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07-20-09 Town Council Packet (2)OR i6i+/A TOWN COUNCIL AACk,=i- SNOWMASS TVILLAGE O 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 4:30 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: REQUEST TO APPROPRIATE $50,000 FROM MARKETING RESERVE FOR INCREMENTAL EVENTS FOR SUMMER SEASON Beth Albert......................Page 1 (TAB A) Item No. 5: UPDATE FROM ASPEN SKIING COMPANY - SUMMER AND WINTER OPERATIONS Time: 45 minutes.) ACTION REQUESTED OF COUNCIL: Michael Kaplan & David Perry, (No packet info.) Item No. 6: WINTER 2009-2010 PARKING PLAN Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Review and give direction to staff. David Peckler ..........................Page 6 (TAB B) Item No. 7: 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 Jim Wahlstrom ......................Page 18 (TAB C) Together with" 07-20-09tc Page 2 of 3 Item No. 8: 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 Jim Wahlstrom ......................Page 182 (TAB D) Together with" Item No. 9: 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 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 190 (TAB E) Item No. 10: CONTINUATION OF PUBLIC HEARING, DISCUSSION AND RESOLUTION NO. 18, SERIES OF 2009: Consideration of accepting an amendment submitted June 29, 2009, for subsequent referral, review and action, to the previously submitted re-zoning to Multi-Family' (MF) and a revised Minor Preliminary Planned Unit Development and Amendment regarding the proposed Snowmass Club Circle development project. ACTION REQUESTED OF COUNCIL: Consider whether to accept the applicant's amendment for subsequent referral, review and action. Jim Wahlstrom .......................Page 201 (TAB F) Item No. 11: MANAGER'S REPORT Time: 10 minutes) Russell Forrest ..........................Page 229 (TAB G) Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 232 (TAB H) 07-20-09tc Page 3 of 3 Item No. 13: APPROVAL OF MEETING MINUTES FOR: MAY 18. 2009 Page 235 (TAB 1) Item No. 14: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 250 (TAB J) Item No. 15: ADJOURNMENT 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. MEMORANDUM TO: Snowmass Village Town Council FROM: TOSV Marketing, Special Events & Group Sales Department DATE: JULY 20, 2009 SUBJECT: RESERVE USAGE REQUEST STAFF: Susan Hamley, Tourism Director Presented by Beth Albert, Sr. Marketing Manager I.PURPOSE: Working within a 20% reduced budget for the year meant making strategic decisions regarding what to cut. Events which don't tend to bring visitors to town for overnight stays were reduced in the process, and the popular Thursday Night concerts remained; reduced from nine to six. Snowmass Village merchants expressed concern about not having enough activities to help them get through this tough summer. As soon as the Marketing department was informed there were concerns, we invited all mall and base merchants to a meeting on June 26. We listened to their concerns and brainstormed ideas together to increase vitality as well as promotions with the potential to bring more people to Snowmass to shop and dine here this summer. The Marketing department captured the ideas and went to work identifying feasibility and costs. A follow-up meeting was held with merchants on July 8 to share a draft plan, get consensus on what resonated most among the group with appropriate balance in type of establishment and geography, and then finalized a plan based on that input. To avoid diluting the approved budget, of which winter marketing is $100K less than prior year and critical to the health of our most profitable season, we request tapping into the Marketing Reserve to execute a balanced merchant- and node-based plan. The Reserve is $316K (10% of sales tax revenue) set aside for a rainy day, and it seems to be raining. Using $50K of the Reserve at this time would leave $266K in the Reserve, seemingly a reasonable enough number to help weather future storms. II.DISCUSION ITEMS An events & activities plan on how the $50K will be spent is attached. The Marketing Board held a Special Meeting on Friday, June 10. They deemed it necessary to utilize the Reserve and approved this plan. The request is now with Council to appropriate this funding. III. ACTION REQUESTED OF COUNCIL Proposed Options Include: Approve the use of$50K from the Marketing budget's Reserve. Approve the use of something less than $50K from the Marketing budget's Reserve. Deny the use of$50K from the Marketing budget's Reserve. IV. STAFF RECOMMENDATIONS AND FINDINGS Approve the request to appropriate $50K from the Marketing budget's Reserve to implement the attached summer events and activities plan this summer. Thank you. Snowmass Tourism I ATTACHMENT A Summer 2009 Events & Activities For Merchants As of July 10, 2009 Event/ Activity Timing Organizer( s) Status/ Comments Chili Pepper& Brew Fest F- S, June 5. 6 Snowmass Tourism DONE Thursday Night Concerts July 2, 9, 16, 23, Snowmass Tourism Free; Ongoing 30 and Aug 6 Family S ing- A- Longs/ Storytel lin Every Wed Snowmass Tourism Free, Ongoing Kids Krafts Every Thu Snowmass Tourism Free, Ongoing Treehouse Kids Adventure Center M- F all summer Skico Pay- to- play; Possible two hour program to drop off kids while parents shop? Savor Snowmass 3K S, July 11 Snowmass Tourism Food sampling; cooking demos; Aspen Music School students; magic; bouncy house; kids contests; face painting; etc. Promotion in lay. Snowmass Skateboard Open Snowmass Rec Center Snowmass Sand Volleyball Tournament F- Sn Jul 3I— Aug 1 Snowmass Rec Center Blast the Mass Mountainbike Race F- Sn, Aug 7- 9 Snowmass Tourism Anderson Ranch Arts Auction S, Aug 8 Anderson Ranch Mountain Masterpieces Arts Fair S- Sn, Aug 15- I6 Snowmass Tourism Free NEW: Up With People S, Aug 15 Snowmass Tourism coordinate w/ Producer Aspen/ Snowmass Ride For The Cure S, Aug 22 Snowmass Tourism Got it moved from Aspen to Snowmass! coordinate with A/ S Komen Foundation Jazz Aspen Snowmass Labor Day Weekend F- Sn, Sept 5- 7 JAS Oktoberfest S, Set 12 Snowmass Tourism Free Balloon Fest F- Sn, Set 18- 20 Snowmass Tourism Free Snowmass Wine Fest S, Set 19 Snowmass Rotary 12 Hours of Snowmass S, Set 12 Aspen Youth Free Saturdays are Family Days in Snowmass 5K/ day= S, July 7- 18, 25 Snowmass Tourism Free; Produce" How To Do Snowmass" tool 25K Aug 1, 8, 15 for families to let them know how easy it is to come here; package free activities from parking to trails by age/ level and affordable things; distribute to day cares, camps and other places kids program activities different than the usual Valley entertainment and vary them each week. Event/ Activity Timing Organizer( s) Status/ Comments Do more Thursday night concerts S20K ea Snowmass Tourism Note: Base village is doing local bands the two Thursda s after[ he Series ends Bring in street artists. 1K prizes End Aug Snowmass Tourism Working on sidewalk chalk artists competition Merchants do trunk shows on Thursdays 0 Weekly Merchants before concerts. Promote from stage. Bring back Theater in the Park performances. Contacted several times inspring; no interest Create a " Learn How To Vacation In Your TBD Mrktg Own Town" collateral piece. Organize a fashion show; align with a cause. $ 1K TBD Retailers to organize; support provided Do a Farmer' s Market Mon, Tue or Wed. Note: Farmers and Valley are saturated Organize a Merchants Cup Golf Tournament. Do another` massopoly' with a different V7K-$ 10K Winter 09/ 10 Snowmass Tourism Do winter when more people are here. name. Perhaps" bingo." Doesn' t incent spend, more for employee awareness. Use base village cement slabs for parking. Request for Council Do more food events, i.e. Rib Cook Off in late Summer 2010 Snowmass Tourism Will start working on the concept in August; July( contest like Chili Pepper& Brew Fest). keep trying to get existing events to come here versus doing them ourselves Run the Village Express or Gondola rather than SkiCo Met with SkiCo re: 6- pack this summer. Burlingame to attract more mountain bikers. They' re evaluating feasibility. Move quicker on being known as" the" SkiCo& Snowmass Working on a biz plan for a mountain bike mountain bike resort like Winter Park( who Tourism mecca designation to share with SkiCo, i.e. worked on this for more than three years). infrastructure, learning, new trails( easy), etc. SkiCo already completed a feasibility study. Committee being assembled. Run the Village Express on one weekend this Up to$ 4K Aug 1- 2 Snowmass Tourism Requested feasibility from SkiCo; Promote summer. Promote it as a Big Mountain all the things to do on the mountain from the weekend on social sites targeted audiences lift to biking, hiking, bird watching, frequent, including a lodging special to wildflowers, disc golf, picnic, geocaching, etc. encourage stays. Market to target audiences to help them get the best experience, i.e. downhillers to the top, hikers to mid- way, Snowmass ambassadors to ride with them on Government Trail etc.; possible demo Geocaching Contest- Use a GPS for a treasures $ 100- 700 Activity: July Snowmass Tourism 4 exist for 81615; can link for free. trek on the mountain. There' s big online per device; following, g Contest: Big Can' t o off USFS trail so not too exciting; g maybe can pull from Front Range. labor Mountain W- end check wBlazin and do groups. Don' t run the skittles 7 days a week. Waste of Request for Council money, disappointment if places aren' t open. Event/ Activity Timing Organizer( s) Status/ Comments Produce Snowmass Bucks. Distribute to 5K cap+ Snowmass Tourism Print$ 20 bucks; use embossed paper to lodges for guests and in goodie bags at non- $ 1K bucks reduce fraud; require$ 60 minimum spend; profit events. 