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07-06-09 Town Council PacketSNOWMASS VILLAGE TOWN COUNC 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.......No Packet Information Item No. 5: RESOLUTION NO. 16, SERIES OF 2009 — PART TIME RESIDENTS ADVISORY BOARD APPOINTMENTS Time: 5 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 16, Series of 2009 Russ Forrest .......................... Page 1 TAB A) Item No. 6: CONTINUATION OF PUBLIC HEARING AND FIRST READING — ORDINANCE NO, 9, SERIES OF 2009 —SNOWMASS CHAPEL Time: 60 Minutes) THE RE-ZONING TO 'MIXED-USE-1' (MU-1) TOGETHER WITH THE SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny First Reading of Ordinance No. 9, Series of 2009 Jim Wahlstrom ..................... Page 8 TAB B) Item No. 7: UPDATE ON PHASE 2B RODEO PLACE HOMES Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Review and provide direction to staff on proposed price ranges for Homes. 07-06-09TC Page 2 of 2 Joe Coffey ..............................Page 169 TAB C) Item No. 8: UPDATE ON BASE VILLAGE COMMITTMENTS Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Receive input from staff. Russ Forrest/Chris Conrad ... . Page 171 (TAB D) Item No. 9: MANAGER'S REPORT Time: 10 minutes) Russell Forrest.......................... Page 177 (TAB E) Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 180 (TAB F) Item No. 11: APPROVAL OF MEETING MINUTES FOR:APRIL 6, 2009 Page 183 (TAB G) Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 192 (TAB H) Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 4 hours excluding items 1-3 and 9 —13) 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: Rhonda B. Coxon, Town Clerk DATE: July 6, 2009 SUBJECT: Appointing New Members to Part Time Resident Advisory Board RESOLUTION NO. 16, SERIES OF 2009 I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Approve, Modify or Deny Resolution No. 16, Series of 2009 II. BACKGROUND This board has been short a member for the year of 2009. George Bletsas resigned his position as a at large member to allow another applicant apply for the at large and he is now asking to be considered for the single family home board position which he does qualify for. George Bletsas has been a Board Member since the boards inception so I did not include another application for him although there is an application for Victor Rauch to take over the at large position. I TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 16 SERIES OF 2009 A RESOLUTION APPOINTING TWO MEMBERS TO THE TOWN OF SNOWMASS VILLAGE PART TIME RESIDENTS ADVISORY BOARD WHEREAS, Section 8.1 of the Home Rule Charter states that members of all boards and commissions shall be appointed by the Town Council; and WHEREAS, there are two vacancies on the Part Time Residents Advisory Board; and WHEREAS, Town of Snowmass Village citizen has expressed an interest to serve on the Part Time Residents Board; and WHEREAS, Section 2-338 Composition states the Part Time Residents Board shall consist of three owners of condom inium/townhomes/multi-family dwellings, two owners of single family homes and two at large owners. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of Snowmass Village, Colorado: Section One: Appointments and Terms That the following citizen is hereby appointed to the serve as follows: PART TIME RESIDENTS ADVISORY BOARD Term At Large 3 year term expiring 12/31/10 Single Family 3 year term expiring 12/31/11 Section Two Severability If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 6th day of July 2009 upon a motion made 09-16 Reso Page of 2 by Council Member the second of Council Member by a vote of_ in favor and _ opposed. TOWN OF SNOWMASS VILLAGE BILL BOINEAU, Mayor ATTEST: RHONDA B. COXON, Deputy Town Clerk APPROVED AS TO FORM JOHN C. DRESSER JR., Town Attorney Page 1 of 1 Rhonda Coxon From: george I.bletsas [bletsasg @comcast.net] Sent: Wednesday, June 10, 2009 8:36 PM To:Rhonda Coxon Cc:Mel D. Blumenthal Subject: PTHAB Seat Dear Rhonda: I would like to switch my board seat from a member At Large to a Single Family Member.lt would create an opening for a new member. Please honor this request. Thank you, George L. Bletsas,D.D.S. 6/11/2009 THE TIMBERS CLUB AT SFl WMASS R TOWN OF SNOWMASS WLLAGE JUN Z 6 2009 T. - RECEIVED oN cY c i T 0. r I- fi e hew o—' 77S 153 o2 THE R A U C H / M A D S E N S Post Office Box 6870, 65 Timbers Club Court, Snow... Village, Colorado 81615 J.. APP.B&C.Current.doc Page ] oft TOWN OF SNOWMASS VILLAGE Application for Board/Commission Position TOWN OF SNOWb1ASS VILLAGE Board of Appeals and Examiners _ Liquor Licensing Authority JUN 2 6 2009 Financial Advisory _ Planning Commission RECEIVE Citizens Grant Review _Arts Advisory Marketing, Group Sales & Special Events ND Homeowners Io-t1-25 Name: Home Phone: v L-f4D t RV-C, I vtuoR.zA h Email: I4o Sa\-%'i1,.a% Physical Home '13 eL 107 Permanent Residence?: Address:b s S L -' pl LT Yes o No 0 City: SN W MASS q 5 -e ST.&ZIP: If No,place of Permanent CS eC9 1 Residence: Mailing Address, l Business Mailing Address:5 Office Phone: Email address: Employed with: S L Position: Are you Registered to Vote in Snowmass Village: Yes o or No List the Experience or Education which may qualify you for this sition: c 1.t L OR-*)c ohh v 5 Ii:lai Pc 5 ct.=o lit q1>90 plc,}c cct2Q f oAiA t+r+2 GAf3 rr NS G7R?c 1`1 D eA G L J J T 5 Ii.t.- -u gLe,->c t c.. R h S 2e 5 i a s s Why do you wish to be appointed to this position?: A s s - ?ae fD f C C 1- 11.42 fh ire C w-7-e' I o ( t S G. 1 etk t S c o M uv'ti J http://mail.google.com/mail/?ui=2&'. c--a3.8e6a1ccc&view=att&th=1221331 aOcbdecd3&att... 6/24/2009 APP.B&C.Current.doc Page 2 of 2 I I 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. I );Z— L C, - 2 Applicant's Signature Date Return to: Town Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615 p:\sha redkleWboa rd s\app.Mc TOWN OFSNOWiAA.Fs,A1 ; n,nr- JUN 2 6 2009 RECEI http://mail.google.com/mail/?ui=2&ik=a38e6al ccc&view=att&th=1221331 aOcbdecd3&att... 6/24/2009 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: July 6, 2009 meeting SUBJECT: CONTINUATION OF PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 9, SERIES OF 2009— SNOWMASS CHAPEL: The re-zoning to 'Mixed-Use-1' (MU-1) together with the 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 and Section 16A-5-360, Final Plan, 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. Open the continued public hearing and consider public comments on the follow up items concerning the Final PUD or the first reading of the ordinance; 2. Review any remaining core issues; and 3. Determine if the language along with the findings, conditions and action sections in the ordinance are consistent with Town Council's understandings. Action: Approve, approve with conditions, or deny the attached first reading of the ordinance, which may be amended at the meeting. II. FOLLOW UP DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS INCLUDING SUMMARY OF STAFF FINDINGS AND RECOMMENDATIONS. OUTSTANDING CORE ISSUES 1. Agreements. The applicant provided another round of agreements and a Final PUD Guide as of June 26`h, the report deadline date for this meeting. Earlier, the applicant had provided updated documents and agreements dated June 201h that were received on June 24`h. Staff comments: As this report and the ordinance were completed based on a earlier submission of documents, the updated agreements did not replace the attached I I P a g e ones received June 24th since Council has yet to see the edits dated June 20'h. Therefore, documents dated June 201h and received June 24th are included as exhibits to the attached ordinance. Staff believes the updates on June 26th are in response to previous staff review comments or Town Council concerns, and staff will review and report findings at the meeting on July 6th or provide updated exhibits with the planned tentative scheduling of the second reading of the ordinance on July 201h 2. Amendment for Parking Management Plan adjustments. Since the acceptance of the amendment to the parking management plan adjustments for subsequent review and consideration, staff referred the amendment to affected referral agencies, including the Town's Transportation Department, the Public Works Department, the Town Engineer, the Snowmass-Wildcat Fire Protection District, and Anderson Ranch. Staff comments/ recommendations: See attached comments from the Transportation Department and the Town Engineer (see Attachment 1). In addition, and for the public record, staff has decided to provide below the background information and analysis provided during the Preliminary Plan review related to the traffic/transit impacts, parking requirements/demand and mitigation thereof: a) Traffic impacts: During the Preliminary Plan review, the applicant's Traffic Impact Analysis (TIA) only assessed the traffic impact on Sundays and took a credit for the traffic generated from the existing facilities. In other words, the background traffic shown in the traffic report included the traffic trips from the existing facilities. As a result, the Applicant's TIA did not indicate a significant traffic impact and showed that the intersection at Owl Creek Road and Brush Creek Road would operate within acceptable levels on Sundays only. At the time, the applicant believed that their facility was not a growth generator and that the residential and commercial developments within the Town have generated the demand for the programs at their facility. Therefore, the applicant believed that a recalculation of the traffic generation from the existing uses would be unnecessary. Instead, the applicant stated that the expanded meeting facilities or the re-use of the existing facilities would provide better spaces for the existing functions and are really only intended as an expansion of the existing activities on the property. According to the applicant's calculations, the TIA indicates 460 AWDTE trips assumed to be an "average weekday trip estimate") over a 24-hour period based solely on the 300 seat assembly room, at the time, in the proposed building addition (300 x 1.53). However, per the Applicant's rates, the existing assembly room of 220 seats (per their traffic report) would generate 337 existing trips (220 x 1.53) over a same 24-hour weekday period. This calculates to a traffic impact increase of 123 trips or +37% using rates based on seating capacity only emphasis added)within the main assembly rooms only. According to the Town's Traffic Engineer information, the estimated peak hour generator for the addition is 11.76 trips per 1,000 square feet of gross floor area in order to calculate a ballpark figure of the traffic to be generated. The worse- case rate for office buildings is 1.55 trips per 1,000 square feet of gross floor area, and for community centers it is a worse-case 2.69 trips per 1,000 square feet during the weekday mornings. Pursuant to this information, Staff has 2 1Page highlighted the following: Entire Complex trip generation for any one-time simultaneous events: Overall, the entire re-use of the existing complex along with the addition (both levels) could generate up to a total of 190 estimated trips for worse-case one- time simultaneous events. Of this total number, 127 trips would be assigned to the addition, plus 63 total peak hour trips for the adaptive re-use of existing facilities as a community center. Note: This trip generation method using floor area rates nearly doubles the traffic impact by 91 trips for any one-time simultaneous events (from 99 existing trips up to 190 trips) or by+92% (see below for further details). As a result of these findings during the Preliminary Plan review, the proposal for 118 spaces (101 existing spaces + 5 handicap spaces + 12 additional spaces) on the Applicant's property appeared inadequate at the time to serve a worse-case one-time event when all the uses on the property are operating at the same time. The total parking available during week nights and on weekends would be roughly 150 spaces for one-time simultaneous events that may occur on the Applicant's property. The total parking provided, including the potential use of the previously offered off-site parking lot that has since been eliminated, would be over 20% (i.e., the minimum Code standard reduction of required parking for shared usage) less than a one-time worse-case parking demand scenario of up to 190 spaces. Note: This does not account for the possible trip generation and parking demand from the adjacent properties that also use the parking lot. As a matter of information, below is a breakdown by building type sectors of the traffic trip generations for the anticipated uses on the site for any one-time simultaneous events as earlier requested during the Preliminary Plan review: One-time traffic trip generation from the proposed building addition only: In total, the entire proposed building addition for one particular event would generate roughly 127 trips on a Sunday using floor area calculations emphasis added) if all the uses in the addition operate simultaneously during peak times. Of that number, the new main assembly hall of 9,765 square feet area would generate about 115 trips (11.76 trips per 1,000 sf) for a one-time event on a Sunday, and the remaining interior space of 7,850 gross square feet in the lower level would generate 12 trips (1.48 peak hour trips on Sunday per 1,000 sq. ft.). One-time traffic trip generation from the existing facilities: A total of approximately 99 trips would be generated for the existing facilities for one- time simultaneous events on a Sunday using rates based on floor area emphasis added). Of that total, the existing multi-use assembly room of 7,320 square feet (per the PUD.Guide) would generate about 86 trips (11.76 trips per 1,000 sq. ft. for another church service for example), and the existing community center of 4,681 square feet (per PUD Guide) would generate about 13 trips (utilizing the worse-case 2.69 trips per 1,000 sq. ft.) for one- time simultaneous events. One-time traffic trip generation from the adaptive re-use of the existing facilities only: If the existing facilities were entirely re-used for community 3 1Page center type functions during the week, including the existing 4,681 square foot community center, then the existing facilities would generate roughly 33 trips during the weekday peak hour morning (using the worse-case weekday morning rate of 2.69 rate per 1,000 square feet per the ITE manual). Note: This seems to indicate that an adaptive re-use of the multi-purpose rooms for community type functions might lessen the one-time worse-case traffic generation from the existing facilities by roughly two-thirds when contrast to the current one-time event traffic generation on a Sunday for the existing facilities only. One-time traffic trip generation from the adaptive re-use of existing facilities plus the lower level of the building addition: If the adaptive re-use of the existing facilities (approximately 12,001 SF) plus the new conference/meeting room spaces in the lower level of the addition (7,850 SF) operated as a community center simultaneously for a one-time event, it would generate about 54 trips (19,851 sq. ft./1,000 sq. ft. x 2.69 worse-case trips) during a worse-case weekday morning. This is without a function/event occurring in the building addition's main assembly hall. Note: This would be about one- half of the trips generated for any one-time event from the existing facilities on Sundays. Staff's comments on traffic impacts: Staff's earlier recommended that the planned re-use of the existing facilities should also be analyzed together with the traffic and parking impacts from the addition using traffic rates based on floor area (emphasis added). The recommendation at the time was that the recalculations should have been analyzed to determine the traffic impacts during peak times from Monday through Saturday as well as on Sundays; although, staff anticipates that the main uses and operations on Sundays might still be the primary traffic generators throughout any given week. In the end, the two methods (i.e., staff rates using floor area vs. the applicant's rates using seat counts) reveal an increase in traffic from approximately 91 to 123 trips, respectively, for the entire project including the addition. However, the method utilizing the applicant's rates by seating count in the main assembly rooms indicates a larger traffic number impact that shows no significant traffic impact on Sundays. The staff's method utilizing the rates by floor area indicates a greater traffic impact percentage-wise over the existing traffic generation for one-time simultaneous events in the facilities. b) Parking demand: In the Preliminary Plan application, it stated that the original Snowmass Club Ordinance 80-8 required 1 parking space per 3.3 permanent seats and 1 space per 5.5 temporary seats for the site. Staff was unable to verify if this parking standard was previously accepted by the Town, but was eventually accepted with Resolution No 9, Series of 2006, accepting the Preliminary Plan application. In suburban communities with a preponderance of single-family homes for primarily owner-occupied residents or renters, churches typically are required to provide one parking spaces for every three or four seats in the main assembly hall. The Applicant has calculated the parking need at the time for only the addition's main assembly area (300 fixed seats plus 50 overflow unfixed seating), based on the ratios stated above, which total 101 parking spaces required for the primary use. 4 Pa e However, this did not account for the parking required for the community facilities existing and proposed conference and meeting rooms) and the potential adaptive re-use of the existing 220-seat assembly room per the Applicant's traffic report. The adaptive re-use of the existing assembly room alone could require an additional 67 spaces (220/3.3) if used as a church facility. At minimum, the Applicant had previously supplied a parking demand analysis based on the current activities in the facility (per the Preliminary Plan PUD Guide). In that document, a majority of the parking demand for the activities noted seems nominal with the exception of major events or services. Summary staff observations / recommendations: If all the 19,851 sq. ft. of existing chapel space, community center and lower level of the building addition were used for a worse-case "commercial-type" functions/activities at the Code rate of 1 space per 300 square feet, as an example, it would require . approximately 67 spaces (19,851/300 SF), assuming the main assembly hall in the building addition is not in operation. If the main assembly hall is in operation, the parking demand for one-time simultaneous events for the existing and proposed facilities could be in the range of 170 to 190 spaces. Only 118 spaces were proposed on the site at the time, now 121 spots including the 12 additional parking spaces with the Final PUD. This does not account for the previously offered off-site 32-space parking lot which had at the time limited usage times that is now proposed to be eliminated. The parking demand also does not account for the traffic impact and parking demand of the adjacent properties that also use the parking lot. Therefore, as a result, it was felt during the Preliminary Plan that the additional off-site parking was in fact needed to meet the demands of the existing and proposed facilities on the site. During the Preliminary Plan review, staff recommended that, a) the parking management plan be attached to or at least referenced in the Final PUD Guide to the Development Agreement (which is that case in the updated Final PUD Guide as Exhibit "B" to Ordinance 9), and b) that contingency language be added for a two year monitoring of parking demand with additional contingency mitigation measures as needed, or as similar to the contingency parking language in the Preliminary PUD Guide. The contingency language for monitoring and additional contingency mitigation was not added in the Final PUD Guide. However, the parking agreement does note that the facilities on the Chapel site would not operate simultaneously. c) Parking provisions and the Parkins Lot Agreement: The existing executed Parking Lot Use, Maintenance and Improvement Agreement" in the application states that "the parking lots shall be used primarily by SCCC on Sundays, religious holidays and other SCCC related events, which usage will increase upon expansion of the SCCC facility including its proposed sanctuary." It should also be noted that 102 spaces exist on Lot 2A and that 10 of those spaces were previously reserved for the fire district pursuant to the "Parking Lot Use, Maintenance and Improvement Agreement" until a trade occurred to allow access to another lot. Again, staff envisions a worse-case parking demand of between 170-190 parking spaces if all the uses on the Chapel site were operating at maximum capacity at any one time. 51Page The Applicant does not propose to amend the 1998 parking agreement with the application (both Preliminary and Final). Per the parking layout plan in the Final PUD application, the applicant proposed to only offer a future contingency of 12 additional spaces, but only when determined to be necessary in the future. During the Preliminary Plan review, the applicant agreed with a Planning Commission recommendation to install the 12 spaces up front in a letter dated December 14, 2005. Staff Recommendations: Staff is in agreement with the Planning Commission that earlier recommended, at Preliminary and Final PUD review, that the 12 additional parking spaces on Lot 2A be installed up front. This would be the only physical parking demand mitigation provision. As previously agreed by the applicant in subsequent correspondence in 2005, the 12 parking spaces should be installed up front at minimum in light of the tripling of the floor area space for the site. d) Transit impacts: The Applicant previously agreed and per the current SIA to install at minimum a mid-size bus shelter and pull out area on the north side of Owl Creek Road just west of the Chapel access road. The new pull out and shelter seems justified considering the Applicant's variation request to exceed the 20,000 square foot buildout designation in the Comprehensive Plan by approximately 67 percent. A Community Purpose is required for such a variation request. It was previously determined during the Preliminary Plan stage review that such a transit shelter facility might assist in better serving major events at the site and relieving parking constraints. Staff comments/ recommendations: The applicant, per the proposed SIA, is responsible for installing a mid-size bus shelter or cost thereof together with the pull out area and sidewalk on the north side of Owl Creek Road just west of the Chapel access road. The Town has the option of requesting a large shelter with the cost difference borne by the Town per the SIA. Staff's position has been that the Town should not have to be burdened or bothered with assisting with or helping to coordinate the Applicant's potential parking demand problems for future major events by providing shuttle services even if such services are paid for by the applicant). The same applies to any other parking demand issues on other private properties within the Town. Per the Code, the applicants are responsible for mitigating their parking demand from the facilities on their sites. 3. Fire District access easement issue. As of the writing of this report, staff has yet to receive a copy of the referenced off-site access easement. The applicant has noted in an email message that the intent would be only to release the Chapel's interest in the easement, but not the interest of other possible parties. Staff Recommendation (previously provided): This issue appears to be a private off- site matter not necessarily involving Town review of the Chapel proposal. On the other hand, 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, 6 1Page 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. 4. Building Efficiency Standards and Renewable Energy Offset Program (REOP) in Ordinance 08-11. At the June 15, 2009 meeting, Council requested a joint recommendation from the Economic Resources Director and the Fire District concerning the waiver request from the building efficiency and Renewable Energy Offset Program (REOP) standards in regard to areas that might possibly be allowed to be snowmelted as a result of public safety need or community benefit. Staff Recommendations: See Attachment 1 showing separate responses and recommendations from the Fire District and from the Town's Environmental Advisory Committee. A total of 8,225 square feet of snowmelting area is proposed, which is above the exemption limit of 200 square feet per Ordinance 08-11. 5. Maintenance building usage. As stated earlier in the applicant's June 1, 2009 response, 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 to address the building efficiency and REOP standards. Staff Recommendation: The applicant should provide updated floor plans to illustrate the proposed partition wall in the maintenance building. Since this has not happened yet, a condition was added in the ordinance requiring such updated plan illustrations with the submission of the building construction plans. 6. Subdivision Improvements Agreement (S.I.A.). There is one significant change that the applicant pointed out with their recent update of the S.I.A. (see Exhibit "C" of the attached ordinance—Attachment 3). It relates to the initiation of construction. Previously, the applicant noted that construction would not begin until 90%of funds were available. However, depending on how fund raising goes, the applicant would like the possibility of installing the utilities earlier. The applicant has since revised the S.I.A. that would allow the applicant the opportunity to complete the utilities upon demonstration that the funds are available to complete that work and to restore the site. The building permit would be dependent upon 90%of the funds available to complete the building addition. Staff comments/recommendations: This was a concern previously raised by staff and neighbors as such re-grading, utility work or infrastructure could potentially lie fallow until a formal permit is issued for the building addition. However, the proposed language in the revised S.I.A. should be acceptable provided such initial utility work is completed and the site restored in the interim, especially if there is significant lag time between this work and the issuance of a permit for the building addition. 7. Vesting. In the applicant's updated Vested Rights Development Agreement (Exhibit F' of the attached ordinance), the applicant stated the full 10 year vesting up to December 31, 2019. Staff comments/recommendation: Pursuant to the understanding of the discussions at the Town Council meeting on June 15'", staff added a draft condition 4d 71Page concerning the initial vesting duration of five years with an additional five years granted subject to certain conditions being met. In addition, the vesting period 'clock' should begin when the ordinance goes into effect, or August 5, 2009, 15 days after the second reading of the ordinance tentatively scheduled for consideration on July 201h. If these are the correct understandings, then the development agreement should be revised prior to execution and recording. 8. Carillons. Due to additional provisions in the Final PUD Guide concerning carillon concerts, additional noise related mitigation concerns were expressed at the meeting on June 15, 2009. Staff Recommendations: In attempts to address the additional concerns noted, staff added draft conditions in the attached ordinance intended to be placed in the noise section of the Final PUD Guide. 111. REFERENCE MATERIALS. Attachments: 1. Referral agency comments regarding the applicant's amendment for parking management plan adjustments and the waiver request from the building efficient and renewable energy offset program (REOP) standards; 2. Public comments received June 16, 2009 from a nearby resident for the record; and 3. Ordinance No. 9, Series of 2009 with exhibit attachments or their cover sheets by reference. Separate handouts previously issued (reference as needed): 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; and The applicant's responses dated June 1, 2009 to the issues or concerns expressed by Council May 18, 2009. IV. NEXT STEPS. Next Steps include: Continue the public hearing and item to the next meeting; If desired, schedule second reading of the ordinance and the associated resolution regarding the land exchanges, lot line adjustment and the final re-plat; and Indentify whether there is a need for further information, review or follow up, including the latest revisions proposed to the agreements. 8 1Page ATTACHMENT Town Council Report 07-06-09 LATEST REFERRAL AGENCY COMMENTS SNOWMASS VILLA-GE MEMO To: Jim Wahlstrom, Senior Planner From: David Peckler,Transportation Director Date: June 9,2009 Re: Snowmass Chapel Parking Amendment It is my opinion that the concerns surrounding the amount of parking in the Chapel's proposal are based on a long history of land use decisions on submissions by each of the three neighbors (Chapel, Anderson Ranch and Fire House). A key assumption in each application was that there would be shared use of the parking lot for public access for all of them into the future. This assumption made possible approvals for expansions at all three properties. So, all of them have an interest in the parking lot for parking and/or access. As I have said before, the three organizations collectively should share their future visions on re)development and programming to ensure that the infrastructure will be adequate to support all the final uses. Future demand for access is a real concern. Just as a new proposed use for the overflow parking lot (the reason for this amendment to the parking plan) has changed the current parking plan, so to will growth in successful programming and the expanding of facilities will also create additional demands for parking in the future. If the Town had a better understanding of the future development around the parking lot, it would help the decision making tremendously. However, such a process may not be practical or an element of this land use review. As shown in the Final Planned Unit Development Plan and PUD Guide there are roughly 103 parking spaces proposed, with some 12 additional spaces available along the eastern boundary. I understand then that the total parking on the site will be 115 spaces. The Parking Management Plan (PMP) on page 1 proposed 150 parking spaces, which has been reduced by the 32 overflow spaces for a total of 118 spaces. This accommodates the land use requirements for a fully occupied sanctuary as previously accepted. In the January 26, 2009 application, the requirement for just the new sanctuary will be 103 parking spaces ((320/3.3=97) + 30/5=6)). It is very diff icult to believe that all other uses at the chapel(general employment, counseling, classes, children's programming/daycare, and/or janitorial services) can be coordinated away entirely, but that is the recommendation in the PMP. During a major event in the summer, there will also be some requirements for Anderson Ranch classes.The PMP reserves 20 parking spaces(Page 5), but it also states that "ARAC exceeds this number now. ... @ uses at least 80 spaces," Page 2. The Anderson Ranch's requirements should be documented to set a reasonable number. Quite frankly, I find what is being proposed for the ARAC in the Development Agreement very confusing under Section t C PARKING AGREEMENT (1) page 3 (a)-(i); (b)-(i) and (c)-(ii). Possibly providing a total would help4 one interpret what the intent is. Using the Chapel's 103 spaces with only 20 spaces for ARAC, this would create a demand for 123 spaces at a minimum. It is a concern to see in PMP C. 3. b. Opinion 2 that the existing ratio of attendees to vehicles is 2.2 and not 3.3. This could significantly change the projected demand. In the PMP Option 2 projects the following 'The total number of vehicles parked for a full capacity event might be 158 (spaces)."This is the projection under a coordinated schedule with the removal of the ARAC parking,except for the 6 spaces for their residential units. Page 1 The projection for a larger worship service creates the need for mass transit access and overflow parking with shuttle service as altematives. The Chapel has agreed to add a bus stop along Owl Creek Rd, and they have secured a parking agreement with the Aspen Skiing Company for use of the Two Creeks parking lot for special events. Given that we do not want to build the church's parking lot for Easter Sunday (pun intended), then it appears that a larger service in the sanctuary, along with some incidental activities, could be accommodated by using the alternatives. It should go without saying that there still needs to be the coordinated parking management plan as referenced in the PMP E. Page 6 to avoid chaotic parking conditions.These are the logical consequences of minimizing parking. Because coordination of the parking is critical, the developers response in Section 11, Page 15, Third Party Parking Agreements that"a historical agreement cannot be tied to ... the SCI's PUD Plane" begs that another type of arrangement that resolves the access issues that the Town, the Chapel, Anderson Ranch, and the Fire House can all live with needs to be identified. Some form of agreement that protects the neighbor's need for access is currently necessary, and will be for the future. The harsh statement and overtone in the June 1 meeting that the parking lot belongs to the Chapel, maybe foreshadowing the potential conflict. The attorneys should propose a reasonable solution that will address both the access and coordination issues. Lastly, as much as the Village Shuttle appears to be the simple and logical option for providing transportation from the parking lots for the special events, we may be prohibited from providing the special service. In our Federal Transit Administration grants we assure themunder the Charter Service regulation's that we will not use publicly funded vehicles to compete unfairly against the private sector. That said, the contracting fogprovision of special transit services with the private sector still achieves- the same goal. References in theapplication and supporting documentsshould onlyproposecharting' for transit services when necessary, and not mention a specific provider. General public services will continue