Loading...
06-01-09 Town Council Packet (2)0e(ftqijcuL EMMENOMENWD SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JUNE 1, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 3:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 3: COUNCIL UPDATES CONSENT AGENDA (Items 4-5) Item No. 4: RESOLUTION NO. 11, SERIES OF 2009 - IGA FOR ENCHANCED 9-1-1 EMERGENCY TELEPHONE SERVICE Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 11, Series of 2009 Art Smythe .............................. Page 1 TAB A) Item No. 5: RESOLUTION NO. 12, SEREIS OF 2009 - IGA FOR CONTINUED OPERATION OF THE ASPEN-PITKIN COUINTY COMMUNICATIONS CENTER Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 12, Series of 2009 Art Smythe .............................. Page 23 TAB A) Item No. 6: CONTINUATION OF: PUBLIC HEARING AND DISCUSSION — SNOWMASS CHAPEL: CONSIDERATION OF PROPOSED RE- ZONING TO 'MIXED-USE-1' (MU-1), TOGETHER WITH ASSOCIATED SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES AND A LOT LINE ADJUSTMENT, PLUS A FINAL RE- PLAT OF THE PROPERTY WITHIN EXISTING LOTS 1 AND 2A OF THE SNOWMASS CHAPEL INTERFAITH SUBDIVISION AND A PORTION OF PARCEL 10 OF THE SNOWMASS CLUB SUBDIVISION, IN ASSOCIATION WITH THE PROPOSED SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED . UNIT DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT 06-01-09tc Page 2 of 4 AND HEIGHT VARIATIONS Time: 30 minutes) TOGETHER WITH RESOLUTION NO. 13, SERIES OF 2009 — SNOWMASS CHAPEL AMENDMENT TO THE FINAL PUD APPLICATION: Time: 30 minute) CONSIDERATION OF A PROPOSED AMENDMENT TO THE FINAL PUD APPLICATION CONCERNING A PARKING MANAGEMENT PLAN ADJUSTMENT ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny attached resolution regarding the proposed amendment that may be amended at the meeting, and review the Final PUD application or follow up items and provide direction on preparation of drafting findings and conditions for a subsequent ordinance or resolution. Jim Wahlstrom ..........................Page 44 TAB B) Item No 7: 2009 BUDGET CONTINGENCY UPDATE Time: 120 minutes) ACTION REQUESTED OF COUNCIL: Review and discuss contingency plan Marianne Rakowski/Russ Forrest Page 98 TAB C) Item No. 8: FIRST READING OF ORDINANCE NO. 6, SERIES OF 2009 AMENDING THE 2009 BUDGET Time: 5 minutes) ACTION REQUESTEDOF COUNCIL: Approve, Modify or Deny First Reading of Ordinance No. 6, Series of 2009 Russ Forrest.............................. Page 110 (TAB D) AT 6:00 P.M. BREAK (GID WILL CONVENE DURING BREAK) Item No. 9: PROPOSED MARKETING, SPECIAL EVENTS AND GROUP SALES DEPARTMENT NAME CHANGE Time: 20 minutes) ACTION REQUESTEDOF COUNCIL: Approve a name change that is consistent with the marketing logo and best serves the resort's tourism goals Susan Hamley ..........................Page 112 (TAB E) Item No.10: COMPREHENSIVE PLAN — ENVIRONMENTAL RESOURCES CHAPTER 6 Time: 30 minutes) 06-01-09tc Page 3 of 4 ACTION REQUESTED OF COUNCIL: Review and provide feedback on Chapters. Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Page 114 (TAB F) Item No. 11: FIRST READING OF ORDINANCE NO. 7 SERIES OF 2009 — EXTENDING THE MORATORIUM Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify, or Deny First Reading of Ordinance No. 7 Series of 2009 John Dresser ........................... Page 134 (TAB G) Item No. 12: MANAGER'S REPORT Time: 10 minutes) Russell Forrest.......................... Page 138 (TAB H) Item No. 13: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 142 (TAB 1) Item No. 14: APPROVAL OF MEETING MINUTES FOR MAY 4, 2009 Page 146 (TAB J) Item No. 15: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 151 (TAB K) Item No. 16: EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss two items: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24- 6-402(4)(e) and Snowmass Village Municipal Code Section 2-45(c)(5); and b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, 06-01-09tc Page 4 of 4 resolution, regulation, or formal action shall occur at this Executive Session. Item No. 17: ADJOURNMENT NOTE: Total time estimated for meeting: Approx 4 hours and 30 minutes (excluding items 1-3 and 13-17) 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: Art Smythe, Police Department DATE: May 15, 2009 SUBJECT: Resolution 11, updating the E-911 Emergency Telephone Services Intergovernmental Agreement I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Enhanced 911 Emergency Telephone Services Authority Board wishes to update the "Intergovernmental Agreement Concerning The Continued Operation of an "Enhanced 9-1-1 Emergency Telephone Service". II.BACKGROUND Formed by intergovernmental agreement, the Aspen-Pitkin County Telephone Service Authority has provided emergency telephone service to the citizens of Pitkin County since September 11, 1991. Pursuant to State statute and intergovernmental agreement, this Authority is empowered with the authority to contract for the installation and operation of an enhanced 911 emergency telephone service and may pay for associated costs by collecting an emergency telephone charge for the service. This intergovernmental agreement was last updated on August 16, 1994. III. APPLICABLE REGULATIONS Article 11 of Title 29, C.R.S IV. DISCUSSION ITEMS: SIGNIFICANT CHANGES AND IMPLICATIONS The two major changes in the updated IGA are as follows: 1. The make-up of the authority board: Old — 1.Two members shall be the Pitkin County Sheriff and the Aspen Police Chief. 2.One member shall be the Snowmass Village Police Chief or the Snowmass-Wildcat District Chief as selected by Snowmass and Snowmass Fire. 3.Two members selected by Aspen Ambulance, Aspen Fire, Basalt, Basalt Fire and Carbondale Fire. One member shall serve a term of one year on the Board and the other shall serve a term of two years. After the initial one year term, each of the members selected shall serve a term of two years. Members may serve consecutive terms upon approval of the majority vote of the eligible entities. New- 1.Sheriff of the County of Pitkin or his designee in writing; 2 Police Chief of the City of Aspen or his designee in writing; 3.Police Chief of the Town of Snowmass Village or his designee in writing; 4.Police Chief of the Town of Basalt or his designee in writing; 5.A Special District Representative, selected by the five special districts; Aspen Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire. This change ensures that the Town of Basalt will have continuous representation on the Authority Board. 2. The amount of the emergency telephone charge: The emergency telephone charge has been raised from "not to exceed seventy Cents ($.70) to "not to exceed one dollar and twenty cents ($1.25) In essence, this change will raise the emergency telephone charge to $1.25 per month to all land line and cellular customers in the service area. I have listed all of the proposed changes in Attachment "A". I have also attached the updated 2009 IGA for your review. V. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends approval of this Resolution amending the IGA. The increase of the E-911 monthly surcharge from seventy cents to one dollar and twenty five cents represents a significant jump in terms of percentage. However, the costs associated with operating a state of the art emergency 911 system continue to rise and we feel that it is appropriate to increase this user's fee and reduce the burden on the general funds of the participating agencies to pay for this essential service. Attachment "A" Changes between 1994 9-1-1 IGA and 2009 9-1-1 IGA Page 1: Under WITNESSETH and first WHEREAS — Old — .....the above-listed parties are delegated the power to enter into agreements for the purpose of providing emergency telephone service; and New - ....., the above-listed parties have operated a joint emergency telephone services serving their respective jurisdictions, pursuant to agreement dated August 16, 1994; and Page 1: Under WITNESSETH and fourth WHEREAS, Number 1 — Old — to establish a separate legal entity.... New— To continue in existence a separate legal entity..... Page 2: Under DEFINITIONS, 3`d line — Old — ..."tariff rates"..- New— ...."rates".... Page 2: Under GENERAL PROVISIONS — Old — The parties hereby establish a separate legal entity.... New— The parties hereby agree to continue their participation in a separate legal entity...... Page 2: Under EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD, Numbers 1to5 - Old — 1. Two members shall be the Pitkin County Sheriff and the Aspen Police Chief. 2. One member shall be the Snowmass Village Police Chief or the Snowmass-Wildcat District Chief as selected by Snowmass and Snowmass Fire. 3. Two members selected by Aspen Ambulance, Aspen Fire, Basalt, Basalt Fire and Carbondale Fire. One member shall serve a term of one year on the Board and the other shall serve a term of two years. After the initial one year term, each of the members selected shall serve a term of two years. Members may serve consecutive terms upon approval of the majority vote of the eligible entities. r-' New- 1. Sheriff of the County of Pitkin or his designee in writing; 2. Police Chief of the City of Aspen or his designee in writing; 3. Police Chief of the Town of Snowmass Village or his designee in writing; 4. Police Chief of the Town of Basalt or his designee in writing; 5. A Special District Representative, selected by the five special districts; Aspen Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire. Page 3: Under POWERS OF THE AUTHORITY— Old — ....not to exceed seventy cents ($.70), ..... New- ....not to exceed one dollar and twenty five cents ($1.25),..... New — (added to end of sentence on line 11) ....or any other items stated in Section 29-11-104, C.R.S as amended. Page 4: Under BUDGET AND OPERATING COSTS —3RD line Old - ....Board of County Commissioners by July 15 of each year..... New - ....Board of County Commissioners by annual budget deadline of each year.. Page 5: Under FUNDS AND OPERATION — last sentence of first paragraph New — (added to end of sentence) ....and for the monthly recurring charges billed by service suppliers for emergency telephone service or as stated in Section 29- 11-104, C.R.S as amended. Last sentence of second paragraph— Old - ...said approval being evidenced by the President and Secretary of said Authority. New - ...said approval being evidenced by the Chair and Administrative Assistant of said Authority. Page 5: Under BOOKS AND RECORDS —4T" line New - ...if requested... (added to sentence) Page 5: Under REPORTS Old — Within one hundred eighty(180) days after the end of each fiscal year the Authority shall prepare..... New— If requested, the Authority shall prepare.... r TOWN OF SNOWMASS RESOLUTION NO. 11 SERIES OF 2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE AUTHORIZING THE EXECUTION OF AN INTERGOVERMENTAL AGREEMENT CONCERNING THE CONTINUED OPERATION OF AN ENHANCED 9-1-1" EMERGENCY TELEPHONE SERVICE WHEREAS, the Town Council of the Town of Snowmass Village, Colorado has previously participated in the joint operations of the "Enhanced 9-1-1" Emergency Telephone Service System serving Pitkin County, City of Aspen, Town of Snowmass Village, Town of Basalt, Aspen Fire Protection District, Snowmass-Wildcat Fire Protection District, Basalt and Rural Fire Protection District, the Aspen Ambulance District, and the Carbondale and Rural Fire Protection District, pursuant to Intergovernmental Agreements dated March 13, 1990 and August 16, 1994. WHEREAS, the Town Council of Snowmass Village finds and determines that continuing the Intergovernmental Agreement serves the public welfare and is in the interest of the Town of Snowmass Village to continue to participate in the common use of a central emergency telephone service authority. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town Of Snowmass Village Colorado, That: 1. That the Mayor and Town Clerk are authorized to execute and deliver the Intergovernmental Agreement Concerning The Continued Operations of an "Enhanced 9-1-1" Emergency Telephone Service and the Town shall be bound by the terms thereof. 2. That the officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions 3. That If any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. 4. That this intergovernmental agreement is intended by the parties to replace and supersede all earlier agreements, amendments and additions hereto. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado this day of May, 2009, upon a motion made by Council Member the second of Council Member and upon a vote of TOWN OF SNOWMASS VILLAGE, COLORADO By Bill Boineau, Mayor APPROVED AS TO FORM John Dresser, Town Attorney ATTEST: Donna J. Garcia-Spaulding, CMC Deputy Town Clerk Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT CONCERNING THE CONTINUED OPERATION OF AN "ENHANCED 9-14" EMERGENCY TELEPHONE SERVICE THIS AGREEMENT, made as of the date last below signed, is by and between the following parties: COUNTY OF PITKIN, a body politic and corporate hereinafter referred to as County", the CITY OF ASPEN, a municipal corporation hereinafter referred to as "Aspen', the TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafter referred to as Snowmass", the TOWN OF BASALT, a municipal corporation hereinafter referred to as Basalt", the ASPEN FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as "Aspen Fire", the SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as "Snowmass Fire", the BASALT AND RURAL FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as `Basalt Fire", the ASPEN AMBULANCE DISTRICT, hereinafter referred to as "Aspen Ambulance", the CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, hereinafter referred to as "Carbondale Fire". WITNESSETH: WHEREAS, pursuant to Article 11 of Title 29, C.R.S., as amended, the above-listed parties have operated a joint emergency telephone services serving their respective jurisdictions, pursuant to agreement dated August 16, 1994: and WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., as amended, encourages and authorizes agreements of this nature; and WHEREAS, it would serve the public welfare and be in the best interest of all of the above-references parties to continue to participate in the organization, administration and common use of a central emergency telephone service authority; and WHEREAS, the parties desire to enter into this Intergovernmental Agreement for the following purposes: 1.To continue in existence a separate legal entity known as the "Aspen-Pitkin County Emergency Telephone Service Authority" (hereinafter referred to as the Authority") which shall be responsible for administering the operation of the emergency telephone service program; and Final —03/25/09 1 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement 2.To define the manner in which each of the parties will participate in the Authority; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. DEFINITIONS The definitions for the terms "emergency telephone charge', "emergency telephone service`, "exchange access facilities", "governing body', "public agency', "service supplier', service user", and "rates" as used in this Intergovernmental Agreement shall be the same as the definitions provided for those terms in Section 29-11-101, C.R.S. as amended. II. GENERAL PROVISIONS The parties hereby agree to continue their participation in a separate legal entity to be known as the "Aspen-Pitkin County Emergency Telephone Service Authority' which shall be responsible for administering the operation of the emergency telephone service program as described below. 111. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD The governing Board for the Authority shall consist of five (5) members which shall be comprised of the following individuals: 1.Sheriff of the County of Pitkin or his designee in writing; 2.Police Chief of the City of Aspen or his designee in writing; 3.Police Chief of the Town of Snowmass Village or his designee in writing; 4.Police Chief of the Town of Basalt or his designee in writing; 5.A Special District Representative, selected by the five special districts; Aspen Ambulance, Aspen Fire. Basalt Fire. Carbondale Fire and Snowmass Fire. IV. RULES AND REGULATIONS Final —03/25/09 2 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement The governing board for the Authority may pass supplementary rules and regulations as it deems necessary provided the supplementary rules and regulations are in compliance with Articles 1 and 2 of Title 29; C.R.S.. as amended, and this Intergovernmental Agreement. Any capital expenditures of$25,000.00 or greater shall require a two-thirds (2/3) vote by the governing board of the Authority. V. POWERS OF THE AUTHORITY The parties hereto agree that the Authority shall be empowered with the authority to contract for the installation and operation of an emergency telephone service and may pay such costs by collecting an emergency telephone charge for such service in the service area which is within the Jurisdiction and authorized by this Intergovernmental Agreement and by ordinance or resolution of the respective parties hereto. The Emergency Telephone Service Authority is hereby authorized to collect an emergency telephone charge as imposed by the governing bodies of the respective parties in an amount not to exceed one dollar and twenty five cents ($1.25), in those portions of the service area for which emergency telephone service is to be provided. The funds so collected shall be spent solely to pay for the equipment costs, installation costs, costs directly related to the continued operation of an emergency telephone service, monthly recurring charges billed by the service suppliers for the emergency telephone service or any other items stated in Section 29-11-104. C.R.S. as amended. The funds so collected shall be credited to a cash fund separate and apart from the general fund of any public agency parties under this Intergovernmental Agreement. Any funds remaining in the account at year end shall be carried over to the next succeeding year for the same purposes in supplying emergency telephone service. If the emergency telephone service is ever discontinued, any balance in the account may be transferred to the general fund of the public agencies on a proportionate basis as to the contributions made by each respective public agency. In addition, the Authority may do any other act allowed by law as may be necessary for the provision of initial services and for the continued operation of the emergency telephone service; including, specifically, the ability to negotiate with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority deems necessary to improve or enhance the quality and efficiency of service to be provided to the users. Final —03/25/09 3 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement V1. BASIS FOR CONTRIBUTION AND CHARGES TO BE IMPOSED BY THE AUTHORITY The parties hereto agree that the basis for contribution and charges to be imposed on Service Users" shall be in accordance with the provisions governing the same in C.R.S. 29-11- 101 et seq. The parties agree that the Authority may request from the service supplier those figures required to impose a contribution or charge and to make a determination of the contribution or charge based on those figures. The parties further agree whenever those figures are required for any contribution or charge, the figures used shall be the most recent available at the time such figures are needed, unless otherwise specified herein. VII. BUDGET AND OPERATING COSTS In the event that the Authority believes funds for operating costs not paid by the emergency telephone charge are necessary, it shall prepare a budget and submit a budget request to the Board of County Commissioners by the annual budget deadline of each year that this Agreement is in effect. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. Should funding from the Board of County Commissioners not be forthcoming, or if any funding so provided shall be deemed insufficient by the Authority, the Authority may then present its request to the parties hereto who shall consider the budget submitted and determine a basis for contributing to the budget request at that time; however, no party may be obligated for the payment of any monies without its prior approval. VIII. FUNDS AND OPERATIONS The various monies paid into the Authority by the parties hereto, for operating costs shall be used by the Authority solely for operating costs. Further, the various monies paid into the Authority pursuant to the uniform charge per exchange access facility shall be placed in a separate designated cash fund and shall be paid from said fund only for equipment costs, installation costs, costs directly related to the continued operation of an emergency telephone Final —03/25/09 4 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement service, and for the monthly recurring charges billed by the services suppliers for the emergency telephone service or as stated in Section 29-11-104, C.R.S. as amended. No disbursement shall be made from the funds of the Authority except by check and unless a verified claim for services or commodities actually rendered or delivered has been first submitted and approved for payment by the Authority, said approval being evidenced by the Chair and Administrative Assistant of said Authority. The Authority shall not borrow money nor shall it approve any claims or incur any obligations for expenditure unless there is sufficient unencumbered cash in the appropriate fund, credited to the Authority, with which to pay the same. The Authority may invest any funds paid into the Authority only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. Nothing herein, however, prevents the Authority from returning any surplus operating revenues provided by the parties hereto for the operation of this emergency telephone service to the respective parties hereto in the same proportion that said parties were originally required to contribute for operation. IX. BOOKS AND RECORDS The Authority shall maintain adequate and correct accounts of their funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the parties hereto, their attorneys, or their agents. The Authority shall cause to be conducted an annual audit, if requested, which audit shall be conducted by an independent certified public accountant licensed to practice in the State of Colorado. The Authority shall file a copy of said audit with the governing bodies of the respective parties hereto. X. REPORTS If requested, the Authority shall prepare and present to the respective city councils, boards of directors of the special districts, and Board of County Commissioners of Pitkin County, a Comprehensive Annual Report of the Authority's activities and finances during the preceding year. Final —03/25/09 5 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any authorized federal and/ or state officials or to whom such report is required to be made in the course and operation of the Emergency Telephone Service Authority. The Authority shall also render to the parties hereto, at reasonable intervals, such reports and accounting as the parties hereto may from time to time request. XI. DEFAULT IN PERFORMANCE In the event any party fails to pay its share of the operating costs then due, or to perform any of its covenants and undertakings under this Agreement, the Authority shall cause written notice of the Authority's intention to terminate said Agreement as to such party in default to be given to that party's governing body unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said defaults within said thirty (30) day period, the membership in the Authority of the defaulting party shall thereupon terminate and said party shall thereafter have no voting rights as a member of the Authority at any annual or specific meetings thereof, nor be entitled to representation on the Authority, and said party shall thereafter be denied service by the Authority. Furthermore, any party who is terminated under the provisions of this Section of the Agreement shall forfeit all right, title and interest in and to any property acquired by the Authority to which said party may otherwise be entitled upon the dissolution of this Agreement. This article is not intended to limit the right of any party under this Agreement to pursue and all other remedies it may have for breach of this Agreement. XII. TERMINATION OF AGREEMENT A. This Agreement shall be in full force and effect upon the execution of this Agreement by all of the parties listed herein, and shall continue in full force and effect, subject to amendments, or until sooner termination by a majority of the parties hereto. B. This Agreement, or any party's participation in this Agreement, may be terminated by written notice from the party or parties to the Authority at least one hundred eighty 180) days prior to January 1 of any given year. C. Upon termination by mutual agreement of a majority of the parties to this Agreement, the powers granted to the Authority under this Agreement shall continue to the extent Final —03/25/09 6 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement necessary to make an effective disposition of the property, equipment and monies required to hold pursuant to this Agreement. D. In the event that any party hereto elects to terminate its participation in the Agreement prior to the end of an}, period of this Agreement not in accordance with subsection B of this Agreement and accordingly shall forfeit its entire interest in the emergency telephone service. Provided however, if in the event that any party in good standing hereto elects to participate in an emergency telephone service other than that operated by the Authority created hereby, such party or parties shall have the right to utilize any and all network equipment installed in service supplier facilities and paid for by the Authority without charge or reimbursement to this Authority subject, however, to any or all costs charged by the service supplier. XIII. AMENDMENT This agreement may be amended by the parties from time to time, but any amendment shall be in writing and executed by all the parties hereto. XIV. SEVERABILITY CLAUSE If any provision.of this Agreement or the application hereof to any party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or applications, and to this end the provisions of the Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year herein set forth. Final —03/25/09 7 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement COUNTY OF PITKIN By Chairman BOCC Date Final — 03/25/09 8 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement CITY OF ASPEN By Mayor Date Final —03/25/09 9 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement TOWN OF SNOWMASS VILLAGE By Mayor Date Final —03/25/09 10 Aspen-Pithin County Emergency Telephone Service Authority Intergovernmental Agreement TOWN OF BASALT By Mayor Date Final —03/25/09 11 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement ASPEN FIRE PROTECTION DISTRICT By Chairperson Date Final —03/25/09 12 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement BASALT AND RURAL FIRE PROTECTION DISTRICT By Chairperson Date Final —03/25/09 13 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT By Chairperson Date Final =03/25/09 14 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement CARBONDALE AND RURAL FIRE PROTECTION DISTRICT By Chairperson Date Final —03/25/09 15 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement ASPEN AMBULANCE DISTRICT By Chairperson Date Final —03/25/09 16 MEMORANDUM TO: Snowmass Village Town Council FROM: Art Smythe, Police Department DATE: May 15, 2009 SUBJECT: Resolution 12, updating the Intergovernmental Agreement related to the Continued Operation of the Aspen-Pitkin County Communications Center. I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Aspen Pitkin County Communications Board wishes to update the Intergovernmental agreement Concerning The Continued Operation of the Aspen-Pitkin County Communications Center. II.BACKGROUND Pursuant to intergovernmental agreements dated February 23, 1976, January 3, 1983 and February 1, 1990, the public safety agencies in Pitkin County have been operating and funding a joint public safety communications system serving their respective jurisdictions. III. DISCUSSION ITEMS: SIGNIFICANT CHANGES AND IMPLICATIONS This is essential a housekeeping measure being proposed so that the language in the agreement is updated to better reflect the current practices and structure of the joint Communications Board and system operations. I have listed all of the proposed changes in Attachment "A". I have also attached the updated 2009 IGA for your review. IV. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends approval of this Resolution amending the IGA. The makeup of the Communications Board will be expanded to include representation from the fire and ambulance districts, but Snowmass Village Police Department will retain a full voting membership. Attachment "A" Changes Between 1990 Aspen-Pitkin County Communications Center IGA and 2009 Updated Aspen-Pitkin County Communications Center IGA Page 1: Under THIS AGREEMENT - Old — ...between the BOARD OF COUTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("County'), the CITY OF ASPEN, COLORADO ("City'), the TOWN OF SNOWMASS VILLAGE, COLORADO ("Town'), and the TOWN OF BASALT, COLORADO ("Basalt'). New - ...between the following parties: COUNTY OF PITKIN, a body politic and corporate hereinafter referred to as "County', the CITY OF ASPEN, a municipal corporation hereinafter referred to as "Aspen" the TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafter referred to as "Snowmass" the TOWN OF BASALT, a municipal corporation hereinafter referred to as "Basalt" the ASPEN FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as Aspen Fire" the SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT, a quasi- municipal corporation hereinafter referred to as "Snowmass Fire", the BASALT AND RURAL FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as "Basalt Fire" the ASPEN AMBULANCE DISTRICT, hereinafter referred to as "Aspen Ambulance" the CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, hereinafter referred to as "Carbondale Fire". Page 1: Under WITNESSETH and first WHEREAS - Old - -agreements dated February 23, 1976 and January 3, 1983; and New— ...agreements dated February 23, 1976, and January 3, 1983, and February 1, 1990; and Page 1: Under WITNESSETH and third WHEREAS - Old — ...the creation of this department and the provision of emergency communications services for the calendar year 1990,... New— ...the continued provisions of emergency communication services.... Page 2/3: Section 6 a through e - Old — a.Sheriff of the County of Pitkin, or his designee in writing; b.Police Chief of the City of Aspen, or his designee in writing; C.Police Chief of the Town of Snowmass Village, or his designee in writing. d.Police Chief of the Town of Basalt, or his designee in writing. However, the Police Chief of the Town of Basalt, or his designee in writing, is an ex-officio member of the Board and is not entitled to vote on matters coming before the Board. New— a.Sheriff of the County of Pitkin, or his designee in writing; b.Police Chief of the City of Aspen, or his designee in writing; C.Police Chief of the Town of Snowmass Village, or his designee in writing; d.Police Chief of the Town of Basalt, or his designee in writing; e.A Special District Representative, selected by the five special districts; Aspen Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire. Page 3/4: Section 7 c— New - (added sentence in Section 7 c.) - Conduct an annual performance evaluation on the Director of the Center, subject to the requirements and procedures of the County personnel system. Page 3/4: Section 7 elf- Old — e.Arbitrate and decide... New - e.Hear and decide... Page 3/4: Section 8 - New - (added sentences after first sentence in Section 8) - Quarterly meetings shall be held in March, June, September and December on the third Thursday of the months listed. From time to time, meetings may be rescheduled. Old — ...A majority vote of the three voting members... New- ...A majority vote of the five voting members... Page 4: Section 9 a (1.) — (4.) — New- [added Section 9 a (1.) — (4.)] — a.Act as the Administrative Assistant to the Board and the Emergency Telephone Service Authority Board by: 1.) Scheduling all quarterly meetings including: the drafting of agendas, recording of minutes and the storing of records for both boards. 