6K manage release and redemption Add a Zip line and/ or Alpine slide. Mountain infrastructure Use golf carts when skittles aren' t running; put Liability issues. one at the top and one at the bottom of the lift and let people ride them in either direction. Build a miniature golf course. Mountain infrastructure Do wine tastings in the mall or feature local Only liquor stores can do alcohol sampling. Colorado foods/ condiments( check on permit) Do inexpensive music on Fridays, i.e. 2K x5= Jul 17, 24, 31, Snowmass Tourism Chamber music or choral. 10K Aug 7 14 21 Form a Merchants Association. Hold bi- weekly Merchants Beth starting bi- weekly meetings Wednesday, Merchant meetings with Snowmass Tourism to July 8, 9a. m. Merchants to decide re: formal share ideas in addition to the regular I:1 visits Association. Beth Albert does. Summarize new activities and present to Ballpark Jul 8 Snowmass Tourism Evaluate input; prepare recommendation for Merchants to help prioritize with balance for pricing Board; DONE differing needs/ types of establishments. Identify additional marketing to get the word out. Request an exception to tap into the Marketing Jul 7 Town Manager& Town Manager agreed. Special Board meeting Reserve for$ 50K funding. Request approval of Finance; Marketing held Friday, 6/ 10, 8: 30am- 9: 30am to request recommended plan. Board; Town Council approval; APPROVED. Council to finalize approval. Previously Committed New Approved By Board Additional Ideas For Future TOTAL: $ 50K Promotion TBD MEMORANDUM TO: Snowmass Village Town Council FROM: David Peckler, Transportation Director DATE: July 20, 2009 SUBJECT: WINTER PARKING PROGRAM AND AGREEMENT FOR 2009/2010 1.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff requests Council's direction on the proposed parking agreement for next winter, see attached AGREEMENT ON PARKING PLAN FOR WINTER 2009/2010. This agreement covers: The goals of the parking agreement relative to the Comprehensive Plan and Ordinance #9 of 1994 (the approval of the ski area expansion onto Burnt Mountain); The distribution of parking within the community and the cap on day use parking of 2,425 spaces (Core Area = 1,375, Two Creeks = 400 and Town Park = 650); Descriptions of the various permits that allow access to public parking spaces and their respective prices; The regulation of what permit types are allowed in a specific parking lot; The duration of the parking enforcement in the Numbered Lots; and The designation of the management and maintenance responsibilities of the Town, Base Village and the Aspen Skiing Company (ASC) in the operation of the parking system. II. BACKGROUND: The Transportation and Police departments met with ASC staff to review the proposed parking plan for next winter. Also, Base Village representatives spoke with us on the status of parking in Lot C and the parking garage. Base Village and ASC expect the day parking to continue in Lot C, and that the parking structure will have roughly 228 parking spaces available for increased commercial uses and day skier parking. The following issues/recommendations were discussed by Town staff and the ASC: 1. The number of parking spaces: The agreement will contain some adjustments, but fundamentally remain about the same as last year. The number of parking spaces within the town for this winter will be roughly 2,396: a. Number Lots = 1,000; b. Lot C = 100; c. Base Village garage = 228; d. Treehouse Lot = 33; e. Divide Lot = 30; f. Two Creeks Lots = 400; g. Town Park Lot = 275 (With 25 Reserved for Recreation Center); h. Rodeo Contestant Area = 150; i. Black Saddle Lot = 150; and j. ASC Maintenance Facility = 30. 2. Permit pricing and lot access: Given the continuing concerns over the economy, Staff is recommending that the permit prices for the Town's permits in the Numbered lots stay the same as last winter. This will be the fourth winter at these prices. The ASC and Base Village partnership also recommends that their pricing remains the same. The types of permits that are allowed in a specific lot remain the same as well. Pricing by permit type and the regulation of parking by permit type are identified on the second page of the proposed agreement. 3. Charging for parking at the Town Park lot: The consensus of staff and the ASC is that the current economic situation is challenging enough for business. It is premature to begin charging for parking in the Town Park lot see attached memo on Parking at Town Park). If Council desires to begin paid parking at Town Park, there are a number of issues at the end of the memo called Parking at Town Park that need to be addressed. The ability to create an effective park & ride program from the Intercept lot at Highway 82 remains problematic. The Roaring Fork Transportation Authority (RFTA) is working through issues relative to the consolidation of the Day Skier bus service with the regional bus service. In addition, the impacts of free service between Aspen and Snowmass Village continue to change the demand for service. The Elected Officials Transportation Committee (EOTC) will be discussing the free service between Aspen and Snowmass Village during their August 6w, 2009 meeting. These two service issues have direct bearing on the service plans to the Intercept lot. The recommendations for this winter are: a. Improve the connection between the Town Park lot and the Rodeo Contestant area: Build on the improvements made last winter. Upgrade the capacity in the Rodeo Contestant parking to 150 parking spaces, and look for additions to the Rodeo Contestant's area for the big weekends. b. Continue to improve on ASC employees using the Black Saddle: Average daily utilization of the Black Saddle lot increased by 35%, thereby creating more capacity for day visitors in the Rodeo lot on a daily basis. c. Work with Aspen Valley Ski Club (AVSC) to add bus service: Consider a park-&-ride program from the Intercept lot specifically for their program and on big powder ski days. It is our understanding that the RFTA services will be the same as last winter: providing service from the Intercept lot every 15 minutes. d. Use variable pricing to boost utilization of the Two Creeks parking lot: ASC is looking at their pricing for the Two Creeks lot to reduce pressure on the Rodeo lot. Current plan is to charge 10/Day for Monday— Friday, and $13/Day for weekends and during Holidays. 4. Hours of enforcement of permit parking: Continue to enforcement permit parking in the Numbered lots until 1:00 pm. Base Lots will be enforced until noon. The focus is to preserve the availability of parking spaces in the Numbered lots in the afternoon. Ill. APPLICABLE REGULATIONS: The Town's Municipal Code, Chapter 8, Article II, Parking Regulations contains permit pricing. IV. DISCUSION ITEMS / NEXT STEPS: Council should establish the guidelines for the parking program for next winter at this meeting. (Production and delivery of the permit stock will take six weeks.) Key decision points concerning parking next winter are: A. Determine the amount and distribution of the parking; B. Determine the permit prices; C. Determine the duration of enforcement of permit parking in the Numbered lots; and D. Establish the maintenance responsibilities defined in the agreement. V. NEXT STEPS / MAJOR MILESTONES: NA VI. ACTION REQUESTED OF COUNCIL Approve parking agreement as proposed. TOWN OF SNOWMASS VILLAGE AGREEMENT ON PARKING PLAN FOR WINTER 2009/2010 This agreement is entered into this 20th day of July 2009, by and between the Town of Snowmass Village (the"Town") and the Aspen Skiing Company(the"ASC"). RECITALS The Town and the ASC have agreed to share and coordinate the management of parking operations and facilities within Snowmass Village(the "Village") for the winter season of 2009/2010. The ASC owns and/or is managing parking in the areas known as "Lot C," Treehouse," "Two Creeks," "ASC Maintenance Facility," and "Black Saddle Clubhouse."The Town owns the land for the parking areas known as "Numbered," "Town Park" and "Divide Lot E" parking lots. Both the Town and ASC agree to observe the parking and transit goals of: the Town's Comprehensive Plan - Ordinance 7 of 1998 (the"Comprehensive