to be provided to Chapel along both Owl Creek and Brush Creek roads,and the public service will increase when necessary.The publicservice can also reduce tfie de_rn ds for access to Anderson A Ranch,the Fire_House,and t_he new_ proposed school housing.This will help the parking situation in the long run. i -,. ' e-1 An ``e'' ..l . Town Engineer June 3, 2009 RE: Chapel's Parking Amendment No further comments at this time. Page 2 June 25, 2009 Town of Snowmass Village Mayor and Town Council 1TIECEWED 130 Kearns Road Snowmass Village, CO 81615 JUN 2 6 2009 Snowmass village C,orri lunity Development Dear Mayor and Town Council: On behalf of the Town's Environmental Advisory Committee (EAC), I am writing to convey our recommendation that the Snowmass Chapel's request for a waiver from the Renewable Energy Offset Program (REOP) be denied. As noted in our Purpose Statement: The Snowmass Village Environmental Advisory Committee is a collaborative volunteer group committed to updating and accomplishing the goals of the Town's Environmental Sustainability Plan. The committee will provide technical expertise and a broad community perspective in order to develop recommendations concerning projects, programs, policies and operational practices that will benefit the natural environment,our local economy, and our community... The adopting ordinance concerning REOP provides that Council may grant a waiver upon a finding of community benefit or public safety need. However, it is our opinion that the Council should be highly conservative in granting such waivers, perhaps limiting their application to those projects that truly benefit the public at-large,and with site-specific conditions that would represent a substantial public safety risk if such a waiver were not granted. As proposed,the Chapel site is relatively flat, thereby minimizing risks associated with pedestrian and vehicular access in snowy conditions,and making the site highly suitable to alternative and less energy- intensive snow removal methods. The proposal by the applicant addressing the community benefit warranting a waiver is unconvincing. The REOP legislation was adopted in support of the community's values concerning environmental protection. It considers the broader environmental cost of incorporating highly consumptive amenities such as snow-melted plazas and walkways in development projects,and gives applicants options as to how they choose to mitigate those costs. We are not suggesting that the Chapel be prohibited from including these amenities if it is their desire to do so; however,they should be held to the REOP provisions if that is their choice. Granting of the requested waiver would be counter-productive to our community goals concerning energy conservation and climate protection,and in direct conflict with the Town's Environmental Sustainability Plan, which states that: The Town of Snowmass Village recognizes that preserving our natural environment and confronting global climate change are fundamental to the ongoing success and enjoyment of our resort community. This Environmental Sustainability Plan is intended to bring ecological awareness into all aspects of Town governance, and to encourage the development and implementation of projects, programs and operational practices that engender pride in our community's environmental performance. In the event that the Council does grant the Chapel a REOP waiver,the Council should recognize that this will represent a precedent with important implications for the future. Accordingly,the Council should state carefully those community-benefit or public safety considerations that it felt warranted this waiver. It would also be valuable for subsequent situations if the Council would define more precisely the specific criteria concerning community benefits and/or public safety needs that warrant a waiver. Respectfully yours, A Anita Manchester, Chair Snowmass Village Environmental Advisory Committee Snowmass-Wildcat Fire Protection District RE: Chapel Waiver request from Building Efficiency and Snowmelting standards June 26, 2009 Jason, As stated in previous emails,the Snowmass-Wildcat Fire Protection District is not mandating the snow melting of the fire lane located directly in front of the new Chapel or the adjoining sidewalks.To my knowledge, it has always been proposed to be snow melted. However,as is the case with almost any assembly occupancy,snow melting in the immediate vicinity would enhance the safety of people from slip and fall accidents and in the Chapel's case provide for the uninterrupted emergency vehicle access after heavy snowfalls.Our Department responds to and transports several slip and fall emergencies during the winter periods where fractures of bones and severe sprains are a result.Southern exposures still accumulate icy conditions when temperatures are low or during overcast days. I am at a loss if we are being asked to pick and choose what qualifies as an exemption of energy fees and will defer the energy usage concerns to you and the Snowmass Town Council.We will support your direction in this matter. Sincerely, John T. Mele RECEIVED t 1 f- May 4, '2009 JUN 10 2009 Roger Kloth ATTACHMENT 2 01iUW111GJ0 vwayt P.O.Box 5724 Town Council Report 07-06-09 Community Development Snowmass Village, CO 81615 r Town Of Snowmass Village Town Hall TOWN OF SNOWMASS VILLAGE P.O.Box 5010 JUN 15 2009 Snowmass Village, CO 81615 RECEIVED Dear Honorable Mayor and Members of the Town Council: As with the Snowmass Chapel expansion PUD. I've said it before and I'll say it again, it is just way too big, especially the height. The other important issue is if, do they really even need all of it ? Since it is being built fairly close to where I live on Upper Woodbridge Rd. I have these legitimate concerns over this development as well as the overall visual impacts of the suurrounding neighborhood and the Town as well. And, I'm sure the Council has already been made fully aware of the glaring impacts of the new Viceroy Hotel, by many resideftt§ of'- the Town. Sincerely, A Roger Kloth ATTACHMENT 3 Town Council Report 07-06-09 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 09 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 I 1 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 propertyto"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 Second Amendment Plat, Snowmass Interfaith Chapel 28 Subdivision and Lot 2A of the Snowmass Interfaith Chapel Subdivision Re-plat "A" 29 encompassing in total 3.99 acres("Application"), not including the impacted area onto Parcel 30 10 (golf course) of the Snowmass Club Subdivision, together with associated draft 31 agreements, as generally described or illustrated in as Exhibits "A"through "F,"that include 32 the re-zoning maps, the Final PUD Guide and draft agreements, and/or as incorporated 33 herein by reference; and 34 35 WHEREAS,the Applicant also requests by modification or ratification of the variations 36 from dimensional limitations accepted during the Preliminary Plan stage in the Final PUD 37 application, including exceeding maximum building height, the maximum buildout, and 38 seeking approval for development encroachment, including the maintenance building,into the 39 Town's 25-foot wetland setback area next to Brush Creek; and 40 41 WHEREAS, the Final PUD application has submitted the final design plans for the 42 maintenance building that removes the Special Review provisions for the maintenance 43 building in the proposed Final PUD Guide since the final design is proposed at this time; and 44 45 WHEREAS,the Aspen Skiing Company/Snowmass Club Associates, LLC consented 46 on January 14, 2009 to the applications, including the proposed subdivision exemptions for 47 the lot line adjustment and the land exchanges affecting Parcel 10 of the Snowmass Club TC Ord. 09-09 Page 2 of 13 48 PUD Subdivision; and 49 50 WHEREAS, the applications were sent to affected Town Departments and referral 51 agencies for review and comment on February 18, 2009; and 52 53 WHEREAS, the Planning Commission reviewed in particular the rezoning portion of 54 the application on March 18, 2009, together with some of the changes in the Final PUD 55 application mainly involving the maintenance building,and passed Resolution No. 10, Series 56 of 2009 on April 1, 2009 making their recommendations to Town Council; and 57 58 WHEREAS, the Applicant submitted on April 10, 2009 replies, information and 59 updated drawings or plans in response to Town staff and referral agency review comments on 60 the Final PUD and associated applications that were issued to the Applicant on March 20, 61 2009, which supplemental information was forwarded to affected referral agencies and to 62 Town Council members; and 63 64 WHEREAS,the Applicant submitted an amendment dated May 11,2009 for proposed 65 parking management plan adjustments, including the elimination of the off-site overflow 66 parking commitment previously offered together with substitute parking management 67 strategies, which was accepted by Town Council via Resolution No. 13, Series Of 2009, on 68 June 1, 2009 for subsequent referral, review and consideration purposes via this ordinance; 69 and 70 71 WHEREAS,public hearings or continuances thereof,were scheduled before the Town 72 Council on May 4, 18, June 1, 15, July 6 and 20, 2009 to review the proposed Final PUD 73 application together with the re-zoning, and the associated subdivision exemptions and final 74 re-plat,to consider the recommendations of Town Staff,the recommendations of the Planning 75 Commission concerning the proposed re-zonings and Final PUD changes, to receive public 76 comment, and to act upon this ordinance; and 77 78 WHEREAS, the Final PUD and the re-zoning applications were processed in 79 accordance with Section 16A-5-220,Amendments to Official Zone District Map,Section 16A- 80 5-390, Amendment of Final PUD, and Section 16A-5-360, Final Plan, regulations of the 81 Municipal Code. 82 83 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 84 Snowmass Village, as follows: 85 86 Section One: Findings. Based upon the information contained in the Final PUD application 87 for the Snowmass Chapel expansion project and the associated re-zoning,together with the 88 documentation and testimony in the record, the Town Council finds that: 89 90 General Findings: 91 92 1) The Applicant submitted the applications for the Final PUD and Amendments to the 93 Official Zone District Map in accordance with the provisions of the Municipal Code. 94 95 2) The applications provided the Minimum Contents required and included written and 96 graphic materials in sufficient detail pursuant to Sections 16A-5-220(d) and 16A-5- TC Ord. 09-09 Page 3 of 13 97 360(c)(2) of the Municipal Code. 98 99 3) The Applicant has submitted supplemental information during the review process to 100 present changes or updates to the application for the primary purpose of responding 101 to the directions provided by Town Council, Planning Commission and Staff requests, 102 comments,and concerns,with the exception of the proposed amendment dated May 103 11, 2009 for parking management plan adjustments. 104 105 -4) Public notification requirements were met in accordance with the requirements of 106 Section 16A-5-60(b) of the Municipal Code. 107 108 Findings related to the requested Amendments to the Official Zone District Map: 109 110 1) The Chapel is an allowed use pursuant to the past PUD or PUD Guide approvals in 111 Ordinance No. 8, Series of 1997, and a Special Review application for such a use is 112 not required in accordance with Table 3-1, "Schedule of Uses," in Municipal Code . 113 Section 16A-3-50. 114 2) Since the Municipal Code no longer recognizes the 'PUD' zone district to be utilized 115 for development or redevelopment proposals, the proposed "MU-1" zone district is 116 appropriate for the site as it prohibits commercial type uses, such as retail sales 117 establishments, business/professional offices, personal services, restaurants and 118 commercial lodging. Those proposed uses, not specifically listed within the "MU-1" 119 zone district land-use table, could be considered accessory uses as previously 120 recommended during the Preliminary Plan stage, since they are acceptably, clearly 121 and specifically noted and listed in the Final PUD Guide as accessory permitted uses 122 under the control of the Applicant/owner rather than as primary permitted uses for the 123 site, which is the case pursuant to the proposed Final PUD Guide. 124 3) As the"MU-1" zone district allows a maximum 1:1 Floor Area Ratio(FAR) in Table 3- 125 2, "Schedule of Dimensional Limitations" of Municipal Code Section 16A-3-50, the 126 Final PUD Guide acceptably restricts the maximum floor area to the accepted buildout 127 variation of 29,700 square feet. 128 129 4) Pursuant to the above noted findings and per Municipal Code Sections 16A-5- 130 300(c)(3) "Uses," under the General Restrictions, the Applicant's proposed "MU-1" 131 zone district of Lot 1 of the Second Amendment Plat, Snowmass Interfaith Chapel 132 Subdivision, also to incorporate the associated lot line adjustment and land exchanges 133 via associated Resolution No. 14, Series of 2009, and Lot 2A of the Snowmass 134 Interfaith Chapel Subdivision Re-plat "A," and as further described or illustrated in 135 Exhibit'A"satisfactorily meets the following criteria in accordance with Section 16A-5- 136 220(e), "Review Standards" of the Amendments to Official Zone District Map, as 137 follows: 138 139 a) the re-zonings are consistent with the Town of Snowmass Village Comprehensive 140 Plan; 141 b) the zoning amendments are consistent with the purpose of the zone district to 142 which the property is currently developed and/or as designated as existing or 143 proposed via the Final PUD application; TC Ord. 09-09 Page 4 of 13 144 c) the amendments are consistent with surrounding zone districts and uses, as the 145 majority zone district surrounding the impacted properties is'PUD,'which in and of 146 itself incorporates and promotes a mixed-use nature and arrangement of 147 development; and 148 d) Necessary circumstances have occurred such as changed conditions and the 149 demonstration of a community need as part of the consistency with the intent of 150 the Comprehensive Plan. 151 152 Findings related to the Final PUD Plan: 153 1) The application does not conflict with other goals, objectives and policies of the 154 Comprehensive Plan with the exception of the Buildout Chart(Line B66), mass,scale 155 and height variation issues, and the Applicant represented that the buildout variation 156 of 29,700 square feet, that was accepted with the Preliminary Plan via Resolution 9, 157 would not change or increase, and therefore is acceptable as submitted likewise with 158 the Final PUD. 159 2) Pursuant to the rezoning findings above, the Final PUD Guide acceptably and 160 definitively lists the primary and accessory uses separately, indicating that the 161 accessory uses, such as the administrative/counseling offices, small classes or 162 workshops space and other meeting spaces, shall be operated under the control or 163 auspices of the Applicant or the owner of Lot 1 versus being leased to private entities 164 or individuals in order to comply with Table 3-1,"Schedule of uses"in the"MU-1"zone 165 district via Municipal Code Section 16A-3-50. 166 3) As previously recommended during the Preliminary Plan review,the Final PUD Guide 167 acceptably lists commercial lodging as a prohibited use, among other commercial or 168 retail type uses. 169 170 4) The Applicant earlier confirmed in an acceptable manner, as well as per a letter dated 171 June 1, 2009,that the proposed maintenance shed,to be located on the east side of 172 the proposed building addition, will be a space for a workshop, the storage of 173 maintenance related equipment,such as tools,snow blowers, lawnmowers and other 174 similar equipment, and it includes an area sufficient to park a work-related vehicle with 175 a plow. 176 177 5) The proposed maintenance facility would double in size from the previously 178 recommended 800 square feet to approximately 1,652 square feet; however, the 179 maintenance building, now on two levels, is acceptably designed to integrate with the 180 grades by incorporating a basement level while at the same time attaching the facility 181 to the existing golf course restroom that would be remodeled to satisfactorily blend 182 with the maintenance facility design,thus fulfilling one of the previous Town Council's 183 design option conditions during the Preliminary Plan approval. Since the final design 184 of the maintenance building is now being proposed, it is acceptable to review and 185 consider that portion of the application together with the Final PUD versus by separate 186 Special Review application as previously noted in the Preliminary PUD Guide. 187 TC Ord. 09-09 Page 5 of 13 188 6) The Applicant has satisfactorily demonstrated to the satisfaction of the Town Council 189 that exterior finishes proposed on the maintenance building would either match 190 portions of the exterior finishes on the proposed main building addition and/or 191 complement the architectural style or palette of materials on the adjoining Anderson 192 Ranch property, including a complementary treatment of painted concrete for the 193 exposed foundation walls of the maintenance building, for purposes of achieving 194 aesthetic compatibility. 195 196 7) The Applicant requests a variation from the Town's 25-foot wetland/riparian setback 197 established by Municipal Code Section 16A-4-30(e)(1), "Setback Standards,' under 198 the Brush Creek Impact Area. The Applicant's proposed changes in this area, now 199 including the proposed maintenance building, in addition to other development such 200 as underground utilities, roads,trails, bridges and similar facilities are excepted items 201 pursuant to Municipal Code Section 16A-4-30(e)(1)b, "Exception for other necessary 202 structures;" And, concerning the maintenance building in particular, the proposed 203 encroachment into the 25-foot wetland/riparian setback has less of an impact than the 204 other surface development impacting the setback area,and the Town Council applies 205 the Code's 'other types of development' category by super-majority vote via this 206 ordinance, because the Applicant has satisfactorily demonstrated,pursuant to Section 207 16A-4-30(e)(1)d of the Municipal Code,that the encroachment is unavoidable due the 208 location of the creek in relation to the current location of the golf course restrooms that 209 would be attached to and retrofitted with the design of the maintenance building as a 210 whole. 211 212 8) Pursuant to Municipal Code Section 16A-4-310(7),"Off-Street Parking Standards,"the 213 changes to the seating counts in the main building addition from 300 to 320 214 permanent seats at a ratio of 1:3.3 and a decrease of temporary seats from 50 to 30 215 seats at a rate of 1:5,which rates are reasonable, insignificantly increases the parking 216 requirement from 101 to 103 spaces, assuming the building addition operates 217 individually without the concurrent operation in the existing facilities pursuant to the 218 Parking Agreement section in the Development Agreement(Exhibit"D"); Further,the 219 application appears to acceptably show the proposed expansion of the parking 220 provided on Lot 2A by 12 spaces as previous recommended during the Preliminary 221 Plan review, thus increasing the overall parking provided on site from 106 to 121 222 spaces, inclusive of handicap parking provisions,making the net cumulative difference 223 on-site between parking requirements and parking provisions negligible when 224 compared to what was proposed during the Preliminary Plan review; and therefore, 225 the Final PUD parking provisions are acceptable; Additionally, as the previously 226 offered off-site overflow parking commitment of 26-32 spaces for larger events has 227 been proposed for elimination with the Applicant's parking amendment dated May 11, 228 2009, the Applicant's shared alternative parking plan together with substitute parking 229 management strategies have satisfactorily demonstrated compliance with the Code's 230 criteria in that: 231 232 a) the Applicant has offered an additional 12 contingency parking spaces on Lot 2A; 233 b) the Applicant has offered valet and bus services for special events, also per the 234 identified location for off-site valet parking during these events including the 235 consent from the affected property owner or representative thereof; TC Ord. 09-09 Page 6 of 13 236 c) the joint'Parking Lot Use, Maintenance& Improvement Agreement'forthe shared 237 usage of the parking on Lot 2A originated in 1998 among the private parties, that 238 include the Applicant and adjacent off-site owners and users, has continued to 239 remain in effect; 240 d) the Applicant is willing to coordinate with the Town's Transportation Department 241 concerning usage of public shuttles for special events, subject to reimbursement 242 by the Applicant of reasonable service costs; and 243 e) per the above noted parking management strategies and the proposed community 244 purpose for a transit shelter together with bus pull out and sidewalk on Owl Creek 245 Road, the Applicant has offered options to automobile usage per Code Section 246 16A-5-310(c)(2)b. 247 248 9) There are minor exterior finish changes on the main building elevations together with 249 height measurement changes, as they are mainly resulting from minor final grading 250 changes,and the maximum building height and steeple elevations for the main chapel 251 addition remain the same, and the maintenance building heights are acceptable 252 meeting the previously established 40-foot height limitation as measured from existing 253 and proposed finished grades and that all existing and proposed buildings acceptably 254 meet the previous maximum average height of 25 feet for the campus as a whole. 255 256 10) Pursuant to Municipal Code Section 16A-4-410, "Restricted housinq requirements," 257 the Applicant has satisfactorily mitigated the 434 square feet of required employee 258 housing by proposing to deed restrict the existing unit of 649 square feet per the 259 development agreement commitments and the operational restrictions in the 260 declaration of the deed restriction and agreement. 261 262 11) Similar to the findings in the Preliminary Plan Resolution No. 9, the Final PUD 263 application and the proposed variations or modifications thereto to buildout and height, 264 subject to the conditions in Section Three of this Ordinance, acceptably meet and 265 comply with the other review and approval criteria in Municipal Code Section 16A-5- 266 360, Final Plan Review Intent and Issues,Section 16A-5-300(c),General Restrictions, 267 and Section 16A-5-310, Review Standards. 268 269 12) Similar to the findings in the Preliminary Plan Resolution No. 9,and as the proposal is 270 also an amendment to the previous PUD approval, the Final PUD application also 271 complies with the review standards in Municipal Code Section 16A-5-390,Amendment 272 of Final Plan, as follows: 273 274 a) The proposal is consistent with or an enhancement of the original PUD approval; 275 b) The proposal will not have a substantially adverse impact upon the neighborhood 276 surrounding the land where the amendment is proposed as defined in Resolution 277 9; 278 c) The proposal will not change the basic character of the PUD or surrounding areas 279 because the principle usages on the site are primarily the same; and 280 d) The proposal, per the finding above, complies with other applicable standards. 281 282 13) The community purposes previously offered by the Applicant,as would be acceptably 283 implemented per the Final PUD plans or the associated agreements, are satisfactory TC Ord. 09-09 Page 7 of 13 284 to justify the variations, and include: 285 286 a) 4,000 square feet of community purpose space in the existing facilities as further 287 described and illustrated in the Development Agreement (Exhibit "D"); 288 b) Employee housing over and above the square footage required for mitigation; 289 c) A vehicular bridge and culvert replacement; 290 d) A transit passenger waiting shelter,together with bus pull out and sidewalk along 291 Owl Creek Road; and 292 e) Brush Creek stabilization and habitat restoration and enhancement. 293 294 14) The Applicant has addressed or adequately responded to or implemented the 295 directives or conditions of approval in Preliminary Plan Resolution 9. 296 297 15) Concerning the Applicant's request for waiver from the Town's Building Efficiency and 298 Renewable Offset Program in Ordinance No. 11, Series of 2008,the Applicant has/ 299 has not satisfactorily met the criteria for community benefit, or public safety need 300 concerning the containing approximately 301 square feet. The portion of the waiver requests involving 302 containing approximately square feet does/does not meet the criteria 303 for community benefit, or public safety need as described or illustrated in attached 304 Exhibit"I." 305 306 Section Two: Action. Pursuant to the findings stated in Section One of this ordinance,the 307 Town Council approves the following development and agreements,subject to complying with 308 or implementing the conditions outlined in Section Three of this ordinance: 309 310 1) Amendments to the Official Zone District Map. The Town Council hereby approves 311 and ratifies by this ordinance the re-zoning as shown on attached Exhibit "A," 312 incorporated herein, including exchanged land areas totaling 16,334 square feet by 313 separate resolution, for the proposed lots on the accompanying final re-plat also 314 pursuant to a separate resolution, to "MU-1" on Lots 1 and 2A of the Second 315 Amendment Plat,Snowmass Interfaith Chapel Subdivision; Lot 2(Yarrow Park)of the 316 same re-plat shall remain 'PUD' zoning. 317 318 2) Final PUD Plan. The Town Council, having considered all relevant materials and 319 testimony, the Planning Commission's recommendations, Town Staff comments, 320 analyses and recommendations, and public comments, hereby approves the Final 321 PUD Plan application and the modifications thereto for the proposed Snowmass 322 Chapel Expansion Project as further described and illustrated in: 323 324 a) Exhibit"B" Final PUD Guide as incorporated herein and its exhibits by reference; 325 b) The Final PUD Plan civil engineering drawings and specifications, water and 326 sewer plans, final landscape plan, architectural building elevations, exterior 327 materials and color schemes, and floor plans; 328 c) The Chapel's parking management plan and the supplemental amendment 329 thereto dated May 11, 2009; 330 d) Exhibit "C" of the Subdivision Improvements Agreement and its exhibits or 331 referenced exhibits, including the civil drawings, the vehicular bridge and culvert TC Ord. 09-09 Page 8 of 13 332 replacement; parking construction for 12 additional spaces on Lot 2A, a fire 333 access lane, the transit passenger waiting shelter, together with bus pull out and 334 sidewalk, Brush Creek stabilization and habitat restoration and enhancement; 335 landscaping; and the construction management plan; 336 e) Exhibit "D" of the Development Agreement outlining the provisions of the 4,000 337 square feet of community purpose spaces in the existing facilities, the parking 338 agreement provisions including the parking amendment, and the employee 339 housing commitments; 340 f) Exhibit"E" of the deed restriction for the existing employee housing unit; 341 g) Exhibit"F"of the Vested Property Rights Development Agreement for a maximum 342 period of 10 years with conditions upon approval of the Final PUD approval via this 343 ordinance, subject to the affected condition in Section Three of this ordinance; 344 h) All other plans or documents as set forth in the Final PUD Plan application 345 notebook dated January 26, 2009, the supplemental amendment for parking 346 management plan adjustments dated May 11, 2009, and the supplemental 347 responses and information provided by the Applicant dated March 30, 2009 and 348 June 1, 2009 in response to staff comments or Town Council issues and 349 concerns, which collectively are incorporated herein by these references. 350 351 3) Building addition height variation. The Town Council approves and ratifies by this 352 ordinance a variation from the maximum permitted building height limitation of 40 feet, 353 per the originally approved PUD, for the building addition as such heights are more 354 particularly described and listed in Exhibit"B," Final PUD Guide, attached hereto, in 355 the affected height tables and the building elevation drawings incorporated by 356 reference. The height variation for the building addition is as follows: 357 358 a) South building addition elevation: to an elevation of 8209.27 feet above mean sea 359 level or a maximum height of 46.0 feet from finished grade and 45.1 feet from 360 existing grade. 361 b) North building addition elevation: to an elevation of 8209.27 feet above mean sea 362 level or a maximum height of 58.0 feet from finished grade and 55.6 feet from 363 existing grade. 364 365 4) Steeple height proportion. The Town Council approves and ratifies by this 366 ordinance the steeple height proportionality at 8232.69 feet above mean sea level 367 elevation or a maximum 66.4 feet from finished grade and 68.9 feet from existing 368 grade, including (versus excluding) any appurtenance, as further described or 369 illustrated in Exhibit "B," Final PUD Guide. 370 371 5) Buildout floor area variation. The Town Council approves and ratifies by this 372 ordinance the variation from the Buildout Chart's buildout designation for the 373 Snowmass Chapel expansion and existing campus,collectively,to permit up to 29,700 374 square feet of floor area on Lot 1 of the Second Amendment Plat, Snowmass 375 Interfaith Chapel Subdivision, that incorporates the land exchanges including the 376 adjoining portions of Parcel 10 of the Snowmass Club Subdivision by separate 377 resolutions. Such 29,700 square feet of buildout floor area includes up to 378 approximately 1,652 square feet for a maintenance facility, 1,212 square feet of 379 covered walkway on the existing facility and 2,010 square feet of covered walkways or TC Ord. 09-09 Page 9 of 13 380 exterior entryways on the proposed building addition. 381 382 6) Buildout Chart amendment. By approving the buildout variation described above, 383 Town Council directs the Town Staff to amend the Buildout Chart of the 384 Comprehensive Plan in accordance with this ordinance which ratifies the approval of 385 the buildout variation. 386 387 7) Development encroachment into 25-foot wetland setback area. The Town 388 Council approves the development intrusion into the 25-foot wetland setback area 389 between the narthex entrance for the building addition and Brush Creek,and between 390 the proposed maintenance building and Brush Creek,as described or illustrated in the 391 application materials. 392 393 8) Waiver from Building Efficiency and the Renewable Energy Offset Program 394 Standards. The Town Council hereby grants/denies the Applicant's waiver request 395 for containing approximately square feet. The 396 only portion of the waiver request granted / denied is for the 397 containing approximately square feet as 398 described or illustrated in attached Exhibit 1." 399 400 Section Three: Conditions. The Town Council makes the following conditions for the 401 Applicant to comply with or implement: 402 403 1) Considering the loss of the previously offered off-site overflow parking commitment, 404 the Applicant shall install and stripe the previously committed contingent 12 additional 405 parking spaces on Lot 2A with the building addition as represented in the Applicant's 406 Final PUD plans, prior to the issuance of a Certificate of Occupancy on the building 407 addition in efforts to accommodate potential additional parking demands due to 408 special events. 409 410 2) Prior to issuance of any permit for commencement of construction or a building, the 411 Applicant shall submit an updated Letter of Credit during the approved vesting period 412 covering the current cost at the time the improvements are planned to be constructed 413 with the project, subject to review and approval by the Town Engineer, and such 414 condition may be added to the Subdivision Improvements Agreement(S.I.A.) prior to 415 execution and recording. 416 417 3) Prior to commencement of construction, the Applicant shall complete final civil plans 418 and resolve the remaining comments dated April 22, 2009 in attached Exhibit "H," 419 incorporated herein, to the satisfaction of the Town Engineer, including coordination 420 with the Snowmass-Wildcat Fire Protection District concerning the final acceptable 421 design and weight load capacity of the bridge prior to commencement of construction 422 or the issuance of a grading permit. 423 424 4) Prior to the issuance of any permits, the Applicant shall enter into, complete and 425 execute the following agreements or covenants, and the Mayor shall have the 426 authority on behalf of the Town to execute the agreements for acceptable form and 427 content, for recording at the Applicant's expense following final execution: TC Ord. 09-09 Page 10 of 13 428 429 a) Subdivision Improvement Agreement (SIA), in general conformance with the 430 Applicant's original Final PUD submission January 26, 2009, as described in 431 attached Exhibit"C"that guarantees the installation of grading and storm drainage 432 facilities, new water and sanitary sewer utility lines; electric, gas, telephone, and 433 cable TV facilities;vehicular bridge and culvert replacement;parking construction 434 for 12 additional spaces on Lot 2A, a fire access lane, transit passenger waiting 435 shelter, together with bus pull out and sidewalk, Brush Creek stabilization and 436 habitat restoration and enhancement; landscaping; associated easements as 437 needed; and the maintenance, repair,default and remedy provisions, including the 438 SIA's exhibits(incorporated herein by reference)for the,a)lot line adjustment plat, 439 b) engineered plans and specifications (civil drawings), c) the transit passenger 440 waiting shelter, d) the Brush Creek stabilization and habitat restoration and 441 enhancement plan,e) landscape plan,f)subdivision improvements cost estimates 442 which shall be reviewed and accepted by the Town Engineer), and g) the 443 construction management plan (incorporate herein by this ordinance). 