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06-15-09 Town Council Packet (2)DPI' hja L 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: LEGISLATIVE UPDATE FROM SENATOR GAIL SCHWARTZ Time: 10 minutes) ...................... No Packet Information Item No. 5 KRABLOONIK DISCUSSION Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Consideration of request to enact ordinances regarding animal care. Voices for Krabloonik Dogs ......... Page 1 TAB A) CONSENT AGENDA ITEMS 6 AND 7 Item No. 6: SECOND READING OF ORDINANCE NO. 6 SERIES OF 2009-AMENDING THE 2009 BUDGET Time: 5 minutes) ACTION REQUESTEDOF COUNCIL: Approve, Modify or Deny Second Reading of Ordinance No. 6, Series of 2009 Russ Forrest ...... Page 42 TAB B) Item No. 7: 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 52 TAB B) Item No. 8: APPOINTMENT OF HOUSING ADVISORY COMMITTEE Time: 15 minutes) R11 Page 2•of 3 ACTION REQUESTED OF COUNCIL: Review applications and appoint committee members Joe Coffey ............................... Page 56 TAB C) Item No. 9: 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 62 TAB D) Item No. 10: 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: Acknowledge the applicant's withdrawal letter for the public record and close the public hearing. Jim Wahlstrom ......................... Pagel03 (TAB E) Item No. 11: MANAGER'S REPORT Time: 10 minutes) Russell Forrest.......................... Page 105 (TAB F) Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 108 (TAB G) Item No. 13: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Pagel 11 (TAB H) Item No. 14: EXECUTIVE SESSION 06-15-09TC Page 3 of 3 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=6402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Item No. 15: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 4 hours and 30 minutes (excluding items 1-3 and 10 —15) 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: Staff DATE: June 15, 2009 SUBJECT: Krabloonik I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Voices for Krabloonik Dogs (VKD) has a presentation and requests that Council consider local ordinances to regulate tethering and reproduction of animals. II. SUMMARY OF PROJECT VKD alleges that the dogs at Krabloonik are subject to cruel and inhumane treatment and requests that TOSV undertake local government regulation and oversight to enhance the standard of care for all animals in Snowmass Village. III. BACKGROUND VKD has spent a great deal of time discussing ways to improve the standard of care including an advisory committee including citizens, Dan MacEachen and TOSV representatives. To date, there has not been a report or recommendation submitted by the advisory committee. IV. APPLICABLE REGULATIONS Krabloonik is regulated by the State of Colorado under the Pet Animal Care Facilities Act (PACFA) V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV enact local legislation to regulate dog care at Krabloonik? How would enforcement be accomplished and funded? VI. STAFF RECOMMENDATIONS AND FINDINGS VKD delivered the packet materials to TOSV late on Friday afternoon and Staff only had time to prepare this summary in advance of the packet deadline. Staff has not conducted research or background to verify facts and representations contained therein and therefore cannot make any findings or recommendations on the substance of the materials contained in the packet. Town Council is asked to discuss and determine a course of action for this issue. Options include: request a report from the advisory committee; conduct hearings on the issue in order to gain feedback from citizens on the issue; direct staff to prepare legislation on this subject with direction from Council; any combination of the above; or determine a suitable course of action in Council's discretion. Agenda Item: Krablooniks Packet Table of Contents: Addendum A. 1. Cover letter addressed to Town Council. Goals, Issues, Solutions 2. Proposed Ordinances for Snowmass Village Addendum B. 1. Letters in support of ordinances from Senator Gail Schwartz, Representative Kathleen Curry, The Humane Society of the United States Colorado Director Holly Tarry 2. Letters from Colorado Department of Agriculture and a state dog breeding application with information confirming local ordinances super cede state regulations Addendum C. 1. Packet contains information on communities throughout the United States that have imposed ordinances protecting animals in their community Addendum D. 1. Article and letter from sled dog experts that support exercise and un- tethering sled dogs Addendum E. 1. Photos and conditions of sled dogs at Krabloonik in comparison to photos and conditions of sled dogs at Eden Mills Vermont, a sled dog operation outside a resort community in Vermont May 27, 2009 Town of Snowmass Village Council 130 Kearns Rd. Snowmass Village CO 81615 RE: Welfare of Krabloonik Sled Dogs/Ordinances Dear Mayor and Council Members, We are kindly requesting to be placed on the agenda for the Town Council Meeting scheduled for June 15, 2009 at which time we would like to cover the following topics: I. Review Establishment of Groups Concerned with the Welfare of Krabloonik Sled-Dogs A. Mission of Voices for Krabloonik Group B. Mission and goals of Krabloonik Advisory Committee C. Challenges of both Voices for Krabloonik and Krabloonik Advisory Committee II. Issues to Resolve A. Dogs chained year-round B. Lack of any exercise at least 7 months a year C. Overpopulation D. Spay/Nueter E. Watered/Fed daily F. Review how other dog-sled operators care for their dogs. 111. Possible Solutions A. Establish local ordinances through TOSV 1. Tethering ordinance-daily time off chain a. Explanation of Pet Animal Facility Act (PACFA) and Department of Agriculture's "tethering waiver" for sled dogs b. Local ordinance would supercede state laws 2. Spay and Neuter ordinance B. Non-profit to purchase Krabloonik and run facility year-round as a sled-dog history and education center and animal sanctuary C. Improvements made voluntarily by Krabloonik's operator Over the past year local citizens have spent a great deal of time and effort discussing ways to improve the standard of care for the sled-dogs. Krabloonik's operator, Dan MacEachen, has repeatedly cited a lack of funding as his reason for not making the changes necessary to improve the living conditions for the sled-dogs. Despite this claim,he continues to breed and had been operating over his lawful limit of 250 dogs. Differences in ideology exist between Mr. MacEachen, and both Voices and the Krabloonik Advisory Committee on what is considered humane treatment of these sled- dogs. Both Voices and the advisory committee feel it is cruel and inhumane to tether these dogs for seven months with no exercise. The majority of your constituents would like to see several large fenced-in areas where the dogs can run freely for designated time periods each week. We hope each of you agree that this is a necessity. One of the main goals of the advisory committee was to see that the fenced-in areas were in place by the beginning of this summer. Due to Mr. MacEachen's claim of a lack of funding and inadequate staffing to maintain and supervise the dogs, it appears nothing will change. We come before you to ask for your help in establishing regulations that will raise the standard of care not only for"working" dogs at Krabloonik, but for all pets in our community of Snowmass Village. Hundreds of other communities in America, including Denver, already have ordinances in place. We will provide the council with an information packet which will include letters from our state representatives, The Humane Society of the United States, and the Department of Agriculture. These letters encourage you to move forward with local government regulation and oversight to enhance the standard of care for all animals in Snowmass Village. We will also provide a sample anti-tethering ordinance which limits the number of hours an owner can keep their pet or working dogs chained per day. It is our desire to establish a rational and reasonable ordinance that will protect our community's animals. We hope you will embrace this opportunity to become a leader and insist that all animals are cared for in a way that positively reflects the values and caliber of the Town of Snowmass Village. Regards, Bill Fabrocini Lee Ann Vold fabrocini.billna,comcast.net leeannvold(@comcast.net 970-948-8301 Ordinance Request Sled Dogs Key issue: Neglect Dogs tethered 24 hours per day on five foot chains for up to seven or eight months straight without any form of exercise or ability to interact with other dogs. Sled dogs are pack animals and thrive on interaction and running in a group Lack of oversight and supervision secondary to limited staff. This often results in poor conditions such as lack of water. Water bowls are often spilled over and/or dogs become thirsty again in the hot afternoons. Lack of staffing makes it difficult to ensure adequate water is available. 250 plus dogs complicate this matter. Solutions: Exercise Pens for social interaction and exercise Increase staff labor to provide daily oversight, transport dogs into and out of pens, and work with the dogs to find out which ones are compatible (as do other sled dog operations) Sled Dog Operation Challenges: Dog fighting Un-neutered and spayed dogs (more aggressive) Number of Dogs (250) Additional staff labor Financial matters to pay for labor and pens Ordinance Challenge How do you provide an environment for 250 dogs to have time off of chains on a daily basis for social interaction and exercise Proposed Ordinances for Snowmass Village in regards to tethering and sterilization Ordinance number 1 concerning tethering: This ordinance prohibits the fixed point tethering of dogs for 24 hour periods. Dogs must be removed from the tether for a period of at least 1 hour in a 24 hour period and allowed to exercise and/or move freely unrestricted by the tether. Such exercise shall include removing the dog from the dog's primary enclosure and either leash walking or giving the dog access to an enclosure at least four times the size of the primary enclosure allowing the dog free mobility for the entire exercise period, but shall not include the use of a treadmill or similar device, unless prescribed by a veterinarian. The exercise requirements in this subsection shall not apply to a dog certified by a veterinarian as being medically precluded from exercise. When tethered for periods of longer than one hour the tether must be at least six feet in length and attached to a properly fitting collar or harness. Ordinance number 2 concerning spaying and neutering 1)No dog breeder shall, at any one time, maintain on premises licensed by the Pet Animal Care Facility Act, more than fifty unsterilized dogs that are over six months of age. 2)No dog breeder shall breed any dog unless a veterinarian certifies that the dog is in suitable health for breeding. Such certification shall be obtained annually for each dog sought to be bred. Final points: Enforcement of ordinances, by whom, procedures and protocols Penalties for violating ordinances GAIL SCHWARTZ SELECTCOCONO CGROBCREATIONB Senate District Senate Chamber ECONOMIC GROWTH State Capitol Building State of Colorado CHAIR 200 E.Colfax Avenue LOCAL GOVERNMENT AND Denver,Colorado 80203 Denver ENERGY COMMITTEE CHAIR Capitol:303-866.4871 FAX: 303-866-4543 AGRICULTURE&NATURAL RESOURCES COMMITTEE gail.schwartz.senate @gmail.com MEMBER June 1, 2009 LEGAL SERVICES COMMITTEE MEMBER Town of Snowmass Village Town Council and Mayor Bill Boineau P.O. Box 5010 Snowmass Village, Colorado 81615 Re: Krabloonik Kennels Dear Mayor Boineau and Town Council Members: Over the past several months my concern for alleged ongoing abuses occurring at Krabloonik Kennels has increased due to contact of concerned constituents and residents of Aspen and Snowmass. It is clear there is a major concern of citizens of our community and others across the state regarding the welfare of the dogs which became evident during the sunset review bill for PACFA. I remain a proponent for local control, yet believe that now is the time for the council to undertake consideration of ordinances aimed at protecting the dogs at Krabloonik and potentially other facilities. As the Town Council creates and enforces local ordinances that protect these dogs you will include today's accepted practices for animal containment, breeding and well being. It is not acceptable that animals be restricted and chained around the clock, sometimes on chains too short for a safe and comfortable laying position with little or no opportunity for regular daily exercise and walking. Another problem that needs to be addressed is population control. I am in favor, as a statewide goal, of ordinances aimed at requiring neutering and spaying, as well working to limit the maximum number of dogs housed by any breeder. Additionally, it is my belief that a local ordinance mandating an appropriate staff to animal ratio would be an important step in ensuring that quality standards are met. Snowmass Village has the potential to take a stand and prevent animal neglect and abuse by creating a framework of local ordinances that protect working, sled and breeding dogs. As a resident of Snowmass, I am concerned that this issue reflects negatively on our community and has a potential economic impact. Also, as a community, by virtue of being the owner and landlord of the property we are in fact perceived as condoning the alleged abuse and neglect occurring at the facility. Thank you for your serious consideration of these matters. Sincerely, State Senator Gail Schwartz March 24, 2009 Town of Snowmass Village Town Council and Mayor Bill Boineau P.O. Box 5010 Snowmass Village, Colorado 81615 Dear Mayor Boineau and Town Council Members: Re: Treatment of Krabloonik Dogs Animal neglect and cruelty are issues that we at the legislature take very seriously. Just recently, we attempted to pass legislation directed at dog breeders across the state. The "puppy mill" House Bill 1172 generated much controversy between dog owners, breeders, humane societies, veterinarians, and others in the animal business. My office was flooded with calls and many concerned the Krabloonik sled dog operation. The arguments ranged from "It will cause us to shut down", "it harms the dog breeders" and many saying "save the dogs from such abominable treatment". The bill did not pass for reasons that it could not correct the problem, such as the need for more inspectors. I am writing to encourage you to take whatever action possible at the local level to enforce local ordinances that aim to protect dogs and alleviate the;-suffering. For instance, I am in favor of laws that prohibit the permanent chaining of dogs without the allowance to run in a large fenced area or walked by leash for at least an hour, within a 24-hour period. I am also in favor of population control in the form of neutering and spaying. The principles of the Puppy Mill Bill were sound and I believe if implemented on a local government level, ordinances that limit the number of dogs that any breeder may have could be an effective means of population control. I believe there is also room for local government oversight in the form of ordinances that would mandate an appropriate staff to animal ratio to ensure that quality standards are maintained to care for these animals. I am quite optimistic that local government control can make a difference in the lives of dogs and appreciate your consideration. Sincerely, State Representative Kathleen Curry Y\ C°P/ rc l 1J CV zoo 1 THE HUMANE SOCIETY OF THE UNITED STATES OFFICERS M1i N'Cftw.I W. CIO,01lM&VM Ixrle lrn•g,MO.S H. June 2, 2009 w Cn dmrmv Wk.I.Strmiil ES,. 9md E. oo Mayor and Town Council,Town of Snowmass Village P.O. BOX 5010 naraa" Snowmass Village,CO 81615w,od rw„d a o J.,D Hake Wl.yMR.N ftmN.M.D. F."- " Dear Mayor and Council members, M.khW M,E,dan Emnr V'e Axs,Ynl E.iMtlAMlef SAAR PICA MMI)ENn I am the Colorado director for The Humane Society of the United States,the nation's largest IoM NahNk•el animal protection organization with over 10 million members nationwide and 170,000 membersCmumnxxba in Colorado alone.hMr VM flN0.nl hMNtNrtY IcM1U W Gnxfy,Vh 0. SMfI:Q[f I1RfkYl1 I have been active) investigating conditions at Krabloonik in the Town of Snowmass Village orCmvanl,HN:D,:,vmdk n Y g g g w over a year and have worked closely with local citizens to strategize ways to improve conditions for the over 200 dogs living at that facility. As I've written to you before, the facility clearlyxedla«YdIE operates at a substandard level and is in constant violation of the state's rules regulating such n15.,I.iNMi aMSl ua Dunn facilities. In addition to facility rules violations,there are repeated reports of animal cuelty atrblmviM114M s c Krabloonik. The conditions at Krabloonik coupled with the state PACFA program and local animal control's failure to act create a perfect storm of animal suffering right in your own nm«nmrt):n Inrpun aankencnuon backyards. In WmNd vim MW Dx1Fnn.aniiulNW!Ye wN"Nib; You have before you a draft of local ordinance revisions designed to improve the quality of life ROMAdby10. R rn aM.o.sPNAMAratOMr for dogs at Krabloonik and all other current and future dog housing operations in the Town ofMcmannWara Snowmass Village. This draft is an opportunity to take action on a problem that has been r",wW",:1„, ignored and swept under the rug for far too long. The state has turned a blind eye to the needs e .Jim rd&m°. of the hundreds of dogs housed at Krabloonik, but I hope that you won't. DIRECTORS lA11"U'Rel" EW PavicM hIxtS RA) AmA kR Please consider closely the draft before you and take action on behalf of the animals. With aGRE.lwutul Aw. R °YS mxs history of criminal animal cruelty, blatant disregarding for standards of care, and decades ofNNIW8C.a ,ClleA .0ny.CA,CPA. visitor and resident complaints, it is clear Krabloonik is in need of reform. Please take action and kmax Itni y MU., k qhL "`'"``' deliver the dogs much needed relief.1 IHF.Im i.1 g e, 1.M Minlvw Ny L MY GHh1 l.M(LtlrnNl y Thank you, Shim Dxnd, Jud,M. P•YMuMnG.MOW IrJIUa l ll1^,A, 1V' d I MNA,T G.S1r41 i'i,REw. Holly Tarry ArN,e MkOwn Msin NAde Colorado Director Oarid 0.W brt M.O. Celebrating Animals I Confronting Cruelty Northern Rockies Regional Office 490 N.315t St., Suite 215 Billings, MT 59101 t 406.255.7161 1406,255.7162 humanesocietyorg ov•COCO 700 Kipling Street,Suite 4000 RF Lakewood,CO 80215-8000 he 0 303-239-4100 Fax 303-239-4125 www.coloradQgovJae DEPARTMENT OF 1g76 AGRICULTURE John R.Smlp,Commissioner Bill Riney Jr. Governor May 5, 2009 To: Bill Fabrocini From: Kate N. Anderson, DVM RE: Licensing and regulatory authority of the Pet Animal Care Facilities Act The Pet Animal Care Facilities Act gives the Commissioner of Agriculture the authority to promulgate rules and regulations for the licensing and inspection of pet care facilities in Colorado. This regulation applies to facilities which meet thresholds of sales,transfer or production of litters as well as those that advertise and offer services to the public such and grooming or boarding. Enforcement of the Act is done by employees of the Department of Agriculture. There is a requirement of applicants to ensure they are in cooperation and compliance with all local and county ordinances. In no way does the state law take precedent over more restrictive regulation at the local level. The Department strives to work cooperatively with local agencies to share information and monitor compliance within facilities. I have attached a copy of the license application for your review. Please don't hesitate to contact our office with further questions or comments. Sincerely, Kate N. Anderson, DVM PACFA Administrator 204 COLORADO DEPARTMENT OF AGRICULTURE ANIMAL INDUSTRY DIVISION 700 KIPLING ST.,SUITE 4000 LAKEWOOD.CO 80215 TELE: 303239-4181 PET ANIMAL CARE FACILITIES LICENSE APPLICATION PERSON'S FULL LEGAL NAME: LAST FIRST M.I. BUSINESS NAME(S): MAILING ADDRESS, CIITY: STATE: ZIP'CODE FACIL"YADDRES .. CITY: COtll!6BN: STATE ZIPCCM APPL0CANMSPH0NE.N&-. FACIII-1111Y PHEINE ND.r EMAIL ADDRESS: LICENSE CATEGORIES WITH FEE SCHEDULE-.-EL9d§g CfRCLE AS MANY CATEG.AS APPLY BELOW:Is" back of oo.for fuMx Into nowt as i ks CATEGORY FEE CATEGORY FEE RETAIL/WHOLESALE m..+nd.+r.aar,280 DOG BREEDER Seale O 280 RETAIL AQUARIUM ONLY 225 CAT BREEDER 225 BOARDING/TRAINING 280 COMMON BIRD BREEDER 80 PET HANDLER 80 UNCOMMON BIRD BREEDER 180 NETWORK BOARDING 180 SMALL ANIMAL Bli=:EDER 250 PET GROOMING 225 ANIMAL RESCUE 80 DOG BREEDER small scale 250 1 ANIMAL SHELTER 280 Explanation of fee schedulo: If more than one catsaon is selected.the total amount due for this license aDglicati to ifs catm amount with ft Mahaat foot Examift. A pot facility selects RetaillWholewle Pet Animal Dealership($280.00),Common Bird Broader($80.00),and Small Animal Breeder(S250.00). The fee amount due with this application Will be$280.00,because the RetalYWholesale Pet Mind Dealership is the highest fee of all flues selections Indicated an the a0leaflon. This example aWiea regardless of the number of categories selected. fafm.awe!etbatiywfagan"cy dose:IIIat:nullify_or ovoMdo aIII y-ef tny,loceflaws;or;orilinancae I am aware that it is my;responalbility to find out what,If any,local laws or ordinances may be-lin'p"laca and to come Into compliance with thraseloW laws or= inanem PleaseInitial youi have mad and agree totheabouastatement This license is non-transferable and non-refundable. Hai the appOwnt or appgeanfa principals,partners,officers,or agents been charged,fared,sentenced,convicted,or ordered a plea of guilty or no contest under any local,state or federal law pertaining to cruelty,neglect er abuse of animals? Yes_ No _ If Yes,provide rase o and jurisdiction. Hhs applicant or applicant's principals,partners,officers,or agents had a PACFA or similar license denied,revM:+d or suspended? Yes_ No ^If yes,give specifics. I wish to be notified by mail or electronic mail of hd=rule hearings. Facility thrms of operation(Please Grde):Days:M Tu W Th F Times:Sam a 10 11 12 fpm 2 3 4 5 NOTE: IN ORDER TO PROCESS THIS APPLICATION, FULL PAYMENT,CITIZENSHIP OR CORPORTARON INFORMATION, AND FACILITY PLANS MUST ACCOMPANY THE COMPLETED APPLICATION FOR VALIDATION. Please make checks or money orders payable to CDA. 4 Signatursor Applicant Endoae Full Amount Date Doch:PACFAAPP Page 1 of 1 Bill Fabrocini From: "Cory Gardner' <cory@corygard ner.net> To: fabrocini.bill @comcast.net> Sent:Wednesday, November 12, 2008 9:06 PM Subject: RE: Please Stop Dog Chaining in our State Thank you for your email concerning animal tethering. I appreciate that you have taken the time to write. As a member of the Agriculture, Livestock and Natural Resources Committee,(which is the committee responsible for most animal-related issues)I take animal welfare matters very seriously. Sincejoining the legislature in 2005, I have worked hard to protect animals from abuse and cruelty. This past year, I supported legislation that would ban several different animal-rearing practices-practices that many considered to be cruel treatment of animals. I also helped write legislation at the federal level to ban animal fighting and to bar the interstate transit of animals for animal fighting purposes. I look forward to continuing this fight during the upcoming legislative session. I agree with you-when children are taught to be cruel to animals they may be more likely to do harm to one another. Our laws must reflect the importance we place on the proper treatment of animals. As you know, there are a variety of ordinances around the state concerning leash laws and other animal issues. The state legislature has,at times, found it appropriate to pass legislation concerning ownership of various animal breeds. I have forwarded your request to Legislative Council staff,our non-partisan research staff at the State Capitol to team more about the possible options available and to further investigate the concerns you raise. I also hope to learn more about the various ordinances that are already in place across Colorado. Again,thank you for writing and please do not hesitate to contact me again. Sincerely, Cory Gardner State Representative Cory Gardner P.O. Box 86 Yuma, Colorado 80759 Phone: (970) 848-2232 If you would like to receive my newsletter udpates "Dome on the Range"please reply and let me know that you would like to be added to the distribution list. 5/31/2009 First Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO.09-03 39.01 Kate Meyer HOUSE BILL 09-1172 HOUSE SPONSORSHIP McCann, Fischer SENATE SPONSORSHIP . None), House Committees Senate Committees Agriculture, Livestock,&Natural Resources A BILL FOR AN ACT 101 CONCERNING AN INCREASE IN THE PROTECTION OF ANIMALS UNDER 102 THE "PET ANIMAL CARE AND FACILITIES ACT". Bill Summary Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) 5 Imits numbeTofunsterilized-dogsover 6 month_s_o1 age.that-A a;d j&,ecdcr Wkyleep onpr meiseshcensedunder-the"P-et-Animal, re and_Faciliiies-Act'=—(Ac-t): Exempts from the limitation dogs that are, for a fee or other form of compensation, being boarded temporarily. Mandates annual certification by a licensed veterinarian that a dog is suitably healthy for breeding before the dog may be bred. Authorizes the commissioner of agriculture (commissioner) to promulgate rules to Shading denotes HOUSE amendment. Double underlinine denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. effect such certification. Allows the commissioner to inspect at any time premises or records for the purpose of carrying out provisions of the Act. Makes denial or revocation of a license issued pursuant to the Act mandatory when the licensee or prospective licensee has been convicted of cruelty to animals. 1 Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. Article 80 of title 35,Colorado Revised Statutes, is 3 amended BY THE ADDITION OF A NEW SECTION to read: 4 35-80-106.7.IDogs=limiton.n muberofunsterilizedadultdogs 5 Ithat-may bekept at one time-by- dog breedr annual veterinary J 6 certification for breeding - applicability. (1) (a)Z:No DOGBREEDER 7 SHALL,AT ATIY-ONETIME-MAINTAIN ON UNDERZHIS 8 'ARTIRE THAN TWENTY-FI.VE.UNSTERILIZED_DOGS THAT_ _=ARE 9 SIX MONTHS E: 10 b) THIS SUBSECTION (1) SHALL NOT APPLY TO DOGS THAT ARE II TEMPORARILY BOARDED ON PREMISES LICENSED UNDER THIS ARTICLEFOR 12 A FEE OR SOME OTHER FORM OF COMPENSATION. 13 2) O DOG—BREEDER-SHALL=BREED ODYANQ LESS'A 14 VETERIN IFTI 'THAT"THE-DOG-IS-IN-SUITABL-E-HEALTH FOR 15 BREEDING. SUCH CERTIFICATION SHALL BE OBTAINED ANNUALLY FOR 16 EACH DOG SOUGHT TO BE BRED ON OR BEFORE THE DATE ESTABLISHED BY 17 THE COMMISSIONER PURSUANT TO SECTION 35-80-109(2) (a.3). 18 3) THIS SECTION SHALL APPLY IN ADDITION TO ANY OTHER 19 APPLICABLE LAWS AND RULES RELATED TO THE CARE OF DOGS IN PET, 20 ANIMAL FACILITIES. 21 SECTION 2. 35-80-109 (2), Colorado Revised Statutes, is 22 amended BY THE ADDITION OF A NEW PARAGRAPH to read: 0 2- BB09-1172 1 35-80-109. Powers and duties of the commissioner - rules. 2 (2) The commissioner is authorized to adopt all reasonable rules for the 3 administration and enforcement of this article, including,but not limited 4 to: 5 a.3) THE IMPLEMENTATION OF THE REQUIREMENT FOR ANNUAL 6 VETERINARY CERTIFICATION OF DOGS THAT ARE SOUGHT TO BE USED FOR 7 BREEDING PURSUANT TO SECTION 35-80-106.7 (2), INCLUDING THE 8 ESTABLISHMENT OF ANY MINIMUM CRITERIA AND STANDARDS; 9 SECTION 3. 35-80-110 (3), Colorado Revised Statutes, is 10 amended to read: 11 35-80-110. Inspections - investigations - access - subpoena. 12 (3) At any TIME, the 13 commissioner shall have free and unimpeded access upon consent or 14 upon obtaining an administrative search warrant: 15 a) To those portions of all buildings,yards, pens;and other areas 16 in which any animals are kept,handled, or transported for the purpose of 17 carrying out any provision of this article or any rule promulgated pursuant 18 to this article; and 19 b) To all records required to be kept and may make copies of 20 such records for the purpose of carrying out any provision of this article 21 or any rule promulgated pursuant to this article. 22 SECTION 4. 35-80-112.5, Colorado Revised Statutes, is 23 amended to read: 24 35-80-112.5. Denial of license - animal cruelty conviction. 25 (I) The commissioner,pursuant to the provisions of article 4 of title 24, 26 C.R.S., map SHALL deny, refuse to renew, or revoke any license 27 authorized under this article if the applicant or licensee has been 3- HB09-1172 I convicted of OR ENTERED A PLEA OF GUILTY ORNOLO CONTENDERE TO AN 2 ACT OF cruelty to animals pursuant to PART 2 OF article 9 of title 18, 3 C.R.S., or any similar statute of any other state. 4 2) Notvvithatmiding stiba=tion (1) of this 3"tion, 11 5 6 shall deny, refuse tO MIM, 01 TCVoke any fi=15C alltItUliLed mi&, this 7 tatiele if the appliewit ot licensee has be=convicted, at W!y tilIM, of 011C 8 9 basis of vvhieh has been ffitind by the couft to include tile IUMVil1r, VJ 10 11 mttfiiates, ox kifls mi anitnal. 12 SECTION 5. Act subject to petition - effective date. (1) This 13 act shall take effect January 1, 2011. 14 2) However, if a referendum petition is filed against this act or 15 an item, section, or part of this act during the 90-day period after final 16 adjournment of the general assembly that is allowed for submitting a 17 referendum petition pursuant to article V, section 1 (3) of the state 18 constitution,then the act,item,section,or part,shall not take effect unless 19 approved by the people at a biennial regular general election and shall 20 take effect on the date specified in subsection (1) or on the date of the 21 official declaration of the vote thereon by proclamation of the governor, 22 whichever is later. 