 P*n County NordK Tmih Plan 1. VISION AND GOALS The Pitkin County Nordic Trails Plan formalizes the long and short term goals of the Nordic Council to improve and expand the cross-country skiing experience in the upper Roaring Fork Valley. The Aspen Snowmass Nordic Council seeks to continue its goal of providing a seamless skiing experience with high quality Nordic trail platforms connected to and within the community centers in the valley.This may be achieved by resolving methods of road crossing and acquiring new critical trail easements. GOAL I: Secure linkages and enhance connections for a seamless Nordic Trail System in Pitkin County. Ensure and enhance seamless connections among the Nordic skiing trails serving the urban centers of the valley (primarily Aspen and Snowmass Village).Continue to improve linkages to outlying semi-urban areas and trails,and finally connect to the outlying trail systems. Maintain and improve the existing trail network that serves the populated centers of Aspen and Snowmass Village.Create road crossings that go over,under or across at-grade,so that skis do not need to be removed for road crossings. Identify and secure key trail alignments and connections in perpetuity. Collaborate with related organizations in the area to promote the best possible winter trails experience. Improve the signage system to inform and educate winter trail users and create a"branding" for the Aspen Snowmass Nordic Trail System. GOAL 2: Expand Nordic skiing areas and opportunities in Pitkin County and environs. Identify future potential areas for Nordic skiing and prioritize opportunities. Provide,a range of experiences in the grooming and difficulty levels of the Nordic trails. Identify opportunities for encouraging social interaction,family use,and increased Nordic ski tourism. Based on the above goals,the subsequent sections highlight the necessary components for a successful Nordic Trail System and then identify the particular trails,connections,and areas of interest. 12 January 9,2008 PiWn County Nordic Tmils Pion 2. NORDICTRAILS DESIGN GUIDELINES The goal of the Nordic Council is to offer a range of Nordic skiing experiences from wide,well groomed trails located generally in areas of higher population and that accommodate both classic and skate skiing,to trails that are tracked by the skiers themselves and offer a more remote experience. Variety of Terrain The Nordic Trail System accommodates different widths and gradients of ski trails thereby offering varied recreational experiences. Create more variety of terrain including: More challenging groomed trails for racing- hillier,more difficult terrain,especially for racing More well groomed flat trails in mid-valley areas - generally flatter trails are more popular More rustic woodsy trails experiences that are easily accessed from the Nordic Trail System - integrate more rural and remote experiences Guidelines for Grooming Chart CATEGORIES FULL WIDTH MEDIUM NARROW NON WIDTH WIDTH MAINTAINED WIDTH 24 feet 15 feet 5-8 feet N/A TRACK TYPE Dual or Single Single Classic and Skate Lane with Set by Skiers Classic and 12- 8-foot or wider or without Classic foot Skate Lane Skate Lane Track,or Classic Track only EXAMPLES Golf Courses,Owl North Star Bernese Boulevard, Government Trail CreekTrail Preserve,Moore Benedict Trail Open Space, Paved Summer Recreation Trails USER GROUPS Skiers/Snowshoers Skiers/Snowshoers Skiers,Dog Skiers and on side on side Owners, Snowshoers Snowshoers GROOMING Snowcat Snowcat Snowmobile N/A EQUIPMENT January 9,2008 13 Pitkin County Nordic Trails Plan Photographic Examples of Trails Grooming Categories Full Width These trails serve as social trails,with high in-Lensity and multi-use opportunities. 1 Medium Width These trails provide a groomed platform,but more intimate natural skiing experience. Narrow Width These trails often have constrained circumstances,but still offer well patronized multi-use opportunities. F 4 14 onuory 9,2008 Pdm County Nordic Troth Plan Non-Maintained These trails provide a quiet,secluded experience away from more heavily used areas. 3. NORDICTRAIL SYSTEM INFRASTRUCTURE Road Crossings — Over, Under,and At-Grade In order to provide a seamless cross-country skiing experience,it is atop priority of the Nordic Council to eliminate road crossings that require users to remove their skis.The Nordic Council proposes that all new road construction and improvements that interface with the Nordic Trail System be designed to accommodate either a grade separated crossing for both skiing and summer trails,or a method for safe at-grade skiing across the road. Grade separation is a preferred choice as it not y only improves the connectivity of the Nordic Trail System but also enhances the safety of all users either skiers,pedestrians,or cyclists. Overpass: When possible,the preferred road crossing design is a multi-purpose bridge that accommodates a snow load,skiers,and grooming equipment,for example,the bridges adjacent to the roundabout over Castle Creek and Maroon Creek Roads-.These bridges serve trail users year round and are wide enough for a Medium Width Nordic trail.This solution would be highly desirable in the vicinity of the Aspen Recreation Center(ARC) and the Aspen Valley Ski Club, Underpass: Another viable road crossing akernative is to construct an underpass.The underpass on Highway 82 west of the roundabout is a successful example;this feature connects the Aspen Golf Course and the Moore Loop trails while also accommodating bicycle traffic Underpasses need to be a minimum of 14' wide and 10'high to accommodate the snowcat Underpasses are less desirable than bridges as they require considerable maintenance to keep snow in the tunnel.They can be dangerous if there is suddenly a snowless areaThe existing underpass beneath Highway 82,atTiehack Road,could serve as a useful connection between Maroon Creek Golf Course trails to the south and the Burlingame housing area to the north. Jonuory 9.2008 15 Pitltin County Nordic 7rdis Pion At-Grade: The last alternative for road crossings is an at-grade crossing.There are several forms of at- grade crossings.The first option is to leave snow on the road surface throughout the winter as on the Moore driveway and the Meadowood Road.However,this is the least desirable option as it requires continual maintenance and monitoring with potential conflicts between cars and skiers. The second option is a new device used in Europe,the Nordic Slider.The Nordic Slider allows for an at-grade crossing without banking snow (www.nordicslidercom).The Nordic Council is eager to explore this alternative as it could eliminate many road crossing conflicts at a minimal cost compared to bridges.The Maroon Creek Golf Course could be a potential location for the Nordic Slider as there are several at-grade road crossings in the area. Snowmaking: Snowmaking in select locations would extend the Nordic skiing season.With future changes in climate,the need for snowmaking to maintain Nordic trails may increase. Snowmaking possibilities on the Aspen Golf Course were foreseen when the new water system was built in 2005.Similarly,the Nordic Council would like snowmaking possibilities to be considered in other highly used cross-country areas. Signage The Planning process established the need for an enhanced signage system to serve the following purposes: Branding of the Nordic Trail System Improved trail maps Clarification of allowed trail users Identification of levels of difficulty of trails Availability of facilities Interpretive opportunities Maps are important components of the signage system,provide useful information,and include a legal disclaimer.Maps may be posted as signs showing users their location in the Nordic Trail System.Pocket-size waterproof maps are also handy for trail users. Facilities Enhanced facilities that are related to trails and operated by partners are encouraged.New facilities will need to be approved by the relevant jurisdiction.Recreational and competitive events generally require a higher level of facilities. Trailside:Facilities allow for an extended skiing experience or a family outing and include: Benches,picnic tables Yurts Warming cabin with wood burning stove and hot drink opportunities Drinks and snacks Dog waste stations Cross-country centers with services such as food and beverage,toilets,changing rooms and showers 16 January 9,2008 Pitkin County NordkTrruds Plan Mid-Valley Hub: Consider creating a mid-valley hub or cross-country center,near transit,with services,similar to Aspen or Snowmass Cross-Country Centers,potentially at the Roaring Fork Club or Basaft High School. LitTrails: Night skiing,in designated locations only,has long been discussed by the Nordic Council and adds yet another amenity and attraction to the Nordic experience. Trees: Though not usually considered a part of infrastructure,in the case of the Nordic Trail System,trees improve snow-retention while also increasing the intimacy of the skiing experience.The Nordic Council has invested significant amounts of money toward tree planting on the Aspen Golf Course. Operations:As the Nordic Trail System expands,there will be consideration of additional needs for staffing and equipment Safety: While efforts are made to set safe tracks,the Nordic Council provides no other services along its designated trails. Other agencies handle enforcement and emergencies. Access and Parking Provide convenient parking at trailheads. Provide trails in proximity to public transit. Continue to partner with CDOT for snowplowing parking areas. 4. GUIDING PRINCIPLES FORTRAIL IMPROVEMENTSAND EXPANSION As the Nordic Trail System continues to gain more use,improve,and grow,the Nordic Council has developed guiding principles to focus its efforts towards improvements and expansion.Concurrently,it is important that growth does not exceed the need for and appropriate use of trails or the Pitkin County Open Space and Trails'ability to properly maintain these trails. The main challenge is to ensure high-quality grooming of existing trails along with the ability to groom trails in new areas. The first priority is to maintain the quality and integrity of the existing Nordic Trail System and strive towards a seamless skiing experience: Secure existing endangered trails where formal long-term easements do not exist,or to reroute trails to better/more secure alignments. Resolve critical crossings so that skis do not need to be removed and the skiing experience is seamless. Create high quality skiing platforms for all groomed trails.Improve sections of trails that do not meet the guidelines of a high quality skiing experience.Examples include trails that have not been graded properly,are very steep or trails that have problems with snow coverage due to aspect (sun exposure) or their rocky nature. Resolve multi-use conflicts through signage,designate trails appropriately,maintain partially snow- covered and partially cleared trails,ranger enforcement,and identifying new trails for other uses. Focus on the amount of use as more use warrants more effort.Trails close to urban areas will have more facilities,wider trails,variety of use,terrain and signage. Jonuory 9.2008 17 Pitkin County Nordic Tmils Plan The second priority is to expand the NordicTrail System or anticipate future changes due to new development nr climate change: Ensure the ability to maintain and groom the trails. Provide a variety of terrain and skiing experiences. Integrate adjacent trails that may be less-used trails,currently ungroomed trails,or potential good qua|itvtrai|cThisrnaybeachievedhvadditinnalgrnunoinQdOnugc.nreusenoents. Identify linkages where trails are needed to connect existing trails and to create connections to community centers e.g.downtown Aspen or BaseVillage at Snowmass Village,ortransit centers. Consider parking needs. Trai|banbing: New trails should adhere to the Nordic Council's desire tn accommodate its Nordic Trail System tn climate change.New trails should have good snow holding abi|itXe north nr north east facing,at high elevation,or shaded byvegetation. The above vision principles rely greatly on the following: Landowner willingness Collaboration with jurisdictions Review and input un land use applications for affected proper-ties Public Support 8 J wry 9.2008 5. NORDIC TRAIL SYSTEM PROPOSED IMPROVEMENTS Aspen Vicinity Nordic Trails Opportunities The following trail descriptions are organized travelling from east to west from Independence Pass.First there are the trails that are already in the Aspen Snowmass Nordic Trail System and have been identified for J +enhancements.These trails may lack permanent easements,may require improved road crossings,or 1 R r * 6 may be improved by re-routing the trail onto a different alignment.Trail alignments that may be at risk in the future are identified.Second,areas that are currently used informally for Nordic skiing,or are summer activity areas,are identified as potential alignments that would provide high-quality additions to the trail system. Trail(Connector Characteristics/Val SIdNeeds Proposed Enhancement pansion of Northstar skiing Amend interim management with beginner and tranquil plan and design connection to James H.Smith Open terrain on the road side of the Northstar on the east side of 1 Space river. Currently not groomed. the Roaring Fork River. Could provide a seamless Fast More parking at Northstar:Road of Aspen Trail from Northstar crossings.Improve BenedictTrdil Provide larger parking area. 2 East of Aspen Trail Trail to Difficult Campground. to Northstar route. Improve trail connections. Obtain alignment at base of Midland Trail(Shadow Direct connection to downtown Sidewalk currently plowed in Shadow Mountain between Sth 3 Mountain) from Marolt pedestrian bridge, winter. and 7th Streets. Aspen High School Current Meadowood Trails I Meadowood Varied terrain,great racing Subdivision easement is short Obtain long-temr easement wo 4 Subdivision venue,close to town. term. Meadowood Subdivision. Important seamless ski linkage Overpass needed to eliminate Aspen High School between High School Trails and Need to remove skis to cross ski removal.Alternative may be AS Trails I AVSC to ARC Maroh Open Space. road near AVSC.Nordic Slider. Critical connectivity for Aspen Moore Open Space I trails.Rolling terrain,historically 6 ARC Connector used. Easement is short term. Secure long term easement Connects Aspen High School Trails to Aspen Golf Course via roundabout Offer more loops 7 Haleakala Connection and seamless siding. No suitable easements exist Widen easement Jonwry 9.2008 19 Pitkin County Nordic TroAs Plan Aspen Vicinity Nordic Trails Opportunities Continued Trail/Connector Name Characteristics/Value Risk/Needs Proposed Enhancement Continue to enhance facilities Continue to enhance facilities. Highly utilized,maintained, and opportunities.Need for Add snowmaking.Continue tree 8 Aspen Golf Course facilities,multi-use. snow to hold longer planting program. Maroon Creek Golf Install at-grade and grade- 9 Course Trails Varied terrain,close to town. Multiple road crossings. separated crossings. Coordinate with owners for Potential trail connection of Additional area could be additional area to groom and Maroon Creek Golf Burlingame and Double Bar X groomed per PUD.Need with City of Aspen to keep 10 Course Underpass Ranch. connection through underpass. snow in underpass. Owl Creek Trail Obtain easement for new West Buttermilk Offers an alternative improved Currently steep trail crosses alignment that would be gentler I Connection route. driveway with less crossings. Summer mad,good snow- covered surface in vdnter.Scenic,Add to NordicTrail System. secluded skiing. Early and late Currently not part of Nordic Partnership with USFS.Groom, 12 Difficult Campground' season grooming. Trail System. Possible multi-use. Access/parking limitations,steep Discuss access and parking with 13 Hunter Creek Valley* Scenic,gentle terrain,near town. entry area stakeholders. High elevation,good snow coverage,great early and Currently not used for Nordic late season use,ski lift access, trails.Need access.Possible Partner with Aspen Skiing spectacular views,rolling multi-use.High aft tude Company and USFS for use, 14 Richmond Ridge* terrain,near facilities. advantages and risks. access and facilities. Could provide a viable Castle Creek Valley connection in Castle Creek S Alignment valley. Options need to be studied. Coordinate with stakeholders. Connects to Aspen High School Five Trees and Water Trails.Advanced racing terrain. Coordinate with Crty of Aspen 16 Plant Trails* North facing and wooded. No easements exist. for long term use agreement Aspen Meadows Gentle terrain.Close to town. There are some existing Add to NordicTmil System. 17 Campus*Historic race track easements. Consider grooming. Use old Highway 82 bridge as a Would connect Aspen and Nordic skiing connection. Keep Maroon Creek Maroon Creek golf courses at- snow platform.Possible mult'- 18 Highway 82 Bridge* grade. Need an at-grade connection. use. Currently road is groomed by Facilities exist e.g.drinks,shelter, private landowner,future is Secure guarantee of long term 19 Maroon Creek Valley* Scenic,good snow,gentle terrain not guaranteed. Nice terrain. use at appropriate time. Scenic,good snow,rolling wooded terrain.Excellent Secure guarantee of long skiing at cross-country area. Currently area is groomed by term use at appropriate time. 20 Ashcmk** I Restaurant I private operator.Restaurant use. Potential addition to Aspen Snowmass Nordic Trail System Separate from Aspen Snowmass NordicTrail System See Map I on opposite page and Map 3 on page 25 for location of existing trails and proposed improvements. 