444 445 b) Development.Agreement, in general conformance with the Applicant's March 10, 446 2009 supplemental submission, as described in attached Exhibit "b," which 447 outlines the provisions for, a) the commitment of community purpose space as 448 offered by the Applicant, b) the parking agreement, including the amendment 449 provisions for parking management plan adjustments dated May 11,2009,and c) 450 the employee housing commitments. 451 452 c) Declaration of Deed Restriction of the existing employee unit, in general 453 conformance with the Applicant's original Final PUD submission January 26,2009, 454 as described in Exhibit"E,"that outlines the restriction on the usage and operation 455 of the residential unit including lease and rental rates. 456 457 d) Vesting Property Rights Development Agreement,in general conformance with the 458 Applicant's March 10, 2009 supplemental submission, as described in attached 459 Exhibit "F," which shall limit the duration of the vesting of property rights to a 460 maximum of 10 years upon the Final PUD approval via this ordinance, subject to 461 the following language changes for the duration of such vesting: 462 463 Duration: "In consideration of Developer's performance of its obligations 464 undertaken in the Other Agreements and in recognition of the time and 465 expense required to complete the development of the Property and the 466 effect of varying economic cycles and market conditions, the Town has 467 concluded and agrees that the Vested Property Rights shall be vested and 468 continue for a period commencing on the date hereof and expiring on 469 August 5, 2014 (the "Initial Vesting") and, if Applicant/Developer has, a) 470 completed its fund raising/financing to assure completion of the 471 construction project within approximately 18-14 months, b) executed all 472 agreements as conditioned in Ordinance No. 9, Series of 2009, and c)a 473 grading permit, subject to approval of the final civil drawings by the Town 474 Engineer, has been issued in advance of a building permit for the primary 475 building addition to begin construction of the of the development of the TC Ord. 09-09 Pagel 1 of 13 476 Property within the Initial Vesting period, the Vested Property Rights shall 477 be extended upon the expiration of the Initial Vesting for another five (5) 478 year period expiring on August 5, 2019. Unless expressly provided to the 479 contrary therein, all modifications and amendments to the Ordinance or any 480 other material related to the development of the Property shall become part 481 of the Vested Property Rights recognized hereunder automatically upon 482 approval by the Town and such vesting shall last throughout the term of the 483 vested rights. (Note: See Applicant's optional language in the Vested 484 Rights Development Agreement, Exhibit "F") 485 486 5) The building construction plans shall illustrate the partition wall for heated and 487 unheated areas within the Maintenance Building in accordance with the Applicant's 488 response dated June 1, 2009 to the satisfaction of the Chief Building Official prior to 489 issuance of a building permit. 490 491 6) The Applicant shall review with the Town's Chief Building Official the lighting plan 492 submitted with the building construction plans to determine conformity with the 493 Lighting Ordinance No. 18, Series of 2003. 494 495 7) The Applicant shall complete all actions or matters, which in the opinion of the 496 Planning Director and the Town Attorney,are necessary to satisfy or dispense with the 497 completion, execution and/or recording of all documents,such as the agreements and 498 the deed restriction for the existing employee unit,that are necessary to implement the 499 conditions of this Ordinance and the requirements of the Municipal Code, before the 500 associated off-site easements, subdivision exemptions and related final re-plat are 501 executed and placed of record. Should disagreements arise that cannot be resolved 502 between Town Staff and the Applicant, the matter shall be referred to the Town 503 Council for final direction and/or determination. 504 505 8) Concerning the provisions in the updated Construction Management Plan pertaining to 506 the coordinated communication concerning construction activity and operations, the 507 Applicant shall: 508 509 a) Shall prohibit construction staging from taking place within Lot 2A when an event 510 is scheduled at the site or on adjacent properties; and 511 b) Regulate closure of the pedestrian trail for only short-term delays for purpose of 512 allowing construction traffic to safely pass by. 513 514 9) Under the direction of the Planning Director, periodic reviews in the field of the 515 construction details associated with the project shall occur as reasonably necessary to 516 determine compliance with the design character standards specified within the Final 517 PUD approval. The Applicant shall make field adjustments if such adjustments are 518 determined by the Planning Director to be necessary to comply with the Final PUD. 519 The Planning Director may refer matters of this type to the Town Council for direction 520 as necessary to ensure consistency with the representations made by the Applicant 521 during the PUD review process. 522 523 10) Certain refinements, modifications,or amendments to the Construction Management 524 Plan may be required by the Town in response to impacts, complaints or concerns TC Ord. 09-09 Page 12 of 13 525 which were not apparent at the time application was made. In addition,the Applicant 526 may find it necessary to notify the Snowmass Village Planning Department of 527 necessary additions, modifications, or amendments to the plan during the course of 528 construction. The changes may be permitted with written approval of the Planning 529 Director, who may refer the matter to the Town Council for final determination. 530 531 11) The Applicant shall provide a copy of any United States Army Corps of Engineers 532 permits required for any wetland or riparian area that would be disturbed by this 533 development, prior to any construction affecting said wetlands or riparian areas. 534 535 12) To address potential noise related concerns regarding the new carillon concert 536 provisions in the Final PUD Guide, the Applicant shall: 537 538 a) Comply with Municipal Code Section 10-101, 'Noise, unreasonable' regarding the 539 operation of the carillons and any interior noise emanating from the structures. 540 b) It is understood that the Applicant shall coordinate with the private or surrounding 541 property owners, to include representatives of Seasons Four, Fairway Three, 542 Snowmass Villas (Blue Roofs) condominium homeowner's associations, and 543 Anderson Ranch concerning the carillon concert plans and scheduling in advance 544 of such concerts to achieve a reasonable resolution of concerns they might have 545 regarding noise related issues. 546 c) Locate and position all carillon bells or related appurtenances in a manner so as to 547 minimize the projection of sound beyond the exterior boundary of the premises. 548 549 The determination of whether a complaint is or is not reasonable or whether 550 reasonable efforts have been made to resolve a noise related problem or complaint 551 shall be at the discretion of the Planning Director. Failure by the Applicant to 552 demonstrate that reasonable efforts were made to resolve a significant majority of said 553 complaints shall be cause for modification of the noise section in the Final PUD Guide 554 by the Planning Director. The Applicant will either amend their carillon system or 555 operation thereof accordingly or request that the matter be reviewed by Town Council 556 for final determination. 557 558 13) Town Council authorizes the Town's Planning Director to modify the Final PUD Guide 559 in attached Exhibit "B" as needed for consistency with the findings and conditions in 560 this ordinance. 561 562 14) Following execution, this ordinance and its exhibits shall be recorded, at the 563 Applicant's expense, with the Pitkin County Clerk and Recorder. 564 565 Section Four: Severability. If any provision of this Ordinance or application hereof to any 566 person or circumstance is held invalid, the invalidity shall not affect any other provision or 567 application of this Ordinance which can be given effect without the invalid provision or 568 application, and, to this end, the provisions of this Ordinance are severable. 569 570 Section Five: Enforcement. Obligations herein this Ordinance shall be binding on the 571 Applicant, its affiliates, successors and assigns. 572 TC Ord. 09-09 Page 13 of 13 573 INTRODUCED, READ,AND APPROVED on first reading by the Town Council of the 574 Town of Snowmass Village, Colorado on this 6'h day of July 2009, upon a motion made by 575 Council Member and the second by Council Member upon a vote 576 of_ in favor and _against. 577 578 READ, APPROVED AND ADOPTED on second reading by the Town Council of the 579 Town of Snowmass Village, Colorado on this 20`h day of July 2009, upon a motion made by 580 Council Member and the second by Council Member upon a vote 581 of_in favor and _against. 582 583 TOWN OF SNOWMASS VILLAGE 584 585 586 587 Bill Boineau, Mayor 588 589 ATTEST: 590 591 592 593 Rhonda B. Coxon, Town Clerk 594 595 APPROVED AS TO FORM: 596 597 598 599 John C. Dresser, Jr., Town Attorney 600 601 602 603 604 Attached Exhibits or proposed for insertion or reference thereof. 605 606 607 Exhibits to Ordinance No. 9, Series of 2009, incorporated herein and/or by reference: 608 Exhibit "A"— Re-zoning exhibits and legal descriptions 609 Exhibit"B"— Final PUD Guide with its exhibits 610 Exhibit "C"— Subdivision Improvements Agreement (with its exhibits incorporated by 611 reference only) 612 Exhibit "D"— Development Agreement, outlining provisions for the community purpose 613 space, the parking agreement (including the amendment for the parking management plan 614 adjustments dated May 11, 2009), and the employee housing commitment; 615 Exhibit "E"— Declaration of Deed Restriction on the existing employee unit 616 Exhibit "F"—Vested Property Rights Development Agreement 617 Exhibit "G"— Buildout Chart revision 618 Exhibit"H" — Outstanding comments dated April 22, 2009 from the Town Engineer. 619 Exhibit "I"— Drawing illustrating portion of snowmelting system to remain and the portion to 620 be removed. Exhibit "A" Town Council Ordinance No. 9, Series of 2009 Insertion for - Re-zoning map exhibit and legal description AI® YnYR. T M M ORifCAL ZONT D[ MICI YAP FDA SNOWMASS INTERFAITH CHAPEL LOT 1 LOT LINE ADJUSTMENT PLAT LOT 2 SNOWMASS INTERFAITH CHAPEL SUBDIVISION j WT 2A SNOWMASS [ NTERFAITH CHAPEL SUBD[ VSSON REPLAY A PARCEL OF LAND SUVATED IN SF= OR I TOWNSHIP 10 SOVTR. RANGE M WEST OF THE 8th P.Y. COUNT' OF PITLIN. STATE OF COLORADO N_- SNP1' TI OF I I pti ^ uj r (- y3 - lit 111 POP'~ i 6 aAm FYq pI j l` Ii Apm Y lwYgip/ J 1 ltl. p gN/ a 1. a TRACTTH4CT 02 wrvrr a paY. R1Yl. A/ AtAM SMIYYI) p3b.. Tp MIYI] O/ rNI3Mx fp/9[ IO/ IIYt. CM/ F6il OPy/ pip pP R / Mtl I4 a! pIPR f VMA] VMwPM RYIJ/ OR 4k' pd xY r appau cxexa` ry tlppptl/ ld O h. tilpV/ 9 M ` N" '. q pai, I. VUM 4v. ANNA ro 96 ZONln H Sxx rsv @ Yu- i. CUNAE y PM Acv] Yav. i T—• nif' i. ou-. Prx: r i / a/ Lp 9O1M4pNp . wY SPA- 1! @LCUU. r ou OVPLLL 02TM PWYLD AREA VL till 6N O FUn. PLNN® UNR 0.4 OPEN 9PA4 nLVAovA¢ x+ YYP avi Atl0 N ltl/P/ LU( P1Mtl/ J j Y0. 4R[' 15vAA' p l 1fRt QYS SPll/ SOPRIS EN' GINF RING- LC XL ann CONSW. TA W2 MAIN 4lW sum AO CAMOND".. COwnMO elaza Exhibit "B" Town Council Ordinance No. 9, Series of 2009 Insertion for - Final PUD Guide with its exhibits Snowmass Chapel and Community Center Final Planned Unit Development Guide F —I- i JUNE 20. 2009 Deleted:DECEMBER 11 Deleted:e Final PUD Guide Table of Contents Section page I Purpose 5 II Intent 5 III Zone District 6 IV Planned Unit Development Uses and Dimensional Limitations 6 A. Allowed Uses on Lot 1 6 B. Accessory Uses Allowed on Lot 1 6 C. Allowed Uses on Lot 2A 7 D. Prohibited Uses on Lot 1 and Lot 2A 7 E. Parcel Size 7 F. Maximum Gross Building Ground Coverage 7 G. Maximum Building Floor Area 8 H. Maximum Building and Average Campus and Sanctuary Height 8 I. Residential Dwelling Unit Permitted 9 J. Minimum Open Space 9 K. Minimum Number of Parking Spaces 9 V. Building Design Guidelines 10 VI. Landscape Guidelines 10 VII. Parking Management and Contingency Plan 10 VIII. Dwelling Unit Restrictions 11 IX. Lighting 11 A. Exterior Site Lighting 11 B. Internal Building Lighting 12 X. Chapel Bells 12 A. Period of Use 12 Deleted:2 B. Carillon Bell Sound and Impacts on Community 13 Deleted:December I Deleted:8 2 Snawmann Chapel Final PUD Guide lone P0.2002 XI. Enforcement 14 Deleted:3 XII. Modifications to the Final PUD Guide 14 A. Major Modification 15 Deleted:4 B. Minor Modification 15 - Deleted:4 C. Determination of Use Compatibility 15 Deleted:4 Deleted:Deeemher 11 Deleted:8 3 6nowmaes Chapel Final PUD Guide Brine?D.YODQ List of Exhibits Number Exhibit 1 Legal Description of the Property 2 PUD Site Plan 3 Architectural Elevations and Building Materials 4 Campus Building Height and Floor Area 5 Landscape Plan 6 Lighting Plan Deleted:December 11 Deleted:8 4 Snommaee Chapel Final PUD Guide Jun,20 POOQ r I. Purpose The purpose of the Snowmass Chapel and Community Center Final PUD Guide is to serve as the land use and development regulations that will control development and use of the property identified in this application. While the zoning of the property will be MU-1,this Final PUD Guide shall regulate the use of land,area and bulk,height,permitted uses,and provides supplementary regulations and standards that will be carried out in the PUD,a legal description for which is provided in Exhibit 1. These standards and restrictions are appropriate to and based on the specific conditions at this location. This Final PUD Guide, while allowing for appropriate levels of development flexibility,will ensure proper development of the project and protect public health,safety,and general welfare. II. Intent The Snowmass Chapel and Community Center Planned Unit Development(PUD)is a development plan for the use of the property that will accommodate the growing congregation and support the community at large with a large gathering place that is accessible to the entire Snowmass Community. The allowed uses are consistent with the ministry and community-oriented mission of Snowmass Chapel Incorporated(SCI),a Colorado Non-Profit Corporation. The new Sanctuary building will accommodate religious worship services. While this will be its primary function,it also provides space for professional counseling services,concerts, meetings,conferences and similar community activities when parking is available. The new sanctuary space will be designed to accommodate 320 persons in fixed pew seating with additional overflow capacity of approximately 30 persons.~his is 120 permanent seats and _- Formatted:Font:Cahen,12 of 30 temporary seats more than are accommodated before the PUD Amendment. It is recognized that this facility serves the community in a variety of ways. SCI, in the Final PUD Guide,provides a"Community Purpose Commitment Agreement,"the purpose of which will be to provide the Town with the opportunity to use space within the facilities to ensure the community's residents and guests that community facility space is available in the future to serve their needs. SCI commits to allowing those community service uses that have taken place on the property in the past. Such uses will continue to be allowed under this Final PUD Guide. With the construction of the new sanctuary building,existing internal building space may be remodeled to allow for better functional use. This Final PUD Guide sets forth the parking regulations that all uses will be subject to, whether they exist or those that may occur in the future. The availability and number of parking spaces,given the joint use parking agreement with Anderson Ranch,require proper scheduling and possibly limits on the size of activities that might occur. Deleted:Decemhe,rr Deleted:8 5 Snowmass Chapel Final PUD Guide unr 80 2002 Finally,the purpose of this Final PUD Guide is to define those uses that will be prohibited. While the MU-1 zone district allows a variety of uses,this Final PUD Guide further restricts the use of the property and buildings thereof only those specific uses that are consistent with SCI's ministry and community-oriented mission. This Final PUD Guide will preserve certain levels of flexibility in the use of the floor area that will be provided in the project to ensure that SCI can continue to meet the needs of the community in the future. The project will be developed according to the PUD Site Plan, attached as Exhibit 2. III. Zone District The zoning for Lot 1 and 2A of the Snowmass Interfaith Chapel Subdivision is Mixed Use MU-1). While there is a variety of land uses allowed in the MU-1 zone district,this Final PUD Guide sets forth the final provisions,terms and conditions for all development and shall constitute the final zoning and development regulations for Lot 1 and 2A of the Snowmass Interfaith Chapel Subdivision,for which it has been adopted. IV. Planned Unit Development Uses and Dimensional Limitations A. Uses Allowed on Lot 1 Chapel and Church services and related activities and programs Community Center Special Community Events and Gatherings Picnic areas Walkway and trails Open Space and passive recreation B. Accessory Use Allowed on Lot 1 Seminars,conferences and study related to the Principal Allowed Uses Community-oriented cultural activities and programs Small classes,workshops space and meeting rooms for the Principal Allowed Uses Counsel Rooms/Office,non-profit or private practices under the auspices of SCI. Study Kitchen Administrative Offices Residential Dwelling Unit Library Deleted:December 11 Accessory Maintenance Building,which may include the golf course restroom Deleted:e 6 Snowmass Chapel Final PUD Guide Jul e2 200$ C. Uses Allowed on Lot 2A Parking Trails Open Space D. Prohibited Uses on Lot 1 and 2A Retail Sales Establishments Commercial Lodging Commercial education institution Other Professional business offices not specifically described as an Allowed Accessory Use Commercial catering Any other use allowed in the MU-1 zone district that is not identified as an allowed use in this Final PUD Guide E. Parcel Size Lot 1 10S,023 SF Lot 2A 71,089 SF Total 176,112 SF F Maximum Gross Building Ground Coverage Existing Chapel Building 6,720 SF Existing Community Center Building 3,OOS SF New Sanctuary Building 9,240 SF Maintenance Building SMSF Deleted:90 Total 19,837 SF Deleted:gas Deleted:December II Deleted:8 7 Snuwmoes Chapel Final PUD Guide Juno 2p,2008 r G. Maximum Building Floor Area Gross FA LUC FA Existing Chapel Building 6,720 SF 6,610 SF Existing Community Center Building 5,213 SF 4,728 SF Total Existing 11,933 SF 11,338 SF New Sanctuary Building Main Floor 9,240 SF 8,850 SF Lower Level 7,325 SF 6,485 SF Upper Level 1,400 SF 1,310 SF Maintenance Building Upper Level BASF ...... _ 87ZSF- - ------- - Deleted:9so Lower Level 825 SF 780 SF Deleted:9so Deleted:6ae Total New Construction 19,6SF- 18,2975E Deleted:770 Deleted:273 Total PUD 31,SMSF 29,635 SF Deleted:703 Deleted:611 Note: A maximum of 29,700 SF of floor area,as measured under the provisions of the Town of Snowmass Village Municipal Code,shall be allowed. See Exhibit 4 for actual floor area calculations.) H. Maximum Height and Average Campus and Sanctuary Height see Exhibits 3 and 4 for building elevations,calculations and height matrix) Maximum Sanctuary Building Height 58'from finished grade on north end of building 46'from finished grade on south end of building Top of Sanctuary Roof Ridge Elevation 8209.27 Feet Maximum Maintenance Building Height 25 feet from finished grade on north end of building; 16 feet from finished grade at the south building elevation Average Campus Height 22.5 Feet Percentage of Sanctuary over 40 Feet 43%Finished Grade Deleted:December 11 Deleted:a 8 Snowmaee Chapel Final PUD Guide June 20.200,2 45%Existing Grade Maximum Steeple Height 68.92 feet from finished grade 68.9 feet from existing grade Deleted:5'cross on tap of steeple9 Elevation at Top of Steeple 8232.69 Feet and appurtenances I. Residential Dwelling Unit Number Unrestricted 0 Number Restricted 1 Minimum Unit size 6W SF Deleted: Bedrooms 1 Deleted:1 Units/Ac on Lot 1 1/2.361 Ac J. Minimum Open Space Lot 1 Square Feet Provided 8 21 SF, Deleted:z Percentage of Site 8 % Deleted:ssa Deleted:(Need Quint to Calculate) Lot 2A Deleted:o Square Feet Provided 71,089 SF Percentage of Site 100% Total Square Feet Provided 153,679 SF Percentage of Site 88% K. Minimum Number of Parking Spaces Lot 1 handicapped 3 Lot 2A regular(minimum) 115 Lot 2A handicapped 3 Total Minimum Spaces Required 121 Deleted:Deoem6er 11 Deleted:8 9 Snommass Chapel Pinal PUD Guide lecn.2 0.2002 V. Building Design Guidelines A. The architectural design of the new Sanctuary and Maintenance Building shall comply with the elevations and design details provided in Exhibit 3. All building materials and color schemes also will comply with the illustrative materials provided in Exhibit 3. B. The building height and total for the new sanctuary,maintenance building,and the remainder of the campus shall be in accordance with Exhibit 4, VI. Landscape Guidelines A. The minimum landscape provided in the PUD shall conform to the PUD Landscape Plan,illustrated in Exhibit 5. B. SCI may make field changes to the overall landscape plan,so long as a minimum landscape complies with the intent of the plan depicted in Exhibit 5 and the modifications occur outside of the delineated wetland boundary. Such changes are considered supplemental to the approved plan. C. All ground cover identified in the landscape plan in Exhibit 5 will be established in one growing season. D. SCI shall provide routine maintenance to control noxious weeds on the property. SCI shall notify the Town landscape architect prior to conducting maintenance. SCI shall conduct such routine spring and fall maintenance for two years immediately following the completion of construction and occupancy of the Sanctuary Building. Following this,SCI shall periodically maintain noxious weeds on an as needed basis or according to Town Codes and Ordinances. E. SCI shall undertake the restoration of all impacted areas within the Town's 25-foot wetland/riparian setback. All non-native plants in the setback area shall be removed in conjunction with the approved Stream Restoration Plan. VII. Parking Management and Contingency Plan A. SCI will maintain a parking lot on Parcel 2A,and such parking may be shared under a joint use parking agreement with Anderson Ranch Arts Center or as set forth in a Development Agreement between the Town of 5nowmas5 Village and Snowmass Chapel Incorporated("Development Agreement")dated 200_ Deleted:Deeemher 11 Deleted: 10 Snowmass Chapel Final PUD Guide dune?d.Pd02 B. SCI shall comply with the parking lot management and contingency parking plans set forth in the Development Agreement. VIII. Dwelling Unit Restrictions A. One residential dwelling unit, measuring at least 620 square feet,shall be maintained on Lot 1 at all times. The use,occupancy,and other matter pertaining to the dwelling are set forth in a Development Agreement between the Town of Snowmass Village and Snowmass Chapel Incorporated("Development Agreement")dated 200 IX. Lighting A. Exterior Site Lighting 1. All lighting shall comply with the standards set forth in this Section. 2. Walkway bollard lighting will not exceed four(4)feet in height and may be used along pedestrian paths/sidewalks as illustrated In Exhibit 6. Each bollard lamp will not exceed 50-watts. 3. A fully dimmable low-level ambient lighting shall be permitted along the covered walkways at the exterior sides of the Sanctuary.Fixtures shall completely shield lighting from entering the night sky by utilizing the buildings covered walkway system.Fixtures shall use a fully opaque shield,eliminating glare from any side viewing angles.Lighting shall not highlight the building itself.There shall be a 75-watt maximum per fixture and all lighting shall be down directed. 4. Vehicle bridge{plaza,and parking lot lighting shall bepfowncast and pole Delet dr . a mounted lighting fixtures shall not exceed 10 feet in height or 50 watts.They Deleted: shall be color corrected metal halide lamps to achieve the most compatible Delecea: mrec ea illumination with the existing lighting in the area. Parking lot lighting existing prior to the approval of this Final PUD Plan shall be allowed,but an,dlteration Deleted:. to such lighting following the Final Plan approval shall require the to a non- conformineliRht Deleted:for S. Up lighting of dense tree canopies shall not exceed per fixture 35,watts and Deleted:300 jSascivare eet of canopy.Deleted: Deleted:December 11 belched:8 11 Snowmo,a Chapel Final PUD Ceide 411ne 9/1 100 6. Exterior and interior lighting of the steeple two hours outside of a service or event shall be prohibited. 7. Lighting Management Plan. There will be a timer on exterior lighting so unnecessary external lighting is eliminated during the nighttime hours after building use. Exterior lighting will be turned off by timer at 11:00 PM,or sooner if possible,unless there is a special event when lights will be turned off after such event as set forth in this section. Exterior decorative door entryway lighting provided for security purposes shall be exempt from this requirement. 8. All exterior lighting shall be provided in locations set forth in Exhibit 6. B. Internal Building Lighting 1. SCI will use best efforts to operate internal building lighting such that night lighting for security and related purposes does not provide direct visual impacts from the exterior of the building. 2. There shall be no interior lighting beyond two hours of the conclusion of a evening service or event,and that during other times the interior lighting.on the main level shall only be on to meet Building/Fire Code requirements,for safety reasons,or for maintenance purposes. X. Chapel Bells A. Period of Use Carillon bells are permitted to be used for worship services,weddings,and memorials. At the discretion of SCI,the carillon bells can be used during the following times. 1. Noon 2. Memorials 3. Worship services 4. 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. S. Weddings Deleted:December 11 Odeted:8 12 Snommasa Chapel Finaf PUD Caide knc 9Q.200,9 r B. Carillon Bell Sound and Impacts on Community Staff notes that the Town Council appeared to accept the idea of carillon concerts._ Formatted:Font.tz pt 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 a 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 Communitv 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 enioved 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 Deleted:December 11 the Town Council receives significant and meaningful complaints about the Deleted:s 13 Snowmaw Chapel Final PUD Guide June 31J.2002 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 ' ' ' " Fomlatted:Indent: the carillon bells. It is recognized that this sound level is a target to ensure Hanging: a.s^ 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. XI. Enforcement A. The provisions of this Final PUD Guide are enforceable by the authority and powers of the Town of Snowmass Village,as allowed by law. Enforcement action will be consistence with the authority and action defined in the Town of Snowmass Village Land Use and Development Code. Except for use of land and the location of open space,which shall run in favor of the Town,all other provision of this Guide will run in favor SCI to the extent expressly provided in this Guide and following its terms and conditions. B. Notwithstanding paragraph A above,the Town may impose upon SCI an enforcement mitigation fee"of up to$1,000 per day or a sum equal to the actual Town costs incurred when it is determined that the parking lot management program set forth in the Development Agreement are not effective in controlling the traffic Impacts and parking demand upon the facility and the Town was required to provide traffic and/or parking control on nearby public streets for events utilizing the parking on the chapel site. XII. Modifications to the Guide It is anticipated that modification to this Guide will be necessary from time to time. This Guide provides three ways to modify the terms and development regulations and standards Deleted:December II provided to herein. These shall be as follows: Deletetl:8 14 Snowman Chapel Final PUD Guide June Y0.2002 A. Major Modification All major modifications will require an amendment to the Snowmass Chapel and Community Center Final PUD Plan. Major modifications are those changes or amendments that substantially alter the allowed uses,dimensional limitations except where allowed by minor modification), or the overall character of all or part of the PUD. Major modifications will be defined and processed according to Section 16A-5-390 of the Town of Snowmass Village Land Use and Development Code B. Minor Modification Minor Modifications are those changes that will not alter the original concept of the project and result in a change that continues to be consistent with the original intent of the PUD. Applications for minor modifications will be processed according to 16A- 5-390 of the Town of Snowmass Village Land Use and Development Code and will be approved if it is found consistent with the establishment goals of the Final PUD Guide,with the exception of minor changes to the exterior building design and interior floor plan,as represented in this Final PUD Guide,which may be approved by the Planning Director provided such changes do not affect the building mass and scale. Additionally,minor modifications may or may not require an amended final plat. C. Determination of Use Compatibility In the event that a land use is proposed in the PUD that is not specifically described in the list of permitted uses or the list of existing uses that now occur in the PUD,SCI will submit the use and the anticipated impacts associated with the use to the Planning Director. The Planning Director will determine if the use is similar in scope and impact to other uses already allowed or existing in the PUD. If the Planning Director determines that the use is comparable,the use will be allowed. If the Planning Director determines that there are unique characteristics that merit further review,the Planning Director shall refer the question to the Town Council on its next available agenda for a determination. If it is determined that the use is not comparable to allowed and existing uses in the PUD,it will be considered a new use and will be processed as a minor or major modification to the PUD,depending on the level of impacts anticipated. Deleted:December 11 Deleted:8 15 Snowrnoes Chnpel Final PUD Guide J rnr20 2002 EXHIBIT 1 Legal Description of the Property Snowmass Chapel Final PUD Guide June 20,2009 LOT 2A, FIRST AMENDED PLAT SNOWMASS INTERFAITH CHAPEL SUBDIVISION, according to the Plat thereof recorded 200_in Plat Book at Page_ as Reception No. LOT 1, FIRST AMENDED PLAT SNOWMASS INTERFAITH CHAPEL SUBDIVISION, according to the Plat thereof recorded 200 in Plat Book at Page _as Reception No. DESCRIPTION POST - LOT LINE ADJUSTMENT PLAT Snowmass Chapel Inc. EXHIBIT 2 PUD Site Plan Snowntass Chapel Final PUD Guide June 20,2009 rr its rnw q i: a ! !!i¢ yl la, ai!'y i45 j !yd 1a'li yt'y.l d1 11 l 11%. lly t 1 ;`` !y,! ; 1 t 11t yle.et pp ;yjlt gaatf 1 v o , l t Will,l3 R} {,L1i11l11e l d e tt, it 1 G q t11 0z P 1 S. id. _ ._ .__ 1.:.:. o...°. y 3 j ji i'( I'. , 1 1._, C." N•.^. I fl I m ' o..... v.,....._... 1 ter._ \\\\\ ' _ T. i W.NOT FOR CO\ STRUC71ON l I mmounvnYaa m+ u T t m 9W, UPPER LEVEL AREAMEZZANINE 350 S.F. ANCILLARY 540 S.F. STORAGE 320 S.F. STAIRS 90 S.F.( EXEMPT) i TOTAL AREA 1. 400S. F. TOTAL AREA 1. 400 S.F. STAIRS DO S.F.( EXEMPT) NET FLOOR AREA( UL) 1. 310 S.F. OP TO M= M PER L.U.C.) E AITIC wow SERVICE 0 I I I AREA( EXEMPT) EXISTING CO WNW CEWER E3 pl LMUSTEEPLEABOVE SNOWMASS Upper Level Floor Plan CHAPEL 171 T- D August 21, 2008 ( rev. Mar. 30, 2009) 6 EXHIBIT 3 Architectural Elevations and Building Materials Snowmms Chapel Mwl PUD Guide June 80,2009 1 vT. T.O. FFiF. M t TA SNOWMASS North Elevation CHAPEL August 21, 2008` T.O. STEEPLEHEIGHT LIMR) me T,O. RIDOE EL MSS'- 9- I8191. M1 aT. o. wuoE d EL M29rt'( 8159. 1 kY T. OMF ME7ZANINE I f 81 I II ® T'EL.o; FF 91BEen T.O. F.F. MAIN LEVEL EKISIINO CaaMLwm cENr eu aNO __ 16f. SNOWMASS South Elevation CHAPEL Augusf21, 2008 scale: 10 = T- 0° SNOWMASS East Elevation CHAPEL August 2l, 2008 scale: 1! 8° = 1'- 0° TOZMffr + AEIGrLiyrr) T.0: RIDGE TO RIDGE TO, FLIDM cf ow( 81 V IQ EL- 111W MI 2n MMIT. O.F. F. MT T.O. CANC. LOWER SNOWMASS West Elevation CHAPEL Aug- us- t2- 1,- 2008 scale: 1) 94 l- b' NEIGH LIMB EL.+ 146- B' ( 8109. 717 T.O. F.F. MAIN LEVEL T CO. ONC. LONER 0' 1815771•) 1_. 1 14 SNOWMASS North Section Thru San ctuary CHAPEL March 30- 2009 scale. Y16"--= 1'- 0" AY . i IIIIIIIIIIIIIIIINIIIININIIIIIIIIi lllllllllliilllllllilliluulllllllllliilllllllllli llllllllllllllllll lll r'1 f IIII, Iln IIII' waDdhDrizontalsiding BoternofwallsAafivestone veneer Secondary roofs: Standing sum or corrugated rusted steel or copper Columns and beams: K I — i a I i I II i ii II"_ i Douglas Flr heavy lumber SNOWMASSCHAPEL East Elevation Sample Materials Palette Legend scale: 1/ 16'= 1'- O" 4 Q y LST ELEVATION LJ u. a q o CHAPELMAINTENANCE Elevations X150 fNELEVATION BUILDING August 21, 2008 ( REVISED MARCH 30, 2009) cale: 178" 1' 0" mow _ I PK/ r_ C. a art. sryrmr I T-T - 1 777, EAST ELEVATI° N K. ra I SNOWMASSCHAPELMAINTENANCE Elevations TME` E ^"°" BUILDING w• ra August 21, 2008 ( REVISED MARCH 30, 2009) scale- 118" - 11- 0° j o 0 Law — 1 LONGffUOINAL SECTON w- ry SNOWMASSCHAPELMAINTENANCE Section BUILDING Main gable tool: shingle style Synthetic slate shingles, color io match chapel shingles BoaN Ipmed conaete faudaticn walls I Secondary rood: Conugaled ruslad steel Steel Column: this locarm, ciA Wand siding- Stain Columns and beams: Douglas Fir heavy timber Mod siding- Painted green Sample Materials Palette Legend Maintenance Building - Northwest Perspective EXHIBIT 4 Campus Building Height and Floor. Area Swwmass Chapel Fenn!PUD Guide June 80,2009 EXISTING CHAPEL AREA I CHAPEL 5, 320 S.F. CARETAKER 520 S.F. MECHANICAL 110S. F. ( EXEMPT) TOTAL ARE/ 1 8, 050 O.S.F. CCVERED WALK 570 S.F. CHAPEL FLOOR AREA 6, 720 O.S.F. 5.4. MECHANICAL 110 S.F. ( EXEMPT) MAX NET FLOOR AREA 8. 