4- HB09-1172 iieipingAmmis.com//Help An Animal H Current Legislation on Tet... http: trLegisladon.asl c C ny Helping Animals latest GG NUNVREg 11.1 RN6CLr IOR IWIML! ANIMALS @ HOME HELP AN ANIMAL WILDLIFE TRAVEL % I Search _ _ Help an Animal IN THIS SECTION Chained Dogs:A Widespread 7 Serious Public Safety Threat may In This Section Current Legislation on Tethering Dogs O Current Legislation on TethernQnirdsShouldFlyFree ._Dogs Help Your Local Animal The following states' laws address chaining: Shelter SEE ALSO Californi Vircini@ Human Abuse/Cruelty Connecticut West Virginia What Did l Get fortoAningisTeasChristmas'E-Card Never Buy Animals w From Pet Stores or Breeders Chaining is prohibited in the following communities: aria Caned D Slicker OdOther Issues 1a+'wr og Fair Alamo CClon North Carolina Raise Funds for FayetteNtie.Arkansas i yirLi rgJTCQ.I.irlpl,Nortld CarGina Animals Jonesboro Arkansas New Hanger North Carolina Little Rock.Arkansas Roanoke Rapids North Carolina E 'Create a Mracle for BackyardReportCrueltytoMaylrlk: Arkansas Lawton Oldatpmg Doge FlierAnimalsMami, Florida Av5M Tares arn-Dade County,Floridaliida11 TexasSpay/Neuter Mi Okatoosa County Florid Dallas Terns What to Do it You Spot Animal Irnitxediately,Athens-Clarke County Georgia Eisctra,Tens Abuse'Factshret Unchain Dogs Chatham County.Georgia Georgetovm-Texas Legal Sheffer for Your Dog'OeKalb Carray.Georgia Fort Worth,Texas FlierUrgentAlertsCarthage,Missouri IMno.Te>'3c Ras:.urces Finding the Right Homa' Brochure Ads(PSM The following communities permit animals to be Chained for pETA's'Unsuper,+seci AninarCelebrlte°Helping a limited period of time: Animals Brochure E-Cards Kern County.Caffomla Carroll Gourm._nWryland Saw Our Strays'Flier Factsheets Fat Long maaw Massach Battle GreeK Mchican x. Chained Dog erochure FAQ& W i saint Paul.thnnesola Dania BRaeh.Fbdda Creve Coeur,Mssouri Q $apple OrdironcesGuidetoLetter-Writing Fort lauderoale Florida Camden.New Jersey Lw+er FbMumd Flod Tomrshio New Jersey I-gbyying for Charge,Literature Oakland Park.Florida Ocean City,NaW Jersey FacLsheetOrangeCountyFbritlaSeaIsleCityNewJersey Photos Palm Beach County Honda AMUMMd hMMJersey Victories Pembroke Park Florida Wildwood Crest New Jersey Mniature Backyard Dog Poster Bloornimton. Indiana AtwugolB New MemkIi Vim Fbyn County Indiana Canandaigua.New York 0 'Overview of the LegislativeMarion,Indiana Launnbura North Carolina Process Factsheet IY Mlcx ) Irancae Qrangg Qwnty,Nod Carona Dodge City,Kansas Raleiah. N Cinavyodarol z Legislators'Working WithLawrenceKansasScotlandCounty, North Carolina Legislators'Factsheet Leavenworth, Kansas North Royalton Ohio Overland Park Kansas BlydlosHlle.Qdahoma SPAY D Topeka,Kansas M iltrxomah County.Oreoon Public Speaking Factsheet NEUTE Wellington Kansas Oak Ridoe.Tennessee h" t Wichita Kansas Austin Texas t) PETA's Guide to Letter-Writing Jefferson City Kentucky Norfolk.Viroima Louisulle Kentuckv Norihannton Canty MrainiWORK a y= fFORPEA Baker.Louisiana Siij gNd.Mrcinia SHOPPING New Orleans.Louisiana Mrginia Beach Mrainia Linn,Wiscrosin Racine Wisconsin The following ordinances protect animals other than dogs: PJPy Cat is a Rescue'T-ShirtTucsonArizonaAlen,Texas 1 of 2 5/31/2009 5:08 PM HelpingAnimals.com//Help An Animal//Current Legislation on Tet... htt p://www.helpinganimals.com/ga_tetherLegislabon.asp Southhaven,Mssissippi Waco.Tom Rayown,Mssouri The following ordinances prohibit tethering animals in public: Fremont California Lincoln,Nebraska Hemet California Alen,Teas Southhaven Mssissiopi Rohland Hills,Texas Eaoan Minnesota The following are ordinances that apply to certain types of dogs: Fremont Cahfornia San Jose,California Los Angeles,California Mdwest City,Oklahoma San Diego,California Waco.Texas The following ordinances permit tethering, provided that other conditions of care are met: Little Rock Arkansas Bernalillo County. New Medco Jonesboro,Arkansas Raytown.Mssouri Hemet California Lincoln, Nebraska Fremont California Ouichita, Louisiana San Francisco,California Baton Rouge,Louisiana Alachua County,Florida St Charles Parish, Louisiana Wilton Manors. FL Montgomery County Maryland Aurora,Illinois Rockville,Maryland NoblesHBe,Indiana NasWile-Damoson County Terre Haute,Indiana Tennessee BaMng Green.Kentucky Pittsburgh,PennsyWnia 1-miswlla. Kentucky Oak 9doe Tennessee Dennis Townsnip,New Jersey Lu=h TPJas Catawba County.North Carolina Mchland lilts.Teas Green ke,North Carolina Richmond.Kirolnia Sprinos.khrM CerpSna Printer-Friendly E-Mail This Page Subscribe to E-News About PETA Donate Now Privacy Polley Disclaimer PETA Web Sites r,a Pr Frerr#01.! Ir 1 !rw :R[M n;ll} 01 PIIIMaU /,/JIfJNl. •la Rint F )CO u( 2 of 2 5/31/2009 5:08 PM Helping4nimals.com//Help An Animal//Ct>rrent Le®slation on Tet.. http://www.helpinganinials.cotdga_lint tedChair i%.asp#denver Helping Animals Sign up for e-mail updated HJ NC Na.z Ur W.'s xi aB rVOME OO Ptl PI13CL rOP P1+uIP1.3 ANIMALS @ HOME HELP AN ANIMAL r' WILDLIFE ' TRAVEL SHOP ABOUT US DONATE NOW Search URGENT ALERTS Help an Animal//Current Legislation on Tethering Dogs 00 Urge Boston Medical Center to 00 In This Section The Following Communities Permit 46 Stop Alleged Poisoning of Birdsl Birds Should Fly Free Animals to Be Chained for a Limited ge«mSHaft Huntil ' Help Your Local Animal Period of Time URGENT.Ask Richmond,Va., Shelter 8 Mckits School to Hatt Its Alleged Human , vha. Use of Cruel qua Traps! to Animator Kern County+Caltornta 2002 Never&ry Animals G,.t.IN THIS SECTION From Pet Stores or hs ordinance pr,bMiN,fh pant;testennQof_.Cogs for longer Breeders 12,ccnsecufiae:fntus m a 24:f'm -Ofilod Tellens°it u's beat Birds Should Fly Free v least 15 feet long,vegh no more than ona-eighth of she dog's Other Issues weighL have swivels on bosh ends,and atach to a properly-fitsrg U The Truth About Bird Supplierscollarorharness. Raise Funds for Animals 7.06.115 Restraint Beware of Bird Sanctuaries Report Cruelty to a)A dog a puppy shall not be restrained by a Cruelty in Store at PelSmart Animals fixed point chain or tether for more than fweive(72) consecutve hours in a twenty-four(24)flour SEE ALSO Spay/Muter period.This chain shag be at least fifteen(15)feet IrmhediabOy long. Sponsor a Spay/Neuter Unchain Dogs b)A dog or puppy may be embasively restrained Surgery Urgent Alerts by a chain or tether"dad that it is at least fifteen(15)fact in length and attached to a pulley r Resources or trolley minted On a cable which is also at least fifteen(15)feet in length and mounted no more MORE WAYS TO HELP Ads/PSAS than seven(7)feet above ground level. Take the Law Into Yam tOwn Celebrities Helping c)My tethering system employed shall not allow Hands Animals the dog or puppy to leave the armhers property. E-Cards tl)NO Chain or tether shall weigh more than la Put a Banner on Your Web Site one-eighth(1/S)of the dog or puppy's weigh FacSheets Work or Intern for PETA e)Any chain or tether shall be at least fifteen(15) FA05 feet in length and have swvels on both ends. Guide to Letter-Writing f)Any chain or tether shall be attached to a SHOPPING Literature property fitting collar(no choke chain collars)or harness worn by the animed,(Ord.G-6942§5 h Photos part),2002) pp Victories Los Angeles,Cafifornia August 3,2005 r, Videos This ordinance prohibits the tethering of dogs in most Lets Haue a Doe Partvl Boric circumstances.A gaited period of tethering is atoned provided that certain conditions are met Sec.53.70.Care and Mainttenace of Dogs T;' FO D.Tethering.It shall be unbwful for any person to father,fasten, chain,fe,restrain or cause a dog to be fastened,chained,bed a restrained to houses,tees,fences,garages a other stationary or highly immobile objects by means of a rope,chain,strap a osier physical restaird fa the purpose of confinement except in circumstances where all of the fogoeing requirements are met 1)The bothering shall not be for more time than is necessary for the dog o.+ner or custodian to complete a temporary task shat requires are dog to be physically restrained for a reasonable period. 2)The dog must be tethered by a non-choke type collar or a body harness to a tether that is at least three(3)times the body length of the dog, 5131/2009 9:17 Ph HelpingAnimals.com//Help An Animal//Current Legislation on Tat... http://www.helpiriganinials.coon/ga_limitedChaining.asp#denver measured from the dog's nose to the back of the hindquarbrs and which tether is free from entanglement 3)The dog must have access to food,water and shelter as described above. 4)The dog shag be MoNtored periodically. This section shall not affect the use of appropriate electronic means of confinement Denver,Colorado May 11, 1992 V DogsJllay-notbe-d)laaiedfor a period.loW-than.one.hour.ma chain less than six feel in'le Sec.8131.Cruelty to animals prohibited.(b)It shall specifically be cruel,dangerous or inhumane for any person to:(3)Tether and leave,or permit to be left,unattended any animal on a leash,cord or chain of less than six feet in length for longer than one hour. Washington,D.C. Cruel chaining of dogs prohibited by Uhe Districts'Freedom From Cruelty to Animals Protection Act' Chapter 106,Sec.2(b)For the purpose of this sector,'cruelly chains means attaching an animal to a stationary object or a pulley by means of a chain,rope,tether, leash,cable,or similar restraint under circumstances that may endanger its health,safety,or well-being.'Cruelly chains'includes,but is net tinted to,the use of a chain,rope,tether,leash,cable,or similar restraint that(1) Exceeds 118 the body weight of the animal;(2)Causes the animal to choke;(3)Is too shat for the animal to move around or for the animal to urinate or defecate in a separate area from the area where it must sat drink,or lie down;(4)Is situated where it can become entangled;(5)Does not permit the animal access to food, water,shade,dry ground,a shelter;a(6)Does not permit the . animal to escape harm. (Act 13-418;June 1,2001) Dante Beach,Florida July 2U,2005 ltd&ordinance prohibits the chaining of dogs for longer than one hour in any 24-tour period and allows such tethering only under certain conditions. Section 515.Dogs at large prohibited. b)It shag be a Notation of this section for the Owner of any dog to tie,chain,or otherwise tether a dog...outdoors;provided,however, that a dog may be temporarily tethered,tied or chained outdoors for a label period of fine not exceeding one has on any day between the hours of 9:00 am and 6:00 pm if accompanied by its Owner or any person over the age of fifteen years.No dog shag be tethered,tied a chained outdo s at any fine for purposes of training on any treadmill device.Oog owners mist provide clean, safe and humane conditions for dogs which are oubioom on private property,which conditions include,but are not limited to,sufficient food and water,shelter from cold,heal and rain,with adequate shatter ventilation. Fort Lauderdale,Florida June 16,2006 Ttds ordine ce prohibits the tethering of cats,dogs who are under the age of 6 months,and any dog during periods of extreme weather or fa longer titan 15 minutes bebAeen the hours of 10 a.m. and 5 p.m Any tethering of dogs dung other times must meet certain conditions. Section 635.Supervision and Confinement;Tethering. 0.It shag be unlawful for arty person who owns or any person who is in charge or in control of any dog or cat to confine or tether that animal outdoors during periods of extreme weather,such as periods of unusually cold or hot temperatures,or periods of poor 2 of22 5/31/2009 9:17 Plv HelpingAnirmls.com//HelpAnAnimal//CirrentLegislationonTot.. htt p://www.helpingarinials.com/ga_limitedChaining.asp#denver air quality,or wt en a hurricane or tropical storm warning has been issued. B.It snag be unla fa for any person wfio owns a any person who is in charge or in control of any dog or cat and who confines that dog a cat outdoors on private properly m fail to provide the animal w th: 6.A tether,which may be employed subject to the folloing regulations: a.It shall be unlawful for any person who onus or any person who is in charge or in control of any dog that is under the age of six months to tie,chain,a otherwise tether a dog that is under the age of six ninths outdoors.It shag be urtavvU for any person who wins or any person who is in charge or in control of any cat to tie,than,or otherwise ether a rat outdoors. b. It shall be unlawful for any person who ovens or any person who is in charge a in control of any dog that is over the age of six months to tie,chain,a otherwise tether a dog outdoors between the hours of 10:00 am and 5:00 om. except that a dog of any age may be temporally tethered,bed,or chained outdoors for a total bone period not exceeding fifteen minutes.At otter times,it is permitted to tie,chain,or otherwise tether a dog that is over the age of six months outdoors if the dog is harnessed by a properly-fitting body harness that is fastened to either i.a tether that is at least ton feet long and that is free from entwV*nant and that allm the dog tc more unheeded;or ii.an overhead run,which is an overhead wire at least 10 feet long to which the dog's body harness is attached by a leash or chain, that allows the dog to move unheeded. Hollywood,Florida Juy 6,2005 bis adlnanceprMibibihe chethgotdrini veemtesonly of 1 10.am-and:5P:m;tgrltl allows tethering dudng other times oNyJ under certain conditions Chapter 92.08 Animal Care; Manner of Keeping. C)Animals maintained on a tether must be in an area free of objects that may cause entanglements.M tethers must be a minimum of six(6)feet in length and lager if appropriate for breed i.e., Irish Wolfhound, Borzd,Great Dane.St Bernard,etc.). Choke type or prong type collars shag be used only while the animal is under the handler's direction controt Bet~the hours of 10:00 a.m.and 5:00 p.m,animals shall not be on a tether outdoors. 3 of22 5/31/2009 9:17 PM Helpin&Animals.com//Help An Animal//Current Legislation on Tel... http://www.helpinganimals.com/ga_linn tedChaiWng,asp#denver Oakland Park,Florida July o,2006 1 This ordinance prohibits the tethering of cats,dogs who are under the age of 6 months,and any animal during periods of extra" weather or for longer than 15 rrinutes between the hours of 10 am and 5 p.m Any tethering of dogs during other times must most certain conditions. Section 4.23 Supervision and Confinemenk Tethering. A It shall be unlawful for any person who owns or any person who is in charge or in control of any dog,cal or other animal b confine or tetlrer that animal outdoors during periods of extreme weather or Men a hurricane warning has been issued. B.It shall be unlawful for any parson who owns or any person who is in charge or In control of any dog,cat or other animal who confines that animal outdoors on private property to fail to provide the animal with: 6,a tether in lieu of a fenced yard which may be employed subject to the following regulations: a. It shall be unlawful for any person who owns or any person who is in charge or in contrd of any dog that is under the age of six months b tie,chain,or otherwise tether b,outdoors a dog that is under the age of six months.It shall be unlawful for any person who owns or any person who is in charge or in control of any cat to Va.chain a otherwise tether outdoor a cat C,It shall be unlawful for arty person who awns or any person who is in charge or in control of any dog that is over the ace of six months ro be,chain w otherwise tether outdoors a dog between the hours of 10:00 am and 5:00 pm except that a dog of arty age may be terrporariy tethered,ted or chained outdoors for a total time period not exceeding fifthen minutes.Al other Imes,it is peraidad to tie,chain or otherwise tether outdoors a dog that is over VV age of six months if the dcg is harnessed by a properly fitting body harness that is fastened to either i.a tether that is at least ten feet long and that is free from entanglement and that allows the dog to mote unheeded; ii.an overhead run,wfiich is at least ten feet long to which the dog's body harness is attached by a leash or chain that allows the dog to rrrne unheeded. Orange County,Florida July 12,2005 INs ordinance prohibits the chaining of dogs between the hours of P11 5/31/20099:17 M HelpingAnimals.com//Help An Animal//Current Legislation on Tet... http://www.helpingaz inials.com/ga_lin itedChaining.asp4denver 9 am and 5 p.m and during periods of ewers weather.Tethering is allowed during other times ony,under certain conditions. Section 5-29.Definitions. Restraining Device shall mean a chain,cord,a cable,with a minimum length of ten feet used to confine an animal on an comets property.This device mat provide for humans, unrestrained range of movement for the animal to insure that the animal is not wposed to hazard or injury and shag not prevent the animal from having food,water,shelter,adequate ventilation, protection from the elements or other care generally considered to be normal and usual.This device shag be proportional in size, weigh no more than 1/8 of the dog a puppy's body weight and designed fa use with the specific treed of animal with an appropriate collar.These devices shag not be used to confine a dog on an comers property between the hours of 9:00 am and 5:00 pm 355 days a year and during times of e&eme weather.e.g., hurricanes,below freezing conditions. Bloomington,Indiana December 23,2005 This ordinance prohibi5 to tetmenrgbf dnlws"fa m e than 10\ continuous hours and for-rrore than 12 total holre_In_any"24hour, period:or_for any,pelodoftime in corditiaru that threaten the health or wet-beingof the urel. Chapter 7.36.050 General animal care. f)No chain or tether shag weigh more than 118 of the animal's body weight g)Any chain or tether shall be at least ten(10)feet in length and have swivels on bob)ends. h)Any than or tether must be attached to a property filling buckle-type collar or harness worn by the animal.Choke collars and pinch collars are prohibited for purposes of tethering an animal to a stationary object or cable run.A person may not wrap a chain or tether around an animars neck A chain or tether used to restrain an animal must by design and placement be unlikey,to became entangled. i)It shat be unlawful for the owner/guardian of any animal to keep or maintain the animal an a meter for a period of more than ten(10) continuous hours and no more than twelve(12)hours in any wary-four(24)tour period,or for any duration under conditions, Mich threaten We health,or well being of the animal. Floyd County,Indiana Only spay or-neuteredretered dogs may be chair.ogThesedsummay Unot.be-chalned:a-tethered for more than 10 hours in.any24-hour) period and never between sunset and sunrise,The chain Trey not weigh more than one-eighth of the animars bodyweight as.A-0.00 Restraint 2.For dogs and puppies, RESTRAINT shall mean restricted to the premises of the owner and confined in a secure enclosure as previously defined,or accompanied by We owner and under hislher direct control. a)Any tethering system employed in place of a fence shag not allow the,dog or puppy to leave the comers property.The chain or wer crust not be made of rope,twine,cord or sirrilar material that can easily be cut or chewed through.Any tethering system shall not be acceptable for any dog declared dangerous. b)No chain or tether shag weigh more than 118 of We animals body weight c)Any chain or tether nest be attached to a property fitting collar or harness wom by We animal as defined in this ordinance.A chain, choke or pinch collar shag not be utilized for tethering purpose. 5 of 22 5/31/2009 9:17 PM r...y........,o.w.,.• .....Ir................. ............. ..b.,,• ....•,.. ,.6. . r.n..r-r rlr....1/wgulwuaw.ev 5a_Wlauieu_ule0.N11g.a81/ Y1 Y.Y (( x4mHelpingA.1 t i i f -a! 9n uP for a mail updatess) HIV Nf!.Eos o, USN.) !/ Ce.p,p VV 0.4 RP3RL Ptr0. RIn Nn L? ANIMALS @ HOME HELP AN ANIMAL WILDLIFE TRAVEL SHOP / ABOUT US DONATE NOW Search man Animal//Unchain Dons IN THUS SECTION I GO The Cruel, Dangerous Practice of In This Section Breaking the Chain of Cruelty and Chaining Dogs Girds Should Fly Free Danger: Anti-Tethering Ordinances jwnycnanedDOgsAmck Official Findings on Chained Help Your Local Animal Q Dogs Shelter 1—. r While many chained dogs fives have been transformed 0 Chard-Dog Attack SummariestunesAbusrlCrurJryandsavedbytheraringmAnimalsactionsofconcernedpeople, Never Buy Animals Harking with elected O Neglected Animals With No From Pet Stores a representatives to pass Escape Breeders ordinances that ban a restrict tethering is the most effective O Helping an Individual Chained Other Issues way to help chained dogs. Dog Chaining adn races protect Raise Funds for both dogs and the public Breaking the Chain With an Animalsr- — - welfare.According to the Ordinance Report Cruelty o I„ 'Centers for Disease Control and Prevention,'(SItratagiesm rt,the Front Ores:ChainingAnimalsencourageresponsiblepetUOrdinancesWork Spay/Nev ownership and reduce dog Was include... legislation.'er Immediately While many titles and counties have addressed this cruel and dangerous practice Current Legislation on Tethering Unchain Dogs in an effort to prevent tragedies from striking new horse,others consider such Dogs legislation only after chained dogs maul children in their areas. Urgent Alerts Caps for thane Here heard after theg April 2005 death of a 4-year-old Yrgirtla boy SEE ALSO Rea:,urcos wfg approached his family's chained dog.Three days after the child died,the editors of The Frea Lance-Star of Fredericksburg,Virginia,mote,'LocaGties Chained Dog Booklet for Public Ads)PSAS should seriously consider outlawing the tethering of dogs.After all,if chaining is Officials both(1)cruel to the dog and(2)dangerous to hueman Passersby,why countenance Celebrities Helloing itr Friends Don't Chain Friends! y'"""aL' Sticker Foprnting five days of public debate about 'Chaining dogs creams unsafeE•Cards the issue,an editorial in the same newspaper read,'Chaining tlogs is cruel neighborhoods.Chaining dogs creates Cream a Miracle for Backyard Factsheeta communities in which our children,our Dogs Flieranddangerous. ... 'Dogs are members of elderly,or anyone unlucky the family,not lawn ornaments or furry h ry b'enough is FAOs at risk to nbe or death.' alarm systems,'slates PETA Localities What o Do if You Spot Animal Guide o Lettar-Writing should reinforce that truth by banning the due Sternberg,animal behaviorist Abuse Factsheet chaining of dogs' Literature Legal Shelter for Your Dog'Flier Make your community a safer place for both dogs and humans.Read the laws Photos that have been passed by other communities am what officials in those Finding the Right Homo'communites are saying about their laws,and get started on chancing your area BrochureVictoriesforthebetter] Videos Please also print this booklet,which discusses the nett for othering ordinances. Q 'Unsupervised Animal Brochure The teat is net copyrighted,and you are encouraged to use it however you wish, including in letters o the editor of your newspaper in response to stories about Q 'Save Our Strays'Fier neglected dogs or dog attacks and in correspondence with your local officials about passing laws in your honlelown.Chained Dog Brochure SPAY Aso IM You can improve the lives of doss and cats suffering from cruets air ech (] Sample Ordinances NEU: ATER V1EOtASE Fo rwardEt. DP Forrd this o friends. Q 'Lobbying for Change FactsheetPUEA WORK FOR PE K J Miniature Backyard Dog Poster O.erAew of the Legislative Process'Factsheet Tips on Working With Legislators Factsheet Public Speaking Factsheet I of 2 5/31/2009 5:08 PM A DOG'S LIFE Chaining and Your Community Sample Tethering Ordinances These ordinances represent a cross-section of dog-tethering regulations from across the country. Every community has different needs and will require different standards and different wording. While no ordinance is universally perfect, these samples can be a good starting point for writing new ordinances. Maumelle, AR: Tethering is prohibited; first such law in U.S. Live Oak, TX: Tethering is prohibited; enclosure definition. Tucson, AZ: Tethering.is prohibited; not limited to dogs. Laurinburg, NC: 1-hour limit on tethering; no specific standards for tethering Orange County, FL: Prohibits tethering 9am-5pm & during extreme weather; standards Virginia Beach, VA: Sets 3-hour limit on tethering; standards Baton Rouge, LA: No tethering time limit; sets standards for tethering and yard upkeep San Francisco, CA: No tethering time limit; tethering and shelter standards Los Angeles, CA: No tethering unless dog must be restrained while owner performs task Maumelle, Arkansas Sec. 10-90. Confinement of animals. a) Any person owning animals, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such animal within an adequate fence or enclosure, or within a house, garage or other building. Animals shall not be tied or chained to doghouses or other stationary objects but must be in an approved enclosure. Live Oak, Texas SECTION 10: Animal Restraint is Required. a) It shall be unlawful for any person owning, harboring or in possession of any animal to permit it to be free of restraint either inside or outside such person's premises. b) Any animal permitted to be kept within the City shall not be chained, tied, fastened or other wise tethered to any stationary or inanimate object as a means of confinement and restraint to property. First time violators of this provision may be given one (1) to two (2) days grace without penalty to correct a violation of this provision. Exception from penalty shall not be given in any case where the violation of this provision causes or contributes to the bodily injury of a person or animal. An animal chained; not having food; not having water; not having shelter Aall be considered separate offenses under this provision and each violation1 ?!I WWTshall carry a separate penalty. THE HUMANE SOCIETY OF THE UNITED STATES 2100 L Street,NW Washington,DC 20037 humanesociery.org Printed on 1 0o%postconsumer rerycted paper. c) All animals permitted to be keOpt within the City must be restrained at all times within the owner's premise, by a secure fence, or on a leash or lead. d) Any dogs confined within a fenced yard must have an adequate space for exercise based on a dimension of at least one hundred (100) square feet. Provided further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs meeting the one hundred (100) square feet dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of such enclosure shall be covered with materials to provide the dog with shade and protection from the elements. e) An animal shall not be considered enclosed by a fence or restrained when and if the animal can pass through, under or over the fence, or the gate of the fence is not securely latched. f)A dog that can snap or bite a person through a fence shall not be considered enclosed by the fence or restrained. g) An electronic fence shall not be considered to be a fence, and an electronic leash shall not be considered to be a leash. h)A dog will be considered to be leashed only when the leash is six (6) feet or less in length or is a retractable leash, and is being grasped by an adult, provided that if the dog, is less than twenty (20) pounds then the leash may be grasped by a person who is competent to handle the dog and is over twelve (12) years of age. Tucson, Arizona 1. Sec. 4-3(2). Neglect. The purpose of this subsection is to guarantee that animals under human custody or control are housed in healthy environments:and are provided with proper food, water, shelter, medical care, exercise space and ventilation. Any person owning or having care, control or custody of any animal shall provide: a) That the animal receives daily, food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health. b) That potable water is accessible to the animal at all times, either free- flowing or in a clean receptacle. c) That, except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this section. Any shelter, all bedding and any spaces accessible to the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured, or becoming infested with parasites. d) That the animal receives care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering. e) That the animal is given adequate exercise space as follows: 1) Within an enclosure that shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall Virginia Beach, Virginia Sec. 5-19. Adequate space for animals; time restriction on tethering dogs. a) It shall be unlawful to fail to provide any animal with adequate space. "adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position forthe animal and (ii) interact safely with other animals in the enclosure. b) When a dog is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the dog. The tether must be attached to the dog by a properly applied collar, halter, or harness configured so as to protect the dog from injury and prevent the dog or the tether from becoming entangled with other objects or dogs, or from extending over an object or edge that could result in the strangulation or injury of the dog. Furthermore, the tether must be at least three (3)times the length of the dog, as measured from the tip of its nose to the base of its tail, except when the dog is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the dog, temporarily and appropriately restricting movement of the dog according to professionally accepted standards is considered to be provision of adequate space. c) It shall be unlawful for any dog to be tethered for more than three (3) hours, cumulatively in any twenty-four-hour period. Baton Rouge, Louisiana Sec. 14:203. Minimum requirements for dog and cat pens and yards b) Minimum Requirements for Dog and Cat Yards: 1) It shall be unlawful for any person keeping or harboring animals to fail to keep the premises or dog or cat yard where such animals are kept, free from offensive odors to the extent that such odors are disturbing to any person residing within reasonable proximity of said premises. 2) It shall be unlawful to allow the premises or dog or cat yards where animals are kept to become unclean and a threat to the public health or comfort by failing to diligently and systematically remove all animal waste and fecal material from the premises. 