2.) Preparing and recommending a draft annual operating budget by June's quarterly meeting of each year, for both boards. Provide an approved budget by the Board of County Commissioners by December's quarterly meeting. 3.) Preparing a draft final accounting of all revenues and expenditures for the program for the prior year, by March's quarterly meeting of the subsequent year, for both boards. Provide an approved final accounting of all revenues and expenditures for the program for the prior year by June's quarterly meeting for both boards. 4.) Presenting quarterly financial and activity reports at every quarterly board meeting of both boards. Page 516: Section 10 d. (1.) — Old - Answer law enforcement agency user phones as requested from 5:00 p.m. to 8:00 a.m. weekdays and from 5:00 p.m. on Fridays to 8:00 a.m. on Mondays on phone lines into the Communications Center provided by the respective agency. New - Answer law enforcement agency user administrative phones as requested. Page 5-6/6-7: Sections 11-14 — Old - 11. The 1990 budget for the Center including fees to be paid by the City, Town, and Basalt and the method of payment, shall be as set out on the annexed Exhibit "A." 12. Annual budgets and any budget changes shall be first approved by the Communications Board and then forwarded to the Sheriff(or the Director, if so designated) for presentation to and final approval by the Board of County Commissioners. A final accounting of all revenues and expenditures for the program for the prior year shall be completed by March 15 of the subsequent year 13. The shares of the Department for purposes of funding shall be as follows: a.Pitkin County— 43% b.City of Aspen— 43% C.Town of Snowmass Village — 11% d.Town of Basalt— 3% 14. This Agreement shall become effective on the last date of the signatures of all parties hereto and may be renewed on an annual basis as provided in Section 16 New - 11. Annual budgets and any budget changes shall be first approved by the Communications Board and then forwarded to the Sheriff(or the Director, if so designated) for presentation to and final approval by the Board of County Commissioners. A final accounting of all revenues and expenditures for the program for the prior year shall be completed by June's quarterly meeting of the subsequentyear. 12. The funding shares of the user agencies to the Center shall be determined annually based on the user agencies'percentage of calls for service generated from two years prior. Calls for services are calls dispatched and agency initiated calls. 13. This agreement shall become effective on the last date of the signatures of all parties hereto and may be renewed on an annual basis as provided in Section 15 TOWN OF SNOWMASS RESOLUTION NO. 12 SERIES OF 2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE AUTHORIZING THE EXECUTION OF AN INTERGOVERMENTAL AGREEMENT CONCERNING THE CONTINUED OPERATION OF THE ASPEN- PITKIN COUNTY COMMUNICATIONS CENTER. WHEREAS, the Town Council of the Town of Snowmass Village, Colorado has previously participated in the operations of a joint Public Safety Communications Center serving Pitkin County, City of Aspen, Town of Snowmass Village, Town of Basalt, Aspen Fire Protection District, Snowmass-Wildcat Fire Protection District, Basalt and Rural Fire Protection District, the Aspen Ambulance District, and the Carbondale and Rural Fire Protection District, pursuant to Intergovernmental Agreements dated February 23, 1976 and January 3, 1983, and February 3, 1990, and WHEREAS, the Town Council of Snowmass Village finds and determines that continuing the Intergovernmental Agreement serves the public welfare and is in the interest of the Town of Snowmass Village to continue to participate in the operation of a joint Public Safety Communications Center. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town Of Snowmass Village Colorado, 1. That the Mayor and Town Clerk are authorized to execute and deliver the revised Intergovernmental Agreement Concerning The Continued Operations Of The Aspen-Pitkin County Communications Center and the Town shall be bound by the terms thereof. 2. That the officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions 3. That if any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. 4. That this agreement is intended by the parties to replace and supersede all earlier agreements, amendments and additions hereto. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado this day of May, 2009, upon a motion made by Council Member the second of Council Member and upon a vote of TOWN OF SNOWMASS VILLAGE, COLORADO By Bill Boineau, Mayor APPROVED AS TO FORM John Dresser, Town Attorney ATTEST: Donna J. Garcia-Spaulding, CMC Deputy Town Clerk Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT CONCERNING THE CONTINUED OPERATION OF THE ASPEN-PITKIN COUNTY COMMUNICATIONS CENTER THIS AGREEMENT, made as of the date last below signed, by and between the following parties: COUNTY OF PITKIN, a body politic and corporate hereinafter referred to as County;', the CITY OF ASPEN, a municipal corporation hereinafter referred to as "Aspen', the TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafter referred to as Snowmass", the TOWN OF BASALT, a municipal corporation hereinafter referred to as Basalt", the ASPEN FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as "Aspen Fire", the SNOWMASS-WILDCA"F FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as "Snowmass Fire", the BASALT AND RURAL FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as `Basalt Fire", the ASPEN AMBULANCE DISTRICT, hereinafter referred to as "Aspen Ambulance", the CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, hereinafter referred to as "Carbondale Fire". WITNESSETH: WHEREAS, the above-listed parties have operated a joint public safety communications system serving their respective jurisdictions, pursuant to agreements dated February 23, 1976, and January 3, 1983, and February I, 1990; and WHEREAS, the parties agreed to a restructuring of this system whereby the system became a department of the County, which then contracts with Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire to provide services to them (and to other user agencies) for an established fee; and WHEREAS, the parties desire to enter into an intergovernmental agreement regarding the continued provisions of emergency communication services, which agreement is intended by the parties to replace and supersede all earlier agreements, amendments and additions thereto. NOW, THEREFORE, COUNTY, ASPEN, SNOWMASS VILLAGE, BASALT, ASPEN FIRE, SNOWMASS FIRE, BASALT FIRE, ASPEN AMBULANCE, AND CARBONDALE FIRE AGREE AS FOLLOWS: Final 03/25/09 1 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement 1. This agreement shall replace and supersede all prior agreements between the parties, including the agreements between the parties dated February 23, 1976, January 3, 1983 and February 1, 1990, which established a Joint Communications and Emergency Services Board. 2. The parties agree that the existingjoint public safety communications system is a department of and under the supervision of the County. The Department is known as the Aspen-Pitkin County Communications Center(`Center"). 3. As partial consideration of this agreement, all right, title, and interest to all assets of the existing joint public safety communications system including, without limitation, all equipment, hardware, software, furniture, fixtures and supplies, have been irrevocably transferred and conveyed, free of charge, by Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire to the County without compensation therefore. Provided, however, that portable and mobile radios, pagers and associated equipment belonging to Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire are excluded and remain the property of the respective entity. 4. All employees of the Center are County employees. 5. The County hereby appoints its Sheriff(or his designee) as the administrator responsible for the Center. 6. The County, through the Center, shall supply emergency communications services to Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire under the terms and conditions contained in this Agreement and, in furtherance of this obligation, the parties agree that the operation and maintenance of the Center and the system shall be governed by a Joint Communications Services Board (hereinafter called the `Board") which shall be comprised of the following individuals: a. Sheriff of the County of Pitkin, or his designee in writing; b. Police Chief of the City of Aspen, or his designee in writing; c. Police Chief of the Town of Snowmass Village, or his designee in writing; d. Police Chief of the Town of Basalt, or his designee in writing; Final 03/25/09 2 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement e. A Special District Representative, selected by the five special districts; Aspen Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire. 7. It is agreed and understood by the parties that the Board shall have the following duties, responsibilities and powers regarding the operation and maintenance of the Center and the communications system: a. Establish a policy for the supply of efficient communications services by the Center to the County, Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire (and to other user agencies) on a proportionate and equitable basis and a policy for the fees to be charged for such services. b. Employ and have the power to discharge a Director of the Center, subject to the requirements and procedures of the County personnel system. c. Conduct an annual performance evaluation of the Director of the Center, subject to the requirements and procedures of the County personnel system. d. Review the performance and operation of the Center and the communications system and make recommendations to the Board of County Commissioners through the Sheriff or his designee) concerning the efficient performance and the annual budget for the Center. e. Provide policy guidance and direction to the Director of the Center as the Board deems necessary and appropriate. f. Hear and decide all operational disagreements between the Director and the user agencies of the Center. g. Establish guidelines for providing public safety communications services to other public safety agencies as feasible and appropriate. Approve and supervise the administration of all service agreements with other user agencies. 8. The Board shall meet quarterly and at such other times as requested by either the Director or a Board member. Quarterly meetings shall be held in March, June, September and December on the third Thursday of the months listed. From time to time, meetings may be rescheduled. A majority vote.of the five voting members of the Board is necessary for decisions to be made. The Board shall select its own Final 03/25/09 3 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement Chairman and shall make such other rules and regulations for its conduct as it may deem necessary. 9. The parties agree and understand that the operations of the Center and the joint communications system shall be supervised by a Director, who shall have the following authority, duties and responsibilities: a. Act as the Administrative Assistant to the Board and the Emergency Telephone Service Authority Board by: l.) Scheduling all quarterly meetings including: the drafting of agendas, recording of minutes and the storing of records for both boards. 2.) Preparing and recommending a draft annual operating budget by June's quarterly meeting of each year, for both boards. Provide an approved budget by the Board of County Commissioners by December's quarterly meeting. 3.) Preparing a draft final accounting of all revenues and expenditures for the program for the prior year, by March's quarterly meeting of the subsequent year, for both boards. Provide an approved final accounting of all revenues and expenditures for the program for the prior year by June's quarterly meeting for both boards. 4.) Presenting quarterly financial and activity reports at every quarterly board meeting of both boards. b. Responsible for the day-to-day operations and long-range planning of the Center as directed and with the policy guidelines established by the Board. c. Employ and have the power to discharge all Center personnel, subject to the requirements of the County personnel system. d. Apply for such grants as are deemed necessary and desirable for the operation or upgrade of the communications system. e. Participate in the Pitkin County Public Safety Council and any other local, regional or state organization or group that would benefit the Center and the other parties hereto. Final 03/25/09 4 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement 10. It is agreed and understood between the parties that the Center shall perform the following communications, computer services, record keeping and miscellaneous functions: a. Communications: 1.) Receive calls from the public on the emergency and dispatch phone lines and those transferred by all user agencies for emergency service. 2.) Dispatch such calls to the appropriate agency personnel. 3.) Provide requested Colorado Crime Information Center ("CCIC") and National Crime Information Center ("NCIC") computer and file information to law enforcement personnel in accordance with the CCIC user agreement. b. Computer Services: 1.) Receive, enter and disseminate all CCIC and NCIC information as requested by law enforcement personnel. 2.) Comply with the terms of the CCIC user agreement. 3.) Maintain and upgrade all computer systems as deemed necessary. c. Recordkeeping: I.) Issue monthly statistical reports as requested by user agencies. 2.) Other recordkeeping as negotiated between the Center and the Board. d. Miscellaneous Functions: 1.) Answer law enforcement agency user administrative phones as requested. 2.) Other functions as negotiated between the Center and the Board. 11. Annual budgets and any budget changes shall be first approved by the Communications Board and then forwarded to the Sheriff(or the Director, if so designated) for presentation to and final approval by the Board of County Commissioners. A final accounting of all revenues and expenditures for the program for the prior year shall be completed by June's quarterly meeting of the subsequent year. 12. The funding shares of the user agencies to the Center shall be determined annually based on the user agencies' percentage of calls for service generated from two years prior. Calls for services are calls dispatched and agency initiated calls. Final 03/25/09 5 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement 13. This agreement shall become effective on the last date of the signatures of all parties hereto and may be renewed on an annual basis as provided in Section 15. 14. Any party hereto may terminate this Agreement after at least 180 days' written notice to the other parties, and it is agreed that such termination will not affect the rights and interests acquired by the respective parties during the term of this Agreement if such interest, has, in fact, been acquired. If reimbursement is to be made, it shall be based on services performed and work completed to date of termination. 15. It is the understanding of the parties that this Agreement may be renewed and/or modified on an annual basis by the adoption of an annual budget for each successive year. 16. As a County-owned and —operated system, all costs not specified otherwise herein insurance, administration, etc.) shall be the responsibility of the County. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year herein set forth. Final 03/25/09 6 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement COUNTY OF PITKIN By Chair BOCC Date Final 03/25/09 7 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement CITY OF ASPEN By Mayor Date Final 03/25/09 8 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement TOWN OF BASALT By Mayor Date Final 03/25/09 9 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement TOWN OF SNOWMASS VILLAGE By Mayor Date Final 03/25/09 10 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement ASPEN FIRE PROTECTION DISTRICT By Chair Date Final 03/25/09 11 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement BASALT AND RURAL FIRE PROTECTION DISTRICT By Chair Date Final 03/25/09 12 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT By Chair Date Final 03/25/09 l3 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement CARBONDALE ARE RURAL FIRE PROTECTION DISTRICT By Chair Date Final 03/25/09 14 Aspen-Pitkin County Communications Center Service Authority Intergovernmental Agreement ASPEN AMBULANCE DISTRICT By Chair Date Final 03/25/09 15 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: June 1, 2009 meeting SUBJECT: CONTINUATION OF PUBLIC HEARING AND DISCUSSION — SNOWMASS CHAPEL: Regarding the proposed re-zoning to 'Mixed-Use-1' (MU-1), together with associated subdivision exemptions for land exchanges and a lot line adjustment, plus a final re-plat of the property within existing Lots 1 and 2A of the Snowmass Chapel Interfaith Subdivision Re-plat "A" and a portion of Parcel 10 of the Snowmass Club Subdivision, that were submitted in association with the proposed Snowmass Chapel expansion project Final Planned Unit Development PUD) involving requested buildout and height variations. The applications are being processed pursuant to Section 16A-5-220, Amendment to the Official Zone District Map, Section 16A-5-360, Final Plan, Section 16A-5-400, Subdivision Regulations, and Section 16A-5-500, Subdivision Exemptions, of the Town of Snowmass Village Land Use and Development Code. The property on Lots 1 and 2A encompasses 3.99 acres, not including the impacted area onto Parcel 10 (golf course) of the Snowmass Club Subdivision. Applicant: Snowmass Chapel, Inc., formerly known as Snowmass Chapel and Community Center, Inc. Applicant representative: Doug Dotson Planner: Jim Wahlstrom I. PURPOSE AND ACTIONS REQUESTED. Purpose: The purpose of the meeting would be to: 1. Follow up on the core issues, concerns or comments expressed by the Town Council at the meeting on May 18, 2009 to determine if the applicant or staff has adequately provided supplemental information to the satisfaction of the Council; 2. Consider the applicant's proposed amendment to the parking management adjustments per the separate attached staff report and Resolution 09-13; 3. Open the public hearing and consider public comments on the follow up items concerning the Final PUD and the proposed parking amendment; 4. Review any remaining core issues; and 5. Determine if additional information is desired to adequately review any remaining core issues of the application. Action: There would be no decision-making action on an ordinance or resolutions at this meeting; however, staff recommends that the Town Council review the applications and the follow up core issues and provide directives to the applicant and to staff for the preparation of findings and conditions to be placed in a subsequent ordinance and the resolutions for consideration at a subsequent meeting. IIPage II. FOLLOW UP DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS INCLUDING SUMMARY OF STAFF FINDINGS AND RECOMMENDATIONS. Below are the core issues or concerns that the Town Council expressed the need for follow up at the meeting on May 18, 2009. Considering the report deadline on May 22nd for the June 1 s' meeting, the applicant verbally indicated that they did not have enough time to follow up on the issues or concerns. For a few of the core issues or concerns, staff has provided additional supplemental information either in the body of the report below or in the referenced attachments. Summary of Town Council issues, concerns and comment on May 18'": 1. Up lighting. Attached is excerpt language in Ordinance 03-18 concerning uplighting standards, some of which were read at the last meeting (see Attachment 1) with applicable staff notations. The applicant would need to comply with these standards. However, one of the prohibited lighting features includes up lighting, and it could be interpreted that such up lighting is prohibiting at the Chapel site because there are no lighting provisions for non-residential usages other than for commercial and multi-family uses. The Chapel is neither commercial or multi-family. 2. Other lighting. Also be advised that even though not currently shown on the lighting plan, the applicant wishes to light the covered walkways on both sides of the building addition via downcast soffit/ceiling lighting. An updated lighting plan and appropriate details and labeling need to be provided. 3. Construction Management Plan restriction on activities during major events. Staff suggested to the applicant that they incorporate a provision in the CMP, perhaps in the hours of operation section, that precludes construction activities from occurring if there is a special event scheduled on the site or on adjacent properties. The applicant has not responded as of the writing of this report. 4. CMP perimeter fencing. Council seemed to request additional information about the construction fencing location. Attached is the applicant's CMP map illustrating the construction area and perimeter 8-foot tall chain link fencing with green mesh see Attachment 2). 5. Fire District issues. Staff has not received recent information from the applicant or an acceptance of the bridge design and weight load from the SWFPD, although the applicant and the SWFPD have been communicating on the matter. Also for the record or Council's information, attached is a letter dated May 18, 2009 from the applicant to the Fire District concerning their understandings and conditions regarding the release of an access easement on an off-site lot (see Attachment 3). 6. Building Efficiency Standards and Renewable Energy Offset Program in Ordinance 08-11. Council requested at the last meeting for more information concerning the language in the building efficiency and REOP Ordinance 08-11. Staff has attached the entirety of this ordinance since it is fairly short (see Attachment 4), and provided staff notations regarding applicable portions of the ordinance for the Chapel. Planning staff noticed that the 'Waiver' provision section in the ordinance does not indicate where or whom such waiver should be filed, the process involved, other review standards and how such a determination or decision is documented or recorded for the record. It appears that the Building Department administers this ordinance per some other of the references in the ordinance. Therefore, Planning staff is not convinced that a waiver request should be submitted as part of a land use application as it appears more related to building construction review matters. However, there may have been some confusion concerning the intent of the ordinance language or the lack of process description provisions, and the applicant 2 1 P a a e decided to submit the request with the Final PUD application. Planning staff recommends a different process other than the land use application for the requested waiver since it seems more related to the review of building construction plans. 7. Maintenance building usage. There needs to be a final determination whether the maintenance building would also be interpreted as a garage in efforts to determine the proper requirements per the building efficiency and REOP ordinance. Staff advised to the applicant that they need to submit reasonable reasons or justification why it shouldn't be interpreted as a garage and then weigh the matter at a subsequent meeting in addressing the REOP requirements. The Economic Resource Director suggested that the applicant indicate their intended method for complying with REOP (i.e., on-site renewable, fee-in-lieu, or waiver request), especially if any solar panels or other renewable energy technologies are being proposed. The applicant has not responded as of the writing of this report. However, per the above recommendations, it appears such request should be processed during the building construction review period versus the land use application review, although the ordinance is not clear on the process required for waiver requests. 8. Snowmelting area proposed. Council requested the amount of area that is proposed for snowmelting. The applicant has not responded as of the writing of this report. 9. Employee housing calculation/ mitigation requirement history. Council requested the employee housing calculation /mitigation requirement history from the Preliminary Plan review. Attached is an excerpt from the staff report dated January 17, 2006 concerning the employee housing calculations, requirements and mitigation thereof (see Attachment 5). The applicant's proposal in the Final PUD is consistent with the previous Preliminary Plan findings in Resolution No. 9, Series of 2006. 10. Vesting. Council seemed to believe that 10 year vesting was too much in this case. It was requested that the applicant consider a lesser amount of time, or perhaps consider an extension request after the first three years. The applicant has not responded as of the writing of this report. It is conceivable after receiving final civil drawing approval and issuance of a grading permit that the applicant could commence construction on re-grading, utility work and infrastructure. The concern expressed by neighbors might be the potential lag time between the utility/infrastructure work and the request for a building permit. Perhaps it needs to be determined to the satisfaction of Council as to what reasonable amount of time is needed for the applicant to raise the funds for the completion of the project before granting an extension beyond three years of vested rights at this time. 11. Transit shelter and bus pull off lane extension. The Council requested whether the applicant is willing to up-size the transit shelter Owl Creek Road to a full-sized facility and extend the currently proposed bus pull off area (about 100 feet including a taper) another 100 feet or so to the Brush Creek Road intersection to accommodate right turn traffic movements during special events and to allow better emergency access to Brush Creek Road for the fire district. The applicant has not responded as of the writing of this report. However, the Town Engineer is planning to visit the site, assess the situation and provide comments. Staff recommends that such transit shelter upsizing and lane extension could be considered required mitigation if the parking provided for large events reduces against what was previously understood as a shared alternative parking arrangement. One of the solutions per Code for an alternative parking plan is to offer options to automobile usage. It would appear that a bus shelter with pull off on Owl Creek Road and the 31Pa =- e possible transit shelter upsizing and the lane extension to Brush Creek Road might offer improved transit convenience. 12. Carillons. Council appeared to accept the idea of carillon concerts. Staff suggested that the applicant could propose language that would allow such events with restrictions (e.g., number per year and time frames) under the 'Chapel Bell' section of the updated Final PUD Guide for consideration in response to Council comments. The applicant has not responded as of the writing of this report. Other remaining core issues: 13. Maintenance building changes. Are the design changes for the maintenance building and its size increase acceptable including its encroachment into the Town's 25-foot wetland/riparian setback area? The maintenance building falls under the previous 40 foot height limit for the campus, and the changes would calculate the average height of all the buildings on the campus as 22.5 feet. The maximum average height is 25 feet. The perimeter of the maintenance building meets the 18 foot height limit typical for accessory buildings with the exception of the interior roof pitch up to approximately 23 feet from existing grade. 14. Community purposes. Staff previously noted concerns regarding the operational management or restrictions thereof for the 4,000 square feet of space proposed. In Exhibit 6, "Community Purpose Commitment Agreement;' Attachment "A" Preliminary PUD Guide of Resolution No. 9, Series of 2006, Section A6 stated: SCI may charge a user of the 'community purpose space' for damages or cleanup services. SCI may, at its discretion, require a user to provide liability insurance or indemnify SCI for its use of the space. The charges or requirements of SCI shall be no greater than for non-community purpose space user:' Under the updated development agreement for the Final PUD that includes the commitment of community service space, it states under subsection (3)(a): SCI may charge reasonable fees to any use of the Community Purpose space for use, damages and/or cleanup." Staff questions whether the 4,000 square feet as a "community purpose" space is really intended for that function if users would be charged a fee for utilizing such space. 15. Site visit. Does Council wish to schedule a site visit as a group or on an individual basis to review the staked locations for the proposed plant material? This was a condition with the Preliminary Plan acceptance. 