510 S.F. PER L.U.C.) 41'- 8' 33'- 2' Ti EXISTING COMMUNTry CENTER LOVVER LEVELAREA I CC LOWER LEVEL 2, 283 G.S.F. L_______ COVERED WALK 542 S.F. I COVEREDAREA 200 S.F. ( EXEMPT) II CC FLOOR AREA( LOWER) 3, 005 G.S.F. COVERED AREA 200 S.F. ( EXEMPT) I NET FLOOR AREA 2, 505 S.F. I PER L.U.C.) II CHAPEL FLOOR AREA 8, 120 G.S,F. CC FLOOR AREA( LOWER) 3, 005 G.S.F. I LOWER LEVEL FLOOR AREA D. 725 G.S.F. CC FLOOR AREA( UPPER) 2908 O.S.F._ TOTAL FLOOR AREA 11, 633 G.S.F. II D FAR PER L.U.C.: Y CHAPEL 5, 3208. F. CARETAKER 520 S.F. I COVERED WALK 570 S.F. I CC LOWER LEVEL 2, 283 S.F. CC COVERED WALK 542 S.F. I I CC UPPER LEVEL 1, 823 S.F. I I I TOTAL L.U.C.)UFLCOR AREA 11. 738 S.F. Existing Chapel & Community Center SNOWMASS Lower Level- Floor P CHAPEL AU StT`.` J`® Gilt -' -' G w 4G @ i'. 7, i, . G. 3. °- ac .; la.'' 11' d EXISTING COMMUNITY CENTER AREA UPPER LEVEL DEC CCUPPERLEVEL 1, 923S. F. MECHANICAL 45S. F. ( EXEMPT) STAIR AI SSS. F. ( EXEMPT) STAIR 02 95S. F. ( EXEMPT) DEC CLERESTORY 47 S.F. ( EXEMPT) II( TOTALAREA 2, 208 G.S.F. f F- 1 DECK 220 S.F.( EXEMPT) k-- TOTAL AREA 2, 205 G.S.F. MECHANICAL 45 S.F. ( EXEMPT) STAIR OI 98 S.F. ( EXEMPT) STAIR 02 95S. F. ( EXEMPT) CLERESTORY 47S. F. ( EXEMPT) NET FLOOR AREA 1, 923 S.F. PER L.U.C.) Existing Community Center SNOWMASS Upper Level Floor Plan CHAPEL Augu, Tk, 2I 2008_` LOWER LEVEL AREACOUNSELLWG 1, 745 S.F. 1 CONFERENCE 1, 605 S.F. I BSTORAGE 5409. F. ANCILLARY 855 S.F. CIRCULATION 1, 640 S.F. X\\\\ 1_. NS MECHANICAL 840 S.F.( EXEMPT) RES TOTAL AREA 8, 7255. F. fdlfER\ CEA COVERED WALK 800 S.F. r TOTAL FLOOR AREA 7, 30 G.S.F. LOWER LEVEL) TOTAL FLOOR AREA 7, 845 G.F.F. R' t: MECHANICAL 840 S.F.( EXEMPT) 1C/ YFERENCE_ •\ NETFLOORAREA( LL) 8. 485S. F. PER LU. C.) EXISTIN MUNRY CENTEENTE 7. t JIffl. l SNOWMASS Lower Level Floor Plan CHAPEL L August 21, 2008 ( rev. Mar. 30, 2009) scale;._ is" _ 1.'- 0" a 1 MAIN LEVEL AREA i— CHANCELISANCTUARY 4. 700 S.F. iii i BACK OF HOUSEISTOR. 835 S.F. ij ANCILLARY 255 S.F. STAIRS/ ELEVATOR 390 S.F.( EXEMPT) CIRCULATION 1. 050 S.F. TOTAL AREA 7, 230 S.F. COVERED WALK 2, 010 S.F. i TOTAL FLOOR AREA 9, 240 O.S.F. i .. r MAIN LEVEL) TOTAL FLOOR AREA 9. 240 S.F. STAIRS/ ELEVATOR 390 S.F.( EKEMRI NET FLOOR AREA( ML) 8. 550 S.F. PER LU. C.) LOWER LEVEL 7, 3259. F. 1 yam/ // ._ MAIN LEVEL 9, 240 S.F. UPPFR LEVEL 1, 400 S.F. J. y//{./" i TOTAL FLOOR MFA 17. 985 S.F. r ilk.• i LOWER LEVEL 8. 485 S.F. MAIN LEVEL 5, 850 S.F. UPPER LEVEL 1. 3105. F. 1 t TOTAL NET FLOOR AREA 18. 845 S.F. 0 SNOWMASS Main Level Floor Plan CHAPEL August 21, 2008 ( rev. Mar. 30, 2009) scale; fs:'_: V- 0." UPPER LEVEL 7! GARAGE 880 SF COVERED AREA 12 SF 24X. 5= 12) TOTAL FLOOR AREA 872 SF UPPER LEVEL)LEVEL U5 SF UPPER LEVELLEVEL 872 SF I TOTAL FLOOR AREA 1697 SF FAR PER L.U.C. LOWPER RUEVLEVEL 872 SF I{+- CAy - omeww U TOTAL FLOOR AREA 1862 SF 2 ma DI m L mw I Neu yl wb( y' mm\ ru owummaw wPPEp LEVEL FLOOR PIAN j SNOWMASSCHAPELMAINTENANCE Upper Level Floor Plan - Floor Area C_ alcs BUILDING August 21, 2008( REVISED MARCH 30, 2009) scale: 1781, = 1'- 0° LOWER LEVELSTORAGE 848 SF MECHANICAL( FAR) 132 SF II MECHANICAL 45 SF( EXEMPT) TOTAL FLOOR AREA 825 SF LOWER LEVEL) TOTAL FLOOR AREA 825 SF MECHANICAL 45 SF( EXEMPT) NET FLOOR AREA( LL) 780 SF PER L.U.C.) rxirtwOo mow.. y 1LOWER LEVEL FLOOR PLAN E)— SNOWMASSCHAPELMAINTENANCE Lower Level Floor Plan BUILDING August_ 21, 2008 scale; 178" T= 0" 8 L u;uuLL I naRll 0 5 TOILETS CARETAKER G O OO WA Y OFFICE 1111 cloco 00 STOR. KITCHEN 0000 11000 0110 MEGH d S PLAY I 000011ppp OOO ENTRY 0000g0 0 O 0000 00 ST. O 000000 OOO O COQW AY OOOOOOGC$_Ni1000 0000 0000 9W000000 000000P00LP 000 0 000[130300 0000 Cisyy,.G P L06S LJ ' 4,y=oc 1141- a 619 1/00, Average Building Height Calculation Snowmasa Chapel Sanctuary CCV Amh0ects.,ltd. M 19121R008 Method:beak roof plan into segments,x dlale era,wnrege helgm end volume for each segment total throe for each building end CRInpus. Exlatin Cana el ExisUn Communl Caner Av.M M M(ft)% Need h. - Volume W.R Av.HL a meta %I a of R = Voume w.R 27 x 258= 8012 11.5 x 542- 6233 N x 240- 5750 11.5 x 48- 5522 15 x 4517•BT755 21 x 841- 17881 14 x 100. 1400 21 x 828- 17348 11.5 x Ow. 69W 20 x 160. 3200 13 x 1007= 13081 29.5 x 388- 11446 Total Building Volume 101818 Total Building Volume 58438 Total Building logprim - 8720 Total Building fodptm • 2805 Building Av.M. al dNlded by Footprint) In R 15.1 l8vilding Av.Ht oLdivided by Foolxinti On fL 20.12 pro d Cha IBandua Av.Ht Of eM % Arm of Selprent = Volume W.8. 1 38 x 165. 8270 2 47 x 850.38950 Total Campus volume 438,886.00 w.ft. 3 33 x 4,000-132000 Total Campus footprint 19,820.00 If. 4 37 x 645=23885 5 17.5 x sm• 8750 Av.HL Of esmpus 2248 R 8 17 x 770- 13090 7 19.5. 1.350-26520 a 13.5 x so- 7290 AN figures am eppmnimq based on 80%CauWgbn Dwnurwds. B 18.5 x 290 5385 M heights ant from pbrexvung Weds. 10 20 x 875 175M Av.HL is midpoint between save end ridge of e eloping roof. Total Building Volume 2805M Total Building footprint pees staapkl 8,995= Building AV.Mt CVcd.tfivbdad by F (in fl.) 28.07 i Snowmass Chapel Building Height Matrix 8/21/2008 (REVISED MARCH 30, 2009) Point Elevation Height from Comments Existing Finished Existing Finished grade grade grade grade 1 8196.27 8152.7 8151.77 43.57 44.5 Ridge 2 8209.27 8153.7 8151.77 55.57' 57.5 Ridge 3 8209.27 8164.5 8163.77 44.77 45.5 Ridge 4 8184.77 8162.5 8161.5 22.27 23.27 Eave 5 8178.1 8156 8157 22.1 21.1 High pt of roof 6 8190 8163 8163 27 27 Eave 7 8180.75 8165 8163.77 15.75 16.98 Ridge 8 8209.27 8153 8151.77 56.27 57.5 Ridge 9 8209.27 8164.2 8163.77 45.07 45.5 Ridge 10 8184.77 8161 8163.77 23.77 21 Eave 11 8178.1 8157 8163.77 21.1 14.33 High pt of roof 12 8190 8163 8163.77 27 26.23 Eave 13 8232.69 8163.8 8163.77 68.89 68.92 Belltower Peak 14 8189 8165 8163.77 24 25.23 Ridge nuCEIVED APR U 6' 2009 ofloWioaoc vuidge Conwoff ty Development f. 1 l d it WI . . iii a VWX ON ak - ice• ri,• r• i+ s t S-. A• r. t.• Grr-- ice.•!;_ S 11: S--. .. v,' aa-. F az1; :: „ k, yxx^ v&. s+ i!?i;' titi jp i c._... ON 7 aa a TnN1 e N1i6i I " 11 A O 4 e. EAVE I CN MVY 1 ENTER I q ati fir. . 8166. 27• i . eIG1 tr ve 1 I 1 I I E Nt I 1 T.O. FF. O O m tlR SNOWMASS Site Plan CHAPEL locating elevation markers EXISTING GRADE I August 21, 20081REASED' MARCH 30, 2009) scale: 1'= 20'- 0' r e Z_ I C TER i , y$ et F.L = 01662]' I 1 5}] 1 O I1 1 I i j • 1 l 1 I I I 1 I F.F tl a. el .] r o / V v na r 1 f Mil SNOWMASS Site Plan_ CHAPEL Rotating elevation markers FINISH GRADE August 21, 2008( REVISED MARCH 30; 2009) scale: 1"= W- v HEIGHT VARIATION FROM EXISTING GRADE: MORE THAN 50% OF BUILDING AREA VALL BE UNDER THE 40• HEIGHT LIMIT FROM EXISTING GRADE.BUILDING FOOTPRINT 8, 240S. F. STEEPLE( EXEMPT) - 9, 120S. F. tIDS. F. BUILDING AREA BELOW 40 i HEIGHT UNIT( 5. 06D S.F.) BUILDING AREA ABOVE 4D HEIGHT UMIT( 4, 060 S.F.) - 11 i ii ri s s i 4E+ 1 r• 1 EP SNOWMASS Main Level Floor Plan CHAPEL Augusj t,-" HEIGHT VARIATION FROM FINISH GRADE: MORE THAN 50% OF BUILDING AREA WILL BE UNDER THE 40' HEIGHT LIMIT FROM FINISH GRADE.BUILDING FOOTPRINT 8, 240 S.F. STEEPLE EXEMPT) - 120 S.F.HRNF. BUILDING AREA BELOW 4D' HEIGHT LJW T( 5Z5 S.F.) BUILDING AREA ABOVE 417 HEIGHT LIMIT( 3, 855 B.F.) i 1 1STMUNICENTER o, i TEiEP SNOWMASS Main Level Floor Plan CHAPEL EXHIBIT 5 Landscape Plan Snowmass Chapel Mnal PUD Guide June 20,2009 CN M ) N . . . 0 e : e 0 N : • n 1 A 4C E63gl C Fa EgE Q YI P€ 0 s N aZ t¢; , Q S 200v = F c €c 11li1 1 l 6i d SsII % z d t d < Ft i PerreerynRm x E 9919111j1l1911! ter• i l' j z t r p1 e^ o i tts ?_ q \ tiV 1 LANDSCAPEPLAN t SNOWMASS CHAPELF PLANT LIST QUANTITY BOTANICAL NAME SIZE SPACING CONDITION COMMON NAME TREES 8 MALUS'DOLGO' 1 1!2" CAL.AS SHOWN MATCHED, B&B DOLGO CRABAPPLE E 30 PICEA PUNGENS 8' HT. AS SHOWN B&B COLORADO SPRUCE 3, 7 PICEA PUNGENS 12' HT. AS SHOWN B&B COLORADO SPRUCE 5 PICEA PUNGENS 16 HT. AS SHOWN B&B COLORADO SPRUCE 9 PICEA PUNGEN 'MONTGOMERY' XX AS SHOWN XX MONTGOMERY DWARF SPRUCE A 9 POPULUS TEMULOIDES XX AS SHOWN B&B QUAKING ASPEN 40 POPULUS TEMULOIDES XX AS SHOWN B&B QUAKING ASPEN C 19 POPULUS TEMULOIDES XX AS SHOWN B&B QUAKING ASPEN SHRUBS 53 CORNUS STOLONIFERA'ISANTI' 2 GAL. S'O.C. CONTAINER ALPINE CURRANT 68 JUNIPERUS COMMUNIS'EFFUSA' 2 GAL. 5'O.C. CONTAINER COMMON JUINPER O 18 RIBES ALPINUM 2 GAL. 4'0.C. CONTAINER ALPINE CURRANT 24 SPIREA VANHOUTTEI'RENAISSANCE'S GAL. 5'O.C. CONTAINERORESAISSANCESPIREA GROUNDCOVER 5,515 SF ©ARCTOSTAPHYLOS UVA-URSI 4°CONTAINERS @ 24°O.C. KINNIKINNICK 1,177 SF ANNUAL COLOR PROVIDED BY OWNER 3,830 SF SOD EXHIBIT 6 Lighting Plan Snowmass Chapel Rna!PUD Cui& June E0,E009 liFi ' [ t it :!1 ' S •. N= I r 4 f„i i 10 SNOWMMS CHAPEL-EXTERIOR LIM e n.I Exhibit "C" Town Council Ordinance No. 9, Series of 2009 Insertion for - Subdivision Improvements Agreement with its exhibits incorporated by reference only except for the Construction Management Plan) SUBDIVISION IMPROVEMENTS AGREEMENT FOR SNOWMASS INTERFAITH CHAPEL SUBDIVISION THIS AGREEMENT is made and entered into between the TOWN OF SNOWMASS VILLAGE, COLORADO ("Town"), and SNOWMASS CHAPEL, INC., a Colorado Non-Profit Corporation ("Subdivider"), to become effective 2002--, 1. Recitals For the purpose of interpreting and giving effect to this Agreement, the Town and the Subdivider agree to the truth and the accuracy of the following; a.Subdivider is the owner in fee simple of that real property described in Exhibit "A" attached hereto and incorporated herein by reference, and the real property depicted therein shall be referred to as "the Subdivision". b.Subdivider has submitted to the Town a subdivision application and Final Subdivision Plat for Snowmass Interfaith Chapel Subdivision ("Final Subdivision Plat"), and desires the Town to approve the same. e. The terms of this Agreement shall constitute the Subdivision Improvements Agreement between the Town and Subdivider. dd. The obtaining of subdivision plat approval for Snowmass Interfaith Chapel Subdivision in favor of the Subdivider's land will inure to the Subdivider's benefit. ee- The Subdivider hereby agrees to the imposition by the Town of the restrictions and conditions required of the Subdivider in this Agreement,joins in the imposition of them, and agrees to perform each and every one of them. f€. On 2009 the Town Council of the Town of Snowmass Village, after holding all necessary public hearings, approved Ordinance No, , Series of 2009 Ordinance"). Said ordinance is recorded as Reception No. Of the Pitkin County records, and the terms and conditions thereof are incorporated herein by this reference as if set forth herein verbatim. The approvals cited above are contingent upon the express condition that all of the obligations and duties created by this Agreement and Ordinance No. _, Series of 2009--are performed by the Subdivider. Page 1 Snowmass Inteifoith Chapel Subdivision SIA 2. Public Improvements. To complete the construction of the new Sancturary and all related utilities and other site and public improvements approved by the Ordinance ("Project'), Subdivider hereby agrees to the following conditions of approval and installation of public improvements by the Town: a.The Subdivider has presented to the Town and the Town has approved all engineered plans and specifications (the "Engineered Plans and Specifications") necessary and required for construction and installation of Subdivision improvements as provided herein and as further described on Exhibit "B" hereto. All such public improvements (the 'Public Improvements") shall be constructed and installed in accordance with the Engineered Plans and Specifications heretofore approved by the Town. The Subdivider agrees to pay the entire cost of installation and construction of all of such Public Improvements and shall install and construct the same prior to 200—. b.The Public Improvements to be installed are generally described as follows and more particularly described on the Engineered Plans and Specifications, Exhibit `B" hereto, to wit: i) Grading and Drainage. Construction shall be in accordance with said Drainage Plan, submitted with the Engineered Plans and Specifications. ii) Water Distribution System. The water distribution system shall include fire hydrants, water lines, and appurtenances, and shall be installed in accordance with the Engineered Plans and Specifications. All water service lines shall be owned and maintained from the service valve at the water main to the property by the owner of the property receiving service from such line. iii) Sanitary Sewage Collection System. The Sanitary Sewage Collection System, including all sewer mains and laterals shall be installed in accordance with the Engineered Plans and Specifications. All sewer service lines shall be owned and maintained from the main sewer line connection to the building by the Owner of the property receiving service from such line. iv) Master Gas, Electric, Telephone, and Cable Utilities. The Master Gas, Electric, Telephone, and Cable Utility Systems shall be installed in accordance with the Engineered Plans and Specifications. Page 2 Snowmass Interfaith Chapel Subdivision S/A v) Vehicular Bridge and Culvert Replacement. Subdivider agrees to remove existing culvert piping and stream crossing and construct a bridge and aesthetic enhancements to the bridge in accordance with the Engineering Plans and Specifications. The Subdivider shall be responsible for obtaining all permits required by the Army Corps of Engineers for any work in the stream channel, jurisdictional wetland, or riparian area before construction commences. vi) Parkin Construction. Subdivider agrees to construct a minimum of 12 additional parking spaces on Lot 2A in accordance with the Engineering Plans and Specifications. vii) Fire Access Lane. The Subdivider agrees to construct an emergency and fire access lane in accordance with the Engineered Plans and Specifications. viii) Transit Passenger Waiting Shelter, Bus Pullout, and Sidewalk. The Subdivider agrees to construct a mid-sized transit waiting shelter that complies with the Town's size and architectural standards, a pullout lane for the Town bus, and a sidewalk on the north side of Owl Rpash-Creek Road that connects the Brush Creek Trail and the Subdivision access road in accordance the design and at a location described in Exhibit "C" to this agreement. The Subdivider shall construct a larger transit waiting shelter than required under this agreement if the Town agrees to pay the cost difference between a mid-sized and larger shelter. ix) Brush Creek Bank Stabilization and Habitat Restoration and Enhancement. The Subdivider shall restore the bank along Brush Creek down stream of the Vehicular Bridge and Culvert Replacement to the easterly boundary of the Subdivision and restore aquatic habitat within the stream according to the Brush Creek Restoration Plan, which is attached as Exhibit "D" to the Agreement. x) Landscaping. Subdivider agrees to construct all landscape improvements in accordance with the Landscape Plan, which is attached as Exhibit "E" to this agreement. Subdivider shall cause the marking or fencing of all existing vegetation that shall be preserved on the site and conduct a site review of the non-disturbance area with the Town before construction commences. Subdivider shall replace any tree that, having been fenced for protection from disturbance, is disturbed by construction to the point that it should replaced. xi. Partial Completion Revegetation. Following commencement of construction of any improvements set forth in this Agreement, SCI shall revegate the site if construction ceases as follows: Page 3 Snmeteass Interfaith Chapel Subdivision SIA a.Following the installation of (lie underground utilities, as allowed in Section 3 below, all disturbed areas related to the installation of said utilities shall be revegetated with natural grasses and temporary irrigation shall be provided to establish the grass unless a full building permit has been issued for the Project. b.Following the issuance of a building permit, should construction of the Project substantially cease for more than 240 days any disturbed area shall be revegetated with natural grasses and temporary irrigation shall be provided to establish the grass. xi) Boundary Survey Monuments. Upon completion of this Subdivision and the construction of the pFejee-EProject, monuments shall be install on the external boundaries of the subdivision where the do not exist in accordance with all Town standards. xii) Mylar As-Builts. Upon completion of the Subdivision, two sets of mylar as-builts of the Public Improvements will be submitted to the Town. xiii) Computer Construction Drawings. An electronic computer file of as-built construction drawings of the Public Improvements in a format acceptable to the Town will be submitted to the Town upon completion of the Subdivision. C.All Public Improvements associated with the Final Subdivision Plat and other obligations of the Subdivider shall be secured prior to recording the Final Subdivision Plat as set forth below. Said Public Improvements are described herein and the estimated cost thereof are set forth in Exhibit "F", attached hereto and incorporated herein by this reference. d.Upon completion of portions of the Public Improvements, Subdivider will cause its engineers'(who shall have been actively engaged in observing the construction of the Public Improvements and be registered in the State of Colorado) to provide a written opinion that the Public Improvements have been completed, to the best of their knowledge and professional judgment, in conformance with all standards, plans and specifications as submitted to and previously approved by the Town, or the pertinent utility supplier. 3. Construction of the Project. SCI shall undertake the construction of the Project as set forth in this Agreement under the following conditions. a. . SCI may, at its discretion, initiate and complete the installation of the underground water distribution system, sanitary sewage collection system, and master gas, electric, telephone, and cable utilities in advance of the issuance of building hermit for the Page 4 Snmvmass Interfaith Chapel Subdivision SIA Project if SCI demonstrates to the reasonable satisfaction of the Town that SCI has sufficient funds available to complete said utilities, to restore the ground surface, and to revegetate all disturbed areas with a comparable seed mix to the existing surrounding grasses. Prior to the initiation of construction of the underground utilities. SCI shall provide a bond, letter of credit or other security approved by the Town in the amount sufficient to ensure the site restoration and revegetation following completion of the underground utilities. The security shall be release by the Town upon issuance of a building permit to construct the Project. b.SCI shall apply for and receive a building permit for the Project upon providing all construction plans and related documentation required by the Building Official and upon demonstrating to the reasonable satisfaction of the Town that ninety (90) percent of the funds necessary are available to complete the Project. 43. Construction Management Plan During the construction and installation of Subdivision improvements, the Subdivider shall comply with the provisions and requirements of the Construction Management Plan approved by the Town, which is attached herewith as Exhibit "G". 54. Inspections During the installation by the Subdivider of the Public Improvements described in Section 2 above, the Town may: a.Inspect the work in progress with such personnel as the Town deems necessary. b.Require the production and inspection of the plans and specifications of the Subdivider and any contractor or subcontractor working on its behalf in connection with the work in progress. C.Require the Subdivider to obtain . and pay for inspections, soils composition tests, compaction tests, cement tests or such other tests of materials and work as may be necessary in the Town's opinion to ensure that the work in progress is being performed according to the Town's specifications and the Engineered Plans and Specifications. d.The Town Engineer shall have the authority to immediately order that all Public Improvements construction in the Subdivision be suspended if the Town Engineer determines that such a stop work order is needed to protect the Town's interest, or in the event of Page 5 Snou-mass Interfaith Chapel Subdivision SIA a violation of this Agreement. The Town may utilize staff personnel for inspections, or hire an outside inspector, in either case the cost of which will be reimbursed by the Subdivider. 66. Non-Liability upon Approval and Acceptance The Town's approval of the Engineered Plans and Specifications shall not be deemed an adoption of them or a representation or warranty to the Subdivider or any other person or entity that the Engineered Plans and Specifications, or any work performed under them, is fit for the purpose intended or otherwise safe. The Town's approval of the Engineered Plans and Specifications, acceptance of the installation of the Public Improvements described below, or the use and maintenance of such Public Improvements shall not be deemed to be any of the activities listed in C.R.S. 24-10-106(a)(1) for which sovereign immunity is waived. No action or inaction by the Town in connection with its approval of this Subdivision shall be deemed a waiver of its sovereign immunity. The Town does not warrant or make any representations whatsoever concerning the suitability of its Public Improvements, including water distribution system, sewer system, or any other device or system owned or controlled by the Town which may be used in improving or serving the Subdivision. Without limiting the foregoing, the Subdivider assumes the risk of all costs associated with installations for Improving or serving the Subdivision as described above and of al costs necessary to improve or serve the Subdivision. 76. Warranties The Subdivider shall warrant the installation of the Public Improvements described in Section peregfap632 above against all defects in materials and workmanship for a period of two 2) years after the date of acceptance of the work by the Town or until July 1 of the year during which the second winter season terminates following acceptance by the Town, whichever occurs first. In the event of any defect, the Town may require the Subdivider to correct the defect in material or workmanship. 87. Legal Compliance Page 6 Snowmass Interfaith Chapel Subdivision SIA The Subdivider shall comply with all State, Federal and local laws, ordinances, rules, and regulations, including, by way of example, Chapter 16A Snowmass Village Municipal Code Land Use and Development Regulations) and all other ordinances and regulations of the Town. 98. Dedications and Conveyances to Town Upon completion and acceptance of the following Public Improvements described in this Section, such Public Improvements shall be the property of the Town, to the Snowmass Water and Sanitation District, or the respective utility service provider, without further action of either party, except as otherwise herein provided. a) Water Distribution System Improvements b) Sanitary Sewer Collection System Improvements c) Master Gas, Electric, Telephone, and Cable Utilities d) Transit Passenger Waiting Shelter, Bus Pullout, and Sidewalk 109. Certificates and Permits No certificate of occupancy shall be issued for or relating to any structure within the Subdivision until full completion by the Subdivider of all Public Improvements within the Subdivision as described in Section 23, above. Except as provided in this paragraph, nothing herein shall limit the obligations of the Subdivider imposed by any of the Town's ordinances concerning the issuance of a certificate of occupancy. Without limiting any of its rights under this Agreement, the Town may, but need not, issue certificates of occupancy and grant extensions of time for the completion of construction and the installation by the Subdivider of any improvement, but only as is provided in Section 12k, below. No extension of time for completion shall impair the Town's rights under any instrument of security described in Section 13?, below, and the parties obligated under such security . instrument shall be deemed to have consented to the Town's extension of time whether the Town gives actual notice or not to the party liable on the instrument of security. 118. Repairs The Subdivider shall repair and repave all streets, roads, and trails of the Town damaged by installation of improvements and utilities for the Subdivision, and shall repair and/or repave all Town owned property damaged by the installation of any public improvements identified in this Agreement by the Subdivider or those acting under it or on its behalf. Page 7 Snowmass Interfaith Chapel Subdivision SIA 124. Security 124-.1 Collateral. The Subdivider has prepared engineered cost estimates for all Public Improvements to be installed by the Subdivider prior to the filing of the Final Subdivision Plat. A copy of the cost estimate for Public Improvement is attached as Exhibit "F." To secure its obligations to install the Public Improvements described above, the Subdivider shall obtain and deliver to the Town an irrevocable letter of credit in the amount of $ prior to recordation of the Final Subdivision Plat. The Subdivider shall pay all costs incurred in obtaining the letter of credit. The letter of credit shall be in a form approved by the Town Attorney and issued by a State or National chartered commercial bank and shall, among other things, entitle the Town to draw on the unconditional letter of credit by presentation to the issuing bank of a certificate that the Subdivider is in default in its obligations to install Public Improvements under this Agreement, that a sum certain is required to cure the default, and that the issuing bank shall forthwith deliver the sum certain to the Town. Nothing herein shall limit any other remedies available to the Town. 12 .2 Release of Collateral. As construction progresses, the Subdivider shall be allowed to apply for partial releases of the letter of credit securing payment of the cost of Public Improvements installed and accepted by the Town subject to the warranties required by Section 7° h S. The Subdivider shall provide the Town with a written application stating what Public Improvements have been completed and the amount of the letter of credit for which partial release is sought. The Subdivider's engineer shall certify that the Public Improvements for which the partial release of the letter of credit is sought have been installed and completed according to the terms hereof, Engineered Plans and Specifications and all Town Municipal Code requirements. Once reviewed and approved by the Town Engineer, the request will be submitted to the Town Council for final review and said partial release shall occur upon Town Council approval. The documentation associated with any such partial releases shall be in a form approved by the Town. Notwithstanding the foregoing, the Subdivider shall in no event be entitled to the release of more than eighty percent (80%) of the cost of Public Improvements prior to the completion and acceptance of all Public Improvements required hereunder. Within thirty (30) days after the Subdivider has completed all of the Public Improvements required by this Agreement and the work has been approved and accepted by the Town, the entire remaining amount of the security, less an amount equal to ten percent (10%) of the original amount of the security shall be released. The warranty period under Paragraph -7 Section 7 hereof shall continue to be guaranteed either through retention of the security as set forth above or the Subdivider may provide a warranty bond in an amount and in a form acceptable to the Town, which bond would be substituted for release of the entire amount of the security. Upon completion of all public improvements, a determination by the Town that the Subdivider is not in default of any other obligations under this Agreement, and upon expiration Page 8 Snommass Interfaith Chapel Subdivision SIA of the warranty period the remainder of the letter of credit or warranty bond shall be released by the Town. 12+.3 Draws. Draws against the Collateral shall only be made as directed by written Resolution of the Town, stating that there has been an event of default under this Agreement and that a sum certain is required to remedy the default. Any amount drawn on the Collateral must be applied for the purpose of completing the work required by this Agreement and related expenses and costs. 124-A Events of Default. The following events shall be deemed "Events of Default," entitling the Town to draw on the Collateral: a) If Subdivider has not completed the work required by this Agreement within sixty(60) days following the Date of Completion set forth herein unless otherwise approved by the Town, the Town may, after ten(10) working days written Notice to Subdivider, draw upon the Collateral an amount sufficient to complete said work. b) If the original collateral presented to the Town (or any extension thereof) is due to expire and the work is not yet completed, and Subdivider has not provided substitute collateral or the bank's written extension to the original collateral (as it may have been previously extended), the Town may draw on the Collateral according to the provisions set forth in this Section 12-1,. It is Subdivider's responsibility, with or without notice,to ensure that the Collateral is extended, or that substitute collateral is provided in a form acceptable to the Town, at least ten (10) days prior to its expiration. c) If the Collateral is substituted, as otherwise provided herein, this Agreement may be amended or modified to set forth specific Events of Default deemed necessary, in the Town's sole discretion, commensurate with the type of collateral substituted. 133. Extension of Due Date The construction completion date for installation of Public Improvements required in Section 23 may be extended for a reasonable time by the Town, after a written request from the Subdivider and any Guarantors, and after a hearing before the Town Council, if the Subdivider demonstrates delay occurred through no fault of the Subdivider and for reasons beyond the Subdivider's control. No certificate of occupancy shall be issued during any extension of time granted hereunder for the completion of those Public Improvements described in Section 23 above unless specifically approved by the Town Council. 143. Non-Suit Page 9 Snownrass Interfaith Chapel Subdivision SIA The Town's approval of this Subdivision shall not make it liable for any loss or damage suffered within or by use of the Subdivision for any act, condition or omission occurring or arising out of or in connection with the Town's approval of this Subdivision. Neither the Subdivider nor anyone acting through it shall attempt to hold the Town liable for any loss or damages arising out of or in connection with the Town's approval of the Subdivision. 154. Benefit The provisions of this Agreement shall bind and inure to the benefit of the parties, their assigns as allowed by this Agreement, and their successors-in-interest of all kinds. 165. Non-Waiver Any indulgence by the Town to the Subdivider as to the performance of any portion of this Agreement and any waiver by the Town as to the Subdivides s performance or non- performance of any part of this Agreement shall not be deemed or considered to be an indulgence or waiver of any other part of this Agreement or any subsequent non-performance by the Subdivider. 176. Breach by Subdivider; Town's Remedies In the event of a breach of any of the terms and conditions of this Agreement by the Subdivider, the Town may take such action as the Town deems necessary to protect the public health, safety, and welfare; to protect lot buyers and builders; and to protect the citizens of the Town from hardship, which action may include the following: a The refusal to issue to the Subdivider any building permit or certificate of occupancy; provided, however, that this remedy shall not be available to the Town until after the affidavit described in subparagraph (b) below has been recorded. b. The recording with the Pitkin County Clerk and Recorder of an affidavit approved in writing by the Town Attorney and signed by the Town Manager or his designee, stating that the terms and conditions of this Agreement have been breached by the Subdivider. At the next regularly scheduled Town Council meeting, the Town Council shall either approve the filing of said affidavit or direct the Town Manager to file an affidavit stating that the default has been cured. Upon the recording of such an affidavit, no lots or parcels may be sold, conveyed or further developed within the property until the default has been cured; an affidavit signed by the Town Manager or his designee and approved by the Town Council stating that the default has been cured shall remove this restriction. Page 10 Snmrmass Interfaith Chapel Subdivision SIA C.Drawing upon the security for the purpose of undertaking completion or remediation work on the Public Improvements after providing Subdivider with the ten-day notice specified below. d.The refusal to consider further Subdivision plans within the Subdivision. e.Any other right or remedy available at law or in equity. Should the Town prevail in any action to enforce this Agreement or any associated ordinances or approvals against the Subdivider, the Town shall be awarded its court costs, attorneys' fees and an amount to compensate the Town for the time of its employees or any experts in the preparation of and/or participation in such action. Unless necessary to protect the immediate health, safety, and welfare of the Town, the Town shall provide the Subdivider ten (10) days written notice of its intent to take any action under this paragraph during which ten (10) day period, the Subdivider may cure the breach described in said notice and prevent further action by the Town. Furthermore, unless an affidavit as described in subparagraph (b) above has been recorded with the Pitkin County Clerk and Recorder, any person dealing with the Subdivider shall be entitled to assume that no default by the Subdivider has occurred hereunder unless a notice of default has been served upon the Subdivider as described above, in which event the Subdivider shall be solely responsible for informing any such third party of the claimed default by the Town. Page 11 Snoummss Interfaith Chapel Subdivision SIA 187. Indemnification/Insurance Subdivider agrees to indemnify and hold the Town harmless from any and all claims or losses of any nature whatsoever incurred by the Town resulting from the rezoning and subdivision of the Subdivision, including, without limitation, indemnification against any claims arising under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and any amendments thereof. This indemnification shall include actual attorney's fees and costs incurred in the event that any party brings an action against the Town for any of the approvals described herein, unless it is determined that the Town acted improperly or without proper authority. The parties hereto intend not to duplicate any legal services or other costs associated with the defense of any claims against either party described in this section. Therefore, the parties hereto agree to reasonably cooperate to prevent duplicate expenses incurred as a result of the indemnification herein described. This indemnification shall include the assignment to the Town of the proceeds of any insurance policy insuring the Subdivider or its successors-in-interest. However, the Subdivider shall be obligated to reimburse the Town for and all legal or other expenses reasonably incurred by the Town in connection with investigation or defense of any such loss or claim. The Subdivider shall also cause the Town to be named as an additional insured under the terms of the liability insurance policy maintained by the Subdivider during the construction of the improvements set forth herein. A certificate showing such insurance shall be provided to the Town prior to commencement of any work by the Subdivider, which insurance shall not be subject to cancellation or non-renewal without at least fifteen (15) days prior written notice to the Town. 198. Waiver of Defects In executing this Agreement, Subdivider waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the Town's imposition of conditions on the Subdivider as set forth herein or in the other documentation being executed contemporaneously, and concerning the procedure, substance, and form of the ordinances or resolutions approving the Subdivision and adopting this Agreement. 