3) It shall be unlawful to allow dogs or cats or premises where dogs or cats are kept to become infested with ticks, fleas, flies or other animal-related parasites, by failing to diligently and systematically apply accepted methods of insect/parasite control as indicated. 6) Tethers used to restrict the animal to the confines of its owner's property shall be minimum length of five (5) times the length of the animal, as measured from the nostrils to the base of the tail. Tethers shall restrict the animal to its owner's property. The area shall be kept free of obstructions to prevent entanglement. No tethered animal shall be allowed to endanger the health, safety or welfare of others. 7) The animal control center shall be empowered to order all animals removed from the affected premises and dog and cat yards until the owner comes into compliance with this section. The animal control center shall be entitled to charge a reasonable boarding fee for animals so held. San Francisco, California SEC. 41.12. DUTIES OF OWNERS OR GUARDIANS. c) The owner or guardian of any animal shall provide proper and adequate food, water, shelter, care, exercise and attention for such animals. 1. SHELTER REQUIREMENTS B. The tether is attached to the dog by a non-choke type collar or body harness at least 10 feet in length which would allow the dog access to food, water and shelter, but free of obstructions. VLos Angeles, California D. Tethering. It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to houses, trees, fences, garages or other stationary or highly immobile objects by means of a rope, chain, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are met: 1) The tethering shall not be for more time than is necessary for the dog owner or custodian to complete a temporary task that requires the dog to be physically restrained fog a reasonable period. 2) The dog must be tethered by a non-choke type collar or a body harness to a tether that is at least three (3) times the body length of the dog, measured from the dog's nose to the back of the hindquarters and which tether is free from entanglement. 3) The dog must have access to food, water and shelter as described above. 4) The dog shall be monitored periodically. z Qpt lenC4 art`, I CYD t L ly •r I S' I w r n 7 7 1 f fi S j. etfling t o know, Sebastl one zdog at time By.Jillicin Rogers e only ones who really understand me are my dogi.!r' said Sebastian Schnuelle, the 38-year- old German-born Canadian who .took 4 the distance-mushing scene by storm this post racing season. Scknmllo, known for his no-nonsense clog-driving abilities ly PS best rec nizod by his wild hair,won the Yukon Quest International Sled in F= cry and followed that up with a second-place finish in the Idilarod Trail Sled Dog Race In March 6. Schnuelle never intended to win the Quost this year Sure,he know his team was solid, but like any*U"033fVl mv3her knows,when the rare opportunity to ritrikoo risky 0;it may 01 sojustlikebeing.round Ike. and! I make sure I be,presents itself,you must seize the moment or spend years regretting it have OS much lime as I can with them.'he said 'They And in Idilarod,he made a choice to forge through a novy storm on the coast Which absolutely do not get soh and if they do,I make sure my kelp-ad stave a%foams behind him and Biwa him the chance to strike for ollyer,second to training makes them hard Lance Mackay,the three4ime champion. Each year I've tighten down the screws a bit more I Schrivello, who owns and operates Blue Kennels outside Whitehorse, Yukon, has like to train dogs,but consciously this your,I upped the about AD race dogs in his yard in addition to plenty of four-quality dogs for excursions onle in training with guests who visit each year from all around the globe he upped the ants not by going faster but by going He doesn't do much of his own breeding, he said, because he doesn't really know slower and longer By the time the Quest come around what he's doing when it comes to that he had 3,800 training miles on his dogs Schnuelle got storied in dogs around 1997 with huskies from Arthur Beck and Sam 'I definitely wouldn't call it standard training,' he Patine out of Yellowknife,Northwest Territories He also got a couple of pups from Larry sold, noting that all of his Mitered dogs ran the Quest Cowboy' Smith out of Dawson City; Yukon One of those young muffs was Tong, a with either him or Mark Slefghlholme. 'I went slowerbelayedleaderthathasfinishedthemajorityofracesthatSchnuellehasdone, but we'll this year than I over have before got back to her later And he still set the Yukon Quest's record finishing in Schnuelle attempted his first Quest in 1999, but he admitted, he was very inexperi• nine days,23 hours and 20 Minutes enced and scratched partway through the race. He took a five-year hiatus to learn all 'I drove the fastest Quest time ever with one of the he c_:.;d and returned to the 1,006milo race across the Yukon and Alaska in 2004 He slowest teams in the race,"he laughed finished 101h that year and, he said,was completely addicted Schnuelle froin.j at around seven or eight miles an Since 2005, he has run the Quest and the Idilarod back to back, not to mention a hour and competed in his races the same way, doing variety of 200,and 300,mile contests. But 2009 will go do"as his best yet and he long sever• to nin%hour runs He rarely stopped of aanributesthattoconsistentyear-round training and a schedule of long, slow runs With checkpoint in the Quest or Iditgrod but Instead chose to shorter tests camp out on the trail where the clogs could get quality I never stop troining,' he said adding that his Ini has evolved and chan_oA rest and he could remain undistracfed 7_ye_o_r7'5v_1TvFncw he's-stickin -wWwriat works tor im. is oAs war or- M philosophyoverthePinor_ y is that I want the dogs to see in train i potation In uneou and when they.aro-home-m-the, If they're I vain- ness a summer at C 9 ac or lour 0 in;I going to we in the race I simulate the le a eason:t erg no grain exert se" We, oul play.an&socialize.-I race situation and then I have the confidence in them tic even admitted to memos or His dogs trial all or once,'of-CWT30 In 1 0 11 a EyciT [hot they'll do what I expect them to do in a race,' he w an as a in way on is cc Pu or, is dogs are nes up bestd I lt explained "Last year, people were laughing almawith part ot raising 6ocTtrainin§-dogswFo-war kha-r-d get-olongan war t a a. — all the long miles I was doing.' nd I you in I og a a s en Ine couch, may don T, he as- His team left the Idilarod re-start in Willow this year, sured motivated and focused al6eil slow.The first rival team mushirgmqazine - 16 - Mqyllune2009 Page 1 of 3 Bill Fabrocini From: "Dawn Shepard" <dawn @dawnshepard.com> To: Bill Fabrocini" <fabrocini.bill @comcast.net> Sent:Wednesday, February 11, 2009 8:02 AM Subject: Fwd: Tethering waiver FYI Forwarded message ---------- From: Dawn Shepard <dawn ,dawnshepard.com> Date: Wed, Feb 11, 2009 at 8:00 AM Subject: Re: Tethering waiver To: "Anderson, Kate" <Kate.Anderson a,ag.state.co.us> Dear Dr. Anderson Thank you for taking the time to read my letter and providing a response. Yes, improvements for puppies have been made at Krabloonik. They have large runs to grow up in but at four months old they too will be placed on a 5 foot chain that, even by your organization's own rules is too short. They will live on this chain most of their lives. You write in your response that, "When the rules were written this type of housing for Arctic dogs was considered normal and usual for the breed and activity. " This really doesn't provide much logical rationale for the current practice of prolonged tethering. When was this rule established? It seems clear to me that it is time to take another look, and at least consider rewriting the rule. There have been rules and practices that were once considered legal and acceptable that if were in place today would be considered cruel and inhumane. Examples are slavery and wife beating. The owner has begun to put up some of his older dogs for adoption at our Animal Shelter. Previously he would take them to a landfill and shoot them. I understand that this practice is legal in Colorado. Some of the dogs that are turned over the Animal Shelter have a difficult time walking in a straight line because of the prolonged time on such a short chain; it can take months to correct their walk. There are many people in my community who feel very strongly about working dogs such as Arctic style dogs, or any dog, who is subject to being tethered on short chains for seven or eight months at a stretch and we are willing to keep pressing this issue. I appreciate that you will bring this issue to your next Advisory Committe meeting Sincerely, Dawn Shepard Aspen CO 5/31/2009 CD SLO-' n0 o Ok -) oU 51o, JJT YkRf) cNl n}b}1. r S 7. v r v T^- f L L' A r r All Prf 1 ti A I r e u pd:r edy e r LL9vyxry ar V J $ r2fg t iRPON a' s' arl nor Tie 1 .., r<:.., IZ If l w z i a t t ,t' i 1, l Y l I 1 Nil r s... k„ w n er Y_. m.. b x r tea;, ., c,: Y - U y+p-.." W.... p. '.- x. pN 4 w G a r`v y fipi r A t k\,a v: 1 II, I A,I, y c _ Z X_. Y r 1 1 1 1 y r r 111 q. e . r e y k r JI a' i v t 4" F Y h ) EN Aa 4 Br X31 , sr l t 9 v, PI p. 7 MEMORANDUM TO: Snowmass Village Town Council FROM: Marianne Rakowski, Finance Director Russ Forrest, Town Manager DATE: June 15, 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: Second 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 Budget 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 Budget That the Town of Snowmass Village 2009 budget be adjusted to the 2009 revised budget using the General Fund Hybrid N2,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 Ist day of June,2009 with a motion made by Lewis and seconded by Wilkinson and by a vote of 5 in favor to 0 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 TOWN OF SNOWMASS VILLAGE GENERAL FUND - BUDGET SUMMARY Nstc Am. vvim fyeo Wfmwn64 2008 mm 206 2009 2009 2009 MFbeN' s BUDGET SUMMARY REVISED ACTUAL VARIAN ffi 1 1 Hybrid# 2 Vdrj H BE62P2111116 CARRYOVER j 1, 730. 856. 56 $ 4, 730, 856% f ( 000) f 5, 173, 155. 56 f 5, 473, 15536 f 5, 994261. 56 S 521, 106. 00 OPE AT7NG REVENUES j 14, 369, 252. 00 f 14, 332, 749. 13 f ( 36, 502. 87) f 14, 738. 02000 f 12. 887, 972. 00 i 12, 441, 08500 $ ( 246. 887. 00) fasp C., M. t4sads T4 NO pw, m s S S f 90, 000. 00 f 90, 000D0 f 90. 000. 00 f I= V19- Per FIA- Opo q Rewssu S 50, 710. 00 $ f ( 50, 71000) f 202, 83800 f 202, 838. 00 f 202. 838. 80 f 8= V19- Per FIA- Ope lq EspeAd S ( 36173. 00) $ f 31173. 00 f ( 152, 69200) $ ( 152. 692. 00) f ( 152, 692. 00) S OPERATING FX/ EIOiTUREB S ( 13 180, 371. 00) f( 12, 643. 691. 03) f 336, 679. 97 i ( 14, 731, 79300) f ( 13, 302, 240. 00) f ( 13, 067, 299. 00) $ 234941. 00 NYt OP." P ar p j 1. 201, 418. 90 f1, 489, 058. 10 f 287, 640. 10 f 146, 373. 00 f ( 274, 122. 00) f ( 266. 068. 00) f ( 11, 946. OD) Capitm Oirwr 3 f 3 f f i f_ No Op. Iv RW VE07- dt6 CgdW j 1. 201 418. 00 f1, 489, 058. 10 f ( 64, 08] 00) f 146, 373. 00 f ( 274. 12z 00) f ( 286, 06 OD) $ ( 11, 446. 00) TOWN MALL IMPACTS TOWN HALL- ADDITIONAL COSTS j j Town Ndl- Tr mfo Ort- CW( design) j 177, 124. 00 $ 252340. 91 S 75, 516. 91 Trim 16011- A.V. m / moviq c S/ FFE j ( 178, 66. 00) $ ( 166, 328. 34) j 12, 557. 6 f ( 25. 000. 00) i ( 25, 000. 00) ONE- TIME REVEMMS ONE- TIME E3mENDITVRES d CONSTRUM MIT S ( 637. 359. 00) $ ( 491. 967. 67) S 145, 391. 33 S ( 456 98. 000. 00) $ ( 159. 488, 00) i ( 61, 46. 00 1 , 00 S 1 , 0.0.0. S 90.8 f Cu. gm sYo^ 00 90, 000. 00 f 90. 00000 f NET REVIROUE/ lEXPB' 3DIT11RE5 459121. 00) S ( 225. 655. 10) S 233. 465. 90 f ( 366. 700. 00) f ( 8, 000. 00) f ( 94. 488. 00) f ( 86ABBOD) ENDING CARRYOVE4 S 5, 473, 155. 56 f 5, 994261. 56 S 521106. 00 S 5, 252A28. 56 3 5, 191. 033. 56 f 5, 613, 705. 56 f 422, 672. 00 BUDGET AFPROPRIATIONS 2006 2006 2008 2OD9 2009 2009 H3Md' s REVISED ACTUAL VARIANCE PROPOSED H* M# 1 1fitm t2 Y83 B DE5I6NATICNS/ RESERVES: INVENTORY S 130. 000. 00 $ 134193. 20 S 4, 393. 20 S 13D. 000DO S 13000000 f 13040000 S PREPAID EXPENSES 50. 000. 00 $ 65161. 32 S 15 761. 32 S S0. 000D0 3 50AW- 00 f 50. 000. 00 f EMERGENCY CONTINGENCY S 291, 56200 f 340, 653. 29 $ 49, 09128 f 291, 562. 00 f 291362. 00 f 291% 200 f CAPITAL EQUIP RESERVE 399, 78640 $ 399. 786. 00 $ f 17324400 f 473 24400 f 473, 244. 00 f TOWN HALL COP- COUGAR CANVON 540. 00040 $ 540. 00D. 00 S 630000DO S 630AW. 00 f 630. 000. 00 f COMP RAN RESERVE f S 61. 488. 00 $ 61. 498. 00 f S f TOWNHALLRE5ERVE S 25. 000. 00 f 25. 00D. 00 $ f f f COIJ7TNGENCY• 151 OF OPERATING REV j 2. 162. 994. 30 S 2, 149. 912. 37 S ( 13, 61. 93) f 2254, 628. 70 S 1, 977, 121. 50 f 1, 940, 011845 f ( 37, 03305) TOTAL APPROPRIATIONS: 3} 74, 342. 30 $ 3, 71639417 S 142, 251. 67 S 3. 829, 434. 70 S 3, 551, 927. 50 f 3314. 894. 45 f ( 37, 03305) FUNDS AVAM- ABU: j 1, 898. 613. 26 f 2271, 667. 39 S 378. 854. 13 S 1, 423. 393. 66 S 1. 639. 106. 06 f 2168, 811. 11 f 459. 705, 05 FUND BALANCE S 5, 473155. 56 $ 5, 99426136 $ 521106. 00 f 5252, 828% S 5391. 83336 $ 5, 613, 703. 96 f 122, 67200 At rtead raa. l.. tl. paid 01 _.- TOWN OF SNOWMASS VULAGE REAL ESTATE TRANSFER TAX ram 440 e+.. ryas 3. 53740005 BUD6ET SUMMARY am 2006 zm 604 751 674 bescPam Ya216v6a WAM a4b 2 VV 75% 7. 3x. 340. qOS bas yMwu CARRYO 1 6. 379, 496. 01 $ 6, 379, 496. 00 0. 00 $ 4, 219. 90. 01 $ 6, 552871. 99 14. 352, 926. 9 $ 5. 762. 671. 99 $ 1. 362. 926. 96 $ 5, 532, 671. 99 $ 1, 362, 926. 96 R3rara 3. 171. 695. 00 $ 3. 142. 124. 67 ($ 29. 570. 131 $!. 001. 716. 00 $ 1, 326. 769. 60 ( 14, 674. 966. 40) f 919. 714. 27 ($ 2. 076. 001. 76) $ 631. 677. 35 ($ 2. 350. UA. W Egodlw 2. 521. 697. 00) ($ 1. 924, 676. 40) $ 767. 016. 60 03. 67502. 0D) $ 01, 657, 913. 00) $ 17. 419. 00 $ ( 3, 132, 273. 00) $ 243, 119. 00 $ ( 3, 137, 69. 00) $ 637. 734. 00 Tr" Oh m- C. Wd pnJr FWA 7. 796. 166. 00) ({ 4. 6x. 457. 09) $ 991. 702. 91 ( SM. 000. 00) s 105, 000. 00) 0. 00 1 ( 413, 467. 00) $ 121. 515. 00 $ ( 411. 465. 00) $ 141. 515. 00 Taw MA- 113. 000. 00) ($ 113. 000. 0$1 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 9.40. V9apa- hr FIA--- R. na. ao 1. 009. 6". 00 $ 903. 414. 60 ($ I". 221. 40 $ 643, 272. 00 $ 340. 000. 00 0166. 272. 00) $ 340. 000. 00 ($ 19, M. 00) $ 340. 000. 00 ($ 152, 272. 00) B. VMW - F.r FIA--- EVMO 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00. 0. 00 6. m YEAR Ro CARRYOVEi1 4, 219.% 5. 01 $ 5. 592. 971. 99 $ 1, 3u. 926. 96 $ 3. 319. 541. 01 $ 3. 036. 726. 59 0462 812. 42) $ 2. 9W. M. 24 0536. 712. 77) 14. 023, 465. 34 04%. 114. 6 AppWMatkn f w 20M 2006 2009 604 754 654 Y.. r End Cm.+.. a RM d9nd- AmEdlam VON 6MAS45716o" Slt Via 754 Cgmth ae. Yai• 2b.. f ) latl C. 9ktl Epdp. rlrt P. ST2." am $ 762." 1. 00 0. 00 $ 790, 229. 00 $ 790. 219. 00 000 $ 790. 229. 00 0. 00 $ 790. 229. 00 0. 00 V& W. ft pk wr R.a. ra. 0. 00 4$1, 000. 00 $ 131. 000. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 AnMmd A. ni3Ah 569. 062. 56 s 669. 062. 56 O. 00 $ 719. 062. 56 0. 00 ($ a19. 062. 55) 0. 00 ($ 619. 052. 9) 0. 00 ($ 719. 062. 56) C- MV . 7 2. 0m, mo. m 2. 000, 000. 00 0. 00 2. 000. 000. 00 2. 000. 000. 00 0. 00 2. 00D, m0. 00 0. 00 2. 000, OW. m 0. 00 Fula_ Ava0aN3 666. 469. 43 $ 1. 80, 396. 41 $ 931. 926.% 210. 29. 43 246. 499. 559 $ 36. 270. 16 $ 190, 59. 24 ($ 19. 630. 19) 233. 197. 34 $ 22.% 7. 91 FUND BALANCE 4. 219. 945. 01 2. 92. 671.% 14. 362. 926. 96 $ 3, 519. 741. 01 $ 3. W67725 59 ($ 432. 612. 42) 2. 98826. 24 I ($ 96. 712. 77) $ 3. 023. 426. 34 ($ 496. 114. 67) 9 RErr Revenues- 2009 2009 Adopted 60% Dowdutlon Hudcat 80% Contimrenw Variance 75% Co" neenev Variance 8sX GordirweMY Variance RETT Revenues $ 2, 620, 369. 00 S 1. 048, 147. 60 $ ( 1. 572. 221. 40) $ 655. 092. 25 $ ( 1. 965, 276. 75) S 9305 . 35 E • 2227. x3. 65) FTA- 5309 Grant 201, 347. 00 142, 822. 00 $ 58, 725. 00) 142, 622. 00 E 58, 725. 00) St 2622. 00 S 58 725. D0) Interest Income 180, 000. 00 5136. 000. 00 S 44. 000. 001 5126. 000. 00 E 154. 000. 001 A 18. 000. 00 TOTAL $ 3, 001, 716. 00 $ 1. 326, 769. 60 f ( 1, 674, 946. 40) S 923, 714. 25 $ ( 2, 078, 001. 75) f 851 677. 35 $ ( 2, 350 038. 85) Base Village Rev' s $ 528, 272. 00 $ 340. 000. 00 S ( 188, 272. 60) S 340, 000. 00 $ ( 186, 272. 00) E 0, 000. 00 $ 88 272. 00 GRAND TOTAL $ 3, 529, 998. 00 $ 1. 688, 769. 60 $ ( 1, 883, 218. 40) f__ 1, 283, 714° 25_ Z ( 2, 288, 273. 75) f 99 , 877. 35 f ( 2, 538, 31•_,0_. 65) C. RETT Expenditures- 2009 2009 Adopted 60% 75% 85% Description Budoet 60% Continaenev Variance 75% Continency Variance 85% Continaenev Variance Buses& Equipment 1, 379, 557. 00 $ 1, 810, 557. 00 3 431, 000. 00 $ 1, 810, 557. 00 $ 431, 000. 00 $ 1, 527, 922. 00 $ 148, 365. 00 Transfer out- GF- Transp 463, 375. 00 $ 305, 868. 00 $ ( 157, 509. 00) $ 305, 866. 00 $ ( 157, 509. 00) $ 305, 866. 00 $ 157, 509. 00) Transfer out- GF- Land 824, 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 $ 20, 000. 00 $ 20, 000. 00 $ Transfer out- Pool/ RecCtr 611, 771. 00 $ 641, 993. 00 $ 30, 222. 00 $ 562, 081. 00 $ ( 49, 690. 00) $ 562, 081. 00 $ 49, 690. 00) Parcel' C- VldeoSurveillance 12, 000. 00 $ 12, 000. 00) $ 12, 000. 00) $ 12, 000. 00) Bus E) pansion 303. 796. 00 $ 303, 796. 00) $ 303, 796. 00) $ 303, 796. 00) Transit Office- Base Vlg 20, 000. 00 $ 20, 000. 00 $ 20, 000. 00 $ 20, 000. 00 $ Bus Depot- Announcement 5, 000. 00 $ 5, 000. 00) $ 5, 000. 00) $ 5, 000. 00) Trans- Radio Plane System 35, OOD. 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 $ ADD' L 2009 Trardout 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 3 ( 57, 479. 00) $ 3, 432, 273. 00 $ ( 283, 119. 00) $ 3, 137, 638. 00 $ 577, 754. 00) Transfer out- CIP- Bus Stops 80, 000. 00 I $ 80. 000. 00 $ I $ 40, 000. 00 $ ( 40, 000. 00) $ 20, 000. 00 $ 60, 000. 00) Transfer out- CIP- Entry Imp 425, 000. 00 $ 425, 000. 00 $ 363. 485. 00 $ ( 61, 515. 00) I $ 363, 485. 00 $ 61, 515. 00) Transfer out- CIP- Wood Road $ Transferout- 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 $ i $ 433, 485. 00 $ ( 121, 515. 00), $ 413, 485. 00 $ 141, 515. 00) TOTAL 4, 230, 392. 00 $ 4, 212, 913. 00 $ 157, 479. 00) L$ 3, 865, 758. 00 $_( 404, 834. 00).$ 3, 551, 123. 00 $ 719, 289. 00) Paid off 6. ft- mm - - -------- J TOWN OF SNOWMAS. S VLLd6E ROAD MILL LEW FUND Non: Minn vcH4 figural arc unfavorobk IMSET SUMMARY 2009 zoos tape S 2009 S DESCRIPTION REVISED ACTUAL VARIANCE BUDGET VARIANCE CARRYOVER 5390, 908. 30) ($ 390, 908. 30) 0. 00 69. 911. 70 92. 189. 64) 108, 101. 341 REVENUES 2, 840, 698. 00 $ 2, 603. 367. 62 237, 330. 38) $ 2, 872. 667. 00 $ 3, 117, 161. 00 244, 174. 00 Base VBRar - Pr"" Tax Ravanuas 0. 00 O. 00 O. OD 0. 00 O. 00 0. 00 EXPENDITURES 2, 393, 876. 00) ($ 2, 264, 948.%) 128, 929. 04 ($ 2, 903, 204. 00) $ ( 2, 626, 318. 00) 276, 886. 00 YEAR ENO CARRYOVER 5.$,, 911. 70 92, 489. 64) ($ 108, 401. 34) 29, 394. 70 438, 353. 36 412, 998. 66 2009 Yea End o 2008 2008 f 2009 End Cenvarar REVISED ACTUAL VARIANCE BUDGET Rsaasd VARIANCE Y______._.____----------------------__ ------------_----------- ___SNOWME. T ROAD RESERVE 0. 00 0. 00 O. OD 0. 00 0. 00 0. 00 WTERFUNO PAYABLE 969. 082. 56) ($ 969. 082. 90) 0. 00 619, 082. 98) 0. 00 919, 082. 98 UNAPPROPRIATED RESERVE 624, 994. 28 5916, 592. 94 108, 401. 34) 544, 477. 28 438, 353. 36 106, 123. 92) F1RND BALANCE 55. 911. 70 52, 169. 64) ($ 108. 401. 34) 1 25.] 91. 70 438, 353. 36 5112. 998. 66 2009 ROAD FUND 2009 2008 Revenues Budge is Variance Properly 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 Budget Revised 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 468, 220. 00 $ 488, 220. 00 $ Total 2, 903, 204. 00 $ 2, 626, 318. 00 3 276, 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: Mime variance figures are unfavorable 2008 2008 2009 2009 2009 DESCRIPTION REVISED Actual Vario BUDGET Contlm" sx# 1 Co tinoencv 92 V0140WA CARRYOVER 624, 698. 44 $ 624, 698. 44 0. D0 $ 442, 128. 44 $ 442, 128. 44 $ 433, 406. 22 ($ 8, 722. 22) REV8% JES 3, 988, 646. 00 $ 3, 895, 648. 76 ($ 92, 997. 24) $ 3, 989, 864. 00 $ 3, 151, 607. 00 $ 3, 156607. 00 5, 000. 00 EXP84brrURES 4, 171, 216. 00) ($ 4. 086. 940. 98) $ 84, 275. 02 ($ 4, 027, D20. 00) ($ 3, 272, 000. 00) ($ 3, 270, 000. 00) $ 2, 000. 00 FUND BALANCE 442, 128. 44 $ 433, 406. 22 ($ 8, 722. 22) $ 404. 992. 44 $ 321, 735. 44 $ 320, 013. 22 ($ 1, 722. 22) Appropriation from 2008 2008 2009 2009 2009 Ysar End Carrvovr' r REVISED Actual BUDGET Continaexr 91 Cmitin" m# 2 Variance RESERVE( 10X of Rev S) $ 398, 864. 60 $ 389, 564. 88 ($ 9, 299. 72) $ 398, 988. 40 $ 315, 160. 70 $ 315, 660. 70 500. 00 UNAPPROPRIATED RESERVE 43, 263. 84 $ 43, 841. 34 577. 50 6, 004. 04 6, 574. 74 4352. 52 ($ 2, 222. 22) FUND BALANCE 442, 128. 44 $ 433, 406. 22 ( 58, 722. 22) 5 404, 992. 44 $ 321, 735. 44 $ 320, 013. 22 1, 722. 22) V TOWN OF SNOWMASS VILLAGE GROUP SALES BUDGET BUDGET SUMMARY Nate: Minus variance figures are unfavorable 2008 2008 2009 2009 2009 DESCRIPTION REVISED Acfiml Variance BV06ET ConHnonxr# 1 Contiaaeaav 92 ymianu 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 EXPENDITURES 1, 348, 172. 00) $ ( 1, 110, 113. 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 Appropniafion from 2008 2x08 2009 2009 2009 Year End Camover REVISED Actual BUDGET Coatinwacv# 1 Canfinoseav# 2 Variance RESERVE ( 10% of Revenues) 136, 240. 40 $ 137, 734. 10 $ ( 506. 30) $ 138, 176. 00 $ 110, 770. 80 $ 115, 270. 80 $ 4, 500. 00 UNAPPROPRIATED RESERVE 192, 120. 21 $ 425, 621. 80 $ 233501. 59 $ 122. 172. 61 $ 27, 52581 $ 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: John Dresser DATE: June 15, 2009 SUBJECT: Extension of Development Moratorium I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Second Reading of an Ordinance extending the moratorium for six months to December 31, 2009. II. 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 Second Reading June 15, 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 Second 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 1 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 Lewis, the second of Council Member Mordkin, and upon a vote of five (5) in favor and none (0) 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 2 ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney 3 MEMORANDUM TO: Snowmass Village Town Council FROM: Joe Coffey, Housing Department DATE: June 15, 2009 SUBJECT: Town Council selection of applicants for Citizens Housing Advisory Committee. I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Town Council will interview and select three citizen applicants to serve on the Housing Advisory Committee. II. SUMMARY OF DESCRIPTION OF PROJECT. The Council requested the Housing Director to assemble a new Citizens Housing Advisory Committee to review and discuss some of the current Housing Guidelines. Attached to this memorandum are four applications from local citizens and I may receive more applications before the June 15th, 2009 meeting. The 2009 Housing Advisory Committee will consist of five members with two members returning from the 2003 Housing Advisory Committee. The two members from the 2003 Committee are Rick Griffin and Robert Goldstein. These two returning members have spent countless hours reviewing and discussing the current Guidelines in 2002 & 2003. Listed below are some of the Housing Guideline Topics that will be discussed. Allowing school and hospital employees eligibility for housing in both rental and sales units. Downsizing within the current deed restricted sales units. Lottery procedures Income and Asset Guidelines Other housing topics will be discussed as well. III STAFF RECOMMENDATIONS Staff recommends the Town Council to select three new Housing Advisory Committee members and direct staff to begin these Housing Guideline discussion meetings right away. If the Council has other housing topics to add to the topics above please communicate these to staff. TOWN OF SNOWMASS VILLAGE JUN ^ q 1009 Application for Housing Advisory Committee f Name:d"Phone: l^AAAki -DemP5z/ Cd-LL. 9?0 -411Y-YI172Email: e d elOP3 zeo3 P/1rrEi Physical Home (ZZ 1 -/}4i((R!)LL ` Permanent Residence?: Address: city SMtsv jKit55 V1 GI. . sr.&nP:FXZ-/S Yes No D Mailing Address: Pe>A Si " ( f If No,place of Permanent Residence: Business Mailing Address: Office Phone: N/A Emall address: V F- Employed With: [--'r(t' Position: Are you Registered to Vote in Snowmass Village: Yes g or No D List the Experience or Education which may qualify you for this position:15. S. L IuG i/VV (N4 KL-7 L ES7k X7 K-67( e) 76 ems^ X105 7`1-r7 y - GM L' /Q e ii 4id0I nV>t 17d5 ?9— U j/. AIC7Kf/C/C 5/2FF //JrE ZZXC 7D5v Al) tloc Why do you wish to be appointed to this position?: r TNRL S 7) /n/ L }yr ftrin/v T {!`7C G L'72ye, dwY 1=7 07 c 77 A, 5 i4.1 C,7Z-7) gr n— v D o 1 acknowledge that I am familiar with the qualifications,duties and responsibilities of the position for which I am applying and, if appointed,I am ready,willing and able to take an oath as well as accepting the responsibili' an nties. o - O3 09 fi4fP(!danfj ign fif ure Date Return to: Housing Department, own of Snowmass Village, Box 6156,Snowmass Village, CO 81615 p:lshoredWsrklboardslapp.b&c 47 Windows Live" Home Profile People Mail Photos More. MSN. (Search the wet Hotmail New I Delete I Mark as . Move to . I Messenger • I Op thedemps2003 @hot... Reply Reply all Forward I I"Cured' Teeth Inbox Junk Citizens committee on employee housing Drafts From: larry dempsey(thedemps2003 @hotmall.com) Sent: Wed 4/22/09 12:16 PM Sent To: rforrest @tosv.com Deleted Hi Russ beam the trig pictures by a mom,tc teeth white Manage folders Confirming our brief phone conversation this morning, I am available sto. Related places and interested in being considered for the committee. I was the Do you h:president and general manager of The Crestwood for 25 years and teeth? Today retired from that position a few years ago. I was a member of the contact list SRA Board of Governors for 20 or more years and its president for several years including the years when the Snowmass Conference Calendar center was conceived, financed and built. I was appointed by town council, as the citizen-at-large, to the committee dealing with wildlife aaoNr r during the Burnt Mountain ski area expansion. I am the owner of a 9nsatP m y 3 bedroom unit at Mountain View. I have been a resident of Your a-nw> ..' , Snowmass since 1973. I will return to Snowmass sometime around Learn the tru A' the end of May or the beginning of June. My cell number is 970- to a mom,tc Privacy 948-8979. I will be out of the country from April 28 to May 16 and 10. white` out of touch by cell phone during that period. My email address is at the top of this email. I can be contacted by email during my travels. DONT Pat Teeth Thanks for your consideration, Larry Dempseyy Windows LiVeTM Hotmail®:...more than just e-mail. Check it out. Learn the se discovered t turned her y white. i http://by I09w.bay 109.tnail.live.com/maii/InboxLight.aspx?FolderID=00000000-0000-0000... 6/3/2009 009/THHUU 03: 17 Phi ALPINE SNOWMASS PAX No, 9709236973 P. 001/001 JUN 0 !'.1009 TOWN OF SNOWMASS VILLAGE Application for Housing Advisory Committee Nan lJAew Home Phone: G/ 2 3 7 rr Y''r,( Email; pKGW c''rc. eF.f:na6e...(,t• v Physical Home Permanent Residence?; Acidness: 3H WrR•ver,-4 City:ST.&ZIP: Yes NO S"oww.. V.'/[%)a Co 8(6/!' Mailing Address: If No,place of Permanent Residence: P rs sss-6 es ausinosa Mailing address: pa a s t Sy,?o S'w.w Office Phone: Q7-3'^-3 G .o a Email address: Employed With:' Position: f P%Me /jF}•vf(C •$NOW.-u4- tr.'f(i I iLC rS:lle.•.1 Are you Registered to Vote in Snowmass Village: Yes fT'or No List the Experience or Educationrrwhieh may quality you for this position: r Fw,.i b 4.n :, a....rlo7« NDvF:.•y it.fp....:.,_. o,,,„s.r M4, lY4y d.f w f e..,Acr ,•'S e :.1( ryRJ* r'' u /e,w.t.'3 , .1•.,,a(,:.C/r; Why do you wish to be appointed to this position?: AA 7p rGc. tywn r^/ fo d .o s u Sho.P tla ra • d`k`w KCr Yr e-Z. TrM • /<'r J ^;9_,. iT OC,T S ea:srt«+ T(,-u`. f``reS r°I'f'cft ouT' . 'r4 r.Qo.S(e " zDocer r. p.,rpen'i F"t_r.ye 'r-D P,7 e,keewTy2 I acknowledge that I am familiar with the qualitcations,•duties and reSponsibilitles of the position for which I am applying and,if appointed, I am ready,willing and able to take an oath as well as accepting the responsibilities and duti k(—o9 applicant's Signature Date Return to: Housing Department, Town of Snowmass Village, Box 6156,Snowmass Village, CO 81815 p;lsharedlciarklboardatapp.b&c MAY 2 " 2009 TOWN OF SNOWMASS VILLAGE K Application for Housing Advisory Committee Name: HomePhone:97Q 90327o7Je551caCrartcler J Emalrjessgrckn(ier atxo.0 +, Physical Home (p'u Deerfield Drive Permanent Residence?: . l Address: CUT. SYk:WniitsSvillI" e )CO 3lb15 ST.BZIP: Yes)( No D Mailing Address: PC Box (oOQ)A- It No,place of permanent Residence: Snowm(k5s\hUacle ,co SIGIS Business Mailing Address: p0 V3p}( 5995 Office Phone: 9-10 0122 02 3c/ 5tlobvmOISSV +lctY co $IGIS 170923 2875Emailaddress:" "0- Employed With: Position: Rock moun+A- ir) Chocolate T-CNOnr Reiki 10, erodiws MCIf r Are you Registered to Vote in Snowmass Village: Yes X or No List the Experience or Education which may qualify you for this position: Z have q bcLc lielor$ deqree in business MCAMgemer. . Z hrwe been mon ginc peZe for over SyYms rAnd Curren+I`I v'er.5ee 3 JS4 es. Why do you wish to be appointed to this position?; Z rd 1l k b(! O (1 c -(h iS Comm;t+ee 'becrx Lt-Se Z -Fee I we are (and have been fcr hec din ivt wrovic Clirectr•cvf wi}I •drabh 1 oust t^1e are spend) more -4irne1y-\*rrre-4inc oukidcXied rues in ado cost on e+4•n • ea le 61 si I acknowledge that I am familiar with the qualifications,duties and responsibilities of the position for which I am applying and, if appointed, I am ready,willing and able to take an oath as well as accepting the responsibilities and duties. 51zzlo9 Applicant's Wnature Date Return to: Housing Department, Town of Snowmass Village, Box 6156,Snowmass Village, CO 81615 p:lsharedltlerldhaarda%spp.b&c f TOWN OF SNOWMASS VILLAGE MAY 2 C Zp09ApplicationforHousingAdvisoryCommittee Name: Homophone: 97-3 CAO r L EmaG: pq.