20 Jonuory 9,2008 Pitwn County Nordic Timik Plan 00 F og a a MAP I: ASPENVICINITY NORDICTRAILS MAP sxow.. ww I i IIFF9115F5 Aav. JL+ Nm m.r Ah Mxu.• m J- wMY b1Y. nd. lw. Jm. Hert O.. M Ae nde^ fm mJ 4M`h fCA/. 9PfN v.aJ rleyr 3yv, u rra60.+. Ny wi. Y• IA.. Y euY g LE G END 1pp 4 y`^ RED MOUNTAIN t i 4... 1. am' j~\' i•' SMUGGLER 1 T :. A10 t .{ I ( L`w.. A 901, INTAIN My y., AIR Ava 1 1 tgIQ1. Yl 4y a I.Js.a w w.. mrtl o.r. A6 A17 H._ W 1a = e r-- Y'. ® M1. YiewilJ.. 1 f M ao9 d mow F O o rw t SOW 1 AD A7 0 ara.. Lml Ay Q u nrarx.. e A5 w G PMb. NIM. C L J I 4. IAT MIIIJNTAIn; N4 .• Y'`•. d JsL J Ai6 + ww, yJ f!J" yro: r.a Al _ i All ASPEN HIGHLANDS A20 A16 M, Al2 N Snowmass Village Vicinity Nordic Trails Opportunities Interests of Snowmass Village residents focused on the immediate vicinity in and around Snowmass.W thin the village,residents expressed concern about the relocation of a segment ofVillage Way trail,as well as the difficulty crossing from the Snowmass Golf Course Trails to the Recreation Center.There was a desire for more, easy dog-friendly ski trails.Owl Creek trail is a popular ski trail,but users would like to see fewer road crossings where skis need to be removed.There were several recommendations for new trails including Brush CreekTrail. Trail/Connector Characteristics/Value Risk/Needs Proposed Enhancement Reinstate'Tvnster'alignment and other historic alignments. Obtain permanent winter Optimize alignment.Current easements.Resolve crossings Critical scenic link in Aspen to license agreement is short term. through realignment or other at- Owl CreekTrail Snowmass trail system. Many road crossings. grade means. Potential alignment has good snow retention,is an easier route.Would provide better A potential trail from Glendale access to Owl CreekTrail. Divide to TerminatorTrail Parking across from maintenance Need an alternative to steep on a high contour should be 2 Glendale Divide center. Berlin Wall"section. explored. The Pines HOA will realign Secure long term easement for a trail section to an alpine new trail that is to be created. This new alignment would easement to reduce road Possibly a PUD agreement potentially provide improved crossings and provide a wider through Town of Snowmass 3 The Pines skiing and fewer road crossings. tail. Village(TOSV). Need connection to recreation Existing underpass too low center across Brush Creek Road Install at-grade or grade- Hub of skiing,provides great Enhance facilities.Possibly more separated crossings.Study 4 Snowmass Golf Course groomed trails and facilities. dog-friendly trails. enhancing facilities. Possible grade separated crossing at Owl Creek and Town Connector- Section of Village Way is being New alignment may be Brush Creek road intersection S Village Way Trail relocated for development inconvenient with road crossings or possible use for Nordic Slider. Work with Aspen Skiing Currently a more remote ski Improve access to trail from Company on access from experience,scenic,wooded Two Creeks side.Improve ski Two Creeks via lift or gondola terrain.Potential to loop with connectivity on both sides.To Explore possibilities on West 6 Government Trail* Owl CreekTrail.remain ungroomed. Buttermilk side. Summer trail could be used in Current wildlife closure during winter linking the Brush Creek winter on Pitkin County section. With TOSV and Pitkin County, intercept lot at Hwy 82 to Possible multi-use needs.explore possibility of Nordic use 7 Brush CreekTrail* Snowmass golf course trails. Requires snow cover and in winter. Parking and access needs. Divide Ditch Trail to More remote-feeling siding. Resolve multi-use conflicts and Resolve parking access and long 8 East Snowmass Creek*Gentle terrain.Muni-use.long term use. term use.To remain ungroomed. Potential connectors between Tom Blake Trail and Government Trail and Owl 9 Stark Trail* CreekTrail at Two Creeks end. Stark Trail is steep. Study options,. Highline Trail from Potential connector from Owl 10 Maintenance Center* To remain un-groomed. Creek to Brush Creek Create winter connection. Cozy Point Ranch Easy access and parting,good Currently an archery range.No Secure long term easement for North near Woody I snow holding. ski trails. use. Maintain. Potential addition to Aspen Snowmass Nordic Trail System See Map 2 on opposite page and Map 3 on page 25 for location of existing trails and proposed improvements. 22 January 9,2008 Pitkin County Nordic Trails Plan a Z 0 MAP 2: SNOWMASSVILLAGE VICINITY NORDICTRAILS MAP Wiaia . LEGEND n— W 3 4L en. IWY i' t{ 4. Hct Sinclair n", Dlv: tle M1/ 16... bro.`"" c BUT ERMI n.arrrr ieliwas S J WEST rI, ERMILK N W Mid-Valley Vicinity Nordic Trails Opportunities During the planning process,existing and future use trends were studied including what needs are not currently being met,and estimating the potential demands and uses in the future.With the addition of community support,it became apparent that there is the need for the Nordic Trail System to continue to grow,especially into the wider geographic area of Pitkin County. During the community meetings,the mid-valley area was perceived as being ripe for the expansion of the Nordic Trail System.The Nordic Council was recognized as doing a fantastic job with the'Aspen and Snowmass'Nordic Trail System and the question arose of how best to serve the needs of the mid-valley area. The Nordic Council is in the process of reviewing alternative organizational structures for serving the mid-valley area. These include: Expanding membership of the Nordic Council to include more mid-valley members and renaming the Nordic Council to reflect the wider geographic area. Creating a mid-valley Nordic Council that works along with the Aspen Snowmass Nordic Council and has relationships with the Town of Basalt similar to the Nordic Council's relationship with the City of Aspen. Expanding the partnering program to include the Roaring Fork Club,Spring Gulch,Ashcroft,and other privatellyy or publicly managed Nordic ski areas. p5 tTrai IConnee V?" tu alnarae e ro efd E4nhnteiV Major trail connector through Use signage.Possibly move ski valley.RFTA maintains Multi-use co-ordination.Road trail to previous track alignment Carbondale to Catherine Store crossing issues.Near Aspen Continue to coordinate with MI Rio GrandeTrail section. underpasses need more snow. RFTA for grooming. Improve trail connections to Close to Basalt and No Grande transit Possible new trailhead Trail.North facing,good snow. near bus stop.Coordinate with PUD approval requires grooming Trails seldom groomed.Public Roaring Fork Club(RFC)to set M2 Roaring Fork Club of Nordic trails for public.access difficult trail alignment and groom trails. Central location,potential new Study options and coordinate hub,possible use of playing fields, with landowners and town, connects to No Grande.Possible Not currently used for skiing but including recreation department M3 Basalt High School* use of adjacent properties. there is great potential. to set Vail alignment and groom. Study options and coordinate Northeast facing Good snow holding.Ditch Identify public access locations. with stakeholders,including M4 hillside-Light Hill* alignment Grooming unlikely, recreation department and BLM Scenic,varied terrain,historic Maintenance. Form of Nordic Council to coordinate Nordic use,possible valley wide arrangement with landowners. with landowners.Could be part MS Capitol Creek Valley* links,annual event occurs.Traffic and parking. of larger valley system. Down-Valley Govemment Trail". To remain unmaintained.Link to Add signage. Coordinate with valley system.Parking available. Steep access from public parking and discuss ahemative access M6 Hay Park Trail* Possible multiuse.on Capitol side. with private landowners. Existing cross-country trail system maintained by Mt Sopris Spring Gulch and Mt Sopris Nordic Council.Partially funded Nordic Council to remain Continue to communicate with M7 Spring Gulch** I by Pitkin County, independent I Mt Sopris Nordic Council. Potential addition to Aspen Snowmass Nordic Trail System Separate from Aspen Snowmass NordicTrail System See Map 3 on opposite page for location of existing trails and proposed improvements, 24 January 9,2008 Atkin County Nordic Trails Plan 0 Q g 0 oa A v MAP 3: PITKIN COUNTY ( INCLUDING MID- VALLEY) NORDIC TRAILS OPPORTUNITIES M3 Basalt Spring Gulch to Carbondale M4 \ bf7 Ruedi Resevoir 1Q Roaring Fork Club M2 Upper Capitol Creek M6 M5 Ml r U" p S7 Air unter Creek Valley rt tI A76 A73 Snowiness Village I+ c a A17 S8F.. Aspen A15 Ii!" orthstar to Difficult 10 A19 A72 i Maroon Creek Road Legend Q Existing Nordic T ails Richmond Ridge Areasoflnterest Castle Creekeoad A14 to Ashcroft A20 N Long-term Trails Opportunities The following areas are identified as having Nordic skiing potential.Due to circumstances such as property ownership,distance from population centers and accessibility,the Nordic Council is not pursuing these options at this time,although there was mention of these areas during the public meetings.Therefore,these locations should be considered as possibilities only.The trail alignments and easements may initially be acquired as summer trails.Backcountry trails,including the IOth Mountain and other overnight Hut Systems will remain separate from the Nordic Trail System. In the Aspen Snowmass area the land near the No Grande in the vicinity of W/J Ranch may offer gentle terrain with access to the No GrandeTrail. Long term,a trail connection from Brush Creek Road to Aspen Village would provide a useful link In addition,trail opportunities may exist in the Watson Divide area. In the mid-valley area potential Nordic skiing areas may include the Spring Park Reservoir vicinity on Missouri Heights. The Crown area near Emma provides summer hiking and biking trails that may be considered for ungroomed winter use providing there is sufficient snow coverage. Summer hiking trails in the lower Frying Pan drainage may offer ungroomed Nordic skiing opportunities. In the lower-valley area Redstone has some Nordic skiing in the coke ovens vicinity.If trails were developed in the Crystal River Valley,they could have potential for Nordic use as well. 6. NORDIC TRAIL SYSTEM OUTREACH AND COLLABORATION Partnering and Coordination The Existing Conditions Section identified the Nordic Council's current partner organizations. This list may be expanded (including current user groups) as follows: Nordic Wolves (junior ski education program) Basalt Recreation Department Snowshoe groups Summer trail systems and organizations Roaring Fork OutdoorVolunteers (RFOV) Pitkin County schools including the Aspen School District,some RE-I District schools and private schools The following partnering actions may be pursued by the Nordic Council: Continue to build on opportunities to use summertrails for winter skiing while providing for shared use in appropriate locations. Continue to build cooperative efforts between public and private groups to facilitate trail access. Start a forum to promote communication among partners,for example a bimonthly meeting and an electronic notice board. Formalize relationship with partners identifying roles,responsibilities and financing. 26 jmu y 9.2008 Pain County Nordic TwA Pbn User Groups The founding purpose of the Nordic Council and its associated Nordic Trail System is cross-country skiing,however,where appropriate,efforts are made to accommodate all users of winter trails including snowshoers,walkers,runners,dogs,and bikers.The Nordic Council acknowledges the mufti-use conflicts of snow covered platforms and strives to find solutions such as: Continue to identify specific trails for specific uses and/or wider trails to accommodate more types of users,all trails need not accommodate all users. Use signage to differentiate trails and inform users. Further develop trails standards for different and combined uses. Identify sections of each golf course that are appropriate for mufti-use and sign accordingly. Provide enhancements,or expansion,to the dog trail system including signage and information so people know where to go with their dogs,and dog bags and receptacles at dog-friendly trails Determine if more Nordic dog trails can be added to the Nordic Trail System. The Nordic Council recognizes the conflicts with commuter bicyclists and Nordic skiers,especially on the No Grande Trail,the Maroft,Castle Creek and Maroon Creek Road bridges and the connecting trail between the badges.The Nordic Council will continue to work towards resolving the conflicts,including the constriction points,to make the trails functional for both parties. Outreach While the Nordic Council encourages Nordic skiing and winter activities,the focus of the Council is to provide skiing platforms.During the Plan process,the community identified the benefits of additional public outreach to gain a broad base of support.The Nordic Council and their staff currently provide,and will enhance,the following outreach efforts: The Nordic Council website and the electronic Bulletin Board with grooming reports,trail conditions,events,and news The Nordic Hotline at (970)429-2039 Signage on trails Maps for trails The Nordic Council will continue to encourage User Groups and Partners to initiate or to continue the following outreach efforts: Inform locals and visitors about Nordic opportunities through newspapers,newsletters and other publicity. Organize and publicize fun events,e.g.RFOV ski from Aspen to Basalt orAVSC Progressive Bonfire Dinner or AXCC Ski Extravaganza and locals'lessons. Encourage school programs and county-wide programs. Reinforce or create a youth winter sports center and/or community Nordic center. Create a volunteer winter ambassadors program to help educate the public on the Nordic Trail System. Improve use of website,grooming reports,trail conditions. Provide education/information to winter trail users to minimize use conflicts. Support cross-jurisdictional enforcement efforts. jonuory 9,2008 27 PiWn County Nordic Tmih Plon APPENDIX: EXISTING NORDIC TRAILS DESCRIPTIONS t January 9.2008 Pitlon County Non7k Traits Pbn Aspen Golf Course & Cross Country Center The Aspen Cross-Country Center is located at the Aspen Golf Course, I mile west of Aspen off Highway 82.The Center offers ski lessons,tours,retail shop,rentals,a lounge,lockers,snacks,and videos.The Aspen Golf Course and the Snowmass X-C center are the first areas to be groomed after heavy snow.Difficulty: Beginner.Length:2.5 miles.Access:Free bus service available.Moore,Marolt and High School trails are all easily accessible from the golf course trails. High School Trails The High School tracks offer excellent skiing on varied terrain,and in warmer weather have better snow . conditions because of the higher elevation and exposure.A shorter 1.8 mile loop omits the worst hills, and a longer 3.1 mile loop negotiates hillier terrain.Please note that new construction has altered the trail layout.Be alert and aware of possible course changes. Difficulty:Intermediate/Advanced. Length:3.1 miles. Bernese Boulevard Located on the Aspen Golf Course,the Bernese Boulevard provides dog owners and their pets a scenic route around the perimeter of the golf course.Please keep your pet under control at all times Difficulty: Beginner.Length:2 miles.Access:Free bus service available. James E.Moore Trail The James E.Moore Trail has a short loop and a connecting trail to the High School,Iselip and Owl Creek trails.The loop is entertaining because of its fun,winding hills.Both the flat connecting trail and loop wind through open sage areas that are home to deer,fox and other wildlife.Difficulty:Beginner and intermediate. Length:2 miles.Access:The safest access is via the roundabout pedestrian underpass.Or,from the parking lot at the Aspen Golf Course,cross under Highway 82 on foot and go 200 feet to the left (east).Free bus service available. Marolt Property Trails These tracks are used primarily as an access route between the west end of Aspen and the Aspen Golf Course and the High School tracks.Dogs are allowed.Difficulty:Beginner.Length: 1.5 miles.Access:From Aspen,by foot,take Hopkins west to 7th Street and go left,then turn right at the Marolt Pedestrian Bridge. Maroon Creek Club Trails These tracks are accessed from theTiehack Nordic Bridge or from the Buttermilk base area.Adventurous skiers can also reach these trails from the Aspen Golf Course by way of the Maroon CreekTrail.This scenic section of track can sometimes be short of snow and has steep turns and terrain and is for advanced skiers only. Difficulty:Intermediate.The connection with the Aspen Golf Course has steep turns and terrain and is for advanced skiers only. Length:2 miles on and around the golf course.Access:Pick up the tracks beyond the Panda Peak lift at the Buttermilk Base area.Free bus service available. A-2 January 9,2008 Pitkln County Nordic Tmils Plan North Star Nature Preserve Loop The Preserve is 175 acres of land east of Aspen that has been preserved to allow its natural ecology to continue with a minimum of human impact.Cross-country skiing and snowshoeing are one of the few