201E9. Final Agreement To the extent that this Agreement is in conflict with any prior agreement between the parties, this Agreement supersedes and controls with respect to said areas of conflict. In all other respects, said prior agreements shall remain in full force and effect. 210. Modifications Page 12 Snowmass Interfaith Chapel Subdivision SIA This Agreement shall not be amended, except by subsequent written agreement of the parties. 224. Release of Liability It is expressly understood that the Town cannot be legally bound by the representations of any of its officers or agents or their designees except in accordance with the Town of Snowmass Village Code and Ordinances and the laws of the State of Colorado, and that Subdivider, when dealing with the Town, acts at its own risk as to any representation or undertaking by the Town officers or agents or their designees which is subsequently held unlawful by a court of law. 232. Invalid Provision If any provisions of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect. It is the intention of the parties hereto that, if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 243. Governing Law The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement, Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Pitkin County, Colorado. 254. Notice All notices required under this Agreement shall be in writing and shall be hand-delivered or sent by certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective upon delivery or seventy-two 72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Town: Community Development Director Town of Snowmass Village PO Box 5158 Carbondale, CO 81615 with copy to: Town Attorney Page 13 Snowmass Interfaith Chapel subdivision SIA Town of Snowmass Village PO Box 5158 Carbondale, CO 81615 Subdivider: Snowmass Chapel;Inc. PO Box 17169 Snowmass Village, Co 81615 266. Recording Fees The Subdivider shall pay for the costs of recording this Agreement and any documents which may be recorded according to the terms of this Agreement. 276. Titles The paragraph titles in this Agreement are for convenience only and are not to be used to construe or interpret this Agreement. 287. Estoppel/Completion. The Town agrees that it will, at any time and from time to time, within thirty (30) days following receipt of a written request from Subdivider or an independent third party who is a proposed or existing lender, seller or purchaser of property within the Subdivision, execute, acknowledge and deliver to the party making such request, a statement certifying: (i) that this Agreement has not been modified, supplemented or amended and is in full force and effect (or if there have been any such modifications, supplements or amendments, reference to the same will be made); and (ii) that to the best of the Town's knowledge and belief, the obligations of the Subdivider hereunder requiring performance prior to the time of the request, have been performed in compliance with this Agreement (or, if there has been default in such performance, reference to the same will be made). Such statement shall not constitute a waiver by the Town of any claims against the Subdivider and such statement shall in no event subject the Town to any affirmative liability whatsoever to the Subdivider or to any independent third party, notwithstanding the negligence or other inadvertent failure of the Town to investigate, disclose, or correct any deficiency in performance. Prior to or at the time the Town delivers any such statement, the party making such request shall pay to the Town its reasonable costs and attorneys' fees incurred in preparing, executing and delivering such statement. When all Public Improvements have been completed and accepted by the Town, or the pertinent utility supplier, and the Warranty Periods described above in Section 76 have expired, and provided that the Subdivider is not in default of any other obligations to the Town with respect to the Snowmass Interfaith Chapel Subdivision, the Town agrees that it will issue a letter, Page 14 Snownmss Interfaith Chapel Subdivision SIA after consultation with the pertinent utility supplier(s), if necessary, in recordable form, certifying that all obligations of the Subdivider under this Agreement have been satisfied. Subdivider may then record such letter at its own expense to provide notice to third parties of completion of all Subdivider obligations set forth in this Agreement. The parties to this Agreement intend that recordation of such letter by Subdivider will operate to extinguish this Agreement from record title to all lots within the Snowmass Interfaith Chapel Subdivision. THE TOWN OF SNOWMASS VILLAGE By: Bill Boineau, Mayor date) ATTEST: Rhonda B. Coxan, Town Clerk SNOWMASS CHAPEL, INC. A COLORADO NONPROFIT CORPORATION By: date) Page 15 Snowmass Interfaith Chapel Subdivision SIA STATE OF COLORADO ss. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day Of 2009-, by Bill Boineau as Mayor for the Town of Snowmass Village and by Rhonda B. Coxan as Town Clerk for the Town of Snowmass Village. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ss. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day of 2009-7, by as of Snowmass Chapel, Inc., a Colorado Corporation. Witness my hand and official My commission expires: Notary Public Page 16 Snowmass/nierfailh Chapel Subdivision SIA EXHIBIT "A" LEGAL DESCRIPTION Page 17 Snoumass Inierfailh Chapel Subdivision SIA EXHIBIT `B" ENGINEERED PLANS AND SPECIFICATIONS Page 18 Snmvmass Interfaith Chapel Subdivision SIA EXHIBIT"C" TRANSIT PASSENGER WAITING SHELTER Page 19 Snowmass Interfaith Chapel Snhdivision SIA EXHIBIT"D" BRUSH CREEK BANK STABILIZATION AND HABITAT RESTORATION AND ENHANCEMENT PLAN Page 20 Snmrmam Interfaith Chapel Subdivision SIA EXHIBIT "E" LANDSCAPE PLAN Page 21 Snowmass Interfaith Chapel Subdivision SIA EXHIBIT "F" SUBDIVISION IMPROVEMENTS COST ESTIMATES Page 22 Snowmass Interfaith Chapel SahAicision SIA EXHIBIT "G" SBDIVISION CONSTRUCTION MANAGEMENT PLAN Page 23 Snotcmoss Interfaith Chapel Subdivision SIA , Snowmass Chapel Formatted:Font:Calibrl,12 pt 5307 Owl Creek Road Snowmass Village,CO 81615 Formatted:Font:Calibri 5anctuary Addition-Construction Management Plan Formatted:Font:Calibri,12 pt June 0,2009 Deleted:Maya 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 12 Sanctuary Addition-Construction Management Plan Formatted:Font:Glibri_ Formatted:Font:cacbd, 12 Pt Table of Contents 1. General Contractor Selection Formatted:Font:Calibrl 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 I. Safety J. Final Cleanup/Grading/Revegetation S. Ongoing Coordination and Review by Town of Snowmass Village Formatted:Font:Calibn, 12 Pt Page 2 of 12 r Deleted:t 1. General Contractor Selection Fenton Construction of Aspen,CO has been chosen as the General Contractor for the Formatted:Font:Calibri project. Formatted:Font:Callbrl, 12 pt 2. Team Structure The construction team will consist of the followin _ _ Formatted:Font:Calibd 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 Formatted:Font:Calibri, 12 pt 3. Construction Schedule The total construction duration is anticipated to be 18 months. The following is-a brief _- Formatted:Font:Calibri 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 days. C. Underslab utilities installation and pouring of interior floors-30 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 days. G. stone veneer,windows,wood siding installation-160 days. H. Insulation and drywall installation-3S days. I. Exterior grading and preparation and pouring of site concrete-45 days. Page 3 of 12 J. Interior doors and trim installation-60 days. K. Painting,cabinetry installation,tile and marble installation, hardware installation-80 days. L. Electrical, HVAC and plumbing trim-30 days. M. Carpeting installation-10 days. N. Punchlist and final cleaning-30 days. 0. Final Cleanup/Irrigation/Landscaping-20 days. Formatted:Font Calibri, 12 Pt 4. Site Management Procedures Formatted:Font:Calibri Before any construction occurs on the property: Formatted:Font:Calibri, 12 pt a._ Site Drainage/run-off control/ground water Formatted:Pont:Calibri 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 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. . Page 4 of 12 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 Snowm ass 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. Spill Prevention Efforts: a. Do not have more than 25 gallons of possible hazardous material on the construction site at any one time. b. Store all hazardous material in a flame resistant locker that is surround by straw waddles and is located in a slight depression C. Keep a 2S pound bag of oil absorb material next to hazardous material locker d. Keep a box of clean,dry rags readily available for possible liquid spills e. Install straw waddles and silt fencing along the perimeter of any existing wetlands or stream located on the propert y Spill Mitigation Procedure: a. In the event of an emergency call 911 b. Depending on the spill,contain spilled material as quickly as possible with liquid absorbing material and clean rags C. Notify local authorities as soon as possible Page 5 of 12 Formatted:Font:Calibn 4. Sediment and Erosion Prevention-_Energy dissipating material,such as Deleted:n nprap,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. 7. In the event a complaint is received by the Town of Snowmass Village, notification will be forwarded immediately to PVCMI. 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. a. 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. Fugitive Dust Control. Snowmass Chapel's contractor will take steps included site watering and other appropriate applications,to control fugitive dust from the site. The contractor will review the specific steps to be taken during various phased of construction with the Town during routine proiect meetings. The following additional measures will be carried out be Fenton Construction to mitigate air pollutant emissions: a. Install a 6'construction fence with green wind screen around proiect site Page 6 of 12 b. Hose down disturbed soil areas as needed C. Install a tire wash gravel tracking pad at entrance to iob site d. Enforce a 5 MPH speed limit with iob site e. Street sweep parking lot,Owl Creek Road and Brush Creek Road as needed f. Revegetate all disturbed soil areas with seeding and mulch g. The Applicant will consult with the Town regarding all grading Formatted:Indent:Left: 1- operations and suspend such operation when strong winds might carry dust beyond the property line despite implementation of all feasible dust control measures. Formatted:Font:Calibd 10 Snowmass-Chapel-will-hold a meeting with the Town immediately if and __, .- Deleted:s 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. B. 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 up 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 construction a community-oriented event or activity held by either party. Fenton Construction will coordinate with Anderson Ranch for the water utility easement Page 7 of 12 tie 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 Construction will meet with the Town Manager to receive input about major community activities and events. Fenton Construction will review with the Town 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. ft 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 Owners Representative shall coordinate with the Town of Snowmass Village Public Works director in regards to the seasonal weight limitations and special permits. All Page 8 of 12 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 upblicpedestrianpathwillstayinserviceduringFom,attea:runt:cal bri 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 control pedestrian traffic as necessary._ Formatted:Font:Carbri 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. 1. 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. Page 9 of 12 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 trucks and gravel trucks 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 Protection/Staging 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. I. 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. Page 10 of 12 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. 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. Formatted:Font Calibn,12 pt 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 am tted:Font:caiibd 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. 8. Attach stormwater management inspection and maintenance reports. C. Note any complaints from the public or the Town of Snowmass Village 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 Page 11 of 12 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. Formatted:Font:COW, 12 pt END OF CONSTRUCTION MANAGEMENT PLAN Formatted:Font:Calibri Page 12 of 12 f fA v sMrl llY, _ Sj 4 P y ': J- s O III i Ali, iii a I. i 44 ` lux I!. i. fP"' Fa"% III Exhibit "D" Town Council Ordinance No. 9, Series of 2009 Insertion for - Development Agreement, outlining provisions for the community purpose space, the parking agreement (incorporating the amendment for the parking management plan adjustments dated May 11, 2009), and the employee housing commitment; DEVELOPMENT AGREEMENT TOWN OF SNOWMASS VILLAGE,COLORADO SNOWMASS CHAPEL,INC. FOR COMMITTING COMMUNITY BENEFITS AND EMPLOYEE HOUSING SNOWMASS INTERFAITH CHAPEL SUBDIVISION WHEREAS,on 200_,Snowmass Chapel, Incorporated,a Colorado Non-Profit Corporation,(hereinafter called "SCI"),filed an application with the Town of Snowmass Village(hereinafter called 'Town"),pursuant to Title 16A of the Town of Snowmass Village Municipal Code,for Final Planned Unit Development Plan ("Final PUD Plan"),a First Amended Plat of the Snowmass Interfaith Chapel Subdivision ("Final Subdivision Plat")and rezone the property located at 5307 Owl Creek Road,Snowmass Village,CO 81615,as legally described in Exhibit A hereto(the"Property"); and WHEREAS,the Snowmass Village Town Council has now considered the rezoning to MU- 1(PUD),the Final PUD Plan,and the Final Subdivision Plat for the Property;and WHEREAS, contemporaneous with the approval of the rezone of the Property to MU-1 and approval of the Final PUD Plan and the Final Subdivision Plat,SCI and the Town have agreed to enter into this Development Agreement(Agreement),the purpose of which is to more specifically set forth those obligations that shall run with the Property and bind successors-in-interest to such;and WHEREAS, the parties agree that this Agreement is the appropriate document to set forth those terms,conditions restrictions. NOW, THEREFORE, in consideration of approval of the Final PUD Plan, the Final Subdivision Plat, and the rezone of the Property to MU-1 and the promises, covenants, and.agreements to be kept and performed by the parties hereto,it is agreed as follows: A. CONDITIONS AND SCI REPRESENTATIONS All representations of SCI regarding the Property, made in the application and in statements during the meetings and public hearings before the Town Council at which the Final PUD Plan and the Final Subdivision Plat of the Property was considered shall be considered conditions of approval. In the event it is determined by the parties that there is an omission in this Agreement or that this Agreement or any other agreement between the parties does not correctly address or include all representations of SCI,the agreement of the parties, or the conditions of approval by the Town, the parties shall execute an amendment to this Agreement or such other agreement as may be necessary to correct such omitted or incorrect matter. Snomn,ass Interfaith Chapel Development Agreement 1 B. COMMITMENT OF COMMUNITY PURPOSE SPACE 1) SCI shall allow community use of at least 4,000 square feet of interior space within its buildings on Lot 1 of the Property,(hereafter referred to as"Community Purpose Space"). The space shall be in the locations identified on Exhibit B. While the space depicted in the Exhibit exceeds 4,000 square feet,the specific locations and space configuration for the community purpose space shall occur with the areas depicted and shall be specifically determined by SCI based on demonstrated community needs. The following non-religious community uses and activities shall be allowed subject to the terms and conditions of this Agreement. a) Public meetings and gatherings generally open to residents and guests of the community. b) Multiple purpose activity and meeting rooms for community social organizations, civic groups,and citizens,and other similar non-religious functions and activities. c) Passive recreational programs and activities available to residents and guests of the community. 2) Location,Availability,and Scheduling of Community Purpose Space a) Scheduling of the Community Purpose Space shall be on a first come-first serve basis provided,however,SCI shall have priority use of its facilities at all times. b) On a space available basis,SCI shall allow community use up to 20 hours per week of the community rooms in the Community Center Building(Building 2) and up to 20 hours per week in the old sanctuary and related rooms(Building 1). c) SCI shall make the Community Purpose Space available for the stated purposes during SCI's normal business hours Monday through Friday,each week of the year. At the discretion of CCI the Community Purpose Space may be made Deleted:so available to the public at other times,including evenings and weekend hours,as Deleted:weekend requested and as available. d) Community groups or individuals may use the Community Purpose Space only after contacting SCI to schedule,reserve,and coordinate the use of a specific space within SCI's.facilities,and then only subject to the limitations and requirements herein. 3) User Fees and insurance Samrnmev bnerfaifh Chapel Development Agreement 2 a) SCI 'may charge reasonable fees to any user of the Community Purpose space for damages and/or cleanup services_ Deleted:use, b) SCI may, at its discretion, require a user to provide reasonable Deleted:. liability insurance or indemnify SCI for use of the Community Purpose Space. Deleted:, C. PARKING AGREEMENT 1) Lot 2A Parking Restrictions and Minimum Standards Notwithstanding prior commitments set forth in the "Parking Lot Use, Maintenance and Improvement Agreement' between SCI, ARAC, and the Snowmass Wildcat Fire Protection District dated October 15, 1998, as it may be amended from time to time,SCI commits to the following minimum parking lot use standards for Lot 2A of the Property. a) Residential Parking i) SCI shall provide up to eight(8)parking spaces for residential purposes,including six(6)parking spaces for residents and guests of the Anderson Ranch Arts Center(ARAC). These spaces will be designated by the SCI and shall be in close proximity to ARAC. ii) SCI shall provide at least one(1)parking space for the employee housing unit located on Lot 1. b) Parking for Chapel and Community Purpose Space i) SCI shall provide up to 20 parking spaces between the hours of 8:00 AM and 5:00 PM Monday through Friday between May 15 and September 15 annually for the Community Purpose Space. The actual number of spaces provided shall be dependent on the amount of space reserved. c) Administrative Personnel and ARAC Student/Staff Parking i) SCI,at its discretion,may provide four or more parking spaces during normal hours of operation for its administrative personnel. ii) SCI shall provide 20 parking spaces for ARAC for student and staff use between May 15 and September 15. 2) Lot 1 Parking and Traffic Management Snots-mass Interfailh Chapel Development Agreement 3 a) Use of SCI's Facilities When the use of the new Sanctuary(Building 3)for Sunday services or other large activities or uses, including but not limited to weddings,funerals, concerts,large community gatherings,seminars,and lecture programs occurs,SCI shall not schedule the use of its facilities for another activity or use at its facilities that requires a substantial number of parking spaces on Lot 2A, To achieve this objective. Deleted:requires a SCI will do the following: ail SCI will schedule the use of its facilities to ensure that Formatted:Font:caiibri, t2 Pt other activities/uses do not conflict with worship services or another maior activity in the Sanctuary building that require filll use of available parking. In other words, activities will not be scheduled in other parts of SCI facilities when "major activities" such as weddings,memorials,concerts,and worship service are being held in the new Sanctuary building. A"major activity"is one that will cause the Lot 2A parking lot to be filled to at least 80 percent capacity.This will ensure that there will not be other romtatted:Font:wiibn,12 pt pressures on parking or traffic during Sundav services or at other times with the Formatted:Font:caiibri, t2 Pt Sanctuary is in use.Formatted:Font.rallhri, t2 pt Oil SCI will not schedule the start of a major activity,other than Sunday worship services,so that vehicles entering and leaving the parking lot do so Formatted:Font:caiibri,12 pt,rvot during the morning and afternoon peak hour use of the public roads on the peak days Italic each winter.A traffic study demonstrated that Sunday worship service activities would not cause a reduction in Level of Service on the Town roadways below that which is acceptable to the Town. liii) In unusual circumstances,when parking might be used to _ - Formatted:Font:caiibri, I2 pt,not capacity and overflow parking is required,SO will perform the following management Italic measures,at a minimum,to minimize impacts on the local road system. FormaNed:Funk Calibri,12 pt a. Provide direction signs to available parking_ whether it may be on or off-site. b. Provide personnel in the parking lots and along Owl Creek Road to ensure that traffic flows effectively and that no parking occurs on Owl Creek Road or in designated fire lanes. C, SCI shall notify the Town Police Department as soon as possible in advance of the activity to review management measures to be carried out by SCI.The Town,at its discretion, may require other temporary measures to be undertaken for the event. d. Following the event.SCI will review the parking and traffic management measures with the Town Police Department to determine the IIOWmarS Imerfailh Chapel Development Agreemem 4 effectiveness of each measure and determine if other measures should be used In the future for other similar activities. Formatted:Font:Cahbri,12 pt b) Coordination with ARAC Required Deleted:a n i) SCI will meet with ARAC at least two(2)times each year,in May and November,to coordinate to the extent possible the annual Parking Lot Use Schedule for the coming use season, coordinating in advance the use of all parking spaces to ensure that: 1)the use of SCI and ARAC facilities can be maximized given the availability of parking; 2) parking and traffic conditions do not congest the emergency access easement to and through Lot 2A;3)parking does not occur within any public rights-of-way without Town approval;and 4)traffic does not unreasonably contribute to congestion of the Owl Creek Road-Brush Creek Road intersection. Scheduling will identify those major summer activities of both users and specific periods of priority use of the parking spaces. ii) Immediately following each of the two seasonal scheduling meetings,SCI shall provide to the Town Police Department a summary of the upcoming seasonal use expectations,identifying to the extent possible the manner in which the facilities will be used and the estimated parking needs. SCI will identify possible unusual parking situations that might exceed parking lot capacities and solutions for managing the anticipated parking short fall. iii) SCI will coordinate weekly schedules as necessary with ARAC during the year to monitor and refine schedules and accommodate needs and activities of both,as well as with the parking needs associated with the Community Purpose Space. c) Coordination with Town Required i) SCI shall notify the Town of Snowmass Village Police Department in advance of major special events that will exceed the capacity of the available parking areas. ii) In an unusual circumstance,when parking conditions will be inadequate,SCI shall determine alternative parking locations and transportation alternatives to and from the Property. SCI shall review its plan with the Town Police Department before the event.If it is determined that parking demand could result in congested conditions on Owl Creek Road and at the Owl Creek-Brush Creek Road intersection,SCI will provide an appropriate level of traffic and parking management/control and/or van service to minimize such condition.SCI may negotiate an agreement with the Town for temporary service by Town buses as needed. d) Alternative Parking and Transportation Arrangements Required Snmemass haefaidr Chapel Development Agreernerd 5 W SCI will work with local lodges to educate the public about the availability of lodge van service to the Property and encourage use of this alternative transportation option. ii) For occasional large public events that will exceed capacity of available on-site parking(i.e.,a public memorial service),SCI will arrange for shuttle bus service,privately or with the Town,from off-site areas and parking. Patrons will be brought directly to the Chapel as opposed to being dropped of at a stop along Brush Creek or Owl Creek Road. SCI or a party using the facilities for wedding and other similar activities will contract with with SCI or at its discretion a third party Valet Parking Service. A fee may be charged by SCI or the third party Valet Parking Service. Prior to using the Valet Parking Service and parking in any remote parking lot.the Valet Parking Service/SCI shall meet with the Town or the owner of the remote parking lot,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. The Town recognizes that certain memorial services are difficult to schedule. Service for a significant community member maybe difficult to control but in such instances SCI and the Town will work together to minimize impacts to roads and emergency access to the site off-site within reason. e) Parking Lot Management Required Deleted:a i) SCI shall provide weekly parking passes to Lot 2A parking lot users to ensure that the lot is effectively used and that unauthorized parking will not occur. SCI may transfer to ARAC this responsibility for its users; provided however,such action does not absolve SCI of its obligation to ensure that weekly parking passes are issued as set forth herein. ii) There shall be no overnight parking except as available for designated residential uses or without the permission of the SCI. iii) SCI will cause vehicles to be towed from the Property that it determines to be abandoned or illegally parked. iv) No camping or motor homes or vehicles intended for sleeping shall be left in the Parking Lot without prior consent of the SCI. v) SCI shall prohibit the storage of trailers,boats and other similar recreational vehicles,or unregistered or inoperable vehicles in any parking space Snowmam tnlerfaid Chapel Developrnew Agreement on the Property. Automotive maintenance or repairs to vehicles,which cause the vehicles to be inoperable or stationary for more than two days is prohibited. All vehicles shall be moved on a routine basis. If) Enforcement Formatted:Indent.Left: t°, Hanging: OS" 6) The Town may impose upon SCI an "enforcement Fo matted:Indent:left: t.s", mitigation fee"of up to$1,000 per day or a sum equal to Hanging: 0.5" the actual Town costs incurred when it is determined that the parking lot management program set forth in this Agreement are not effective in controlling the traffic impacts and parking demand upon the facility and the Town is required to provide traffic and/or parking control on nearby public streets for events utilizing the parking on the chapel site. 3) Separation of Parking a) Without Town approval, SCI shall not sever the ownership of Lot 2A from Lot 1 to ensure that parking shall be available at all times for the use of the Property. b) SCI shall be responsible for maintaining all parking spaces on the Property, subject to the Parking Lot Use, Maintenance and Improvement Agreement,as it may be amended from time to time. D. EMPLOYEE HOUSING COMMITMENT 1) SCI shall provide and maintain an employee housing unit on the Property. The housing unit shall contain 620 square feet, including cooking,sleeping and living areas. 2) The employee housing unit shall not be divided from other facilities or spaces on Lot 1, First Amended Plat of the Snowmass Interfaith Chapel Subdivision,to create separate ownership of the unit without approval of the Town. 3) Because of the connection of the employee housing nit to other __ _ _ Deleted:unit to facilities owned and operated by S CI_it shall reserve-t-he right to rent or provide the Unit_Deleted:SCI, on a priority basis to its employees and other similar ositions that are needed to advance its ministry and mission in the community,to Eligible Persons of those providers of community services that use the Property,or to other Eligible Person that SCI selects to occupy the unit. Snottwi csInterfaith Chapel D"elopmenl Agreement 7 4) If SCI fails to fill the housing in accordance with this Agreement after 90 days of a vacancy,it shall allow the Town the right to place an eligible person in the unit for a period of up to one year subject to compliance with the Town's Restricted Housing Guidelines, all of the requirements set forth herein,and any standards established by SCI for the occupancy of the unit,including but not limited to noise and decorum that are incorporated into a License to Occupy or lease agreement with the tenant of the unit. 5) SCI agrees to establish a deed restriction on the employee housing unit consistent with the intent of this Agreement prior to the recordation of the First Amended Plan of the Snowmass Interfaith Chapel Subdivision. E. GENERAL PROVISIONS 1) Severability. Whenever possible, each provision of this Agreement and any other related documents shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such subsection or document. 2) Town Incurs No Liability. The Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the Property specified in this Agreement; nor shall the Town, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of the use of the Property, but all of said liabilities shall be and are hereby assumed by SCI. 3) Employee Housing Liability and Indemnification. Nothing herein shall be construed to require the Town to protect or indemnify SCI against any expense,cost,or loss of any nature attributable to rental or use of the employee housing unit pursuant to the terms hereof, including, but not limited to, loss of rent or property damage, or from the application or enforcement of the terms hereof. 4) Binding upon Successors.This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns, and shall run with title to the Property. A copy of this Agreement shall be recorded in the Pitkin County real property records as the expense of the SCI contemporaneously with recordation of the First Amended Plat of the Snowmass Interfaith Chapel Subdivision. 5) No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or its.officers, Snon•mass Interfaith Chapel Develoy new Agreen+ew 8 employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 6) Enforcement. At its sole option, the Town may enforce the provisions of this Agreement and of any applicable restrictions and covenant in the same manner and with the same remedies applicable to the enforcement of land use regulations pursuant to the Town of Snowmass Village Municipal Code, as they may be amended from time to time,or as otherwise provided by law.Alternatively,the terms of this Agreement and of any applicable restrictions and covenant shall be enforceable by the Town Council or its designee by any appropriate equitable or legal action, including but not limited to specific performance, mandamus, abatement, injunction,or forcible entry and detainer. The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies provided by law. Should the Town prevail in any action to enforce this Agreement,the Town shall be awarded its court costs, its attorneys'fees and an amount to compensate the Town for the time of its employees or any experts in the preparation of and/or participation in such action. 7) Waiver: In executing this Agreement, SCI waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the Town to impose conditions on the SCI as set forth herein or in the other documentation being executed contemporaneously, and concerning the procedure, substance, and form of the ordinances or resolutions approving the Development and adopting this Agreement. 8) Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid,certified or registered mail,return receipt requested. Address for giving notice to Town: Town of Snowmass Village Community Development Department 16 Kearns Road SnOWma55 Village,CO 81615 970)923-5524 Address for giving notice to SCI: Snowmass Chapel, Inc. PO Box 17169 Snowmass Village,CO 81615 970)923-6192 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 200_ Swumass Interfaith Chapel Development Agreement 9 THE TOWN OF SNOWMASS VILLAGE By: Bill Boineau,Mayor date) ATTEST: Rhonda B.Coxan,Town Clerk SNOWMASS CHAPEL, INC. A COLORADO NON-PROFIT CORPORATION By: date) STATE OF COLORADO ss. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day of 200_, by Bill Boineau, as Mayor for the Town of Snowmass Village and by Rhonda B. Coxan as Town Clerk for the Town of Snowmass Village. Witness my hand and official seal. My commission expires: Notary Public Snowmass Interfaith Chapel Development Agreement 10 STATE OF COLORADO ss. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day of 200_ by as of Snowmass Chapel, Inc.,a Colorado Non-Profit Corporation. Witness my hand and official My commission expires: Notary Public Snmmass Inter,faith Chapel Developmww Agm,. m EXHIBIT"A" LEGAL DESCRIPTION Lot 1 Lot 1, First Amended Plat of the Snowmass Interfaith Chapel Subdivision Replat A, according to the Plat thereof recorded 200_in Plat Book_at Page_as Reception No. Lot 2A Lot 2N-First Amended Plat of the Snowmass Interfaith Chapel Subdivision Replat A, Deleted:,First according to the Plat thereof recorded 200_in Plat Book_at Page_as Reception No. Snowmass Interfaith Chapel DevelopmentAgreement 12 EXHIBIT"B" LOCATION OF COMMUNITY PURPOSE SPACE S,o ,lnlerfnifh Chapel Development Agreeroenl 13 Community Purpose Space Location YK T, n-. J'{ A t. .`. v, 4-!- figs/ :' r.• /' J." J'f• fA,, '/.' Areas within which Community Purpose Space will be located Existing Chapel tr SNOWMASS Community Center r,-. , CHAPEL Lower Level Floor P ar> August 21, 2008 scale: Ys, — 1'- 0' Community Purpose Space Location x•a- i CommunityPurpose Space moo•\, \\ waE oa - Areas within which Community Purpose OR Space will be located i Existing Community Center SNOWMASS Upper Level Floor Plan CHAPEL August 21, 2008 scale: Ys" = 1'- 0' ® Exhibit "E" Town Council Ordinance No. 9, Series of 2009 Insertion for - Declaration of Deed Restriction on the existing employee unit DECLARATION OF DEED RESTRICTION AND AGREEMENT CONCERNING THE USE AND OCCUPANCY OF RESIDENTIAL DWELLING UNIT IN THE SNOWMASS TOWNPEL AND COMMUNITY CENTER,TOWN OF SNOWMASS VILAGE, PITKIN COUNTY, COLORADO THIS DECLARATION OF DEED RESTRICTION AND AGREEMENT CONCERNING THE USE AND OCCUPANCY OF A RESIDENTIAL DWELLING UNIT IN THE SNOWMASS CHAPEL AND COMMUNITY CENTER PLANNED UNIT DEVELOPMENT,TOWN OF SNOWMASS VILLAGE, PITKIN COUNTY, COLORADO ("AGREEMENT') is made and entered into this day of 200_, by Snowmass Chapel Incorporated, a Colorado Non-Profit Corporation (the Declarant'), for the benefit of the parties and enforceable by the Town Council of the Town of Snowmass Village, Colorado (the "Town"). RECITALS AND DEFINITIONS A. The Town approved Ordinance No. Series of 200J granting approval of the Snowmass Chapel and Community Center Planned Unit Development ("PUD") on 200 B. Declarant is the owner of a residential dwelling unit in the Snowmass Chapel and Community Center PUD, in the Town of Snowmass Village, Pitkin County, Colorado; and C. Declarant desires to restrict one (1) Residential Dwelling Unit ("Unit') in the Snowmass Chapel and Community Center PUD, that is specifically described in Exhibit A attached hereto and incorporated herein by this reference, for the purpose of providing affordable and employee housing as further set forth in this Agreement; and D. Declarant offers this Deed Restriction as a commitment under the Snowmass Chapel and Community Center PUD to meet the employee housing requirements of Chapter 17 of the Snowmass Village Municipal Code. NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby acknowledged, Declarant hereby declares, covenants, and agrees as follows: SECTION 1 DECLARATION 1.1 For the purposes set forth herein, Declarant, for itself and its successors and assigns, hereby declares that the Unit shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, improved, altered and enjoyed subject to the covenants, conditions, rights, and other provisions herein set forth, for the duration hereof and all of which shall run with the land and be binding upon the Declarant and its successors and assigns and shall be binding upon and inure to the benefit of the Town. Snowmass Chapel Final PUD Plan June 20,2009 1.2 The Unit shall comprise an area described in Exhibit A and shall include at all times all standard amenities and furnishings fixtures necessary for a residential dwelling unit under the Snowmass Village Municipal Code. 1.3 Declarant shall manage and maintain the Unit at all times at a comparable level of quality or better than other Town-owned employee housing rental units. 1.4 Nothing herein shall be construed to require the Declarant to protect or indemnify a tenant or occupant of the Unit against any loss or bodily harm attributable to (not by way of limitation) damage to the premises caused by fire or other similar conditions or maintenance conditions of the grounds or facilities. 1.5 Declarant hereby restricts the acquisition or transfer of the Unit and said Unit shall not be conveyed or divided in interest from other building spaces within Lot 1, Snowmass Interfaith Chapel Subdivision, to create or otherwise allow a separate ownership interest of or in the unit. SECTION 2 USE AND OCCUPANCY OF UNIT 2.1 Because of the connection of the Unit to other facilities owned and operated by the Declarant, Declarant reserves the right to rent or provide the Unit on a priority basis to its employees, which might include guest pastors and other similar positions that are needed to advance its ministry and mission in the community, to Eligible Persons of those providers of community services that use the Declarant's property, or to other Eligible Person that the Declarant selects to occupy the Unit. With the exception of the Declarant's employees, other Eligible Persons shall receive written approval by the Town. 2.2 Not withstanding allowances to the Declarant in Section 2.1;the use and occupancy of the Unit shall henceforth be limited exclusively to housing for Eligible Persons who meet the Town employee housing tenant qualifications, as they may be amended from time to time, or as otherwise set forth in this Agreement. 2.3 If Declarant fails to fill the housing in accordance with this Agreement and the Unit remains empty for a period of ninety (90) days, then following a 30-day written notice to Declarant the Town shall have the right to place an Eligible Person in the Unit for a period of up to one year subject to compliance with the Town's Restricted Housing Guidelines, all of the requirements set forth herein, and any standards established by Declarant for the occupancy of the unit, including but not limited to noise and decorum that are incorporated into a License to Occupy or lease agreement with the tenant of the Unit. 2.4 No tenant or occupant of the Unit shall engage in any business activity within the Unit without written authorization by the Declarant. 2 SECTION 3 LEASE AND RENTAL RATE 3.1 The parties agree that the Declarant may charge a monthly rental fee that shall be comparable to or less than the rental rates charged by the Town for a Mountain View employee housing unit of similar size unit and with comparable amenities and furnishings, which may be adjusted annually by the Declarant to reflect changes in the rental rates charged by the Town for such Mountain View unit. 3.2 Declarant shall be entitled to collect the first and last month rent in advance of occupancy. 3.3 The Declarant shall be entitled obtain a security deposit in an amount comparable to the deposit required by the Town for the comparable Mountain View employee housing unit before an Eligible Person is allowed to occupy the Unit. 3.4 Declarant reserves the right to provide the unit to its employee for no rent or substantially reduced rent in exchange for services related to operation and maintenance of its facilities and grounds. 3.5 Declarant may use an appropriate form of"License to Occupy' the Unit that will give the Declarant the flexibility to: a) include rent as part of an its employee's income, b) charge its employee for all or any portion of the applicable unit rent, and/or c) link occupancy of the Unit to employment with the Declarant. 3.6 A License to Occupy or other form of lease used by the Declarant may establish procedures in the event of one or more violations of the rules and regulations and termination thereof. In the event of a violation, Declarant shall give a tenant of the Unit a fifteen (15)day minimum notice to comply with said rules before termination occurs. 3.7 Leases or licenses to occupy may allow the owner the right to determine whether a tenant or occupant is violating noise or decorum standards, which shall be noted in the lease. There may be prohibitions on illegal activities, discharging of firearms, flammable or explosive materials, or other activities that produce a general nuisance to the Declarant's quiet enjoyment and use of its property or the surrounding neighborhood. Quiet hours may be established due to the proximity of the Unit to other uses that occur on the property. There may be specific regulations related to the storage of personal goods on exterior decks, in the parking lot, and on lawn areas in the PUD. SECTION 4 BREACH OF AGREEMENT AND OPPORTUNITY TO CURE 4.1 In the event that the Town has reasonable cause to believe the Declarant is violating the provisions of this Agreement,the Town, by its authorized representative, may inspect a Unit 3 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Declarant with no less than a 24 hour written notice. 4.2. In the event a violation of this Agreement is discovered, the Town may, after a review of the evidence of a breach and a determination that a violation may has occurred, send a notice of violation to the Declarant detailing the nature of the violation and allowing the Declarant fifteen (15) days to cure. Said notice shall state that the Declarant may request a hearing before the Town Council within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Declarant shall be considered in violation of this Agreement. 4.3 The failure of the Town to insist upon the strict and prompt performance of any of the terms, conditions and restrictions of this Agreement shall not constitute or be construed as a waiver or relinquishment of the Town's right or rights thereafter to enforce any term, condition or restriction and the same shall continue in full force and effect. SECTION 5 REMEDIES 5.1 This Agreement shall constitute covenants running with the real property described in Exhibit A, as a burden thereon, for the benefit of, and shall be specifically enforceable by the Town, as applicable, by any appropriate legal action for specific performance. 5.2 In the event of any sale,transfer or conveyance of the Unit in violation of this Agreement, such sale,transfer or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported transferee(s). 5.3 In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall be entitled to recover damages and costs, including reasonable attorney's fees. 5.4 In the event that a tenant of the Unit fails to cure any violation of this Agreement or a license or lease allowed hereunder, the Declarant may resort to any and all available legal actions including, but not limited to, specific performance of this Agreement or eviction of the tenant/occupant from the Unit. SECTION 6 GENERAL PROVISIONS 6.1 Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to 4 the other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Declarant: Snowmass Chapel Incorporated c/o Jeanne Woods PO Box 17169 Snowmass Village, CO 81615 To Town: Town of Snowmass Village, Colorado Town Attorney P.O. Box 5010 Snowmass Village, CO 81625 6.2 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law, but if any of its provisions shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement. 6.3 Choice of Law. This Agreement is to be governed and construed in accordance with the laws of the State of Colorado. 6.4 Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 6.5 Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 6.6 Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by the parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. DECLARANT: Snowmass Chapel Incorporated By: Its: 5 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 200_, by as for Snowmass Chapel Incorporated. Witness my hand and official seal. My commission expires: Notary Public 6 EXHIBIT MAP OF: ON-SITE A.D.U. LOT I SNOWNASS INTERFAITH CHAPEL SUBDIVISION ACCORDING TO THE LOT LINE ADJUSTMENT PLAT RECORDED AS REC. NO. _______ COUNTY OF PTHON STATE OF COLORADO SHEET I OF I AFFORDABLE DWELLING UNIT TRACT 41 TRACT 421 754g4g„ 1j8 S4'w LOT I AS SHOWN ON LOTsT1E LINE ADJUSTMENT PLAT, C SNOWILASS INTERFAITH CHAPEL J SUBDIVISION EXISTING CHAPEL i i N 7345 54 TIE TO BUILDING CORNER) o0 29.6' 0.64'i roN 1.57 AREA = 586.16 S0. FT.of EXISTING BUILDING CORNER C6 9.29' 23.22' ro 0ro SNOWMASS CHAPEL 14.64' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 AMAIN STREET, SUITE A3 CARBONDALE, COLORADO 81823 070) 704-0311 28089 10/21/08 PUD-LH.DWG Exhibit "F" Town Council Ordinance No. 9, Series of 2009 Insertion for - Vested Property Rights Development Agreement DEVELOPMENT AGREEMENT TOWN OF SNOWMASS VILLAGE, COLORADO SNOWMASS CHAPEL, INC. FOR VESTING OF PROPERTY RIGHT SNOWMASS INTERFAITH CHAPEL SUBDIVISION THIS DEVELOPMENT AGREEMENT(this "Agreement") dated as of 200_is between Snowmass Chapel, Incorporated, a Colorado Non-Profit Corporation, (hereinafter called "SCI"), filed an application with the Town of Snowmass Village, a Colorado municipal corporation (hereinafter called "Town"). RECITALS WHEREAS, SCI intends to develop that real property situated in the Town commonly known as Lots 1 and 2A of the First Amended Plat Snowmass Interfaith Chapel Subdivision, (the Property"); WHEREAS, SCI has proposed to develop the Property, as more particularly described in the Snowmass Chapel Final PUD Plan that the Town Council of the Town granted approval of the development of the Property by enacting Ordinance No. Series of 200_(the Ordinance"); WHEREAS, the Town Municipal Code (the "Code") authorizes the execution of"development agreements" by the Town and the execution of this Agreement is contemplated by the Ordinance. NOW,THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged,the parties agree as follows: ARTICLE 1 VESTED PROPERTY RIGHTS 1.1 Vested Property.Rights a) The Town and SCI agree that all rights of SCI granted, recognized and confirmed in the Ordinance and this Agreement constitute "Vested Property Rights", as such term is defined in the Code. By way of illustration, and not limitation, Vested Property Rights" include the right to develop, plan and engage in land uses on the Property in accordance with the provisions of the Ordinance for the period described in Section 1.3 below. b) The Town shall not enforce against SCI or the Property any amendment to the Code adopted after the date hereof, or any other zoning, land use or other legal, administrative rule, regulation, ordinance, resolution or requirement that does not apply to the Property as of the date hereof, or otherwise take any other action that would directly or indirectly have the effect of impairing, preventing, diminishing, imposing a moratorium on development, or otherwise delaying the development or use of the Property in accordance with this Agreement or the Ordinance. Except for those conditions contemplated in the Ordinance or the Code in effect as of the date hereof, and any other agreements related to the development or use of the Property executed between the Town and SCI contemporaneously with the execution of this Agreement or the Ordinance, the Town shall not subject development or use of the Property to any other exactions, payments, dedication or reservation requirements, obligations for constructing on-site or off-site public improvements or facilities, or the payment of any fees in lieu of any of the foregoing in connection with the development, construction, use or maintenance of the Property as described in the Ordinance or any other exercise of the Vested Property Rights. c) Notwithstanding the foregoing, the Vested Property Rights recognized herein shall not exempt SCI from requirements for building permits, other necessary permits or other approvals required subsequent to the approval of the Ordinance (as required by the Code in effect as of the date hereof). The establishment of the Vested Property Rights shall not preclude the application of the requirements of the building code, fire code, plumbing code, electrical code, the mechanical code or of any regulations specifically adopted to correct or mitigate natural or man-made hazards on or in the immediate vicinity of the Property, which hazards could not reasonably have been discovered at the time the Ordinance was approved, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare, all as more particularly described in Section 24-68-105 of the Colorado Revised Statutes. 1.2 Condition Subsequent to Continued Existence of Vested Property Rights. a) SCI has committed to provide certain community benefits and facilities as agreed to in the Ordinance on the Property for the benefit of the community pursuant to the terms of to the terms of the following agreements (collectively, the "Other Agreements") i) The Snowmass Chapel Incorporated Development Agreement for Committing Community Benefits and Employee Housing, Snowmass Interfaith Chapel Subdivision, dated effective as of 200_between SCI and the Town; ii) Subdivision Improvements Agreement for the Snowmass Interfaith Chapel Subdivision dated effective as of 200 between SCI and the Town. b) The continued existence and duration of the Vested Property Rights recognized in this Agreement is subject to the condition that no Material Default by SCI shall occur. If a Material Default shall occur, then, as provided in Section 16A-5-90(c) of the Town municipal code, the Vested Property Rights shall be forfeited. For purposes hereof, "Material Default" shall mean a failure by SCI to perform any of its obligations under any of the Other Agreements or the Ordinance in any material respect that remains uncured after the expiration of any applicable cure period as such default is conclusively determined by a court of competent jurisdiction in a final, non-appealable judgment or order. 1.3 Duration. In consideration of SCI's performance of its obligations undertaken in the Other Agreements and in recognition that SCI must undertake fund raising from private contributors and the time and expense required to complete the development of the Property and the effect of varying economic cycles and market conditions, the Town has concluded and agrees that the Vested Property Rights shall be vested and continue for a period commencing on the date hereof and expiring on December 31. 2019 (the "Vesting Period"). Unless expressly provided to the contrary therein, the Ordinance and any modifications and amendments to the Ordinance or any other material related to the development of the Property shall become part of the Vested Property Rights recognized hereunder automatically upon approval by the Town and such vesting shall last throughout the term of the vested rights. ARTICLE II DEFAULT 2.1 Default by Developer. If SCI shall commit a default under the terms of any of the Other Agreements or fail to perform any of its obligations under the Ordinance, which default or failure to perform extends beyond the expiration of any applicable grace and cure period, SCI shall not be entitled to receive additional building permits for the construction of any of the buildings described in the Ordinance until such time as the default or failure to perform is cured or the Town otherwise agrees to issue such a building permit. In addition, (a) the Town shall be entitled to all rights and remedies set forth in such Other Agreements upon such an uncured default, and (b) as noted in Section 1.2(b) above, upon a Material Default, the Vested Property Rights recognized hereunder shall be forfeited as provided in Section 16A-5-90(c) of the Town municipal code. 2.2 Default by the Town. If the Town is in default in the performance of its obligations under this Agreement, the Town shall have the right to cure such default within 60 days after written notice by SCI of the default to the Town. If the Town fails to cure such default within 60 days after written notice is given from SCI to the Town specifying the nature of the default, then SCI shall have all rights available to it at law or in equity, specifically including the right to specific performance, injunctive relief and/or damages. Upon a default hereunder by the Town, the Vested Property Rights shall be extended for a period of time equal to the duration of such default by the Town, which extension shall specifically include any applicable cure period enjoyed by the Town under this Section 2.2. ARTICLE III ASSIGNMENT 3.1 Assignment by SCI. a) SCI may assign its rights and obligations under this Agreement, or any portion thereof, without the Town's consent by a written recorded instrument expressly assigning such rights and powers any entity which succeeds to substantially all of SCI remaining development rights with respect to the Property as described in the Ordinance. b) Upon an assignment by SCI of any of its rights or obligations under this Agreement to another entity, and an assumption of those rights or obligations by such assignee, SCI shall be released of all liabilities arising under this Agreement with respect to such rights or obligations. ARTICLE IV MISCELLANEOUS 4.1 Binding Effect. This Agreement shall be binding upon the parties and shall inure to the benefit of each party's successors and assigns, as designated by a written assignment recorded in the Pitkin County Clerk and Recorder's Office. 4.2 Burden and Benefits. Each of the benefits, burdens, terms, covenants, agreements and conditions of this Agreement shall be construed as covenants running with the land benefiting and burdening the Property or any applicable portion thereof, and it is the intent of the parties that such benefits, burdens,terms, covenants,agreements and conditions touch and concern such property. 4.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 4.4 Scope of Agreement. The rights granted to SCI by this Agreement are in addition to any other rights held by SCI under applicable law. 4.5 Interpretation. Unless the context of this Agreement clearly requires otherwise: a) terms defined in the singular may be used in the plural, and terms defined in the plural may be used in the singular; b) "including" and "such as" are not limited; c) "or" has the inclusive meaning represented by the phrase "and/or"; d) the words "hereof," "herein," "hereby," "hereunder"and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement; e) Article, Section, clause, paragraph and Exhibit references are to this Agreement unless otherwise specified; and f) references to any agreement (including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and, if applicable, the terms hereof. All of the exhibits to this Agreement are hereby incorporated into this Agreement by reference. In the event of any conflict between a term, condition or provision of this Agreement and a provision of the Town's Municipal Code, the terms of this Agreement shall control. 4.6 Severability If any provision of this Agreement shall be invalid, illegal, void or unenforceable, it shall not affect or impair the validity, legality or enforceability of this Agreement or any other provision hereof, and a court shall enforce this Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and SCI as expressed in this Agreement. If any provision of this Agreement is invalid, illegal, void or unenforceable not in its entirety but as applied to a particular act, thing or circumstance, such provision shall not affect or impair the validity, legality or enforceability of this Agreement or any provision hereof as applied to any other act, thing or circumstance, and a court shall apply such provision and enforce this Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and SCI as expressed in this Agreement, 4.7 Termination; Amendment; Waivers. This Agreement may not be terminated, modified or amended, nor may waivers hereunder be granted, except in writing and only with the consent and approval of SCI and the Town. 4.8 Notices. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to Town: Town of Snowmass Village Community Development Department 16 Kearns Road Snowmass Village, CO 81615 970) 923-5524 Address for giving notice to SCI: Snowmass Chapel, Inc. PO Box 17169 Snowmass Village, CO 81615 970) 923-6192 4.9 Recording. SCI and the Town each shall have the right to record this Agreement in the records of the office of the Clerk and Recorder of Pitkin County, Colorado. 4.10 Captions and Titles. All captions and titles of headings of Articles and Sections in this Agreement are for the purpose of reference and convenience and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. 4.11 Attorney Fees. Notwithstanding anything to the contrary contained in this Agreement, if either party institutes legal proceedings against the other with respect to this Agreement, the non-prevailing party shall pay to the prevailing party an amount equal to all attorneys' fees and disbursements and all other costs and expenses incurred by the prevailing party in connection therewith, including, without limitation, the fees and disbursements of any attorneys, accountants, engineers, appraisers or other professionals engaged by the prevailing party, whether incurred before or at trial, on appeal, in bankruptcy or in post-judgment collection. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this _ day of 200_. THE TOWN OF SNOWMASS VILLAGE By: Bill Boineau, Mayor date) ATTEST: Rhonda B. Coxan,Town Clerk SNOWMASS CHAPEL, INC. A COLORADO NON-PROFIT CORPORATION By. date) STATE OF COLORADO ss. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day of 200 , by Bill Boineau, as Mayor for the Town of Snowmass Village and by Rhonda B. Coxan as Town Clerk for the Town of Snowmass Village. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ss. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day of 200_ by as of Snowmass Chapel, Inc., a Colorado Non-Profit Corporation. Witness my hand and official My commission expires: Notary Public Exhibit "G" Town Council Ordinance No. 9, Series of 2009 Insertion for - Buildout Chart revision SNOWMASS VILLAGEBUILDOUT LAND USE ZONING N OF DWELLING UNITS COMMERCIAUOTHER EXISTING AS OF EXISTING AND EXISTING FUTURE EXISTING FUTURE 4.6. 98 APPROVED FUTURE EXISTING FUTURE PARCELSWEST WOODBRIDGE B37 Sonnenblick ww MFR MFR SPA- 1 6 0 6 0 7 0 0 B38 Stonebridge ww MFR MFR SPA- 1 91 1 91 1 102 0 0 B39 Stonebrid a Inn WW MFR MFR SPA- 1 95 8 95 8 114 2682 2682 B40 SVRA Pool Facility ww I REC 1 0 0 0 0 0 2336 B41 Tamarack 1ww I MFR MFR PA- 1( CC- PUD) 36 0 36 0 40 0 0 B42 Terracehouse ww MFR MFR SPA- 1 29 1 29 1 33 0 0 B43 Timberline ww MFR MFR SPA- 1 96 5 96 5 112 0 B44 Top of the Village ww MFR MFR SPA- 1 111 0 111 0 123 0 B45 Top of the Village Gatehouse WW MFR MFR SPA- 1 5 3 5 3 8 0 0 B46 iWildcat Slope ww OS OS 0 0 0 0 0 0 0 B47 lWildwood Lodge ww MFR MFR SPA- 1 146 10 146 10 172 B48 Willows, Center WW MFR MFR SPA- 1 40 0 40 0 44 0 0 B49 Willows, Lower ww MFR MFR SPA- 1 24 0 24 0 27 0 0 B50 Woodrun Place ww MFR MFR PUD 54 0 54 6 60 0 0 B51 Woodrun V( Parcel 7)) ww REC MFR PUD 0 0 0 0 17 0 B52 Woodrun V( Tract E) ww REC REC PUD 0 0 0 0 0 5000 B53 Woodrun V Townhomes ww MFR MFR PUD 45 0 45 0 45 0 1588 324 1588 357 2593 EAST WOODBRIDGE 854 Anderson Ranch ew PUB PUB PUD 0 16 0 26 26 48654 55110 B55 Deerbrook ew MFR MFR SPA- 1 15 0 15 0 15 0 0 B56 Faraway North( Woodbridge) ew VACANT MFR SPA- 1 0 0 0 0 30 0 0 B57 Faraway South Parcel K ew VACANT MFR SPA- 1 0 0 D 0 50 0 B58 Faraway South Parcel K& N ew VACANT MFR SPA- 1 0 0 0 0 50 0 0 B59 Homestead ew MFR MFR PUD 14 0 14 0 14 0 0 B60 Melton Extension ew OS OS OS 0 0 0 0 0 0 0 B61 Offices at Snowmass Jew OFFICE OFFICE 0 0 0 0 1 0 13500 B62 Ridge ew MFR MFR PUD 36 0 36 0 36 0 0 B63 Ridge East ew OS OS 0 0 0 0 0 0 0 B64 Ridge Run I ew MFR MFR DU 30 0 30 0 30 B65 Seasons Four ew MFR MFR SPA- 1 96 1 96 1 97 0 0 B66 Snowmass Chapel& CC ew PUB PUB 0 1 0 1 1 20000 29700 B67 ISnowmass Mountain ew MFR MFR SPA- 1 59 1 59 1 60 0 0 B68 Snowmass Villas( Blue Roofs) ew MFR MFR SPA- 2 28 0 28 0 28 0 0 B69 Snowmass/ Wildcat Firehouse ew PUB PUB 0 10 0 16 1 16 13692 17000 B70 Wildcat BUM ew 0 0 LAND USE ZONING OF DWELLING UNITS COMMERCIAVOTHER 6/ 2912009 Page 2 buildout complete revised Exhibit "H" Town Council Ordinance No. 9, Series of 2009 Insertion for — Outstanding comments dated April 22, 2009 from the Town Engineer. I I SCHMUESER GORDON I MEYER GLENWOOD SPRINGS ASPEN CRESTED DuTTE E N G I N E E R S S SURVEYORS I 16 W. 6TN, SUITE 200 `0. eox 2155 P.o. eOx 3068 0.ElN.CCO SHdMS,W81501 ASPEN, CO 81612 CRESTED BUTTE, CO 61 224 1 970-945-1004 976925-6727 970.349-5355 Fx; 970-945-5948 rz: 970.925-4157 rx: 970-349-5358 MEMORANDUM DATE: April 22, 2009 TO: Jim Wahlstrom, Senior Planner jimwahlsttomlo tosv.com FROM: Dean Gordon, Town Engineer Richard Goulding, SGM RE: Snowmass Chapel Final Plan Application Please find herein my comments on the above-referenced application. I will use my previous comments as a basis of reference. The original memo is dated April 25, 2009 and the subsequent memo is dated October 11, 2005, both are attached. Also used are the Sopris Engineering drawings with latest revision date, 11/10/08 labeled Bid Documents, and the Final PUD application dated March 301h 2009: My comments on the Traffic Plan are deferred to the Town's traffic consultant for items 1 and 2. Items 3, 4 and 5 have been addressed. Item 6 has been addressed in the March 30',2009 package by a memo from Sopris Engineering Item 7 concerning guardrails has been addressed by removing the guardrail detail from the previous application and including a poured concrete wall detail. This form of guardrail is satisfactory. Item 8 has been addressed in a letter dated May 23, 2005 from Applicant's engineer. A Nyloplast sand/oil filter will be installed in the inlets to address water quality issue from runoff in the paved areas in front of the new structure. Item 9 with respect to on-site culverts; the onsite 12" culvert has been eliminated from the design. Items 10, 11, 12 and 13 have been addressed. Item 14 and Item 15 have been addressed by a supplemental version of the Applicant's report entitled, Brush Creek Impact Report, dated September 29, 2005. 1:11991M0041E%Phaw 1B.Snowiness CtuMIW-22-09 mvi memo lD W.hl"m.d. I Additional comments The plans are labeled bid documents which is acceptable but they need to be stamped for both structural and civil if this is a final submission. The applicant has agreed to stamp the final drawings More erosion mats should be added to the steep area downstream of the proposed bridge on C14 until vegetation is established. The applicant has agreed to add this to the final drawing The runoff from the curb and gutter on the bridge drains directly in the creek with no erosion control. Rip rap could be added to mitigate the runoff. The applicant has agreed to add this to the final drawing The proposed bridge is designed for H-20 loading, this equates to 40,000lbs. When I checked with Wildcat Fire District the required loading was a HS-20 which is about 72,000lbs. Their ladder truck is in the 70,0001b region. The bridge is under designed from a shearing standpoint in the concrete girders if both of the rear axels are on the bridge at the same time. The foundation may also be under designed in this scenario. The water surface level and freeboard should be shown on the bridge cross section. The response is acceptable but is based on the statement that the trucks the Wildcat Fire Department use are similar to Denver fire trucks. When I spoke to the Fire Department it appears they had a larger heavier truck. The response should be forwarded to the Fire Department to ensure they agree with the assumptions on the size of their equipment The Issue of the water level at 100 year flood in has been addressed by Sopris Engineering. I would request the information is added to the structural section for the final drawings. Micro-piles were used as opposed to a spread footing as recommended by the Geotech report in 2008. Please include a statement stating that these are an equal alternate. The response is acceptable The proposed retaining walls are 7-8' high. No information was provided as to the surcharge loading on these within the parking lot and where the fire truck would turn. around. The response is acceptable The work around manhole SHM 0-136 is in close proximity to the wetlands and is 10' deep. It is also close to the creek and some methods should be developed as to how to deal with possibility of the creek flooding the dig during construction. The response is acceptable The parking stalls should be 9'wide not 8'. The response is acceptable. The painted area between the spaces and the at grade plaza could be used to accommodate larger vehicles Swale Flow lines would help the contractor construct the swales as intended. 