-gyp_ LO"' Physical Home Q Permanent Residence?: Addns I Ot'Z u'I _ate city: c Sr.a ZIP: Yes n No Malling Address: 1 O v17c IIJ`^ 3 t7 I if No,place of Permanent Residence: Business MaiTirtg Address: S-- Ogfoe PPhone: Email address: py ` I Z- EmployedWdh: cl" ' d,lJ don: ` A-es- --- + Are you Registered to Vote in Snowmass Village. Yes or No 0 List the Experience or Education which may quality you for this position: fin. DLI CA' Why do you wish to be appointed to this position?: I acknowledge that I am familiar with the qualifications,duties and responsibilities of the position for which I a applying and,if pointed, am ready,wl7ling and able to take an oath as well as accepting the re, onsibflities and ties. Applica ' Sigyature Date Return to: Housing Department,Town of Snowmass Village, Box 6156,Snowmass Village,CO 81615 p:lsharedlderkUwardslapp.b8c MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: June 15, 2009 (Note: Updated from the June 1, 2009 report) 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 Lot 1, and Lot 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 or staff 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. Open the public hearing and consider public comments on the follow up items concerning the Final PUD; 3. Review any remaining core issues; and 4. Determine if additional information or follow up is desired to adequately review any remaining core issues of the application. Action: It is anticipated that there would be no decision-making action on an ordinance or resolutions at this meeting. However, staff requests that Council determine, after review of the core issues for June 151h meeting, if the attached draft of the ordinance should be scheduled for introduction at the July 6, 2009 meeting. Depending on the outcome of the June 151h meeting discussion, the ordinance draft may need updates to its findings and conditions and action section. Subsequent resolutions for the proposed subdivision exemptions regarding the lot line adjustment and land exchanges together with the re-plat incorporating the exemption items would need to be prepared at least in time for the second reading of the ordinance. IIPage II. BACKGROIUND. In order to provide a historical perspective on the review process times of the Chapel applications, below is a brief chronological listing of the Town's evaluation periods of the Chapel applications for the public record: Town's Sketch Plan review period (1 year, 2 months): March 9, 2001 — Applicant initially submitted a Sketch Plan PUD application; June 11, 2001 —Applicant submitted a revised application; March 1, 2002 — Applicant submitted a modification to the application; the Applicant also requested continuance of the application at the Town Council meeting on December 3, 2001 in order to address and submit new information regarding Town Council concerns related to architecture, height, mass, and scale issues and to allow for an interim joint meeting and Planning Commission review; May 6, 2002 — Town Council approved the modified Sketch Plan via Resolution No. 14, Series of 2002, following their review of the application early in 2002. Town's Preliminary Plan review period (1 year, 6 months): D March 21, 2005 — Applicant initially submitted a completed Preliminary Plan application; May 2, 2005—Joint meeting of Town Council and Planning Commission held; September 12, 2005 — Applicant submitted a modification to the application in response to a Town Council action on Ordinance No. 11, Series of 2005, at an August 1, 2005 meeting regarding the initial application's architecture, mass, scale and height variations; March 6, 2006 — Since this meeting, the applicant submitted three amendments to their application following several meetings of reviews by the Planning Commission and Town Council that were reviewed and accepted at separate continued public hearings on April 17, July 24, and August 7, 2006 via Resolutions Nos. 24, 34 and 37, respectively; September 5, 2006—Town Council approved the Preliminary Plan application as modified, and permitted the applicant to proceed to a Final PUD. Town's Final PUD review period (so far at 6 months) — see the recitals section in Attachment 7 of the draft ordinance. 111. FOLLOW UP DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS INCLUDING SUMMARY OF STAFF FINDINGS AND RECOMMENDATIONS. Below are the core issues or concerns that Town Council expressed the need for follow up at the meeting on May 18, 2009. The applicant has submitted responses in a packet of materials dated June 1, 2009 to those issues or concerns (see separate handout that was received by the Planning Department on June 4, 2009). Considering the report deadline on June 5'h for the June 15'h meeting, staff has attempted to obtain review comments from affected Town Departments and referral agencies particularly on the applicant's waiver request from the building efficiency and Renewable Energy Offset Program (REOP) standards in regard to the proposed snowmelt areas or heated maintenance building (see Attachment 6). 2 1 P a g e Due to the significant packet material of responses and exhibits provided by the applicant, including the applicant's amendment for the parking management plan adjustment that was accepted by Council on June 15t for subsequent review, these items were referred to affected Town Departments and referral agencies for review and comment in time for the subsequent Council meeting on July 6`". As similarly provided in the June 1 s` report, staff has included additional supplemental information either in the body of this report below or in the referenced attachments in regard to a few of the core issues or concerns for evaluation at the June 15'" meeting. Summary of Town Council issues, concerns and comments on May 18`h: 1. Up lighting. Attached is excerpt language in Ordinance 03-18 concerning uplighting standards, some of which were read at the May 18th meeting (see Attachment 1) with applicable staff notations. See the applicant's reasoning dated June 1, 2009 for allowing uplighting to occur. Staff recommendation: According to the Building Department comments and recommendations in Attachment 6, the non-residential Chapel was presumed or interpreted to fall under the lighting standards and restrictions, including uplighting, for 'Commercial and Multi-Family uses'; otherwise, uplighting would be prohibited by the lighting ordinance for other uses. 2. Other lighting. The applicant has provided additional information and details concerning their proposal to light the covered walkways for the proposed building addition. Staff Recommendation: The Building Department indicated that the applicant's lighting plan is acceptable and conforms to the Lighting Ordinance (see Attachment 6). 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 responded as of June 1, 2009 indicating an amendment to the CMP for increased coordination and communication in order to allow ongoing construction activities to occur while events take place. Staff Recommendation: It would appear that with the committed increase in coordination and communication, together with a traffic control person at the construction access where it crosses the trail, these methods should be sufficient to permit ongoing construction when events might take place provided there is no construction staging in the parking area on Lot 2A. 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), which is also included in the applicant's letter dated June 1 st. Staff Recommendation: No comments, other than that due to grade changes the construction staging area or portions of it will likely be visible from Brush Creek Road despite the fence screening. Also see the Town's Environmental Consultant comments (Attachment 6). 5. Fire District bridge weight load capacity 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. See the applicant's response dated June 1, 2009 together with a 3 1Psge letter from their structural engineer that was previously sent to affected referral agencies. Staff Recommendation: See the comments from the Town Engineer dated April 28, 2009 on this matter (Attachment 6). It appears that the bridge design and weight load capacity is now acceptable. 6. Fire District access easement issue. For 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). Staff Recommendation: This issue appears to be a private off-site matter not necessarily involving Town review of the Chapel proposal. On the other hand, and after further review, such an access easement would provide two points of access into the parking area on Lot 2A and potentially relieve traffic congestion during special events. For the public record, the applicant should provide a copy of this 60- foot wide access easement recorded in plat book 13, page 45 and book 431, page 121, and as currently referenced on the Snowmass Wildcat Fire Protection District Governmental SPA Filing #1, to determine if the Town has an interest in such easement. Also, any proposed amendment to this plan would require Town review. 7. Building Efficiency Standards and Renewable Energy Offset Program (REOP) in Ordinance 08-11. Council requested 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. Staff Recommendations: Please reference Attachment 6 for review comments and recommendations from Economic Resources, the Building Department and from the Snowmass-Wildcat Fire Protection District. The comments and recommendations seem consistent and recommends that the portion of the maintenance facility for vehicles should be unheated as now proposed by the applicant, and that snowmelting appears unnecessary. There does not seem to be a need to snowmelt the areas as the fire lane and walk areas are fairly flat and facing south. Also, staff does not recall that the roof form on the south elevation was a major issue earlier, and perhaps the south elevation could be redesigned, or the covered walkway connection between the existing facilities and the proposed addition in the current proposed plans, could be retrofitted to allow the placement of photovoltaic collectors on the roof. 8. 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. The applicant, in their response dated June 1, 2009, believes that the space should not be interpreted as a garage, as it is intended for maintenance and snow removal equipment or vehicles. The applicant now plans to create a partition wall between the workshop/restroom area and the vehicle parking area thus creating separate zones for heated and unheated areas. Staff Recommendation: The applicant should provide updated floor plans to illustrate the proposed partition wall in the maintenance building. Again, reference Attachment 6 for review comments/recommendations from Economic Resources, the Building Department and from the Snowmass-Wildcat Fire Protection District. 9. Snowmelting area proposed. Council requested the amount of area that is proposed for snowmelting. Per the applicant's reponse dated June 1, 2009, 8,225 square feet of snowmelting area is proposed, which is above the exemption limit of 200 square feet per Ordinance 08-11. Staff Recommendations: See comments above. 41Page 10. 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). Staff Recommendation: The applicant's proposal in the Final PUD is consistent with the previous Preliminary Plan findings in Resolution No. 9, Series of 2006, and the applicant's replies dated June 1, 2009 recollect correctly. 11. 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. See the applicant's reasons explained in their June 1, 2009 response. Staff comments/recommendations: 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, also expressed by neighbors, might be the potential lag time between the utility/infrastructure work and the request for a building permit, despite the time period of 18 months of construction per the CMP. It needs to be determined to the satisfaction of Council, considering both the needs of the applicant and the community per the Code, 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 for vested property rights at this time. 12. 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. See the applicant's response in their June 1, 2009 letter. Staff comments/recommendations: Contrary to what the applicant thought was an acceptance by Council on June 1"of the parking amendment in their June 1, 2009 response, staff understood that the amendment was only accepted for referral, review and consideration purposes. In addition, the Preliminary PUD Guide's parking management plan (PMP) previously noted van services and arranged shuttle bus services as a parking management strategy, which is not necessarily a "new' or additional" strategy being offered by the applicant with their parking amendment, with the exception of the valet parking service. Staff recommends that such transit shelter upsizing and lane extension or allocated portion thereof could be considered possible required mitigation if the parking provided for large events reduces substantially against what was previously understood as a shared alternative parking arrangement, in particular if the contingency language in the Preliminary PMP is not carried forward in the Final PUD Guide. 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 possible transit shelter upsizing and the lane extension to Brush Creek Road might offer improved transit convenience for the high-demand parking area on Lot 2A and in particular for special events. However, staff does agree with the applicant that the transit shelter upsizing and the lane extension would benefit others in the area beside the Chapel property and may be more of a community-wide need. Also see the Town Engineer's comments dated May 22, 1009 (Attachment 6) concerning the effects from extending a right turn lane. 5 1 P a - e 13. 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 made an allowance in the noise section of the Final PUD Guide to permit carillon concerts periodically, as noted in their June 1, 2009 response letter. Staff Recommendations: No comments other than that Council may wish to restrict the specific annual number of carillon concerts at this time. Also see the Town's Environmental Consultant comments (Attachment 6). Other remaining core issues: 14. 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? See the Town's Environmental Consultant comments (Attachment 6). Also, 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. 15. 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. 16. Site visit to view plant material locations. 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. A 11" x 17' copy of the plan has been placed in the Council boxes. 17. Parking provisions. The applicant's amendment for parking management plan adjustments was referred to affected Town Departments and referral agencies for review and comments, which are expected in time for the next meeting on July 6, 2009, also per Council's request that an analysis be prepared. 6 1Page 18. Draft Ordinance. Per Attachment 7, staff prepared a draft ordinance for the Chapel Final PUD and accompanying re-zoning to MU-1 that might be premature for this application review. Following review of the follow up topics/issues for the June 15`h meeting, Council may direct that the ordinance be scheduled for formal introduction at the July 6, 2009 meeting. However, the ordinance would likely need updates depending on the results of the meeting on June 15'h. Also be advised that concurrent resolutions for the subdivision exemptions and the final re-plat would be required for review and action at least in time for the second reading of the ordinance. VI. REFERENCE MATERIALS. Attachments (Note: Only Attachments 6 & 7 added from previous report June 18'): 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; 5. Excerpt from staff report dated January 17, 2006 to Town Council regarding explanation of employee housing calculations, requirements and mitigation; 6. Town Department and referral agencies comments and recommendations concerning the applicant's waiver of certain building efficiency and REOP standards in Ordinance 08-11, including Building Department comment on applicant's proposed lighting plan, and the Town Engineer's comments on the bridge design and weight load capacity together with comments concerning the effects on the possible lane extension on Owl Creek Road; The Town's Environmental Consultant also responded with comments dated June 5, 2009; and 7. Draft ordinance, which could be scheduled at Council's direction for introduction on July 6'h, subject to updates dependent on the results of the meeting on June 15`h. Separate attached enclosure: The applicant's a responses dated June 1, 2009 to the issues or concerns expressed by Council May 18, 2009 (The response packet was received on June 4, 2009). 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. 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 schedule the draft ordinance for formal introduction at the next meeting. 7 1 P a -e ATTACHMENT1 PUDExcerptsfromLightingOrdinance03-18 Snowmass ChMeeti g106!5-09 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 lighting 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 M+FJ luminous intensity of each light source; The type of fixture (floodlight, full-cutoff, lantern, recessed, c4pmVA&XC,t a` coach light, bollard, pole, etc.); Estimates for site illumination resulting from the lighting, measured in foot-candies, including minimum, maximum and rJ1F' average illumination; 5. Other information deemed necessary by the Building Official to document compliance with the provisions of this Article. 18-265 C m er 'al & Multi-Famil Li hting Standards. The following lighting s an arts shat be applica e o a non-resi e a o dies, 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-candles. 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. veb ' c. All light sources, which are not fully shielded, shall use other than a clear lens 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 8 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. U tplighting is only permitted if the light distribution from the T is e ec rve y contained by an ovefianging architectural or lang element. SUCK elements may include awnings, dense shrubs or year- 4 round tree canopies which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one fixture per 150 square feet of area and total lamp wattage within a fixture of 35 watts. i. Up lighting of flags is permitted with a limit of two fixtures per flagpole with a maximum of. 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15 feet radius. 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 lighting directed back at a sign or building fagade; Lightinq on above grade decks or balconies, which shall be fully shielded. b `!No exterior light source shall exceed a rating of 60 watts. 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. Ail light 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, fixtureg-ana-751allations s a 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. 1 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 tow-pressure sodium lighting shall be prohibited. 5. Linear lighting (including neon and fluorescent) primarily intended as an architectural highlight to attract attention or used, as a means. of identification or advertisement shall be prohibited. 6. Unshielded floodlights and timer-controlled floodlights shall be prohibited. 8 7. No outdoor fighting 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 light shall be fully shielded with a non-adjustable mounting; b. Lighting for commercial panting 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-candles designated in their 9 i F7 3 M1 OEM 4t: xaxe f It X wl Yrf y fah\ q\\ 7Rry(( Ait . r J .',..:: w :, w - -. ter v3 ATTACHMENT Snowmass Chapel Final PUD TC Meeting 06-15-09 May 18,2009 SNOWMASS CHAPEL Steven Sowles A senrm7Ja•.co.,o,.+p Fife Chief Snowmass Wildcat Fire Department PO Box 6436 NATIONAL Snowmass Village,CO 81615 ADVISORY BOARD Kathy Amold,Carinnuhdr Dear Steve: Joan Bemis.S'mm'vwj W(We Barham Burwell.MMneopwl'i The Snowmass Chapel,Inc.is the sole owner of Lot 2A In the Snowmass Club Subdivision,known Marcia thmncll.Artwira as the Snowmass Chapel Parking Lot and a neighbor to the Snowmass Wildcat Fire District. Kathryn Finlcy,l:hicagn By this letter the Chapel agrees to the terms of a proposed agreement between theGregLykins,Chnwya(cn Snowmass Company,LTD and the Snowmass Wildcat Fire Protection District(SWFPD)Barham Mandrell,Nashville concerning the release of a sixty foot'Access Easement on Parcel 8,Lot 1 of theRobertMcNamara,ir'arh won.l)c Snowmass Club Subdivision.The Chapel will agree to withdraw any and all rights to this J1311 Raaf,SrlaWnla3S Vfhtge easement,which was executed on the 260,day of February,1962 by The Snowmass Linda Rutland,AtBtwrt Company,LTD and signed by James J.Chaffin as General Partner. Paul Schorr,111,New 11"A Barbara Shepard,Caloradu Spriroga We understand that the terms of the release will be documented in a Letter of Intent from Jeanne Stephens,L7wny'htign the Snowmass Company to the SWFPD dated May 18,2009.Based on my discussion Jim Tofrcy,KcrrnrbvnA Rrm h with members of the Chapers Exeeutve Committee,we have agreed that the release will J.W.Vnndcvccr,rx uw be executed when the SWFD files a PUD with the Town of Snowmass Village.The Jcfrwanddl,oaupviga terms of the L01 will include the following agreement by the SWFPD: Nan WiWarreun,&m.-C, Tani Wovd,CvmO.by i) to support the Chapel PUD,which Is now before the TOSV Council, Charles Wyly,A116 2) to become a party to the Snowmass Chapel PUD ApplicWtinfParking Martha,Yacum.$I Dorado.AK Management Plan Adjustment dated May 11,2009, by providing'overflow parking'spaces to the Chapel on certain occasions. 3) to offer an option for the Chapel to purchase,at the cost of construction,two BOARD OFTRUSTP.ES employee units to be built on the SWFPD site at some future date. Joe Farrell David Gadbaw For the good services you provide to our community,we are always thankful. Dirk Gorda Loriannc Henry Sincerely, 13101 Hunter Jim Light.Chnimmn Judi Luubia P , (rM d't- ''"' Howard Rudg6 Guy Rutland.III Chip Scharr.IV Edgell Franklin Pyles,Ph.D. Paul Schorr Sally Talley Senior Chaplain Chairman David Wcks New Sanctuary Council Edgell Franklin Pyles.Ph.D. Claris Marie Caldwell,M.Phil,M.Div. cc: Jim Light,The Snowmaaa Company,LTD. Chaplains James Chaffin,The Snowmass Company,I.M. Chris Conrad,TOSV Planning Department Jeanie r•_Wands Adminiu,w:irr llirrrnv P.O.Box 17169•Snowmass Village.Colorado x1(115.97(-9_3.6192•FAX 970,923.6092•ww%v snowmassehapei.arg ATTACHMENT 4 Snowmass Chapel Final PUD TC Meeting 06-15-09 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 11 SERIES OF 2008 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO ESTABLISH BUILDING EFFICIENCY STANDARDS AND A RENEWABLE ENERGY OFFSET PROGRAM (REOP). WHEREAS, the Town Council supports and promotes energy conservation and the use of energy efficient building practices within the Town of Snowmass Village; and WHEREAS, the Town Council supports and promotes renewable energy generation within the Town of Snowmass Village; and WHEREAS, the Town Council finds it necessary and beneficial to establish building efficiency standards that exceed those required under the Town's Energy Conservation Code, and WHEREAS, the Town Council finds it necessary and beneficial to require on-site renewable energy generation to offset the energy demand of outdoor amenities such as pools and hot tubs, snowmelt systems, and heated garages, and WHEREAS, the Town Council finds it necessary and beneficial to establish in- lieu fee options for property owners that choose not to employ energy efficient building practices, or that wish to build highly energy consumptive outdoor amenities, and WHEREAS, the revenues derived from such in-lieu fees will establish a funding mechanism to facilitate the development of renewable energy generation projects and programs to enhance energy efficiency throughout the Village; and WHEREAS, the Town Council finds that the adoption of this Ordinance is in the best interest of the Town and is reasonably necessary to promote and preserve the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village, as follows: A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by the addition of the following: n r Sec. 18-224. Building Efficiency Standards and Renewable ffset Program (REOP) or 1. Residential Construction 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 TC K\4or AKt4GA4LAL- Page 2 of 6 vq '- r0 44owmA0 J::t40effJ4.. 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 Ii 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 r ired HERS Index, owners may choose to comp, th the HERS In requirements of Section 18- 224.1 . above, and pay a fee o .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. I. 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 a; a residential building project includes exterior energy uses, then a separate and additional be re 2. Non-Residential and Mixed-Use Construction This section shall apply to all non-residential or mixed-use new construction, and to_ any non-residential or mixed-use addition of more than 1 000 square feet. For buildings or i ions up to 5,000 square feet, CCIVIcheck 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 required. a. Based upon total energy usage for the building or addition being proposed, non-residential or mixed-use build o'ects are required to exceed the performance of the own s Enew Code in place at the time the building permit s issue fleaaleastWvfb. i. For building projects pursuing Leadership in Energy and Environmental Design (LEED) certification, energy efficiency 0 requirements and performance reviews may be based upon the 41 standards established by the US Green Building Council (i.e., American Society of Heating, Refrigerating and Air Conditioning Engineers -ASHRAE Standard 90.1). ii. In lieu of achiev in he e energy performance standards wners ma a aa e per square an s a meet thehe pe rmce purs 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.ATW2%a. 44&4 10 " `4"'MA40 This section shall apply to outdoor pools, hot tubs, snowmelt systems, and heated ara es a. At least 50% of the Annual Energy Use accountable to outdoor pools and hot tubs, snowmelt systems, and heated garages, as defined ion 18- 224.3.b and Section 18-224.3.c and in excess-of the "Fee Exempt ea ae'scribed therein, shall e o set with renewable energy generated on site. b. Heated_Gaarra ems. Any garage heated by a boiler or furnace system must be con ro"lied yea se arate thermosta n zone. A REOP fee shall apply for tneSe-TYPBS Or app Ica ions, as described be ow. c. In lieu of oroducing the re uired amount of renewable ever on site, owners ma In actor ante with the following fee scheclule and calculation example: Ninale-Farrilliv Residential En y Use Annual Energy Use Fee Exempt Fee per Tvp BTU/So. Ft Area Above am t Area Snowmeit S em 81,800 200 sq. ft. 34 See Note) Spa 430,000 64s 176 Pool 3 00 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 i 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. AppII is may appeal decisions rega g the necessity of providing snowmelted decks, pa or walkways to the Town's and of Appeals and Examiners.) 08-11 TC Page 4 of 6 i. Multi-Family Residential orgy Use Annual Energy Use Fee Exempt Fee per e BTU/Sq. Ft Area Above Exempt 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 pi 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' oard 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.) 11i. Non-Residential and Mixed Use Energy Use Annual Energy Use Fee Exempt Fee per SF Tvoe 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.) IµA ls CC4>Ar 08-11 TC Page 5 of 6 d. The fees described le above foot asis for exterior energy uses exceeding the"Fee Exempt Area,".if 50% zT-s cTeneroY use is not offset with on-site renewables. Fees shall be MOMTeTann 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. . 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 tha a e. a. Planned Unit Developments that have received Final Approval prior to the active sr no a subject To the provision this Ordinance-- b. The Town Council shall review the fees established by this ordinance within one year of the ordinance's effective date. 8. Waivers. Upon receipt of a written waiver request fr=project basedupon n ouncil may elect to waive any or all of the provisions a 4" findin g 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 t o m'v! 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#10AR031" Snowmass Village on the First Reading on August 4, 2008 upon a motion by Mayor 4z"iW40-C Mercatoris second of Council Member Sparhawk, and upon a vote of 3 in favor and D opposed. Council Members Mordkin and Wilkinson were absent. Ira READ, APPROVED AND ADOPTED, by the Town Council of the town of Snowmass Village on Second Reading on September 8, 2008 upon a motion by Council Member Sparhawk, the second of Council Member Wilkinson, and upon a vote of 4 in favor and Oopposed. Council Member Lewis was bsent. TOW OF WMASS VILLAGE Do la er tons, "yor AT T Rhonda Coxon, Town,Clerk APP OV€D A TO FORM: John Dresser, Town Attorney ATTACHMENT5 Snowmass Chapel Final PUD TC Meeting 06-15-09 Staff Report Employee Housing, Comprehensive Plan consistency and Zoning related matters fv wt't'!a° ! • 1• 06) 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 Findinos: 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 lcies and o 'ectives? Municipa ode, Section 16A-1-50. Comprehensive Plan. b) For th utpose 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 loca ' n not precluded by the Land Use Plan, although spe 'fie aspects or details of the action may not a been contemplated. Exact or precise adherence to the prehensive Plan is not required in or to find consistency. If an action is determined to be consistent 'th the Comprehensive Plan, it m 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 eA 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 inconsis cy is made at any stage of development review, the application shall be either denied, o n the alternative, with the consent of the applicant, the time for action on the application may be su nded for a specific 'od of time to be agreed upon by the Town and the applicant in order to cons' r an amendment to the Co rehensive Plan. Municipal Code Sec. 16A-5-3 . Review standards. In addition to dent 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 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 ' ing aterials, below are policies and objectives that appear germane to the other aspects of project. 