uses permitted on its flat,open meadows close to the Roaring Fork River.Please stay on marked trails and respect the wildlife.Note:grooming on this trail is scheduled on an as-needed basis only so as to minimize impact. Difficulty:Beginner. Length:A little over 1.5 miles.Access:Go 1.5 miles east of Aspen on Highway 82 and look for the small parking area on the right. Benedict Trail This section of trail serves as a connection from the East end of Aspen to the North Star Nature Preserve. It is narrow,winding and mostly in the trees.A small portion of the trail is subject to avalanche danger. Difficulty:Intermediate.Skating not recommended. Length: 1.5 miles from Ute Avenue to North Star Nature Preserve. Access:Follow Ute Avenue to the Ute Trail parking lot,then up a public access 100 yards to where the trail crosses.Free bus service available. Snowmass Cross-Country Center The redesigned Snowmass Cross-Country Center trail system is the western hub of the Aspen/Snowmass Nordic Trail.System.The Cross-Country Center,located on the golf course,has a retail shop,snack bar, restaurant,lessons,rentals and tours.Difficulty:Beginner thru Advanced.Length:5 miles.Access:By car from Aspen or Snowmass,take Brush Creek Road and turn left onto Highline Road.The first turn-off on the right from Highline Road leads to the Cross-Country Center.By bus,take the free skier shuttle to Snowmass Village,then walk down one level to Village Shuttle #3 for the Snowmass Club.On skis from the Snowmass Village Mall,head to the bottom of Lift #6 and pick up the Village Way cross-country trail. Village Way Village Way is an access route between Snowmass Village and the Snowmass Golf Course tracks. The trail is fairly steep,making the route somewhat challenging in either direction.Dogs are allowed. Difficulty:Intermediate. Access:From Snowmass Village,this is best reached from the bottom of the Assay Hill Lift.From the golf course,follow the same direction as the Owl CreekTrail but turn right after Owl Creek Road Terminator The Terminator,which loops around the Two Creeks development,is an exciting trail for advanced cross- country skiers.This loop can also be used to access the Owl CreekTrail. Difficulty:Advanced.Length:3 miles for the Ioop.Access:Follow the same direction as the Owl CreekTrail but continue straight uphill after crossing Owl Creek Road Be aware and yield to downhill skiers. January 9,2008 A-3 Pi0dn County Nordic Trolls Plan Owl CreekTrail This popular and scenic trail connects Aspen and Snowmass Village,hugging the south side of the Roaring Fork and Owl Creek valleys.Most skiers use this trail as a.casual tourwith a lunch break and light touring gear.The easiest and most popular stretch of trail runs from the West Buttermilk Road to the Snowmass Cross-Country Center.Another popular option from West Buttermilk Road is to ski to Sinclair Divide and back.The new Tiehack Nordic Bridge will allow skiers easy access to the Owl CreekTrail from the Aspen Cross-Country Center.Follow the green disks to stay on course when crossing the Buttermilk Ski Area Be aware and yield to downhill skiers. Difficulty:Intermediate;most of the trail is good for beginners,but the occasional hills add some difficulty.East ofTiehack the trail is for advanced skiers only Length:9 miles from the Aspen Golf Course to the Snowmass Cross-Country Center.Access:SnowmassVillage:Village Way Trail or Snowmass Cross-Country Center.Follow signs.West Buttermilk Road:Drive through the Main Buttermilk parking lot from Highway 82 to West Buttermilk Road at the far right corner of the Iot.The Owl CreekTrail crosses 1.4 miles up the road,by a small parking area on the right Tiehack Experienced skiers can ski from the base ofTiehack up along the right side of the alpine trail to the Oregon Trail towards and across Main Buttermilk.Follow the green disks. Aspen Golf Course:Access Tiehack via the fames E.Moore Trail and the newTiehack Nordic Bridge. Rio Grande Trail A popular walking,skiing and snowshoeing trail,the Rio Grande follows the old Denver and Rio Grande Railroad bed along the Roaring Fork River.The mostly flat trail gently meanders through the quiet woods and open sage areas.Because this trail is easy,marked and not groomed,it offers the opportunity to have an adventure in a more primitive setting.Note:the snow can deteriorate quickly on this trail. The No Grand is a Dog Friendly trail. Dog owners are required to keep their companion on a leash and to pick up after their pet Difficulty:Beginner. Length:Up to 20 miles one way,from Aspen to Basalt: Access:The eastern end starts behind the Aspen Post Office.Call for more information as to other access points.Free bus service available. Maroon Creek Road The USFS road to Maroon Lake is not plowed in the winter. T-Lazy 7 operates snowmobile tours to the lake and grooms the road to the lake. There are no classic tracks,but its gentle climb and scenic wonders are very nice. Call Avalanche Warning Center for information on backcountry conditions. Respect closed signs. Share the trail with other users. Difficulty: Beginner/Intermediate. Length:6 miles to Maroon Lake. Access:Drive 3.5 miles up Maroon Creek Road until the road is closed. Park in the lot across from the reindeer., Dogs are allowed. Independence Pass Road This road is not plowed in the winter. T-Lary 7 operates snowmobile tours up this road and occasionally grooms it up to Lincoln Gulch Road,located 5 miles up from the beginning point. Call Avalanche Warning Center for information on backcountry conditions. Share the trail with other users. Difficulty: Beginner/ Intermediate. Length:Up to 16 miles one way. Access:Drive 5 miles east of Aspen on Hwy 82 until the road is closed. Dogs are allowed. A-4 January 9,2008 Pitkln County Nordic Trads Plan MEMORANDUM TO: Snowmass Village Town Council FROM: Mark Kittle, Chief Building Official DATE: March 2, 2009 SUBJECT: Carbon Monoxide Detector Ordinance No. 1, Series of 2009 I.BACKGROUND The Building Department has submitted a draft of Ordinance 1, Series of 2009, Carbon Monoxide Detectors for review by the Town of Snowmass Village Town Council. 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". Staff believes that the ordinance is an enhancement for public safety compared to the House Bill since the ordinance requires CO monitors to be installed within six months of its . passage. II. ACTIONS REQUESTED OF COUNCIL Staff would request that Council review, modify, approve or deny Ordinance No. 1, Series 2009. 1 2 TOWN OF SNOWMASS VILLAGE 3 TOWN COUNCIL 4 5 ORDINANCE # 1 6 SERIES OF 2009 7 8 AN ORDINANCE AMENDING THE TOWN OF SN MASS VILLAGE 9 MUNICIPAL CODE, SPECIFICALLY, CHAPTER 8, ARTICLE VIII, 10 EMERGENCY ALARMS, TO INCLUDE PRO NS FOR CARBON 11 MONOXIDE ALARM REQUIREMENTS WITH,A WELLING UNITS 12 EQUIPPED WITH ANY FUEL-BURNING LIA OR HEATING 13 SYSTEM. 14 15 WHEREAS, carbon monoxide poisoning is a ing ca, e of accidenta oning 16 fatalities in America; and 17 18 WHEREAS,hundreds of people are ' ed annually an T sands of people receive 19 emergency treatment annually as a res 1 bon monox as- d 20 21 WHEREAS, carbon monoxide poisonin onst erio azard in the Town of 22 Snowmass Village and a d children ie or a seriously ill as a result of 23 its toxic effect; and 24 25 WHEREAS, car on xide s is often the It of faulty or poorly maintained 26 heating systems; and 27 28 WHE S, Chap Arh III of the Town of Snowmass Village Municipal Code 29 prov' tandards for genc his and their regulations; and 30 31 WHERE a Municip ode for the Town of Snowmass Village does not provide 32 for mandato allation carbon monoxide detectors and does not otherwise provide 33 for protection fr e d - ers of carbon monoxide poisoning; and 34 35 WHEREAS, reco mg that exposure to carbon monoxide, a colorless, odorless gas, 36 can cause headaches, dizziness, nausea, faintness and, at high levels, death, the following 37 regulations are enacted for the purposes of protecting the public health and safety of the 38 residents of the Town of Snowmass Village by requiring operable carbon monoxide 39 alarms in certain structures, thereby hopefully reducing the number of injuries and 40 fatalities resulting from carbon monoxide poisoning. 41 42 NOW THEREFORE BE IT ORDAINED that Chapter 18, Article VIII of the Town of 43 Snowmass Village Municipal Code hereby is, amended to include carbon monoxide 44 detectors, by the addition of Section 18-143.1 as follows: 1 45 46 47 18-143.1 Carbon Monoxide Alarms 48 49 18-143.1.1 Purpose and Scope 50 51 a) To establish minimum life safety requirements for the installation of carbon 52 monoxide detectors in all applicable residential occupancies within the Town of 53 Snowmass Village. 54 55 18-143.1.2 Definitions 56 57 a) Dwelling Unit--For the purpose of this Sectio e • ore rooms or areas, 58 arranged for the use of one or more individuals ape t or transient basis, 59 for living or sleeping. 60 61 b) Multi-Family Dwelling Unit--A b R-u conta 'ng three or m elling 62 units. 63 64 c) Fuel Burning Equipment- uipment that b olid, liquid or gaseous fuel or 65 a combination thereof. 66 67 d) Enclosed Parking Area--For t pure his Se on, a building or portion 68 thereof, utilized for the parking of of e ich is less than 50% open to 69 the outside air. 70 71 e) Listed ce tha es the lis f a nationally recognized testing 72 laboratory appr by n of Sn mass Village Building Department. 73 74 lac se s that are irectly above, below or next to: 75 76 1) Room space ntaining fuel burning equipment or attached 77 appurt enan or 78 Enclose •arking areas. 79 80 g) NFPA ere referenced in this Section,NFPA 720, Standard for the 81 Installation o arbon Monoxide Warning Equipment in Dwelling Units. 82 83 h) Smoke Barrier--A continuous membrane, or a membrane with discontinuities 84 created by protected openings, where such membrane is designed and constructed 85 to restrict the movement of smoke. 86 87 i) UL 2034--Where referenced in this Section, UL 2034, Standard for Single and 88 Multiple Station Carbon Monoxide Alarms. 89 90 2 91 92 18-143.1.3 One and Two Family Dwellings 93 94 a) All new and existing one and two family dwellings shall be provided with 95 listed carbon monoxide detectors where any of the following conditions exist: 96 97 1) Dwellings where fuel-buming equipment is installed or operated. 98 99 2) Enclosed parking areas attached to a dwelling unit. 100 101 3) Dwellings deemed necessary by the Buildin 1. 102 103 18-143.1.4 Multi-Family Dwelling Units 104 105 a) All new and existing multi-family dwell t shall be •r ided with listed 106 carbon monoxide detectors where any on the following con s exist: 107 108 1) Dwellings where fuel-burning me installed or o• rated. 109 110 2) Enclosed parking eas attached to a Iling unit. 111 112 3) Dwelling units locat a to enclose ing areas or rooms or 113 spaces where fuel-burnin quip n install or operated. 114 115 4) Dw med neces by the ilding Official. 116 117 E ON: elling units are separated from enclosed parking 118 areas or o• s where . el-burning equipment is installed or 119 ted b mp tinuous smoke barrier. 120 121 18-1 . .5lnstallatio quir 122 123 a bon monoxi• - dete ors required by this Section shall be installed in 124 acco e with N P 720 and the manufacturer's recommendations. 125 126 b) At leas ,n on monoxide detector shall be installed on every level of a 127 dwelling unit d in the immediate vicinity to, and be audible in, all sleeping 128 areas locate within the dwelling unit. If a fuel burning appliance is located 129 within the sleeping room, a carbon monoxide detector shall be required within the 130 sleeping room. 131 132 c) At least one carbon monoxide detector shall be installed in all rooms or spaces 133 where the fuel-burning equipment is installed or operated within the dwelling 134 unit. Where the room or space containing the fuel-burning equipment is less than 135 50 square feet in area, such detectors shall be installed in the immediate vicinity 136 of the room or space. 3 137 138 139 140 d) In new multi-family dwellings, where the building is provided with a fire 141 alarm system, carbon monoxide detectors located within rooms or spaces that are 142 not part of the dwelling unit space shall be connected to the building fire alarm 143 system. Such carbon monoxide detectors shall initiate a supervisory signal at the 144 fire alarm panel and provide an audible alarm at the device upon detection of 145 carbon monoxide. 146 147 c) All multi-family dwellings, regardless of the numbe s, where carbon 148 monoxide detectors are required by this Section, shall - ke available upon 149 request a carbon monoxide detector for the hearin i In hotels and 150 lodges, a sign indicating the available carbon mo ide a for shall be 151 conspicuously located at the front desk. 152 153 t) In new one and two family dwellin win ' family dwelli new 154 additions or renovated areas, carbon mon 5• det - , s shall be re - red to be 155 provided with primary and secondary power.iple carbon monoxide 156 detectors installed as per this ub-section shall quired to be interconnected. 157 158 g) Existing one and two famil 111 and multi- dwellings affected by 159 this Section shall be permitted to ovi o plug nnected or battery 160 operated carbon monoxide detecto shall not be required to be 161 interconnected ed with th .. ilding fi alarm system. 162 163 h) Existi d tw mily and ex multi-family dwellings affected by 164 this Section sha - e onths fr the effective date of this Ordinance to 165 com the re a men ction for carbon monoxide detectors. An 166 ve ate o pliance shall be submitted to the Building 167 epartment b e-app uthorized installer. Owner installed devices 168 cry or plug-1 vices) 1 not require a permit but a completion inspection 169 wi • required fr the ilding Department. 170 171 i) In ev uildi hat utilizes one main central location for the placement of 172 fossil fuel _quipment, that is not exempted, one approved carbon monoxide 173 detector mus installed in the room containing such equipment. Alarms shall 174 be initiated t a monitoring agency or to an audible/visual alarm located in a 175 conspicuous place on the exterior. 176 177 18-143.1.6 Inspection and Maintenance of Carbon Monoxide Detectors 178 179 a) The owner of a building shall be responsible for the installation, repair and/or 180 replacement of required carbon monoxide detectors. 181 4 182 b) Carbon monoxide detectors shall be tested and maintained in accordance with 183 NFPA 720. 184 185 186 187 18-143.1.7 Exemptions 188 189 a) A dwelling unit in a building that does not rely on combustion of fossil fuel for 190 heat, cooking, ventilation or hot water and is not in close proximity to a source of 191 ventilated carbon monoxide. 192 193 b) A dwelling unit that: 194 195 1) Is heated by electric resistance heatin emen d 196 197 2) Is not connected by duct wor ventilation shafts t room or 198 space containing fossil-fuel uti ' •a n equi- ent; and 199 200 3) Is not in close proximity to any v t d source of carbon monoxide. 201 202 18-143.1.8 Violations / Penalties 203 204 It shall be unlawful for the owne an ent o structure to not comply 205 with this Section. It shall be unla - 1 - an r I to remove batteries from a 206 carbon monoxi r required - er this S ion or in any way to make 207 inoperable a on in ide detect Any person(s) who shall violate a 208 provision - rdina. , or shall fat omply with any of the requirements 209 thereof, shall be h f rni demean , punishable as provided in the Town of 210 Sno llage w icip 211 212 18-1 . .9 Effective t 213 214 din ance sh i eco a effective on April 1, 2009. 215 216 18-143.1.10 Se ility 217 218 If any provist- of this Ordinance or application hereof to any person or 219 circumstanc is held invalid, the invalidity shall not affect any other provision or 220 application of this Ordinance which can be given effect without the invalid 221 provision or application, and, to this end, the provisions of this Ordinance are 222 severable. 223 224 225 226 227 5 228 229 230 231 232 233 READ, APPROVED AND ADOPTED, by the Town Council of Snowmass 234 Village on First Reading on upon a motion by Council 235 Member the second of Council Member and 236 upon a vote of in favor and opposed. 