16. Parking provisions. Reference the attached separate report and Resolution No. 13, Series of 2009, and Exhibit "A" for the applicant's proposed amendment dated May 11, 2009 concerning their parking management plan adjustments, including elimination of the previously offered overflow off-site parking commitment. 4 1 P a g e VI. REFERENCE MATERIALS. Attachments: 1. Excerpts from the Town's Lighting Ordinance 03-18; 2. Applicant's Construction Management Plan map from the Final PUD application; 3. Letter dated May 18, 2009 from the applicant to the Snowmass-Wildcat Fire Protection Districts regarding understandings and conditions pertaining to release of an off-site access easement; 4. Town's Building Efficiency Standards and the Renewable Energy Offset Program REOP) Ordinance 08-11 with applicable staff notes; and 5. Excerpt from staff report dated January 17, 2006 to Town Council regarding explanation of employee housing calculations, requirements and mitigation. Separate attached enclosure: Staff report and Resolution No. 13, Series of 2009, and Exhibit "A" concerning the applicant's proposed amendment dated May 11, 2009 for parking management plan adjustments. Separate handouts previously issued: Original Final PUD and associated applications dated January 26, 2009 and referred on February 18, 2009; Supplemental binder packet of replies from the applicant dated March 30, 2009, received April 10, 2009 and referred on April 13, 2009 with updated information or plans in response to the initial referral comments. Note: For background information, please reference the previously referred Town Council Resolution No. 9, Series of 2006, including the Preliminary PUD Guide, which granted the applicant permission to proceed to a Final PUD. VII. NEXT STEPS. Next Steps include: Continue the public hearing and item to the next meeting; Indentify whether there is a need for further information, review or follow up; and Direct if desired that the staff prepare an ordinance and resolutions for consideration at the next available meeting. 5 1 P a - e ATTACHMENTI Excerpts from Lighting Ordinance 03-18 snowmass ChM Bi i ai 1p with typical sources being metal halide, high pressure sodium and other similar types which are developed in accordance with accepted industry standards. e. Point Light Source. The exact place from which illumination is produced, as in a light bulb filament or discharge capsule. f. Offsite Light Emission. The shining of light produced by a light fixture beyond the boundaries of the property on which it is located. 18-264 Lighting Plans. An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, special review application and building permit applications for residential, commercial or multifamily buildings. Such fighting plans shall be subject to establishment and approval through the applicable review processes. Said lighting plan shall show the following: 1. The location and height of above grade light fixtures; 2. The type (incandescent, halogen, fluorescent, etc.) and luminous intensity of each light source; The type of fixture (floodlight, full-cutoff, lantern, recessed, coach light, bollard, pole, etc.): c wtw,.KG,ac. Estimates for site illumination resulting from the lighting, measured in foot-candles, including minimum, maximum and IN!G' average illumination; 5. Other information deemed necessary by the Building Official to document compliance with the provisions of this Article. 1S-265 Cornmerrjal & Multi-Famil Lighting Standards. The following fighting Mn ards shall be applica e o a non-rest e a rties, including mixed uses such as condominiums and apartments. a. Outdoor lighting used to illuminate parking spaces, exterior dining areas, driveways, maneuvering areas or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point of light source is not visible from adjoining lots or streets. No portion of the bulb or lamp may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. The light level shall not exceed 15 foot-candles as measured three feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian or vehicular 3 activity up to a maximum of 25 foot-candies. Exemptions or consideration may be made for lighting when located on slopes greater than 30% in order to achieve compliance with this Section. b. Outdoor lighting shall be 12 feet or less in height unless it meets one or more of the following criteria: 1. Fully shielded with a non-adjustable mounting; 2. Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 feet may be allowed; 3. Building mounted lighting directed back at a sign or building facade; 4. Lighting on above grade decks or balconies, which shall be fully shielded. c. All light sources, which are not fully shielded, shall use other than a clear tens material as the primary lens material to enclose the light bulb to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this section. d. High Intensity .Discharge (HID) light sources are allowed with a maximum wattage of 175 for high-pressure sodium and 175 for metal halide. Standards for other HID light sources may be established by the Town for new technology consistent with the above restrictions. Compact fluorescent lamps shall not exceed 9 watts. e. Pole mounted fixture spacing for security and parking lot light fixtures shall be no less than 75 feet. Fully shielded decorative fixtures are allowed to maintain 50 feet fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 feet measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when fully shielded and shall not exceed 100 watts. Decorative fixtures that are not fully shielded shall maintain a minimum spacing of 25 feet and shall not exceed 100 watts. Where security lighting is a combination of pole and wall mounted fixtures, minimum spacing shall be 75 feet. f. Pole mounted fixtures shall be limited to two (2) light sources per pole. g. Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square footage of uses. h. 1J lighting is only permitted if the light distribution from the fixture is e e rve y contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs or year- 4 round tree canopies which can functionally contain or limJfixture tion of the sky. In these cases the fixture spacing is limited ture per 150 square feet of area and total lamp watt age withe of 35 watts. i. Up lighting of flags is permitted with a li mit of two fixtureole with a maximum of 150 watts each. The fixtures musded such that the point source is not visible outside of a 15 fe j. Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not exceed a maximum of 20 foot-candles under the canopy. 18-266 Sign Lighting. In addition to the provisions of Section 18-265, the following provisions shall further regulate lighting of signs: a. Sign illumination shall not exceed 75 foot-candles as measured at the brightest point on the sign face. b. Only lighting that conforms with the Residential Lighting Standards shall illuminate signs in residential neighborhoods and zone districts. c. Illuminated signs, equal to or larger than 20 square feet in size, shall be turned off no later than 11:00 p.m. or one-half hour after the use to which it is appurtenant to is closed, whichever is later. 18-267 Residential Single Family Lighting Standards. The following lighting standards shall be applicable to residential properties including single- family dwellings, duplexes and town homes. a. Outdoor lighting shall be 12 feet or less in height unless it meets one or more of the following criteria: 1. Fully shielded with a non-adjustable mounting; 2. Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 feet may be allowed; 3. Building mounted fighting directed back at a sign or building facade; 4,,Lighting on above grade decks or balconies, which shall be fully shielded. ti gNo exterior light source shall exceed a rating of 60 wafts. Outdoor lighting with HID light sources in excess of 50 watts shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 60 watts. Compact fluorescent lamps shall not exceed 9 watts. c. All clear lensed light point sources shall be shielded. All tight sources that are not fully shielded shall use other than a clear lens material, as 5 a. Specific exemption or exemptions requested; b. Type, use and purpose of lighting fixtures involved; c. Duration of time requested for exemption; d. Type of lamp including wattage; e. Proposed location on property; f. Previous exemptions if applicable; g. Other information deemed necessary by Building Official. 4. Decorative Lighting Elements. Decorative lighting such as shades with perforated patterns and opaque diffusers may be exempted from the fully shielded requirement provided the lighting does not exceed 50 watts. 5. Community Benefit. If a proposed lighting plan or fixture layout does not meet the requirements of this Article but has demonstrated a community benefit, an exemption may be considered. The applicant shall submit additional information to adequately assess the community benefit for approval by the Building Official 18-270 Prohibitions. The following types of exterior lighting sources, fixture"na installations she be prohibited in the Town of Snowmass Village: 1. Light sources shall not be affixed to the top of a roof, except where required by the Building code. 2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground, elevated on poles or mounted on adjoining or adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, intensity changing, color changing and internally illuminated signs shall be prohibited, except for, temporary holiday displays, lighting for public safety or traffic control or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low-pressure sodium lighting shall be prohibited. 5. Linear lighting (including neon and fluorescent) primarily intended as an architectural highlight to attract aftention or used, as a means, of identification or advertisement shall be prohibited. 6. Unshielded floodlights and timer-controlled floodlights shall be prohibited. A 7. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: a. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle. b. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal or Local government. 8. No beacon or searchlight shall be installed, illuminated or maintained. 9. Up lighting is prohibited, except as otherwise provided in this Section. 18-271 Non-conforming Lighting. Unless otherwise specified within this Ordinance, within eighteen (18) months of the effective date of this Ordinance, all outdoor lighting fixtures that do not conform to the requirements of this Ordinance must be removed, replaced with conforming fixtures or retrofitted to comply to the extent practical as determined by the Building Official. Violations shall be corrected within sixty (60) days after being notified in writing by the Building Official. 18-272 Review Standards. Exterior lighting plans shall conform to the following design review standards: 1. Height. Outdoor residential and commercial lighting shall be twelve 12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: a. A fixture of greater height is required due to safety, building design or extenuating circumstances, in which case the tight shall be fully shielded with a non-adjustable mounting; b. Lighting for commercial parking and vehicle circulation areas may have a maximum height of 20 feet above grade and shall be fully shielded; c. Lighting on above grade decks or balconies, which are fully shielded. 2. Foot Candles. Outdoor non-residential, sign and residential lighting shall not exceed the maximum foot-candies designated in their 9 2 yn O se 2p' 5'•,,y i / y r, S I II M 3Ay3 , on p NIL rrrr E{ ATTACHMENT 3 Snowmass Chapel Final PUDLTCMeeting06-01-09 May 16,2009 SNOWMASS CHAPEL Steven Sowles Aruawe%viii Co.u,rnlp Fire Chief Snowiness Wildcat Fire Department PO Box 6436 NATIONAL Snowmass tillage,CO 81615 ADVISORY BOARD KulbyArnold,Corhandale Dear Steve: Joan Oemis.Samrn+err lM1lraRe The Smwmass Chapel,Inc.is the sole owner of Lot 2A in the Snowmass Club Subdivision,known Barbara Burwell.M7aueap0113 as the Snowiness Chapel Packing Lot and a neighbor to the Snowmass Wildcat Fire DistrictMamieDonnell,Adanm Kathryn Finley.Chicago By this letter the Chapel agrees to the terms of a proposed agreement between theGregLykins,Chmmpaisa Snowmass Company,LTD and the Snowmass Wildcat Fire Protection District(SWFPD) Barbara Mandrell,Nashville concerning the release of a sixty foot'Access Easement'on Parcel 8,Lot 1 of theKobcnMcNamara,marrhingron.DC Snowmass Club Subdivision.The Chapel will agree to withdraw any and all rights to this Jim Raaf:Snuumau Village easement,which was executed on the 2P day of February,`1982 by The Snowiness Linda Rudand,AUnmv Company,LTD and signed by James J.Chaffin as General Partner. Paul Schorr,ill,NAm rm2 Barbara Shepard,Colorado Springs We understand that the terms of the release will be documented in a Letter of Intent from kanane Stephens,ChwWxAgn the Snowmass Company to the SWFPD dated May 18,2009.Based on my discussion Jim Teffcy.Kemcaunk Brach with members of the Chapel's Executive Committee,we have agreed that the release will J.W.Vh dcvecr.Wilar be executed when the SWFD flies a PUD with the Town of Snowmass Village.The Jeff waluk0,awmNisn terms of the LOI will include the following agreement by the SWFPD: NUm Wirliammn.Om,rer Toni Wood,Caveat,IN 1) to support the Chapel PUD,which Is now before the TOSV Council, Charles vvyly,Dallas 2) to become a parry to the Snowiness Chapel PUD ApplicationlParking Manna Yocum,el Domdo,Ak Management Plan Adjustment dated May 11,2009, by providing'ovedtow parking"spaces to the Chapel on certain occasions. 3) 'to otter an option for the Chapel to purchase,at the cost of construction,two BOARD OF TRUSTEES employee units to be built on the SWFPD site at some future date. Joe Fimell David"taw For the good services you provide to our community,we are always thankful, Dirk Gosda Ladanne Henry Sincerely, Beth Humer n Jim 1.tghm.Chairman jludiloubicrM011K•, Howard Rudge Guy Rultand,III Edgeil Franklin Pyles,Ph.D. Paul Schorr Chip Scharr.IV Senior Chaplain Chairman Sally inall'ey New Sanctuary Council David wens Edgell Franklin Pytes.Ph.D. Clio&Marie Caldwell,M.Phil.M.Div, ce: Jim Light The Snowmass Company,LTD, Cha*ua James Chaffin,The Snowiness Company,LTD. Chris Conrad,TOSV Planning Department Jeanne F.Wands Adminis+,nthe Dirrewr P.O.Box 17169•Snowmms Village.Colorado 81615.9701923.6192•FA X 97111923-6092•wwwsnowmacuhapcLon„+ ATTACHMENT 4 Snowmass Chapel Final PUD TOWN OF SNOWMASS VILLAGE TC Meeting 06-01-09 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 t; 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: r Sec. 18-224. Building Efficiency Standards and Renewable ffset Program (REOP) 1. Residential Construction YJ This section sh y to all residential new construction, and to any residential addition of at lea 0 square feet. In order to provide evidence of compliance with this S a Home Energy Rating System (HERS) rating shall be submitted at the time of 08-11 TCr >PtPt G Page 2 of 6 p IMtAgf building permit application. A final HERS rating certificate, based upon field ins tions testing conducted during construction, shall be submitted prior to receivi a Certi to of Occupancy. a.idential building projects up to 5,000 square feet ar ' squired to achieve a mini Home Energy Rating System (HERS) Ind of 70, or less, utilizing the Colo o Energy Star Home Energy Rating stem, and . I. In li of achieving the require ERS Index, owners may pay a fee of 0 per square foo b. Residential building proje be an 5,000 and 9,999 square feet are required to achieve a minimu HERS Index of 65 points, or less. I. In lieu of ac ' ving the re ired HERS Index, owners may choose to comp, th the HER In requirements of Section 18- 224.1 . above, and pay a fee o 3.00 per square foot. c. Residenti uilding projects of 10,000 square fee , more, are required to achiev HERS Index of 60 points, or less. L In lieu of achieving the required HERS Index, own may choose to comply with the HERS Index requirements of Sectio 18- 224.1.b. above, and pay a fee of$4.00 per gross square f a residential building project includes exterior energy uses, then a separate and additional be require 2. Non-Residential and Mixed-Use Construction This section shall apply to all non-residential or mixed-use new construction, and tom_ non-residential or mixed-use addition of more than 1 000 square feet. For buildings or i ions up to 5,000 square feet,c ec ocumen ation or a E-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 Muir — a. Based upon total energy usage for the building or addition being proposed, non-residential or mixed-use build a prolects are required to exceed the pe.1 ormance of the owns Ene Conservation Code in place at the time the building permit is issueO Dy ai ieasi o. 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 G l*n, Engineers-ASHRAE Standard 90,1). ii. In lieu of achieving the r uired energy erfomiance standards wners ma a a e per square an s a meet the pe ormance standards require pursuan o e 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- r224.3.b and Section 18-224.3.c and in excess o the "Fee Exempt Area- described 7L therein, shall o set with renewable energy generated on site. b. Heated Gars es. Any garage heated by a boiler or furnace system must be controlled y a se arate thermosta an zone. A REOP fee shall apply for o app ica ions, as described below. c. In lieu of roducin the re wired amount of renewable ener on site, owners may In accordance with the following ee sc a ule7r calculation example: i.'sinale-Famliv Residential En y Use Annual Energy Use Fee Exempt roe per TVp BTU/So. Ft Area Above em t Area Snowmelt S em 81,800 200 sq. ft. 34 See Note) Spa 430,000 64s 176 Pool 3 000 A 136 Heated Garage 19,5 S ection 18-224.3.b 8 NOTE: The Fee Exempt Area for sno elt tems shall apply to driveways and driveway aprons only, and shall be ual to the ter of 200 square feet, or that portion of the on-site driveway exceeds 8% slop lus 200 square feet. The Fee Exempt Area for snowmelt shall not apply to decks, p ' s, or walkways unless the Chief Building Official rmines that snowmelting of these as represents a life- safety issue and is sential to building ingress or egress. Appli is may appeal decisions raga g the necessity of providing snowmetted decks, pa or walkways to the Town's and of Appeals and Examiners.) 08-11 TIC Page 4 of 6 i. Multi-Family Residential orgy Use Annual Energy Use Fee Exempt Fee per e BTU/Sa. Ft Area Above m t Area Snowmel stem 81,800 50 sq. ft. 34 See Note 1) Spa 430,000 64 sq. . 176 Se to 2) Pool 332, N/A 136 Heated Garage 19,500 N/A 8 NO( TE 1: The Fee Exempt Area for owmelt sy ms shall apply to driveways and driveway aprons only, and shall equal to the grea of 50 square feet per unit, or that portion of the on-site drivewa at exceeds 8% slope pl 00 square feet. The Fee Exempt Area for snowme . g shall not apply to decks, patio , r walkways unless the Chief Building Official ermines that snowmelting of these are represents a life- safety issue and i sential to building ingress or egress. Applican ay appeal decisions reg ng the necessity of providing snowmelted decks, patio r walkways to the Town' and of Appeals and Examiners. ) NO : The Fee Exempt Area for Spas shall be equal to the greater of 64 squ feet, square feet per unit.) l 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.) 08-11 TC Page 5 of 6 d. The fees des i le ab foot asis for exterior energy uses exceeding the"Fee Exempt Area," if^ DT c erqg use is not offset with on-site renewables. Fees shall be a cLrT uTaTed 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. 5. 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. . 1 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 a e. a. Planned Unit Develo ments that have received Final Approval prior to the5EetaesanoasuieoeprovisionsofthisOrdinaLn 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: this ject applicant, the Town Council may elect to waive any or all of the provisions oordinance based upon a 4— finding of community benefit, or public safety need. 9. Severability. If any provision of this Ordinance or application hereof to any person or y 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 1)/rftwj*. application, and, to this end, the provisions of this Ordinance are severable. oft READ, APPROVED AND ADOPTED, by the Town Council of the Town of#ORON"! Snowmass Village on the First Reading on August 4, 2008 upon a motion by Mayor g ,,40-v Mercatoris second of Council Member Sparhawk, and upon a vote of 3 in favor and 0 opposed. Council Members Mordkin and Wilkinson were absent. 105 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 argent.. TOW OF WMASS VILLAGE Do la er tons, M16yor ATiT Rhonda Coxon, Town Clerk APPI;OV€D A. TO FORM: John Dresser, Town Attorney ATTACHMENT 5 Snowmass Chapel Final PUD TC Meeting 06-01-119 Staff Report Employee Housing, Comprehensive Plan consistency and Zoning related matters EMPLOYEE HOUSING - Core Issue Questions: Does the application meet the condition below plus address the employee housing criteria? And, does the application fulfill the employee housing requirements per the Municipal Code? Town Council Condition #3 (Sketch Plan Resolution No. 14, Series of 2002): The existing residential unit of 692 square feet within the existing assembly building shall be deed-restricted by the applicant to the benefit of the Town to meet the employee housing requirement of 626 square feet for the addition. Said deed-restriction shall satisfy the employee housing mitigation requirement for this development proposal. Municipal Code,Sec.16A-4-400. Purpose. To provide adequate housing for persons of low, moderate or middle income, provisions for comfortable and affordable housing in locations approved by the Town Council shall be made to accommodate forty-five percent(45%)of new employees generated by development and redevelopment within the Town. Staff Comments, Observations and Analysis: The Applicant intends to restrict the usage of the existing one-bedroom dwelling unit on the site of 692 square feet for employee housing, subject to certain conditions as outlined in the application (see pages 37-39 of the modified application). The 626 square foot requirement at Sketch Plan assumed that an average of 2.15 new full-time equivalent employees would be generated by the new addition (2.15 x 448 x 65%) per the old calculations. If the decision makers agree that it is reasonable that there will still be 2.15 new employees on average, the new requirement would be 434 square feet (2.15 x 448 x 45%). Planning Commission (PC)findings and recommendations summary: PC Findings: The proposed building addition, based on the new employees needed, generates 434 square feet of employee housing, and the Applicant has agreed to deed restrict the existing 692 square foot dwelling unit in the facility and manage.the unit in accordance with the current Town of Snowmass Village Restricted Housing Guidelines, which seems acceptable. PC Recommendations: Additional square footage beyond the 434 square foot requirement could be considered a Community Purpose. Staff Recommendations: The balance of the 258 square feet for the existing residence that is beyond the employee housing requirement of 434 square feet, agreed to be deed restricted by the Applicant for the 692 square foot residence as a whole, could be utilized as a Community Purpose since such additional square footage would be over and beyond the minimum requirement. 7 The Housing Department recommends that the unit should remain as part of the Chapel and under the control of the Snowmass Chapel and Community Center. The Housing Department would assist in placing employees in the dwelling. If the unit is deed restricted to the Town, it will guarantee that the unit will remain in the housing inventory for future employees. The Applicant's employees should be housed first in this unit prior to retrieving the Town's waiting list. COMPREHENSIVE PLAN - re Issue Question: Other than the policies related to the height and buildout variations, d s the plication seem to be consistent with the intent of other related Comprehensive Plan p icies and Nectives? Municipa ode, Section 16A-1-50. Comprehensive Plan. b) For th urpose of determining consistency,the following standards shall ap 1) Consist cy. An action is consistent if it is generally compatible w' the principles and policies stated in the Comp ensive Plan and if the action is proposed in a Iota ' n not precluded by the Land Use Plan, although spe 'fit aspects or details of the action may not h e been contemplated. Exact or precise adherence to the prehensive Plan is not required in ord to find consistency. If an action is determined to be consistent 'th the Comprehensive Plan, it in ns that approval of the action can be considered, not that the action m t be approved. 2) Interpretation. Since the mprehensive Plan s, by definition, a general statement of the Town's current growth and developmen nd overall I d use philosophy, it is anticipated and assumed that circumstances will change to the ex te that s philosophy will, from time to time, need to be revised and that the provisions of the Compre n ' e Plan will be subject to interpretation by the Town Council. 3) Inconsistency. If a determination f inco n nsis cy is made at any stage of development review, the application shall be either denied, o the alternative, with the consent of the applicant, the time for action on the application may be su ended for a specific 'od of time to be agreed upon by the Town and the applicant in order to cons' ran amendment to the Co rehensive Plan. Municipal Code See. 16A-5-3 . Review standards. In addition to dem strating compliance with the provisions of tion 16A-5-300(c), General Restrictions, and with I other applicable provisions of this Code, a propose UD shall also comply with the following revie standards. 1) nsistency with Comprehensive Plan. The PUD shall be consistent w' the intent of the Town's omprehensive Plan. Ger ne Comprehensive Plan Policies and Objectives: Other than the poll ' s and ob' ctives that relate to the buildout variation, mass, scale and height variations and the b i ing aterials, below are policies and objectives that appear germane to the other aspects of project. 8 i MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: June 1, 2009 meeting SUBJECT: RESOLUTION NO. 13, SERIES OF 2009— SNOWMASS CHAPEL AMENDMENT TO THE FINAL PUD APPLICATION: CONSIDERATION OF A PROPOSED AMENDMENT TO THE FINAL PUD APPLICATION CONCERNING A PARKING MANAGEMENT PLAN ADJUSTMENT. This particular item involves a request to amend the Final PUD application, pursuant to Municipal Code Section 16A-5-340(k), Amendment, for the proposed Snowmass Chapel's parking management plan adjustment. Applicant: Snowmass Chapel, Inc., formerly known as Snowmass Chapel and Community Center, Inc. Applicant representative: Doug Dotson Planner: Jim Wahlstrom I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Purpose: The purpose of the meeting would be to determine during the public hearing for the Final PUD application whether or not to accept the proposed amendment pursuant to the criteria established in Municipal Code Section 16A-5-340(k), Amendment (see below for details). Action: Approve, approve with conditions, or deny attached Resolution No. 13, Series of 2009, which may be amended at the meeting. II. SUMMARY DESCRIPTION OF PROPOSED AMENDMENT. The applicant proposes to remove the previously offered overflow off-site parking commitment as additional parking for special events or large gatherings as further described in the applicant's letter dated May 11, 2009 (see Attachment 3, including Exhibit "A" of Resolution No. 13, Series of 2009). The plan amendment includes: a) limiting the parking demand to 106 spaces on the site, b) providing valet parking services, utilizing bus service, and/or using or cooperating with the Town's transportation for shuttle services during special events, and c) constructing the additional 12 spaces on Lot 2A if and when required by the Town. It is proposed that these parking management strategies would substitute for the commitment to the overflow off-site parking that is now proposed to be eliminated. 