Plan"), and the conditions of Ordinance#9 of 1994 ("Ordinance 9"). This parking plan is an effort by both organizations to observe these guidelines and objectives for the betterment of the community as a whole. The Town and the ASC will communicate during the ski season to monitor the traffic and parking activities resulting from this plan. NOW, THEREFORE, the parties hereto agree as follows: 1. The arrangement attempts to comply with the three parking/transit goals and directives of the Comprehensive Plan and Ordinance 9: 1.) Manage the total number of day parking spaces within the community and those West of the Wooden Skier Bridge, 2.) Work to achieve a parking utilization rate of 85% of the day spaces, and 3.) Monitor traffic impacts to maintain a Level of Service(LOS) standard of"C" as established in the current Comprehensive Plan. Agreement on the parking program elements that affect these goals and directives are as follows: The Town and the ASC agree to continue to monitor the traffic volume on Brush Creek road, Owl Creek road and Highline road. In the past, variations have occurred in the traffic volumes on Brush Creek road and Owl Creek road, however, they were not considered significant enough to change the relative LOS for those roadways as they are established in the Comprehensive Plan. If the traffic volumes increase to a point that they exceed the LOS set in the Comprehensive Plan, the Town and the ASC will meet to discuss possible changes to parking fees and parking distribution to bring traffic volumes into acceptable limits. The Town and the ASC have agreed to a limit of 2,425 public parking spaces to be managed by both parties to ensure the balanced distribution of the parking within the Village. Both parties agree that the allocation of parking numbers is general, and that the flexibility to shift parking spaces between locations is beneficial under certain conditions. With the construction of Base Village, the number of public parking spaces in this agreement will be 2,396 spaces. The distribution of parking spaces in the Village for Winter 2009/10, will be: 1,000 spaces in the Mall area "Numbered Lots", 400 spaces at the Two Creeks portal, 30 spaces in Divide Lot E , 328 spaces in Base Village area (Lot C = 100 & parking garage= 228), 33 spaces in the Treehouse traffic circle, 150 spaces at the Black Saddle Clubhouse, 275 spaces in the Town Park lot (of which 25 will be for the Recreation Center), 150 spaces in the Rodeo Contestant area, and 30 spaces at the ASC Maintenance Facility. Parking permit types in this document will be referred to by their historical titles: Day Skier whether a day, week, monthly, and/or seasonal pass), Day Skier High Occupancy Vehicle(" Day Skier HOW), Resident (including restricted resident permits for Numbered lots 10-13), Guest, Employee (including restricted employee permits for Numbered lots 10 - 13), Gold Pass, Senior, Merchant, and Disabled. Permit prices will be consistent with the Town's Municipal Code. The variable pricing of Day Skier permits will generally be between $10 and $15 (up to $20 in the Municipal Code). The price for Day Skier parking permits will attempt to achieve a parking utilization rate of 85% in the Base Village and Two Creeks lots (as stated in Ordinance 9); as long as the traffic volumes along roadways in the Village stay within the parameters set in the Comprehensive Plan. Day Skier HOV permits will be free to vehicles with four or more occupants. A Resident-1 permit will be$55. A Resident-2 permit will be$100. A Resident-3 permit will be $185. A Restricted Resident permit will be$35. A Guest permit will be $25 for one week. A Gold Pass permit will be $450. A Senior permit will be $200. An Employee permit will be $45. A Transferable Employee permit will be $80. A Restricted Employee permit will be 35. An ASC Employee permit will be in the $15 to $30 range. Merchant parking will be 650.00/space with a maximum of five permits/space. The parking permits allowed in a specific lot are listed below by location: LOCATION PERMITS ALLOWED Numbered Lots 1-3: Employee, Employee Trans., Gold Pass, Guest, Resident I-3, and Senior; Numbered Lots 4-Lower 5: Gold Pass, Guest, Resident 1-3, and Senior; Numbered Lot Upper 5:Gold Pass, Guest, Resident 1-3, Senior, and Time Restricted; Numbered Lot 6: Disabled, Taxi and Time Restricted; Numbered Lot 7: Disabled, Merchant and Time Restricted; Numbered Lots 8-9: Gold Pass, Guest, Resident 1-3, and Senior; Numbered Lots 10-13: Employee, Employee Trans., Restricted Employee, Gold Pass, Guest, Resident 1-3, Restricted Resident, Senior, and Merchant; Base Village Garage: Free the I" Hour, then Paid Parking/Hour up to $25 for the day; Lot C:Day Skier, Day Skier HOV and Guest; Treehouse: Time Restricted and Pickup/Drop-off; Divide Lot E: Day Skier, Day Skier HOV, Employee, Employee Trans., Gold Pass, Guest, Resident 1-3, and Senior; Two Creeks Lots:Day Skier, Day Skier HOV, Guest, or parking will be free if management is unnecessary. "Equal Access" will be applied to all day parking here; Black Saddle Clubhouse: ASC Employee; ASC Maintenance Lot: ASC Employee; Town Park: Free to all for the purpose of day parking for recreational purpose; and Rodeo Contestant Lot: Free to all for the purpose of day parking for recreational purpose. 2. The hours of enforcement of permit parking in the day parking lots will be from 8:00 am to 12:00 pm, and the enforcement of permit parking in the Numbered lots will be from 8:00 am to 1:00 pm. Time Restricted parking in the Numbered lots will be enforced from 7:00 am to 7:00 pm. 3. The ASC will be limited to 150 applications for the Town's Employee permits to park in the Numbered lots. 4. The Town will be responsible for the management, signing, leasing, and maintenance of the parking lots in the West Village known as the Numbered lots, and the Divide lot E. 5. The ASC will be responsible for the management, signing, leasing, and maintenance of the Black Saddle, Lot C, Town Park, Treehouse, and Two Creeks lots. 6. Any services provided by one organization to the other for the management, signing or maintenance of the parking areas, such as sanding or plowing, will be compensated on a case by case basis. 7. Each organization will retain the revenues derived from their respective permit sales. 8. The Town and the ASC agree to allow police enforcement in all lots under this general management parking plan, compliant with the Snowmass Village Municipal Code, Chapter 8, Article 11, Parking Regulations. 9. The Town and the ASC agree to share the operational function of any information booth(s) relative to parking management at the entrance to the community when necessary. The Town will be responsible for management of vehicles with Snowmass Village parking permits and delivery vehicles, and the ASC will be responsible for management of day visitors. For this winter the ASC will be manning the booth(s) on the weekends. 10. The ASC will advertise on Ski TV ("Channel 16") and local radio to encourage day skiers to utilize public transportation, and inform skiers of limited public parking in the Village during peak periods. 11. Should it appear that the base parking lots will fill, the ASC will post information signs at Highline road, and at the intersection of Brush Creek road with Highway 82 indicating which lots are full. The ASC will also make this information available to the public via the radio and public television. 12. Term. The term of this agreement shall be through and until April 30, 2010 or the closing of the Winter 2009/2010 ski season at the Snowmass Ski Area, whichever occurs first. 13. Default and Dispute Resolution. In the event of any default in performance of any obligations hereunder, within 15 days of any default, the non-defaulting party shall give the other written notice of the default. After delivery of notice, the defaulting party shall then have fifteen days in which to cure the default. If the default is not cured within such period, then the non-defaulting party may terminate this agreement after such period. Both parties agree to use reasonable best efforts to informally discuss and attempt to resolve any apparent event of default prior to delivery of notice thereof. The Town of Snowmass Village, Colorado By: Date: Russell Forrest, Town Manager ATTEST: Aspen Skiing Company, Colorado By: Date: Steve Sewell, General Manager Snowmass Ski Area ATTEST: TRANSPORTATION DEPARTMENT MEMO To: Russ Forrest,Town Manager Front David Peckler,Transportation Director Date: July 20, 2009 Re: Parking at Town Park The average number of cars parking at Town Park from January through March was 277. 