237 238 TOWN OF SNOWMAS AGE 239 240 241 242 243 Bill Boine ayor 244 245 ATTEST: 246 247 248 249 250 Rhonda Coxon, Town Clerk 251 252 253 APPROVED AS T O 254 255 256 257 258 John r sser, Town ey 259 260 261 262 6 MEMORANDUM TO: Snowmass Village Town Council FROM: Housing Department/ Russ Forrest DATE: March 2, 2009 SUBJECT: Housing Regulation for For-Sale Deed Restricted Units I.PURPOSE The Town Council directed staff at the February 16, 2009 meeting to evaluate whether to reduce the 1-year minimum employment time guideline. In addition, staff would like to clarify how values are calculated if there is a decline in the Consumer Price Index (CPI). Both issues can be acted upon via a motion to amend the attached housing regulations. II.BACKGROUND Attachment A consists of the current regulations for deed restricted affordable housing in Snowmass Village. They were last modified in January of 2002 after the Town convened a Housing Advisory Committee to review and recommend modifications to the Town's deed restrictions. The Town has recently seen a decline in demand for certain types of deed restricted housing with the down-turn in the economy. The Town currently gives preference in a lottery process for total years of employment in Snowmass Village. People working less than one year in Snowmass are not eligible to participate in a for-sale housing lottery. If there is not a qualified Snowmass employee for a lottery, then the lottery is opened up to employees working in Pitkin County(Pitkin employees must work for more than 1 year in the County to be eligible). Council expressed the desire to lower the time threshold for working in Snowmass Village so that all Snowmass employees with one day or more of employment could participate in a lottery before offering units to Pitkin County employees. The other clarifications proposed below includes how the value of units are calculated upon resale. The intent of the Town's housing policy has been to control appreciation of value to help ensure long-term affordability. The policy has been to limit appreciation to 3% per year or CPI whichever is lower. III. DISCUSSION TOPICS & ACTION REQUESTED OF COUNCIL A. The following modification is proposed to reduce the minimum time of employment to 1 day for a Snowmass Village employee if there is a need for a secondary lottery which occurs only if there is not a qualified applicant with three or more years of employment in Snowmass Village. A three-year plus) employee would still have more chances to win in a lottery. The following reflects the proposed change: 17.5.1 At the end of the thirty (30) day Snowmass Village employee priority period, lottery chances will be assigned by the Housing Manager to qualified applicants, as follows: Years Employed Lottery Chances 1 day or greater but less than 3 1 3 or greater but less than 7 2 7 or greater but less than 11 4 11 or greater but less than 15 6 15 or greater 8" B. The next topic involves clarifying how the resale price is calculated if CPI declines. CPI has declined recently and staff wanted to ensure that an owner would not be forced by the Town to sell their home for less than the purchase price in the event CPI declines. It is possible that an owner may choose to sell their home for less than the purchase price due to market conditions. The following summarizes the existing and proposed text related to this issue. 17.4.3.1 Condominium Housing Units Acquired After July 22, 1991. The maximum resale price shall be computed as the lesser of: a. The purchase price plus a three percent (3%) annual increase prorated from the date of purchase; or b. 1. The purchase price by the current owner; 2. Multiplied by the Consumer Price Index - U.S. City Average and Regions - Urban Wage Earners and Clerical Workers (CPI-W) published by the United Stated Department of Labor, Bureau of Labor Statistics Divided by the CPI-W published at the date of purchase. 3. Divided by the CPI-W published at the date of purchase. 4. If the current CPI has declined below the closing date CPI the purchase price shall be used for the resale value. c. Plus the actual cost of capital improvements performed by the condominium association of the project in which the housing unit is located, paid for by the owner and approved by the Town, not to exceed ten percent (10%) of the owner's purchase price." Staff is requesteding that the Town Council review the proposed changes, make: modifications and approve via a motion the recommended changes to the Town's housing policy. Attachment A includes the entire body of the Town's Housing Regulations related to for sale units. The proposed changes are also found in red in the Attachment A Attachments: Attachment A: Proposed (in red) and existing language for Permanent Moderate Housing Rules and Regulations T:\Snowmass Projects\Housing\Housing Policy\Memorandum Revised Guidelines.doc Attachment A Permanent Moderate Housing Rules and Regulations 17.1 Purpose. 17.2 Application Procedure. 17.3 Qualified Applicants. 17.4 Resale Procedure. 17.5 Lottery Procedure. 17.6 Contract and Sale Procedure. 17.7 Housing Unit Rental. 17.8 Biennial Requalifications. 17.9 Appeals. 17.1 Purpose. To effectuate the orderly administration of housing units, the Town Council has determined that reasonable regulation is required. It is the intention of the Town Council to ensure that housing units shall be available for purchase and occupancy by qualified applicants at an affordable price. Public funds are being utilized to make the original purchase price of a housing unit affordable, and, therefore, restriction on the escalation of the value of the unit are required to ensure that the purposes of creation of the housing unit are maintained. 17.2 Application Procedure. 17.2.1 Application. On forms specified by the Housing Manager, an applicant shall provide information concerning employment, income, net worth, unit size, dependents and such other information deemed reasonably necessary to determine whether the applicant can be deemed a qualified applicant. All information provided by an applicant shall be considered confidential for use by the Housing Manager. 17.2.2 Procedures. Applications are available at the Housing Department office. Completed applications must be submitted with an application fee of Twenty Dollars ($20.00). An application is active for twelve (12) consecutive months. To apply for another housing unit, only a Confirmation Affidavit should be completed, with updated information and a reapplication fee of Twenty Dollars 20.00). Incomplete applications will not be accepted. 17.2.3 Verification of Application Information. The Housing Manger will verify all information contained in an application. If the Housing Manager determines that any information or statement in an application is not true or accurate, then the applicant may be permanently precluded from applying for the purchase of any housing unit or for the applying to rent any Town apartment. 17.3 Qualified Applicants. 17.3.1 Employee Qualifications. To apply for a housing unit, an adult employee must have been actively employed by an employer licensed pursuant to Section 4.2 of the Snowmass Village Municipal Code with a principal place of business in the Snowmass Village for a minimum of three (3) years. A minimum of one thousand four hundred (1,400) hours during a minimum period of eight (8) months per calendar year constitutes a year of active employment. 17.3.2 Maximum Income and Net Worth. The purchase price of a housing unit limits the income and net worth of an applicant to a maximum. Maximum Net Worth is sixty percent (60%) of the purchase price. Maximum Income is calculated by the average of the last three (3) years of Adjusted Gross Income from filed Federal Income Tax returns. Income and net worth is applicable to a specific purchase price of a housing unit as follows: Purchase Price Maximum Net Worth Maximum Income 70,000 42,000 59,578 80,000 48,000 62,375 90.000 54,000 65,172 100,000 60,000 67,969 110,000 66,000 70,765 120,000 72,000 73,562 130,000 78,000 76,359 140,000 84,000 79,156 150,000 90,000 81,953 160,000 96,000 84,750 170,000 102,000 87,547 180,000 108,000 90,343 190,000 114,000 93,140 200,000 120,000 95,937 210,000 126,000 98,734 220,000 132,000 101,531 230,000 138,000 104,328 240,000 144,000 107,125 250,000 150,000 109,921 260,000 156,000 112,718 270,000 162,000 115,515 280,000 168,000 118,312 290,000 174,000 121,109 300,000 180,000 123,906 310,000 186,000 126,703 320,000 192,000 129,499 330,000 198,000 132,296 340,000 204,000 135,093 350,000 210,000 137,890 360,000 216,000 140,687 370,000 222,000 143,484 380,000 228,000 146,281 390,000 234,000 149,007 400,000 240,000 151,874 410,000 246,000 154,671 420,000 252,000 157,468 430,000 258,000 160,265 440,000 264,000 163,062 450,000 270,000 165,859 460,000 276,000 168,655 470,000 282,000 170,000 480,000 288,000 170,000 490,000 294,000 170,000 500,000 300,000 170,000 Assets and liabilities are those defined as generally accepted accounting standards for individuals, including all business equity for self-employed persons and business owners. Tax deferred retirement funds must be presented but are subtracted from net worth. Contingent liabilities are not included. Eighty percent (80%) of the applicant's income must be earned within Snowmass Village and verifiable by W-2. Income and Net Worth levels for joint applicants will be combined. 17.3.3 Unit Size. To maximize the occupancy of housing units, an applicant can only apply to purchase a housing unit to accommodate the number of persons that will be residing with the applicant. The number of persons will include a dependant as defined in the Internal Revenue Code, or a minor child who resides on a part time basis of not less than one hundred twenty one (121) days per calendar year as a result of a court order. An applicant can only apply to purchase a housing unit with the number of bedrooms as follows: 4 or more Total Persons 1 bedroom 2 bedrooms 3 bedrooms bedrooms 1 X X 2 X X 3 X X 4 X X X 4 X X 17.3.4 Applicant Priorities. Upon qualifying to purchase a housing unit, an applicant may qualify for a further priority. 17.3.4.1 Disabled Employee Prioritization. A qualified applicant who personally, or who resides with a dependent who, has a physical impairment that substantially limits the major life activity of walking and substantially limits the ability of a person to climb stairs as established with a written documentation from a physician shall be deemed the first priority qualified purchaser for the purchase of a disabled housing unit, Daly Permanent Moderate Housing Townhomes Units 5, 8 and 10, without regard to other prioritization criteria. In the event that two or more qualified applicants desire the purchase the housing unit, then employment prioritization shall be utilized to determine the first priority qualified purchaser. 17.3.4.2 In Complex Priority. A qualified applicant who is an employee owner of greater than one (1) year of a housing unit in the project where a housing unit is offered for sale is located of greater or lesser number of bedrooms offered for sale shall be deemed the first priority qualified purchaser for the purchase of the housing unit without regard to other prioritization criteria. In the event that two or more such qualified applicant employee owners desire to purchase the housing unit, then employment prioritization shall be utilized to determine the first priority qualified purchaser. 17.4 Resale Procedure. 17.4.1 Housing Unit Inspection. As a condition precedent to filing a notice to sell a housing unit, the owner shall obtain an approved pre-sale inspection from an inspector approved by the Housing Manager. Upon successful completion of the inspection, an approved inspection report shall be issued and all cost of such report will be paid by the owner. 17.4.1.1 Standards. The inspection will disclose the physical condition of the housing unit. The housing unit must meet a minimum standard of maintenance and cleanliness. The approved inspector will grade the housing unit on a standard approved by the Housing Manager. 17.4.1.2 Repairs. If the pre-sale inspection discloses deficiencies, then the owner shall correct all deficiencies. The housing unit shall be reinspected to confirm that all such deficiencies have been properly corrected. 17.4.2 Notice to sell. After receipt of the approved inspection report and the notice of intent to sell, the Housing Manager shall calculate.the maximum resale price. The Housing Manager shall then collect a resale fee equal to one percent 1%) of the maximum resale price of a condominium housing unit to a maximum of One Thousand Dollars ($1,000.00), and one-half of one percent (.5%) of the maximum resale price of a house to a maximum of One Thousand Five Hundred Dollars ($1,500.00). Upon good cause shown, the Housing Manager may authorize alternate arrangements for the payment of the resale fee. 17.4.3 Resale Price Calculation. The Housing Manager shall calculate the resale price based upon the date the owner acquired the housing unit and upon the owner's purchase price. 17.4.3.1 Condominium Housing Units Acquired After July 22, 1991. The maximum resale price shall be computed as the lesser of: a. The purchase price plus a three percent (3%) annual increase prorated from the date of purchase; or b. 1. The purchase price by the current owner; 2. Multiplied by the Consumer Price Index - U.S. City Average and Regions - Urban Wage Earners and Clerical Workers CPI-W) published by the United Stated Department of Labor, Bureau of Labor Statistics Divided by the CPI-W published at the date of purchase. 3. Divided by the CPI-W published at the date of purchase. 4. If the current CPI has declined below the closing date CPI the purchase price shall be used for the resale value. d. Plus the actual cost of capital improvements performed by the condominium association of the project in which the housing unit is located, paid for by the owner and approved by the Town, not to exceed ten percent (10%) of the owner's purchase price. 17.4.3.2 Crossings at Horse Ranch Housing Units. The maximum resale price shall be computed as the lesser of: a. The base price as maintained in the records of the Housing Manager, plus the cost of finishing the basement from the date of completion in accordance with the description of the basement option not to exceed the cost of a standard basement option, plus a three percent (3%) annual increase prorated from the date of purchase; or b. 1. The base price as maintained in the records of the Housing Manager, plus the cost of finishing the basement from the date of completion in accordance with the description of the basement option not to exceed the cost of a standard basement option; 2. Multiplied by the Consumer Price Index - U.S. City Average and Regions- Urban Wager Earners and Clerical Workers (CPI-W) published by the United Stated Department of Labor, Bureau of Labor Statistics, last published prior to the date of notice of intent to sell; 3. Divided by the CPI-W published at the date of purchase. c. Plus the cost of any house option that is installed after the issuance of the original certificate of occupancy plus the cost of the deck option, if it was subtracted from the calculation of the house base price by the Housing Manager. From the issuance of the original certificate of occupancy, the maximum amount that can be added under this provision shall be limited to ten percent (10%) of the house base price that shall escalate as follows: 1. To five (5) years, five percent (5%) of the house base price. 2. To six (6) years, six percent (6%) of the house base price. 3. To seven (7) years, seven percent (7%) of the house base price. 4. To eight (8) years, eight percent (8%) of the house base price. 5. To nine (9) years, nine percent (9%) of the house base price. 6. To ten (10) years, ten percent (10%) of the house base price. To substantiate such amounts, an owner shall provide the Housing Manager an affidavit of owner setting forth the amounts expended for improvements with receipts attached thereto, and the certificate of completion issued by the Building Official for the improvements, if required, or if no certificate of completion is required, then a statement from the Building Official that the improvements installed did not require a certificate of completion. If such amount has not previously been substantiated to the satisfaction of the Housing Manager, it shall be provided with the notice of intent to sell. For purposes of this section, an option to a Crossings housing unit means any improvement, which was approved by the Town Council as an option to the basic house design, as set forth in Exhibit "A" to the Horse Ranch Employee Housing Development Agreement entered into by and between the Town and Foresite Capital Facilities Corporation on April 22, 1984, plus automatic sprinkler system, gutter and downspout, permanent landscaping and heat tapes. 17.4.3 .3 Condominium Housing Units Acquired Before July 22, 1991. For housing units located in the Creekside Condominiums and County Club Townhomes that have been continuously owned by the same owner on and before July 22, 1991, the current resale price is computed as follows: a. 1. The purchase price by the current owner; 2. Multiplied by the Consumer Price Index - U.S. City Average and Regions - Urban Wage Earners and Clerical Workers (CPI-W) published by the United States Department of Labor, Bureau of Labor Statistics, last published prior to the date of notice of intent to sell; 3. Divided by the CPI-W published at the date of purchase. b. Plus the depreciated cost of improvements to the condominium unit which have been paid for by the owner and approved by the Town Council. c. Plus the actual cost of capital improvements performed by the condominium association of the project in which the housing unit is located, paid for by the owner and approved by the Town, not to exceed ten percent (10%) of the owner's purchase price. 17.4.3.4 Publication. The Housing Manager shall cause a notice of the availability of the housing unit purchase to be published in the Snowmass Village Sun once a week for four (4) consecutive weeks. 17.5 Lottery Procedure. 17.5.1 At the end of the thirty (30) day Snowmass Village employee priority period, lottery chances will be assigned by the Housing Manager to qualified applicants, as follows: Years Employed Lottery Chances 1 day or greater but less than 3 1 3 or greater but less than 7 2 7 or greater but less than 11 4 11 or greater but less than 15 6 15 or greater 8 Following the assignment of lottery chances to qualified applicants, the Housing Manager shall schedule and conduct a lottery to determine the priority of qualified purchasers. If a chance of a qualified applicant is chosen more than one time, all subsequent chances will be disregarded. 