1 III. BACKGROUND For comparison purposes attached is the previous parking management plan provided with the Preliminary Plan acceptance in Exhibit 8 of the Preliminary Plan PUD Guide that was included as Attachment "A" to the approved Resolution No. 9, Series of 2006 (see Attachment 1). Also attached is an excerpt from the development agreement provided in the original Final PUD application outlining the applicant's parking agreement (with staff notations) together with the previously offered overflow off-site parking commitment (Attachment 2). Pursuant to Town Council Resolution No. 9, Series of 2006, the Town Council made the following finding ('F1 m') concerning the off-street parking situation at the Chapel site: Off-street parking standards. Pursuant to Municipal Code Section 16A-4-310, the minimum parking required by Code is not provided on the site by the Applicant for all the new and re-adaptive uses on the property, and therefore the proposed shared parking plan does not meet the demands of the facility as a whole if operated concurrently. However, the Applicant has adequately demonstrated that the peak use period for the uses will not overlap with one another and that the total number of spaces that would be required for all uses (i.e., together with the main assembly hall in the proposed building addition) has not been reduced by more than 20 percent in accordance with Sub-section(c)(1) "Shared parking" as further described in the restriction of uses and the parking management plan outlined in Exhibits '6' and '8' of Attachment 'A" Preliminary PUD Guide. It is unlikely that the existing parking facility or parking availability on Lot 2A would by itself self-regulate or limit the usage or operations of the community/conference and meeting spaces within the existing and proposed facilities without the use restrictions and parking management plan provisions described in Attachment "A." IV. APPLICABLE REGULATIONS The following Municipal Code sections apply to the consideration of the acceptance or not of the proposed amendment: Section 16A-5-340(k), Amendment, of the Municipal Code, states: If an applicant wishes to amend a submission after a Planning Commission recommendation thereon, such request shall be made in writing and presented to the Town Council during the public hearing. The Town Council shall consider and make a determination as to whether the changes alter the nature of the project from that described in the original submission to such an extent that: 2 1) The amendment should not be allowed; 2) The amendment should be allowed, but the Planning Commission should have an opportunity to review the amendment and make a recommendation thereon; or 3) The amendment should not be allowed, and the application should proceed without additional hearings or consideration thereof. If the amendment is not allowed, the Town Council shall continue to consider the application without amendment in accordance with the provision of this Section. If an additional Planning Commission recommendation is to be made, the Town Council may, at its discretion, table the application until it has received the Planning Commission's recommendation on the amendment:' Section 16A-5-340(1), Remand, of the Municipal Code, states: "An application may also be remanded to the Planning Commission when the Town Council determines that the application has otherwise been altered in a significant manner following the Planning Commission's action on the Preliminary PUD. The Town Council shall table the application until it has received the Planning Commission's recommendation on the changes. V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS Other than providing recommendations concerning the action on the proposed amendment, staff is not in a position to conduct a thorough analysis and provide recommendations on the proposed amendment itself until it is accepted for review and review purposes. However, staff does offer the following comments or information for purposes of assisting the Town Council in determine whether or not to accept the proposed amendment: a) It should be clarified whether the proposed parking management plan adjustments represent a supplement to the previously submitted and updated parking management plan agreement (see Attachment 2) or would replace such agreement language. b) The parking requirements for the 1 space per every 3.3 of the proposed 320 permanent and 1 space for every 5 of the 30 temporary seats totaling a minimum parking need of 103 spaces are for the principle building addition only and does not account for any concurrent operations of other uses in the existing facilities. c) The previous restriction in the Preliminary Plan PUD Guide's parking management plan should be carried forward regarding uses not operating simultaneously when services or large events are scheduled in the principle building addition. Such a restriction is not noted in the amendment. d) If the overflow off-site parking is eliminated, staff questions whether the applicant would meet the Code standards for shared alternative parking plan. The test at that time was that the peak usage period for the uses (even off- site uses) would not overlap with one another and that the total number of spaces that would be required for all campus uses (i.e., together with the main assembly hall in the proposed building addition) would not been reduced by more than 20 percent in accordance with Sub-section(c)(1) Shared parking" as further described in Code Section 16A-4-310. 3 e) It should be verified whether the previous restriction of not severing the ownership of Lot 2A (main parking area) from Lot 1 (building locations) would remain for purposes of ensuring that the parking shall be available at all times for the use of the property. The current amendment does not indicate such a restriction. f) It seems public transportation services should not be utilized for private events, unless such public service is contracted. g) It should be clarified whether the "enforcement mitigation fee" language would be carried forward as part of the amendment proposal. The fee was for the purpose of reimbursing Town costs incurred when it is determined that the parking management plan is not effective for controlling traffic impacts and parking demands upon the facility and the Town is required to provide traffic and/or parking control on nearby public streets for events utilizing the parking on the Chapel site. h) The off-site parking location for the proposed valet service on the site should be identified. i) Staff understood per the Final PUD plans that the 12 extra parking spaces on Lot 2A would be installed during construction of the building additions. The amendment proposes that it be installed when and if the Town requires it. Condition 6c in Town Council Resolution No. 9, Series of 2006, stated that the Applicant submit a final landscape plan for the parking lot that incorporates the 12 additional parking spaces for review." It would appear that such 12 additional spaces at minimum should be installed with the building additions if the overflow off-site parking commitment is being eliminated to accommodate the additional parking demand for large events. j) It would seem the contingency plan language from the parking management plan under the Preliminary Plan approval should be carried forward into the final parking management plan agreement and amendment. k) It seems such proposed parking amendment provisions, if accepted and subsequently approved, should be included as part of the 1998 Parking Lot Use, Maintenance and Improvements Agreement and signed by the affected property owner and adjacent owners together with the parking provisions in the development agreement as part of the Final PUD application. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments: 1. The previous parking management plan provided with the Preliminary Plan acceptance as Exhibit 8 of the Preliminary Plan PUD Guide, which is included as Attachment "A" of Resolution No. 9, Series of 2006; 2. Excerpt from the development agreement provided in the original Final PUD application outlining the applicant's parking agreement (with staff notations) together with the previously offered overflow off-site parking commitment. 3. Resolution No. 13, Series of 2009, including referenced Exhibit "A" of the applicant's amendment dated May 11, 2009 explaining their proposed parking management plan adjustments, including the elimination of the overflow off-site parking area. 4 VII. PLANNING COMMISSION FINDINGS AND RECOMMENDATIONS. When Planning Commission reviewed the re-zoning portion of the application and the changes in the Final PUD on March 18, 2009, they made the following findings and recommendation concerning the Chapel's parking arrangements in their Resolution No. 10, Series of 2009, on April 1, 2009: The changes to the seating counts in the main building addition from 300 to 320 permanent seats at a ratio of 1:3.3 and a decrease of temporary seat from 50 to 30 seats at a rate of 1:5 seems to insignificantly increase the parking requirement from 101 to 103 spaces, and the application appears to acceptably show the proposed expansion of the parking provided on Lot 2A by at least 12 spaces as previous recommended during the preliminary plan review, thus increasing the overall parking provided on site from 106 to 121 spaces together with handicap parking provisions; and, as the additional off- site overflow parking has been reduced from 32 to 26 spaces, the net cumulative difference between parking requirements and parking provisions appear negligible when compared to what was proposed during the preliminary plan review." Planning Commission, however, finds that it would be preferable for the overflow parking to not occur off the site on a frequent basis, and the applicant should strive to meet parking requirements or demands from their facilities or events on their site. The applicant appears to have acceptably designated a parking space for the residential unit on the site:' VIII. STAFF RECOMMENDATIONS AND FINDINGS. As previously explained, other than staff providing a recommendation concerning the action on such amendment acceptance or not, staff or referral agencies are not in a position at this time to evaluate in detail and provide comments or recommendations on the amendment itself. However, Planning staff has provided informational type comments and background information for comparative purposes in the sections above in efforts to assist the Council in making a decision on whether to accept the amendment. The purpose for Council at the June 1s' meeting is to determine whether to accept such amendment for referral and review purposes, and if accepted, whether to remand to Planning Commission for their review and recommendations. If the amendment is accepted, Planning staff would refer the proposed amendment to affected Town Departments and referral agencies for formal review and comment, and if needed, subsequently schedule the amendment proposal for Planning Commission review. Staff further recommends that if the amendment is accepted, that it should be explained to the applicant that it does not'represent an approval, only an acceptance to refer and review the proposed amendment. Also, considering the findings and recommendations from the Planning Commission, their understanding was that an overflow off-site parking area would be committed and 5 utilized. As a result, it may be prudent to remand the proposed amendment of the parking management plan adjustments for Planning Commission's review, analysis and recommendations. Per the Code, it appears the Town Council has one of either option to: a) table the accompanying Final PUD review and continue the public hearing to later in the summer at a time when the Planning Commission or staff recommendations on the parking changes are ready to be presented to the Town Council, or b) continue reviewing any remaining core issues or follow up replies or information from the applicant in response to previous Town Council comments on the Final PUD application. IX. NEXT STEPS Next Steps include: Continuing to review the other core issues on the related Final PUD application; or Continue the public hearing on the related Final PUD to a date certain to allow further time, additional discussion or for the applicant to respond to previous comments from the Town Council. 6 ATTACHMENT 1 Snowmass Chapel Amendment TC Meeting 06.01-09 l ATTACHMENT "A" Town Council Resolution No. 9, Series of 2006 Page 53 of 79 EXHIBIT 8 OF THE PUD GUIDE PARKING MANAGEMENT PLAN ATTACHMENT "A" Town Council Resolution No. 9, Series of 2006 Page 54 of 79 Parking Management Plan A Operating Plan The purpose of this Parking Lot Use and Management Plan is to ensure that adequate parking will be available to meet the unique parking and scheduling requirements of Anderson Ranch Arts Center(ARAC)and Snowmass Chapel Incorporated(SCI). It is recolmized that there is a limited amount of parking available to meet collective needs. The Parking Lot Use Study,which is attached,demonstrates that demands occur at different times,allowing both entities to accommodate their parking needs at the same location. This plan also intends to set forth basic scheduling, facility use,and parking lot management requirements that shall be followed as part of the PUD approval. These requirements are necessary to ensure that parking does not become unreasonable congested and,as a result, contribute to unnecessary impacts on the nearby roadways. The joint use of the parking facilities has occurred for many years. A "Parking Lot Use, Maintenance and Improvement Agreement'between Anderson Ranch and SCI was reached in October 1998. That agreement defines the manner in which the use and C maintenance of the parking lot will occur. This Parking Management Plan will instutionalize that agreement under this PUD Guide and allow modifications thereto,so long as the amendments do not affect the intent and requirements of this Parking Management Plan. B Availability of Parking I. Total number of parking space that will be available to serve the needs of this PUD will be as follows. Regular parking spaces in Lot 2A(minimum): 101 Spaces Proposed Handicapped parking spaces in Lot 2A: 2 Spaces Proposed Handicapped parking spaces in Lot I: 3 Spaces TOTAL MINIMUM SPACES 106 Spaces Total Overflow Spaces (Evenings and 32 Spaces Weekends): Total Future Spaces(minimum): 12 Spaces snowmass Chapel and Community Ccnicr Page I Parking Managenxnt Plan ATTACHMENT "A" Town Council Resolution No. 9, Series of 2006 Page 55 of 79 Total Minimum Future Spaces: 150 Spaces 2. SCI will construct at least 12 future parking spaces, under the terms of the Parking Lot Use, Maintenance and Improvement Agreement,"before a certificate of occupancy is issued for the new sanctuary building. SCI will work with the Town Planning Department to determine if additional spaces are possible without removing important landscape areas. If so, SCI provide the additional spaces. 3. SCI has secured an agreement with Jim Light/Jim,Chaffin that commits 32 parking spaces immediately south of Anderson Ranch as overflow parking during the evenings and on weekend for both SCI and Anderson Ranch. This arrangement will be formalized in a manner acceptable to the Town before Final PUD approval is granted for the Snowmass Chapel and Community Center PUD. 4. This Parking Management Plan will allow a certain amount of residential parking to occur in the parking lot. Up to eight(8)parking spaces may be used for such purposes. Six(6)parking spaces may used by residents and guests of the Anderson Ranch Arts Center on a year round basis. These spaces shall be provided only in the northeast corner of the parking lot. 5. SCI will be allowed to maintain two(2)residential parking spaces for it employee housing unit. 6. SCI requires four parking spaces during normal hours of operation for employees. 7. The ownership of Lot 2A shall not be severed from Lot 1,ensuring that parking will remain available for uses on Lot 1. C. Calculation of Parking Demand I. A parking demand analysis for existing users is attached to this Plan. That information demonstrates the following: a. Parking lot use patterns differ from winter to summer. The greatest and more frequent use of the parking lot occurs each weekday during the summer months. While Anderson Ranch Arts Center(ARAC) has a commitment of 20 non-resident parking spaces in the parking lot,it uses at least 80 spaces. b. SCI commits to provide up to 20 spaces in this parking lot between the hours of 8:00 AM and 5:00 PM Monday through Friday each week during the summer months, more during other periods, to accommodate the community use of SCI facilities under the Community Purpose Commitment Agreement. SCI shall use its best efforts to balance the Snowmass Chapel and Community Center Pnge 2 Parking Management Plan ATTACHMENT "A" Town Council Resolution No. 9, r_ Series of 2006 Page 56 of 79 number of spaces available for the community purpose space and the needs of Anderson Ranch Arts Center based on ARAC actual needs and the scheduling of community use activities in SCI facilities. ' C. The parking lot is used significantly less on the typical weekday during the winter and off-season months. During winter, the busiest period of the typical week day is at about 42%of the lot capacity. d. The data demonstrates that there are significant use opportunities underutilization of the parking lot)anytime other that during the typical summer weekday. e. The data show that the parking lot is capable or accommodating the needs of Sunday worship services. f. Finally, the data show that there are several uses of the facilities that can generate a significant number of cars in the parking lot. These are typically associated with special worship services, including Easter and Christmas. 2. Parking Availability. An assessment of the project parking demand has been prepared. The information provided demonstrates the parking demand by use during a peak winter and summer months. The parking assessment information demonstrates significant opportunity for a variety of existing and new activities to occur in the project. a. Maximum Number of Hours Available. The calculations assume a 14 hour day during which ARAC and/or SCI facilities might typically be used. i.Summer(June— August) 92 days x 14 hours = 1,366 hours it. Off-seasons (Sept—Nov) 137 days x 14 hours= 1,918 hours mid-April—May) iii. Winter(Dec. —mid-April) 136 days x 14 hours = 1.904 hours Total Hours of Available Parking 5,188 hours b. Summer Use i.90 spaces weekdays between 8:00 AM and 5 PM ii. 9 hours/day x 92 days = 828 hours of summer use Parking lot is at or above 85%capacity) Snowmass Chapel and Community Center Page 3 Parking Management Plan ATTACHMENT "A" Town Council Resolution No. 9, Series of 2006 Page 57 of 79 iii. 168 hours of Sunday use for Worship and related activities iv. 1,366 - 828 - 168 = 360 net summer hours when there will be at least 60 to 90 percent of the parking lot available for SCI and Community Purpose use C.Winter Use i.100 spaces available weekdays and weekends between 8:00 AM and l0 PM ii. 14 hours/day x 136 days = 1,904 hours of winter use opportunity Parking lot occupancy is at 40%or less of its capacity) iii. 252 hours of Sunday use for Worship and related activities iv. 1,904- 252 = 1,652 net winter hours when there will be significant parking capacity available for SCI and Community Purpose use d. Off-Season Use i.100 spaces available weekdays and weekends between 8:00 AM C and 10 PM ii. 14 hours/day x 137 days = 1,918 hours of off-season use opportunity iii. 252 hours of Sunday use for Worship and related activities iv. 1,918 - 252 = 1,666 net off-season hours when there will be at 80 parking lot capacity available for SCI and Community Purpose use 3. Determining Parking Needs for Large Events a.Option 1. Ordinance No. 11,Series of 1992 requires that there be one (1) parking space for each 3.3 permanent seats and one(1)parking space for each five temporary seats provided in the Chapel,(typical parking demand ratios for Churches). While there are other uses of SCI's facilities, described in the PUD Guide, such uses shall not be permitted simultaneously when the Sanctuary is in use for Sunday services or other large uses such as weddings or concerts occur. Therefore, to determine the number of spaces needed for SCI, the full occupancy of the Sanctuary is used to determine parking needs. Given these use conditions, the peak use of SCI facility generates the following parking demand. Snowmass Chapel and Community Center Page 4 Parking Management Plan ATTACHMENT "A" Town Council Resolution No. 9, r Serles of 2006 Page 58 of 79 i. 300 permanent seats/ 3.3 parking spaces per seat = 91 parking spaces ii. 50 temporary seats / 5.0 parking spaces per seat = l0 parking spaces iii. Total Parking Required = 101 parking spaces b. Option 2. For the larger worship services there might be about 220 persons occupying the old Sanctuary. SCI estimates the need for about 100 spaces are required to meet the need. This generates about 2.2 people per vehicle. (Capacity issues can occur in the parking lot if ARAC also has vehicles parked.) The new Sanctuary will accommodate an additional 80 persons in fixed seating. At 2.2 persons per vehicle, this could generate another 36 vehicles. If the 50 temporary seats are also filled, there could be another 22 vehicles. The total number of vehicles parked for a fill capacity event might be about 158. As noted in Section B above, there will be about 142 parking spaces for maximum use events(150—6 ARAC resident parking spaces and 2 SCI employee spaces). Given a maximum use event, it is likely that reliance on other transportation options will be required. This Parking Lot Management Plan and the commitments to Cpublic transit-related improvements address this situation. D, Limitations on the Use of Parking I. There shall be no overnight parking except as available and with the permission of the SCI.There shall be designated areas for overnight parking for ARAC residents or guests, limited to six(6)spaces located in the north-east comer. There may be up to two parking spaces designated for the use of SCI employee housing unit. 2. During the summer months, (June through mid-September) there will be tip to twenty(20)additional spaces,at a minimum, made available each weekday to ARAC to meet the needs of its operation. ARAC exceed this number now. SCI commits to work with ARAC to provide greater parking opportunities for ARAC on weekdays during the summer months. 3. ARAC will provide weekly parking passes to its parking lot users to ensure that the lot is effectively used and that unauthorized parking will not occur. 4. SCI will cause the towing at the owner's expense of any vehicles that it determines to be abandoned or illegally parked. Snowmass Chapel and Community Center Page 5 Parking Management Plan ATTACHMENT "A" Town Council Resolution No. 9, Series of 2006 Page 59 of 79 5. No camping or recreational vehicles shall be left in the Parking Lot without prior consent of the SCI. 6. The employee housing rules and regulations shall prohibit the storage or motor homes,trailers,or unregistered or inoperable vehicles in on-site parking spaces. Automotive maintenance or repairs to vehicles, which cause the vehicles to be inoperable or stationary for more than two days will be prohibited. All vehicles shall be moved on a routine basis. The lease will identify those vehicles that are authorized to be parking within the employee housing project. Other than short- term guest vehicles, SCI may tow unauthorized vehicles,without warning,at the expense of the other vehicle's owner. E. Parking Lot Management and Scheduling SCI is confident that parking will be adequate to meet the needs of both ARAC and SCI. It recognizes,however,that the need may exist from time to time to manage the parking situation carefully. Further, SCI recognizes that the maybe unusual events and activities for which parking could become problematic. This management plan provided specific measures to ensure the effective use of facilities and available parking, while minimizing unreasonable impacts. 1. SCI shall at all times perform the duties and responsibilities of Parking Lot Manager. 2. SC[shall use best efforts to notify the ARAC and the Town in advance of major special events or extraordinary use of the Parking Lot. 3. ARAC and SCI will meet formally at least two (2)times each year, in May and November, to coordinate to the extent possible the annual Parking Lot Use Schedule for the coming use season. (SCI and ARAC will take into account the parking needs related to the use of certain SCI facilities under the Community Purpose Commitment Agreement.) The purpose of the meeting will be to coordinate in advance the use of available parking spaces to ensure that: 1)SCI and ARAC facilities can be maximized given the availability of parking and the user needs; 2)parking and traffic conditions do not become congested and unreasonably contribute to greater impacts on Owl Creek Road and Brush Creek Road, including the intersection of the two roads. Scheduling will identify those major summer activities sponsored by SCI,such as Challenge Aspen,when SCI will have priority use of the parking lot. 4. Immediately following each of the two seasonal scheduling meetings, SCI shall provide to the Town Police Department a summary of the upcoming seasonal use expectations, identifying to the extent possible the manner in which the facilities will be used and the estimated parking needs. SCI will identify to the extent possible unusual parking situations that might exceed purking lot capacities. Snowmass Cbapel and Community Center Pagc 6 Parking Management Plan ATTACHMENT "A" Town Council Resolution No. 9, Series of 2006N. Page 60 of 79 5. ARAC and SCI will coordinate weekly schedules during the year to refine schedules and accommodate special needs and activities of each, including community purpose space needs. SCI will coordinate activity and parking schedules with ARAC through regular communication (each Monday)during the summer season when both SCI and Anderson Ranch Arts Center share parking spaces in Lot 2A. 6. In an unusual circumstance, when parking conditions might be inadequate, SCI will determine parking and alternative movement options before the event and review its plan with the Town Police Department before the event. If it is determined that parking demand could result in congested conditions on Owl Creek Road and at the Owl Creek-Brush Creek Road intersection, SCI will provide an appropriate level of van service to mitigate such condition. In the alternative, SC[may negotiate an agreement with the Town for temporary service by Town buses. 7. SCI will work with local lodges to educate the public about the availability of lodge van service to SCI facilities and encourage use of this alternative transportation option. 8. For occasional large public events (i.e.,a public memorial service), SCI will arranged for shuttle bus service,privately or with the Town, from off-site areas and parking. Patrons will be brought directly to the Chapel as opposed to being dropped of at a stop along Brush Creek or Owl Creek Road. SCI has done this in the past and is committed to continuing this practice. F. Use or SCI Facilities to Guide Parking Availability 1. SCI will schedule the use of its.facilities to ensure that other activities/uses do not conflict with worship services or another major activity in the Sanctuary building that require full use of available parking. In other words,activities will not be scheduled in other parts of SCI facilities when"major activities" such as weddings, memorials,concerts,and worship service are being held in the new Sanctuary building. A"major activity' is one that will cause the Lot 2A parking Jot to be filled to at least 80 percent capacity. This will ensure that there will not be other pressures on parking or traffic during Sunday services or at other times with the Sanctuary is in use. 2. SCI will not schedule the start of a major activity,other than Sunday worship services, so that vehicles entering and leaving the parking lot do so during the morning and afternoon peak hour use of the public roads on the peak days each winter, A traffic study demonstrated that Sunday worship service activities will not cause a reduction in Level of Service on the Town roadways below that which Cis acceptable to the Town. Snowmass Chapel and Community Center Page 7 Parking Management Plan ATTACHMENT "A" Town Council Resolution No. 9, Series of 2006 t Page 61 of 79 3. In unusual circumstances, when parking might be used to capacity and overflow parking is required. SCI will perform the following management measures, at a minimum,to minimize impacts on the local road system. a. Provide direction signs to available parking, whether it may be on or off- site. b. Provide personnel in the parking lots and along Owl Creek Road to ensure that traffic flows effectively and that no parking occurs on Owl Creek Road or in designated fire lanes. C. SCI shall notify the Town Police Department as soon as possible in advance of the activity to review management measures to be carried out by SCI. The Town,at its discretion, may require other temporary measures to be undertaken for the event. d, Following the event,SCI will review the parking and traffic management measures with the Town Police Department to determine the effectiveness of each measure and determine if other measures should be used in the rfuture for other similar activities. C. Contingency Plans 1. SCI will conduct a monitoring and evaluation program for the two years following the completion and occupancy of the new SCI Sanctuary. SCI will coordinate the program with the Town Planning Department and SCI will provide the findings of the assessment to the Planning Department. The purpose of this program will be to analyze parking demands during the peak summer weeks in August and the peak winter weeks in March, related to the occupancy of the new Sanctuary building, to determine whether the parking is sufficient to accommodate the needs of both SCI and ARAC. If,as a result of this evaluation, the Town determines that there is inadequate parking to meet the needs of more than fifty(50)percent of SCI's"major activities," then SCI shall be required to offset the additional demand as follows. The mitigation shall be sufficient to accommodate the number of people that are not able to find adequate parking either on-site or in available overflow parking. SCI and the Town will agree on the specific mitigation requirement at that time, but which will generally include: a. SCI will contribute to the Town an amount sufficient to cover the ridership impact on the Town's transit system created by inadequate parking; or b. SCI will both purchase and maintain a van service to reduce parking demand. Snowmass Chapel and Community Center Page R Parking Management Plan ATTACHMENT "A" Town Council Resolution No. 9, Series of 2006 CPape 62 of 79 2. Following the completion of the monitoring and evaluation program, SCI shall either provide the appropriate additional mitigation or, if it is determined that the parking adequately meets the needs of SCI, the mitigation requirements will be considered satisfied. H. Modification to the 1998 Parking Lot Use,Maintenance and Improvement Agreement 1. Provisions of the 1998 Agreement are critical to the successful use of the available parking. It is recognized that Agreement is in effect for one year at a time. On or about each anniversary date, the directors of SCI and ARAC will review and if necessary may agree to modify that Agreement. 2. SCI,which owns the parking lot,will not make any other commitments on the use of the parking lot that are not set forth in this Parking Lot Management Plan, the 1998 Parking Lot Use, Maintenance and Improvement Agreement or in the Community Purpose Commitment Agreement unless it is first approved by the Town. 1. Binding upon Successors and Assigns The Parking Management Plan shall be enforceable against SCf,provided however, that in the event that SCI sells, transfers or assigns all of the property subject to the Snowmass Chapel and Community Center Planned Unit Development, the obligations of SCI under this Parking Management Plan shall be assumed in writing be the purchaser of the property and SCI shall have no further obligation. Therefore, this Parking Management Plan shall inure to the benefit of and be binding upon SCI and its successors and assigns. C ' Snowmass Chapel and C'ommnnity Center Page 9 Parking Management Plan enRn88rn$ r n( do$ ^ r(, ± R° r n r nr98g 888B888S praj c C OC m m III! fill Its CD Q U) CL 0 tt s 3 fitci ATTACHMENT 61A99 Town Council Resolution No. 9, Series of 2006 Page 64 of 79 ys ye yt y '1 ; i i ATTACHMENT s6A99 Town Council Resolution No. 9, Series of 2006 Page 65 of 79 M. milli iJ-t7f" 'r cL a;--j'7k1w Ac9g Gr4I L. S 1gZ v t16N ra c f ' frprre— C15f 1 a) SCI may charge reasonable fees to any user of the Commun' r Purpose space for use,damages and/or cleanup services. ATTACHMENT-2 b) SCI may, at its discretion, require a user to provide reasonab e Snowmass Chapel Amendment liability insurance or indemnify SCI for use of the Community Purpose Space. TC Meeting 06-01-09 C. PARKING AGREEMENT r 1) Lot 2A Parking Restrictions and Minimum Standards Notwithstanding prior commitments set forth in the "Parking Lot Use, r Maintenance and Improvement Agreement" between SCI, ARAC, and the Snowmass Wildcat Fire Protection District dated October 15, 1998, as it may be amended from time to time,SCI commits to the following minimum parking lot use standards for Lot 2A of the Property. a) Residential Parking n cL W D I, i1 SCI shall provide up to eight(8)parking spaces for ii..