1 have attached the March 2009 Car Count table for your review.We projected the capacity of the Town Park lot at 325 spaces (per design spec's.), and 100 spaces in the Contestant's lot. Last winter there were 27 days (19.7%)when the parking exceeded 350 cars,with a peak at 480 vehicles (3/28/2009). On 35 days(25.5%)the parking exceeded 300 cars. Peak parking demand was predominantly on weekends, with some powder days and New Years week being the exceptions. After observation, the capacities I will use for this winter are 275 and 150 respectively for a total of 425 parking spaces(which includes 25 for the Recreation Center). Day parking in Base Village next winter is projected to be Lot C at 100 spaces and the garage at 228 spaces (day skier&commercial)for a total of 328 spaces. The parking at Town Park over the last five winters is presented below: I.REVIEW OF PARKING AT TOWN PARK LOT FROM WINTER 2004105 TO 2008/09: WINTER TOTAL DAYS DAYS>300 DAYS>350 MARCH AVERAGE 2004/05 137 29-21% 16-12% 230 2005/06 144 30-21% 11 -8% 233 2006/07 144 29-20% 16-11% 255 2007/08 144 46-32% 25-17% 294 2008/09 137 35-26% 27-20% 273 The Aspen Skiing Company (ASC) remains committed to their efforts to relocate ASC employees to the Black Saddle parking lot; which increased use by 35% over the previous winter. ASC will also be talking to the Aspen Valley Ski Club (AVSC) about ways they can continue to reduce their impact of their program on weekends. I will be speaking to the parking representative of Base Village and the Viceroy to encourage them to keep their employees parking at the Intercept lot. Transportation, Police and ASC staff believe that continuing to offer a free park-&-ride service to the ski area at the edge of town is in the best interests of the community. We are concerned that the current economic conditions are not favorable for adding expense to visitors coming into the community. It is my opinion that free bus service from the Intercept lot at Highway 82 will not be perceived favorably compared to the Town Park bus service. Also, peak hour demand is already taxing for both the Village Shuttle and RFTA. The free skier shuttles are at capacity when they leave Aspen for Snowmass in the morning; and in the afternoon departures from the Mall are full as well. This means that there are limited possibilities for providing additional transit service to the Intercept lot at Highway 82 without incurring additional expenses. Page 1 II. PAID OR FREE PARKING AT TOWN PARK: The free parking in Town Park lot has long been the "carrot" in our carrot & stick approach to management of parking in Snowmass Village. I believe that there may be unintended consequences should we choose to begin charging for parking at Town Park, and relocating free parking to the Intercept lot. The Town Park lot currently accommodates a number of different users, and is self regulating on most days as a free parking lot: Residents and guests have access to the recreation center without procuring parking permits; Village employees (not just ASC employees) have an alternative to parking in the Number lots, also single-family, residential construction projects can relocate their employee parking here rather then parking along streets within subdivisions; Some residents are using the lot as a park & ride to go to Aspen or down valley and do not purchase Residents permits for that; We have used the lot for temporary storage of over-sized or unneeded vehicles when necessary;and Day visitors (including but not limited to skiers) have convenient access to the community without parking in the core area. The current free park & ride operation is successful: as demonstrated by the number of people that willingly use the service after permit parking has ended, and during summer special events. It may not be a forgone conclusion that people will relocate down to the Intercept lot.They may choose to look for parking in unregulated private parking areas, or in quasi public parking areas. This would increase traffic volume within the core of the community, and impact parking throughout the Town. Employees who are eligible for Employee parking permits for the Numbered lots but chose to park at Town Park most likely will purchase a Town permit, thereby increasing the parking demand in the Numbered lots. Finally, some visitors and employees may choose to relocate to another resort in the valley.This would create a loss in sales tax revenue and/or manpower. Any reduction in skier visits will be a reduction in the ASC contribution to the Town that supports the bus service as well. At present ASC'contribution is over a dollar per skier. Paid parking at Town Park may not be a revenue generating proposition, and could possibly cost the Town more in operating expenses, see attached report Town Park Operational Cost Analysis.Also,the lot was not configured to allow for queuing at the entrance for the sale of parking permits. If the vehicles buying parking permits back up into Brush Creek Rd, then the design will be an issue. The attached report by my staff shows revenues over expenditures for operating a paid parking lot. I have used a plug number for the plowing contract. Staffing is an on going problem (getting employees for menial positions), and is one of the key expenses. To run paid parking out of a booth while controlling parking will require a daily staffing level of two to three people (4-6 total employees). Our long-term recommendation is to run a pay and display operation using automated pay stations strategically placed around the parking lot. This would reduce the number of employees per day to one or two(2-4 total employees), and cut hours because the employees would not have to close out their sales. The cost of a pay station is roughly $20,000 and installation is about $500. Four stations would be about 82,000 to install. The potential swing on net revenues is pretty wide. In the best case scenario of low staffing levels(one employee/day)and high permit sales(125 permits per day),there is a potential for a net revenue of $30,625. More likely will be the opposite extreme of high staffing levels (three employees/day)and low permit sales (75 permits per day)that creates a loss of$41,725. The analysis for projected parking revenues was based on 277 cars parking in the lot today for free, minus 75 employees that will seek other alternatives, minus 25 vehicles parked at the recreation center, minus 44 Page 2 vehicles that qualify for free HOV permits (25%), and minus 13 cars (10%) that leave due to price sensitivity equates to 120 potential cars purchasing permits. III.QUESTIONS FOR COUNCIL: The following are assumptions and/or questions staff has relative to paid parking at Town Park: 1. Recreation Division would manage their 25 parking spaces using some kind for permit that they issue. 2. Resident and Guest permits are allowed to park in the lot. 3. $5 per day is the parking fee. 4. HOV permits will be issued to vehicles with four or more. 5. Is manning the information booths something Council thinks is necessary? Are the Booths necessary only for peak events? The cost of manning the booths is not factored into the equation. 6. The Contestant's lot is a dirt lot, a long walk from Town Park Station, and accessed from a different entrance (unable to sell permits from booth or pay station). Does Council feel these parking spaces should be paid or free?Would Council want to keep these parking spaces in the parking inventory under a paid scenario? 7. Is Council interested in leasing the lot to the ASC and leaving it to them to set the price and manage? 8. Are there any other recommendations or goals from Council? Page 3 C'ovi cstvll' Lo-" MONTH:MARCH YEAR:2009 SUBTOTAL TWO PAID PARKING BLACK DATE: LOT 8 LOT C LOT E B thm E CREEKS TOTAL RODEO LOT SADDLE TOTAL CAPACITY 0 150 45 195 390 585 425 150 1.160 1 $13.00 93 14 107 327 434 IZ7 415 96 945 2 $13.00 52 10 62 181 243 195 81 519 3 $13.00 41 6 47 133 180 174 79 433 4 $13.00 35 7 42 104 146 1864 Y11-F 78 410 5 $13.00 47 6 53 139 192 194 82 468 6 $13.00 50 7 5T 111 168 177 68 413 UVW113?00 82 7 s9 31i5 384 3 , 326 97 807 8 $13.00 71 11 82 293 375 59 332 100 807 9 $13.00 39 8 47 123 170 225-'\ 86 481 10 $13.00 40 6 46 154 200 293 70 563 11 $13.00 42 10 52 222 274 278 88 640 12 $13.00 38 4 42 171 213 265 75 553 13 $13.00 55 7 62 187 249 23!S'3 76 557 14 U3T0,0 89 12 lot 308_ 409 (('.A X429 1;05 15 $13.00 111 10 121 279 400 105405 81 886 16 $13.00 96 7 103 230 333 246 104 683 17 $13.00 84 4 Be 230 318 293 96 707 18 $13.00 64 5 69 169 238 232 Cm F 94 564 19 $13.00 68 4 72 201 273 251 92 616 20 $13.00 68 6 74 205 279 220 83 582 2 1 $13?00 738. X81 232 313 .2 29'S_ 8,1 889 22 $13.00 84 8 92 156 248 296 78 622 23 $13.00 37 4 41 103 144 208 79 431 24 $13.00 58 5 63 158 221 266 74 561 25 $13.00 53 5 58 149 207 212 Y11-F 79 498 26 $13.00 58 5 63 168 231 245 69 545 27 $13:00 77 7 84 285 369 100 37 69 812 Y2'8, Q3T0'0 8A 12 103 36;1 464 11(flf-480: 39 95 14039 29 $13.00 53 5 58 206 264 264 56 584 30 $13.00 45 3 48 106 154 240 Yvon• 52 446 31 $13.00 31 4 35 109 144 217 5T495. 66 427 NOIES.SATURDA roTALs 1,905 217 2,122 6,115 8,237 8,465 2,529 19,231 HIGH 111 14 121 361 464 480 105 1,039 LOW 31 3 35 103 144 174 52 410 MEAN 58 7 63 181 248 251 81 564 AVG 61 7 68 197 266 273 82 620 AVERAGES WITH TWO CREEKS AVG.