1:11991010WEftwe 16.Snovnnass ChapelW22-09 revised memo to W eNffiUm,doc f The response is acceptable and more detail is to be added to the stamped set. Please call if you have question if you have any questions on the above comments RBG 111991W1004OPhase 18-Siromn CMNM-22-09 raised memo to Wahlstrom.doc Exhibit "I" Town Council Ordinance No. 9, Series of 2009 Insertion for - Drawing illustrating portion of snowmelting system to remain and the portion to be removed. to be submitted by Applicant, if applicable) 1 Pagc MEMORANDUM TO: Snowmass Village Town Council FROM: Housing Department/ Joe Coffey, Russ Forrest DATE: July 6, 2009 SUBJECT: Rodeo Place Phase II B I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Today the Town Council is requested to provide direction on the Rodeo Place Phase II B purchase price for each home in the range that would advertised. Phase II B consists of two 2br. homes and two 3br. Homes. Ads will be placed in the Snowmass Sun to determine the market demand for these four homes as we did with Phase II A. The market demand results (number of qualified applicants) will be presented to the Council at the August 3, 2009 meeting. With Council approval and If there is a sufficient market demand the Town Manager will then execute a contract with Rudd Construction to build these homes. It there is sufficient market demand the Town Council is requested to provide the Town Manager with direction on whether to execute a contact with Rudd Construction to build these homes. The project team used square footage pricing from Phase I and adjusted for finished living area in proposing the following prices for Phase 2B. II.BACKGROUND Rodeo Place Phase II is proposed to consist of three sub-phases. Phase Lots Status Phase II a Lots 16,17,18,19 Excavation has begun & Factory is building homes Phase II B Lots 21,22,23,24 Need Market Demand & Council Approval Phase II C Lots 20, 4, 1 Need Market Demand, Lots 1 &4 Needs land Use approval and Council Approval Ill. DISCUSION ITEMS: Home Sale Prices: The price ranges of the Phase II B homes are listed below. The project team has priced these homes to match the sale price of similar homes in the phase I and phase II A of Rodeo Place. Two of homes in Phase II B are of a completely new design, and two homes are similar to the homes on lots 11 &12, but they have a 2 Page walk-out basement. The methodology used in setting the sales price was based on comparing the price per SF of gross living area and the percentage of the finished SF to the homes in Phase I and Phase II A. Lot 21 $426,300.00 to $434,826.00 Lot 22 $386,316.00 to $405,632.00 Lot 23 $426,300.00 to $434,826.00 Lot 24 $424,316.00 to $432,802.00 Lots 21 & 23 Both of these homes have a higher percentage of finished living space then some other homes (82%), and an unfinished basement. This is a new home design. Lots 22 & 24 These homes are similar to some previously constructed homes. Lot 22 is very similar to lot 12 and lot 24 is very similar to the home on lot 11. Due to the sloping lots both of these homes will have a walk-out basement that adds value, but also increases the construction costs of the homes. Lot 22 is along a creek. All the homes in Phase II B and II C will require the export of excavation material, as there is no longer the ability to disburse the dirt on site. Housing Subsidy The Town's subsidy to the Rodeo Place Phase 11 B is estimated to be from 9% to 15% of the hard costs for these four homes. Since the final pricing has not been completed yet we are using preliminary numbers to determine the subsidy required. In an effort to match the sales price of the phase one homes, with adjustments made for specific lot requirements, the subsidy will be adjusted accordingly. IV Staff Recommendations: Rudd Construction is currently finalizing their contract amount to construct these four homes based on the completed construction documents. The Housing Department would like to begin running ads to determine the market demand for these four homes on July 7l 2009. With Council approval we will advertise the homes to both Snowmass Village employees and Pitkin County employees. We currently do not advertise for Pitkin County employees until after the first thirty days of advertising for Snowmass Village employees. Snowmass Village employees will continue to receive a priority and then Pitkin County employees. Pre qualification letters from lenders and deposits will be required from all qualified applicants by July 28, 2009. If there is sufficient demand for these homes a construction budget and a request for authorization to proceed on Phase 11 B will be requested at the August 3, 2009 Council meeting. TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: Russ Forrest and Chris Conrad SUBJECT: Base Village Improvements DATE: July 6, 2009 1.Purpose The purpose of this agenda item is to review the physical, financial, and operational risks associated with the slow-down or termination of work at Base Village. In addition, staff has attempted to identify remedies and/or enforcement options where possible to reduce the risk to the community. 2.Background With the 2004 PUD approval of Base Village came several agreements that identified when public improvements would occur and the general sequencing of the Base Village Project. Ordinance No. 21, Series of 2004, set forth the initial phasing for the project and incorporated Employee Housing, Development, Funding and Subdivision Improvements Agreements as part of the approval of the Base Village PUD. Also other commitments have been made including the development agreement with interim building 7 and Building 13A (Viceroy) Hotel Agreement. The primary premise in the various documents that related to Base Village is that the developer will fulfill certain obligations and does not get to build or open what they want until certain public improvements are completed. This strategy unfortunately is not effective when the developer looses their capability and commitment to move forward with any development on the project. Currently the Viceroy is the only structure that Related is moving forward with in the PUD project. Buildings 7, 8, and 13B have commenced but work on those structures has been halted by the developer. 3.Risks and Options for addressing Risks Attached is a detailed matrix of all the potential risks associated with Related West Pac stopping or slowing construction. The following is a summary of the most critical issues staff has identified related to the current economic situation with Related. Physical Issues: Building 7 The Town and Related executed a development agreement on Building 7 that would involve construction commencing on the interim Building 7 at the beginning of May 2009 to complete the vertical circulation for the transportation facility and to complete the approved exterior facade. A bond is in place for 2,000,000 to complete the interim 7. Staff has already notified Related that work had not commenced on Building 7 as of the beginning of May, 2009. Related will be in default of the agreement on July 4 if construction does not commence. Staff will send a default notice, presuming work is not occurring, to Related pursuant to the development agreement after July 4h. They will then have 14 days after that 2-month period of inactivity to cure the default. Staff intends to pursue every remedy available in the development agreement to ensure compliance. The performance bond is intended to pay for completion of the project if the developer fails to complete the scope of work approved for interim Building 7. Buildings 13B and 8 Construction on both buildings 13B and 8 have stopped. Hypo Bank is the primary lender on both buildings and has not authorized further expenditures on these two projects. Other equity partners may also have to approve before construction can commence on these and other buildings. The parking garage under 13B (is shared with 13A) must be completed to facilitate parking for 13A. Building 8 is partially completed and is an eyesore. Staff does not see any immediate solution for compelling the developer to move forward with the construction of these two structures. Another strategy can be developed to create an Urban Renewal Authority and obtain a private development partner to complete the project. An Urban Renewal Authority provides a legal means to condemn a property for economic purposes. Round-about The round-about is not complete. The Funding Agreement specified that the parties intended to begin construction on the round-about and Wood Road bridge in May 2007 with completion in November 2007. The Town consented to moving this improvement to 2010 in the Construction Management Plan and there is an expectation by the Town that the work should commence next summer. Related WestPac maintains that there is no obligation except to the extent that the agreement specifies that the "...Developer may not obtain a certificate of occupancy for any of Buildings 5, 9AB or 9C in Phase 2B of the Project or for any building in any subsequent phase of the Project..." until the round-about is substantially completed. Staff believes that there is a technical default of the Funding Agreement in that required documents pursuant to the agreement were not provided in a timely manner. In addition, Building 13B (Viceroy Phase II)was permitted to move from Phase 3 and Construction Management Plan Amendments were approved by the Town with the expectation that the round-about would commence construction in 2010 to address anticipated traffic impacts associated with Base Village buildout. Wood Road Pursuant to the 2009 Construction Management Plan (CMP), the lower portion of Wood Road (Viceroy to Wood Road Bridge) should be repaired and resurfaced. There is a strong likelihood this will occur prior to any Viceroy opening. The Town has taken the position in the CMP that the rest of Wood road should be repaired to the Crestwood and completely refinished to Fanny Hill Cabins in 2010. RWP proposes to upgrade each segment of Wood Road only when future buildings along Wood Road come on-line. Wood Road progress should be reviewed as part of the 2010 construction management plan. Landscaping Staff has completed an inspection of landscaping in and around Brush Creek that Related planted in 2008. Staff wanted to complete the inspection in 2009 to assure that the vegetation survived the winter. Staff now sees multiple trees that are dying and shrubs that were not planted. The Town has not accepted the improvements. Related is currently working on the site to address landscaping deficiencies. Not completing the landscaping could also be a default in the Base Village Subdivision Improvement Agreement and staff would propose declaring a default if the landscaping is not completed and accepted by the Town. Financial Issues Attached is the detail of the current bills owed to the Town from Related. One of the bills is a commitment from Related to pay for civil/road work for the new Town Hall. This is not a base village fee but a bill we believe Related owes. The other associated fees do relate to Base Village. Below is a summary of the bills owed by Related West Pac. Summary Attorney Fees 100,677.50 Planning Fees 29,539.37 Building Fees 119,730.00 Occupancy Fee for Garage 232,297.35 Public Works Misc 16,919.94 Town Hall Access Road 130,000.00 Stream Resoration/Wood Rd $ 1,919.00 Finance Charges 4,227.19 Misc overpayment 650.00) Police Alarm Permits 5,600.00 Total 640,260.35 Staff is pursuing collection of all these bills. Placing liens on property for lack of payment on the bills is an action that could be taken. Withholding occupancy on the Viceroy until associated planning, legal, and building fees for the Base Village PUD are paid for could be an option staff will investigate. Operational The primary operational impact of the work stoppage at base village is not having the Transportation facility. Staff does not anticipate the facility being available for the 2009/2010-ski season even if Related receives financing approval in the next month. A concern of not having this facility is that employees of Viceroy using RFTA will walk along Brush Creek Road to Wood Road to gain access to the Hotel. In addition, guests coming to Base Village will not have RFTA service without interim building 7. Employee Housing There currently are five completed employee housing units in Base Village. Related has postponed selling them at this time. Staff believes that these units may be at-risk as restricted housing if Related continues to be unable to offer them for sale as there is the possibility that they can't clear liens or they become unavailable as a result of foreclosure. Unit Size COMPLETED UNITS SO. FT. Description Capital Peak Lodge B 3113 619 Studio/ 1 —bathroom Peak Lodge B#3115 739 1 —bedroom/ 1 —bathroom Capital Peak Lodge C 3025 481 Studio/ 1 —bathroom Capital Peak Lodge C 3027 471 Studio/ 1 —bathroom Capital Peak Lodge C 3033 1,154 1 2—bedroom /2—bathroom TOTAL: 3,464 The employee housing mitigation amount required for the buildings completed plus Building 13A is over 90,000 sq. ft.. Club Commons II and Sinclair Meadows, when completed, will provide approximately 79,000 sq. ft. leaving an 11,000 sq. ft. shortfall. Staff has confirmed that 8,360 sq. ft. of housing credits were acquired by Related from the Aspen Skiing Company at the time Base Village was purchased. Therefore, it is essential that these units be made available prior to any Certificate of Occupancy for Building 13A in order for the completed buildings to have been mitigated. Evidence that Related, or potential successors, have the ability to acquire the additional 30,571 sq. ft. of housing credits required by the Housing Agreement has never been provided to the Town. This remains a.serious concern. The inability of Related to ensure that the credits are readily available to satisfy future development in Base Village. For these and other technical reasons, it is staff's opinion that the Housing Agreement is in default. Risks Associated with BVO_ Type of Risk Ion d of Risk Value Errtorcement Comments Ph cial Public Infrastructure In the event of detault by the applicant, under the terms of the BV Subdivision Improvement Agreement no bulMng permit or certificate of occupancy shag be issued within Base Village until the default is corrected. Install Bollards and Create Wood Rd. Fire Access to Plaza Required try Fire Dept. Recfd prior to Bldg. 13B CofO Trail from BV through Uckenheanth to Benedict bell Easement Required Complete Summer, 2009. Coordinate M Uckenhearth 8 Stonebridge Condos. Wood Rd. Improvements: Ski Under Bridge to Lower Entrance to Famy Hill Road Degrades Further Public Works to RWP Proposes to Phase Work as Buildings Completed. Not financiallysecared by SIA due to releases but stiff required. No Complete Summer, 2010 Per CMP Cablm Determine trigger in PUD affecting timing to install. Negotiate Development Agrmt. W Security. Construct Wood RdJBrush Creek Road Round- about Public Safey/ VeNcle Circulation Impacts at RWP to PayAfler$ Notice of Default BV Funding Agreement Re- Negotiate Funding Agreement or Pursue Further Action Intersection 2M Wood Road Improvements to Building 13AB Driveway Road Degrades Further No Cof O for Building 13B( Viceroy) until Completed and Accepted by Town. Complete Summer, 2009. RWP Desires for Building 13B Landscaping Around Building 3ABC Visual Impact from Wood Road No Final CofO( Liquid Sky/Junk) Complete Summer, 2009 Snowmelt Wood Rd. Gare a Entrance Affects Garage Access Complete Summer. 2009 Environmental Maintenance of Silt Fencing Runoff into Brush Creak Inspect Periodically. Red Tag or Fine Project if not Maintained. Maintain Status of PM- 10 Monitor AlrOualiy Degradation Inspect Periodically. fled Tag or Fine Project If not Maintained. Must be Operational when Construction Ocurring or Prior to New Building Permits. Non- Compliance with Base Village PUD RWP Will Likely Seal Building 13B Garage Entrance and Provide landscapa/ Finish to Areas Visible from 13A( Viceroy). Seal& Provide reasonable finish to Bldg 13B Garage Entrance Visual Impact Confirm RWP Intentions. May Require Some Bldg 13B Landscaping in Conjunction with Building 13A Completion. RWP to RWP Will Likely Seal Building 13B Garage Entrance and Provide Landscape/ Finish to Submit Interim Plan for Review. Evaluate Visual Impacts From Surrounding Properties. No Cof O Until Aesthetic Solution Areas Visible from 13A( Viceroy). Completed. Completion of Building 13A( Viceroy) Failure to Open Will Affect Revenue up and Gro Meeting Opportunities Deed of Trust Insufficient to Secure Agreement Building 13A( Viceroy) Hotel Development Agreement Security Due to Pending UtigationfForedosure by $ 8M Send Notice of DefaulVCure. AltematNe Security Required. Construction of Conference Hotel in West village Not Required until April 15, 2017 Others RE: Collateral Parcal. Follov. p on Town Inspection Report Submitted To RWP. Do Not Accept for Operation B Maintenance until Corrected Town Final Review of Parcels E8 F Landscapingnlmgation( Town Property Town Assumes Responsibiliy, Upon Acceparxe May Need to Accept Less Than Fully Installed Landscaping to Preserve Existing Vegetation. Negotiate Development Agmt. Adjacent to Wood Road, Carriage Way Road and Brush Creek) W Securiy, Unless Completed for Acceptance This Summer. Send Warranty Claim Notice It Does Not Commerce Until Landscaping and Irrigation Accepted by Town. Transit Facility expected and Needed for Ski Interim Building 71- lransit Facility Season. By Transit Service will soon be Inadequate Affecting quality of service. 2Ma Enforce Development Agreement and Pursue Completion via Surety Bond Interim Building 7: Fagade Visual Impact I curs. Sale of5 Completed Employee Housing Units in Base Village Restricted Hewing Not Available Notice of Default BV Housing Agreement. Addltbnal Options May Include Requiring Sale of Units Prior to Bugling 13A Cof O. UUnnitts May Be At- Risk as Restricted Housing if RWP Can' t Clear Loins or Foreclosure Completion and Sale of Sinclair Meadows Employee Housing No Cof 0 for Building 13A( Viceroy) Until Project Completed Risks Associated with BVO T of Risk Impect of Risk 6Vafue Enforcement , _ Comments Financial GO does not generate enough money to operate Skittles Lift Impacts Tovm Bud et Town Fully Responsible Except During Ski Season No new land use applications will be accepted, building permit( s) issued or documents Fees Owed to Town As of8/ 2612009 Impacts Town Budget S 638, 341. 35 Pursue Legal Options to Collect recorded with the Pitkin County Cleric and Recorder until all costs associated with the processing of the land use applications to date have been paid. Fscal Impact Analysis( 2014) was based on build out. Build out Is now Affects REff, Sales Tax 8 Property Tax Fiscal Analysis to Determine Budget Impacts Transportation Department May Be Seriously Affected As BV Service Demands Increase stalled. Revenues Without Projected REff Revenue. Aesthetic ( incomplete buildings) Pmject Fencing Visual ImpacUPublic Safety Periodic Inspection 8 Notice to RWP. Red Tag Project if not in place. Project Clean- up Visual Impact/ Public Safety Periodic Inspection 8 Notice to RWP. Red Tag Project if not In place. Building interruption Landscape Plan( Recommended) Visual Impact INagotiate Interim Solution Should Pmject Stall Indefinately Opportunities Increased Traffic Beyond PUD Plan Limits Parking Structure Day Skier Parking on- fine.ine. Retaining Lot C Beyond Next Season Mora parking at Base Village- Do we still need lot C? Affecting Roadways& Wood Rmd/ Brmh Creek Conduct New Traffic Impact Analyst$ Of Base Village Development Interruption. Increases Bush Creek Road Traffic Impacts Beyond PUD Intentlona Road Intersection. Bankruptcy could bring land value down and facilitate a transfer toa new owners i Default on Fulfilling Obligations Affecting Vested Rights and Providing Opportunity to Ravish 2004 Agreements in light of Development Interruption. Other TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: July 6, 2009 Housing Enforcement Action The Town has taken a housing enforcement action on a violation in the Crossings neighborhood. The Town issued a show cause notice to the individual involved. This hearing was originally scheduled for July 6, 2009. The individual since receiving the notice has given the Housing Department a check and notice to sell the property in concern. If the sale of the property and resolution of the enforcement action is not resolved staff will reschedule the item for Council's consideration. Aspen School District Housing Proposal On July 6`", staff anticipates providing Council with an update on discussions to date on the School Districts proposal to develop an affordable housing project beside Anderson Ranch. Summary of Ongoing and Pending Strategic Actions Last Updated —June 30, 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 September 7, 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. No money is appropriated for this action. Housing Housing Lottery/ Committee has been formed, met, and August 2009 Department Guidelines received policy direction from council on priority actions to take. 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 August 3, 2009 Tax and its application Joe C Natural Disasters On 11/3 Council asked that staff further August 3, 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 Staff anticipates the Department Revenue projected revenue by: next budget update Reviewing projected occupancy and to occur with the yield in the next 4 months in 2010 budget Snowmass Village discussions Monitoring sales and lodging tax scheduled to occur in Regular communication with ski September 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 EnvironmenVSustainability 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 4th DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING JULY 20, 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: PLACE HOLDER POTENTIAL DISCUSSION WITH ASPEN SCHOOL DISTRICT BOARD ON EMPLOYEE HOUSING PROPOSAL Time: 30 minutes) Item No. 4: CONTINUATION OF PUBLIC HEARING AND SECOND READING ORDINANCE NO, 9, SERIES OF 2009 —SNOWMASS CHAPEL Time: 60 minutes) THE RE-ZONING TO 'MIXED-USE-1' (MU-1) TOGETHER WITH THE SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS TOGETHER WITH Item No. 5: RESOLUTION NO. 14, SERIES OF 2009 — SNOWMASS CHAPEL Time: 10 minutes) SUBDIVISION EXEMPTIONS INVOLVING LAND EXCHANGES AND A LOT LINE ADJUSTMENT BETWEEN LOT 1 OF THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION AND PARCEL 10 OF THE SNOWMASS CLUB P.U.D. SUBDIVISION TOGETHER WITH Item No. 6: RESOLUTION NO. 15, SERIES OF 2009 — SNOWMASS CHAPEL Time: 10 minutes) A FINAL RE-PLAT LOTS 1 AND 2 OF THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION, INCORPORATING THE 07-20-09tc Page 2 of 3 ASSOCIATED SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES AND A LOT LINE ADJUSTMENT BETWEEN LOT 1 AND PARCEL 10 OF THE SNOWMASS CLUB P.U.D. SUBDIVISION, TOGETHER WITH THE RE-PLAT OF LOT 2A OF THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION RE-PLAT A." ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Second Reading of Ordinance 9, Series of 2009, together with Resolution No. 14, Series of 2009 and Resolution No. 15, Series of 2009 Jim Wahlstrom ..................... Page (TAB -) Item No. 7: UPDATE FROM ASPEN SKIING COMPANY - SUMMER AND WINTER OPERATIONS Time: 30 minutes.) ACTION REQUESTED OF COUNCIL: Michael Kaplan & David Perry.. Page (TAB --) Item No. 8: WINTER 2009-2010 PARKING PLAN Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Review and give direction to staff. David Peckler .......................... Page (TAB --) Item No. 9: ARTS ADVISORY BOARD PRESENTATION AND DISCUSSION OF TOWN HALL SCULPTURE "TRANSPARENCY" Time: 45 minutes) ACTION REQUESTED OF COUNCIL: Jason Haber.............................. 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: Page (TAB--) Item No. 13: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No.14: ADJOURNMENT 07-20-09tc Page 3 of 3 NOTE: Total time estimated for meeting: Approximately 4 hours excluding items 1-3 and 11 —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. SNOWMASS VILLAGE REGULAR MEETING MINUTES MONDAY, APRIL 6, 2009 Mayor Boineau called to order the Regular Meeting of the Snowmass Village Town Council on Monday, April 6, 2009 at 3:03 p.m. Item No. 1 ROLL CALL - TOWN OF SNOWMASS VILLAGE TOWN COUNCIL COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin and Markey Butler. Mordkin arrived at 5:00 p:m. COUNCIL MEMBERS ABSENT: All Council Members were present STAFF PRESENT: Russ Forrest, Town Manager; John Dresser, Town Attorney; Chris Conrad, Planning Director; Jim Wahlstrom, Senior Planner; David Peckler, Transit Manager; Hunt Walker, Public Works Director; Rhonda B. Coxon, Town Clerk PUBLIC PRESENT: Mel Blumenthal, Gary Quist, Rachel R. Richards, David Reeves, Phyllis Mattis, Cindy Wickwire, Damian Smith, Claire Smith, Tom Goode, Terry Johnson, John Sennal, Jeremy Assalone, David Harris, Dan DiMaria, Erin Morse, Christine Brambach, Jeff Dahl, Steve Alldredge, Mak Keeling, John Mele and other members of the public interested in Today's agenda items. Item No. 2 ROLL CALL - BOARD OF COUNTY COMMISSIONERS The Pitkin County Commissioners joined Town Council for a joint meeting today. The BOCC attended as a Work Session, no roll call required. In attendance were Jack Hatfield, Patti Clapper, Mike Owsley, George Newman and Rachel Richards. Item No. 3 SNOWMASS VILLAGE TOWN COUNCIL AND PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS JOINT MEETING Mayor Boineau stated this is an annual meeting between the two Boards to discuss items of interest. 04-07-09 Page 2 of 9 Item No. 3A GENERAL ECONOMIC CONDITIONS General Economic Conditions Members of each Board spoke to the current economic conditions of which included sales tax, staffing levels, budget contingencies, replacement schedules, capital projects and future budget precautions. Health and Human Services was discussed at length due to the economic times. Other items of discussion included the reassessment of property, conditions of the roads including the failing of the ballot question pertaining to Pitkin County Roads and winter maintenance of Brush Creek Road. The Town Council noted they would like to have further discussion with Pitkin County in regards to the Town of Snowmass Village taking over maintenance only during the winter season. Mayor Boineau asked for a quick Airport update at this time. The Eagle Airport will be closed for a short period of time so the Aspen Airport will be gearing up to accommodate for this. Item No. 3B FREE WINTER RFTA SVC BETWEEN SNOWMASS VILLAGE -ASPEN The Snowmass Village Town Council is interested in year-round free bus service. This issue and Basalt to Aspen and Snowmass, along with the Snowmass Transit Center will all be issues hopefully on the April 16th agenda. BOCC thanked the Aspen Skiing Company for its efforts this past winter to integrate the free shuttles into the RFTA service. There was also mention of a Transit Symposium to look at all the pieces to be able to make long term decisions regarding transportation. Item No. 3C BRUSH CREEK TRAIL This item was requested by Town Council Member John Wilkinson. He is interested in changing the opening dates on Brush Creek Trail. The response was that Division of Wildlife would have to set the time frames that are best for the wildlife. It is hard to open one day and close the next, Commissioner Clapper suggested a letter to Open Space and Trails. There has been an amendment to the original opening and closing dates. Item No. 3D PUBLIC HEALTH REVITALIZATION ACT The BOCC reported there was a state bill passed last year called the Public Health Act Activities. At some point in the future the BOCC will be calling on Snowmass Village to have input on how the current services are working, how they may be improved and possibly a representative to serve on the Public Health Board. An area of concern is the cut in funds from the state in the Health Inspection area; an area that would benefit being run locally versus being run by the State. Item No. 3E WORKFORCE HOUSING Pitkin County staff has been directed by the BOCC to put together a plan to spend approximately 9 million dollars to house Pitkin County employees and 50 percent on 04-07-09 Page 3 of 9 providing community housing for the outreach program. At this time they are looking at every option that is available including partnering. Item No. 3F URBAN GROWTH BOUNDARY The Commissioners noted that Urban Growth Boundaries define urban use and outside of that is rural. In regards to housing issues it is important that each municipality define their "Urban Growth Boundary". The Town of Snowmass Village Comprehensive Plan speaks to areas of influence for annexation but not Urban Growth Boundaries. Snowmass Village should look at what potential growth it has. Non Agenda Items: The County inquired if Snowmass Village Elected Officials would be interested in participating with BOCC on some Incident Command Training. Pine Beatles were discussed and Commissioner Clapper spoke to some funding and grant opportunities for small projects. Commissioner Richards reminded everyone of the value of returning the Census form to get an accurate count affects many areas of funding such as schools, housing and population also determines our number of congressional seats. Commissioner Clapper reported on the plastic bag campaign with the Mountain Resorts. Item No. 3G ADJOURNMENT BOARD OF COMMISSIONERS MEETING At 4:19 p.m. the BOCC left the meeting and the Town Council took a break at this time. Item No. 4 PUBLIC NON-AGENDA ITEMS Dave Heivly a resident of Snowmass Village spoke to the current housing qualifications and it may be time to reconvene a Housing Committee to re-evaluate the restrictions. There are many residents within Snowmass Village that do not make nearly enough money for free market and do not fit into the income and asset guidelines for Snowmass Village deed restricted employee housing. Item No. 5 COUNCIL UPDATES Council Member Lewis invited the Business Community to the Mountain Chalet Thursday afternoon April 9, from 5:00 - 7:00 p.m. to learn about Rotary. Mayor Boineau would like to have an Economic Community Forum. Council Member Lewis stated there will be Merchants Meeting in the Town Council Chambers on Friday April 10, from 9:00 - 10:00 a.m. 04-07-09 Page 4 of 9 At 5:00 p.m. Council Member Mordkin arrived and recused himself from the Rodeo Place Phase II Alternatives discussion. Item No. 6 RODEO PLACE PHASE II ALTERNATIVE(S) Town Manager Russ Forrest asked that the Town Council direct staff on if, and how, to move forward with Phase II of the Rodeo Place Housing Project. On March 16th the Town Council was split between implementing the existing approved plan and a proposed alternative to add seven additional dwelling units to the project. In addition, several members of the Council expressed concern moving forward with either option in this uncertain economic housing market. Forrest stated he is requesting Council to direct staff to either complete the design of Phase II or, complete the design of Phase II per the Revised Exempt Plan (Option 2) and request bid for the construction of Phase II. Tom Goode resident of Snowmass Village felt there is a market out there and there is no need to rush into this project and lock in a contractor. Paul Fee a Snowmass Village resident spoke to economic reality and "rush to judgment". He also feels that the banks are not going to commit until dealing with the actual home owner and that the average buyer will have to have close to $80,000 for a down payment and the Town should require a strong commitment for a loan for each individual. Dan DiMaria A Snowmass Village resident and homeowner of a single family home in Rodeo Place thanked Bob Kaufman and Michael O'Connor for their accomplishments in Phase I. He also spoke in to the large number of Townhomes coming available within Snowmass Village which includes 21 Townhomes in Sinclair Meadows and the need for single family homes now and in the future. He suggests the Town look at an RO category. Council Comments: Council Member Markey Butler asked about the cost of the houses coming down, and she would like to ask if there is more opportunity for the cost of the homes to come down to minimize the Town's risk. She also inquired about the June 4th drop dead date. Council Member Wilkinson spoke to the history of the Crossings and the number of people that filled out surveys at the first open house was over 300 and for this project it was 31. He is very concerned about the demand, economic times and questions regarding phasing and the ability to stop and the costs affiliated. He feels we should put this phase on hold for now. Markey Butler made the motion to approve directing staff to moving forward with Phase II of the Rodeo Place Homes and spend up to $85,000. Reed Lewis seconded the motion. The motion was approved by a vote of 3 in favor to 1 opposed. 04-07-09 Page 5 of 9 Voting Aye: Mayor Bill Boineau, Reed Lewis, and Markey Butler. Voting Naye: and John Wilkinson. Town Council took a 5 minute break at this time. Item No. 7. COUNTRY CLUB TOWN HOMES-REQUEST BY DEED RESTRICTED HOMEOWNERS Dave Harris an owner at the Country Club Townhomes and representing the Deed Restricted owner who are all present at today's meeting. Harris provided two options from this group of homeowner. Option 1 stated the intent it to retain these units as viable "affordable employee" units then the Town should cover 100% o the cost of the renovation expense. We are currently within this figure with what has been budgeted by the Town if the renovation project comes in on budget. This would potentially keep the selling price within reach for the next deed-restricted owner. Once the resale value of these units has been increased how could it be adjusted back to an affordable range. In conjunction with maintaining a relatively affordable unit cost the issue of assessments needs to be addressed and/or regulated. The cost of assessments is an issue that the owners only expect to escalate in the future. Option 2 stated which the homeowners felt to be the solution would be for the Town to cover 100% of the cost of the renovation. Then, as the units become available, purchase them and in turn sell them as free market units. The Town would in turn loose valuable employee housing, but the homeowners feel that this is situation that will continue to require one band aid fix after another. They stated the potential financial benefit to the Town would certainly help fund many housing issues and projects. They see it as a win-win for both the Town and the Country Club Townhome deed restricted owners. Town Manager Russ Forrest spoke to the numbers of the original agreement which was 75% and no more than a $937,500 total. He also reviewed the challenges and discussion with the current HOA and stated this is an issue that is not going to go away and since these discussions other HOA of deed restricted housing have come forward. He cautioned the Council with spending money and setting precedence. Council Member Mordkin is not in favor of funding more money for this project and noted the homeowners need to come up with the money and pay the difference or sell the units to the Town. Council Member Lewis is not in favor of funding more money to this project and the Town should make some decisions about the future of the housing project. Mayor Bill Boineau made the motion to approve the payment of 100% versus the original 75% of the capitol assessment project, the motion died for a lack of a second. - 1 seconded the motion. 