8 ATTACHMENT 6 Snowmass Chapel Final PUD TC Meeting 06.15-09 REVIEW COMMENTS RECEIVED FROM TOWN'S ECONOMIC RESOURCES, BUILDING DEPARTMENT, SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT, TOWN ENGINEER, AND TOWN'S ENVIRONMENTAL CONSULTANT Economic Resources Snowmass Chapel Final PUD RE: Waiver request on building efficiency and RECIP standards on snowmelting June 4, 2009 Jim- Garage/Maintenance Building: The Upper Level Floor Plan (dated August 21, 2008) for the proposed Snowmass Chapel Maintenance Building identifies 860 sf of"garage" area. The plans clearly show two vehicles parked in the building. It would seem that any portion of the building used to store vehicles and/or maintenance equipment such as mowers, snowblowers, etc... should be considered a 'garage' use, and therefore subject to the REOP provisions if proposed as conditioned space. However, if the 'garage' area is to remain unheated and thermally isolated from the conditioned 'workshop/restroom' areas by a partition wall,then I would concur that it would not be subject to the REOP Ordinance's provisions concerning 'heated garages.' Snowmelted Plaza and Walkways Pursuant to Mr. Dotson's letter of June 1, 2009, 8,225 square feet of snowmelted plaza, labyrinth and walkway area is proposed. According to calculations provided by The Sopris Foundation and their consultant, Rick Heede of Climate Mitigation Services, snowmelting this area would result in as much as 53 tons of CO2 being released into the atmosphere over the course of each winter. By contrast, shoveling these areas would result in zero (0) CO2 emissions, while snowplow and truck removal would result in less than four (4) tons of CO2 being emitted each winter. As proposed,these areas appear to be relatively flat, with direct southern exposure. Given these conditions, it appears that these areas could be maintained from a snow removal standpoint via more traditional and less impactful methods, such as plowing or shoveling, without compromising the safety of those utilizing the Chapel facilities. Furthermore, given the existence of numerous non-snowmelted fire and emergency access lanes located throughout the Village, it would appear as though emergency access could also be adequately maintained via the less carbon intensive means noted above. It would be helpful to have the applicant clarify whether or not snowmelting of this fire and emergency access lane is an express requirement of the Snowmass Wildcat Fire Protection District. At this point, there does not appear to be a clearly demonstrated community benefit, nor a compelling public safety need to justify an exemption from the REOP provisions concerning 'non-exempt' Snowmelt Systems. To the contrary, it could be argued that requiring the mitigation called for in the REOP Ordinance would effectively serve both purposes by reducing the climate impacts associated with the proposed snowmelt systems. Jason Haber Economic Resource Director Building Department comments Snowmass Chapel Final PUD RE: Waiver request on building efficiency and REOP standards on snowmelting. June 4, 2009 Jim, My response to the questions regarding the Chapel PUD application: Exterior Lighting The lighting plan is acceptable and conforms to the Lighting Ordinance. Maintenance Building With the addition of the partition to separate the garage area from the bathrooms and shop area the building is in compliance with the REOP Ordinance and the IECC. The garage area is to remain unheated and the shop/bathrooms need to comply with all aspects of the IECC, i.e., envelope sheathing, exterior insulation, apppliance effiiciency, lighting, etc. Snowmelting In my opinion, the fire lane areas may be suitable for an exemption but the pedestrian areas only should conform to the REOP Ordinance. The fire lane system should be thermostatically controlled with and approved moisture/termperature sensor. The pedestrian areas should be subject to REOP either utilizing solar hot water collectors or paying the fee in lieu. RECEIVED 06-05-09: 1 agree with Jason on the snowmelting. Mark A. Kittle Chief Building Official Town of Snowmass Village 130 Kearns Road 970-923-5524 mkittle @tosv.com Snowmass-Wildcat Fire Protection District Snowmass Chapel Final PUD RE: Waiver request on building efficiency and RECIP standards on snowmelting June 4, 2009 Jim, Still on vacation, but fire lanes should be snowmelted as indicated. I think others should decide if this is suitable for any energy exemptions. Call me at 963-8147 if you need further from the FD. John Sent from my iPhone Received June 5, 2009: Jim As John Mele is away, Chief Sowles has asked me to respond to the snowmelt proposal for the access road to the new Snowmass Chapel. Jason's presentation is very informative and clear. With the southern exposure and removal of the snow by manual or mechanical means, we believe that the access road could be maintained in a suitable condition such that emergency vehicles could navigate on the road safely and without harm to the public. Furthermore, the Snowmass Wildcat Fire Department does not wish to adversely affect the environment in any way whatsoever. Therefore as per the recommendations of TOSV staff, we shall not require that the access road to the Snowmass Chapel be snowmelted. Feel free to contact me with any questions or concerns. Regards, Frank Rudecoff, Fire Inspector Snowmass Wildcat Fire Protection District 5275 Owl Creek Road P.O. Box 6436 Snowmass Village, Colorado 81615 frudecoff @swfpd.com 970-923-2212x24 office 970-306-2309 cel 970-923-2224 fax Town Engineer comments April 28, 2009 RE: Chapel bridge load Jim The structural engineer for the bridge just sent this email confirming that the bridge is designed for a truck with the axel loads that John Mele' sent them. I think that this is satisfactory response from their engineer. Richard Original Message----- From: Kristen Fox [mailto:KFox@monroe-newell.com] Sent: Tuesday, April 28, 2009 9:01 AM To: Quint Nichol; jmele@swfpd.com Cc: Phil Vaughan; Doug Dotson; Richard Goulding Subject: RE: Bridge Loading All, Attached are John Mele's e-mail with his truck loads and my letter dated 4/1/09 which explains the truck loads used on the bridge design. Comparing the two, the Snowmass Wildcat Fire Protection District loads are identical to the Denver basic load case for their Platform Truck. According to my letter, the bridge design is good for these loads. This should satisfy SGM's remaining concerns on this issue in the memo date April 22, 2009. If there are any additional questions or comments, please call. Thanks. Kristen Fox Associate Principal From: Dean Gordon [DeanG @sgm-inc.com] Sent: Friday, May 22, 2009 5:09 PM To: Jim Wahlstrom Cc: Hunt Walker Subject: Chapel--Owl Creek/Brush Creek Road intersection Went out a looked at the feasibility of creating a down valley turn lane off Owl Creek onto Brush Creek Road. There are potential conflicts with buried utilities and there may be a wetlands hurdle with new fill sections. Both are able to be overcome. There would be considerable fill placed—currently the fill slope is 1.5:1—wants to be 3:1 with a guardrail. That would extend the toe out on the order of 25-30' from current location. That could be shortened with retaining walls to take up the grade change. There is the ability to have a 5-7 car left turn up valley stack before affecting right turns—currently there is a 1-2 car stack before those turns are affected. If we felt there was any chance that we could build a roundabout here in the next few years (the long term solution to this intersection), a contribution to the cost would be an alternative to construction of a extra turn lane. I of 1 6/4/2009 4:26 PM DUNLOP ENVIRONMENTAL CONSULTING, INC. Environmental and Public Health Planning for the Future June 5, 2009 Thomas S.Dunlop President Town of Snowmass Village Jim Wahistrom, Sr. Planner 130 Kearns REC + DPOBox10500WEL Snowmass Village, CO 81615 JUN 0 5 1009 Snowmass vuiage Re: Snowmass Chapel Final PUD Application Community Developmeni Dear Mr. Wahlstrom: Dunlop Environmental Consulting, Inc. has reviewed the above mentioned application as per your request. The specific review was performed on a response the applicant provided to the Town of Snowmass Village (TOSV) as the result of a meeting of the TOSV Council held on May 18, 2009. This review is focused on three points: 1) construction site perimeter fencing type, 2) carillon bell concerts, and 3) encroachment in the 25 ft wetlands setback. 1) The type, design, and camouflage aspects of the construction perimeter fencing appear adequate for the intended purpose of security, construction site containment, and as a visual barrier. 2) The frequency and duration of carillon bell concerts in conjunction with frequency and duration of carillon bell announcements of special events is a TOSV Council decision. The applicant has committed to review the community impacts of the bells after installation and possibly adjusting the pealing schedule accordingly. The Chapel staff is also aware of the TOSV sound level standards. 3) The applicant has committed to restrict all construction impacts of the maintenance building to be outside the wetland area. The applicant also states a belief that the TOSV Council has determined that there is no other suitable site for the structure. Therefore, a variance into the 25 ft setback is being requested. If prudent construction techniques are employed to protect the wetlands and there is no violation of state or federal laws governing wetland protection, approval of this variance is recommended. This concludes findings of this review. Contact me with further questions. Sincerely, Thomas S. Dunlop, MPH, REHS Post Office Box 6289 • Snowmass Village,Colorado 81615 USA at Office and Fax (970) 923-4820 Q printed on reeyeled paper ATTACHMENT 7 Snowmass Chapel Final PUD TC Meeting 06-15-09 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 5 SERIES OF 2009 6 7 AN ORDINANCE CONSIDERING THE RE-ZONING TO'MIXED-USE-1'(MU-1) TOGETHER 8 WITH THE SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT 9 DEVELOPMENT(PUD)INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS. 10 11 WHEREAS, the Town Council accepted on September 5,2006 the Snowmass Chapel 12 modified Preliminary Plan application and permitted the Applicant to proceed to the Final PUD 13 application stage via Resolution No. 9, Series of 2006 (Resolution 9) and waived further 14 requirements for an air quality analysis and a fiscal impact report with the application, unless 15 deemed necessary during the Final PUD application review; and 16 17 WHEREAS, the Town Council granted the applicant's requests for extension of the 18 submission of the Final PUD application on September 4, 2007 and on November 3,2008 via 19 Resolutions No. 19, Series of 2007 and No. 29, Series of 2008, respectively; and 20 21 WHEREAS, the Snowmass Chapel, Inc., formerly known as Snowmass Chapel and 22 Community Center, Inc., ("Applicant") initially submitted on December 11,2008 as updated for 23 completeness on January 26,2009 and formally submitted on February 2,2009,a completed 24 Final PUD application that together includes a formal request to rezone the property to"MU-1" 25 and subdivision exemptions for a lot line adjustment and planned land exchanges with an 26 adjacent property owner, and a final re-plat (which plats would be acted upon by separate 27 resolutions) involving Lot 1 of the Snowmass Interfaith Chapel Subdivision and Lot 2A of the 28 Snowmass Interfaith Chapel Subdivision Re-plat "A" encompassing in total 3.99 acres 29 ("Application"), not including the impacted area onto Parcel 10(golf course)of the Snowmass 30 Club Subdivision, together with associated draft agreements, as generally described or 31 illustrated in as Exhibits"A"through"F,"that include the re-zoning maps,the Final PUD Guide 32 and draft agreements, and/or as incorporated herein by reference; and 33 34 WHEREAS, the Applicant also requests by modification or ratification of the variations 35 from dimensional limitations accepted during the Preliminary Plan stage in the Final PUD 36 application, including exceeding maximum building height, the maximum buildout, and 37 seeking approval for development encroachment,including the maintenance building,into the 38 Town's 25-foot wetland setback area next to Brush Creek; and 39 40 WHEREAS, the Final PUD application has submitted the final design plans for the 41 maintenance building that removes the Special Review provisions for such building in the 42 proposed Final PUD Guide since the final design is proposed at this time; and 43 44 WHEREAS,the Aspen Skiing Company/Snowmass Club Associates,LLC consented 45 on January 14, 2009 to the applications, including the proposed subdivision exemptions for 46 the lot line adjustment and the land exchanges affecting Parcel 10 of the Snowmass Club TC Ord. 09-_ Page 2 of 12 47 PUD Subdivision; and 48 49 WHEREAS, the applications were sent to affected Town Departments and referral 50 agencies for review and comment on February 18, 2009; and 51 52 WHEREAS, the Planning Commission reviewed in particular the rezoning portion of 53 the application on March 18, 2009, together with some of the changes in the Final PUD 54 application mainly involving the maintenance building,and passed Resolution No. 10, Series 55 of 2009 on April 1, 2009 making their recommendations to Town Council; and 56 57 WHEREAS, the Applicant submitted on April 10, 2009 replies, information and 58 updated drawings or plans in response to Town staff and referral agency review comments on 59 the Final PUD and associated applications that were issued to the applicant on March 20, 60 2009, which supplemental information was forwarded to affected referral agencies and to 61 Town Council members; and 62 63 WHEREAS,the Applicant submitted an amendment dated May 11,2009 for proposed 64 parking management plan adjustments, including the elimination of the off-site overflow 65 parking commitment previously offered together with substitute parking management 66 strategies, which was accepted by Town Council via Resolution No. 13, Series Of 2009, on 67 June 1, 2009 for subsequent referral, review and consideration purposes; and 68 69 WHEREAS, public hearings or continuances thereof,were scheduled before the Town 70 Council on May 4, 18, June 1, 15, July 6 and 20, 2009 to review the proposed Final PUD 71 application together with the re-zoning, and the associated subdivision exemptions and final 72 re-plat,to consider the recommendations of Town Staff,the recommendations of the Planning 73 Commission concerning the proposed re-zonings and Final PUD changes, to receive public 74 comment, and to act upon this ordinance; and 75 76 WHEREAS, the Final PUD and the re-zoning applications were processed in 77 accordance with Section 16A-5-220,Amendments to Official Zone District Mal),Section 16A- 78 5-390, Amendment of Final PUD, and Section 16A-5-360, Final Plan, regulations of the 79 Municipal Code. 80 81 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 82 Snowmass Village, as follows: 83 84 Section One: Findings. Based upon the information contained in the Final PUD application 85 for the Snowmass Chapel expansion project and the associated re-zoning,together with the 86 documentation and testimony in the record, the Town Council finds that: 87 88 General Findings: 89 90 1) The Applicant submitted the applications for the Final PUD and Amendments to the 91 Official Zone District Map in accordance with the provisions of the Municipal Code. 92 93 2) The applications provided the Minimum Contents required and included written and 94 graphic materials in sufficient detail pursuant to Sections 16A-5-220(d) and 16A-5- 95 360(c)(2) of the Municipal Code. TC Ord. 09-_ Page 3 of 12 96 97 3) The Applicant has submitted supplemental information during the review process to 98 present changes or updates to the application for the primary purpose of responding 99 to the directions provided by Town Council, Planning Commission and Staff requests, t00 comments, and concerns,with the exception of the proposed amendment dated May 101 11, 2009 for parking management plan adjustments. 102 103 4) Public notification requirements were met in accordance with the requirements of 104 Section 16A-5-60(b) of the Municipal Code. 105 106 Findings related to the requested Amendments to the Official Zone District Map: 107 108 1) The Chapel is an allowed use pursuant to the past PUD or PUD Guide approvals in 109 Ordinance No. 8, Series of 1997, and a Special Review application for such a use is 110 not required in accordance with Table 3-1, "Schedule of Uses," in Municipal Code III Section 16A-3-50. 112 2) Since the Municipal Code no longer recognizes the 'PUD' zone district to be utilized 113 for development or redevelopment proposals, the proposed "MU-1" zone district is 114 appropriate for the site as it prohibits commercial type uses, such as retail sales 115 establishments, business/professional offices, personal services, restaurants and 116 commercial lodging. Those proposed uses, not specifically listed within the "MU-1" 117 zone district land-use table, could be considered accessory uses as previously 118 recommended during the Preliminary Plan stage, since they are acceptably, clearly 119 and specifically noted and listed in the Final PUD Guide as accessory permitted uses 120 under the control of the Applicant/owner rather than as primary permitted uses for the 121 site, which is the case pursuant to the proposed Final PUD Guide. 122 3) As the "MU-1" zone district allows a maximum 1:1 Floor Area Ratio (FAR) in Table 3- 123 2, "Schedule of Dimensional Limitations" of Municipal Code Section 16A-3-50, the 124 Final PUD Guide acceptably restricts the maximum floor area to the accepted buildout 125 variation of 29,700 square feet. 126 127 4) Pursuant to the above noted findings and per Municipal Code Sections 16A-5- 128 300(c)(3) "Uses," under the General Restrictions, the Applicant's proposed "MU-1" 129 zone district of Lot 1 of the Snowmass Interfaith Chapel Subdivision, also to 130 incorporate the associated lot line adjustment and land exchanges via associated 131 resolutions, and Lot 2A of the Snowmass Interfaith Chapel Subdivision Re-plat "A," 132 and as further described or illustrated in Exhibit"A,"satisfactorily meets the following 133 criteria in accordance with Section 16A-5-220(e), "Review Standards" of the 134 Amendments to Official Zone District Map, as follows: 135 136 a) the re-zonings are consistent with the Town of Snowmass Village Comprehensive 137 Plan; 138 b) the zoning amendments are consistent with the purpose of the zone district to 139 which the property is currently developed and/or as designated as existing or 140 proposed via the Final PUD application; 141 c) the amendments are consistent with surrounding zone districts and uses, as the 142 majority zone district surrounding the impacted properties is'PUD,'which in and of TC Ord. 09-_ Page 4 of 12 143 itself incorporates and promotes a mixed-use nature and arrangement of 144 development; and 145 d) Necessary circumstances have occurred such as changed conditions and the 146 demonstration of a community need as part of the consistency with the intent of 147 the Comprehensive Plan. 148 149 Findings related to the Final PUD Plan: 150 1) The application does not conflict with other goals, objectives and policies of the 151 Comprehensive Plan with the exception of the Buildout Chart(Line B66), mass,scale 152 and height variation issues,and the applicant represented that the buildout variation of 153 29,700 square feet, that was accepted with the Preliminary Plan via Resolution 9, 154 would not change or increase, and therefore is acceptable as submitted with the Final 155 PUD. 156 2) Pursuant to the rezoning findings above, the Final PUD Guide acceptably and 157 definitively lists the primary and accessory uses separately, indicating that the 158 accessory uses, such as the administrative/counseling offices, small classes or 159 workshops space and other meeting spaces, shall be operated under the control or 160 auspices of the applicant or the owner of Lot 1 versus being leased to private entities 161 or individuals in order to comply with Table 3-1, "Schedule of uses"in the"MU-1"zone 162 district via Municipal Code Section 16A-3-50. 163 3) As previously recommended during the Preliminary Plan review,the Final PUD Guide 164 acceptably lists commercial lodging as a prohibited use, among other commercial or 165 retail type uses. 166 167 4) The Applicant earlier confirmed in an acceptable manner,as well as per a letter dated 168 June 1, 2009, that the proposed maintenance shed,to be located on the east side of 169 the proposed building addition, will be a space for a workshop, the storage of 170 maintenance related equipment,such as tools,snow blowers, lawnmowers and other 171 similar equipment,and it includes an area sufficient to park a work-related vehicle with 172 a plow. 173 174 , 5) The proposed maintenance facility would double in size from the previously 175 recommended 800 square feet to approximately 1,628 square feet; however, the 176 maintenance building, now on two levels, is acceptably designed to work with the 177 grades by incorporating a basement level while at the same time attaching the facility 178 to the existing golf course restroom that would be remodeled to satisfactorily blend 179 with the maintenance facility design,thus fulfilling one of the previous Town Council's 180 design option conditions during the Preliminary Plan approval. Since the final design 181 of the maintenance building is now being proposed, it is acceptable to review and 182 consider that portion of the application together with the Final PUD versus by separate 183 Special Review application as previously noted in the Preliminary PUD Guide. 184 185 6) The applicant has/has not satisfactorily demonstrated to the satisfaction of the Town 186 Council that exterior finishes proposed on the maintenance building would either 187 match portions of the exterior finishes on the proposed main building addition and/or TC Ord. 09-_ Page 5 of 12 188 complement the architectural style or palette of materials on the adjoining Anderson 189 Ranch property, including a complementary treatment of the exposed foundation walls 190 of the maintenance building, for purposes of achieving aesthetic compatibility. 191 192 7) The Applicant requests a variation from the Town's 25-foot wetland/riparian setback 193 established by Municipal Code Section 16A-4-30(e)(1), "Setback Standards," under 194 the Brush Creek Impact Area. The Applicant's proposed changes in this area, now 195 including the proposed maintenance building, in addition to other development such 196 as underground utilities, roads,trails, bridges and similar facilities are excepted items 197 pursuant to Municipal Code Section 16A-4-30(e)(1)b, "Exception for other necessary 198 structures;' And, concerning the maintenance building in particular, the proposed 199 encroachment into the 25-foot wetland/riparian setback has less of an impact than the 200 other surface development impacting the setback area,and the Town Council applies 201 the Code's 'other types of development' category by super-majority vote via this 202 ordinance,because the applicant has/has not satisfactorily demonstrated,pursuant to 203 Section 16A-4-30(e)(1)d of the Municipal Code,that the encroachment is unavoidable 204 due the location of the creek in relation to the current location of the golf course 205 restrooms that would be attached to and retrofitted with the design of the maintenance 206 building as a whole. 207 208 8) Pursuant to Municipal Code Section 16A-4-310(7),"Off-Street Parking Standards,"the 209 changes to the seating counts in the main building addition from 300 to 320 210 permanent seats at a ratio of 1:3.3 and a decrease of temporary seats from 50 to 30 211 seats at a rate of 1:5,which rates are reasonable, insignificantly increases the parking 212 requirement from 101 to 103 spaces, assuming the building addition operates 213 individually without the concurrent operation in the existing facilities; Further, the 214 application appears to acceptably show the proposed expansion of the parking 215 provided on Lot 2A by 12 spaces as previous recommended during the Preliminary 216 Plan review, thus increasing the overall parking provided on site from 106 to 121 217 spaces, inclusive of handicap parking provisions,making the net cumulative difference 218 on-site between parking requirements and parking provisions negligible when 219 compared to what was proposed during the Preliminary Plan review; and therefore, 220 the Final PUD parking provisions are acceptable; Additionally, as the previously 221 offered off-site overflow parking commitment of 26-32 spaces for larger events has 222 been proposed for elimination with the applicant's parking amendment dated May 11, 223 2009, the applicant's shared alternative parking plan together with substitute parking 224 management strategies have satisfactorily demonstrated compliance with the Code's 225 criteria in that: 226 227 a) the applicant has offered an additional 12 contingency parking spaces on Lot 2A; 228 b) the applicant has offered valet and bus services for special events, also per the 229 identified location for off-site valet parking during these events including the 230 consent from the affected property owner or representative thereof; 231 c) the joint'Parking Lot Use, Maintenance& Improvement Agreement'for the shared 232 usage of the parking on Lot 2A originated in 1998 among the private parties, that 233 include the applicant and adjacent off-site owners and users, has continued to 234 remain in effect; TC Ord. 09-_ Page 6 of 12 235 d) the applicant is willing to coordinate with the Town's Transportation Department 236 concerning usage of public shuttles for special events, subject to reimbursement 237 of reasonable service costs; and 238 e) per the above noted parking management strategies, and the proposed 239 community purpose for a transit shelter and bus pull off lane on Owl Creek Road, 240 the applicant has offered options to automobile usage per Code Section 16A-5- 241 310(c)(2)b. 242 243 9) There are minor exterior finish changes on the main building elevations together with 244 height measurement changes, as they are mainly resulting from minor final grading 245 changes,and the maximum building height and steeple elevations for the main chapel 246 addition remain the same, and the maintenance building heights are acceptable 247 meeting the previously established 40-foot height limitation as measured from existing 248 and proposed finished grades and that all existing and proposed buildings meet the 249 previous maximum average height of 25 feet for the campus as a whole. 250 251 10) Pursuant to Municipal Code Section 16A-4-410, "Restricted housing requirements," 252 the applicant has satisfactorily mitigated the 434 square feet of required employee 253 housing by proposing to deed restrict the existing unit of 649 square feet per the 254 development agreement commitments and the operational restrictions in the 255 declaration of the deed restriction and agreement. 256 257 11) Similar to the findings in the Preliminary Plan Resolution No. 9, the Final PUD 258 application and the proposed variations or modifications thereto to buildout and height, 259 subject to the conditions in Section Three of this Ordinance, acceptably meet and 260 comply with the other review and approval criteria in Municipal Code Section 16A-5- 261 360, Final Plan Review Intent and Issues,Section 16A-5-300(c),General Restrictions, 262 and Section 16A-5-310, Review Standards. 263 264 12) Similar to the findings in the Preliminary Plan Resolution No.9,as the proposal is also 265 an amendment to the previous PUD approval,the Final PUD application also complies 266 with the review standards in Municipal Code Section 16A-5-390,Amendment of Final 267 Plan, as follows: 268 269 a) The proposal is consistent with or an enhancement of the original PUD approval; 270 b) The proposal will not have a substantially adverse impact upon the neighborhood 271 surrounding the land where the amendment is proposed as defined in Resolution 272 9; 273 c) The proposal will not change the basic character of the PUD or surrounding areas 274 because the principle usages on the site are primarily the same; and 275 d) The proposal, per the finding above, complies with other applicable standards. 276 277 13) The community purposes previously offered by the applicant, as would be acceptably 278 implemented per the Final PUD plans or the associated agreements, are satisfactory 279 to justify the variations, and include: 280 281 a) 4,000 square feet of community purpose space in the existing facilities as further 282 described and illustrated in the development agreement; TC Ord. 09-_ Page 7 of 12 283 b) Employee housing over and above the square footage required for mitigation; 284 c) A vehicular bridge and culvert replacement; 285 d) A transit passenger waiting shelter,together with bus pull out and sidewalk along 286 Owl Creek Road; and 287 e) Brush Creek stabilization and habitat restoration and enhancement. 