%CAP. 41% 16%35% 51% 45% 64% 64% 53% Rodeo Operational Cost Analysis OF EMPLOYEES/DAY Personnel/Day* 1 2 3 1 - EXPENDITURES @ $14.00/hr X 6.5 hrs/day X 140 days 12,740.00 $25,480.00 $38,220.00 Payroll Benefits @ 25% 3,185.00 $6,370.00 $9,555.00 Ski Pass @ $900/ea* $1,800.00 $3,600.00 $5,400.00 Hiring/EOS Bonus* 700.00 $1,400.00 $2,100.00 Advertising 1,000.00 $1,000.00 $1,000.00 Uniforms 250.00 500.00 750.00 PAD Kiosks @ 10/yr amortization $8,200.00 $8,200.00 $8,200.00 Parking Supplies 4,000.00 $4,000.00 $4,000.00 Snowplowing 25,000.00 $25,000.00 $25,000.00 Total 56,875.00 $75,550.00 $94,225.00 II - REVENUE POTENTIAL Revenue @ 125/day $87,500.00 $87,500.00 $87,500.00 Revenue @ 100/day $70,000.00 $70,000.00 $70,000.00 Revenue @ 75 1day 52,500.00 $52,500.00 $52,500.00 III - PROFIT/LOSS Net @ 125/day 30,625.00 $11,950.00 ($6,725.00) Net @ 100/day 13,125.00 ($5,550.00) ($24,225.00) Net @ 75/day 4,375.00) ($23,050.00) ($41,725.00) 1 Employee/Day = 2 Total Employees 2 Employee/Day = 4 Total Employees 3 Employee/Day = 6 Total Employees 4 Kiosks @ $20,000/ea + $500 installation = $82,000 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: July 20, 2009 meeting SUBJECT: CONTINUATION OF PUBLIC HEARING AND SECOND 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 1. PURPOSE AND ACTIONS REQUESTED. Purpose: The purpose of the meeting would be to: 1. Open the continued public hearing and consider public comments on Ordinance No. 9, Series of 2009 (Ordinance 9) and associated plans and agreements; 2. Review any remaining core issues or outstanding concerns; and 3. Determine if the updated or modified language in the agreements along with the findings, conditions and action sections in the ordinance are consistent with Town Council's edits at the July 6, 2009 meeting (see attached 'Edited Version' of Ordinance 9) Action: Approve, approve with conditions, or deny the attached second reading of the ordinance, which may be amended at the meeting (see attached 'Final Version' of Ordinance 9). II. FOLLOW UP DISCUSION ITEMS. REMAINING ISSUES: 1. Agreements. The attached agreements to the ordinance incorporate the latest changes submitted June 26`h and as of July 8`h In summary, the changes include: I Page Final PUD Guide - (Exhibit "B" of Ordinance 9): a) The Guide in two places (pages 9 and 10) makes reference to the Parking Agreement in the proposed Community Purpose/ Development Agreement Note: Before, during the Preliminary Plan review, the parking management plan was in the PUD Guide); b) In the carillon bell/noise section on page 13 of the Final PUD Guide, the applicant added that they shall provide a schedule of concerts to the Town and adjacent property associations in advance; c) The Site Plan and plan legend, which is Exhibit 2 of the Final PUD Guide, was updated to show the proposed, modified snowmelt area of 2,650 square feet; It is reference again and highlighted in Exhibit `I" of Ordinance 9 for the record also see separate 11" x 17" handout); d) The Landscape Plan and plan legend notes, which is Exhibit 5 of the Final PUD Guide, was updated to show the replacement of four, eight-foot tall Colorado Spruce trees on the east side of the proposed building addition with four, 25-foot tall Colorado Spruce, depending on conditions of feasibility; The five spots for the previous 16-foot tall Colorado Spruce trees on Parcel 10 remain the same also see separate 11" x 17' handout). Subdivision Improvements Agreement fS.I.A.I - (Exhibit "C" of Ordinance 9): a) Page 3 makes reference to restoration occurring 90 days after utility construction ceases, or if terminated during the winter it would be installed by June 1s' of the following year (the previous draft staff received made reference to 180 days); b) Page 4 makes reference to the applicant being allowed to apply for a partial permit for the installation of utilities and infrastructure; c) On page 5, a caveat statement was added that in the event the applicant receives a full building permit, then restoration work would not be required; This would assume that the approved landscape plan would be installed near the end of the construction period instead; d) Also on page 5, the SIA makes reference to the 90%funding for the project prior to permits, but also states that security would not be required for the utilities that might be installed in advance; However, utility work as with any other public improvements typically requires security; e) The other referenced S.I.A. exhibits, with the exception of the Construction Management Plan (CMP), are only incorporated by reference; The legal description is already part of Ordinance 9 as Exhibit "A,"the engineering civil plans were recently updated as of July 8th which will need to be re-referred for review, the transit waiting shelter is part of the civil drawings, the Brush Creek enhancements are in the application notebook, the landscape plan is part of the Final PUD Guide, and the subdivision improvements cost estimates would be delivered later per the language in the S.I.A.; f) In the Construction Management Plan (CMP), pages 9 and 10 make reference to short-term closure of the trail for construction access purposes and prohibit construction staging on Lot A (main parking lot) when events are being held on the Chapel site or at Anderson Ranch; As a result, previous draft Conditions #8a and #8b in Ordinance 9 were removed. Community Benefits Development Agreement - (Exhibit "D" of Ordinance 9): a) On page 3, subsection (c)ii under Section C, 'Parking Agreement,' was revised per the recent agreement letter dated July 6, 2009 between the Chapel and Anderson Ranch; and 2 1 P a - e b) On pages 6 and 7, the contingency parking management plan language was added similar to the provisions in the Preliminary Plan PUD Guide. Deed Restriction and agreement for existing unit - (Exhibit "E" of Ordinance 9): This deed restriction and agreement was updated to current date, and it is for purpose of restricting the existing unit for employee housing. Vested Property Rights Development Agreement - (Exhibit "F' of Ordinance 9): The 10-year vesting duration language did not change from previous version with the exception of the expiration date now noted as August 5, 2019. 2. Building Efficiency Standards and Renewable Energy Offset Program (REOP) in Ordinance 08-11. The applicant has revised the Site Plan proposing a snowmelt area of 2,650 square feet in lieu of 8,225 square feet. See Finding #15 and Action item #8 in attached Ordinance 9. 3. Fire District access easement issue. Staff has since received a copy of the plat that previous granted the off-site access easement on Parcel 8, Lot 1 (east of the Fire District facilities). See attached plat copy which shows the grant language for the access easement. It was apparently granted as a nonexclusive easement to the owners from time to time on Parcel 8, which now includes both the Snowmass Chapel property (Lot 2A in particular) and Anderson Ranch. The Snowmass Chapel appears to have agreed to release its rights to this easement. III. REFERENCE MATERIALS. Attachments (in order): Copy of the Snowmass Club Subdivision, Parcel 8, Lot 1, including enlargement of the access easement grant language; Edited version of Ordinance 9, incorporating Town Council edits from the first reading on July 6'" and a few staff revisions since that meeting; and Final version of Ordinance 9, in addition to its exhibits. Separate handouts previously issued (reference as needed): 11" x 17" updated Site Plan showing modified, highlighted area of proposed 2,650 square feet of snowmelt area; and 11" x 17" updated Landscape Plan showing conditional notations for the replacement of four, 8-foot tali Colorado Spruce trees on the east side of proposed building addition with four, 25-foot tall Colorado Spruce trees. IV. NEXT STEPS. None for Council. 