04-07-09 Page 6 of 9 Voting Aye: None. Voting Naye: None. Town Council took a 5 minute break at this time. Item No. 8 PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 04, SERIES OF 2009 - CONCERNING A MINOR PUD AMENDMENT AND REZONING REGARDING COUNTRY CLUB TOWNHOMES. At 7:15 p.m. Mayor Boineau opened the Public Hearing for public comment. Nevins stated Public Notice requirements have been met by the applicant. Council Member Wilkinson recused himself from this discussion due to a conflict of interest. Planner Bob Nevins stated the applicant's representatives gave a presentation to Town Council outlining the scope of the proposed project. To assist Council, Planning Commission's recommendations were included in the packet. In discussion with the Applicant and Staff, Town council raised the following questions: does the Floor Area Excise Tax (FAET) apply to multi-family units; are Community Purposes required; can impacts to the restricted units be minimized; why are there no "bump outs" proposed for the restricted units; how much larger can first floor decks expand as proposed; and is conversion of crawl space prohibited? He stated that Leslie Lamont, Jeff Dahl and David Myler representing the applicant were present to answer any questions the Town Council may have regarding this application and these issues. Reed Lewis made the motion to approve First Reading of Ordinance No. 4, Series of 2009 Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Arnold Mordkin made the motion to amend Ordinance No. 4, Series of 2009 by putting the Ordinance in the affirmative and by revising the language in lines 162 to 165 per Council discussion. Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Mayor Boineau continued the Public Hearing to Regular Town Council Meeting on April 20th, 2009. 04-07-09 Page 7 of 9 Town Council took a 5 minute break at this time. Item No. 9 FIRST READING OF ORDINANCE NO. 05, SERIES OF 2009- CONCERNING A MINOR PUD AMENDMENT FOR Senior Planner Jim Wahlstrom stated that during the recent review of the Building 8 Minor PUD Amendment pursuant to Ordinance No. 2, Series of 2009, the applicant proposed a development agreement to ensure Town decision makers of a timely completion for Building 7 as a whole together with the completion of interim vertical circulation connections between the transit level and the village level by November 2009. The application for Building 7 includes a copy of the development agreement and exhibits. Related WestPac representatives Scott Stenman and Dwayne Romero along with architect T. Michael Manchester were present and provided a PowerPoint presentation to address some of the core issues that staff asked to be addressed. Some of the issues to be discussed had to do with Pedestrian Circulation, Traffic Impacts, Parking Management Plan, Interim Building Facade, Grading, Interim Landscape Plan, Fencing/Gates and Timing/Phasing. At this time the Town Council reviewed the Ordinance page by page and made appropriate language changes. Arnold Mordkin made the motion to amend the Ordinance John Wilkinson seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Voting Aye: Arnold Mordkin, John Wilkinson, Markey Butler, and Mayor Bill Boineau. Voting Naye: and Reed Lewis. Use the amendments vote Kay Honigman Singer a resident of Snowmass Village spoke to past false promises of the previous and current owner of Base Village and asked that the Town Council stand up for the people of the Village. Arnold Mordkin made the motion to approve First Reading of Ordinance No. 5, Series of 2009 Interim Building 7 Markey Butler seconded the motion. The motion was approved by a vote of 4 in favor to 1 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Arnold Mordkin, and Markey Butler. Voting Naye: and Reed Lewis. Town Council took a 5 minute break at this time. 04-07-09 Page 8 of 9 Item No.10 DISCUSSION - CONSTRUCTION MANAGEMENT PLAN Planning Director Chris Conrad stated the purpose for this meeting is to review the application, pursuant to Municipal Code Section 16A-5-250, Administrative Modifications, for the proposed 2009 Base Village CMP and Phasing amendments. The applicants purpose of the administrative modification application is to "update the CMP due to the inherent changes associated with a lengthy construction project as certain refinements and modifications have been made to the schedule and the narrative to reflect the latest Town Ordinance No. 12, Series of 2007 (CCIMP) and to reflect the Applicants latest thinking based on speed of construction weighed against community impact." Staff has included a summary of the changes in detail in the attached Record of Decision and provided Town Council with a list of some core issue concerns and potential discussion topics. Dwayne Romero, Scott Stenman and Jim D'Agastino from Related WestPac were in attendance. Romero thanked the Town Council for their understanding in the decision to shut down Building 8 due to the lack of construction financing. At this time staff, Council and the applicant discussed the issues of concern. Mel Blumenthal a part time resident of Snowmass Village spoke to the agreement of resurfacing Wood Road and he feels it was in 2010 but asked that staff verify this information. Arnold Mordkin made the motion to postpone Construction Management Plan and Item 11 through Item 16 to the next Regular Meeting of the Snowmass Village Town Council on April 20th, 2009. John Wilkinson seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. Item No. 11 COMP PLAN REVIEW Continued to April 20th Item No. 12 CONSTRUCTION UPDATE Continued to April 20th Item No. 13 MANAGER'S REPORT Continued to April 20th Item No. 14 AGENDA FOR NEXT TOWN COUNCIL MEETING 04-07-09 Page 9 of 9 Town Council discussed. Item No. 15 APPROVAL OF MEETING MINUTES FOR November 17, 2008 AND March 2, 2009 Continued to April 20th Item No. 16 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Continued to April 20th Item No. 17 ADJOURNMENT OF TOWN COUNCIL MEETING Arnold Mordkin made the motion to adjourn Mayor Bill Boineau seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Mayor Bill Boineau, John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. Voting Naye: None. At 10:14 p.m. The Town Council adjourned the Regular Meeting of the Snowmass Village Town Council on April 6th, 2009. Submitted By, Rhonda B. Coxon, Town Clerk FSun Mon Tue Wed Thu Fri Sat 1 2 3 4 Town Offices 4T" OF JULY Closed in celebration of Independence Day! 5 6 7 8 9 10 11 Town Council Meeting 4:00 p.m. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Town Council Meeting 4:00 p.m. 26 27 28 29 30 31 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 Town Council Meeting 4:00 p.m. 9 10 11 12 13 14 15 Town Picnic REC CTR 4:00 — 7:00 pm 16 17 18 19 20 21 22 Town Council Meeting 4:00 p.m. 23 24 25 26 27 28 29 30 31 1 ICS Resource Information and Checklists for Executives/Senior Officials Incident Command System (ICS) ICS was developed in the 1970s following a series of catastrophic fires in California's urban interface. Property damage ran into the millions, and many people died or were injured. The personnel assigned to determine the causes of these outcomes studied the case histories and discovered that response problems could rarely be attributed to lack of resources or failure of tactics. Surprisingly, studies found that response problems were far more likely to result from inadequate management than from any other single reason. The Incident Command System: Is a standardized management tool for meeting the demands of small or large emergency or nonemergency situations. Represents "best practices' and has become the standard for emergency management across the country. May be used for planned events, natural disasters, and acts of terrorism. Is a key feature of the National Incident Management System (NIMS). As stated in NIMS, "The ICS is a management system designed to enable effective and efficient domestic incident management by integrating a combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to enable effective and efficient domestic incident management. A basic premise of ICS is that it is widely applicable. It is used to organize both near-term and long-term field-level operations for a broad spectrum of emergencies, from small to complex incidents, both natural and manmade. ICS is used by all levels of government—Federal, State, local, and tribal—as well as by many private-sector and nongovernmental organizations. ICS is also applicable across disciplines. It is normally structured to facilitate activities in five major functional areas: command, operations, planning, logistics, and finance and administration." ICS and Executives/Senior Officials: Frequently Asked Questions Any incident can have a mix of political, economic, social, environmental, and cost implications with potentially serious long-term effects. Also, more and more incidents are multiagency and/or multijurisdictional. As the Executive or Senior Official, you need to be aware of how ICS and interagency (regional) multiagency coordination systems can work to ensure cooperative response efforts. How do I maintain control when an incident occurs? As the Executive or Senior Official, you establish the overall policy, and provide guidelines on priorities, objectives, and constraints to a qualified Incident Commander. In many agencies, this is done as a matter of policy through a written delegation of authority. Where do I fit in the incident management process? ICS has a welt-defined hierarchy of command. After you have clearly articulated the policy you wish followed and delegated certain authorities, the Incident Commander who reports to you will have the necessary authority and guidance to manage the incident. The Incident Commander is the primary person in charge at the incident. In addition to managing the incident scene, he or she is responsible to keep you informed and up to date on all important matters pertaining to the incident. Your continuing role is to ensure that you are informed and that your Incident Commander is functioning in a responsible manner. May 2006 ICS-401: ICS Overview for Executives/Senior Officials Page 1 lcs Resource Information and Checklists for Executives/Senior Officials ICS Features (Continued) Transfer of Command: The command function must be clearly established from the beginning of an incident. When command is transferred, the process must include a briefing that captures all essential information for continuing safe and effective operations. Accountability: Effective accountability at all jurisdictional levels and within individual functional areas during incident operations is essential. To that end, the following principles must be adhered to: Check-In: All responders, regardless of agency affiliation, must report in to receive an assignment in accordance with the procedures established by the Incident Commander. Incident Action Plan: Response operations must be directed and coordinated as outlined in the IAP. Unity of Command: Each individual involved in incident operations will be assigned to only one supervisor, Span of Control: Supervisors must be able to adequately supervise and control their subordinates, as well as communicate with and manage all resources under their supervision. Resource Tracking: Supervisors must record and report resource status changes as they occur. Deployment: Personnel and equipment should respond only when requested or when dispatched by an appropriate authority. Position Titles At each level within the ICS organization, individuals with primary responsibility positions have distinct titles. Titles provide a common standard for all users. For example, if one agency uses the title Branch Chief, another Branch Manager, etc., this lack of consistency can cause confusion at the incident. The use of distinct titles for ICS positions allows for filling ICS positions with the most qualified individuals rather than by seniority. Standardized position titles are useful when requesting qualified personnel. For example, in deploying personnel, it is important to know if the positions needed are Unit Leaders, clerks, etc. Listed below are the standard ICS titles: Organizational*Level Title Support Position Incident Command Incident Commander Deputy Command Staff Officer Assistant General Staff(Section) Chief Deputy Branch Director Deputy Division/Group Supervisor N/A Unit Leader Manager Strike Team/Task Force Leader Single Resource Boss May 2006 ICS-401: ICS Overview for Executives/Senior Officials Page 3 ICs Resource Information and Checklists for Executives/Senior Officials Overall Organizational Functions ICS was designed by identifying the primary activities or functions necessary to effectively respond to incidents. Analyses of incident reports and review of military organizations were all used in ICS development. These analyses identified the primary needs of incidents. As incidents became more complex, difficult, and expensive, the need for an organizational manager became more evident. Thus in ICS, and especially in larger incidents, the Incident Commander manages the organization and not the incident. In addition to the Command function, other desired functions and activities were: To delegate authority and to provide a separate organizational level within the ICS structure with sole responsibility for the tactical direction and control of resources. To provide logistical support to the incident organization. To provide planning services for both current and future activities. To provide cost assessment, time recording, and procurement control necessary to support the incident and the managing of claims. To promptly and effectively interact with the media, and provide informational services for the incident, involved agencies, and the public. To provide a safe operating environment within all parts of the incident organization. To ensure that assisting and cooperating agencies' needs are met, and to see that they are used in an effective manner. Incident Commander The Incident Commander is technically not a part of either the General or Command staff. The Incident Commander is responsible for overall incident management, including: Ensuring clear authority and knowledge of agency policy. Ensuring incident safety. Establishing an Incident Command Post. Obtaining a briefing from the prior Incident Commander and/or assessing the situation. Establishing immediate priorities. Determining incident objectives and strategy(ies) to be followed. Establishing the level of organization needed, and continuously monitoring the operation and effectiveness of that organization. Managing planning meetings as required. Approving and implementing the Incident Action Plan. Coordinating the activities of the Command and General Staffs. Approving requests for additional resources or for the release of resources. Approving the use of students, volunteers, and auxiliary personnel. Authorizing the release of information to the news media. Ordering demobilization of the incident when appropriate. Ensuring incident after-action reports are complete. May 2006 ICS-401: ICS Overview for Executives/Senior Officials Page 5 Ics Resource Information and Checklists for Executives/Senior Officials Command Staff Responsibilities Public Information The Public Information Officer is responsible for interfacing with the public and Officer media and/or with other agencies with incident-related information requirements. The Public Information Officer develops accurate and complete information on the incident's cause, size, and current situation; resources committed; and other matters of general interest for both internal and external consumption. The Public Information Officer may also perform a key public information-monitoring role. Only one incident Public Information Officer should be designated. Assistants may be assigned from other agencies or departments involved. The Incident Commander must approve the release of all incident-related information. Safety Officer The Safety Officer monitors incident operations and advises the Incident Commander on all matters relating to operational safety, including the health and safety of emergency responder personnel. The ultimate responsibility for the safe conduct of incident management operations rests with the Incident Commander or Unified Command and supervisors at all levels of incident management. The Safety Officer is, in turn, responsible to the Incident Commander for the set of systems and procedures necessary to ensure ongoing assessment of hazardous environments, coordination of multiagency safety efforts, and implementation of measures to promote emergency responder safety, as well as the general safety of incident operations. The Safety Officer has emergency authority to stop and/or prevent unsafe acts during incident operations. In a Unified Command structure, a single Safety Officer should be designated, in spite of the fact that multiple jurisdictions and/or functional agencies may be involved. The Safety Officer must also ensure the coordination of safety management functions and issues across jurisdictions, across functional agencies, and with private-sector and nongovernmental organizations. Liaison Officer The Liaison Officer is the point of contact for representatives of other governmental agencies, nongovernmental organizations, and/or private entities. In either a single or Unified Command structure, representatives from assisting or cooperating agencies and organizations coordinate through the Liaison Officer. Agency and/or organizational representatives assigned to an incident must have the authority to speak for their parent agencies and/or organizations on all matters, following appropriate consultations with their agency leadership. Assistants and personnel from other agencies or organizations (public or private) involved in incident management activities may be assigned to the Liaison Officer to facilitate coordination. Assistants In the context of large or complex incidents, Command Staff members may need one or more assistants to help manage their workloads. Each Command Staff member is responsible for organizing his or her assistants for maximum efficiency. Additional Command Additional Command Staff positions may also be necessary depending on the Staff nature and location(s) of the incident, and/or specific requirements established by the Incident Commander. For example, a Legal Counsel may be assigned directly to the Command Staff to advise the Incident Commander on legal matters, such as emergency proclamations, legality of evacuation orders, and legal rights and restrictions pertaining to media access. Similarly, a Medical Advisor may be designated and assigned directly to the Command Staff to provide advice and recommendations to the Incident Commander in the context of incidents involving medical and mental health services, mass casualty, acute care, vector control, epidemiology, and/or mass prophylaxis considerations, particularly in the response to a bioterrorism event. Source: NIMS May 2006 ICS-401: ICS Overview for Executives/Senior Officials Page 7 ICs Resource Information and Checklists for Executives/Senior Officials General Staff Responsibilities Logistics Section The Logistics Section Chief provides all incident support needs with the Chief exception of logistics support to air operations. The Logistics Section is responsible for providing: Facilities Transportation Communications Supplies Equipment maintenance and fueling Food services (for responders) Medical services (for responders) All off-incident resources Major responsibilities of the Logistics Section Chief are to: Manage all incident logistics. Provide logistical input to the Incident Commander in preparing the Incident Action Plan. Brief Logistics Branch Directors and Unit Leaders as needed. Identify anticipated and known incident service and support requirements. Request additional resources, as needed. Develop, as required, the Communications, Medical, and Traffic Plans. Oversee demobilization of the Logistics Section. Finance/ The Finance/Administration Section Chief is responsible for managing all Administration financial aspects of an incident. Not all incidents will require a Section Chief Finance/Administration Section. Only when the involved agencies have a specific need for finance services will the Section be activated. Major responsibilities of the Finance/Administration Section Chief are to: Manage all financial aspects of an incident. Provide financial and cost analysis information as requested. Ensure compensation and claims functions are being addressed relative to the incident. Gather pertinent information from briefings with responsible agencies. Develop an operating plan for the Finance/Administration Section; fill Section supply and support needs. Determine need to set up and operate an incident commissary. Meet with assisting and cooperating agency representatives as needed. Maintain daily contact with agency(ies)administrative headquarters on finance matters. Ensure that all personnel and equipment time records are accurately completed and transmitted to home agencies, according to policy. Provide financial input for demobilization planning. Ensure that all obligation documents initiated at the incident are properly prepared and completed. Brief agency administrative personnel on all incident-related financial issues needing attention or followu . May 2006 ICS-401: ICS Overview for Executives/Senior Officials Page 9 ICS Resource Information and Checklists for Executives/Senior Officials Information and Intelligence The analysis and sharing of information and intelligence are important elements of ICS. In this context, intelligence includes not only national security or other types of classified information but also other operational information, such as risk assessments, medical intelligence (i.e., surveillance), weather information, geospatial data, structural designs, toxic contaminant levels, and utilities and public works data, that may come from a variety of different sources. Traditionally, information and intelligence functions are located in the Planning Section. However, in exceptional situations, the Incident Commander may need to assign the information and intelligence functions to other parts of the ICS organization. In any case, information and intelligence must be appropriately analyzed and shared with personnel, designated by the Incident Commander, who have proper clearance and a "need to know"to ensure that they support decisionmaking. The information and intelligence function may be organized in one of the following ways: Within the Command Staff: This option may be most appropriate in incidents with little need for tactical or classified intelligence and in which incident-related intelligence is provided by supporting agency representatives, through real-time reach-back capabilities. As a Unit Within the Planning Section: This option may be most appropriate in an incident with some need for tactical intelligence and when no law enforcement entity is a member of the Unified Command. As a Branch Within the Operations Section: This option may be most appropriate in incidents with a high need for tactical intelligence (particularly classified intelligence)and when law enforcement is a member of the Unified Command. As a Separate General Staff Section: This option may be most appropriate when an incident is heavily influenced by intelligence factors or when there is a need to manage and/or analyze a large volume of classified or highly sensitive intelligence or information. This option is particularly relevant to a terrorism incident, for which intelligence plays a crucial role throughout the incident life-cycle. Regardless of how it is organized, the information and intelligence function is also responsible for developing, conducting, and managing information-related security plans and operations as directed by the Incident Action.Plan. These can include information security and operational security activities, as well as the complex task of ensuring that sensitive information of all types (e.g., classified information, sensitive law enforcement information, proprietary and personal information, or export-controlled information) is handled in a way that not only safeguards the information but also ensures that it gets to those who need access to it so that they can effectively and safely conduct their missions. The information and intelligence function also has the responsibility for coordinating information- and . operational-security matters with public awareness activities that fall under the responsibility of the Public Information Officer, particularly where such public awareness activities may affect information or operations security May 2006 ICS-401: ICS Overview for Executives/Senior Officials Page 11 ICS Officials Planning Process It was recognized early in the development of the ICS that the critical factor of adequate planning for incident operations was often overlooked or not given enough emphasis. This resulted in poor use of resources, inappropriate strategies and tactics, safety problems, higher incident costs, and lower effectiveness. Those involved in the original ICS development felt that there was a need to develop a simple but thorough process for planning that could be utilized for both smaller, short-term incidents and events, and for longer, more complex incident planning. The planning process may begin with the scheduling of a planned event, the identification of a credible threat, or the initial response to an actual or impending event. The process continues with the implementation of the formalized steps and staffing required to develop a written Incident Action Plan (IAP). The primary phases of the planning process are essentially the same for the Incident Commander who develops the initial plan, for the Incident Commander and Operations Section Chief revising the initial plan for extended operations, and for the incident management team developing a formal IAP, each following a similar process. During the initial stages of incident management, planners must develop a simple plan that can be communicated through concise oral briefings. Frequently, this plan must be developed very quickly and with incomplete situation information. As the incident management effort evolves over time, additional lead time, staff, information systems, and technologies enable more detailed planning and cataloging of events and "lessons learned." Planning involves: Evaluating the situation. Developing incident objectives. Selecting a strategy. Deciding which resources should be used to achieve the objectives in the safest, most efficient and cost-effective manner. FinancelAdmin: Command: Develops Procures and pays incident objectives and for the resources. approves resource orders ncident Reports costs. and demobilization. Commander Operations Planning Logistics FinancelAdmin Saction Section Section section Operations: identifies,Planning: Tracks Logistics: Orders assigns, and supervises resources and resources. the resources needed to identifies resource accomplish the incident shortages. objectives. Caption: Organizational chart showing that Command develops the objectives and approves resource orders and demobilization. Operations identifies, assigns, and supervises the resources needed to accomplish the incident objectives. Planning tracks resources and identifies shortages. Logistics orders resources, and Finance/Administration procures and pays for the resources. May 2006 ICS-401: ICS Overview for Executives/Senior Officials Page 13 Ics Resource Information and Checklists for Executives/Senior Officials Incident Types Incidents may be typed in order to make decisions about resource requirements. Incident types are based on the following five levels of complexity. (Source: U.S. Fire Administration) Type 5 The incident can be handled with one or two single resources with up to six personnel. Command and General Staff positions (other than the Incident Commander)are not activated. No written IAP is required. The incident is typically contained within an hour or two after resources arrive on scene. Examples include a vehicle fire, an injured person, or a police traffic stop. Type 4 Command Staff and General Staff functions are activated only if needed. Several resources are required to mitigate the incident, including a Task Force or Strike Team. The incident is typically contained within one operational period in the control phase, usually within a few hours after resources arrive on scene. The agency administrator may have briefings, and ensure the complexity analysis and delegation of authority are updated. No written IAP is required, but a documented operational briefing will be completed for all incoming resources. Examples may include a major structure fire, a multi-vehicle crash with multiple patients, an armed robbery, or a small hazmat spill. Type 3 When capabilities exceed initial attack, the appropriate ICS positions should be added to match the complexity of the incident. Some or all of the Command and General Staff positions may be activated, as well as Division/Group Supervisor and/or Unit Leader level positions. A Type 3 Incident Management Team (IMT) or incident command organization manages initial action incidents with a significant number of resources, an extended attack incident until containment/control is achieved, or an expanding incident until transition to a Type 1 or 2 IMT. The incident typically extends into multiple operational periods. A written IAP is typically required for each operational period. Examples include a tornado touchdown, earthquake, flood, or multi-day hostage/standoff situation. Type 2 When the incident extends beyond the capabilities for local control and the incident is expected to go into multiple operational periods. A Type 2 incident may require the response of resources out of area, including regional and/or national resources to effectively manage the operations, Command and General staffing. Most or all of the Command and General Staff positions are filled A written IAP is required for each operational period Many of the functional units are needed and staffed Operations personnel normally do not exceed 200 per operational period and total incident personnel do not exceed 500 (guidelines only) The agency administrator is responsible for the incident complexity analysis, agency administrator briefings, and the written delegation of authority Type 1 This type of incident is the most complex, requiring national resources to safely and effectively manage and operate. All Command and General Staff positions are'activated Operations personnel often exceed 500 per operational period and total personnel will usually exceed 1000 Branches may need to be established The agency administrator will have briefings, and ensure that the complexity analysis and delegation of authority are updated Use of resource advisors at the incident base is recommended There is a high impact on the local jurisdiction, requiring additional staff for office administrative and support functions May 2006 ICS-401: ICS Overview for Executives/Senior Officials Page 15 Ics Resource Information and Checklists for Executives/Senior Officials ICS Incident Checklist The following checklist is designed to assist Executives and Senior Officials in supporting an emergency response. The checklist is divided into Immediate Actions, Legal, Political, Operational, and Public Information. Immediate Actions Begin personal log. The log should include all information and orders given, will document the amount of information you had when making decisions, and will assist in protecting you if liability issues are raised concerning your role in the incident. Assign and brief/establish contact with the Incident Commander. Assign staff to assist in the incident as requested by the Incident Commander or Logistics. Determine when the initial planning meeting is scheduled. Confirm which parts of the Emergency Operations Plan (EOP) are in effect. Contact and brief higher level authorities/stakeholders. Legal Review and activate legal authorities: Emergency declarations Evacuation orders Lines of succession Mutual aid agreements Price controls Procurement processes Other restrictions/requirements Political Provide leadership oversight of incident management policies and objectives, Assist in coordinating activities with elected officials and other levels of government. Operational Assess the impact of the incident on the continuity of your jurisdiction's day-to-day activities. Reassign personnel to support incident activities and cover essential services. Public Information Assign Public Information Officers (PIOs) to assist in incident information management. Direct requests for incident information to incident PIO using the Joint Information System. Coordinate messages through the Joint Information Center/Joint Information System. May 2006 ICS-401: ICS Overview for Executives/Senior Officials Page 17 ICs Officials Delegation of Authority As of hrs, 2006, I have delegated the authority and responsibility for the complete management of the Incident to the Incident Commander As Incident Corrunander, you are accountable to me for the overall management of this incident including control and return to local forces. I expect you to adhere to relevant and applicable laws, policies, and professional standards. My considerations for management of the incident are: 1. Provide for responder and public safety. 2. Incident stability. 3. Preservation of property. 4. Manage the incident cost-effectively for the values at risk. 5. Provide training opportunities for less experienced responders. This will strengthen organizational capabilities of local area fire agency personnel. 6. Provide for minimal disruption of access to critical community services and commerce. Access must be consistent with the safety of the public. 7. Coordinate with and the State for use of their resources, as needed, and incorporate them into the overall incident plan. 8. The media will be escorted whenever possible. Media cards will identify members of the media. 9. Initial attack on new starts will be the responsibility of the Incident Management Team within a 10 mile radius of the incident. Agency Administrator Date 0 May 2006 ICS401: ICS Overview for ExecutiveslSenior Officials Page 19