+ residential purposes,including six(6) parking spaces for residents and guests of the APR 10 1009 Anderson Ranch Arts Center(ARAC). These spaces will be designated by the SCI and Snowmass Village shall be in close proximity to ARAC. 06TA ky Deveiopmerd ii) SCI shall provide at least one(1)parking space for the 6e' 173F—,,,, C74 employee housing unit located on Lot 1. b) Parking for Chapel and Community Purpose Space e f,r, K I_ ` q 1, r6'f,r TG l J i) SCI shall provide up to 20 parking spaces between the hours of 8:00 AM and 5:00 PM Monday through Friday between May 15 and September 15 annually for the Community Purpose Space. The actual number of spaces provided 4—I1 t'[w m Z shall be dependent on the amount of space reserved. f,EicHlbl-1 ¢j -- c) Administrative Personnel and ARAC Student/Staff Parking TG 'd O(°-0) I, i) SCI, at its discretion,may provide four or more parking spaces during normal hours of operation for its administrative personnel.1. ii) SCI shall provide 20 parking spaces for ARAC for student and staff use between May 15 and September 15. TG f 2) Lot 1 Parking and Traffic Management t Snmnrau ha,faith Chapel Doi Agreemew t. L f r c c a) Use of SCI's Facilities When the use of the new Sanctuary(Building 3)for Sunday services or other large activities or uses, including but not limited to weddings, funerals, concerts, large community gatherings,seminars, and lecture programs occurs,SCI shall not schedule the use of its facilities for another activity or use at its facilities that requires a substantial number of parking spaces on Lot 2A, To achieve this objective SCI will consider the following: 1i) SCI will schedule the use of its facilities to ensure that Formatted:Font:Calibri, 1z pt other activities/uses do not conflict with worship services or another major activity in the Sanctuary building that require fill use of available parking.In other words, *—I activities will not be scheduled in other parts of SCI facilities when"major activities" f,,7 _Exi Fit t such as weddings, memorials, concerts,and worship service are being held in the newP Sanctuary building. A"major activity" is one that will cause the Lot 2A parking lot to be filled to at least 80 perccnt capacity.This will ensure tka:there will not be other pressures on parking or traffic during Sunday services or at other_times with the Formatted:Pont:Calibri, 12 at Sanctuary is in use. ii) SCI will not schedule the start of a major activity,other than Sunday worship services,so that vehicles entering and leaving the parking lot do so Formatted:Font:calfb , tz vt,Not during the morning and afternoon peak hour use of the public roads on the peak days Italic each winter.A traffic study demonstrated that Sunday worship service activities would not cause a reduction in Level of Service on the Town roadways below that which is acceptable to the Town. iii) In unusual circumstances,when parking might be used to Formatted:Font:Calibri, 12 Ot,Not l capacity and overflow parking is required SC'I will perform the following management Italic measures at a minimum to minimize impacts on the local road system. Formatted_Font:Calibri, 12 pt L a. Provide direction signs to available parking. l 1 ,,, l whether it may be on or off-site. b. Provide personnel in the parking lots and along Owl BUMMEDCreekRoadtoensurethattrafficflowseffectivelyandthatnoparkingoccursonOwl Creek Road or in designated fire lanes. APR 10 2009 C. SCI shall notify the Town Police Department as Snowmass villagesoonaspossibleinadvanceoftheactivitytoreviewmanagementmeasurestobeOevejopmem carried out by SCI.The Town at its discretion, may require other temporary measures to f be undertaken for the event. C d. following the event,SCI will review the parking and traffic management measures with the Town Police Department to determine the C Snau'mass lnteifaah Chapel Derelopmenr Agreernenl 4 1` r f i t I L f effectiveness of each measure and determine if other measures should be used In the future for other similar activities. r Formatted:Font calibri, 12 p[ b) Coordination with ARAC Required Deleted:s n i) SCI will meet with ARAC at least two(2)times each year, in May and November,to coordinate to the extent possible the annual Parking Lot Use ---->e-tz 6WI" llr J I Schedule for the coming use season, coordinating in advance the use of all parking spaces to ensure that: 1)the use of SCI and ARAC facilities can be maximized given the availability of parking;2)parking and traffic conditions do not congest the emergency 40 access easement to and through Lot 2A;3)parking does not occur within any public PIMP b6-°) rights-of-way without Town approval;and 4)traffic does not unreasonably contribute to t congestion of the Owl Creek Road-Brush Creek Road intersection. Scheduling will 71, identify those major summer activities of both users and specific periods of priority use CEd d ED of the parking spaces. ii) Immediately following each of the two seasonal scheduling APR 10 2009 nunfty SS vela Villagemeetings,SCI shall provide to the Town Police Department a summary of the upcoming Commnty Deebpmentseasonaluseexpectations,identifying to the extent possible the manner in which the facilities will be used and the estimated parking needs. SCI will identify 1, p g possible unusual per` `•parking situations that might exceed parking lot capacities and solutions for managing 7 the anticipated parking short fall. 6 iii) SCI will coordinate weekly schedules as necessary with ARAC during the year to monitor and refine schedules and accommodate needs and activities of both,as well as with the parking needs associated with the Community Purpose Space. I, c) Coordination with Town Required T i) SCI shall notify the Town of Snowmass Village Police Department in advance of major special events that will exceed the capacity of the + available parking areas. t t ii) In an unusual circumstance, when parking conditions will be inadequate,SCI shall determine alternative parking locations and transportation t alternatives to and from the Property. SCI shall review its plan with the Town Police Department before the event. If it is determined that parking demand could result in t 1 congested conditions on Owl Creek Road and at the Owl Creek-Brush Creek Road t intersection,SCI will provide an appropriate level of traffic and parking management/control and/or van service to minimize such condition.SCI may negotiate t an agreement with the Town for temporary service by Town buses as needed. t d) Alternative Parking and Transportation Arrangements Required i t Snouma /nwfaith Chapel Dnelopmenl Agreement 5 t 1, 1. r i) SCI will work with local lodges to educate the public about F-7 — the availability of lodge van service to the Property and encourage use of this alternative - C--444115*0 transportation option. ii) For occasional large public events that will exceed capacity CEd Y EDofavailableon-site parking(i.e.,a public memorial service),SCI will arrange for shuttle C. F bus service,privately or with the Town,from off-site areas and parking. Patrons will be brought directly to the Chapel as opposed to being dropped of at a stop along Brush APR 1 0 2009 Creek or Owl Creek Road. ypowmassVuwye COMMUrtity DevelOpinern e) Parking Lot Management Required i) SCI shall provide weekly parking passes to Lot 2A parking lot users to ensure that the lot is effectively used and that unauthorized parking will not occur. SCI may transfer to ARAC this responsibility for its users; provided however,such action does not absolve SCI of its obligation to ensure that weekly parking passes are issued as set forth herein. ii) There shall be no overnight parking except as available for designated residential uses or without the permission of the SCI. iii) SCI will cause vehicles to be towed from the Property that — PW t'm' it determines to be abandoned or illegally parked. C iv) No camping or motor homes or vehicles intended for sleeping shall be left in the Parking Lot without prior consent of the SCI. v) SCI shall prohibit-the storage of trailers,boats and other similar recreational vehicles, or unregistered or inoperable vehicles in any parking space on the Property. Automotive maintenance or repairs to vehicles,which cause the aw vehicles to be inoperable or stationary for more than two days is prohibited. All vehicles shall be moved on a routine basis. f) Enforcement Formatted:Indent:Left: 1", Hanging: O.s' i) The Town may impose upon SCI an"enforcement Formatted:mdenr.Left: 1.5 t mitigation fee"of up to$1,000 per day or a sum equal to Hanging: 0.5' r the actual Town costs incurred when it is determined that the parking lot management program set forth in this A Agreement are not effective in controlling the traffic p impacts and parking demand upon the facility and themeTownisrequiredtoprovidetrafficand/or parking control l C Snanmass Interfaith Chapel Decelopmew Agreement 6 f l on nearby public streets for events utilizing the parking on the chapel site. 3) Separation of Parking a) Without Town approval, SCI shall not sever the ownership of Lot 2A from Lot 1 to ensure that parking shall be available at all times for the use of the Property. tee[/ aCt= t.14 COJtSrcr f b) SCI shall be responsible for maintaining all parking spaces on the Property,subject to the Parking Lot Use, Maintenance and Improvement Agreement, as R ;r T it may be amended from time to time. rOW D. EMPLOYEE HOUSING COMMITMENT of=r APR 10 1009 1) SCI shall provide and maintain an employee housing unit on the Property. SI Un ty D velopCommunityDevebpment The housing unit shall contain 620 square feet, including cooking,sleeping and living areas. 2) The employee housing unit shall not be divided from other facilities or p 6[ spaces on Lot 1, First Amended Plat of the Snowmass Interfaith Chapel Subdivision,to JLOE- create separate ownership of the unit without approval of the Town. 3) Because of the connection of the employee housing unit to other j, lvz4vM CA facilities owned and operated by SCI, it shall reserve the right to rent or provide the r Unit on a priority basis to its employees and other similar positions that are needed to t advance its ministry and mission in the community,to Eligible Persons of those providers of community services that use the Property, or to other Eligible Person that SCI selects to occupy the unit. 1. f 4) If SCI fails to fill the housing in accordance with this Agreement after 90 days of a vacancy, it shall allow the Town the right to place an eligible person in the unit I' for a period of up to one year subject to compliance with the Town's Restricted Housing Guidelines,all of the requirements set forth herein,and any standards established by SCI for the occupancy of the unit, including but not limited to noise and decorum that are incorporated into a License to occupy or lease agreement with the tenant of the unit. 5) SCI agrees to establish a deed restriction on the employee housing unit consistent with the intent of this Agreement prior to the recordation of the First f Amended Plan of the Snowmass Interfaith Chapel Subdivision. E. GENERAL PROVISIONS I Saa11 ni055Interfaith Chapel Do elopmeet Agreement 7 I t I 1 t i SNIONVMASS CORPORATION f wf::L-Ctj v+ CW October 15, 2008 UMn.d-r[nn T r t.1 OICI Gti ArL Snowmass Chapel 5307 Owl Creek RoadLk cT PO Box 17169 5nowmass Village, CO 81615 Attention: Dr. Edgell F. Pyles, Senior Pastor, and Jeanne Woods, Administrative Director Anderson Ranch Art Center PO Box 5598 Snowmass Village, CO 81615 Attention: Hunter O'Hanion, President Paul Schorr, Board of Directors Re Snowmass Chapel, Anderson Ranch Arts Center, and 5nowmass Corporation Edgell, Jeanne, Hunter and Paul, This letter is intended to clarify the commitments of 5nowmass Corporation to the 5nowmass Chapel. I understand you will send this to the Town of 5nowmass Village as part of the proposal for the New Sanctuary. Snowmass Corporation (SnowCorp), is owned by James J. Chaffin, Jr. and James W. Light and owns the "Property" which is adjacent to the Anderson Ranch Art Center (ARAC). referred to as the "5nowmass Corporation Former Headquarters" or as "the Property". The subject property is located at 5131-5150 Owl Creek Road and is legally described as: Lot 1,Parcel 6, Filing No. 1 of the 5nowmass Club Subdivision, less and except a portion of that lot described by metes and bounds. Pitkin County, Colorado SnowCoro Letter 101408-,dock The two building on this Property are currently leased to various individual tenants for use as offices. This Property contains 26 parking spaces on the South (uphill) side of the property. This parking is used primarily by the tenants on Mondays through Fridays although there is some weekend use. ARAC and the Snowmass Chapel (the Chapel) are parties to a "Parking Lot Use, Maintenance & Improvement Agreement" which is dated October 15, 1998. Please provide this agreement as an enclosure in your letter to the Town of Snowmass Village. The Agreement provides for cooperation between ARAC and the Chapel for managing the peak uses by the two parties of the Chapel's existing parking lot and the parking owned by ARAC. SnowCorp has offered to transfer the Property to ARAC subject to some indebtedness and other conditions. ARAC and its Board are reviewing the offer by SnowCorp. A condition of the gift is that ARAC must agree to add the 26 parking spaces to the existing "Parking Lot Use, Maintenance 6 Improvement Agreement". Based on informal discussions with Hunter O'Hanian, ARAC will accept this as a condition of the gift. On behalf of 5nowmass Corporation, my signature below confirms that: 1) The 26 parking spaces will be subject to the "Parking Lot Use,Maintenance 6 Improvement Agreement" which will be amended to address the reasonable commercial needs of the tenants of the Property and will provide to ARAC and the Chapel additional "overflow" parking to be used when the Chapel's existing parking lot and the other ARAC parking areas: and 2) This provision is an excerpt of the proposed gift agreement from SnowCorp to ARAC. Sincerely, 4;s W. Light President cc: James J. Chaffin, Jr. David Myler SnowCorp Letter 101408.docx r m'"rin u. Hnr • Snuo itlats }llal;c, Colurad x1(,15 • I'hnn [;era"'i : . First Amendment to the October 15, 1998 Parking Lot Agreement Between Snowmass Chapel and Anderson Ranch Arts Center When the office buildings owned by Snowmass Corporation are gifted to the Anderson Ranch Art Center,the 26 parking spaces that are part of the gift will be available for the Chapel's use_ t 111 l f,p 4g me W.Light Date ha -Light Associates RF i dent of the Board of Trustees Chap gall F. Pyles,Ph.D. Da e Snowma s Chapel, Inc. Hun r O'Hanian Date Anderson Ranch Arts Center President ATTACHMENT Snowmass Chapel Amendment TC Meeting 06-01-09 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION No. 13 5 SERIES OF 2009 6 7 A RESOLUTION ACCEPTING AN AMENDMENT SUBMITTED MAY 11, 2009 FOR 8 PROPOSED PARKING MANAGEMENT PLAN ADJUSTMENTS, INCLUDING THE 9 ELIMINATION OF THE PREVIOUSLY OFFERED OVERFLOW OFF-SITE PARKING AREA, 10 AS THE FIRST MODIFICATION PROPOSAL TO THE SNOWMASS CHAPEL EXPANSION 11 FINAL PLANNED UNIT DEVELOPMENT (PUD) APPLICATION, AND AUTHORIZING 12 CONTINUED SUBSEQUENT REVIEW AND CONSIDERATION BY TOWN COUNCIL OF 13 THOSE AMENDMENTS. 14 15 WHEREAS,The Snowmass Chapel, Incorporated("Applicant')submitted on May 11, 16 2009 an initial amendment proposal involving parking management plan adjustments to the 17 Snowmass Chapel Final PUD application, including the elimination of a previously offered 18 overflow off-site parking area,as further described and incorporated herein as Exhibit"A';and 19 20 WHEREAS, Section 16A-5-340(k), Amendment, of the Snowmass Village Municipal 21 Code (the "Municipal Code") explains the process for proposed amendments to PUD 22 applications already reviewed by the Planning Commission; and 23 24 WHEREAS,the Town Council was scheduled to consider acceptance of the proposed 25 amendment to the application on June 1, 2009 and authorization for subsequent review, 26 analysis and consideration with the entire application as a whole. 27 28 NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of 29 Snowmass Village, Colorado, as follows: 30 31 Section One: Findings on Amendment. The Town Council finds as follows: 32 33 1. The amendment proposal dated May 11, 2009 was submitted after the Planning 34 Commission reviewed and provided recommendations on the rezoning portion of the 35 Final PUD application, including changes thereto,via Resolution No. 10, Series of 2009, 36 passed on April 1, 2009. 37 38 2. Pursuant to Section 16A-5-340(k)(3) of the Municipal Code ("Code"), the Town Council 39 has determined that the amendment proposal alters the approved Preliminary Plan or 40 original Final PUD application to such an extent that it does not warrant/warrants 41 referral back to the Planning Commission for review and recommendations thereon. 42 43 Section Two: Action on Amendment Request. Pursuant to Code Section 16A-5-340(k), 44 the initial amendment proposal dated May 11, 2009, as further described in attached Exhibit 45 "A," is hereby accepted / not accepted for subsequent continued review, analysis and 46 consideration, subject to the Conditions in Section Three below. 47 TC Reso. 09-13 Page 2 of 3 48 Section Three: Conditions. The acceptance of the initial amendment is conditioned upon 49 satisfaction of the following requirements: 50 51 Option 1: 52 53 1. Town Staff shall refer the amendment for review to affected Town Departments and 54 referral agencies for review and comment and forward such replies to the Town Council at 55 a subsequent meeting together with a more detailed analysis by staff on the applicant's 56 proposed amendment concerning the parking management plan adjustments, including 57 any recommended mitigation to address the effects or impacts of the proposed elimination 58 of the previously offered overflow off-site parking area especially during special or large 59 events. 60 . 61 2. Pursuant to Municipal Code Section 16A-5-340(k)(3), the accompanying Final PUD 62 application may proceed with the ongoing review of core issues or the applicant's replies 63 or new information provided in response to the previous Town Council comments in the 64 interim until staff and the referral agencies are ready to present their findings and 65 recommendations on the proposed amendment for the parking management plan 66 adjustments. 67 68 Option 2: 69 70 1. Town Staff shall refer the amendment for review to affected Town Departments and 71 referral agencies for review and comment and forward such replies to the Planning 72 Commission that shall review, analyze and provide their recommendations to the Town 73 Council by resolution on the applicant's proposed amendment concerning the parking 74 management plan adjustments, including any recommended mitigation to address the 75 effects or impacts of the proposed elimination of the previously offered overflow off-site 76 parking area especially during special or large events. 77 78 2. Pursuant to Municipal Code Section 16A-5-340(k)(3), the accompanying Final PUD 79 application shall be tabled and the public hearing continued to a date certain to permit 80 enough time for the Planning Commission to present their recommendations on the 81 amendment to the Town Council. 82 83 Section Four: Severability. If any provision of this Resolution or application hereof to any 84 person or circumstance is held invalid, the invalidity shall not affect any other provision or 85 application of this Resolution which can be given effect without the invalid provision or 86 application, and, to this end, the provisions of this Resolution are severable. 87 88 READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass 89 Village on June 15', 2009 upon a motion by Council Member the second of 90 Council Member and upon a vote of_ in favor and —opposed. 91 92 TOWN OF SNOWMASS VILLAGE 93 94 95 Bill Boineau, Mayor 96 TC Reso. 09-13 Page 3 of 3 97 ATTEST: 98 99 100 101 Rhonda B. Coxon, Town Clerk 102 103 APPROVED AS TO FORM: 104 105 106 107 John C. Dresser, Jr., Town Attorney 108 109 110 Attachments: III Exhibit "A" — Applicant's Amendment dated May 11, 2009 proposing parking 112 management plan adjustments to the Final PUD application aD EXHIBIT cilTownConnell Resolution No. 13, Series of 2009 Page 1 of 4 To: Mr. Chris Conrad, TOSV Planning Director Mr. Jim Wahlstrom,TOSV Senior Planner l E SNOWMASS CHAPEL Mr. Russ Forrest, TOSV Manager I • D ASm to for" C"r' Cc: Doug Dotson MAY 11 2009 " Jeanne Woods C SSnno wmass VAlage NATIONAL From: Dr.Edgell Pyles, Senior Chaplain, Snowmass Chapel '- n Development ADVISORY BOARD Kathy Arnold, Carbondale Joan Bemis,Snowmass Kllage Barbara Burwell,Minneapolis Marcia Donnell,Atlanta Kathryn Finley,Chicago Greg Lykins,Champaign Barbara Mandrell,Nashville Paul Schorr,Chairman, Sanctuary Council Robert McNamara,Washington,DC Jim Raaf,Snowmass Village Linda Rutland,Atlanta Paul Schorr,DI,New York Barbara Shepard,Colorado Springs A Jeanne Stephens,Champaign 41K I. V(.mew Jim Toffey,Kennebunk Beach J.W.Vandeveer,Dollai Date: May 11,2009 Jeff Wandell,Champaign Nan Williamson,Denver Re: Snowmass Chapel PUD Application/Parking Management Tom wood,Carmel,IN Plan Adjustment . Charles Wyly,Dallas Martha Yocum,El Dorado,AK On behalf of the Snowmass Chapel and the New Sanctuary Council,we BOARD OF TRUSTEES want to outline terms of an adjustment to the proposed Parking Joe Farrell David Gadbaw Management Plan,which is currently part of the Snowmass Chapel's Dirk Gosda Lorianne Henry Final PUD application. Beth Hunter Jim Light,Chairman Judi Loubier We understand that the Parking Management Plan(our term for the Howard Rudge substantive provisions as stated in the Development Agreement in the Guy Rutland,III Chip Schorr,IV Final PUD application)has been accepted by the Town Planning Staff Sally Toffey and Planning and Zoning Commission.David Weiss Edgell Franklin Pyles,Ph.D. Charis Marie Caldwell,M.Phil,M.Div.Outlined below are the proposed revised terms of the Chapel's Parking chaplains Management Plan: Jeanne E.Woods By this letter,we are making a submittal for an adjustment, and asking Administrative Director that these conditions be incorporated by Doug Dotson into the 1 P.O.Box 17169•Snowmass Village,Colorado 81615.970/923-6192•FAX 9701923-6092•www,snowmasschapel.org EXHIBIT "V Town Council Resolution No. 13, Series of 2009 Page 2 of 4 Development Agreement between the Chapel and the Town which is in the Chapel's Final PUD application. I) Normal Operations. The Plan states that there will be adequate parking to meet the Town Code for the proposed 300 permanent seats and 50 temporary seats in the New Sanctuary (NS). Specifically: a) there are 101 existing spaces; b) the Chapel will add 5 handicap spaces as part of the NS construction;and c) there are or will be a total of 106 spaces when the NS opens. This Plan will meet the Town's Ordinance 11, Series of 1992 which requires 1 space for 3.3 permanent seats plus I for each 5 temporary seats. The Plan also addresses the needs of the Anderson Ranch Arts Foundation(ARAF) which is a party, as you know, to the current parking management agreement.The Plan also addresses the contingency planning for certain special events which are expected to occur a few days per year. The current Plan provides for"overflow parking"on land now owned by the Snowmass Corporation adjacent to the"Sinclair House"and the"Annex". Snowmass Corporation had previously stated in letters that it would agree, at the request of the Chapel some years ago, to make this space available because the Chapel's proposal was compatible with the other parking users at that time. Our proposed modification to this Plan is to remove these spaces from the Chapel's PUD application. Below are our assumptions and plans as well as proposed changes to the Plan. 2) Christmas Eve and Easter Sunday.The Chapel will make every effort to manage to the limit of 106 spaces by scheduling additional services on Christmas Eve and Easter. 3) Weddings. The Chapel will require valet parking, if demand for more than 106 spaces is anticipated, with one of two programs: a) "individual car valet service", which will allow individual cars to arrive at the parking lot; this service will be similar to the annual Anderson Ranch art auction; or 2 EXHIBIT "A" Town Council Resolution No. 13, Series of 2009 Page 3 of 4 b) "special bus service" where parking would be at the Rodeo and/or at Two Creeks parking lots and individuals would take a special bus to the wedding. 4) Memorials. It is the Chapel's policy not to charge for memorial services. These occasional services will be addressed by a combination of: a) working with the Town management and staff to provide Town shuttles; and b) hiring at the Chapel's expense, if necessary, the valet car or special bus services. It should be noted that only a few memorial services have extremely large attendance and when a large turnout would occur, it would very likely be in honor of a long-term citizen of Snowmass Village. 5) Other Community Events.The Chapel's policy will follow the plan for Weddings and if possible the expense will be the responsibility of the sponsor of the event. 6) Contingency Plan. The Chapel has already agreed to build an additional 12 spaces if and when required by the Town. There may be an opportunity to work with the Snowmass-Wildcat Fire District as they develop plans for their property. 7) Town Participation. It is our understanding that the TOSV staff has had conversations with the Snowmass Corporation and the expected purchaser of the Sinclair property concerning these issues. We would like to discuss further with the Town the opportunities for co-operation by the Town for use of its buses for a limited number of peak use events by Snowmass Village guests: a) Who are here for Christmas and/or Easter. b) Who may wish to attend special events. 8) Proposed Agreements. We propose these"valet"and"special bus"solutions will substitute for the`overflow" parking plan and that there will not be a need for the`overflow parking" on the property now owned by Snowmass Corporation. We anticipate that this proposal will be supported by the TOSV Planning Staff and Council. For over twenty years the Chapel and Anderson Ranch have worked cooperatively to manage the use of the available parking to meet the needs of each organization. For example, the Chapel does not schedule a wedding on the date of a key Ranch event, such as the annual Art Auction. 3 EXHIBIT "A" Town Council Resolution No. 13, Series of 2009 Page 4 of 4 We will incorporate these changes into an updated "Parking Lot Use, Maintenance, and Improvement Agreement," if you request it. Our cooperative parking management plan with Anderson Ranch goes back to 1998. Thanks for your cooperation and support on this issue. 4 MEMORANDUM TO: Snowmass Village Town Council FROM: Russ Forrest, Town Manager Marianne Rakowski, Finance Director DATE: June 1, 2009 SUBJECT: 2009 Budget Contingency Update I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: To provide a financial update for the General Fund, Real Estate Transfer Tax (RETT) Fund, Road Fund, Marketing and Special Events Fund and the Group Sales Fund. Action: To provide feedback or direction to staff on any of the financial information presented. 