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EDITED VERSION Town Council Meeting 07-20-09 I 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 I WHEREAS,the Town Council accepted on September 5,2006 the Snowmass Chapel 12 modified Preliminary Plan application and permitted the Applicant to proceed to the Final PUD 13 application stage via Resolution No. 9, Series of 2006 (Resolution 9) and waived further 14 requirements for an air quality analysis and a fiscal impact report with the application, unless 15 deemed necessary during the Final PUD application review; and 16 17 WHEREAS, the Town Council granted the Applicant's requests for extension of the 18 submission of the Final PUD application on September 4,2007 and on November 3,2008 via 19 Resolutions No. 19, Series of 2007 and No. 29, Series of 2008, respectively; and 20 21 WHEREAS, the Snowmass Chapel, Inc., formerly known as Snowmass Chapel and 22 Community Center, Inc., ("Applicant")initially submitted on December 11,2008 as updated for 23 completeness on January 26,2009 and formally submitted on February 2,2009,a completed 24 Final PUD application that together includes a formal request to rezone the property to"MU-1" 25 and subdivision exemptions for a lot line adjustment and planned land exchanges with an 26 adjacent property owner, and a final re-plat (which plats would be acted upon by separate 27 resolutions) involving Lot 1 of the 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 14 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 Mai),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 14 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 HI1 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 14 144 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 14 188 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 Parkina 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 14 236 c) the joint'Parking Lot Use, Maintenance& Improvement Agreement'for the 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, hasseatiaued is 239 continuing to remain in effect; 240 d) the Applicant is willing to 241 DepaFtmeptpurchase transportation services concerning usage of peblis 242 shuttles/buses for special events, subject to reimbursement by the Applicant of 243 reasonable service costs if applicable; and 244 e) per the above noted parking management strategies and the proposed community 245 purpose for a transit shelter together with bus pull out and sidewalk on Owl Creek 246 Road, the Applicant has offered options to automobile usage per Code Section 247 16A-5-310(c)(2)b. 248 249 9) There are minor exterior finish changes on the main building elevations together with 250 height measurement changes, as they are mainly resulting from minor final grading 251 changes,and the maximum building height and steeple elevations for the main chapel 252 addition remain the same, and the maintenance building heights are acceptable 253 meeting the previously established 40-foot height limitation as measured from existing 254 and proposed finished grades and that all existing and proposed buildings acceptably 255 meet the previous maximum average height of 25 feet for the campus as a whole. 256 257 10) Pursuant to Municipal Code Section 16A-4-410, "Restricted housing requirements," 258 the Applicant has satisfactorily mitigated the 434 square feet of required employee 259 housing by proposing to deed restrict the existing unit of approximately 649 square 260 feet per the development agreement commitments and the operational restrictions in 261 the declaration of the deed restriction and agreement. 262 263 11) Similar to the findings in the Preliminary Plan Resolution No. 9, the Final PUD 264 application and the proposed variations or modifications thereto to buildout and height, 265 subject to the conditions in Section Three of this Ordinance, acceptably meet and . 266 comply with the other review and approval criteria in Municipal Code Section 16A-5- 267 360, Final Plan Review Intent and Issues, Section 16A-5-300(c),General Restrictions, 268 and Section 16A-5-310, Review Standards. 269 270 12) Similar to the findings in the Preliminary Plan Resolution No. 9,and as the proposal is 271 also an amendment to the previous PUD approval, the Final PUD application also 272 complies with the review standards in Municipal Code Section 16A-5-390,Amendment 273 of Final Plan, as follows: 274 275 a) The proposal is consistent with or an enhancement of the original PUD approval; 276 b) The proposal will not have a substantially adverse impact upon the neighborhood 277 surrounding the land where the amendment is proposed as defined in Resolution 278 9; 279 c) The proposal will not change the basic character of the PUD or surrounding areas 280 because the principle usages on the site are primarily the same; and 281 d) The proposal, per the finding above, complies with other applicable standards. 282 283 13) The community purposes previously offered by the Applicant,as would be acceptably TC Ord. 09-09 Page 7 of 14 284 implemented per the Final PUD plans or the associated agreements,are satisfactory 285 to justify the variations, and include: 286 287 a) 4,000 square feet of community purpose space in the existing facilities as further 288 described and illustrated in the Development Agreement (Exhibit"D"); 289 b) Employee housing over and above the square footage required for mitigation; 290 c) A vehicular bridge and culvert replacement; 291 d) A transit passenger waiting shelter, together with bus pull out and sidewalk along 292 Owl Creek Road; and 293 e) Brush Creek stabilization and habitat restoration and enhancement. 294 295 14) The Applicant has addressed or adequately responded to or implemented the 296 directives or conditions of approval in Preliminary Plan Resolution 9. 297 298 15) Concerning the Applicant's request for waiver from the Town's Building Efficiency and 299 Renewable Offset Program in Ordinance No. 11, Series of 2008, the Applicant has 1 300 has R9t satisfactorily met the criteria for community benefit, or public safety need 301 concerning the sentai in-4* 302 modified snowmelt area of approximately 2.650 square feet, which is 303 roughly one-third of the previous proposal of 8.225 square feet of snowmelt area. - 304 305 306 69FAFAWAity 13GROfit,9F labibliG salety need as described or illustrated in attached Exhibit 307 308 309 Section Two: Action. Pursuant to the findings stated in Section One of this ordinance, the 310 Town Council approves the following development and agreements,subject to complying with 311 or implementing the conditions outlined in Section Three of this ordinance: 312 313 1) Amendments to the Official Zone District Map. The Town Council hereby approves 314 and ratifies by this ordinance the re-zoning as shown on attached Exhibit "A," 315 incorporated herein,44E+dlaginvolvin exchanged land areas totaling 16,334 square 316 feet by separate resolution, for the proposed lots on the accompanying final re-plat 317 also pursuant to a separate resolution, to "MU-1" on Lots 1 and 2A of the Second 318 Amendment Plat, Snowmass Interfaith Chapel Subdivision; Lot 2(Yarrow Park)of the 319 same re-plat shall remain 'PUD' zoning. 320 321 2) Final PUD Plan. The Town Council, having considered all relevant materials and 322 testimony, the Planning Commission's recommendations, Town Staff comments, 323 analyses and recommendations, and public comments, hereby approves the Final 324 PUD Plan application and the modifications thereto for the proposed Snowmass 325 Chapel Expansion Project as further described and illustrated in: 326 327 a) Exhibit"B" Final PUD Guide as incorporated herein and its exhibits by reference; 328 b) The Final PUD Plan civil engineering drawings and specifications, water and 329 sewer plans, final landscape plan, architectural building elevations, exterior 330 materials and color schemes, and floor plans; 331 c) The Chapel's parking management plan and the supplemental amendment TC Ord. 09-09 Page 8 of 14 332 thereto dated May 11, 2009; 333 d) Exhibit "C" of the Subdivision Improvements Agreement and its exhibits or 334 referenced exhibits, including the civil drawings, the vehicular bridge and culvert 335 replacement; parking construction for 12 additional spaces on Lot 2A, a fire 336 access lane, the transit passenger waiting shelter,together with bus pull out and 337 sidewalk, Brush Creek stabilization and habitat restoration and enhancement; 338 landscaping; and the construction management plan; 339 e) Exhibit "D" of the Development Agreement outlining the provisions of the 4,000 340 square feet of community purpose spaces in the existing facilities, the parking 341 agreement provisions including the parking amendment, and the employee 342 housing commitments; 343 f) Exhibit "E" of the deed restriction for the existing employee housing unit; 344 g) Exhibit"F"of the Vested Property Rights Development Agreement for a maximum 345 period of 10 years with conditions upon approval of the Final PUD approval via this 346 ordinance, 347 h) All other plans or documents as set forth in the Final PUD Plan application 348 notebook dated January 26, 2009, the supplemental amendment for parking 349 management plan adjustments dated May 11, 2009, and the supplemental 350 responses and information provided by the Applicant dated March 30, 2009 and 351 June 1, 2009 in response to staff comments or Town Council issues and 352 concerns, which collectively are incorporated herein by these references. 353 354 3) Building addition height variation. The Town Council approves and ratifies by this 355 ordinance a variation from the maximum permitted building height limitation of 40 feet, 356 per the originally approved PUD, for the building addition as such heights are more 357 particularly described and listed in Exhibit "B," Final PUD Guide, attached hereto, in 358 the affected height tables and the building elevation drawings incorporated by 359 reference. The height variation for the building addition is as follows: 360 361 a) South building addition elevation: to an elevation of 8209.27 feet above mean sea 362 level or a maximum height of 46.0 feet from finished grade and 45.1 feet from 363 existing grade. 