288 289 14) The applicant has addressed or adequately responded to or implemented the 290 conditions of approval in Preliminary Plan Resolution 9. 291 292 15) Concerning the applicant's request for waiver from the Town's Building Efficiency and 293 Renewable Offset Program in Ordinance No. 11, Series of 2008, the applicant has/ 294 has not satisfactorily met the criteria for community benefit, or public safety need 295 concerning the The portion of the waiver requests 296 involving does /does not meet the criteria for community 297 benefit, or public safety need. 298 299 Section Two: Action. Pursuant to the findings stated in Section One of this ordinance,the 300 Town Council approves the following development and agreements,subject to complying with 301 or implementing the conditions outlined in Section Three of this ordinance: 302 303 1) Amendments to the Official Zone District Map. The Town Council hereby approves 304 and ratifies by this ordinance the re-zoning as shown on attached Exhibit "A," 305 incorporated herein, including exchanged land areas totaling 16,334 square feet by 306 separate resolution, for the proposed lots on the accompanying final re-plat also 307 pursuant to a separate resolution, to "MU-1" on Lots 1 and 2A of the Second 308 Amendment Plat, Snowmass Interfaith Chapel Subdivision; Lot 2(Yarrow Park)of the 309 same re-plat shall remain 'PUD' zoning. 310 311 2) Final PUD Plan. The Town Council, having considered all relevant materials and 312 testimony, the Planning Commission's recommendations, Town Staff comments, 313 analyses and recommendations, and public comments, hereby approves the Final 314 PUD Plan application and the modifications thereto for the proposed Snowmass 315 Chapel Expansion Project as further described and illustrated in: 316 317 a) Exhibit "B" Final PUD Guide as incorporated herein and/or its exhibits by 318 reference; 319 b) The Final PUD Plan civil engineering drawings and specifications, water and 320 sewer plans, final landscape plan, architectural building elevations, exterior 321 materials and color schemes, and floor plans; 322 c) The Chapel's parking management plan and the supplemental amendment 323 thereto dated May 11, 2009; 324 d) The Subdivision Improvements Agreement and its exhibits, including the civil 325 drawings, the vehicular bridge and culvert replacement; parking construction for 326 12 additional spaces on Lot 2A, a fire access lane, the transit passenger waiting 327 shelter, together with bus pull out and sidewalk, Brush Creek stabilization and 328 habitat restoration and enhancement; landscaping; and the construction 329 management plan; 330 e) The Development Agreement outlining the provisions of the 4,000 square feet of TC Ord. 09-_ Page 8 of 12 331 community purpose spaces in the existing facilities, the parking agreement 332 provisions including the parking amendment, and the employee housing 333 commitments; 334 f) The deed restriction for the existing employee housing unit; 335 g) Vested Property Rights Development Agreement for a period of_years upon 336 approval of the Final PUD approval via this ordinance; 337 h) All other plans or documents as set forth in the Final PUD Plan application 338 notebook dated January 26, 2009, the supplemental amendment for parking 339 management plan adjustments dated May 11, 2009, and the supplemental 340 responses and information provided by the applicant dated March 30, 2009 and 341 June 1, 2009 in response to staff comments or Town Council issues and 342 concerns, which collectively are incorporated herein by these references. 343 344 3) Building addition height variation. The Town Council approves and ratifies by this 345 ordinance a variation from the maximum permitted building height limitation of 40 feet, 346 per the originally approved PUD, for the building addition as such heights are more 347 particularly described and listed in Exhibit "B," Final PUD Guide, attached hereto, in 348 the affected height tables and the building elevation drawings. The height variation for 349 the building addition is as follows: 350 351 a) South building addition elevation: to an elevation of 8209.27 feet above mean sea 352 level or a maximum height of 46.0 feet from finished grade and 45.1 feet from 353 existing grade. 354 b) North building addition elevation: to an elevation of 8209.27 feet above mean sea 355 level or a maximum height of 58.0 feet from finished grade and 55.6 feet from 356 existing grade. 357 358 4) Steeple height proportion. The Town Council approves and ratifies by this 359 ordinance the steeple height proportionality at 8232.69 feet above mean sea level 360 elevation or a maximum 68.4 feet from finished grade and 68.9 feet from existing 361 grade, including(versus excluding)any appurtenance, as further illustrated in Exhibit 362 B," Final PUD Guide. 363 364 5) Buildout floor area variation. The Town Council approves and ratifies by this 365 ordinance the variation from the Buildout Chart's buildout designation for the 366 Snowmass Chapel expansion and existing campus,collectively,to permit up to 29,700 367 square feet of floor area on Lot 1 of the Second Amendment Plat, Snowmass 368 Interfaith Chapel Subdivision, that incorporates the land exchanges including the 369 adjoining portions of Parcel 10 of the Snowmass Club Subdivision by separate 370 resolutions. Such 29,700 square feet of buildout floor area includes up to 371 approximately 1,628 square feet for a maintenance facility, 1,212 square feet of 372 covered walkway on the existing facility and 2,010 square feet of covered walkways or 373 exterior entryways on the proposed building addition. 374 375 6) Buildout Chart amendment. By approving the buildout variation described above, 376 Town Council directs the Town Staff to amend the Buildout Chart of the 377 Comprehensive Plan in accordance with this ordinance which ratifies the approval of 378 the buildout variation. TC Ord. 09- Page 9 of 12 379 380 7) Development encroachment into 25-foot wetland setback area. The Town 381 Council approves the development intrusion into the 25-foot wetland setback area 382 between the narthex entrance for the building addition and Brush Creek,and between 383 the proposed maintenance building and Brush Creek,as described or illustrated in the 384 application materials. 385 386 8) Waiver from Building Efficiency and the Renewable Energy Offset Program 387 Standards. The Town Council hereby grants/denies the applicant's waiver request 388 for The only portion of the waiver request granted/ 389 denied is for the 390 391 Section Three: Conditions. The Town Council makes the following conditions for the 392 Applicant to comply with or implement: 393 394 1) Considering the loss of the previously offered off-site overflow parking commitment, 395 the applicant shall install and stripe the previously committed contingent 12 additional 396 parking spaces on Lot 2A with the building addition as represented in the applicant's 397 Final PUD plans, prior to the issuance of a Certificate of Occupancy on the building 398 addition in efforts to accommodate potential additional parking demands due to 399 special events. 400 401 2) In order for the applicant's parking management plan and substitute strategies to work 402 more effectively, as represented by the applicant at a meeting on June 1, 2009 with 403 their proposed amendment for parking management plan adjustments to eliminate the 404 previously committed off-site overflow parking 26-32 space parking area, the 405 continued existence of the ongoing 1998 joint 'Parking Lot Use, Maintenance & 406 Improvement Agreement'for the shared usage of the parking on Lot 2A shall remain 407 in effect, 408 409 3) The applicant shall enter into, complete and execute the following agreements or 410 covenants, and on behalf of the Town and prior to execution by the Mayor, the Town 411 Attorney shall review and execute the following agreements for acceptable form and 412 content, for recording purposes at the Applicant's expense following final execution: 413 414 a) Subdivision Improvement Agreement (SIA), in general conformance with the 415 applicant's original Final PUD submission January 26, 2009, as described in 416 attached Exhibit"C"that guarantees the installation of grading and storm drainage 417 facilities, new water and sanitary sewer utility lines; electric, gas, telephone, and 418 cable TV facilities;vehicular bridge and culvert replacement; parking construction 419 for 12 additional spaces on Lot 2A, a fire access lane, transit passenger waiting 420 shelter, together with bus pull out and sidewalk, Brush Creek stabilization and 421 habitat restoration and enhancement; landscaping; associated easements as 422 needed;and the maintenance, repair,default and remedy provisions,including the 423 SIA's exhibits(incorporated herein by reference)for the,a)lot line adjustment plat, 424 b) engineered plans and specifications (civil drawings), c) the transit passenger 425 waiting shelter, d) the Brush Creek stabilization and habitat restoration and 426 enhancement plan,e)landscape plan,f)subdivision improvements cost estimates TC Ord. 09-_ Page 10 of 12 427 which shall be reviewed and accepted by the Town Engineer), and g) the 428 construction management plan submitted with the applicant's letter of June 1, 429 2009. 430 431 432 b) Development Agreement, in general conformance with the applicant's March 10, 433 2009 supplemental submission, as described in attached Exhibit "D," which 434 outlines the provisions for, a) the commitment of community purpose space as 435 offered by the applicant, b) the parking agreement, including the amendment for 436 parking management plan adjustment dated May 11, 2009, and c)the employee 437 housing commitments. 438 439 c) Declaration of Deed Restriction of the existing employee unit, in general 440 conformance with the applicant's original Final PUD submission January 26,2009, 441 as described in Exhibit"E,"that outlines the restriction on the usage and operation 442 of the residential unit including lease and rental rates. 443 444 d) Vesting Property Rights Development Agreement,in general conformance with the 445 applicant's March 10, 2009 supplemental submission, as described in attached 446 Exhibit "F," which shall limit the duration of the vesting of property rights to _ 447 years upon the Final PUD approval via this ordinance. 448 449 5) Prior to commencement of construction,the Applicant shall complete final civil plans 450 and resolve the remaining comments dated April 22, 2009 in attached Exhibit "I," 451 incorporated herein, to the satisfaction of the Town Engineer, including coordination 452 with the Snowmass-Wildcat Fire Protection District concerning the final acceptable 453 design and weight load capacity of the bridge prior to commencement of construction. 454 455 6) The Applicant shall review with the Town's Chief Building Official the lighting plan 456 submitted with the building construction plans to determine conformity with the 457 Lighting Ordinance No. 18, Series of 2003. 458 459 7) The Applicant shall complete all actions or matters, which in the opinion of the 460 Planning Director and the Town Attorney, are necessary to satisfy or dispense with the 461 completion,execution and/or recording of all documents,such as the agreements and 462 the deed restriction for the existing employee unit,that are necessary to implement the 463 conditions of this Ordinance and the requirements of the Municipal Code, before the 464 associated off-site easements, subdivision exemptions and related final re-plat are 465 executed and placed of record. Should disagreements arise that cannot be resolved 466 between Town Staff and the Applicant, the matter shall be referred to the Town 467 Council for final direction and/or determination. 468 469 8) Under the direction of the Planning Director, periodic reviews in the field of the 470 construction details associated with the project shall occur as reasonably necessary to 471 determine compliance with the design character standards specified within the Final 472 PUD approval. The Applicant shall make field adjustments if such adjustments are 473 determined by the Planning Director to be necessary to comply with the Final PUD. 474 The Planning Director may refer matters of this type to the Town Council for direction TC Ord. 09-_ Pagel 1 of 12 475 as necessary to ensure consistency with the representations made by the Applicant 476 during the PUD review process. 477 478 9) Certain refinements, modifications, or amendments to the Construction Management 479 Plan may be required by the Town in response to impacts, complaints or concerns 480 which were not apparent at the time application was made. In addition, the Applicant 481 may find it necessary to notify the Snowmass Village Planning Department of 482 necessary additions, modifications, or amendments to the plan during the course of 483 construction. The changes may be permitted with written approval of the Planning 484 Director, who may refer the matter to the Town Council for final determination. 485 486 10) The Brush Creek trail,or re-routing thereof, shall remain open and operational during 487 construction as described in the applicant's construction management plan. 488 489 11) The Applicant shall provide a copy of any United States Army Corps of Engineers 490 permits required for any wetland or riparian area that would be disturbed by this 491 development, prior to any construction affecting said wetlands or riparian areas. 492 493 12) Town Council authorizes the Town's Planning Directorto modify the Final PUD Guide 494 in attached Exhibit "B" as needed for consistency with the findings and conditions in 495 this ordinance. 496 497 13) Following execution, this ordinance and its exhibits shall be recorded, at the 498 Applicant's expense, with the Pitkin County Clerk and Recorder. 499 500 Section Four: Severability. If any provision of this Ordinance or application hereof to any 501 person or circumstance is held invalid, the invalidity shall not affect any other provision or 502 application of this Ordinance which can be given effect without the invalid provision or 503 application, and, to this end, the provisions of this Ordinance are severable. 504 505 Section Five: Enforcement. Obligations herein this Ordinance shall be binding on the 506 Applicant, its affiliates, successors and assigns. 507 508 INTRODUCED, READ,AND APPROVED on first reading by the Town Council of the 509 Town of Snowmass Village, Colorado on this 6'h day of July 2009, upon a motion made by 510 Council Member and the second by Council Member upon a vote 511 of_in favor and _against. 512 513 READ, APPROVED AND ADOPTED on second reading by the Town Council of the 514 Town of Snowmass Village, Colorado on this 201h day of July 2009, upon a motion made by 515 Council Member and the second by Council Member upon a vote 516 of_ in favor and _against. 517 518 TOWN OF SNOWMASS VILLAGE 519 520 521 522 Bill Boineau, Mayor TC Ord. 09-_ Page 12 of 12 523 524 ATTEST: 525 526 527 528 Rhonda B. Coxon, Town Clerk 529 530 APPROVED AS TO FORM: 531 532 533 534 John C. Dresser, Jr., Town Attorney 535 536 537 538 539 Exhibits proposed for insertion 540 541 542 Exhibits to Ordinance No. . Series of 2009, incorporated herein and/or by reference: 543 Exhibit "A"— Re-zoning exhibits and legal descriptions 544 Exhibit"B"— Final PUD Guide with its exhibits 545 Exhibit "C" — Subdivision Improvements Agreement (with its exhibits incorporated by 546 reference only) 547 Exhibit "D" — Development Agreement, outlining provisions for the community purpose 548 space, the parking agreement (including the amendment for the parking management plan 549 adjustments dated May 11, 2009), and the employee housing commitment; 550 Exhibit "E"— Declaration of Deed Restriction on the existing employee unit 551 Exhibit "F" —Vested Property Rights Development Agreement 552 Exhibit "G"— Buildout Chart revision 553 Exhibit "I" —Outstanding comments dated April 22, 2009 from the Town Engineer. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: June 15, 2009 meeting SUBJECT: CONTINUATION OF PUBLIC HEARING - SNOWMASS CENTER: PRELIMINARY PLAN APPLICATION AND MODIFICATIONS THERETO FOR THE PROPOSED SNOWMASS CENTER REDEVELOPMENT AND EXPANSION PLAN PROJECT. The public hearing for this item was previously continued from January 20, 2009 to June 15, 2009 for what was to be an on-going review of the Preliminary Plan application regarding the proposed Snowmass Center redevelopment and expansion project, pursuant to Municipal Code Section 16A-5-340, Preliminary Plan. The application involved property located approximately 150 feet north of Brush Creek Road and between Upper and Lower Kearns Roads on Parcels A and B, the existing Snowmass Center Parcel A Replat, and Parcels F, G and I of the Faraway Ranch Subdivision (Parcel plat). The Brush Creek Estates single- family area was also part of the project to be located on Parcels H and H-1 of the same subdivision behind and to the north of the Woodbridge Condominiums property. Applicant: Brush Creek Capital Holdings, LLC Representative: Scott Stenman Planner: Jim Wahlstrom I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The purpose of the meeting would be to acknowledge the applicant's withdrawal of the application and related past amendments that were accepted pursuant to the attached letter dated May 14, 2009, and to permanently close the public hearing. II. APPLICABLE REGULATIONS According to Code Section 16A-5-70(2)5e, Withdrawal of application, it states: An applicant shall have the right to withdraw an application at any time prior to the action on the application by the decision-making body." III. OTHER HEADINGS RELATED TO THE TOPICS See the attached correspondence dated May 14, 2009 from the applicant stating their request to withdraw the application including all previously accepted amendments. IV. STAFF FINDINGS AND RECOMMENDATIONS To document the proceedings for the public record, the Town Council may open the hearing since previously continued to June 15`h, acknowledge the withdrawal letter submitted by the applicant in May and then permanently close the hearing. 1 rM RELATED WESTPAC May 14, 2009 Town Council in care of RECEIVED Jim Wahlstrom Town of Snowmass Village MAY 14 2009130KearnsRoad P.O. Box 5010 Jnowmass village Development Village, CO 81615 Community Deve Re: Snowmass Center Redevelopment— Request for Withdrawal Dear Honorable Council Members, Brush Creek Capital Holdings, LLC respectfully requests to withdraw the Snowmass Center Redevelopment Plan Application including all previously accepted amendments. We will no longer be submitting a fourth amendment. We truly appreciate the time and energy Council, Staff and the community has put into the review of the application over the past four years. Thank you for your time and understanding regarding the withdrawal of the Snowmass Center Redevelopment Plan. Sincerely, Scott Stenman VP of Development cc: K. Wong - Related D. Romero —Related WestPac J. D'Agostino—Related WestPac J. Irwin - Related G. Melius— Related WestPac R. Forrest—TOSV C. Conrad—TOS V 16 Kearns Road, Suite 301, Snowmass Village, CO 81615 970) 544-0620 (t) (970) 920-3384 (f) TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: JUNE 15, 2009 EOTC Retreat The EOTC retreat is tentatively scheduled for August 6'". The details for this retreat are being planned. Are there any specific outcomes the Snowmass Town Council would like to achieve in this retreat? Summary of Ongoing and Pending Strategic Actions Last Updated —June 4, 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 July 20, 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 20, 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. Housing 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 Workshop. 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 2'd Reading of a Department Revenue projected revenue by: supplemental budget Reviewing projected occupancy and on June 18th 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 Skittles Operation Council requested a direct discussion with Will review Skittles stakeholder (Aspen Skiing Co, West Pac use in July with Related, Staff, merchants) on hours of Council summer operation for the Skittles. On May 18th, 2009 Council provided direction to operate 7 days a week during a summer period 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 2nd 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, CHAPTER 4 REGIONAL AND COMMUNITY ECONOMICS AND CHAPTER 5 COMMUNITY SERVICES, FACILITIES AND AMENITIES Time: 120 minutes) ACTION REQUESTED OF COUNCIL: Review Chapters 7, 4 and 5 and provide direction, and all the edited Chapters to date. Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Page (TAB - ) Item No. 5 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No.6: 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. 3RD DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AGENDA JULY 6, 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: INCIDENT COMMAND SYSTEM (ICS-402) Time:60 minutes) ACTION REQUESTED OF COUNCIL: Todd Manns & Ellen Anderson . Page (TAB --) Item No. 5: UPDATE FROM ASPEN SKIING COMPANY - SUMMER AND WINTER OPERATIONS Time: 30 minutes.) ACTION REQUESTED OF COUNCIL: Michael Kaplan & David Perry.. Page (TAB ) Item No. 6 WINTER 2009-2010 PARKING PLAN Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Review and give direction to staff. David Peckler .......................... Page (TAB --) Item No. 7: ARTS ADVISORY BOARD PRESENTATION AND DISCUSSION OF TOWN HALL SCULPTURE "TRANSPARENCY" Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Jason Haber.............................. Page (TAB --) Item No. 8: UPDATE ON BASE VILLAGE COMMITTMENTS Time: 60 minutes) ACTION REQUESTED OF COUNCIL: This is a place holder at this time, more info to follow 07-06-09TC Page 2 of 2 Item No.9: COMPREHENSIVE PLAN — CHAPTER 3 AND CHAPTER 10 Time:45 minutes) ACTION REQUESTED OF COUNCIL: Review and give direction to staff. Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Page (TAB ) Item No. 10: MANAGER'S REPORT Time: 10 minutes) Russell Forrest.......................... Page (TAB--) Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB--) Item No. 12: APPROVAL OF MEETING MINUTES FOR:AND Page (TAB--) Item No. 13: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No. 14: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 4 hours and 45 minutes (excluding items 1-3 and 11 -14) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. rESun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 Town Council Meeting 400 .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. 1 1 FSun Mon Tue Wed Thu Fri Sat 1 2 3 4 Town Offices 4T" OF JULY Closed in celebration of Independence P \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 14eatow {fie, ATTACHMENT TO ITEM NO . 9 THE SNOWMASS CHAPEL, ITEMS INCLUDED ARE : Chapel's Final Landscape Plan — for Council to inspect site individually or as a group to view the staked locations of the trees on and off the Chapel site per the Council's condition of approval during the Preliminary Plan acceptance. AND Applicant's replies and referenced exhibits dated June Vt (received June 4th) in response to the Staff or Town Council issues/topics/concerns raised during the May 18th meeting. We didn't get around to following up on these matters at the June 1St meeting due to the applicant's proposed parking amendment. FOR THE JUNE 15, 2009 AGENDA 4 gg. 9r z I N oisoe 06 pew y R e o N1\ Vz7p y CI " ig SZ O C V) 8 tl c A oil VI Cg R r Gy Ql " " z8° 8mia°y gP Z -L m A I A 911 gp gg o Sg J ` $ +$ D ' i` o ' N s z oz ° b o 8 4a 5 w y . s y m oar C fin ° e rn A ' S s O O O O 0 a fill m fill y oum 11 r r 999 9-4999944x [ 999 4 Y i. `tl r J y '' 7 ice\ r•0 is Alt A Ci1, .i/ '>)/j`\ rte' , w i`,'. I\°.,t\\"\C.\:`` ''\ ai gi6p 1 y 9 r pp Si v Y t9`B __' 1 f,\iA \/. , \\\, f ,/'•/ m \`\ m\ f a /,-^\ r p \ I.73 v\ 1 1 k i qty., Jill I :•\/ M 9 6 LANDSCAPE PLAN r'a 4® 89 SNOWMASS CHAPEL CD g Town Of sn°wmua Wage,Coromdo 7 8 w. wR n .r mrsrvrswiaii.m.M RECEIVED JUN 0 4 2009 snowmass vwage June 1, 2009 Community Development Jim Wahlstrom Senior Planner Town of Snowmass Village 130 Kearns Road Snowmass Village, C) 81615 Dear Jim: Below are Snowmass Chapel, Inc. responses to the various questions and items raised by the Town Council at the May 18 and June 1 meetings. I hope that this provides a thorough response and that the Town Council determines that all questions of public interest and concern have been successfully addressed. 1.Uplighting The Chapel requests that the Town Council approve the lighting plan recommended by the professional lighting consultant. We understand that the Town Code provides a standard for general application in the community. However, the PUD Plan does allow for certain variations from the strict application of the Town's land use and development regulations. The Chapel Board believes that there is good reason to allow the proposed lighting plan. First, a professional lighting consultant developed this lighting plan specifically for this site. (We did not have this consultant on board at the time of the Preliminary Plan review.) The purposes of the overall lighting plan are provided in Attachment A. The uplighting of a limited number of trees near a main walking path provides some vertical surface illumination for orientation and safety. Why could this not be achieved with walkway bollard lighting? The entire lighting concept is a low lumen package — less than otherwise allowed under the Town Code. To keep all of the surrounding illumination at such low levels, it is necessary to provide some vertical surface illumination. The proposed lighting plan uses a combination of low output sources and combines them in ways that facilitate sight and orientation so that this project can be functional for all users at such low lighting levels. The design takes into consideration the following: Page 1 a.The area for uplighting is about 600 square feet. b.Due to the placement of the trees and up-lighting fixtures, this light will not be visible from other properties or any public roadway. The three buildings on the property effectively block the view of the uplighting from both Brush Creek Road and residential properties to the north and west. From the south and the Anderson Ranch area, dense vegetation along Brush Creek blocks those views. There will be little if any impact to residential properties on the hillside to the south of Owl Creek Road due to distance and the fact that the dense canopy of the proposed crabapple trees traps the light under the canopy. If any of these properties are affected by the project lighting, it will from the glow of the new Sanctuary's interior light source rather than the proposed uplighting. The lighting consultant notes that the internal building lighting, while visible from a distance, is not sufficient to light the walking area of the outdoor plaza. Internal illumination is designed specifically so that the lumens are contained in the building envelope. Therefore, minimal exterior lighting is need for basic safety purposes. C.The fixture proposed for uplighting beneath the tree canopy is only 107 lumens. It is completely beneath a tree canopy and is focused entirely on the canopy. This is lower than allowed luminance levels of the Town. Because the lighting consultant has designed an overall low level lighting plan, of which the uplighting is a component, there will be better safety and functional lighting for people coming from and going to the facilities during nighttime hours. d.The type of tree proposed to shield the uplighting is dense with a low canopy. Lighting will be captured under the canopy and will not splay into the night sky. e.All exterior lighting will be controlled by timers and specific hours during which exterior lighting can be used is stipulated in the Final PUD Plan. f.Any impact of the proposed uplighting will be contained within our property. During the Preliminary Plan review, Snowmass Chapel worked with the Town to identify site lighting issues. The Town Council may recall that the Preliminary Plan allows exterior lights north of the Community Center and new Sanctuary along walkways. Those lights, which we chose to eliminated from the Final PUD Page 2 Plan, would have more impact on the surrounding community that the proposed uplighting. Finally, as noted in the staff report, it is arguable that uplighting 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 nor multi-family. As was discussed at the June 1 meeting, the Code does not address public, quasi-public and non-profit uses adequately. The PUD Plan does allow for certain variations from the strict application of the Town's land use and development regulations. SCI requests that the Town Council approve the uplighting proposal. 2.Other lighting Matters Staff notes that the lighting plan contemplates covered walkways lighting on both sides of the new Sanctuary addition via downcast soffit/ceiling lighting. Staff would like additional information on these lights. This information is provided in Attachment B. We believe that lighting these areas is critical for safety purposes. These walkways will be used for access to the basement level, where activities such as community counseling services are offered. The lighting consultant has provided a light fixture that is low level and appropriate for this location and purpose. 