11. DISCUSSION ISSUES Attached are summaries for the above Town funds. Each summary shows the 2008 revised budget, 2008 actual numbers and the 2008 variance column, so that Council can see how these funds ended 2008 as compared to budget. Similarly, each fund also shows the 2009 adopted budget and their various contingency/revised budget plans. Below are the explanations for what is shown for each fund. General Fund: The summary sheet (Attachment A) shows a 2009 Hybrid #1 column, a 2009 Hybrid #2 column and a Hybrid Variance column -- The Hybrid Variance column is the difference between Hybrid#1 and Hybrid #2, so that Council can see the changes. The 2009 Hybrid #1 column is the column that contains the current operating budget as directed by the Town Council on 1/20/09. The 2009 Hybrid#2 column contains updated financial information that departments submitted that affected the Hybrid #1 budget. The major changes between the Hybrid budgets for operating revenues is a decrease in the Transfers in from the RETT Fund and the Road Fund due to a decrease in expenditures for Transportation, Road and the Parks/Recreation budgets, which account for the major decrease in operating expenditures. There are also increases in the Town Hall expenses and Comp Plan expenses to account for the funds remaining at the end of 2008, which will be spent in 2009 to complete these projects. Staff would like to continue to proceed under Hybrid#2. The Fund Balance remains essentially the same as in Hybrid #1 with the exception of the additional year-end carryover from 2008 and the minor changes in Hybrid #2. If the Town is down by an additional 10% in Town sales taxes, the amount of savings from a wage freeze will just about cover the additional decrease. The Town also ended 2008 with an additional 434K in unanticipated funds available that would cover the Town if the County Sales Taxes also come in 10% below projections. Real Estate Transfer Tax Fund (RETT): The RETT Fund is presented with three contingency budgets (60%, 75%, 85%) for Council to choose from. The % relates to how much the real estate transfer tax revenues will be down for each scenario. On the summary sheet(Attachment B) you will see that in all three scenarios, the Funds Available remains essentially unchanged, which was staff's goal due to the uncertainty in the real estate market going into 2010. In addition, in order to balance this budget, staff is recommending that the Road Fund payoff the loan to the RETT Fund for Snowmelt Road reconstruction. This put $569K back into the cash flow for this fund helping to offset the decrease in revenues. The variance columns in all three scenarios is the variance between the 2009 budget and each separate contingency plan. Attachment C details the RETT Revenues for each scenario, again, the most significant item is the decrease in Real Estate Transfer Tax at 60%, 75%or 85% down. Base Village revenues were also decreased based on updated projections from Related WestPac. Attachment D details the RETT Expenditures. Some of the major changes include decreases in bus purchases, transportation expenses and parks & recreation expenses. We are cutting two buses from the budget...one is a bus replacement and one is the Base Village expansion bus. The reductions in the Parks & Recreation Program include the following: Parks and Trails staffing is cut from 13 employees in 2008 to 6 employees in 2009; trail maintenance will be limited to correcting safety issues only; the Town will not be planting any new flowers in 2009 in any of the gardens; maintenance of the gardens(i.e. weed eating) will occur on a limited basis; Benedict Park and Homestead Garden will not receive any maintenance from the Town and will need to be maintained by the adjacent properties; and the Recreation Facility will only employ one front desk person instead of two. The only major capital project is the completion of the remaining 2008 expenditures for the Entryway for landscaping and tennis courts. Staff is currently operating under the 75% scenario. The only differences between the 75% scenario and the 85% scenario is cutting a bus, cutting traffic counters and a reduction in the costs for a bus stop. Road Fund: The Road Fund summary page (Attachment E) shows the 2009 revised budget changes based on the Road Fund paying back the loan from the RETT Fund and changes to both the revenues and expenditures. Attachment F shows the detail for both the revenues and expenditures. For the revenues, we are budgeting to receive additional occupancy assessments on Base Village that were originally budgeted to be received in 2008. We are awaiting payment from Related WestPac for the Base Village parking structure in the amount of$232,297. For the expenditures, we are budgeting for a decrease in the Transfer out to the General Fund due to a decrease in expenditures in the Road Division. Marketing and Special Events Fund: Although the Council supported the Marketing Fund to operate under the 15% contingency plan, the Marketing Department has been conservative with their spending and are operating closer to the 20% budget contingency plan. Therefore, the Marketing Fund summary(Attachment G), shows the 20% Contingency#1 plan and a new 20% Contingency#2 plan. The net change to the Fund Balance is a decrease of$2,000. The variance column on the summary page is the variance between Contingency#1 and Contingency#2. Group Sales Fund: Similar to the Marketing Fund, the Group Sales Fund (Attachment Hl has also been operating with a 20% budget contingency plan to date. For Group Sales, however, they have an increase in the 2008 Fund Balance that carries forward to 2009, as well as an increase in Bedford Lease Income and Hotel Co-op and are recommending increasing their expenditures in the'Contingency#2 budget to continue to push the marketing effort to bring in more groups to the Village. The variance column on the summary page is the variance between Contingency#1 and Contingency#2. FAB recommendation: The Financial Advisory Board met on May 6, 2009 and reviewed the above budgets and supports the budgets as presented and recommends that the 85%budget contingency plan for the RETT Fund be placed into effect immediately. In addition, the FAB also reviewed the Compensation and Benefit package and information for Town employees and supports the current payroll and benefits in place and recommends that staff hold off on any 2009 pay increases. Thru March `09 Tax Update: 08 Act to '09 Act 09 Act to '09 Contingency Town/Marketing Sales Tax 15.83%) 63% County Sales Tax 18.97%) 13%) Lodging Tax 18.74%) 1.57% Thru May 20, 2009 08 Act to '09 Act 109 Act to 109 Budget RETT Tax 80.23%) 72.44%) III. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends Council formally adopt (by Ordinance) the following budgets: General Fund— Hybrid #2 RETT Fund - 85% Contingency Plan Road Fund 2009 Revised Budget Marketing Fund - Contingency#2 Group Sales Fund - Contingency#2 NOTE: Line item detail printouts are available for Council upon request. TOWN OF SNOWMASS VILLAGE GENERAL FUND - BUDGET SUMMARY Nets: MiMS yarlansA figiwrs are Wfaw sbie zoos 2008 2008 2009 2009 2009 Hybrid' s 6UWAT SUMMARY REVISED ACNAL VARIANCE LR) WT Hybr4d# 3 Nybrw# 2 yar{ qIgg BE@RQN6 CARRYOVER S 4, 73OA58. 56 f 4, 730, 858% f 000) S 5, 473, 15536 $ 5. 473. 155. 56 $ 5, 994, 261. 56 $ 521, 106. 00 OP6UTIIY REVENUES 14, 369, 252. 00 f 14, 332, 749. 13 $ ( 36, 502, 57) f 14, 738, 020. 00 $ 1207, 97200 f 12, 641, 085. 00 $ ( 246) 587. 00) Gager Cmry9n- 1oeeuds Tow^ Nall paynwnts f f f S 90, 000. 00 $ 900W- 00 $ 90, 000, 80 S Save Vlg- Fer FIA- Operating Rerenuss 50. 710. 00 $ f ( 50, 71000) f 202, 838. 00 $ 202, 036. 00 $ 202, 838, 80 f 111— W9- Per FLA- Op— tieg EspeM f ( 38, 17300) $ 38J73. 00 f ( 152, 692. 00) $ ( 152, 692. 00) S ( 152, 69240) f OPERAT7NG EXPE OMRES S ( 13.18 0, 37100) $( 12, 843, 69103 336, 679. 97 .$ ( 11, 731, 793. 00) $ ( 13, 302, 240.. 00) $ 3, 7, 290 )_ - __ _ x 234, 941. 00 WT Opeg Rey' s/ Ep 1, 201_ 18. 00 $ 1,4! 9, 58. 10 f 8 , 0 S ( x56, 068. 00) $ ( 11, 94400) Cowal O." s f s f s N.r oplra7bg n..'./ Ee- wifb eaprw i 1. 201. 418: 00_ _ 1, 489. 038. 30 S ( 884, 081. 00) _ 146, 373. 00 - S _- Q74. I-ZZ — 00) 1194- 6- 00) TOWN HALL IMACTS TOWN HALL- ADDITIONAL COSTS S S Town HSI- Transfer Out- CIP( dwign) 177, 124. 00 f 252y40. 91 S 75, 516. 91 Tam Hall- A.V. costs/ moving earts/ FFE 175, 8136. 00) f ( 166, 328. 34) S 12. 557. 66 25, 000. 00) $ ( 25000. 00) ONE- TIME REVENUES ONE- TIME E) ENOITl1RES 6 CONSTRUCTN MIT 637, 359. 00) $ ( 491, 967. 67) f 145, 391. 33 S 46. 20 . 0 ) y ( 95, 00) $ o". 4800) s ( 61, 48 . 00) IBD00000 f 180, 00D. D0 90. 000. 00 f 90. 00000 $ NET Rt11EME/ EXP2NDUVRES S ( 459, 121. 00) S ( 225, 655. 10) f 233, 465. 90 S ( 366, 700. 00) f ( 8, 000. 00) $ ( 94, 488. 00) f ( 86, 488. 00) BJDINS CARRYOVER S 5, 473, 155. 56 f 5, 994, 261. 56 $ 52IJ06. 00 S 5, 252, 628. 56 $ 5, 191, 03336 f 5, 613, 705. 56 $ 422, 672. 00 BUDGET APPROPRIATIONS 2008 Zoos 200B 2009 2009 2009 Hybrid' s 13ESIGNATIONS/ RE5ERVES: REVIM ACTUAL VABidlKE PROPOSEID Hybrid 1 t* M02 varims INVENTORY 130. 000. 00 S 134, 393. 20 f 4, 393. 20 f 130. 000. 00 $ 130000. 00 f 130, 000. 00 f PREPAID EMNSES 50, 00D. 00 $ 65, 361. 32 S 15, 361. 32 f 50, 80000 $ 50. iW- 00 $ 50. 000. 00 $ EMERGENCYCONTIN6ENCY 291, 562. 00 S 340, 65318 S 49, 091. 28 f 291, 562. 00 $ 291, 562. 00 f 291,% 200 f CAPITAL EQUIP RESERVE S 399, 786. 00 $ 399, 786. 00 f f 47324400 $ 473244. 00 $ 473, 24400 f TOWN HALL COP- COUGAR CANYON S 540. 000. 00 $ 540. 00D. 00 $ S 63000D00 s 630. 000. 00 $ 630. 000. 00 . S COAAP PLAN RESERVE S S 61. 4118. 00 f 61, 488. 00 f f TOWN HALL RESERVE S 25, 000. 00 $ 25. 000. 00 f CONTINGENCY- 152 OF OPERATING REV 2. 162. 994. 30 S 2, 149, 912. 37 S ( 13, 081. 93) $ 2254. 628. 70 $ 1. 977, 12130 f 1. 940, 08845 $ ( 37, 033. 05) TOTAL APPROPRIATIONS: 3, 574, 342. 30 f 3, 716, 594. 17 f 142251. 57 f 3. 029, 434. 70 $ 3, 551, 927. 50 f 3, 514. 894. 45 $ ( 37033. 05) FUNDS AVAILABLE: f 1, 698. 613. 26 f 2 277, 667. 39 $ 375, 854. 13 f 1, 423, 393. 66 $ 1, 639, 106. 06 $ 2098, 811. 11 $ 459, 70505 FUND BALANCE S 5. 473, 155. 56 f 5, 994261. 56 $ 521. 106. OD f 5, 252, 828. 56 f 5, 191. 033. 56—$ 5. 613, 70536 f 422. 67200 A_ IR.. d W.. Me Wd W TOWN OF SNOWMASS VLJAGE REAL ESTATE TRANSFER TAX ra1.: r6....... t. ti9..+... a... m. BUDGET SUMMARY 2006 200! 2009 60% - -- -- - 7906 664 peytab e i>: SD 31061209 6006 75% finNiwrer Vp 06% 7inf4re. c. VM Kb CAR WOY91 6. 279. 496. 01 $ 0. 279. 1%. 01 0. 60 04. 219. 00. 01 $ 6, 92, 671. 99 $ 1, 762, 926. 96 $ 6. 762. 671. 99 $ 1, 262. 926. 98 $ 5. 92. 671. 99 41.] 62. 926. 96 Rsgstu 2. 171, 696. 60 $ 3. 142, 124. 67 0". 770. 131 $ 7, 001, 716. 00 $ 1. 226, 10. 60 ($ 1. 671. 916. 10) $ 927. 714. 27 ($ 2. 076. 601. 76) $ 671, 677. 26 ($ 2. 770. 036. 65) E 2. 711. 697. 60) ($ 1. 921. 676. 10) $ 97. 016. 60 ($ 3. 676. 392. 00) $ ( 7. 677. 912. 00) $ 17. 479. 60 $ ( 3, 132, 273. 09 $ 243. 119. 60 $ ( 3. 137. 676. 00) $ 97. 79. 60 Tr. W.. d- C. pOd n'.1. H. Fud 7. 796. 166. 0 ) ($ 4, 604, 405. 09) $ 992. 702. 91 ($ 97. 660. 00) $ ( 69. 600. 60) 0. 60 $ ( 433. 166. 60) $ 121. 96. 60 3 ( 413, 185. 9) $ 141. 617. 60 Tot W5- Lad." 133. 000. 00) ($ 113. 600. 09 0. 60 tom 0. 60 0. 60 0. 60 2. 00 0. 60 0. 60 2100 VMW- M FLA --- R4war.. 1. 009. 639. 00 $ 909, 411." ($ 166. x24. 40) $ 96. 272. 00 $ 310. 000. 60 ($ 29, 272. 00) 0 340. 000. 00 ( 3160. 272. 09 $ 00, 000. 00 ($ 19, 272. 09 91 VOsp- Ps PIA --- Ep tans., 0. 00 0. 60 0. 60 40. 00 0. 00 0. 00 0. 00 0. 00 0. 60 om YEAR END CARRYOVM 4. 219.% 6. 01 $ 6. 762. 671. 99 31. 362. 926. 98 $ 3. 719. 611. 01 $ 2. 096, 726. 9 ($ 162. 61x. 42) $ 2. 90. 626. 24 ($ 96. 712. 77) $ 3. 023. 426. 34 l$/%. 111. 67) AW" OA9. tfh. a 209 z006 2009 60% 7316 67106 YW Erd C.r'..... BEYf@€ 2 es6al 10FAW1h y31tDt_. ROGET 606 Carnrenar y 796 C* fftlh t[. vdmm 85% Y7f1le C6913m Eq*. mf Roux 702. 3%. 00 $ 762. 293. 00 0. 60 $ 7%. 229. 00 $ 790. 229. 00 0. 60 $ 790, 229. 60 0. 00 $ 790. 229. 00 0. 00 Vddd. Rgi. c. aor9 Ra 40. 00 $ 431. 000. 00 $ 431, 000. 00 0. 00 0. 00 0. 00 0. 0 0. 60 0. 00 0. 60 R7. r4A d PACOMMs 669. 062. 9 00, 062. 9 0. 00 $ 629. 002. 9 0. 00 (" 19. 062. 9) 0- 00 ($ 619. 09. 9) 0. 00 ($ 619. 662. 9) Ca04g. nq 2, 0M 000. 00 $ 2, 000, 000. 00 0. 00 $ 2. 000. 000. 60 $ 2. 000. 600. 60 0. 60 $ 2. 000. 600. 60 WOW $ 2, 600. 600. 60 0. 00 Fu ft AI. A Mb 6". 469. 43 $ 1. 600. 396. 41 $ 931. 926.% 210. 229. 43 20. 499. 79 76. 270. 16 $ 190, 59. 24 ($ 19. 630. 19) $ M. 197. 34 322, 967. 91 FUND 6AL41ME 1. 219. 946. 01 $ 5, 762, 671. 99 $ 1. 362. 926. 08 $ 7. 99. 541. 01 1 $ 3, 036. 726. 9 ($ 462. 92. 12) $ 2. M. SU. 241 ($ 6Y. 712. 77) $ 7. 023. 426. 31 ($ 4%. 114. 67) Poo RETi Revenues- 2009 2009 Adopted 8D% Description @sweet W% Contimencv Variance 75% Cordlneenw Vad aAance RETT Revenues S 2, 820, 369. 00 E 1, 048, 147. 60 S ( 1, 572, 221. 40) E 855, 092. 25 $ ( 1. 965, 278. 75) E 9305 . E 222• 3 • 3. 65 FTA- 5309 Grant S 201, 347. 00 142, 622. 00 $ 58, 725. 00) 142, 622. 00 $ 58, 725. 00) S 42 2. Interest lnoome 180, 000. 00 5138. 000. 00 S 44. 000. 001 f126. 000. 00 Si 154. 000. 001 TOTAL S 3, 001, 718. 00 $ 1, 328, 769. 60 $ ( 1, 674, 946. 40) S 923, 714. 25 $ ( 2, 078, 007. 75) f 85 877 35 S 2, 350 038. 8$) Base YOage Rev' s S 528, 272. 00 $ 340. 000. 00 $ ( 186 272. 00) $ 340, 000. 00 $ ( 188, 272. 00) GRAND TOTAL S 3, 529, 988. 00 S 1, 688, 769. 60 $ ( 1, 863, 218. 40) $ _ 1, 263, 714. 25 S_ ( 2, 268, 273. 75) S 891, 87 . 35 f ($ SS8, 31,y 0. 85) Ca RETT Expenditures- 2009 2009 Adopted 60% 75% 85% Description Budget 60% Continaencv Variance 75% Continuen Itarlance 85% Coutinnencv Variance Buses& Equipment 1, 379, 557. 00 $ 1, 810, 557. D0 $ 431, 000. 00 $ 1, 810, 557. 00 $ 431, 000. 00 $ 1, 527, 922. 00 $ 148, 365. 00 Transfer out- GF- Transp 463, 375. 00 $ 305. 856. 00 $ ( 157, 509. 00) $ 305, 866. 00 $ ( 157, 509. 00) $ 305, 866. 00 $ 157, 509. 00) Transfer out- GF- Land 024, 893. 00 $ 565, 247. 00 $ ( 259, 646. 00) $ 419. 519. 00 $ ( 405, 374. 00) $ 419, 519. 00 $ 405, 374. 00) Transportation Restrooms 20. 000. 00 $ 20, 000. 00 S 20, 000. 00 $ 20, 000. 00 $ Transferout- Pool/ RecCtr 611. 771. 00 $ 641, 993. 00 S 30, 222. 00 $ 562, 081. 00 $ ( 49, 690. 00) $ 562, 081. 00 $ 49, 690. 00) Parcel' C'- VideoSurveillance 12. 000. 00 $ S ( 12, 000. 00) $ 12, 000. 00) $ 12, 000. 00) Bus Expansion 303. 796. 00 $ S ( 303. 796. 00) $ 303, 796. 00) $ 303, 796. 00) Transit Office- Base VIg 20, 000. 00 $ 20, 000. 00 S 20, 000. 00 $ 20, 000. 00 $ Bus Depot- Announcement 5. 000. 00 $ 5, 000. 00) $ 5. 000. 00) $ 5, 000. 00) Trans- Radio Phone System 35. 000. 00 $ 35. 000. 00) $ 35, 000. 00) $ 35, 000. 00) Rodeo Improvements 40. 000. 00 40, 000. 00 40. 000. 00 Traffic Counter 12, 000. 00 $ 12, 000. 00 $ 12, 000. 00 $ 12, 000. 00 E ADD' L 2009 Trard out GF- Transp $ 242, 250. 00 $ 242, 250. 00 $ 242, 250. 00 $ 242, 250. 00 $ 242, 250. 00 $ 242, 250. 00 Sub- Total 3, 675, 392. 00 $ 3, 657, 913. 00 $ ( 57, 479. 00) I $ 3, 432, 273. 00 $ ( 283, 119. 00) $ 3, 137, 638. 00 $ 577, 754. 00) j Transfer out- CIP- Bus Stops 80. 000. 00 I $ 80, 000. 00 $ I $ 40, 000. 00 $ ( 40, 000. 00) $ 20, ODD. 00 $ 60, 000. 00) Transfer out- CIP- Entry Imp 425, 000. 00 $ 425, 000. 00 S 383, 485. 00 $ ( 61, 515. 00) $ 363, 485. 00 $ 61, 515. 00) Transfer out- CIP- Wood Road $ Transfer out- CIP- Trails 50. 000. 00 $ 50, 000. 00 $ 30. 000. 00 $ ( 20, 000. 00) $ 30. 000. 00 $ 20. 000. 00) Sub- Total 555, 000. 00 $ 555, 000. 00 S 433, 485. 00 $ ( 121, 515. 00), $ 413. 485. 00 $ 141, 515. 00) TOTAL 4, 230, 392. 00 $ 4, 212, 913. 00 $ ( 57, 479. 00) L$ 3, 865, 758. 00 S ( 404, 634_ 00). 551, 123. 00 $ 719, 289. 00) o. Paid off bon to RETT TOWN OF SNOWMASS VILLAGE ROAD MILL LEVY FUND Note: Mims wriame fi9cm we unfavorable BUDGET SUMMARY 2009 2008 2008 f 2009 DESCRIPTION REVrsEO ACTUAL VARIANCE BUDGET VARIANCE CARRYOVER 390. 908. 30) ($ 390. 908. 30) 0. 00 55, 911. 70 52, 489. 64) 108. 601. 34) REVEt6UE5 2, 860. 698. 00 $ 2, 603, 367, 62 237, 330. 38) $ 2, 872, 687. 00 $ 3, 117, 161. 00 244, 474. 00 Boca V41ags - F. vW' my Tax Rawnas 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 EXPENDITURES 2, 393. 878. 00) ($ 2, 264, 948. 96) 128, 929. 04 ($ 2, 903, 204. 0C4 $ ( 2, 626, 318. 00) 276. 886. 00 YEAR END CARRYOVER 55, 911. 70 52, 439. 64) ($ 108, 401. 34) 25, 394. 70 438, 353. 36 412, 958. 66 20D9 ApproprbHon fmo 2008 2008 2009 Year End Con vevar REVISED ACTUAL VARIANCE BUDGET asd VARIANCE SNOWMELT ROAD RESERVE 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 INTERFUNO PAYABLE 569. 082. 58) ($ 569. 082. 58) 0. 00 519, 062. 58) 0. 00 819, 082. 58 UNAPPROPRIATED RESERVE 624, 994. 28 536, 592. 94 108, 461. 36) 544, 477. 28 438, 353. 36 106, 123. 92) FUND BALANCE 55. 911. 70 52, 489. 64) ($ 100, 401. 34) 25, 394. 70 438. 353. 36 412, 958. 66 E . 2009 ROAD FUND 2009 2009 Revenues Budne M Variance Property Taxes 2, 576, 687. 00 $ 2, 576, 687. 00 $ Road Cut Permits Occupancy Assessments $ 275, 000. 00 $ 519, 474. 00 $ 244, 474. 00 Transfer in- RETT Fund Interest Income 21, 000. 00 $ 21, 000. 00 $ Total 2, 872, 687. 00 $ 3, 117, 161. 00 $ 244, 474. 00 2009 2009 Expenditures Bud- get M Variance Engineering 30, 000. 00 $ 30, 000. 00 $ Collection Fees 51, 533. 00 $ 51, 533. 00 $ Miscellaneous Transfer out- General Fund $ 2, 277, 947. 00 $ 2, 048, 565. 00 $ 229, 382. 00 Wayfinding Signs 55, 504. 00 $ 8, 000. 00 $ 47, 504. 00 Projects 488, 220. 00 $ 488, 220. 00 $ Total 2, 903, 204. 00 $ 2, 626, 318. 00 $ 276, 886. 00 SUMMARY Beginning Carryover 55, 911. 70 $ 52, 489. 64) $ ( 108, 401. 34) Revenue 2, 872, 687. 00 $ 3, 117, 161. 00 $ 244, 474. 00 Expenditures 2, 903, 204. 00) $ ( 2, 626, 318. 00) $ 276, 886. 00 Ending Carryover 25, 394. 70 $ 438, 353. 36 $ 412, 958. 66 F. TOWN OF SNOWMASS VILLAGE MARKETING AND SPECIAL EVENTS FUND BUDGET SUMMARY Note: Minus variance figures we unfavorabk 2008 2008 2009 2009 2009 DESCRIPTION REVISED Actud Variance BUDSE' r Cmtlnysncv# 1 Combo ncv# 2 VaH CARRYOVER 624, 698. 44 $ 624, 698. 44 0, 00 $ 442, 128. 44 $ 412, 128. 44 $ 433, 406. 22 ($ 8, 722. 22) REVENUES 3, 988, 646. 00 $ 3, 895, 648. 76 ($ 92, 997, 24) $ 3, 989, 884. 00 $ 3, 151, 607. 00 $ 3, 156, 607. 00 5, 000. 00 EXPENDUVRES 4. 171, 21600) ($ 4. 086, 940. 98) $ 84. 275. 02 ($ 4. 027, 020. 00) ($ 3, 272, 000. 00) ($ 3, 270, 00000) $ 2, 000. 00 FUND BALANCE 442, I26. 44 $ 433, 406. 22 ($ 8, 722. 22) $ 404, 992. 44 $ 321, 735. 44 $ 320, 013. 22 ($ 1, 722. 22) A" r Wotion from 2008 2008 2009 2009 2009 Year End Cortvever REVISED Actud BUDGET Contirotircv# 1 Contimercv# 2 Variance RESERVE( 10% of Revstues) $ 398, 864. 60 $ 389, 564. 88 ($ 9, 299. 72) $ 398, 988. 40 $ 315. 160. 70 $ 315, 660. 70 500. 00 VNAPPROPRIATEO RESERVE 43, 263. 84 $ 43, 841. 34 577. 50 6, 004. 04 6, 574. 74 4, 352. 52 ($ 2, 222. 22) FUND BALANCE 442, 128. 44 $ 433, 406. 22 ($ 8, 722. 22) 1 $ 404, 992. 441 $ 321, 735. 43 $ 320, 013. 22 ($ 1, 722. 22) V TOWN OF SNOWMASS VILLAGE GROUP SALES BUDGET BUDGET SUMMARY Note: Minus variance figures arc unfavorable 2008 2008 2009 2009 2009 DESCRIPTION REVISED Actml Vary BUD6ET Contioesnty 01 Cogimawy# 2 Variants CARRYOVER 296, 128. 61 $ 296, 128. 61 $ 0. 00) $ 330, 360. 61 $ 330, 360. 61 $ 563, 355. 90 $ 232, 995. 29 REVENUES 1, 382, 404. 00 $ 1, 377, 341. 01 $ ( 5, 062. 99) $ 1, 381, 760. 00 $ 1, 107, 708. 00 $ 1, 152, 708. 00 $ 45, 000. 00 EXPENDI71/ RES 1, 348172. 00) $ (], 110,]] 3. 72) $ 238, 058. 28 ($ 1, 451, 772. 00) ($ 1, 299, 772. 00) ($ 1, 499, 562. 00) $ ( 199, 790. 00) FUND BALANCE 330, 360. 61 $ 563, 355. 90 $ 232, 995. 29 $ 260, 348. 61 $ 138, 296. 61 $ 216, 501. 90 $ 78, 205. 29 Appropriation from 2008 2008 2009 2009 2009 Ysar Emd Carnrover REVISED Actual BUDGET Ca hnaenev# 1 Consimuna# 2 Variance RESERVE ( 10% of Revenues) 138, 240. 40 $ 137, 734. 10 $ ( 506. 30) $ 138, 176. 00 $ 130, 770. 80 $ 115, 270. 80 $ 4, 500. 00 UNAPPROPRIATED RESERVE 192, 120. 21 $ 425, 621. 80 $ 233, 501. 59 $ 122, 172. 61 $ 27, 525. 81 $ 101, 231. 10 $ 73, 705. 29 FUND BALANCE 330, 360. 61 $ 563, 355. 90 $ 232, 995. 29 $ 260, 348. 61 $ 138, 296. 61 $ 216, 501. 90 $ 78, 205. 29 MEMORANDUM TO: Snowmass Village Town Council FROM: Marianne Rakowski, Finance Director Russ Forrest, Town Manager DATE: June 1, 2009 SUBJECT: Ordinance No. 6, Series of 2009 Amending the 2009 Budget for the General Fund, Real Estate Transfer Tax Fund, Road Mill Levy Fund, Marketing and Special Events Fund and the Group Sales Fund for the Town of Snowmass Village 1.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: First Reading of an Ordinance amending the 2009 Budget for the above funds of the Town of Snowmass Village II. BACKGROUND Per the Home Rule Charter, the Town Council adopts the budget by resolution, but any amendments to the original budget must be by ordinance. This ordinance amends the above 2009 budgets and authorizes the appropriation of those funds. The Financial Advisory Board reviewed the budget on May 6, 2009 and recommends adoption of the 2009 revised budget. 2009 General Fund BUdeet Summary 2009 revised operating revenues are projected lower than budget by $2,096,935. The revised revenues reflect a decrease in sales tax revenues, building department fees, ski corporation contribution and transfer in— RETT Fund and Road Fund. 2009 revised operating expenditures are projected lower than budget by 1,664,494 as a result of lower fuel costs, utilities and vehicle parts and supplies and economic conditions. In addition, other expenditures were reduced by 272,212. The 2009 revised budget is projected to end the year with $5,613,706 in fund balance. III. STAFF RECOMMENDATION Adoption of Ordinance No. 6, Series of 2009. SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO.6 SERIES OF 2009 AN ORDINANCE AMENDING THE 2009 BUDGET FOR THE GENERAL FUND,REAL ESTATE TRANSFER TAX FUND, ROAD MILL LEVY FUND,MARKETING AND SPECIAL EVENTS FUND AND THE GROUP SALES FUND FOR THE TOWN OF SNOWMASS VILLAGE. WHEREAS,the Town Manager,has submitted a 2009 Revised Budget; and WHEREAS,the 2009 budget, revenues and expenditures have varied from budgeted amounts;and WHEREAS,sales tax revenues,building department fees,ski corporation contribution and transfers in from other funds are revised lower than budgeted and General Fund expenditures are revised lower due to economic conditions;and WHEREAS,the Town of Snowmass Village Home Rule Charter requires adjustments to the budget when circumstances change relating to the budget. NOW,THEREFORE,BE IT RESOLVED by the Town Council of the Town of Snowmass Village,Colorado: Section One: Revised Budeet That the Town of Snowmass Village 2009 budget be adjusted to the 2009 revised budget using the General Fund Hybrid#2,the Real Estate Transfer Tax-contingency budget, Road Fund revised budget,Marketing and Special Events 20%revised budget and the Group Sales 20%revised budget,a true and accurate copy of which is attached hereto. Section Two: Appropriation That the 2009 revised budgeted revenue is hereby appropriated for expenditure during the 2009 budget year. Section Three: Effective Date This Ordinance shall become effective upon adoption in accordance with Article X, Section 9.11 (e)of the Home Rule Charter. INTRODUCED,READ AND ADOPTED on first reading by the Town Council of Snowmass Village, Colorado on the 1 st day of June, 2009 with a motion made by and seconded by and by a vote of_in favor to_opposed. INTRODUCED, READ AND ADOPTED on second reading by the Town Council of Snowmass Village, Colorado on the 15th day of June,2009 with a motion made by and seconded by and by a vote of_in favor to_opposed. A roll call was taken,those in favor were those opposed were TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda Coxon,Town Clerk MEMORANDUM TO: Snowmass Village Town Council FROM: TOSV Marketing, Special Events & Group Sales Department DATE: JUNE 1, 2009 SUBJECT: PROPOSED CHANGE TO DEPARTMENT NAME STAFF: Susan Hamley, Director I.PURPOSE: The Town of Snowmass Village Marketing, Special Events and Group Sales Department" proposes to simplify its name to "Snowmass Tourism." When referring to the people that make up the department, "Snowmass Tourism Office" is suggested. II.DISCUSION ITEMS The current department name is extremely long, awkward and confusing to our industry partners and guests. It certainly doesn't fit on a trade show name badge! When others ask what it means, we state "tourism" for Snowmass Village, Colorado and they then instantly understand. The word "tourism" captures the total essence of what we do -- we are not an official CVB (Convention and Visitor's Bureau) or a Chamber-- and it is recognizable to the outside world. In branding, short and succinct is better, which is why we're suggested Snowmass Tourism versus Snowmass Village Tourism to be brief and consistent with the external tourism logo. Much like Colorado Tourism, Durango Tourism and Telluride Tourism, our goal is to refer to the department in a simplified, relevant and meaningful way. III. ACTION REQUESTED OF COUNCIL Proposed Options Include: Approve a name change to Snowmass Tourism Approve a name change to Snowmass Village Tourism Approve a name change to Snowmass Tourism for external purposes and retain The Town Of Snowmass Village Marketing, Special Events & Group Sales Department internally Approve the name change to Snowmass Tourism for external purposes and use Snowmass Village Tourism internally Keep the current department name IV. STAFF RECOMMENDATIONS AND FINDINGS Approve the name change to Snowmass Tourism to be consistent with the external logo. For reference: S N 0 W M A S S External: COLORADO SNOW MASS V11.1,ACP. Internal: C o L o R A D o The external logo uses just Snowmass with Colorado to give it a sense of place in the mountains. It is a marketing brand name, not geography or community the resort is always shown to be in Snowmass Village, Colorado and intro copy speaks to Snowmass Village, Colorado as the destination). Informal local and external research revealed it is a stronger name in a tourism sell than having Village in the resort brand name, and that Village can actually be a deterrent from a tourism standpoint. Snowmass Village is used locally and brings together the tourism aspect with the charm of the Village for people who are here. MEMO To: Town Council From: Russ Forrest, David Peckler, Susan Hamley,Lesley Compagnone,Jason Haber, Chris Conrad Date: June 1,2009 Re: Review Environmental Resources Chapter Update to the Comprehensive Plan 1.PURPOSE Council will review Chapter 6—Environmental Resources. The chapter was drafted by the Planning Commission to be concise and consistent with the format of the updated Comprehensive Plan. Council's review of the key elements of the chapter, Strategic Objectives, Background and Policies, is requested to complete the editing of the chapter. 2.TODAY'S REVIEW 1, Chapter 6: Environmental Resources: Focus on: Existing Environmental Conditions—This section is included in the Chapter 6 Appendix as a synopsis of the current state of the natural environment in Snowmass Village. It addresses the state of the following environmental components: Elevation, Slope, Aspect, Geology/Soils, Vegetation, Hydrology, Water & Sanitation, Wildlife, Open Space, and Environmental Sensitivity. Policies—There are 16 policy recommendations in the chapter. The policy recommendations directly support several of the goals outlined in the Town's Environmental Sustainability Plan, especially in the areas of Energy Conservation and Climate Change, Affordable Housing and Community-Serving Commercial, Land Use and Open Space, Water Supply and Watershed Water Quality, Resource Conservation, and Wildlife Habitat Protection. Of Note—The new policies address the community's recognition that the quality of our environmental resources is directly tied to the health of our citizens, our resort competitiveness, and our economy. They focus on the broad goal of ensuring the long-term stewardship of our natural environment, in order to ensure ongoing opportunities for residents and visitors to explore and enjoy the natural beauty of the area. Ignore—Any formatting functions such as bold text or highlights in the Policy section, which is not special in any way, but simply a matter of housekeeping and draft formatting clean-up. 3.PROPOSED REVIEW SCHEDULE April 20`h—Chapter 9: Housing (60 minutes) April 27`h—Chapter 8: Transportation (60 minutes) May 4`"—Chapter l: Comprehensive Planning Process and Chapter 2: Community Values and Vision (45 minutes) May 18`h—Chapter 8: Transportation (60 minutes) Junelst—Chapter 6: Environmental Resources June 15`h—Chapter 4: Regional and Community Economics June 29`h - Chapter 7: Built Environment (60 minutes) and Chapter 5: Community Services, Facilities and Amenities (30 minutes) July 6`h—Chapter 3: Community Arts (30 minutes) and Chapter 10: Actions and Implementation (60 minutes) 4. PREVIOUSLY REVIEWED CHAPTERS Red-lined versions of the following chapters are attached: Chapter 1 Introduction: The Comprehensive Planning Process Chapter 2 Community Character and Vision Chapter 8 Transportation Chapter 9 Workforce Housing These chapters include comments received during prior Council review, and are presented for verification as to whether staff has accurately captured your recommended edits. 1 Chapter 1 Introduction: The Comprehensive Planning Process 2 3 4 December, 2008) 5 6 The Town of Snowmass Village Comprehensive Plan articulates a common vision for the 7 future of the Town. The Plan balances community values and vision with policies for 8 land use, economics, environment, housing, transportation and the arts. Both short-term 9 and long-term actions are required to implement the Plan. The residents of, and visitors 10 I to, the Town of Snowmass Village are integral to the +replanning of the future of the 11 community. Our collective and individual responsibility is to work together to identify 12 common issues and needs and to pool resources in order to improve the community. 13 14 The Process 15 Just as with past planning documents, the ideas, concepts and input gained from planning 16 experts, technical professionals, the general public and others, contributed to this update 17 of the Comprehensive Plan. Public officials and citizens were interviewed and a series of 18 public meetings were held to gather the best information and most current ideas about the 19 Town's present condition and future opportunities. 20 21 The process began with stakeholder interviews with the following groups: 22 TOSV Planning Commission 23 Citizens for Snowmass Village & Citizens for Responsible Growth 24 community focus groups 25 Related Westpac and Chaffin Light 26 lodges and merchants 27 marketing/sales 28 The Aspen Skiing Company 29 Infrastructure and utility providers 30 Part-Time Residents Advisory Board 31 32 Topics discussed included: 33 Housing 34 Employment 35 Transportation 36 Services and infrastructure 37 Carrying capacity 38 Economics 39 Vitality 40 Community, character and culture 41 Growth and development 42 The Base Village, West Village and Village Center nodes 43 The environment 44 Process 45 Town of Snowmass Village Comprehensive Plan Chapter 1: Process December, 2008 Page 1 1 Town staff initiated the process with a presentation of the State of the Comprehensive 2 Plan to the Planning Commission. The report identified specific areas of concern to 3 address in the update. 4 5 Public meetings then followed: 6 Public Meeting#1 — Vision 7 Public Meeting #2— Values 8 Public Meeting #3 — Validate Vision and Values 9 Workshops —Specific to the redevelopment of the West Village 10 11 Common categories formed after these public meetings, they were assigned a chapter: 12 The Built Environment 13 The Natural Environment 14 Regional and Community Economics 15 Transportation 16 Housing 17 Arts and Culture 18 Facilities and Amenities 19 20 Policies 21 The Town of Snowmass Village shall: 22 23 Use the Comprehensive Plan as a regulatory document to guide Town elected 24 and appointed officials, staff, businesses, developers, property owners, and 25 other entities in implementing our goals and objectives. 26 27 Ensure that the Comprehensive Plan remains current and reflective of our 28 community values. 29 30 Ensure that implementation and updating of the Plan continues to be a 31 community-wide effort. 32 33 Provide opportunities for continued citizen involvement in implementation 34 decisions and in the land use planning process. The Plan will continue to 35 designate appropriate future land uses, activities and services, the protection 36 of the environment and the enhancement of the economy based on the 37 community's preferences. 38 39 Communicate and work with counties and municipalities in the region to 40 implement shared regional goals. 41 42 Authority 43 All municipal governments in the State of Colorado derive authority to enact land use 44 control measures from the general municipal authority granted in the Colorado 45 Constitution and by State Legislation. The specific authority for a statutory municipality Town of Snowmass Village Comprehensive Plan Chapter 1: Process December, 2008 Page 2 1 to plan and zone is contained in Title 31, Article 23, Colorado Revised Statutes (C.R.S.). 2 These statutes clearly specify the provisions pertaining to planning and zoning activities 3 for municipal governments and also extend to home rule municipalities. In addition, the 4 jurisdiction of the Comprehensive Plan, pursuant to §31-23-212, C.R.S., includes land 5 within three miles of the boundaries of the Town located in unincorporated areas of 6 Pitkin County. 