364 b) North building addition elevation: to an elevation of 8209.27 feet above mean sea 365 level or a maximum height of 58.0 feet from finished grade and 55.6 feet from 366 existing grade. 367 368 4) Steeple height proportion. The Town Council approves and ratifies by this 369 ordinance the steeple height proportionality at 8232.69 feet above mean sea level 370 elevation or a maximum&8:468_92 feet from finished grade and 68.9 feet from existing 371 grade, including (versus excluding) any appurtenance, as further described or 372 illustrated in Exhibit "B," Final PUD Guide. 373 374 5) Buildout floor area variation. The Town Council approves and ratifies by this 375 ordinance the variation from the Bbildout Chart's buildout designation for the 376 Snowmass Chapel expansion and existing campus,collectively,to permit up to 29,700 377 square feet of floor area on Lot 1 of the Second Amendment Plat, Snowmass 378 Interfaith Chapel Subdivision, that incorporates the land exchanges including the 379 adjoining portions of Parcel 10 of the Snowmass Club Subdivision by separate TC Ord. 09-09 Page 9 of 14 380 resolutions. Such 29,700 square feet of buildout floor area includes UP-49 381 approximately 1,652 square feet for a maintenance facility, 1,212 square feet of 382 covered walkway on the existing facility and 2,010 square feet of covered walkways or 383 exterior entryways on the proposed building addition. 384 385 6) Buildout Chart amendment, By approving the buildout variation described above, 386 Town Council directs the Town Staff to amend the Buildout Chart of the 387 Comprehensive Plan in accordance with this ordinance which ratifies the approval of 388 the buildout variation pursuant to attached Exhibit"G." 389 390 7) Development encroachment into 25-foot wetland setback area. The Town 391 Council approves the development intrusion into the 25-foot wetland setback area 392 between the narthex entrance for the building addition and Brush Creek,and between 393 the proposed maintenance building and Brush Creek,as described or illustrated in the 394 application materials. 395 396 8) Waiver from Building Efficiency and the Renewable Energy Offset Program 397 Standards. The Town Council hereby grants Ldeaiesthe Applicant's waiver request 398 for sentaining appreximatel, the modified 399 snowmelt area of approximately 2.650 square feet. The only peFtien a! the waive 400 request--granted i denied is f9F the Genta:. ip„ 401 as described or illustrated in attached Exhibit 402 l:;'which revised snowmelt are shall be exempt from the mitigation requirements in 403 Ordinance No. 11, Series of 2008. 404 405 Section Three: Conditions. The Town Council makes the following conditions for the 406 Applicant to comply with or implement: 407 408 1) Considering the loss of the previously offered off-site overflow parking commitment, 409 the Applicant shall install and stripe the previously committed contingent 12 additional 410 parking spaces on Lot 2A with the building addition as represented in the Applicant's 411 Final PUD plans, prior to the issuance of a Certificate of Occupancy on the building 412 addition in efforts to accommodate potential additional parking demands due to 413 special events. 414 415 2) Prior to issuance of any permit for commencement of construction or a building, the 416 Applicant shall: 417 418 a) comply with the conditions in the associated Resolutions Nos. 14 and 15,Series of 419 2009, regarding the accompanying subdivision exemptions, final re-plat, and the 420 off-site easements; and 421 b) submit aa-ugdated Letter of Credit during the approved vesting period covering the 422 current cost at the time the improvements are planned to be constructed with the 423 project,subject to review and approval by the Town Engineer;, 424 may be added to the Subdivision lmprovemeA46 Agreement (S.I.A.) prior to 425 426 c) complete final civil plans and resolve the remaining comments dated April 22, 427 2009 in attached Exhibit"H:' incorporated herein, to the satisfaction of the Town TC Ord. 09-09 Page 10 of 14 428 Engineer, including coordination with the Snowmass-Wildcat Fire Protection 429 District concerning the final acceptable design and weight load capacity of the 430 bridge prior to commencement of construction or the issuance of a grading permit; 431 and 432 d) submit construction plans that demonstrate consistency with the final conditional 433 approvals in this ordinance. 434 435 436 437 438 439 440 or the ir&JaRGG Of a gFadiRq PWFRit. 441 442 3) Also l2prior to the issuance of any permits,the Applicant shall enter into,complete and 443 execute the following agreements or covenants, and the Mayor shall have the 444 authority on behalf of the Town to execute the agreements for acceptable form and 445 content, for recording at the Applicant's expense following final execution: 446 447 a) Subdivision Improvement Agreement (SIA), 448 as described in 449 attached Exhibit"C"that guarantees the installation of grading and storm drainage 450 facilities, new water and sanitary sewer utility lines; electric, gas, telephone, and 451 cable TV facilities;vehicular bridge and culvert replacement; parking construction 452 for 12 additional spaces on Lot 2A, a fire access lane, transit passenger waiting 453 shelter, together with bus pull out and sidewalk, Brush Creek stabilization and 454 habitat restoration and enhancement; landscaping; associated easements as 455 needed;and the maintenance, repair,default and remedy provisions,including the 456 SIA's exhibits(incorporated herein by reference)for the,a)lot line adjustment plat, 457 b) engineered plans and specifications (civil drawings), c) the transit passenger 458 waiting shelter, d) the Brush Creek stabilization and habitat restoration and 459 enhancement plan,e)landscape plan,f)subdivision improvements cost estimates 460 which shall be reviewed and accepted by the Town Engineer), and g) the 461 construction management plan (incorporate herein by this ordinance). 462 463 I b) Development Agreement, 464 2009 6upplemental 6ulami6sion, as described in attached Exhibit "D," which 465 outlines the provisions for, a) the commitment of community purpose space as 466 offered by the Applicant, b) the parking agreement, including the amendment 467 provisions for parking management plan adjustments dated May 11,2009,and c) 468 the employee housing commitments. 469 470 I c) Declaration of Deed Restriction• of the existing employee unit, iR—geWal 471 472 as described in Exhibit"E,"that outlines the restriction on the usage and operation 473 of the residential unit including lease and rental rates. 474 475 d) Vesting Property Rights Development Agreement,' TC Ord. 09-09 Page 11 of 14 476 as described in attached 477 Exhibit "F," which shall limit the duration of the vesting of property rights to a 478 maximum of 10 years upon the Final PUD approval via this ordinance,, sub}est to 479 480 481 482 483 484 485 GGAGluded aAd agrees tha.tthe Vested PFGPBFty Rights shall be vested and 486 487 Initial 488 489 GGAMFUGtiGA PFGjeGt within approximately 18 14 moRtl;6, 19) eXeGuted all 490 491 492 ERgi%9F, has been issued 'R adYanGe of a building peF 493 494 495 be eAended upoA the expiratiGA of the Initial Vesting for another five (6) 496 y@ar perigd qxpiriAg op August 5, 2019. Unless expressly provided to the 497 Gontrary thereon,all modifications and amendments to the GFdinanee er any 498 499 500 appfflyal 19y theTewn and suGh VOGI'Ro shall last MFGLj9N9UI 1148 WRA 911149 501 502 Righ s Development Agrwemaa; Exhibit "F") 503 504 The Applicant shall complete all actions or matters, which in the opinion of the 505 Planning Director and the Town Attorney,are necessary to satisfy or dispense with the 506 completion, execution and/or recording of all documents, including affected 507 agreements that are necessary to implement the conditions of this Ordinance and the 508 requirements of the Municipal Code, before the associated re-plat via Resolution No. 509 15. Series of 2009, is executed and placed of record, or in regard to the deed 510 restriction, prior to the issuance of a buildinq permit or certificate of occupancy as 511 deemed applicable by the Town Attorney. Should disagreements arise that cannot be 512 resolved between Town Staff and the Applicant, the matter shall be referred to the 513 Town Council for direction or a final determination. 514 515 5) The building construction plans shall illustrate the partition wall for heated and 516 unheated areas within the Maintenance Building in accordance with the Applicant's 517 response dated June 1, 2009 to the satisfaction of the Chief Building Official prior to 518 issuance of a building permit. 