17.6 Contract and Sales Procedure. 17.6.1 The first priority qualified purchaser shall have seven (7) days to enter into a contract with the owner for purchase of the housing unit. In the event that a contract is not timely entered into then the next priority qualified purchaser shall have seven (7) days to enter into a contract with the owner for purchase of the housing unit, and so on until a sale occurs. The owner may not reject an offer from a qualified purchaser that is for the maximum resale price or the current resale price, as the case may be, unless other terms and conditions of the offer are unreasonable as determined by the Housing Manager. If the housing unit has not been sold, the owner may list it for sale with a real estate broker, or negotiate a contract for its sale provided that the owner shall notify all prospective purchasers that they must be confirmed to be a qualified purchaser by the Housing Manager. 17.6.2 Advertising Housing Unit For Sale. The owner shall advertise the housing unit for sale by the placement of a "For Sale" sign meeting the requirements of Chapter 16A of the Snowmass Village Municipal Code at a conspicuous location. 17.6.3 Confirmation Of Qualification. At the closing of the sale, the Housing Manager shall confirm: 17.6.3.1 The status of the qualified purchaser to purchase the housing unit. 17.6.3.2 That the purchase price does not exceed the maximum resale price; and 17.6.3.3 All monies owing the Town have been fully paid. 17.7 Housing Unit Rental. 17.7.1 With the approval of the Housing Manager, and employee owner may rent the entire unit. The rental rate shall not exceed the rent for a comparable rental apartment owned by the Town. No short-term rentals will be allowed, and the total rental for a calendar year shall be limited to a maximum of six (6) months. 17.7.2 With written notice to the Housing Manager, the owner of a housing unit of not less than two (2) bedrooms may rent one (1) bedroom to a maximum of two (2) people, at least one (1) of whom is an employee. Provided, however, the owner must maintain residency in the housing unit, must occupy a bedroom in the housing unit and must receive prior approval for any such rental from the homeowners association in which the housing unit exists. 17.7.3 Where there exists a conflict between any limitation or requirement in this Code and any limitation requirement contained in any applicable protective covenant, deed restriction, condominium declaration, homeowners or condominium association bylaws or rules and regulations, as the same may be adopted or amended form time to time, the more restrictive limitation or requirement shall prevail. 17.8 Biennial Requalification. 17.8.1 All owners who close on the purchase of a housing unit after-August 31, 2002 must requalify biennially by completing and returning an affidavit within ninety (90) days and payment of a twenty dollars ($20.00) requalification fee. The affidavit will confirm the following: 17.8.1.1 The owner has been in physical residence in the housing unit for a minimum of eight (8) months each calendar year, is or is eligible to be registered to vote in the Town, possesses or is eligible to possess a valid Colorado drivers license and files a Colorado income tax return; and 17.8.1.2 The owner has been actively employed by an employer whose principal place of business is in Pitkin County for a minimum of one thousand four hundred (1,400) hours during a minimum period of eight (8) months per calendar year, or has attained the age of sixty two (62) after having been the owner of the housing unit for not less than five (5) years; and 17.8.1.3 The owner does not own any residential property within the Roaring Fork River Drainage situated in Eagle, Pitkin or Garfield Counties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including the City of Rifle; and 17.8.1.4 The owner does not exceed the income and net worth amounts to be determined by the Housing Manager. 17.9 Appeals. 17.9.1 Decisions by the Housing Manager may be appealed to the Town Council within 14 days with regard to enforcement of the rules and regulations. MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: March 2, 2009 SUBJECT: Environmental Advisory Committee I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL A. Provide direction to staff concerning the creation of an environmental advisory group for the Town. II. DISCUSSION On February 2, 2009, Council accepted the Snowmass Village Environmental Sustainability Plan and directed staff to develop a Council agenda item to consider the formation of an environmental advisory body. Staff is requesting clarification as to whether Council desires to create a formal Town Board or Commission, or a less formal ad-hoc committee or task force. Article VIII of the Town Charter provides for the formation of Boards and Commissions in order to "insure the participation of citizens on a continuing basis in the governmental process. Furthermore, Section 8.1 of the Charter states that the Council "shall cause to be established such boards and commissions as the Council deems necessary including advisory and appeal boards." Should Council decide to create an Environmental Board, Commission, or Advisory Board pursuant to this Charter Section, the following requirements would apply (among others): 1 . The Council would create the board by adoption of an ordinance which sets forth its powers and duties. 2. The board would consist of at least five (5) members. 3. If designated as an "advisory" board, members would not be required to be residents and/or registered voters of the Town. 4. Members would be appointed by the Town Council for a designated term of office. 5. The board would elect its own chairman and vice chairman, and would establish its own rules of procedure. 6. All meetings would be open to the public. 7. Board vacancies would be filled with Council appointments following a public notice of such vacancy. Existing Town boards and commissions formed under these provisions include the Planning Commission, Board of Appeals and Examiners, Citizens Grant Review Board, Financial Advisory Board, the Marketing, Group Sales and Special Events Board, and the Part Time Residents Advisory Board. By contrast, the Town's Trails Committee is an "ad-hoc committee", which exists by virtue of a dedicated group of trail enthusiasts, who serve as its members. There is no requirement (by ordinance) for the Town to maintain this committee, and it has no definitive set of powers and/or duties assigned. Membership is open to any interested person, and is decided by the committee itself. The committee decides which issues or projects are of interest and concern, and offers recommendations to Council and the Public Works Department based upon their consensus opinion. Staff recommends that an environmental advisory group be formed, at least initially, as an ad- hoc committee, more along the lines of the trails committee. Rather than bringing forward an ordinance for Council adoption, staff would actively solicit community involvement through web advertisements, posted notices, and direct contact with community members that have expressed interest in environmental sustainability. In order to provide some understanding of the expectations of this committee, staff also requests Council feedback concerning its purpose. For discussion, staff has drafted the following as a potential purpose statement for this committee: The environmental (advisory committee /task force)'s primary purpose is to provide community input, technical expertise, and recommendations to Council and Town staff concerning the prioritization, implementation, updating, and/or amending of Goals and Implementation Concepts identified in the Snowmass Village Environmental Sustainability Plan. This body is also to serve and recruit community members, in a volunteer capacity, to help accomplish the Town's Annual Environmental Implementation Plan. Initial tasks of this committee will likely be to convene an organizing meeting, recruit members, and agree upon a final purpose statement. With regard to the 2009 Environmental Implementation Plan, this group will be able to provide immediate input on the creation of a Baseline Environmental Indicators Report, the preparation of "Green" Special Events Criteria, and a review of the Town's Building, Land Use & Development Codes. MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: March 2, 2009 SUBJECT: REVIEW AND DISCUSSION OF RENEWABLE ENERGY OFFSET PROGRAM FEES AND APPLICABILITY PROVISIONS 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL A. Review the Renewable Energy Offset Program (REOP) fees pursuant to the provisions of Section 18-224.7.b of Ordinance No. 11, Series of 2008; B. Discuss the applicability provisions of Section 18-224.7 of Ordinance No. 11, Series of 2008; and C. Provide direction to staff concerning proposed amendments to Ordinance No. 11, Series of 2008. II. DISCUSSION FEES On September 8, 2008, Council adopted the attached Ordinance No. 11, Series of 2008, establishing Building Efficiency Standards and a Renewable Energy Offset Program REOP). Section 18-224.7.b of Ordinance No. 11 provides that: The Town Council shall review the fees established by this ordinance within one year of the ordinance's effective date. Ordinance No. 11 became effective on November 1, 2008. Furthermore, on October 20, 2008, Council passed a motion to conduct the subject review on March 2, 2009. To date, the Town has not received any building permit applications that have triggered the requirement to show compliance with, or pay fees pursuant to the provisions of Ordinance No. 11. As such, staff recommends that any substantive review and/or amendment of the fee schedule be postponed to a later date within the one year timeframe described above. APPLICABILITY Section 18-224.7 of Ordinance No. 11 provides that: This Ordinance shall become effective on November 1, 2008, and shall apply to all Building Permit applications received after that date. However, Section 18-224.7.a goes on to say that: Planned Unit Developments that have received Final Approval prior to the effective date shall not be subject to the provisions of this Ordinance. Staff believes that this section creates a conflict, and detracts from the original intent of this ordinance, in that; nearly every approved development within Snowmass Village exists under a Finally Approved PUD. As such, the adopted language exempts nearly all existing development within the Town from being subject to Ordinance No. 11. III. STAFF RECOMMENDATION Staff recommends that Council: A. Direct staff to schedule a Council agenda item to review REOP fees at an appropriate time prior to November 1, 2009, and B. Direct staff to prepare an agenda item to consider adoption of an ordinance amending Section 18-224.7 to read as follows (Note amended language in italics): 18-224.7. Effective Date and Applicability. This Ordinance shall become effective on November 1, 2008, and shall apply to all Building Permit applications received after that date. a. Planned Unit Developments that have received Final Approval prior to November 1, 2008, and which remain un-built or incomplete as of that date, shall be exempt from the provisions of this Section 18-224. b. The provisions of this Section 18-224 shall apply to that portion of any Amendment to a Finally Approved Planned Unit Development, and/or to any building permit application concerning a Finally Approved Planned Unit Development that includes: i. Additional building area, or ii. The addition of an outdoor pool, hot tub, snowmelt system, or heated garage, or iii. An increase in size of an already approved outdoor pool, hot tub, snowmelt system, or heated garage. c. The Town Council shall review the fees established by this ordinance within one year of the ordinance's effective date. ATTACHMENT Ordinance No. 11 , Series of 2008 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 11 SERIES OF 2008 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH BUILDING EFFICIENCY STANDARDS AND A RENEWABLE ENERGY OFFSET PROGRAM (REOP). WHEREAS, the Town Council supports and promotes energy conservation and the use of energy efficient building practices within the Town of Snowmass Village; and WHEREAS, the Town Council supports and promotes renewable energy generation within the Town of Snowmass Village; and WHEREAS, the Town Council finds it necessary and beneficial to establish building efficiency standards that exceed those required under the Town's Energy Conservation Code, and WHEREAS, the Town Council finds it necessary and beneficial to require on-site renewable energy generation to offset the energy demand of outdoor amenities such as pools and hot tubs, snowmelt systems, and heated garages, and WHEREAS, the Town Council finds it necessary and beneficial to establish in- lieu fee options for property owners that choose not to employ energy efficient building practices, or that wish to build highly energy consumptive outdoor amenities, and WHEREAS, the revenues derived from such in-lieu fees will establish a funding mechanism to facilitate the development of renewable energy generation projects and programs to enhance energy efficiency throughout the Village; and WHEREAS, the Town Council finds that the adoption of this Ordinance is in the best interest of the Town and is reasonably necessary to promote and preserve the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, as follows: A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the addition of the following: Sec. 18-224. Building Efficiency Standards and Renewable Energy Offset Program (REOP) 1. Residential Construction This section shall apply to all residential new construction, and to any residential addition of at least 1,000 square feet. In order to provide evidence of compliance with this Section, a Home Energy Rating System (HERS) rating shall be submitted at the time of 08-11 TC Page 2 of 6 building permit application. A final HERS rating certificate, based upon field inspections and testing conducted during construction, shall be submitted prior to receiving a Certificate of Occupancy. a. Residential building projects up to 5,000 square feet are required to achieve a minimum Home Energy Rating System (HERS) Index of 70, or less, utilizing the Colorado Energy Star Home Energy Rating System, and . i. In lieu of achieving the required HERS Index, owners may pay a fee of$5.00 per square foot. b. Residential building projects between 5,000 and 9,999 square feet are required to achieve a minimum HERS Index of 65 points, or less. i. In lieu of achieving the required HERS Index, owners may choose to comply with the HERS Index requirements of Section 18- 224.1.a. above, and pay a fee of$3.00 per square foot. c. Residential building projects of 10,000 square feet, or more, are required to achieve a HERS Index of 60 points, or less. i. In lieu of achieving the required HERS Index, owners may choose to comply with the HERS Index requirements of Section 18- 224.1.b. above, and pay a fee of$4.00 per gross square foot. " If a residential building project includes exterior energy uses, then a separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 2. Non-Residential and Mixed-Use Construction This section shall apply to all non-residential or mixed-use new construction, and to any non-residential or mixed-use addition of more than 1,000 square feet. For buildings or additions up to 5,000 square feet, COMcheck documentation or a DOE-2 based energy simulation shall be submitted as evidence of compliance with this section. For buildings greater than 5,000 square feet, a DOE-2 based energy simulation shall be required. a. Based upon total energy usage for the building or addition being proposed, non-residential or mixed-use building projects are required to exceed the performance of the Town's Energy Conservation Code in place at the time the building permit is issued by at least 30%. i. For building projects pursuing Leadership in Energy and Environmental Design (LEED) certification, energy efficiency requirements and performance reviews may be based upon the standards established by the US Green Building Council (i.e., American Society of Heating, Refrigerating and Air Conditioning Engineers -ASHRAE Standard 90.1). ii. In lieu of achieving the required energy performance standards, owners may pay a fee of$8.00 per square foot and shall meet the performance standards required pursuant to the Town's Energy 08-11 TC Page 3 of 6 Conservation Code in place at the time the building permit is issued. If a non-residential or mixed-use building project includes exterior energy uses, then a separate and additional fee may be required pursuant to Section 3. Exterior Energy Use, below. 