7 8 As a Home Rule Municipality, the Town may enact legislation that conflicts with state 9 legislation provided that the Town's legislation is of a purely local concern. The authority 10 of the Snowmass Village Town Council to adopt a Master Plan arises specifically from 11 Section 1.7 of the Town of Snowmass Village Municipal Charter, which states, `The 12 council shall adopt and maintain a comprehensive master plan of the Town" 13 In addition, the Planning Commission is charged with conducting a review of the Plan 14 according to Code. Town of Snowmass Village Comprehensive Plan Chapter 1: Process December, 2008 Page 3 1 Chapter 2 Community Character and Vision 2 3 December,2008) 4 5 6 Introduction 7 Tucked high in the Brush Creek Valley, Snowmass Village is an extraordinary place to 8 live, work and visit. While creating this resort, the founders of the Town Snowmass 9 Village also created a strong community. The community's Comprehensive Plan, and the 10 land use code adopted to implement that plan, helps define parameters for decision 11 making and articulates a future vision. The characteristics described below are essential 12 to create and maintain the character of the community and provide for the quality of life 13 enjoyed by residents and guests alike. The principles embodied in these characteristics 14 were derived from direct public input, and are the foundation of this Comprehensive 15 Plan. 16 17 Aspiration Statement 18 "We aspire to be the leading multi-season, family-oriented inclusive mountain resort 19 community. We will do this by creating, marketing, and delivering distinctive choices for 20 fun, excitement, challenge, learning, and togetherness. All this is done amidst our 21 unique, natural splendor...as part of a memorable Aspen/Snowmass experience. 22 Further, we wish to be seen by others as welcoming, dynamic, convenient, and 23 successful. We will always be responsible stewards of our environment, economy, and 24 society. When successful, Snowmass Village will have achieved the quality of life and 25 economic vitality that will assure our future as a sustainable resort community." 26 27 Vision: Snowmass Village In 2025 28 If we are successful in reaching our Aspiration, in the year 2025 the Town of Snowmass 29 Village will be characterized as follows: 30 31 The Town of Snowmass Village possesses a high quality of life with an intimate village 32 atmosphere. The Snowmass Village resort community is one of the premier, multi- 33 seasonal family- oriented resorts in the world. First class programs and public facilities 34 have been developed to broaden the seasons, provide a high level of customer service, 35 I strengthen all business activity (especially locally-owned) provide community and visitor 36 amenities, and increase and diversify employment opportunities. It has done this while 37 maintaining a full-time residential community without exceeding its carrying capacity. 38 39 The completion of Base Village has successfully linked activity areas with pedestrian 40 trails and transit, and enhanced pedestrian connections to the Mall and the Snowmass 41 Center, The Center has expanded its role in meeting the convenience needs of the 42 community and guests. Development over the past 20 years has complemented and 43 even improved the resort and community, helped existing business, provided beneficial 44 recreational and cultural facilities, and added needed infrastructure. With the addition of 45 new, diverse commercial uses, more of the residential and visitor retail sales have been 46 captured in Snowmass Village. 47 48 improved transit services and parking facilities has reduced dependence on vehicles-the 49 ow and maintained adequate Levels of Service (LOS) on our roads. Our road system is 50 safe and efficient while remaining mostly rural in character. On entering and leaving 51 Snowmass Village, the understated, open feeling of the Brush Creek Valley continues to Town of Snowmass Village Comprehensive Plan Chapter 2:Community,Character and Vision December,2008 Page 1 1 be preserved and enhanced. At the entrance to Snowmass Village, parking facilities, 2 new housing, the recreation center and the rodeo grounds have been sensitively 3 integrated into the natural environment. 4 5 The Town aspires to provide housing to all full-time and seasonal employees, an --- Formatted:Indent;Left: O',Rrstiine: o^ 6 employees that service the Town of Snowmass Village, to the extent possible - as 7 defined in the Land Use and Development Code(LUDC)-who desire to live-in here with 8 requirements that can be reasonably met. The proximity of housing to jobs allows 9 employees to conveniently walk or use transit to commute to work. By providing as Pro- 10 active aggressive housing program, there is adequate housing thate supports a high 11 level of customer service throughout the community thereby reducing the burden on the 12 Town and area's transportation systems. 13 14 Formatted:Indent:Left: 0",First fine 0_ 15 Snowmass Village embraces sports and athletics which provide substance for the soul 16 of a community. Snowmass Village offers multiple sporting activities for all ages and 17 abilities and takes pride in its array of offerings. The Village provides facilities that 18 encourage athletic programs of all types and consistently hosts several world class 19 athletic events on a yearyly basis. 20 21 Snowmass Village is attractive to those seeking to enhance the mind, body and spirit, a 22 concept the Town recognizes as vital to nurturing the entire person.ir-edusaiinn -0f 23 special significance to this concept is the Town's Tv-he--visual and performing arts 24 community and programs, which continue to draw guests from around the world. Our 25 expanded year-round development of arts programs promotes cultural consciousness, 26 stimulates economic viability, and fosters a sense of community pride. Easy access to a 27 diversity of cultural offerings and institutions exemplify our arts programming. Our public 28 art program is an ongoing msansvehWo.for expression of the Village's character. 29 30 31 Challenges 32 The community is approaching buildout. This places a high priority on ensuring the 33 remaining development and redevelopment complement the existing conditions to 34 solidify the Town's sustainability and competitiveness far into the future. Carrying 35 capacity is limited by the transportation infrastructure which is also approaching 36 capacity. This challenge is magnified by the fact that a significant portion of our 37 workforce commutes from down valley. With increasing costs of commuting and 38 competition from down valley employers, we must provide workforce housing in, or 39 I closer to, Town. Another challenge is the fact that the Town captures only 38 percent 40 (RRC Associates, 2008) of potential expenditures of guests, many of whom stay in 41 Aspen or down valley at night. Maximizing the Town's economic capture rate (making 42 the economic engine more efficient) will help the community financially thrive within its 43 carrying capacity for growth. 44 45 46 Character and Goals 47 In response to these challenges,our key goals are to: 48 49 Live within the constraints of natural and man-made systems (eaviFeaFeeatand 50 Kaffir) Town of Snowmass Village Comprehensive Plan Chapter 2:Community,Character and Vision December,2008 Page 1 Maintain or create a multi-faceted workforce that is essential to sustain the resort 2 and community economy 3 Capture a greater share of guest and resident's expenditures, 4 Attract more guests/visitors, especially by broadening summer and strengthening 5 winter seasons 6 7 If we are successful in reaching our Aspiration and goals, by the year 2025 the Town 8 of Snowmass Village will be characterized as follows: 9 10 A premier winter sports mountain with a wide variety of terrain that attracts all 11 levels of sports enthusiasts 12 A resort that benefits from its proximity to Aspen, but has its own individual 13 identity 14 A strong connection to the natural environment 15 Stimulating iav#geratingatmosphere 16 Significant opportunities for a variety of recreational and cultural activities 17 A clustered, low density development pattern that allows for the physical and 18 visual openness and connection to the mountains to dominate valley views 19 A town core that has an intimate,village feel 20 A traffic system that allows convenient circulation and mobility 21 Physical separation from other communities that allows Snowmass Village to be 22 isolated in a dramatic valley setting 23 Friendly interactions with fellow community members and guests 24 The presence of a vital, permanent community of residents that take an active 25 role in, not only governance but value a participation in "community life" as a 26 whole. 27 A casual lifestyle 28 Town of Snowmass Village Comprehensive Plan Chapter 2:Community,Character and Vision December,2008 Page 3 I Chapter 8 Transportation 2 3 January,2009) 4 Strategic Objectives 5 The Town of Snowmass Village supports continued improvements to an integrated 6 mobility system that minimizes vehicle traffic, increases pedestrian options and links 7 land use and urban form with sustainable transportation. The goal is a transportation 8 system that serves residents, guests, employees and visitors quickly and effectively with 9 minimum impacts on the quality of life. 10 11 The Town of Snowmass Village shall be served by convenient, effective and attractive 12 transit service between local commercial and residential nodes, and work with the 13 Roaring Fork Transportation Authority(RFTA) to improve transit services throughout the 14 greater Roaring Fork Valley. A major objective for the community will be to minimize 15 increases in single-occupant vehicle (SOV) use and to increase the use of transit, 16 pedestrian, and other non-SOV modes of travel in the town. Sustainable land use, 17 urban design and employee housing strategies that create vibrant, mixed-use nodes that 18 encourage walking and transit use are design elements for achieving these goals. 19 20 Background 21 Traffic is the significant carrying capacity limit to the town's growth and continued 22 success. Recognizing that approved development will push traffic up to, or beyond, 23 maximum desirable levels, future development must address traffic in their land use 24 decisions to not increase current levels.The transportation issues we face today and into 25 the near future include: 26 27 Local roadways will exceed previously established Levels of Service (LOS) 28 thresholds during peak periods while congestion exists on Highway 82 for even 29 longer periods, 30 The current local and regional transit systems are approaching peak period 31 capacity, 32 Remote parking lots are at or exceed capacity during peak days of peak season, 33 and 34 More designated pedestrian commuting means and walkways —sammuting- 35 ire needed (topography&other constraints aside), and grade 36 separated crossings when feasible. 37 38 Existing Conditions&Guiding Principles 39 (Note—An extensive 13-page document addresses these areas in greater depth, with 40 accompanying charts, graphs, statistics and research findings. It can be found in 41 Appendix #. The following is a synopsis of the Existing Conditions and Areas of 42 Significance information.) 43 44 1. Measurement of "Person Trips:" Create a useful tool to measure and 45 understand the ramifications of (re)development on the transportation system. It 46 is important to understand the future impacts of (re)development on all the 47 various modes of travel. Modeling of "person trips will not replace the LOS 48 measurements of traffic volume, but would incorporate LOS standards for the 49 other modes of transportation as well. We are approaching critical mass in the Town of Snowmass Village Comprehensive Plan Chapter 8:Transportation January,2009 Pagel 1 three current key transportation areas: parking, traffic and mass transit. It is 2 becoming difficult to make changes in one area without having a negative impact 3 on another. For example, it is possible to say that no employees of a 4 re)development will be parking in the Village. This would have a favorable 5 impact on traffic volume, but it could have a negative impact on parking in 6 another location and add to the demand for transit services. It iswill be important 7 to know that adequate capacity and funding exists to accommodate and support 8 the (re)development. It is 9 necessaryPuFtheF study r needed to develop review standards and mitigation 10 measures that will be reasonable,consistent and applicable. 11 2. Traffic Volume: In the review of Base Village it was stated that the"Cumulative 12 total of future projected traffic, including the Base Village and other outparcel's 13 traffic projections at full build out indicate that one-way peak hour volumes along 14 Brush Creek Road are projected to exceed the Town's established limits." It was 15 projected that the cap of 925 one-way trips would be exceeded roughly 15-20 16 times, at approximately 1,145 one-way trips. This would be considered LOS D. 17 LOS D is described as being congested to the point of "approaching gridlock." It 18 is important to note that this is projected to occur on 15-20 times in the peak 19 season. The Transportation Plan recommends the community continue to apply 20 Transportation Demand Management (TDM) and alternatives to strive to 21 preserve the LOS C standard of 925 into the future. Alternatives that are realistic 22 and financially sustainable will need to be developed to achieve this goal. It is 23 recommended to continually monitor the traffic volume on Brush Creek and any 24 other locations deemed appropriate. 25 3. Parking Inventory and Distribution:The Base Village land use application and 26 Entryway projects have changed the parking inventory in the Village. 27 Development upon the base area lots A-C will result in a parking structure 28 containing public parking with the capacity in the AM peak hour for 200 day 29 skiers and 175 commercial parking spaces. Adding this to the 1,000 parking 30 spaces in the Numbered lots results in 1,375 public parking spaces above the 31 Wooden Skier Bridge. This is an increase of 175 parking spaces over the 1,200 32 spaces recommended in the original Comprehensive Plan. This increase in 33 parking would not have a significant impact on the LOS on Brush Creek Road. 34 The Entryway project is designed to have 325 surface parking spaces upon 35 completion. 36 37 600 parleiag s. a 6. The 1998, and in this updated Comprehensive Plan-had 38 recommendsed 650 parking spaces at the Entryway site_-$he deGk ng over of 39 40 esrasnun ty. Alternatives to providing the 650 parking spaces or more as may be 41 necessary in order to fulfill the demand. This will require further solutions that will 42 require future study. will most likely push parking further from the community. 43 This will have impacts on other jurisdictions and the regional transit services. 44 4. Transit Carrying Capacity: The existing regional and local transit services are 45 reaching their carrying capacity in the AM and PM peak hours. The local service 46 Village Shuttle) is operating at 6,000-7,000 passengers a day during peak 47 periods. The regional services (RFTA) are at 2,500 - 3,000 for valley wide 48 services and 3,500-4,000 for day skier services. The existing facilities for both Town of Snowmass Village Comprehensive Plan Chapter 8:Transportation January,2009 Page 2 1 regional and local transit services are at their practical limits in the peak periods 2 for both bus bays and queuing space for passengers. To make significant 3 increases in the carrying capacity of transit services will require investments in 4 infrastructure, rolling stock and personnel. The original Comp Plan and the Base 5 Village land use submission both contemplated a redeveloped Mall area with a 6 transit station. This was tied directly to the Bi-Nodal commercial goal stated in 7 both studies. If redevelopment of the West Village and the reconfiguration for the 8 existing transit facilities are put off significantly into the future, then interim 9 solutions may be necessary to continue quality transit services. 10 5. Alternative Technologies: Cable technologies, aerial guide ways and 11 pedestrian improvements have been incorporated into the Base Village 12 development plan to help mitigate traffic impacts. Evaluation studies are 13 launched to examine and monitor overall success of these alternative 14 technologies. Long range planning that preserves corridors for alternatives are 15 still recommended in the Transportation Plan. We should preserve these 16 corridors and do this throughout the entire Village. 17 Policies 18 The Town Snowmass Village shall: 19 20 Measure transportation performance in the context of "person trips," rather than 21 only in vehicle trips. It has become increasingly clear that using a roadway/car- 22 based LOS metric leads to roadway-based mitigation measures. Given current 23 realities, this creates a conflict with the community vision for a "rural" Brush 24 Creek Road. Shifting the metric to"person trips"allows a more complete context 25 of moving people through town,and expands the toolkit of strategies to use. This 26 approach allows for new development only by mitigating traffic through other 27 strategies:; such as, remote/intercept parking, parking- fen a lieu/shared use 28 measures, transportation demand management strategies, mixed land uses. on- 29 site employee housing, attractive pedestrian environments, and other measures 30 I to address traffic. The afneunt of devolepffleml,thefeleFe, 'a fe6tfiotod by!he Bee! 31 ofA4e-wAi9atien—This involves measuring the use (volume/ridership) of each 32 travel mode, the capacity or availability of each mode, and the associated costs 33 of expanding each mode. 34 35 Require new development and redevelopment to project the number of "person 36 trips" generated by their application, and present alternatives that strive to 37 achieve a zero growth rate in traffic volume in the peak periods. The approach 38 must be realistic and not overtax any one of the components of the overall 39 transportation system. Developers are to demonstrate how alternative modes of 40 transportation will be encouraged through traffic mitigation such as: 41 42 o Design and configuration of the development or redevelopment 43 o Amenities 44 o Roadway design 45 o Parking (on site and/or off site) 46 o Transit 47 o Staggering employment and service shifts and find creative staffing"---- NomatteU:Bullets and Numbering 48 solutions Town of Snowmass Village Comprehensive Plan Chapter 8:Transportation January,2009 Page 3 1 o Pedestrian corridors 2 o Alternative mobility devicees(Gondolas, independent two-way escalators, 3 etc) 4 o Additional employee housing in town 5 o Funding or construction of intercept parking 6 I o Long-term commitment to a lodging community shuttle service pFivate 7 that complements the public system 8 o Contribution to a mass transit system 9 o Find creative alternatives to transportation funding including. but not---- Formatted:Bullets and NUnnbe; 10 limited to transit mitigation impact fees that could be out into a trust 11 possibly utilizing the interest to subsidize operating and maintenance 12 costs. 13 14 15 Uphold the following performance standards as a base line for measuring the 16 impact of future development: 17 18 o Upper Brush Creek Road (above Woodbridge): no significant (equal 19 or greater than five percent of current PM peak hour, peak direction 20 phpd) roadway traffic) net increase in vehiclevebisle trips during the PM 21 peak travel period (3:00 to 5:00 pm) 22 o Lower Brush Creek Road(below Woodbridge): maintain existing LOS 23 standard/threshold of 925 peak hour, peak direction(phpd)trips 24 o Owl Creek Road: maintain existing LOS standard/threshold of 650 peak 25 hour, peak direction jphpd); 26 o Intersections: maintain existing LOS C standard/threshold 27 o Non-auto travel modes (for example: walking, busses): —monitor 28 usage and capacity to ensure that capacity is not to exceed more than the 29 10 busiest days of peak season 30 31 Comprehensively link land use/employee housing decisions with mobility options. 32 Increase the availability of affordable housing in the town core to reduce 33 workforce commuting along Brush Creek Road. 34 35 Address future parking needs primarily through off-site parking and fan in l eu 36 programs, limiting the amount of new on-site parking provided in town. Require 37 development to provide adequate parking per the Land Use Code but at a Town 38 approved location that does not cause a net increase of vehicles on the critical 39 sections of Brush Creek Road during peak hours. Parking may be built off-site 40 with proven ability to move people from the parking lots to the town core and 41 base of the ski area. Additional parking may be allowed in Two Creeks Lot, the 42 Rodeo Lot or other town approved location if parking offsets traffic volume on 43 Brush Creek Road. 44 45 Maintain a maximum of 1,375 spaces for public parking in the town core(1,000 in 46 the Numbered Lots and 375 in Base Village). Make space at Two Creeks and 47 the Rodeo Lot available for day skier parking and limit 200 of the 1,375 spaces in 48 the Town Core to day skier parking. Continue to ensure that the objective of 49 achieving 85 percent utilization of day parking through pricing (Ordinance 49 50 series of 1994) remains in balance with this plan's goal to control traffic volumes 51 within the community. Town of Snowmass Village Comprehensive Plan Chapter 8:Transportation January,2009 Page 4 1 2 For exist ng multi-family development, increase the use of mass transit in the 3 Brush Creek corridor to reduce individual automobile use. The use of personal 4 vehicles may be lessened by providing effective transit, intercept parking, traffic 5 demand management, courtesy van service, enhanced pedestrian/bicycle 6 opportunities, and improved amenities such as ski lockers near transit stations. 7 8 Develop a fully integrated commuter-oriented trail, bike and pedestrian system 9 for year-rounder use that connects to regional trail systems and 10 transit stops. 11 12 Work with RFTA, Aspen Skiing Company and other transportation stakeholders 13 to provide an integrated premium mass transit system for the Roaring Fork 14 Valley. 15 16 Maintain the "village feel" and character of Brush Creek Road from Highway 82 17 to the town core, but plan for future premium transportation technologies in the 18 Brush Creek corridor. 19 20 Develop seamless transportation links between Base Village, Snowmass Center 21 and West Village so guests and workers will be able to travel back and forth 22 without cars. Ensure that the capacity and speed will meet expectations. 23 24 I Reduce conflicts between pedestrians, buses and delivery services. Encourage 25 limited and operationally functional underground parking and/or underground 26 service and delivery in the West Village. 27 28 Support and encourage the use of alternative fuels in all Town-ewned vehicles. Town of Snowmass Village Comprehensive Plan Chapter 8:Transportation January,2009 Page 5 I Chapter 9 Workforce Housing 2 3 January, 2009) 4 5 Strategic Objectives 6 The Town of Snowmass Village, as a resort community, considers the provision of affordable 7 employee housing (workforce housing) to be a critical element of our success. We aspire to 8 provide such housing to all full-time employees - as defined in the Land Use and Development 9 Code (LUDC) — who desire to live in Town with requirements that can be reasonably met. 10 Achieving this objective will assure an adequate workforce, create a diverse, vibrant community 11 and lessen the environmental impacts. 12 13 Background 14 The Town of Snowmass Village has historically been a leader in providing workforce housing for 15 employees. However, the demand for affordable housing remains a pressing issue in 16 Snowmass Villace and the region.The median income of a three-person household in the Town 17 of Snowmass Village was $87,800. This income, based on a 2008 housing study from RAC 18 Associates, can afford a home valued at approximately$350,000. The median sales price of a 19 free market single-family home in Snowmass Village in 2007 was$3.96 million and$950,000 for 20 I a multi-family unit(Coates, Reid,and Waldron, 2007): Resort communities including Snowmass21Villagehaveincreasinglyfoundtheissueofworkforcehousingchallengingconsideringthe 22 income levels supported by the resort service industry and the escalating price of free market 23 housing. The Town of Snowmass Village and Aspen have historically depended on employees 24 finding affordable housing down valley(Basalt to Rifle). However, with the oil and gas industry 25 in the area growing at a rapid pace, employees are finding jobs closer to home. In addition, 26 home values from Rifle to Snowmass Village are now out of reach for many service employees. 27 Maintaining both a quality work force, and a strong community, has required an aggressive 26 housing policy and these needs have only grown with additional job opportunities up and down 29 the Roaring Fork Valley. 30 31 It should be recognized that there are cycles in the labor and housing market. The policies 32 reflected in this chapter reflect long-term observations and trends in the labor and housing 33 market in Snowmass Village. 34 35 Existing Conditions and Guiding Principles 36 The critical issues associated with workforce housing include: 37 38 Total Jobs: In 2007 and 2008, RRC Associates was hired to determine how many 39 jobs and employees exist in Snowmass Village and where they live. They were also 40 asked to evaluate how many jobs Snowmass businesses generated. RRC concluded 41 that in the winter(06/07)there were 3,914 peak winter jobs and 2,474 summer jobs. 42 Each employee, on average, works 1.35 jobs in the winter and 1.3 jobs in the 43 summer (See Table 1). Based on the number of jobs in the Town of Snowmass 44 Village, there are 2,900. employees in the winter and 1,903 employees in the 45 summer. Based on the information in Table 2 there appears to be 1,740 full time 46 year round employees working in the Town of Snowmass Village. 47 48 Town of Snowmass Village Comprehensive Plan Chapter 9:Workforce Housing January,2009 Page 1 2 Table 1: Current makeup of lobs/workers Winter 2006/07 Summer 2006 Year-round jobs 1,659 42.4% 1,659 67.0% Seasonal lobs Z256 57.6% 815 33.0% Total jobs 3,914 100.0% 2,474 100.0% Average iobs/worker 1.35 1.3 Employed persons 2,900 1,903 3 Source:Colorado Dept. of Labor and Employment OCEW employer address files;2008 4 I TOSV Employee Housing survey by RRC Associates.Seasonal employees represent 5 40%of total employees. 6 7 Historical Policy: Over the history of Snowmass Village,housing goals and polices 8 have fluctuated. The 1998 Comprehensive Plan stated policy was to house 60 9 percent of Snowmass Village employees. In addition,the 1998 Plan included a 10 policy to"increase employee housing mitigation requirements for developers so that 11 they mitigate 100 percent of their housing impact."The Land Use Code in 2008 12 requires that developers provide housing for 45 percent of new employees generated 13 from a project. 14 Where Employees Live: Table 2 summarizes where Snowmass Village employees 15 live.Of note,49 percent or 852 people of Snowmass Village's full time(work summer 16 and winter)employees(1,740 people)live within Town. Of the roughly 2,900 17 persons employed in Snowmass Village in the winter,approximately 1,100(39 18 percent)are Snowmass Village residents,while approximately 1,800(61 percent) 19 commute from elsewhere.). This adds significantly to the daily traff ic volume on 20 Brush Creek Road. It also should be noted that 23 percent of workers that live in 21 Snowmass Village in the winter out-commute to other communities such as Aspen. 22 If hypothetically,all these out-commuters worked in Snowmass Village,the Town 23 would house 50 percent of its total winter peak season workers. 24 Table 2:Summarizing Where Employees Currently Live 25 EMPLOYEES WORKING IN SV IN WINTER Work In SV In TOTAL work In BOTH winter Work In SV In Sy In wlote aunanner winter ONLY w Live in TOSV 1,118 862 267 f Live elsewhere z Total 2,980 1,748 1,168 i pvein TOSV 39R 49°:20°e 4is 3.li4 Li n ate/1000A 100 p'100°'e 26 Source: Colorado Dept. of Labor and Employment OCEW employer address files; 2008 27 TOSV Employee Housing Surveys by RRC Associates. Town of Snowmass Village Comprehensive Plan Chapter 9:Workforce Housing January,2009 Page 2 1 2 Regional Housing: In the last 10 years, housing prices have risen sharply in down 3 valley communities. The average single-family home sales price has risen from just 4 above $200,000 to over$500,000 in both Glenwood Springs and Carbondale. Even 5 in traditionally affordable locations such a Rifle and New Castle home prices can be 6 out of reach for many employees. The average single-family homes sales price in 7 2007 was $301,739 and $372,000 respectively (Garfield County Assessors Office, 8 2007). 9 10 Housing Supply: Current housing supply is summarized in Table 3. Approximately 11 1,453 employees are housed in 563 restricted units (either by deed or zoning) and 12 360 non-restricted units (free market homes and dwelling units provided by 13 employers). It is difficult to determine how many units are occupied by seasonal 14 versus full time employees, and it should be noted that some households contain 15 both residents who work in Snowmass on a seasonal basis and residents who work 16 in Snowmass Village on a full-time year-round basis. However, it is estimated that 17 most of the Aspen Skiing Company units(68 units/154 employees), and some of the 18 dedicated units by lodging (150 units/179 employees) are utilized by seasonal 19 employees. This roughly equates to minimum of 23 percent of the total occupied 20 employee housing stock being occupied by primarily seasonal employees.The Town 21 has historically focused on providing housing to full time employees. 22 23 Table 3:Housing Supply- Employee Units in the Town of Snowmass Village 24 25 Pmcent of S residen Total amplayeas amplayeas Housing units bound hound EMPLOYEE HOUSING UNITS IN TOSV: TOSV Housing Office units 374 558 38 Count/deed restricted(Fairway 3) 30 48 3 Other restricted(e.g.by zoning) 35 45 3 Accessory Employee Units 7 7 Accessary caretaker units 43 43 3 sldoo restricted(Chile Commons) Se 154 11 Dedicated but not restricted mostly Iodaesi is in in Total a8ordable/employee units 713 1,034 71 FREE-MARKET UNITS IN TOSV: Ffee-anarluet TOTAL UNITS HOUSING EMPLOYEES IN TOSV 923 1,453 1 HOUSING UNITS OUTSIDE OF TOSV 890 1,780 n/a GRANOTOTAL 1,8131 3,2331 Ne 26 27 Source: Town of Snowmass Village housing records;Dec.2007 State of Snowmass; 5V 28 employee surveys; RRC 29 30 Town of Snowmass Village Comprehensive Plan Chapter 9:Workforce Housing January,2009 Page 3 1 Housing Demand in 2008: Based on the 2008 Snowmass Village employee 2 housing survey conducted by RRC Associates, of the 887 full time year round 3 employees that commute to Snowmass Village,approximately 33 percent are renters 4 who would prefer to live closer to work. Assuming 2 workers per household, this 5 yields a demand for approximately 146 units, of which all would need to be 6 subsidized. The potential demand for the peak number of 1,780 commuters (887 7 year round+893 winter seasonal employees)using the same methodology would be 8 294 units. Additionally, approximately 50 employee-housing units would be needed 9 to accommodate unmet housing demand associated with unfilled jobs in the winter. 