3.Construction Related Issues a.Construction Coordination with Major Events Staff suggested that SCI incorporate a provision in the Construction Management Plan, 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. SCI believes that this requirement is too stringent, too broad and, as a result, it places undue burdens on this project. Obviously, it is in Snowmass Chapel's interest to consider both the needs of the construction schedule and various activities that occur on its property. The Board believes that this is an internal matter and is addressed best by SCI and its contractor. With respect to activities at Anderson Ranch, which are likely to be the primary interest, the proposed construction management plan has been amended (see Attachment C) to ensure that the project contractor is in Page 3 weekly communication with both Anderson Ranch and the Fire District. This allows the project contractor to take reasonable and appropriate steps to work around nearby events. Much of the construction activity, including the staging area, is opposite SCI's exiting and proposed buildings from Anderson Ranch. We believe that it is possible to be sensitive to nearby events while allowing for construction activity. The answer to this is sensitivity not prohibition. The Construction Management Plan also has been amended to require dialogue between the project contractor and the Town Manager to require reasonable and appropriate construction coordination with major community events. b.Construction Management Plan Perimeter Fencing Staff noted that the Town Council requested additional information about the construction fencing location. A map is attached to the Construction Management Plan showing the specific location of the fence, (see Attachment D). The fence will be eight feet tall. The fence will be chain link with an attached durable green nylon mesh. This material is designed to be durable and can be attached tightly to the fence so it does not come loose or look unsightly. C.Use of the Nordic Ski Trail We understand that the Brush Creek Tail serves as an extension of the Nordic Ski Trail system during the winter months. The construction management plan intends to keep the trail open in the summer for pedestrian use and during the winter for ski purpose or other use that the Town allows. The only interruption will be at the bridge crossing to the site. A traffic control person will be stationed at that location to ensure that conflicts between pedestrians/skier and construction vehicles do not occur. d.Commencement and Continuation of Construction SCI understands the Town Council's concern about a start-stop-start construction progress, particularly in light of recent events. SCI believes that to there are significant differences between this project and other private development projects that have resulted in or are currently creating adverse impacts on the community because they remain Page 4 uncompleted for an extended period. SCI does not believe that this project creates the same type of risks as those projects. The Chapel Board has stated for the record that it intends to construct this project in a single phase. Once construction commences it is SCI intent to progress through to completion in a timely manner. More than likely recent private development projects intended the same outcome. This project is different for the following reasons: i. SCI commits to the Town that it will not start construction of the project until at least ninety (90) percent of the funds necessary to complete the project are in hand. ii.The Final Subdivision Plat, Subdivision Improvements Agreement and all other related documents will not be recorded until the funding commitment is reached. Therefore, improvements will not commence until that time. iii. The Subdivision Improvements Agreement requires that a letter of credit be established to ensure completion of the subdivision improvements. Therefore, once the Plat and Subdivision Improvement Agreement (SIA) are recorded, security will be put in place to assure that Town that public improvements will be completed according to the prescribed schedule in that Agreement. (Section 3 of the SIA sets forth the schedule for completing the construction.) This structure should give the Town and public a significant level of confidence that the project will not commence until funding is available and that once it starts the building, site improvements and related public improvements will be completed within a reasonable time. SCI believes that to require this project to take additional steps such as completion bonds, would create a significant burden on Snowmass Chapel. 4.Project Vesting Staff notes that the Town Council seemed to believe that a 10-year vesting could be too much. Will SCI consider a lesser amount of time, or perhaps consider an extension request after the first three years. The vesting consideration is different from the construction impact and mitigation considerations noted above. Vesting simply establishes a period during which the approval remains valid and within which the project can be initiated. Typically, a short vesting period allows the Town to adjust to Page 5 conditions that were unknown at the time of the approval. SCI believes that given the type of project being considered (a non-profit venture provided for the benefit of community residents and visitors) and the manner in which the approval documents are structured, the Town's ability to adjust to circumstances that are unknown at this time is preserved, even with an extended vesting period. SCI believes there is significant justification for an extended vesting in this case. a.As has been noted in previous meetings, this project depends on fund raising that is subject to various economic factors, many of which are beyond SCI's control. Given that we are entering unknown economic times, a short vesting period may be counterproductive to our collective efforts to see this project succeed. b.SCI has already spent about $2 million on development approvals. To require the project to either start over or change significantly due to the lapse of the approval following a short vesting period would be problematic and likely end the project. Therefore, it is important that any current approval granted by the Town be preserved as long as possible to ensure that this project can move forward. One could make the point that a shorter vesting period with the right of extension might be in order. What kind of criteria would the decision to extend the vesting be based on? Typically, a Town Council will want to make sure that adequate security is in place to ensure completion of improvements and that conditions that are unknown at the time of approval can be addressed before the project goes forward. SCI believes that both are addressed in this project - the question is how. As noted in the SIA and in the final plan application, the engineer's cost estimate for all required improvements, which is used by the Town to determine the letter of credit amount that is necessary to secure completion of project improvements, must be updated prior to recording SIA and the Final Subdivision Plat. As proposed, the Town must approve the engineer's cost estimate prior to recordation. Therefore, regardless of a short or long vesting period and no matter what cost escalation occurs during that time, the Town will be assured that sufficient security will be in place in the future to complete the development improvements. Once the project commences, no matter what the length of the vesting, SCI must follow the construction management plan set forth in the SIA. The construction management plan provides a comprehensive approach to construction. However, it is not rigid. It requires the project contractor to meet with the Town and nearby neighbors on an on-going basis throughout the construction process Page 6 to address changing conditions, events and activities. SCI commits in this plan to take into consideration any request from the Town with respect to other reasonable construction management actions not specifically set forth in the plan that will further minimize the effects of construction on the environment and public roads. SCI requests that the Town Council grant a 10-year vesting period. 5.Fire District Issues a.Bridge The Fire District informed the structural engineer that it does not have specific loading specifications for its fire apparatus, but that if the design is sufficient for Denver Fire Department truck specifications it will be sufficient for the Snowmass Wildcat Fire Protection District. The structural engineer has provided written information to the Town Engineer stating that the proposed bridge will accommodate an H-20 loading. The structural engineer stated to the Town Engineer and District that the proposed bridge design accommodates the loading requirements of the Denver Fire Department (see Attachment E). The structural engineer notes that the Denver and Snowmass fire truck lengths are the same. However, there is a weight difference. The Denver truck has a rear axle weight of 31,000 pounds; the 5nowmass truck has a rear axle weight of 27,000 pounds. Again, the structural engineer has provided the information to the Town Engineer, whom has accepted the proposed design. The structural engineer has provided this information to the District. The Town Engineer may wish to provide the findings of its review to the District as well. b.Access Easement Staff also raised the issue of on off-site access easement discussed in a letter dated May 18, 2009 between SCI and the Fire District. The Fire Chief at the June 1 meeting addressed this matter. The intent is for SCI and the District to reach an agreement on additional overflow parking on Parcel 8 of the 5nowmass Club Subdivision (the open space immediately east of the fire station. In exchange for the overflow parking consideration, among other things, Snowmass Chapel will release an access easement across the east end of this parcel that connects Owl Creek Road and the Chapel's parking lot. 6.Building Efficiency Standards and Renewable Energy Offset Program Page 7 a.Timing of Variance Request Consideration Staff questioned whether our variance request from certain provisions of this Ordinance should be considered with a land use application. It is our understanding the Town Council agreed that it is appropriate to provide direction on this request at this time. b.Compliance with the Ordinance Staff raised the question about the use of the maintenance building and whether this use should be interpreted as a garage for understanding how the REOP ordinance applies to this project. We understand that the Town Council questions whether this project should be exempt from certain provisions of this Ordinance. We offer the following for consideration: i. SCI has stated that the proposed Sanctuary and maintenance building will meet applicable energy code requirement. Required calculations will be provided with the building permit application. ii.SCI proposed the "maintenance building" in 2006, several years before the REOP Ordinance was approved. This building will be a space for a workshop, the storage of maintenance related equipment, such as tools, snow blowers, lawnmowers and other similar equipment. It includes an area sufficient to park a work- related vehicle with a plow. iii. The maintenance building (both levels) is approximately 1,650 square feet. The Ordinance requires that any building up to 5,000 square feet shall demonstrate at the time of building permit compliance with the energy efficiency standard in the Ordinance. As stated above SCI will do this. The Ordinance establishes a different standard for heated argages. At least 50%of the heat used in a agragemustbeoffsetwithrenewable energy generated on-site. The garage must be on a separate thermostat/zone. Finally, there is an eight dollar ($8) per square foot REOP fee required. Unfortunately, neither the Ordinance nor the zoning regulations of the Town clearly distinguish a garage from a maintenance building. SCI does not believe that its building qualifies as a garage and, therefore, it should not be subject to these provisions. Page 8 However, to solve this issue SCI proposes to install a partitioning wall between the vehicle parking area and the work shop/restroom in this building. The portioned "garage" area will remain unheated and therefore exempt. The workshop will comply with the requirements of the Ordinance. C.Exterior snowmelt areas The proposed exterior snowmelt area is 8,225 square feet. This includes the plaza and labyrinth immediately south of the Sanctuary and the walkway and steps on the east side of the Sanctuary building that leads to the lower-level community counseling space. Ordinance No. 11 stipulates that at least 50%of the Annual Energy Use accountable to outdoor snowmelt systems in excess of 200 square feet shall be offset with renewable energy generated on-site. The Ordinance states that the Fee Exempt Area for snowmelting shall not apply to 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. Section 8 of the Ordinance does allow the Town Council to consider a waiver of this requirement. It notes "upon receipt of a written waiver request from a project applicant, the Town Council may elect to waive any or all of the provisions of this ordinance based upon a finding of community benefit, or public safety need." SCI requests that the proposed snowmelt system in the plaza, including the labyrinth, together with the sidewalk and steps on the east side of the Sanctuary, (those areas specifically identified in the Final PUD Plan), be exempt from the requirements of Ordinance No. 11, Series of 2008 for the following reasons. i.The proposed plaza snowmelt system is necessary and appropriate for this project. It provides access for all individuals to a desirable and unique year-round public gathering space in the plaza. The labyrinth, which is part of the plaza, provides a unique spiritual (as opposed to religious) pathway that is available to all residents and guests. The combined spaces of the plaza are central to and associated with each facility and user space on the property. 2.The labyrinth is a unique public space, used on a year-round basis. It is not solely a religious function, but a space used by people for many purposes. SCI believes that the labyrinth constitutes a unique community amenity and benefit. Page 9 3.The snowmelted plaza allows safe ingress and egress to the Community Purpose Spaces" within the buildings, as further set forth in a development agreement included with the Final PUD Plan application. The provision of these public use spaces was a condition of the Town Council's Preliminary Plan approval. 4.The entire snowmelted plaza, including the labyrinth, is a designated fire lane required by the Snowmass Wildcat Fire Protection District. It must be provided and maintained to ensure suitable fire and emergency access to all facilities on the property. As such, the proposed snowmelt system meets an important public safety need. 5.The proposed snowmelting of the walkway and steps along the east side of the Sanctuary also is necessary and appropriate for this project. It is essential for ingress to and egress from another public use space, that being the community counseling center space that is located in the basement of the Sanctuary. As discussed during the Preliminary Plan review, a separate and somewhat private entrance to the counseling space is desirable. The provision of the community counseling space also was a Town requirement of the Preliminary Plan approval. SCI believes that the snowmelt system is the best way to minimize maintenance problems associated with snow removal and, therefore, it will help to minimize the liability issues associated with the public use of these facilities. We ask the Town Council to consider that fact that while SCI has historically allowed the public use of its facilities, this is now a Town-imposed requirement under the PUD. In addition to all of the other reasons noted here, helping SCI minimize the liability associated with the public use of its facilities is appropriate. Finally, if SCI wanted to include photovoltaic collectors on its roof, the orientation of the building and roofline is less than ideal for this purpose. We ask the Town Council to keep in mind that through this review process (going back to the sketch plan) the Town determined that this was the best orientation for the buildings and roof. SCI requests that the Town Council exempt the proposed exterior snowmelt area from the provisions of the Ordinance. 7.Employee Housing Calculation Page 10 This matter was discussed in some detail during the Preliminary Plan review. The Town Council established the employee housing requirements in the Preliminary Plan approval (Resolution No. 9, Series of 2006). The proposal in the Final PUD Plan is consistent with Resolution No. 9. In fact, SCI will provide and maintain an employee unit that is slightly larger than anticipated in Resolution No. 9. The Town Council, in 2006, determined that according to Section 16A-4- 410 of the Code the proposed Sanctuary addition, based on the number of new employees needed or projected, would require 434 square feet of employee housing. Most of the jobs/employees required for these facilities exist. Therefore, the employee housing calculation was based on new jobs/employees that would be generated, which was determined to be relatively low. It was determined that SCI should deed restrict the existing 620 square foot dwelling unit in the facility and manage the unit in accordance with the current Town of Snowmass Village Restricted Housing Guidelines. It was agreed that this was an acceptable approach. (While the dwelling unit existed, it was not restricted in any way; nor was employee housing mitigation required for the previous building approvals.) Additional square footage beyond the 434 square foot requirement was considered a Community Purpose item and used, along with other community benefits, to justify the proposed variations from the Code, all of which are incorporated in this Final PUD Plan. 8. Transit Shelter and Bus Pull-Off Lane Extension a.Bus shelter Staff notes that the Town Council requested SCI to consider up sizing the transit shelter along Owl Creek Road to a full-sized facility. SCI has proposed and agreed with many restrictions and limitations on the use of its facilities, a significant parking management plan, and monitoring, review and enforcement provisions for the Town, none of which exist today. We agree that these are appropriate and, by doing so, it allows us to achieve our vision. However, the size of the shelter was discussed in some detail prior to the Preliminary Plan approval. It was agreed that a mid-size shelter was adequate to serve the needs of all of the Chapel buildings, particularly given the restrictions imposed on the use of our facilities. Given our recent amendment to the parking proposal appeared to be acceptable at the June 1 meeting, this request to add more expense to this project seems to go beyond the level of impact created by Snowmass Chapel. It was noted during the Preliminary Plan review that an increased shelter size was partially due to the needs of both Anderson Ranch and the Snowmass Wildcat Fire Protection District. SCI believes that it would be Page 11 more appropriate for the Town to address this matter with these parties in the future when the opportunity presents itself. b.Extended bus pull-off Staff noted that the Town Council asked SCI to consider extending the bus pull off 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. Traffic was discussed in some detail with the sketch plan. A traffic study was presented. It addressed turning movements at nearby intersections. The amount of on-site parking, while it will increase, will result in minimal additional impact on Owl Creek Road. Yet, we agreed with the Town during the Preliminary Plan review that impact mitigation was necessary and appropriate, with the primary considerations being limits on the use of facilities and a comprehensive parking management plan. (In fact, the recent parking management plan amendment, which requires valet parking and alternative shuttling between the Chapel and remote parking, help to further reduce any impact that was previously identified.) SCI agreed to a reasonable bus pull out to accommodate the required bus shelter. The final plan now presented includes all of the previously agreed to stipulations. Following the May 18 meeting, when this additional request was presented, we looked at the need and potential cost of this improvement. We believe that this request requires extensive work and a substantial expense. The message from the Town Engineer generally describes the level of work required. We also looked at the Owl Creek - Brush Creek intersection. We are confident that it is possible now for two westbound vehicles to stage simultaneously at the stop sign on Owl Creek to allow both a left and right turn. We have already accommodated the bus pull out in a reasonable manner. SCI believes that, while the bus lane extension may be a worthwhile improvement, its benefit is primarily for the Fire District and community in general. Staff notes that one of the solutions per the Code for an alternative parking plan is to offer options to automobile usage. We believe that the proposed parking management plan, with the recent amendment that requires the provision of valet and alternative transit services, accomplishes this objective. While staff notes that the lane extension to Brush Creek Road might offer improved transit convenience it has not been demonstrated that it is transit convenience as much as it improves Fire District operations. SCI does not believe it is appropriate or reasonable to attach this additional burden and expense to this project. As with the expanded bus shelter, the Town may have the opportunity to consider this improvement with further development plans in this area. Page 12 9.Carillons Staff notes that the Town Council appeared to accept the idea of carillon concerts. SCI discussed this during the Preliminary Plan and agrees. SCI proposes that the Final PUD Guide allows the use of the carillon bells as follows: Carillon bells are permitted for the following purposes. a.Noon b.Memorials C.Worship services d.Special National and Community Events, such as Memorial Day, 4`h of JUly and other similar activities that involve a celebration of the community and gathering of community residents. e.Weddings f.Carillon concerts Carillon Bell Sound and Impacts on Community a.The duration for each occurrence shall not exceed one minute, with the exception of a carillon concert that shall not exceed fifteen minutes. b.SCI shall use best management practices to ensure that sound emanating from the bells does not create substantial interference with the peace and solitude enjoyed by residents of Snowmass Village. C.Use of the bells is limited to hours between 8:00 AM and 8:00 PM. d.With the exception of the carillon concerts, the use of the carillon bells shall be limited to a maximum of two times per weekday, three times on Saturdays, and four times on Sundays. e.The use of the carillon bells shall be limited to one occurrence for each memorial, worship service, wedding, event or activity. f.The use of the carillon bells may be used at noon time. However, if after a trial of one month there are "significant" community complaints, as determined by the Town Council, SCI will discontinue the use of the carillon bells at noontime on weekdays and Saturdays only. g.The use of the carillon bells for a concert may occur periodically throughout the year for special events, community activities, and holiday celebrations. If the Town Council receives significant and meaningful Page 13 complaints about the use of the bells for concert purpose, SCI will restrict the use of the bells for this purpose to no more than six times per year. h. There shall be a target sound level of 65 dB measured at the property line for the carillon bells. It is recognized that this sound level is a target to ensure acceptance in the community. However, it is also recognized that the bells are unique and it is difficult, at best, to determine the sound levels that will be generated in advance of installation or because of day- to-day environmental conditions. Therefore, following occupancy of the Sanctuary building, site restoration, and installation of the carillon bells, a sound test will be performed by SCI and the Town. If it is determined that the sound exceeds 65 dB, then SCI shall apply to the Town for a variance for this standard. SCI will use reasonable best management practices to attenuate noise generated from the bells and the only criteria that shall be applied by the Town for approving the variance will be that reasonable measures and effort has been carried out by SCI to minimize the impact of noise from the carillon bells on surrounding properties. 10. Wetland Variation for the Maintenance Building Staff notes that the maintenance building encroaches into the 25-foot wetland/riparian setback area. During the Preliminary Plan review, the maintenance building location was defined to be at the end of the driveway on the east side of the proposed Sanctuary. While we did not have a specific architectural design for this building, the location was shown on the plans. The building was within seven (7) feet of the wetland boundary. In the Final Plan, to achieve the Town Council goal of combining the maintenance building and the golf course restrooms, the maintenance building was pushed to the north. The building's location is now about 13 feet from the wetland boundary. SCI believes that is the best location for the maintenance building and it is consistent with the Town Councils stated objective. While it is actually further from the wetland boundary than contemplated during the Preliminary Plan review, a variance is still necessary. The construction impacts associated with the building will be outside of the wetland area. The Chapel's existing maintenance structures are now located within a 25-foot wetland setback. They must be removed to accommodate the development plan and provide and improve fire and emergency access to the property. During the Preliminary Plan review, we determined, and we believe that the Page 14 Town Council agreed, that there is no other suitable location for the maintenance function on the property. We believe that this variance request is consistent with the direction established several years ago when this matter was last considered by the Town. The solution now proposed is less of an impact than might have otherwise been presented. SCI requests that the Town Council approve this variation from the Code. 11. Third Party Parking Agreements At the June 1 meeting, the Town Council asked about incorporating the historical parking agreements into the PUD approval. It is our opinion that these are third-party agreements that must stand-alone. Their participation in a historical agreement cannot be tied to or bound by SCI's PUD Plan. However, we believe that we have actually accomplished the wishes of the Town Council. For example: a.SCI has committed to the Town Council in the form of a binding development agreement that it will make available the minimum number of parking spaces for Anderson Ranch for the same periods of time that the Ranch now has the right to under the third part agreement. b.SO has committed to the Town Council in the same development agreement that it is bound to a management plan for the parking lot that requires it to work with its neighbors to maximize the use of the parking lot. While SCI should not attempt in any way to create any imposition on Anderson Ranch through this approval process, SCI will now be committed to the Town to the minimum requirements of the historical agreements. With respect to the pending agreement with the Fire District regarding potential overflow parking in what is now the open space south of the existing parking lot, this agreement is not complete. While both parties are committed to a solution, we cannot guarantee it before final approval of this project. SCI believe that this should not be a requirement. We believe that with the recent amendment to the proposed parking management plan we are already bound to a workable solution that has enforcement options for the Town. The agreement with the Fire District (if it is executed) will contain a variety of agreements between the parties, not simply parking. Binding these agreements under the PUD approval might make it difficult to change what are private agreements without involving the Town. Finally, we believe that if this agreement is executed, it will simply Page 15 improve upon what we believe has already been deemed a workable parking management plan. SCI request that the third party parking lot agreements not be incorporated in this PUD approval. 12. Valet Parking Program and Agreement with ASC a.Valet Parking The amended parking proposal, as set forth in a letter submitted to the Town, includes a provision for valet parking. The Town Council requested information on how this service will work. SCI has used this valet service in the past on several occasions. SCI or a party using the facilities for wedding and other similar activities will contract with Jay's Valet Parking. This operator has provided service for Anderson Ranch events. The fee for this service is the same regardless of the cars and they have a 4-hour minimum. The cost ranges from $2,000 to $4,000, depending on the number of vehicles involved. Prior to using the valet service and parking in any remote parking lot, the valet operator/SCI shall meet with the Town or the lot owner, as required in the Parking Management Plan to review the on and off-site parking operations for that particular activity. To the extent possible, the scheduling of major activities will take place around the availability of parking at a remote location. SCI hopes that the Town Council understands that the one activity that is difficult to schedule is a memorial service. Service for a significant community member may be difficult to control but every effort will be made to minimize any impact on roads and emergency access to the site. b. Use of Two Creeks Parking A letter from the Aspen Skiing Company has been provided. This agreement allows SCI to use the parking lot for overflow parking and the valet service during times when the lot is not in use by ASC guests and employees. (see Attachment F) Jim, I believe that we have now responded to every question that the Town Council has asked during the previous two meetings when this project was reviewed. Please let us know if you have any questions regarding our response. We look forward to completing the review of this project with you and the Town Staff. The Chapel Board would like to conclude this discussion at the June 15 meeting if possible and receive the initial vote Page 16 from the Town Council. This schedule is critical to meeting our summer fund raising goals. Thank you very much for your consideration and assistance. Please let me know if you have any questions. Sincerely, Dod"g Dotson For The Snowmass Chapel, Incorporated Page 17 Attachment A Lighting Consultant Statement Page 18 W ITTEI. 