3. Exterior Energy Use. This section shall apply to outdoor pools, hot tubs, snowmelt systems, and heated garages. a. At least 50% of the Annual Energy Use accountable to outdoor pools and hot tubs, snowmelt systems, and heated garages, as defined in Section 18- 224.3.b and Section 18-224.3.c, and in excess of the "Fee Exempt Area" described therein, shall be offset with renewable energy generated on site. b. Heated Garages. Any garage heated by a boiler or furnace system must be controlled by a separate thermostat and zone. A REOP fee shall apply for these types of applications, as described below. c. In lieu of producing the required amount of renewable energy on site, owners may pay a fee calculated in accordance with the following fee schedule and calculation example: I L Single-Family Residential Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU/Sq. Ft. Area Above Exempt Area Snowmelt System 81,800 200 sq. ft. 34 See Note) Spa 430,000 64 sq. ft. 176 Pool 332,000 N/A 136 Heated Garage 19,500 See Section 18-224.3.b 8 NOTE: The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 200 square feet, or that portion of the on-site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life- safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners.) 08-11 TC Page 4 of 6 ii. Multi-Family Residential Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU/Sq. Ft. Area Above Exempt Area Snowmelt System 81,800 50 sq. ft. 34 See Note 1) Spa 430,000 64 sq. ft. 176 See Note 2) Pool 332,000 N/A 136 Heated Garage 19,500 N/A 8 NO( TE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 50 square feet per unit, or that portion of the on-site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life- safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners. ) NOTE 2: The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, or 3 square feet per unit.) C iii. Non-Residential and Mixed Use Energy Use Annual Energy Use Fee Exempt Fee per SF Type BTU/Sq. Ft. Area Above Exempt Area Snowmelt System 81,800 See Note 1)34 Spa 430,000 64 sq. ft. 176 See Note 2) Pool 332,000 N/A 136 Heated Garage 19,500 N/A 8 NOTE 1: The Fee Exempt Area for snowmelt systems shall apply to driveways and driveway aprons only, and shall be equal to the greater of 200 square feet, 50 square feet per unit, or that portion of the on-site driveway that exceeds 8% slope plus 200 square feet. The Fee Exempt Area for snowmelting shall not apply to decks, patios, or walkways unless the Chief Building Official determines that snowmelting of these areas represents a life-safety issue and is essential to building ingress or egress. Applicants may appeal decisions regarding the necessity of providing snowmelted decks, patios, or walkways to the Town's Board of Appeals and Examiners.) NOTE 2: The Fee Exempt Area for Spas shall be equal to the greater of 64 square feet, or 3 square feet per unit.) l 08-11 TC Page 5 of 6 d. The fees described in the schedule above shall be applied on a per square foot basis for exterior energy uses exceeding the "Fee Exempt Area," if 50% of such energy use is not offset with on-site renewables. Fees shall be calculated and adjusted to account for mechanical equipment efficiency as illustrated by the following calculation EXAMPLE: A driveway snowmelt system of 700 square feet is proposed for a relatively flat single-family home site with a boiler efficiency of 85%. The 200 square foot "Fee Exempt Area" is excluded from the fee calculation. A fee of$34 per sq. ft. applies to the remaining 500 sq. ft. ($34 x 500 = $17,000). That amount is adjusted by an efficiency rating of 0.85 ($17,000/0.85 = $20,000), resulting in a total in-lieu fee of $20,000. 4. Energy Code Review Fee. An Energy Code Review fee equal to the lesser of One Thousand Dollars ($1,000) or Ten Percent (10%) of the project's Building Permit Fee shall be paid prior to Building Permit issuance in order to cover the Town's administrative costs associated with verifying compliance with this Section 18-224 and calculating the required REOP Fees, if any. Energy Code Review Fees shall be required regardless of whether an owner elects to meet the applicable building efficiency standards, or pays a fee in-lieu. S. Fee Collection Fees will be collected by the Town of Snowmass Village Building Department prior to Building Permit issuance. Collected fees shall be deposited to the Town's Renewable Energy Offset Program Fund. A building project will not be eligible to receive a Building Permit until the project owner has demonstrated that the required energy performance standards and/or on-site renewable energy generation requirements have been achieved, or that the Town has received payment of the in-lieu fee. 6. Management and Appropriation of REOP Funds. Fees collected and deposited into the REOP account are to be managed by the Town Manager, or their designee, as such designee may be determined by Resolution of the Town Council of the Town of Snowmass Village. Expenditures of REOP funds shall be used for the following purposes: a. planning, design, and implementation of renewable energy generation projects, b. purchase of renewable energy offsets (credits), c. providing a community grant and/or rebate program for energy efficiency enhancements or renewable energy generation projects, and d. funding other resources and administrative costs associated with green building and environmental sustainability-oriented efforts. . t 08-11 TC Page 6 of 6 Expenditures shall be consistent with the Renewable Energy Offset Program Protocols, as such Protocols shall be described and approved by Resolution of the Town Council of the Town of Snowmass Village prior to the effective date of this Ordinance. 7. Effective Date and Applicability. This Ordinance shall become effective on November 1, 2008, and shall apply to all Building Permit applications received after that date. a. Planned Unit Developments that have received Final Approval prior to the effective date shall not be subject to the provisions of this Ordinance. b. The Town Council shall review the fees established by this ordinance within one year of the ordinance's effective date. 8. Waivers. Upon receipt of a written waiver request from a project applicant, the Town Council may elect to waive any or all of the provisions of this ordinance based upon a finding of community benefit, or public safety need. 9. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on the First Reading on August 4, 2008 upon a motion by Mayor Mercatoris second of Council Member Sparhawk, and upon a vote of 3 in favor and 0 opposed. Council Members Mordkin and Wilkinson were absent. READ, APPROVED AND ADOPTED, by the Town Council of the town of Snowmass Village on Second Reading on September 8, 2008 upon a motion by Council Member Sparhawk, the second of Council Member Wilkinson, and upon a vote of 4 in favor and Oopposed. Council Member Lewis was bsent:.. TOW OF WMASS VILLAGE Do 'la er toris, Wayor AT Rhonda Coxon, Town Clerk APPROVED AS TO FORM: John Dresser, Town Attorney MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: March 2, 2009 SUBJECT: DISCUSSION REGARDING LOCAL RETAIL AND DEMOLITION: A PLANNER'S TOOLBOX Planners: Chris Conrad, Planning Director I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: To more clearly identify the issues related to "locally-serving" businesses and demolition and more specifically define the community goals that are to be achieved. Town Council directed Staff on September 22, 2008 to further investigate and provide a "Next Steps" course of action regarding implementing regulatory "tools" that could be utilized in achieving the Community's goals as they relate to "locally owned" and/or locally-serving" businesses and the demolition of buildings. II. RETAIL BACKGROUND: Prior to the development of Base Village, Snowmass Village has supported two (2) commercial/retail centers: West Village (aka Snowmass Mall) serves the needs of skiers and overnight guests; and the Snowmass Center provides basic locally serving businesses (grocery store, post office, drug store/liquors)for residents and guests. Many of these businesses have largely been locally-owned or regionally-based, seasonally-adjusted operations. With the addition of Base Village as a third commercial/retail node at the base of the ski area that is more "resort retail" oriented serving visitors and locals alike, the potential change in character, scale and retail/commercial mix has generated concerns within the community. While it was generally understood at the last meeting that regulating to achieve a preference for"locally owned" businesses would be very problematic, there were planning tools available (discussed below) that can ensure that locally-serving businesses and essential services will be maintained and/or even enhanced in the future. Discussion last September clearly indicated a desire to regulate "formula retail" businesses by limiting or restricting the number of businesses by type, size or location. Formula Retail" typically means a type of retail sales activity or retail sales establishment that is required to maintain a standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, sign, decor, architecture, layout, uniform, or similar standardized feature. Implementing regulations to achieve the above need to be carefully considered and have a solid legal basis to support their adoption. Achieving stability and balance in the provision of services or preserving small town community character and economic vitality could be considered to be legitimate goals provided the regulations imposed are supported by solid retail economic and fiscal impact studies. These studies are roughly estimated to cost between $20,000 - $50,000 and are not currently budgeted. Staff, therefore, recommends not proceeding with regulating formula retail at this time. Staff will, however, consider potential Land Use Code amendments that may aid in achieving that goal. III. RETAIL "NEXT STEPS": Staff recommends the following initial actions: Zone Districts: Staff previously pointed out that the Land Use Code presently has six (6) Mixed Use/Commercial zone districts of which only three may be utilized for new development. In addition, the Snowmass Center and majority of the West Village Mall properties are zoned SPA-1, Specially Planned Area. Properties currently zoned SPA-1, MU, MU/PUD or CC/PUD will need to be rezoned as part of any new development proposal. Staff recommends that the three (3) active commercial zone districts (MU-1, MU-2 and CC) be analyzed to determine whether they may be clarified to establish distinct and predictable commercial use patterns. With the exception of Base Village (zoned MU- 2), virtually all existing or potential commercial property within the Town will need to be rezoned as part of their redevelopment. The current zone districts generally overlap with respect to permitted uses and should be refined to achieve greater precision in defining the permitted retail/commercial use types within the three (3) existing zone districts or additional commercial zone districts could be created. 13 Permitted Uses: Table 3.1, Schedule of Uses, in the Land Use Code contains a matrix identifying whether certain uses are permitted, require special use approval or are prohibited within each of the various zone districts. Commercial uses are only broken down into four(4) categories: a. Retail Sales Establishments; Business/Professional Office b. Personal Services; Restaurants c. General Services; Gasoline Service Station d. Commercial Recreation Facilities The Schedule of Uses table should be expanded to be more specific in defining the above commercial use categories. This is needed to achieve the proper balance between tourist "resort-oriented" and locally-serving businesses/services. The current commercial permitted uses are too general and will not achieve that goal. Commercial Village Scale: One desire expressed previously was that the existing village-scale commercial/retail scale be preserved. The Land Use Code could be modified to establish floor area (size) and height limitations, architectural design standards and to incentivize projects that promote the concept. The PUD process would then be modified to encourage that type of design. If the development standards and mitigation requirements through the PUD process are well defined and reasonable, there should be more "certainty"for both the Town and applicant and a more manageable approval process. Comprehensive Plan: The Comprehensive Plan is a valuable tool for defining the community's vision and land use philosophy. It also serves as a basis for adopting amendments to the Land Use Code to create regulatory actions necessary to implement its policies and goals. The Town Council will shortly begin reviewing the Draft Comprehensive Plan and must recognize that it serves as a foundation and guide for the development of zoning regulations as well as to be a useful guide for decision making and future planning studies. The "Regional & Community Economics", "Built Environment , and "Actions & Implementation" chapters of the should be carefully considered and incorporate clearly defined policies and goals to encourage and sustain local community serving businesses as well as define the vision for village-scale commercial/retail. Community Purposes: Consideration could be given to amend the PUD Community Purposes provisions to more specifically address the economic benefits of providing for locally-serving businesses as a reasonable purpose for permitting a variation from a parcel's maximum buildout limitation. The "encourage sustainable development" could be amended to better address commercial and economic benefits to the community. Developers may choose to offer on-site locally-serving space and/or make commercial rent structure adjustments as a Community Purpose to mitigate an impact created by the proposed development requiring approval of a variation from the underlying zoning dimensional limitations or development parameters. Development or Community Benefits Agreement: Subject to a developer's willingness to offer and the Town's acceptance, there is the ability to consider locally- serving business or other commercial use conditions as part of a PUD approval. Development agreements can be utilized to achieve community goals. IV. DEMOLITION BACKGROUND: Section 3303, Demolition, of the International Building Code specifies that Construction documents and a schedule for demolition needs to be submitted to the building official when required. Additional requirements call for pedestrian protection, returning the site to the existing grade, preventing water runoff onto or damage to adjoining properties and ensuring that all service utilities are discontinued and capped. The building department requires approval of a permit for any structural demolition within the Town. All demolition permit applications are reviewed by the planning department prior to building department permit issuance. The Land Use and Development Code ("Land Use Code') currently only requires review and approval of demolition work in conjunction with the construction management plan submitted as part of a Planned Unit Development ("PUD") application. We do recommend to landowners that a topographic survey be prepared prior to demolition in certain instances in order to document the existing grade for future use in calculating building height for the replacement building(s). Staff researched numerous permit processes utilized by communities and essentially found that restrictions or limitation were imposed in three (3) instances only: 1. Historic Buildings I Landmarks. This would apply to buildings having historic/landmark designations or located within historic districts. 2. Buildings Constructed Prior to a Date Certain. Generally, a time delay is authorized for buildings 20-50 or more years old to enable the community to evaluate whether the structure warrants or qualifies for historical designation. 3. Downtown Core or Special District. Sometimes the community has specifically designated areas as part of their zoning plan and provisions were established at that time regarding demolition (in part or in whole) and establishing redevelopment criteria. Two (2)other standards were occasionally found that required findings by the building or planning official: 1. Economic Feasibility of Rehabilitation. The official would consider the suitability of restoring the structure, without undue financial hardship, to such condition that would allow it to be used or occupied, and, if preserved, whether the structure would yield a reasonable economic return. 