10 Demand from unfilled jobs may or may not to be added into our demand forecast, 11 since this may reflect typical unemployment in the Village. It is estimated that 164 12 full time year round employees would like to live in Snowmass Village. Another 13 indicator on current demand is that the Town of Snowmass Village Housing 14 Department in December of 2008 had the following wait list for deed restricted 15 housing: 80 people for studio unit; 86 people for a 1 Bedroom; 60 people for a 2 16 bedroom, and 3 people for a 3 bedroom. 17 18 Table 4:Housing Demand Persons Total persons working In TOSV Persons working working In In both winter&in TOSV in wintat TOSV in affinter summ on! DEMAND ASSOCIATED WITH IN-COMMUTERS: In oorn nute s 1,780 697 893 in m I of in-commuters who rent d prefer to ING desur to Y 598 293 295 Housing uNts contended by inm nnutsrs 296 146 147 DEMAND ASSOCIATED WITH UNFILLED JOBS: Unfilled jobs In TOSV 136 48 Be Average jobs per worker 1.35 1.35 1.35 d Houski units required to fi9unflled lots 50 18 33 OTAL HOUSING UNITS DEMANDED: 1 344 164 180 19 Source:2008 TOSVSV employer and employee surveys; RRC Associates 20 21 22 RRC Associates was asked to project future housing demand for both full time and 23 seasonal employees. It should be noted that this prediction may reflect a worst case 24 scenario based on market forces for future demand of housing and assumes the 25 town does not implement polices to prevent the erosion of housing. The following 26 predictions do not include new development at the Center or West Village. They 27 made the following predictions: 28 29 30 31 32 Town of Snowmass Village Comprehensive Plan Chapter 9:Workforce Housing January,2009 Page 4 2 3 Table 5:Future Housing Demand Forecast 4 Units Assumption 164 Current unmet demand for housing in Snowmass Village of full time employees See Table 4 189 90%of free market units occupied by full time employees would be lost over time. 85 Dedicated unrestricted housing scattered through Snowmass Village if lost Assume 100%seasonal) 36 Potential loss of 28%of owner occupied for-sale TOSV housing from retirement 474 Total demand for units assuming 2 employees per unit. 5 6 Policies 7 The Town of Snowmass Village shall: 8 9 The Town of Snowmass Village shall, as its primary housing goal, provide housing for 10 7066 percent of the full-time year round employees (60 percent of total employees). 11 Recent studies of historical patterns (RRC 2008 and Pathways 2003) indicate that 50 12 percent of our current full-time employees live in the Village and an additional 10 percent 13 wish to do so under reasonable requirements.This suggests a total apparent demand of 14 60 percent. Full time employees represent 60% of total employees. An additional 106 15 percent is added to the mitigation ratio in response to forecasted changes in the future 16 environment. These changes foresee reduced affordability of"down valley"alternatives, 17 increased cost and inconvenience of commuting, retired employee residency and a 18 reduced contribution of Town free-market employee housing. 19 20 The Town Of 9149WH96166 Village shall Eestablish as a secondary goal to provide housing 21 to seasonal employees. This inventory could be allocated, on a priority basis, to small 22 Town businesses(as defined in the Land Use and Development Code bUDG), which are___- Formatted:Not Highlight 23 owned and operated by Snowmass Village residents. However, it is recognized that 24 such projects would be a lower priority within the Town's housing program and 25 addressed only after the primary goal has been achieved. 26 27 WORK ON STRUCTURE. Rrequire private 28 developers to provide housing for M66 percent of total employees generated by a 29 development. Mitigation housing should first be provided to full time employees 30 generated by a new development and thenThe mitigated housing Ahnuld first he 31 at the 32 discretion of the Town, for seasonal employees genepated by now dayelepFRK14 33 emnloyees.. , Formatted:Not Highlight 34 Town of Snowmass Village Comprehensive Plan Chapter 9:Workforce Housing January,2009 Page 5 1 The developer should provide the land for affordable housing and shall maximize (on 2 sites deemed suitable by the Town) the location of affordable housing on the 3 development site. If physical constraints (in the Town's opinion) limit the location of 4 housing on the development site, affordable housing required by developers should be 5 located either within walking distance of the development site or located to minimize the 6 use of commuting in personal vehicles. 7 8 The-Sewn-shall Eensure that employees are housed in close proximity to transportation 9 nodes to minimize vehicular traffic and the demand for parking for affordable housing 10 projects. In addition, the Town shall explore design alternatives for auto-free employee 11 housing. 12 13 The-Tewa-shall-Ddevelop policies and actions to maximize the long-term efficiency of its 14 housing stock- Town of Snowmass Village shall implement actions to provide 15 housing for retiring homeowners in deed restricted housing to maximize the efficiency of 16 larger deed restricted homes. In addition,the Town shall develop programs to incentivize 17 free market employee occupied housing from being lost from the employee housing 18 supply. 19 20 Eneourage-and-faGiRal there---- Formatted:Bullets and Numbering 21 22 gap if RRY I36lWeeA axis!Ag full lime employee demand Bind GwrFent supply. 23 24 When appropriate, wWork regionally, in partnership with other public and private entities, 25 to bring about a wide variety of affordable housing types,sizes and price ranges to serve 26 the needs of all employees, including those that choose to live outside of town limits. 27 Regional housing solutions should focus on sites that have close pedestrian access to 28 mass transportation. Increasing density around transportation nodes (transit oriented 29 development) to maximize housing at transportation nodes regionally, should be 30 encouraged and complement RFTA's Bus Rapid Transit program. 31 32 Emview and assess housing 33 needs for both full-time and seasonal employees every 3 to 4 Years, to ensure housing 34 supply is meeting demand for full time year round employees. 35 36 Award higher priority in the tenure-based housing lonery process and consider•-- Formatted:idenr.Left: o.zs,aleed+ 37 increased housing mitigation requirements of developers, in order to accommodate Level:I,Aligned at: 0.75'+Tab after: I-+ 38 housing needs of regional employees of districts and/or entities that provide services the Indent at: 1,Tab stops: 0.5-,List tab+Not at I' 39 Snowmass Village community. 40 for-eritieal-Snowma66-Village-arid-eseentiaF-regienal3erviee-providers HN-6ANGUAGE-- Formatted:Bullets and Numbering 41 WE-A Formatted:trident:Left: 0.25" 42 43 44 1 e r ge 45 se rataaaity. 46 47 Support energy efficient housing. 48 Town of Snowmass Village Comprehensive Plan Chapter 9:Workforce Housing January,2009 Page 6 1 Long-term affordability needs to be maintained on deed restricted units that are 2 integrated with free market units when considering a new condominium development. 3 The economic effect created by potential assessments, both common and special, 4 should be considered, as they would affect the long-term affordability of the employee 5 units. Town of Snowmass Village Comprehensive Plan Chapter 9:Workforce Housing January,2009 Page 7 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: June 1, 2009 SUBJECT: Extension of Development Moratorium I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: First Reading of an Ordinance extending the moratorium for six months to December 31, 2009. H. SUMMARY OF PROJECT The moratorium expires on June 30, 2009 but it appears that the Comp plan review and Code review will not be complete by that date. Council may extend the moratorium by a duly adopted ordinance. III. BACKGROUND A. Ordinance 21 of 2007 enacted the moratorium. B. Ordinance 5 of 2008 extended the moratorium to July 31, 2008. C. Ordinance 10 of 2008 extended the moratorium to December 31, 2008. D. Ordinance 16 of 2008 extended the moratorium to June 30, 2009 IV. APPLICABLE REGULATIONS n/a V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV extend the moratorium to allow time to complete the review of the comp plan and Code? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council discuss and determine the course of action of this Ordinance at First Reading June 1, 2009. Staff feels that six months is sufficient time to complete the work ahead on the comp plan and possible Code revisions. Options include: approve, amend or deny at First Reading. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 7 SERIES OF 2009 AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING DEVELOPMENT APPROVAL FOR REAL PROPERTY LOCATED IN THE WEST VILLAGE COMPREHENSIVELY PLANNED AREA AND FARAWAY RANCH NORTH COMPREHENSIVELY PLANNED AREA FOR A PERIOD OF SIX MONTHS WHEREAS, the Town of Snowmass Village has undertaken a targeted review and update of the Comprehensive Plan; and WHEREAS, the review and update of the Comprehensive Plan is targeted in order to comprehensively plan for the remaining commercial areas of the Town and review and update other areas of the Comprehensive Plan as needed; and WHEREAS, in conjunction with the review and update of the Comprehensive Plan, the Town Council desires that the Planning Department conduct an analysis and assessment of Chapter 16A of the Snowmass Village Municipal Code in order to provide Town Council with a review of the existing land use code and regulations as they affect land use and development in the Town, specifically in the West Village Comprehensively Planned Area ("CPA") and the Faraway Ranch North CPA; and WHEREAS, the Town Council upon completion of the targeted review and update of the Comprehensive Plan and report of the Planning Department regarding the existing Chapter 16A of the Snowmass Village Municipal Code shall consider amendments to the Comprehensive Plan and Chapter 16A; and WHEREAS, the Town Council has enacted and subsequently extended a moratorium that currently expires on June 30, 2009 for land use applications in the West Village CPA and Faraway Ranch North CPA to enable reasoned discussion and action regarding the targeted review and update of the Comprehensive Plan and allow full and complete discussion of any amendments to the Comprehensive Plan and the Chapter 16A of the Municipal Code; and WHEREAS, the Town Council has determined that it is prudent to review any future land use applications after the completion of the targeted review and update of the Comprehensive Plan and review of Chapter 16A of the Municipal Code and the reasonable estimate of the time to complete such actions was six months, however, more time is needed to complete the reviews of the Plan and Ord. 09-07 Page 2 of 3 Code and another six months seems a reasonable time to complete said reviews; and WHEREAS, Ordinance 21, Series of 2007 provides that the moratorium may be extended by a duly adopted ordinance of the Town Council; and WHEREAS, Town Council has determined that it is necessary to extend the duration of the moratorium in order to provide the time necessary to: conduct a review and update of the Comprehensive Plan, to prepare an analysis and assessment of all current land use regulations, and to allow time for the Town Council, Town Staff and the citizens of Snowmass Village to consider amendments, if necessary, to the Comprehensive Plan and Land Use Code of the Town of Snowmass Village. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village as follows: 1. That the temporary moratorium on land use applications enacted by the Town Council by Ordinance 21, Series of 2007 is hereby extended to December 31, 2009. 2. That all other terms of Ordinance 21, Series of 2007 shall remain in full force and effect through the period of this extension. 3. 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. INTRODUCED, READ, APPROVED AND ADOPTED, on First Reading by the Town Council of the Town of Snowmass Village on June 1, 2009 upon a motion by Council Member the second of Council Member and upon a vote of_ in favor and i opposed. INTRODUCED, READ, APPROVED AND ADOPTED, on Second Reading by the Town Council of the Town of Snowmass Village on June 15, 2009 upon a motion by Council Member the second of Council Member and upon a vote of_ in favor and ^ opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor Ord. 09-07 Page 3 of 3 ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: JUNE 1, 2009 Roundabout In the spring of 2008 the Road Division installed six speed bumps, at a cost of approximately 2,500, around the inside apron of the Roundabout. The intent was to mimic the original design of the roundabout by slowing traffic down by not allowing vehicles to cut through the center of the roundabout. After observing the roundabout last summer it was determined, not surprisingly, the roundabout operated as designed with the speed bumps. Over the winter the speed bumps were damaged by plows compromising the ability of the roundabout to function properly. The damaged speed bumps became unsafe for vehicles and bicycles. Instead of installing new speed bumps the Road Division intends in early June to pour a raised concrete apron on top of the existing colored apron to the specifications of the original roundabout design. Since the Road Division has employees experienced in laying concrete, they will pour the apron "in house"with some outside labor. It was determined by the Town Engineer and Road Division that it wasn't necessary to remove and replace the original apron; therefore, the cost of the job shouldn't exceed 12,000 which will be funded by the Road Fund. The Road Division feels this will be a safety improvement and a provide more attractive and less maintenance intensive solution for the roundabout apron. Energy Audit Over a year ago the Facility Maintenance Division, through the Technology and Efficiency Fund, purchased Energy Tracking Software to monitor utility costs of the Town's facilities including the Operations Facility, Recreation Center, Town Hall, Town Park Bus station, Snowmelt Road, and the Parcel C garage. Using the information from the energy tracker staff has made efficiency improvements to the Town's facilities which are projected (this additional savings is not budgeted) to save over$100,000 in utility costs system wide in 2009. To further find energy savings, Nick Reitter, Facility Maintenance Superintendent, is proposing to contract for an energy audit of all of these facilities for a cost of up to$2§,000 which would be paid for by the projected utility savings mentioned above.There is a strong possibility that Holy Cross could fund up to 50 percent of the cost of an audit. Once the audit is completed staff will prioritize which energy efficiency improvements, recommended by the audit report, should be implemented. The intent would be to use the Town's Holy Cross Community Enhancement Fund, which currently has a balance of approximately$500,000 to fund the improvements. The Director of Public Works and I would like to thank Nick Reitter for his ability to find energy savings that both help the Town's bottom line and the environment. In addition, we very much appreciate his innovation in continuing to pursue ways to improve energy efficiency and find renewable sources of energy for the Town's facilities. This initiative is consistent with the Town's 2009 Environmental Implementation Plan which was adopted as part of the Town of Snowmass Village Sustainability Plan. Summary of Ongoing and Pending Strategic Actions Last Updated— May 26, 2009 Staff Action Status Date to follow-up w/ Contact I I I Council Land Use Comp. Plan Comprehensive Completed sections with edits will be Will be scheduled Team Plan Update forwarded to Council and staff will provide a with Council until memo on a chapter that highlights major approved. Ongoing changes in each chapter prior to it being discussed with the Town Council Chris Conrad Local Retail Tool Council asked that an ordinance be prepared June 15, 2009 Box & Demolition to provide a period of time to review demolition permits before demolition of a building occurred. Council agreed that staff should develop language for future PUDs to identify critical integral components of a PUD that must continue to exist over time. In addition, John Wilkinson requested that staff bring back a land mark ordinance for discussion in the future. Russ Tree Ordinance Frame goals and provide alternative July 6, 2009t 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 On February 17 the Town Council asked that This project would Department Inventory a Land Inventory to identify potential housing cost approximately sites be completed after the Town completes $16,000 based on a is June budget review. On June 1, staff will proposals from provide an update on the budget. Design Worksho . Housing Housing Lottery/ Staff is advertising for a committee of 5 based June 18 . Department Guidelines on Council's direction. Housing Housing Policy The consultant has completed a rational 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 Council schedule two agenda items based on the input completes review of from Council on October 6 (these could be on Comp. Plan or at the same dates) which would be 1) policy least the housing discussion to modify the current land use code chapter. related to affordable housing; and 2) a review of deed restriction policy. Housing Excise Tax Schedule a worksession to discuss the Excise July 20 , 2009 Tax and its application Joe C Natural Disasters On 11/3 Council asked that staff further July 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 June 1, 2009 Department Revenue projected revenue by: Reviewing projected occupancy and yield in the next 4 months in Snowmass Village Monitoring sales and lodging tax Regular communication with ski company, lodges, retail businesses on business activity Marianne Discussion of Council requested a direct discussion with June 1, 2009 hours with stakeholder(Aspen Skiing Co, West Pac stakeholders on Related, Staff, merchants) on hours of skittles lift summer operation for the Skittles. operation Environment/Sustainability Jason Haber Review of REOP On October 20, 2008, Council passed a October 2009 fee schedule motion directing staff to schedule this review for March 2, 2009. On March 2, Council asked that the fees and language for PUDs be reviewed prior to November 2009. Other Projects Art Smythe Incident Invite Ellen Anderson to do a 1-hour overview July 6th Command of ICS for Council. System David Free Transit Prepare a letter to Jack Hatfield on Free Complete Peckler Service Transit Service 5" DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JUNE 15, 2009 . PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: APPOIN TMENT OF HOUSING ADVISORY COMMITTEE Time: 15 minutes) ACTION REQUESTED OF COUNCIL: Review applications and appoint committee members Joe Coffey Item No. 5: UPDATE ON BASE VILLAGE COMMITTMENTS Time: 60 minutes) ACTION REQUESTED OF COUNCIL: This is a place holder at this time, more info to follow Item No. 6: CONTINUATION OF: PUBLIC HEARING AND DISCUSSION — SNOWMASS CHAPEL: CONSIDERATION OF PROPOSED RE- ZONING TO 'MIXED-USE-1' (MU-1), TOGETHER WITH ASSOCIATED SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES AND A LOT LINE ADJUSTMENT, PLUS A FINAL RE- PLAT OF THE PROPERTY WITHIN EXISTING LOTS 1 AND 2A OF THE SNOWMASS CHAPEL INTERFAITH SUBDIVISION AND A PORTION OF PARCEL 10 OF THE SNOWMASS CLUB SUBDIVISION, IN ASSOCIATION WITH THE PROPOSED SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS. Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Review application and provide directive in crafting findings and conditions for a subsequent ordinance and resolutions. Jim Wahlstrom.............................Page (TAB ) 06-15-09TC Page 2 of 3 Item No. 8: FIRST READING OF ORDINANCE NO. 3, SERIES OF 2009 ADDRESSING HISTORICAL PRESERVATION Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Adopt Ordinance No. 3, Series of 2009 John Dresser ...............................Page (TAB--) Item No. 9: CONTINUATION OF PUBLIC HEARING - SNOWMASS CENTER: Time: 5 minutes) THE PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT ACTION REQUESTED OF COUNCIL Jim Wahlstrom.............................Page (TAB --) Item No. 10: SECOND READING - ORDINANCE NO. 7 SERIES OF 2009 — EXTENDING THE MORATORIUM Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify, or Deny Second Reading of Ordinance No. 7 Series of 2009 John Dresser ........................... Page (TAB--) Item No. 11: KRABLOONIK — Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Place hold at this time Page (TAB -) Item No. 12: MANAGER'S REPORT Time: 10 minutes) Russell Forrest.......................... Page (TAB --) Item No. 13: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB --) Item No. 14: APPROVAL OF MEETING MINUTES FOR:AND Page (TAB --) Item No. 15: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS I........................... Page (TAB ) Item No. 16: ADJOURNMENT 06-15-09TC Page 3 of 3 NOTE: Total time estimated for meeting: Approximately 4 hours and 30 minutes (excluding items 1-3 and 10 —14) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. 1st DRAFT SNOWMASS VILLAGE TOWN COUNCIL SPECIAL MEETING AGENDA JUNE 29, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: COMPREHENSIVE PLAN —CHAPTER 7 BUILT ENVIRONMENT Time: 120 minutes) ACTION REQUESTED OF COUNCIL: Review and provide direction to staff. Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Page (TAB ) Item No. 5: COMPREHENSIVE PLAN — REGIONAL AND COMMUNITY ECONOMICS CHAPTER 4 Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Page (TAB--) Item No. 6 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No.7: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 2 hours excluding items 1-3 and 5 —6) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, MAY 4, 2009 CALL TO ORDER AT 5:45 P.M. Mayor Boineau called to order the Regular Meeting of the Town of Snowmass Village Town Council on Monday, May 4th at 5:45 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, and ArnoldMordkin. COUNCIL MEMBERS ABSENT: Reed Lewis and Markey Butler. Russ Forrest, Town Manager; John Dresser, Town STAFF PRESENT:Attorney; Chris Conrad, Planning Director; Susan Hamley, Marketing Director; Rhonda B. Coxon, Town Clerk Bob Gardner, Steve Sewell, Shawn Rios, Eric Mead, PUBLIC PRESENT: Scott Stenman, Don Schuster and other Member of the Public interested in today's Agenda items. Item No. 2 PUBLIC NON-AGENDA ITEMS Bob Gardner from Holy Cross extended an invitation for Town Council to attend a Holy Cross Board meeting to continue the positive working relationship between the Town and Holy Cross. He also passed out an information sheet including telephone numbers of Holy Cross representatives for the Town to use. Council Member Wilkinson stated interest in a representative from Holy Cross attending the Town of Snowmass Village sustainability meetings. Town Manager Russ Forrest spoke to the franchise fee from Holy Cross being a half a million dollars this year and it is called the Community Enhancement fund and it is earmarked for sustainability items. Item No. 3 COUNCIL UPDATES Council Member Wilkinson stated there was a near fatality on Friday at 3:30 p.m. when a truck went off the road due to the driver texting on his phone while driving. 05-04-09tc Page 2 of 5 He asked that people please put away their cells phone when driving. Council Member Wilkinson noted that the Snowmass Wildcat Fire District received a check from the Fireman's Fund in the amount of $22,000 and he congratulated the Fire District. Item No. 4 PUBLIC HEARING AND DISCUSSION - SNOWMASS CHAPEL CONSIDERATION OF PROPOSED RE-ZONING TO `MIXED-USE- V (MU-1), TOGETHER WITH ASSOCIATED SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES AND A LOT LINE ADJUSTMENT, PLUS A FINAL RE-PLAT OF THE PROPERTY WITHIN EXISTING LOTS 1 AND 2A OF THE SNOWMASS CHAPEL INTERFAITH SUBDIVISION AND A PORTION OF PARCEL 10 OF THE SNOWMASS CLUB SUBDIVISION, IN ASSOCIATION WITH THE PROPOSED SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS. (Time 1.5 hours) At 5:50 p.m. Mayor Boineau opened the Public Hearing to take Public comment. Mayor Boineau stated that due to a lack of quorum for this item due to Council Member Mordkin recusing from this discussion he would continue the Public Hearing for this item to the May 18th Town Council Meeting which begins at 4:00 p.m. Planning Director Chris Conrad stated that all notice requirements have been met by the applicant. There being no further Public Comment the Public Hearing was continued to May 18th Town Council Meeting. Item No. 5 DISCUSSION - BASE VILLAGE INTERIM PARKING PLAN Planning Director Chris Conrad noted two minor changes to the Record of Decision and stated Scott Stenman was available to answer any questions Town Council may have. Town Council approved the "Record of Decision" and directed staff to move forward with Administrative Modification. Mayor Boineau inquired about the portion of the garage being used for construction staging. The applicant, Stenman responded that an additional 47 spaced have been added since last year. Public Non-Agenda Item 05-04-09tc Page 3 of 5 Shawn Rios a resident of Snowmass Village asked about including the Aspen School District employees in the current guidelines to be able to apply for Snowmass Village housing. Item No. 6 UPDATE ON SUMMER EVENTS AND PROPOSED NAME OF MARKETING SPECIAL EVENTS AND GROUP SALES DEPARTMENT (2 memos in TABI The Director of Marketing Susan Hamley presented a PowerPoint presentation titled 2009 Tourism Plan Overview". Hamley reviewed the challenges and opportunities, tourism goals, ideas to maximize revenues, enhancing the brands, heightening stakeholder and guest services. Issue of the Skittles hours of operation and the need of this service for summer special events and the importance of the Snowmass Conference Center for group business were discussed by Hamley. She stated the greatest challenge is balance and in summary aggressively and competitively promoting the resort on value, casting a greater net for groups, with no limit on the conference center. Hosting special events to drive overnight stays and local spending. Finally engaging stakeholders and partners in "Community that sticks together wins together". Other areas of discussion by Town Council included the ADR (average daily rate) good value without being cheap, changing Thursday night concerts to a weekend night and welcome message on the variable message board. At this time Hamley spoke to the Town Council regarding a departmental name change to "Snowmass Tourism". The consensus from Town Council was to bring this back before Town Council the first meeting in June so all Council members would be present for input. Item No. 7 COMPREHENSIVE PLAN - CHAPTER 1 INTRODUCTION TO THE COMPREHENSIVE PLANNING PROCESS Town Manager Russ Forrest stated per Town Council request, staff has provided a red-lined version of Chapters 8 and 2, Transportation and Community Character and Vision. This enables Town Council to see the changes made. Forrest also noted that the next Chapter to be reviewed is 8'Built Environment and he proposed that this review be placed on the June 1, 2009 Town Council meeting when all Council Members are present. He noted that tonight's discussion and focus are the policies listed in Chapter 1', Introduction to the Comprehensive Planning Process beginning on page 160. On line 10 page 160 the Town Council agreed to change the language to read Snowmass Village are integral to the planning of the future of the community." 05-04-09tc Page 4 of 5 There were no further changes to this section. Item No. 8 MANAGER'S REPORT Committee Review of Housing Guidelines Town Manager Russ Forrest spoke to the Housing Advisory Committee and proceeding with the advertising and application process. He stated that Housing Manager Joe Coffey would like to retain two of the previous members for historical purpose on the committee. Blast-the-Mass" Mountain Bike Races Camping at Rec Center Soccer Field Town Manager Russ Forrest stated due to the on-going re-vegetation of the Spider Sabich area, overnight camping for this event will take place at the Rodeo Lot and Town Soccer Field. He noted this location has been more manageable that the on- mountain site since the camping occurs on Town property and under Town control. In response to a concern by Council Member Mordkin, Town Attorney John Dresser noted these are Temporary Use Permits and do not set presidencies. Item No. 9 AGENDA FOR NEXT TOWN COUNCIL MEETING Town Council consensus was to schedule the General Improvement District Meeting at 6:00 p.m during a break in the May 18, 2009 Town Council Meeting. Item No 10 APPROVAL OF MEETING MINUTES FOR JULY 7, 2007 AND MARCH 16, 2009 Town Attorney John Dresser noted that due to Council Member Lewis's absence the minutes should be moved to the May 18, 2009 Town Council meeting when there would be a quorum of previous Town Council members for the July 9, 2007 meeting minutes. Item No. 11 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Variable Message Sign Council Member Mordkin stated this sign is not to be used as a "Welcome Sign" for Snowmass Village. The Town Manager will handle this matter. Speed Bumps Council Member Mordkin inquired if the Town was going to replace the speed bumps in the round-about. He noted some are in pretty bad shape from the winter season. 05-04-09tc Page 5 of 5 Brush Creek Estates Council Member Wilkinson asked for an update on this matter sometime in the near future. Item No. 12 ADJOURNMENT AT 7:50 p.m. Arnold Mordkin made the motion to approve adjourning the meeting and John Wilkinson seconded the motion. The motion was approved by a vote of 3 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, and Arnold Mordkin. Voting Naye: None. Submitted By, Rhonda B. Coxon, Town Clerk Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 Town Council Meeting 4:00 P.m. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Town Council CML —VAIL CML—VAIL CML—VAIL CML —VAIL Meeting 4:00 p.m. 21 22 23 24 25 26 27 28 29 30 Special Town Council Meeting 4:00 p.m. FFPAMOM 1 1 Sun Mon Tue Wed Thu Fri Sat 1, 2 3 4 Town Offices 4TH OF JULY Closed in celebration Independence Day! 5 6 7 8 9 10 11 Town Council Meeting 4:00 p.m. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Town Council Meeting 4:00 .m. 26 27 28 29 30 31