0, 141 Ll Ll Ll i u w rww:.+.. atornwwsa 1 w' re. sn a vu 1U: I UGNiING% AN 11 1.1 I.VPIVE IAV4v1 Vol\evl IlAlll Select Saint any Select Select Ionv,4\IIrO Ilvm Wavlr YYaI vlPUe WALL MOUNT INDIRECT Style Lamping Optical Package Voltage Select Finish 1 en4:ep ne14n 17150 1p15Cm'140;BA10I7 FT FarraldlmoW 120 IT NNtn 1 17250 I11250V1Ir DCBrY017 I® Plmle Wash 1 277 t Remote IM39 i979N'16 CWG12 VG Ve11¢xl Glaze pi02 wNle MC 11" IM70 WOx16 CIARIGI2 Consuls factory er your P711 Bled Oeam-+ i nl i I SR Saes Agent for PT14 L'gMGlayi / / I 110150 011508'IE LMI1G12 1 loran.._, I OAOfbmePlE lilss. PT23 Aluminum PT31 Melf4nn Blinn I M 0 MC r IWII 1080' 9.50' 1.51' t.88' I 2T750 RI150x 110:fl4Y Cll Additional mrMaA E1WI1010 1080' 1315' 4.51' 1,88'NI EIWT7010 m Remote 27250 M25CWT OCBFV011 Cansenlaslaryoryoer SMSales Apenllar r Ballast ZM150 !71150N'15 CMHIG12 donne. I _14,66 EIWTI001 ( 14139 1113?W Ifi CIAH;'GR n Integral 1M70 --Ol 704 I5 VQVGQ mc n IalMan I I IM750 11!15M I&CLMIG12 f Lens L W 0 YC N I EIWT1012 EMM10Pe to 00- 950- 5,80 N.Inleplel 210150 RI150'i 15CMx'G12 EIWIIU12 15.31' 13,25' 6.33' 1.88'Ballast I Select Sri act any Select Select CEILING MOUNT style Lamping Optical MC 17190 IIIIi715'Ie DC5F1011 FT Farvdlnlm 120 PI f21MN ImelWe, FIETfOM ' 17250 p'r2`ulY I1 P:dH W7 PW Pl4ne l4ash 277_ - _ Remote 1M39 i!19:M'75 DAW512 Cansu6 Mnaryaryoer PT02 Wells Loran I e Ballast IM70 (WDn I5 Cliff Go SMSa/n AOtldler Pitt N6 110150 III ISDM IS LHG19 pnaromeWrller. PT14 Loei GIa 1 P129 nlumiMm L W 0 MG PT71 Me01um&wlm EIC710112 1080 8.50' 4,51 188' EICT1010 10.80' 1315' 4,51" 1.80 Add1000al standard FIC71010 21150 12110'Ia DC BAY 071 aglM0/e. Remotb Loosen lurory,er pnrBallasth1210150IZ15MT6LMNiG12 SM Sales Apenl for Defun- 1—such= details. MC n f I INM 1039'WIb CrAI'2 EICTf00/ P1 IntegralBan 11070 (I)MYT6 SMT GCWIG1 'I I BaNst i 110750 --11115LM14I6 CM4G17 1 Lngm r 1 \I EICT1012 1 1 L W 0 KC Integral — 2MI50 1211SONT60MRIGI2 EICTIM 14.00 950 580' 1,00' F2112SI EICTIO12 1531' 1325' 6.33' 1.BY L Ctaigm W:Wi01h 4.(such AM t MWmm Ce6va Tel 262.242.1426 Fox 262.242.6414 WWW.Spillyhtln6.COm WITTEI Snowmass Chapel A8 Associates inc—, Revisions:50%CD See Section 16500 for complete fixi tires specifications, I ii I IIf Distribution Limit A8 EAST COVERED j WALK ailI I r /,r i t I 611' ii1- Attachment C Revised Construction Management Plan Page 20 Snowmass Chapel 5307 Owl Creek Road Snowmass Village, CO 81615 Sanctuary Addition - Construction Management Plan May 30, 2009 Prepared by: Phil Vaughan Construction Management, Inc. 1038 County Road 323 Rifle, CO 81650 Snowmass Chapel 5307 Owl Creek Road Snowmass Village, CO 81615 Page 1 of 10 Sanctuary Addition - Construction Management Plan Table of Contents I.General Contractor Selection 2. Team Structure 3.Construction Schedule 4.Site Management Procedures A. Site Drainage/ run-off control /ground water B. Hours of Operation C. Communication with Anderson Ranch & Fire Station and Coordination with Major Community Events D. Noise and Lighting E. Traffic Control F.Manpower/Trade Analysis/Employee Parking G. Site Clean-up/Housekeeping H. Fencing and Protection/Staging Areas 1.Safety J.Final Cleanup/Grading/Revegetation 5.Ongoing Coordination and Review by Town of Snowmass Village Page 2 of 10 1. General Contractor Selection Fenton Construction of Aspen, CO has been chosen as the General Contractor for the project. 2. Team Structure The construction team will consist of the following: A. Owner- Snowmass Chapel, Incorporated B. Design Team- Lead Architect - Larry Yaw with Cottle Carr Yaw Architects. C. Owner's Representative/Construction Manager - Phil Vaughan Construction Management, Inc. (PVCMI) D. General Contractor - Fenton Construction 3. Construction Schedule The total construction duration is anticipated to be 18 months. The following is a brief description of the phasing and durations. A. Mobilization and site utilities relocation- 30 days. B. Excavation, forming and pouring caissons or micropiles & stemwalls, backfill- 120 80 days. C. Underslab utilities installation and pouring of interior floors- 30 15 days. D. Steel Erection, wall framing, roof decking, interior framing, roof dry-in- 145 days. E. Rough-in plumbing/rough-in electrical/tele/cable, gas piping- 25 days. F.HVAC rough-in- 80 50 days. G. Stone veneer, windows. wood siding installation- 160 100 days. H. Insulation and drywall installation- 35 days. Page 3 of 10 I I.Exterior grading and preparation and pouring of site concrete- 45 35 clays. J.Interior doors and trim installation- 60 25 days. K. Painting, cabinetry installation, tile and marble installation, hardware installation- 80 50 days. L. Electrical, HVAC and plumbing trim- 30 15 days. M. Carpeting installation- 10 days. N. Punchlist and final cleaning- 30 20 days. O. Final Cl carat p/Irri gat ion/Landscaping- 20 days. The items shown in A through O in many cases occur concurrently. The above items are anticipated to be completed within a 18 month period. We anticipate the date of start of construction to be November 2008 with completion of construction in April 2011. Dedication of the new sanctuary is anticipated to occur in Spring 2011. 4. Site Management Procedures Before any construction occurs on the property: A. Site Drainage/ rum-off control / ground water All site drainage and run-off control will be conducted within the rules set forth by the Clean Water Act National Pollutant Discharge Elimination System NPDES). The primary goal of our Best Management Practices is to protect Brush Creek. Prior to the commencement of any construction on the site, Snowmass Chapel's construction manager or contractor will meet with Town officials to review all aspects of the construction and detailed construction management and best management plan measures proposed in this application that will be used on the site. Snowmass Chapel will take into consideration any request from the Town with respect to other reasonable construction management actions that will further minimize the effects of construction on the environment and public roads. Snowmass Chapel will respond in writing to any request from the Town, describing how it will implement measures suggested by the Town or how it will resolve any potential problems identified by the Town staff. If the Town staff does not find that Snowmass Chapel's response is appropriate, the Town staff Page 4 of 10 may schedule a meeting with the Town Council and Snowmass Chapel to resolve any differences. Snowmass Chapel will agree to conduct a weekly inspection with the Town staff or, as may be agreed to by the Town staff, a review based on site performance of the contractor and determine the effectiveness of the best management practices. Snowmass Chapel also agrees to meet with the Town staff after each large storm water event. Best Management Practices on-site will include: 1.Stormwater Diversion- Runoff shall be controlled and, if needed, diverted away from construction activities. The Town of Snowmass Village has the ability to require detention ponds during construction if actual field conditions support the need for them in order to further minimize the effects of construction on the environment and public roads. 2.Tree & Vegetation Protection- All trees and vegetation that will not be disturbed from construction will be protected prior to commencing construction by a temporary construction fence. 3.Handling and Spill Prevention- Where possible, materials will be stored and handled in covered areas to prevent contact with stormwater. Owner's Representative and Fenton Construction General Contractor shall identify spills and containment and cleanup measures shall be taken. 4.Sediment and Erosion Prevention- Energy dissipating material, such as riprap, will be placed at stormwater outfalls to prevent erosional damage at Brush Creek. Silt fence, straw bales and other stormwater management measures shall be taken to preserve excessive soils erosion by wind or water. All excavated surfaces shall be maintained with adequate moisture to prevent wind erosion. Wash racks will be installed on-site to prevent mud from being tracked onto the Snowmass Chapel parking lot and onto Owl Creek Road. 5.Other Pollution Prevention Measures- Remove trash and debris from site. Keep trash receptacles covered. Fenton Construction will provide one forty yard dumpster on site at all times for general trash waste. Fenton will also provide a bear proof trash enclosure for food waste throughout the course of construction. 6.Inspections will be made every week by the Owner's Representative PVCMI) or after a large stormwater event. Reports will be maintained. PVCMI will direct Fenton Construction General Contractor to correct stormwater management measures within 24 hours of reporting. Page 5 of 10 i 7.In the event a complaint is received by the Town of Snowmass Village, notification will be forwarded immediately to PVCM1. If necessary, an on-site inspection will be arranged within 24 hours of the notice. PVCMI will provide the Town of Snowmass Village with specific actions that will be undertaken to ensure that the problem is corrected and is prevented from occurring again. 8.Snowmass Chapel's construction manager/contractor will ensure that any mud tracked onto the public streets will be removed in a timely manner, which will be no more than four hours. Snowmass Chapel will use the best methods for remove mud from the public roads, which may include a street sweeper or other effective means. 9.Snowmass Chapel will hold a meeting with the Town immediately if and when ground water is encountered during the construction of the new building. The purpose of the meeting will be ensure that appropriate designs and construction measures are used that will protect the surface and subsurface water from contamination from construction activities to the satisfaction of the Town. R. Hours of Operation This project has been scheduled to operate during normal working hours of 7:00 a.m. to 5:00 p.m. Monday through Saturday. Saturday work will be restricted to an "as needed" basis to make tip for weather delays or to accelerate the schedule for the benefit of the project and surrounding community. C. Communication with Anderson Ranch and Wildcat Fire Station and Coordination with Major Community Events. Fenton Construction will provide bi-monthly (updated) week-at-a-glance construction schedules to both Anderson Ranch and the Wildcat Fire Station. Each Monday mid- morning, Fenton Construction's on site superintendent or project manager will hold a brief face-to-face meeting with both parties on scheduling events happening that week concerning major equipment or material drop-off/pick-ups and any items that may effect the use of the parking lot. Fenton will receive input regarding upcoming, significant community activities being held by either party both during that period or in the foreseeable future. Fenton Construction will use reasonable efforts to minimize the effects of constriction a community-oriented event or activity held by either party. Fenton Construction will coordinate with Anderson Ranch for the water utility easement tic in which is located on Anderson Ranch's driveway. The water line tie in will only occur during off season months for Anderson Ranch. At the commencement of any summer or winter season, and periodically throughout, Fenton Constriction will meet with the Town Manager to receive input about major community activities and events. Fenton Construction will review with the Town Page 6 of 10 Manger reasonable and acceptable procedures that will be implemented for such major community events and activities to minimize the impacts of construction. D. Noise and Lighting 1.Noise emanating from the site shall be required to meet the TOSV noise abatement standards found in the Building Code, Section 18-3 and in the Town Code Article VI, Section 10-101. 2.All exterior lighting utilized during construction of the building shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. E. Traffic Control Traffic control during construction of this project should be minimal. Excavation will require dump trucks to travel onto the site and haul materials from the site during excavation of the foundation for the new sanctuary. It is estimated that approximately 6 trucks per hour with maximum peaks of 10 trucks per hour would be moving materials to and from the site. Wash racks shall be utilized on Snowmass Chapel property and thus street cleaning by skid steers will not need to be utilized during construction. Signage on Owl Creek Road and Brush Creek Road will be installed to note "Trucks Turning" and other caution signage. A traffic control firm will be hired by the Fenton Construction General Contractor to coordinate signage and traffic control. All signage and traffic control will be done as per the "Colorado Work Zone Best Practices Safety Guide' prepared by the Colorado Department of Transportation (CDOT) and regulations as set forth by CDOT. In addition, the "Model Traffic Code for Colorado Municipalities", 1977 edition as adopted in Chapter 8, Article 1 of the Home Rule Charter and code of the Town of Snowmass Village will also be adhered to. Before traffic control occurs on Brush Creek or Owl Creek Road, PVCMI and the traffic control firm will meet with the Snowmass Village Police Department to review the traffic control plan, including hours and days on which flagging/traffic control will occur. Seasonal Weight Limitations as set forth in Chapter 8, Article 1 of the Home Rule Charter and code of the Town of Snowmass Village shall be adhered to. General Contractor and Owner's Representative shall coordinate with the Town of Snowmass Village Public Works director in regards to the seasonal weight limitations and special permits. All construction traffic will be routed on Brush Creek Road to Owl Creek Road and into the Snowmass Chapel/Anderson Ranch parking lot. Brush Creek Road and Owl Creek Road are exempt from the seasonal weight limitations in 18-8 (1) (d). The pedestrian path on the South side of Brush Creek will be impacted during construction. The primary access to the jobsite will be through the Snowmass Chapel/Anderson Ranch Parking lot and over the 2 existing 60" diameter culverts that direct the flow of Brush Creek. The pedestrian path will stay in service during Page 7 of 10 construction. Caution signage will be installed on the path at the Owl Creek Road crossing near the Snowmass Wildcat Fire Station and within the Snowmass Chapel/Anderson Ranch parking lot to reduce speed of users. Pylons, flagging and barricades will be used as necessary to divert pedestrian traffic as necessary. Flaggers will be utilized at the path to direct pedestrian and construction traffic. The pedestrian trail/construction access crossing will be concreted during construction to reduce repairs and to ease maintenance. The concrete thickness and compaction specifications at the pedestrian trail/construction access crossing will be appropriate for heavily loaded trucks such as concrete and gravel trucks. Damages to the pedestrian trail at this crossing area will be repaired within 1 week of report of damage. Upon completion of construction the pedestrian trail at the construction access crossing will be repaved. The pedestrian path at Brush Creek Road will be buffered from the construction staging area by the 8' chain link fence with green mesh. F.Manpower/Trade Analysis/Employee Parking It is estimated that no more than 50 workmen will be on-site during a peak construction period. I.Limited parking will be available at the Chapel with parking spaces for the superintendent and project manager. The General Contractor will require subcontractors to meet at their respective offices and commute to the intercept lot at the intersection of HW 82 and Brush Creek Road, or other location as determined by the Fenton Construction General Contractor, in one or two vehicles per trade, keeping the impact on the lot to a minimum, averaging between 12-18 vehicles per day. There will be zero parking from construction traffic on the existing paved parking lot. Any construction related vehicles will be parked on the north side of the proposed building in the annexed land swap area, see Exhibit A. During special events like the X-Games or any music festivals, parking will be housed elsewhere. This action will reduce interaction between the construction personnel and the general public riding the buses. The construction vehicles will be parked in an area designated by RFTA and/or the City of Aspen Transportation Director, or the owner of the property to be parked on. PVCMI will report monthly to the City of Aspen (if parking occurs at the Highway 82 Park and Ride) and/or the Town of Snowmass Village and the parking area property owner regarding parking and transportation issues or concerns. 2.All deliveries of materials to the jobsite will be routed to the jobsite via Brush Creek Road to Owl Creek Road and then into the Snowmass Chapel/Anderson Ranch parking lot. Concrete tracks and gravel trucks Page 8 of 10 will be coordinated via 2-way radio and cell phone so that excessive stacking does not occur within the Snowmass Chapel/Anderson Ranch parking lot. 3.Workmen will store tools and materials on-site within storage containers and job trailers for use on the project. Loading and unloading of tools will be coordinated by the General Contractor and vehicles will then be parked at an off-site parking lot. G. Site Clean-up/Housekeeping The site shall be kept free of trash. Materials shall be stored on-site in an organized manner with coverings to prevent glare. Trash trucks and dumpsters shall be stored in the Construction Staging Area (See attached Exhibit A) and shall be covered to keep trash from blowing on or off-site. Trash containers shall be hauled off-site as necessary. Dogs are prohibited in the construction areas on-site. H. Fencing and Protect ionJStaging Areas 8' tall chain link fencing shall be installed at the site to restrict access to the Sanctuary addition and to restrict access to the Construction Staging area. This 8' chain link fencing will have a green mesh to aid in blocking views of the construction activity. Chain link gates will be installed to access the site from the Snowmass Chapel/Anderson Ranch Parking lot. 1.Safety Pre-construction organization and safety meetings will be conducted by Fenton Construction the General Contractor and the Owner's Representative. "Tail-gate" safety meetings and regularly scheduled safety meetings will be conducted by the General Contractor as required by the U.S. Occupational Health and Safety Administration and company policy. Personal Protective Equipment for construction personnel and construction site visitors will be required during the entire duration of the construction project. J.Final Cleanup/Grading/Revegetation Before construction commences on the property, SCCC's construction manager/contractor will establish a limit of disturbance fence to protect vegetation noted above. This will be reviewed with the Town staff during the pre-construction meeting. To the extent that trees are damaged or removed in the construction staging area, SCCC will replace those trees in conformance with the landscaping plan upon completion of construction of the facility. Page 9 of 10 To the degree that soil removed for construction of the new sanctuary building will be needed to grade the site in conformance with the proposed plans, the soil will be retained and stocked piled on the site. The site final cleanup will occur during spring of 2011. The irrigation systems and landscaping will be installed during this time period. The construction staging area will be cleaned up during this time as well and the chain link fencing will be removed. The construction staging area will be graded to accommodate the new adjacent contours and gravel will be removed and hauled off-site. The temporary easement for landscape and grading is shown on the attached "Exhibit A". This disturbed construction staging area will be reseeded with the same mixture as utilized on the adjacent Snowmass Club property. This area will be maintained with the same care as other landscaping being installed for the project. Newly planted trees will be fenced to prevent damage. 5. Ongoing Coordination and Review by Town of Snowmass Village PVCMI will produce a monthly report to the Town of Snowmass Village that will address the following regarding each item within this plan: A. Changes to item within the last 30 days or expected changes within the next 30 days. B. Attach stortnwater management inspection and maintenance reports. C. Note any complaints from the public or the Town of Snowmass Villagc including dates, times and actions taken. Snowmass Chapel will make its best effort to work with the Town of Snowmass Village's efforts in the preparation of a comprehensive construction impacts mitigation program. Certain refinements, modifications, or amendments to the Construction Management Plan shall be allowed to be made in the future by the Town to mitigate impacts which were not apparent at the time of the application review. The Planning Director shall be authorized to require amendments to the plan as determined to be reasonable and necessary to mitigate an unforeseen impact. Snowmass Chapel shall either amend their plan accordingly or request that the Town of Snowmass Village Council review the matter for final determination. PVCMI will meet with the "Town of Snowmass Village to further review reports or the Construction Management Plan as requested by the Town of Snowmass Village. END OF CONSTRUCTION MANAGEMENT PLAN Page 10 of 10 Attachment D Construction Fence Detail Page 21 y7 j ceARwc sc. et Snowmass Chapel Construction Mana em Exhib111 Subcontr f r WSJ Kam° IT r g siYy 4 k c sli atena r f 8' construction Fence ragege\! with Green Screen n LREEN ri4 r¢^ I Portable estrooms LPcis owe O rane BOUNDARY HpDMS CHAPEL ©5/ LN e COMMUNITY k iu1 CEN ICR y OJIVL FI> %,'•.. ItY/ 9gAlYI[ ItiE 3166 27' I a. SHOWASS CHAPEL I 1 ti' OLD J a 10' Acce 5 2- ' Fence Ga _ 4 Gate af e r L1 a Site Acce or IIIIII All Vehicles eLO . 4 I f dO A s Enclos WAL, V elD 5 I V20. ColoradoADenver, Colorado Frisco, Colorado 1 1 Monroe & Newell Engineers, Inc. April 1, 2009 Cottle Carr Yaw Architects, Ltd. 228 Midland Avenue Post Office Box 529 Basalt, CO 81621 Attn: Ms. Janet Ieverson Re: Snowmass Chapel Bridge, Snowmass Village, CO (M&N 97654) Dear Ms. Leverson: The following are our responses to the structural plan review comments by Schmueser Gordon Meyer Engineers & Surveyors, dated March 24, 2009. STRUCTURAL COMMENTS: 4.09. AASHTO 1-120 loading was used to design the bridge topping slab and abutments. We have reviewed the calculations for these items for HS 20 loading. Also, we have discussed the specific fire truck requirements with Wildcat Fire District. Attached are three pages from the City of Denver requirements for fire truck loading. The Wildcat Fire District agreed that their requirements would not exceed the basic load cases for the fire vehicles shown in the attachment. The loading on the topping slab in all of these cases does not exceed the H 20 loading that was used in design. The abutments and micro-piles have also been designed to support two lanes with the loads from all of these cases. The double T's are to be designed by the precaster. We have not yet seen any information on this design. We can provide these additional loading requirements for use in the double T design. Shop drawings will be provided by the precaster and we will review the loading used. 5.09. Micro-piles were used under the abutments to move the footings away from the water. This decision was made by the design team to help with construction. The general contractor, which is part of the design team, decided that micro-piles would be the easiest method of construction in this location adjacent to the water. The micro-piles shall be by others and shall meet the service load requirements shown on the drawings. Colorado ncrosvemm.m,vrmem Pura.Sports Cr ._*_ 619 Main Street • Suite 7 • P.O. Box 295 • Frisco, Colorado 80443 6.09. All of the site walls around the bridge were designed for a uniform surcharge load on the pavement of 250 psf. We believe that the above responses satisfy the requirements of the plan review comments, dated March 24, 2009. If you have any questions or comments, please call. Very truly yours, MONROE & NEWELL ENGINEERS, INC. y; X , Kristen E. Fox Associate Principal Monroe&Newell Engineers,Inc. 2 Snownrass Chapel Bridge April 1,2009 M&N#7654) CHAPTER 16 STRUCTURAL DESIGN SECTION 1607 LIVE LOADS Section 1607 shall be used in its entirety except as amended below: 1607.14 Fire Truck Loading. Where fire department access requires travel over or loading of a structure by fire department vehicles, the structure shall be analyzed for the three load cases for each of the two vehicle types indicated below. Structural members shall be designed for the most severe case. The fire vehicle geometries are shown in Figures 1607.14 (1)and(2). Platform Truck—Figure 1607.14 (1) Basic Load Case: The front axle load shall be 22,800 pounds(11,400 pounds per tire)with a tire contact area of 12 in. x 13 in. The load on each rear axle shall be 27,000 pounds(13,500 pounds per tire)with a tire contact area of 14 in. x 16 in. Impact and longitudinal forces imparted by the vehicle loads shall be in accordance with the latest edition of AAS14TO standards. Static Load Case A: A load of 38,500 pounds on one outrigger. The contact area of each outrigger is 24 in. x 24 in. The load is to be located so as to produce the maximum stress in the member(s) being analyzed when applied according to the geometry of Figure 1607.14. (1). Static Load Case B: A load of 30,000 pounds on each of two adjacent outriggers (total load is 60,000 pounds). The contact area of each outrigger is 24 in. x 24 in. The load is to be located so as to produce the maximum stress in the member(s) being analyzed when applied according to the geometry of Figure 1607.14. (1). Ladder Truck—Figure 1607.14 (2) Basic Load Case: The front axle load shall be 22,800 pounds(11.400 pounds per tire)with a tire contact area of 12 in, x 13 in. The load on the rear axle shall be 31,000 pounds (15,500 pounds per tire)with a tire contact area of 14 in. x 16 in. Impact and longitudinal forces imparted by the vehicle loads shall be in accordance with the latest edition of AASHT0 standards. Static Load Case A: A load of 29,000 pounds on one outrigger. The contact area of each outrigger is 24 in. x 24 in. The load is to be located so as to produce the maximum stress in the member(s) being analyzed when applied according to the geometry of Figure 1607.14.(2). Static Load Case B: A load of 20,000 pounds on each of two adjacent outriggers (total load is 40,000 pounds). The contact area of each outrigger is 24 in. x 24 in. The load is to be located so as to produce the maximum stress in the member(s) being analyzed when applied according to the geometry of Figure 1607.14.(2) The Fire Prevention and Investigation Division shall determine the area around any building or structure for which fire access and,therefore, the provisions of this section are required. 58. DENVER AMENDME NIS TO THE 20H INTERNAMNALBUILDING CODE DENVER FIRE DEPARTMENT— FIRE TRUCK GEOMETRY 4 6" Tire contact area, front Tire contact area, rear 19'2° 8 ft 12"x 13"(TYP.of 2) 14"X 16"(TYP of 4) 21'n Each outrigger has a 24"x 24" pad (TYP.of 4). FIGURE 1607.14 (1)—PLATFORM TRUCK To- DENVER AMENDMENTS TO THE 20061N'TERNATIONALBUILDING CODE DENVER FIRE DEPARTMENT— FIRE TRUCK GEOMETRY Tire contact area,front Tire contact area, rear 19'2' 8 k 12'x 13"(TYP.of 2)14°X 16'(TYP of 2) 20' 9'2"T6' Each outrigger has a 24"x 24' pad (TYP. of 4). FIGURE 1607.14 (2)—LADDER TRUCK 71. DENVER AMENDMENTS TO THE 20061NTERNATIONALBUILDING CODE Attachment F Letter from ASC Regarding Two Creeks Parking Page 23 June 2, 2009 To: Town of Snowmass Village Council Town of Snowmass Village Planning Department From: Edgell Pyles, Senior Chaplain, Snowmass Chapel Steve Sewell, Manager, Snowmass Mountain RE: Overflow Parking at Two Creeks Parking Lot This memo is to acknowledge and formalize an overflow parking agreement which has existed over many years between the Snowmass Chapel and the Aspen Ski Company Snowmass Mountain Manager. In cases, such as memorials and other special events,the Snowmass Chapel may use the Two Creek parking lot for overflow parking.This permission is granted by the Snowmass Mountain Manager only for those times when the parking lot is not in use by Aspen Ski Company guests and/or employees. The Snowmass Chapel will in the future, as we have done in the past, give as much notice as possible for this use, and will schedule services and events so that they do not interfere or disrupt normal activities of the Ski Company,. The Aspen Ski Company will use meeting rooms at the Snowmass Chapel on this same `good neighbor' policy. Steve Sewell Snowmass Mountain Manger IL Edgell Pyles Senior Chaplain, Snowmass Chapel Copy: Sno%mass Chapel Executive Committee,Sanctuary Council