2. Unique Circumstances. The demolition permit applicant would need to demonstrate that undue hardship or unique circumstances exist which V. DEMOLITION "NEXT STEPS": Demolition Background above describes the current Town process for handling demolition permits. Staff is of the opinion that provisions cannot be applied to consider economic feasibility or unique circumstances in determining whether a demolition permit should or should not be approved. Aspen has regulations pertaining to designated historic buildings. In addition, structures constructed prior to 1980 cannot be demolished without further review to determine whether historical preservation is warranted. Staff recommends the following initial actions: Require a more detailed site management plan to include a material recycling plan, tree identification and protection/preservation methods (Town may still consider adopting a tree preservation ordinance), site grading, sidewalk protection and pedestrian access around the site, runoff control, weed control, details of any proposed fencing or screening, and site appearance control. Require a performance bond to ensure that the excavation will be filled and the site restored. Investigate ways to implement demolition control provisions on future development approvals and structures not yet constructed or renovated. Require a detailed evaluation of whether a demolition permit may be issued if the subject structure or improvements were considered essential components of an overall PUD or were provided as a community purpose in order to receive a variation from the Land Use Code development parameters or dimensional limitations. Verify that there are no restrictions placed or conditions imposed on the property when the original PUD was approved that necessitate having the structure or improvement remain until mitigation is provided to offset the effect that its removal would have upon the restriction or condition originally imposed. VII. NEXT STEPS: Depending on direction by Town Council, staff will begin to implement the preferred options and return for specific policy discussions. The Town Council will commence review of the Draft Comprehensive Plan soon. TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: MARCH 2, 2009 COMPREHENSIVE PLAN UPDATE The Planning Commission met on February 18`h 2009 and unanimously voted via a resolution to recommend approval of the draft Comprehensive Plan. The Town Council now needs to determine how they would like to move forward with its review. Staff would like to make an initial presentation to summarize the formatting changes made with the Planning Commission and highlight the substantive changes made to the policies in the document. JOINT MEETING WITH TOWN COUNCIL AND PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC) The BOCC will meet with the Snowmass Village Town Council on April 6, 2009 in Snowmass Village. ELECTED OFFICIALS TRANSPORTATION COMMITTEE (EOTC) The Next EOTC meeting is on April 16, 2009 at 4:00 at the City of Aspen Council meeting room. Summary of Ongoing and Pending Strategic Actions Last Updated— February 24, 2009 Staff Action Status Date to follow-up w/ Contact Council Land Use Comp. Plan Comprehensive The Planning Commission met on February March 2, 2009 Team Plan Update 18`h 2009 and unanimously voted via a resolution to recommend approval of the draft comprehensive plan to the Town Council. The Town Council now needs to determine how they would like to move forward with a review. Staff would like to make an initial presentation to summarize the formatting changes staff made with the Planning Commission and highlight the substantive changes made to the policies in the document. 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 16, 2009 approaches to tree protection. Staff has several ordinance examples available for Council. Trees on single-family lots are protected through the Snowmass HOA, which does regulate tree removal. Most PUDs in Snowmass have Landscape Plans that provide some level of protection from tree removal. Other Land Use Other Land Use Code Improvements should Code Issues also be considered with the completion of the Comprehensive Plan. Staff would recommend having a work session with Council to review potential code changes. Housin Housing Draw Site/Land As directed, the Housing Director retained May 2009. Department Inventory Design Workshop to complete a site analysis of the Draw Site for a housing ro ect. 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. On February 17`" the Town Council asked that the Land Inventory be completed after the Town completes is May Budget review. Housing Housing Policy The consultant has completed a rational March 16, 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 April 20, 2009 Terri and Cost evaluate criteria for allowing some costs from Everest) Recovery in Deed property damage incurred by natural disasters Restricted For in deed-restricted homes to be recovered Sale Housing upon the resale of the home. Examples of criteria discussed included: cap on recovery based on a % (percent) value of the home and requirements for comprehensive insurance. Budget/Finance Finance Monitoring Staff is carefully monitoring revenue and May 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 Envi ronment/Sustai nabil 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 April 6, 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 March 16, 2009 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 5th DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA MARCH 16, 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. 9. SERIES OF 2009 — APPOINTING NEW MEMBER TO THE BOARD OF APPEALS Time: 10 minutes) ACTION REQUESTED OF COUNCIL: Interview applicant, then approve, modify or deny Resolution No. 9, Series of 2009 Donna Spaulding..............................................Page (TAB--) Item No. 5: 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. 6: COMP PLAN REVIEW Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Please provide direction as to next steps for review of plan Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler).............................................................Page (TAB—) Item No. 7: MANAGER'S REPORT Time: 10 minutes) Russell Forrest..................................................Page (TAB--) Item No. 8: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB--) 03-16-09 TC Page 2 of 2 Item No. 9: APPROVAL OF MEETING MINUTES FOR: APRIL 21, 2008 AND NOVEMBER 17, 2008 Page (TAB--) Item No. 10: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No. 11: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 2 hours and 20 minutes (excluding items 1-3 and 8-11) TEL 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 TOWN COUNCIL REGULAR MEETING MINUTES NOVEMBER 3, 2008 CALL TO ORDER AT 4:00 P.M. Mayor Mercatoris called to order the Regular Meeting of the Snowmass Village Town Council at 4:03 p.m. on Monday, November 3, 2008. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Douglas Mercatoris, Sally Sparhawk, ReedLewis, John Wilkinson, and Arnold Mordkin. COUNCIL MEMBERS ABSENT: All council members were present. Russ Forrest, Town Manager; Rhonda B. Coxon, Town Clerk; Hunt Walker, Public Works Director: STAFF PRESENT:Jason Haber, Economic Resource Director, Joe Coffey, Housing Manager; Marianne Rakowski, Finance Director; John Dresser, Town Attorney Lee Ann Vold, John Schultz, Tom Yocum, Bob Purvis, Ian Long, Mike Canino, Dawn Sheperd, Scott PUBLIC PRESENT: Vold, Nancy Nevin, Donna Spaulding, Steve Alldredge, Charlie Podolak, Liza Podolak, Katie Redding and other Member of the Public interested in today's Agenda items Item No. 2 PUBLIC NON-AGENDA ITEMS Ian Long, a Snowmass Village resident, asked to speak to the Town Council regarding the elimination of shuttle service from the Crossings to Stirrup Circle in Horse Ranch. He is proposing less pick up stops above the Crossings and eliminate house to house pick ups on Meadow Wood Road. He is hoping that a compromise can be made by all parties to continue this service. He is willing to work with staff regarding this issue. 11-03-08tc Page 2 of 7 Item No. 3 COUNCIL UPDATES Mayor Mercatoris reminded everyone that November 4, 2008 is Election Day and please take this opportunity to vote. If you have not submitted an absentee ballot or voted early please get to the polls and vote. The Council Chambers is the polling place for Snowmass Village. Council Member Sparhawk spoke to recycling and what is acceptable in the mixed recycle bins in the Snowmass Village trash dumpsters. She provided several examples of what is and is not acceptable. Council Member Wilkinson announced there will be benefit for Steve Rausch's wife at Bumps on November 13, 2008. Steve Rausch is a long time employee of the Snowmass Ski patrol. His wife was diagnosed with a rare cancer. Item No. 4 KRABLOONIK UPDATE Police Chief Art Smythe stated that during the Public Non Agenda items at the opening of the September 18, 2008 Town Council meeting, several citizens addressed the council regarding their concerns about the care of the dogs at the Krabloonik kennel. Following this meeting, an advisory committee, Voices for Krabloonik, was formed by Lee Ann Vold and Bill Fabroccini. This group will work with Dan MacEachon on resolving the operational issues that they found most troubling. Town staff, including the Town Manager, has been monitoring this effort and all of those involved, including Mr. MacEachon, have reported that this dialogue has been productive and progress has been made on several fronts. Ms. Vold and Mr. Fabroccini, along with Mr. MacEachon, will be addressing Council as the landowner of the Krabloonik Property and will be providing an update regarding the purpose of the advisory committee, its progress to date and goals for the future. Bill Fabrocini and Lee Ann Vold addressed the history of how "Voices for Krabloonik" Krabloonik Advisory Committee formed and reviewed its mission statement. Vold reviewed the ten standards of care that needed improvement and were outlined at the September Town Council meeting. On October 15, 2008 a Veterinarian day occurred with 9 Veterinarians and a total of 25 volunteers inspected each and every dog. At that time is was discovered that there were 294 dogs not 250. The Aspen animal shelter has rescued a total of 14 dogs and all but 4 puppies are up for adoption. Fabrocini showed some pictures of the dogs at Krabloonik in the summer time. His biggest concern is the time these dogs are on the chains and the short length of the chains. The dogs live on a five foot chain with no regular exercise program. These are very special dogs and special athletes and keeping them on a five foot chain all summer is against their nature, the need to run, play and be with their pack. 11-03-08tc Page 3 of 7 Vold explained the summer grouping by fences and the challenges facing this type of exercise and the qualified staff that is needed to monitor the dogs for fighting. Council Member Sparhawk thanked everyone for working towards a common goal to take care of the dogs. She stated she is very impressed with the mission statement and the cooperation of everyone working together. Mayor Mercatoris thanked everyone for their effort and stated that he hopes they schedule time for another update with the new Town Council. Tom Yocum a Town of Snowmass Resident and Member of the Planning Commission speaking as a resident stated that since Krabloonik is Town property, he hoped that we would hold this business to the highest standards. Hedi Basick a part time resident of Snowmass Village asked if the Town of Snowmass Village would be able to hold a fund raiser for this particular situation. Council Member Mordkin stated this is Town property but it is leased to Dan MacEachon. Town Council took a 5 minute break at this time. Item No. 6 SECOND READIING - ORDINANCE NO. 15, SERIES OF 2008 Town Attorney John Dresser stated that Town Council accepted Liquor Licensing Authority Resolution No. 1 and directed staff to prepare an Ordinance for Council consideration. Ordinance No. 15, Series of 2008 passed at first reading on October 6, 2008 with the direction to staff to exclude licensees that do not serve alcohol on the premises from the TIPS training requirement. TIPS training is required for tastings pursuant to the tastings provisions of Colorado Revised Statutes. Sally Sparhawk made the motion to approve Ordinance No. 15, Series of 2008 Alcohol Educational requirements. Mayor Douglas Mercatoris seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Voting Aye: Mayor Douglas Mercatoris, Sally Sparhawk, John Wilkinson, and Arnold Mordkin. Voting Naye: Reed Lewis Arnold Mordkin made the motion to amend the Ordinance No. 15, Series of 2008 language on line 43 to read "Every liquor licensee who possesses a liquor license that actively serves alcohol by the drink shall have its....." Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 11-03-08tc Page 4 of 7 Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Sally Sparhawk, and Mayor Douglas Mercatoris. Voting Naye: None. Item No. 5 SECOND READING - ORDINANCE NO.13 SERIES OF 2008 Reed Lewis made the motion to approve by roll call vote Ordinance No. 13, 2008 amending the 2008 Budget for all the Town of Snowmass Village funds. Arnold Mordkin 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. 8 RESOLUTION NO. 28, SERIES OF 2008 Arnold Mordkin made the motion to approve Resolution No. 28, Series of 2008 approving the amended EOTC budget for free bus service to Snowmass Village. Sally Sparhawk seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Sally Sparhawk, and Mayor Douglas Mercatoris. Voting Naye: None. Item No. 9 RESOLUTION NO. 29. SERIES OF 2008-SNOWMASS CHAPEL Council Member Mordkin recused himself for the Chapel Discussion. Sally Sparhawk made the motion to approve Resolution No. 29, Series of 2008 extending the deadline for the submission of the Snowmass Chapel and Community Center to December 31, 2008. Mayor Douglas Mercatoris seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, Sally Sparhawk, and Mayor Douglas Mercatoris. Voting Naye: None. 11-03-08tc Page 5 of 7 John Wilkinson made the motion to amend Resolution No. 29, Series of 2008 to April 30, 2009. Mayor Douglas Mercatoris seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, Sally Sparhawk, and Mayor Douglas Mercatoris. Voting Naye: None. Item No.7 DEED RESTRICTION MODIFICATION TO RECOVERY OF COSTS FROM NATURAL DISASTERS Housing Manager Joe Coffey noted that Mayor Mercatoris asked that this discussion be put on today's agenda. Council requested a discussion with staff to determine if deed restricted employee homeowners' expenses incurred due to natural disasters should be recoverable. The current housing guidelines are very specific and do not allow the homeowner to recover any type of repair expenses. The discussion today is related to the flood that occurred at The Crossings on July 3, 2006 and the resulting repair expenses incurred by the homeowners. This area of policy can be modified by the Town Council by passing a motion to direct staff to change a specific housing policy. Public Comment at this time: Doug Casbeer homeowner at the Crossings thanked Mayor Mercatoris for putting this on the agenda. The Town designed the Crossings, and installed a debris flow pond, he stated this will happen again, he also commented that this incident was life or limb catastrophe. Charlie Podalak homeowner at the Crossings stated that the mud slide surface water would not have been covered. Why pay $5,000 a year or more for something not covered anyway? Housing Manager Joe Coffey was directed by Town Council to place this item on a future agenda with the new Town Council. Item No. 10 MANAGER'S REPORT Financial Advisory Board Recommendation Town Manager Russ Forrest stated that during the 2009 budget presentation, the Financial Advisory Board made the recommendation to review one or more of the Town's capital projects. They would like to review the Town Hall project on November 12th then in the following months, the Entryway and the Rodeo Home Projects. Staff believes this can be constructive in providing additional transparency 11-03-08tc Page 6 of 7 around the Town's public projects. The Financial Advisory Board needs direction from Town Council to conduct this type of review per the Town code. Town Clerk's Office The Town Council thanked Donna Garcia-Spaulding for her investigation into the Contractors in Snowmass Village being in good standing with their business license. This exercise brought in a total of $18,232.50 of additional 2008-2009 revenue for the Town of Snowmass Village. Item No. 11 APPROVAL OF MEETING MINUTES FOR OCTOBER 20, 2008 Reed Lewis made the motion to approve the Regular Meeting Minutes for October 20th, 2008, with the corrections suggested. Sally Sparhawk seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Mercatoris abstained. Voting Aye: Sally Sparhawk, Reed Lewis, John Wilkinson, and Arnold Mordkin. Voting Naye: None. Abstained: Mayor Douglas Mercatoris. Item No. 12 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Town Clerk Rhonda Coxon asked Town Council to save the date November 22, 2008 at 6:00 p.m. for the Boards and Commission Dinner at the Artisan. Council Member Lewis asked about extending the turn lane into the lower center going down hill on Brush Creek Road. Town Manager Russ Forrest will check with Public Works Director. Council Member Wilkinson asked why the speed bumps were taken out of the round-about. Town Manager Russ Forrest noted it was due to snow removal and he will report back after clarifying with staff. Item No. 13 ADJOURNMENT At 6:05 p.m. John Wilkinson made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on November 3, 2008. Douglas Mercatoris seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Sally Sparhawk, and 11-03-08tc Page 7 of 7 Mayor Douglas Mercatoris. Voting Naye: None. Submitted By, Rhonda B. Coxon, Town Clerk SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES FEBRUARY 2, 2009 CALL TO ORDER AT 4:00 P.M. At this time the Town Clerk Rhonda Coxon presented Mayor Boineau with a birthday cake and all present sang "Happy Birthday." Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council at 4:04 p.m. on Monday, February 2, 2009. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Markey Butler COUNCIL MEMBERS ABSENT: Arnold Mordkin Russ Forrest, Town Manager: John Dresser, Town Attorney: Rhonda B. Coxon, Town Clerk: Hunt STAFF PRESENT:Walker, Public Works Director: Jason Haber, Economic Resource Director; Susan Hamley, Marketing Director; Chris Conrad, Planning Director Hunter O'Hanian, Page D. Shuck, Joan Bemis, Mary Beth Blake, Steve Alldredge, Katie Redding, Carol PUBLIC PRESENT: Batchelder, Lisa Vogel, Jan Grenda, Sally Sparhawk, Chad Oliver, Dwayne Romero, Pat Smith, Scott Stenman other members of the public interested in today's agenda items. Item No. 2 PUBLIC NON-AGENDA ITEMS There are no public non-agenda items. Item No. 3 COUNCIL UPDATES Council Member Butler inquired about the telephone at the Town Park Depot. Town Manager Forrest stated there will be a phone installed in the near future. Mayor Boineau noted that he had the pleasure of welcoming the National Brotherhood of Skiers to Snowmass Village and expressed his gratitude to them for being here. 02-02-091c Page 2 of 9 Item No. 4 ARTS ADVISORY BOARD 2009 BUDGET AND WORK PLAN Hunter O'Hanian, Chairman of the Snowmass Arts Advisory Board (SAAB) introduced the members of the board in attendance. He addressed the Town Hall sculpture, a 2009 spending /operating plan, Arts and Culture chapter of the Comprehensive Plan, Town-wide art acquisition policy and continued fundraising by SAAB. The Town Hall art piece is $100,000 and the SAAB is committed to paying for half. Town Council and staff will need to provide an avenue for raising or paying for the other$50,000. O'Hanian re-stated the board's mission to advise the Council regarding the creation of public art and art education. The current budget is $132,125.90 and the proposed expenditures included all but $625.00. John Wilkinson made the motion to approve the proposed 2009 Spending/Operating Plan. Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, {Markey Butler, and Mayor Bill Boineau. Voting Naye: None. Council Member Wilkinson requested that the Town website be used to spread the word about SAAB and its fundraising efforts. He also stated that working jointly with the school district is another avenue for art education. Wilkinson asked if the existing blank pavers could be sold. After speaking with Related WestPac, Paige Shuck stated that replacing existing pavers is not feasible. Council Member Butler asked about the paver sales and if it is possible to purchase more pavers. O'Hanian stated that the Board is working on another space in Base Village for another round of pavers. Item No. 5 ENVIRONMENTAL SUSTAINABILITY PLAN Economic Resource Director Jason Haber stated this work has been ongoing for a over a year. He stated that this plan is synthesized directly from community input received during public workshops held in July of 2008, through follow-up work with staff as well as from special districts and local non-profits serving Snowmass Village. He noted a detailed discussion of "Background and Process" is provided within the plan itself. He stated that, as of this date, the Town of Snowmass Village is operating under a contingency budget plan, which has required cuts to existing programs, services, 02-02-09tc Page 3 of 9 and staffing. As such, the 2009 Environmental Implementation Plan does not include any Implementation Concepts that involve new budget appropriations of staff resources. Haber provided fifteen Environmental Sustainability Implementation Concepts which represents a broad collection of ideas identified to help the community reach its environmental Goals. Implementation Concepts will be selected for inclusion in an Environmental Implementation Plan" as priorities dictate, and as resources are made available. Council Member Wilkinson would like to see the Sustainability Plan on the Town's website and stated an interest in an Advisory Board to assist Haber with this project. If this is to be a Town Board he would like the Code changed before the moratorium is lifted. He also thanked Susan Hamley, Anita Manchester and Wendy Harris for their help in moving this project along. John Wilkinson made the motion to approve the adoption of the Sustainability Plan. Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. Sally Sparhawk, resident of Snowmass Village, spoke to the non cost items and stated there are agencies that the Town could partner with. She also volunteered to be on the Advisory Board. John Wilkinson made the motion to amend the approval to also approve an Advisory Board for the Environmental Sustainability Plan. Reed Lewis seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, and Markey Butler. Voting Naye: None. Sally Sparhawk, a Snowmass Village resident, stated another way to save paper is to call unwanted magazines/advertisements or write them a letter asking to be taken off their mailing list; pay all utilities online; don't use paper towels use rags; don't use Kleenex use handkerchiefs all of this will save money and carbon. 02-02-09tc Page 4 of 9 Item No. 6 PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 2, 5:12 p.m. Mayor Boineau opened the Public Hearing and at this time. Council Member Wilkinson asked that Item No. 7 be moved up on the agenda. Town Attorney John Dresser stated that Item No. 6 should be heard first then Item No. 7 before voting. Town Manager Russ Forrest stated that the applicant and staff have worked diligently to work out issues and there are still some in need of discussion. Senior Planner Jim Walhstrom stated that staff agrees with the Planning Commission's findings and recommendations, but as of the writing of this report, staff has not had adequate opportunity or time to review the latest updated amendment plans provided on January 28, 2009, which is an update to the one staff received on January 26, 2009, that includes some stakeholder approval of the modified clinic staging areas. Town Council should determine whether to accept the amendment supplement prior to consideration and action of attached Ordinance 2. As a suggested condition in the ordinance, the Applicant should resolve any outstanding comments from the Town Engineer and the Fire Protection District Exhibit "C" of the attached Ordinance 2) with the subsequent construction plans for Building 8. At 5:29 p.m. Council Member Mordkin arrived. Planning Director Chris Conrad and Transportation Director David Peckler have stated some concerns and issues that need to be addressed in regards to the Transit Center and were not able to come to a conclusion with all the concerns by this meeting time. Peckler reviewed the issues stated in his memo, after review of the packet materials, for the Development Agreement for Building 7. Council Member Mordkin briefly explained the Metro District and why is was formed. Council Member Lewis commented on the copper roof on Building 8, the status of LEED Certification on the Transit Center with all the changes and the 58 sq. ft. of employee housing being used as a community benefit. He also asked if there is backup power for the Clinic, the response was yes. Council Member Wilkinson inquired if SAAB would be allowed to continue selling pavers and Council Member Butler asked about substantial art work in the arrival center. At this time the Town Council reviewed the redline version of Ordinance No. 2, Series of 2009 and provided changes and comments for staff and the applicant. Council Member Wilkinson, Lewis and Mordkin requested the Town Attorney John Dresser work on language with Related WestPac's attorney Joe Krabacher relating to adding an additional escalator in the future if the Town feels it is necessary. 02-02-09tc Page 5 of 9 Item No. 7 RESOLUTION NO. 4, SERIES OF 2009, SUBDIVISION EXEMPTION LOT 3, BASE VILLAGE Planning Director Chris Conrad stated 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. He noted that staff cannot support delaying the vacation of the lot line for a period of three (3) years from issuance of a Final Certificate of Occupancy and believes that a reasonable time frame would be to limit the approval permitting the temporary creation of Lots 3A and 3B to three (3) years from the issuance of the first Temporary Certificate of Occupancy for Building 8. The Applicant has indicated to staff that they have been able to close on virtually all of the Base Village condominiums completed to date with a Temporary Certificate of Occupancy for the building. Condition No. 9 of the resolution does allow the Town Council to grant an extension of time for good cause shown. Market conditions could be a consideration at that time. He also recommends adopting Condition 8 specifying that the Final Certificate of Occupancy ("Final C of O") for Building 8 would not be issued until the lot split plat is vacated by resolution of the Town Council. Buyers requiring a Final C of O could close simultaneously with a construction lender's release and the vacation of the plat. John Wilkinson made the motion to approve Resolution No. 4, Series of 2009. Markey Butler seconded the motion and then Council Member Wilkinson withdrew the motion. Scott Stenman from Related WestPac and Town Manager Russ Forrest asked for clarification of Town Council direction. Forrest noted there were specific comments on the ordinance itself. Council also asked for specific language on consideration of an additional escalator in Building 7, clarification in the development agreement on how the facade is addressed, concrete language in the operation of the bus stop, clarification of the community benefits and the possible addition of some art. Jim D'Agostino from Related WestPac stated they are running out of is time. The escalators and elevators can not be changed after being ordered from the factory. At this time Mayor Boineau continued the Public Hearing, Ordinance No. 2, Series of 2009 and Resolution No. 4, Series of 2009 to the Regular Meeting of the Town Council on February 17, 2009. 02-02-09tc Page 6 of 9 At this time Town Council took a 10 minute break. Item No. 8 PHASE II RODEO PLACE HOUSING DISCUSSION Town Manager Russ Forrest stated Town Council directed staff at the December 1, 2008 meeting to evaluate whether additional units could be added to Phase II of the Rodeo Place project. Town Council authorized $6,000 out of the existing Rodeo Phase 1 budget to pay for a design/cost estimating process. Council is requested to direct staff to: complete design of Phase II and receive a bid for construction for Phase II or, further evaluate a modified Phase II that includes additional density. Dan Rotner from Coburn Development, Bob Kauffman and Michael O'Connor from Resort Opportunities and Investments, LLC (ROI) were present to review the options being presented and answer any questions Town Council may have. Rotner started with a PowerPoint presentation reviewing the current proposal of Phase II which includes Lot 1, 4, 16, 17, 18, 19, 20, 21, 22, 23 and 24. Lot 1 was always anticipated as a triplex and Lot 4 has not been determined by Town Council. O'Connor replied to a question asked by Council Member Wilkinson regarding the total number of bedrooms in the current phase which is 34, that includes the basement bedroom option. O'Connor reviewed the charrette process and stated that they were looking for an addition of 6 to 10 homes. He stated they took in to consideration that the current lot owners were expecting to see single family homes next to their lots. O'Connor informed Town Council there were meetings held with the current lottery winners of Phase I so they would know what is being considered for Phase II. He noted there were negative and positive comments. The major concern is that this was sold as a single family neighborhood. Council Member Mordkin stated that Town Council made it abundantly clear to the Phase I lottery winners that, due to the additional subsidy, there would possibly be changes to Phase II. Bob Kauffman spoke to Exhibit D and Exhibit F which related to consultant fees, development charges, site and construction and the contingency numbers for Phase ll. The increase of eight additional units is about $84,000. Dan Di'Maria, lottery winner for Phase I and a Snowmass Village resident, spoke to the fact that the 41 people in the original lottery were told this would be a single family home project. He spoke to the economy and the empty nesters and how would an HOA with single family homes and multi family work. Town Council Comments: Mayor Boineau stated that he is in favor of leaving the project the same as it was originally planned. Council Member Wilkinson stated he is in favor of the new option and would like to encourage the development of trails around this project versus sidewalks. He gave 02-02-09tc Page 7 of 9 an example of multi family and single family in Burlingame and that it is a very vibrant neighborhood. Council Member Butler stated she is not where Council Member Wilkinson is on the project and she would like to see more detail. Council Member Lewis stated he is in support of the additional density. Council Member Mordkin stated he is in favor of moving forward with the additional density. John Wilkinson made the motion to approve spending $28,000 of the earmarked money for this project on the Exemption Plat Budget. Reed Lewis seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Reed Lewis, Markey Butler, and Mayor Bill Boineau. Voting Naye: None. Sally Sparhawk, resident of Snowmass Village, stated that Sinclair Meadows will be coming on line soon and these are multi family. We need to take this in to consideration. Item No. 9 MANAGER'S REPORT Real Estate Transfer Tax Town Manager Russ Forrest stated Finance Director Marianne Rakowski is taking a sobering look at the Real Estate Transfer Tax revenues. They are looking at a contingency budget and will be coming to the Town Council very soon. CORE Board Town Manager Russ Forrest stated that Sally Sparhawk was the Town Council representative on the C.O.R.E. Board and now that she is no longer on the Town Council, we need to appoint another Town Council Member or a staff representative. After discussion, it was decided that the Economic Resource Director Jason Haber would be the Town representative. The next Board Meeting is on Thursday, February 5th, 2009 at 12:30 p.m. at ACES. Town Council Packet Town Manager Russ Forrest stated that due to Building 8 issues, the new packet deadlines will not go into effect until the March 2, 2009 Town Council Meeting. 02-02-091c Page 8 of 9 House Bill 1138 Town Attorney John Dresser stated he and Mayor Boineau will be attending a hearing tomorrow at the State Capitol to testify in front of the House Committee with Representative Curry and Senator Schwartz to propose an amendment to clarify the language in the rent control statute. Item No. 10 AGENDA FOR NEXT TOWN COUNCIL MEETING The Town Manager noted that the two items tabled from tonight's meeting will be added to this agenda. Item No. 11 APPROVAL OF MEETING MINUTES FOR AUGUST 20. 2007 AND DECEMBER 15. 2008 Reed Lewis made the motion to approve as amended the Minutes of August 20, 2007. Arnold Mordkin seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: John Wilkinson, Reed Lewis, and Arnold Mordkin. Voting Naye: None. Abstained: Mayor Bill Boineau, Markey Butler. Council Member Wilkinson had a change on page 159 "Matt Keeling" to "Mak Keeling....", page 161 Item No. 8, John Wilkinson's name needs to be added to the vote of 5 in favor 0 opposed. On page 162 Item No. 10 in the title it should be "Sam's Knob" not "Sam's Know". Council Member Mordkin asked why we have to have the names listed after all in favor vote, the Town Clerk Rhonda Coxon, explained this is a Granicus template that is automatic in the Minutes Maker program. He noted on Page 165, the name Steve should be noted as Steve Sewell. Page 166 under Children's Back to School Jamboree, it should state "hosting a children's" not hosing a children's.... Reed Lewis made the motion to approve as amended the Minutes of December 15, 2008. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Council Member Wilkinson noted on Page 168 under Council Updates "meetings in the Roaring Fork Valley that have due to snow" should state "meeting in the Roaring 02-02-09tc Page 9 of 9 Fork Valley that have been cancelled due to snow". Page 172 second paragraph from the bottom "Council Member Mordkin would like" should read" Council Member Mordkin stated he would like". Item No. 12 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Closed Trail Council Member Lewis asked about the trail above the Sinclair Meadows which has been closed for two years. He asked that staff look into why it is closed and to get it open by Memorial Day. RFTA Buses Idling Council Member Wilkinson again brought up the concern from the Mountain View homeowners in regards to the idling of the RFTA buses in the pull out across from Creekside and,below Mountain View. Item No. 13 ADJOURNMENT At 9:06 p.m. Arnold Mordkin made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on February 2, 2009. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Submitted By, Rhonda B. Coxon, Town Clerk Sun 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 I'U 15 16 17 18 19 20 21 Spring Town St.Patrick's Day begins f Council r`7 Meeting 4:00 p.m.in- 22 23 24 25 26 27 28 29 30 31 11 • Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 PALM Town PASSOVER GOOD SUNDAY Council FRIDAY Meeting2 4:00 p.m. 12 13 14 15 16 17 18 EASTER SUNDAY 13 19 20 21 22 23 24 25 Town EARTH Council DAY Meeting 4:00 p.m. i 26 27 28 29 30 1 1