519 520 6) The Applicant shall review with the Town's Chief Building Official the lighting plan 521 submitted with the building construction plans to determine conformity with the 522 Lighting Ordinance No. 18, Series of 2003. 523 TC Ord. 09-09 Page 12 of 14 524 7) The Applicant shall complete all actions or matters, which in the opinion of the 525 Planning Director and the Town Attorney,are necessary to satisfy or dispense with the 526 completion,execution and/or recording of all documents,such as the agreements and 527 the deed restriction for the existing employee unit,that are necessary to implement the 528 conditions of this Ordinance and the requirements of the Municipal Code, before the 529 associated off-site easements, subdivision exemptions and related final re-plat are 530 executed and placed of record. Should disagreements arise that cannot be resolved 531 between Town Staff and the Applicant, the matter shall be referred to the Town 532 Council for final direction and/or determination. 533 534 535 536 Applicant&haV 537 538 539 540 541 542 543 9)! _Under the direction of the Planning Director, periodic reviews in the field of the . 544 construction details associated with the project shall occur as reasonably necessary to 545 determine compliance with the design character standards specified within the Final 546 PUD approval. The Applicant shall make field adjustments if such adjustments are 547 determined by the Planning Director to be necessary to comply with the Final PUD. 548 The Planning Director may refer matters of this type to the Town Council for direction 549 as necessary to ensure consistency with the representations made by the Applicant 550 during the PUD review process. 551 552 49)91—Certain refinements, modifications,or amendments to the Construction Management 553 Plan may be required by the Town in response to impacts, complaints or concerns 554 which were not apparent at the time application was made. In addition,the Applicant 555 may find it necessary to notify the Snowmass Village Planning Department of 556 necessary additions, modifications, or amendments to the plan during the course of 557 construction. The changes may be permitted with written approval of the Planning 558 Director, who may refer the matter to the Town Council for final determination. 559 560 44)10)_The Applicant shall provide a copy of any United States Army Corps of Engineers 561 permits required for any wetland or riparian area that would be disturbed by this 562 development, prior to any construction affecting said wetlands or riparian areas. 563 564 565 566 567 568 569 13) It!6 WRdGF6t90d that!he App"GaAl Ghall G904pate with the private or surroundiAg 570 571 572 TC Ord. 09-09 Page 13 of 14 573 574 575 576 577 578 579 580 581 582 583 by the Planning QireGtor. The Applicant will either Amend th(;*F GaFillen system 0 584 585 f9F tonal deteFFRinatien. 586 587 411 Town Council authorizes the Town's Planning Director to modify the Final PUD Guide 588 in attached Exhibit "B" as needed for consistency with the findings and conditions in 589 this ordinance. 590 591 44)12) Following execution, this ordinance and its exhibits shall be recorded, at the 592 Applicant's expense, with the Pitkin County Clerk and Recorder. 593 594 Section Four: Severability. If any provision of this Ordinance or application hereof to any 595 person or circumstance is held invalid, the invalidity shall not affect any other provision or 596 application of this Ordinance which can be ,given effect without the invalid provision or 597 application, and, to this end, the provisions of this Ordinance are severable. 598 599 Section Five: Enforcement. Obligations herein this Ordinance shall be binding on the 600 Applicant, its affiliates, successors and assigns. 601 602 INTRODUCED, READ,AND APPROVED on first reading by the Town Council of the 603 Town of Snowmass Village, Colorado on this 6'"day of July 2009, upon a motion made by 604 Council Member Butler and the second by Council Member Wilkinson, upon a vote of 4 in 605 favor and 0 against(Council Member Mordkin recused). 606 607 READ, APPROVED AND ADOPTED on second reading by the Town Council of the 608 Town of Snowmass Village, Colorado on this 201" day of July 2009, upon a motion made by 609 Council Member and the second by Council Member upon a vote 610 of_ in favor and _against. 611 612 613 614 615 TOWN OF SNOWMASS VILLAGE 616 617 618 619 Bill Boineau, Mayor 620 TC Ord. 09-09 Page 14 of 14 621 ATTEST: 622 623 624 625 Rhonda B. Coxon, Town Clerk 626 627 628 APPROVED AS TO FORM: 629 630 631 632 John C. Dresser, Jr., Town Attorney 633 634 635 636 Attached Exhibits or proposed for insertion or reference thereof 637 638 639 Exhibits to Ordinance No. 9. Series of 2009, incorporated herein and/or by reference: 640 Exhibit"A"— Re-zoning exhibits and legal descriptions 641 Exhibit"B"— Final PUD Guide with its exhibits 642 Exhibit "C"— Subdivision Improvements Agreement (with its exhibits incorporated by 643 reference only with the exception of the updated Construction Management Plan) 644 Exhibit 'D"— Development Agreement, outlining provisions for the community purpose 645 space, the parking agreement (including the amendment for the parking management plan 646 adjustments dated May 11, 2009), and the employee housing commitment; 647 Exhibit"E" — Declaration of Deed Restriction on the existing employee unit 648 Exhibit"F"—Vested Property Rights Development Agreement for 10 years to August 5, 649 2019 650 Exhibit "G" —Buildout Chart revision 651 Exhibit"H" — Outstanding comments dated April 22, 2009 from the Town Engineer. 652 Exhibit "I" —Drawing illustrating pekieR of snowmelting system 653 be Femovedexemot pursuant to the waiver provisions in Ordinance No. 11, Series of 2008. FINAL VERSION Town Council Meeting 07-20-09 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 1 I 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 September4,2007 and on November3,2008 via 19 Resolutions No. 19, Series of 2007 and No. 29, Series of 2008, respectively; and 20 21 WHEREAS, the Snowmass Chapel, Inc., formerly known as Snowmass Chapel and 22 Community Center, Inc.,("Applicant") initially submitted on December 11,2008 as updated for 23 completeness on January 26,2009 and formally submitted on February 2,2009,a completed 24 Final PUD application that together includes a formal request to rezone the property to"MU-1" 25 and subdivision exemptions for a lot line adjustment and planned land exchanges with an 26 adjacent property owner, and a final re-plat (which plats would be acted upon by separate 27 resolutions) involving Lot 1 of the 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 12 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 12 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 III 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 Exhibitt'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 12 144 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 12 188 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 Parkin(]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 12 236 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, is continuing to 239 remain in effect; 240 d) the Applicant is willing to purchase transportation services concerning usage of 241 shuttles/buses for special events, subject to reimbursement by the Applicant of 242 reasonable service costs if applicable; 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 housing 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 approximately 649 square 259 feet per the development agreement commitments and the operational restrictions in 260 the 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 12 284 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 satisfactorily met the criteria for community benefit or public safety need concerning 300 the modified snowmelt area of approximately 2,650 square feet,which is roughly one- 301 third of the previous proposal of 8,225 square feet of snowmelt area, as described or 302 illustrated in attached Exhibit"l." 303 304 Section Two: Action. Pursuant to the findings stated in Section One of this ordinance, the 305 Town Council approves the following development and agreements,subject to complying with 306 or implementing the conditions outlined in Section Three of this ordinance: 307 308 1) Amendments to the Official Zone District Map. The Town Council hereby approves 309 and ratifies by this ordinance the re-zoning as shown on attached Exhibit "A," 310 incorporated herein, involving exchanged land areas totaling 16,334 square feet by 311 separate resolution, for the proposed lots on the accompanying final re-plat also 312 pursuant to a separate resolution, to "MU-1" on Lots 1 and 2A of the Second 313 Amendment Plat, Snowmass Interfaith Chapel Subdivision; Lot 2(Yarrow Park)of the 314 same re-plat shall remain 'PUD' zoning. 315 316 2) Final PUD Plan. The Town Council, having considered all relevant materials and 317 testimony, the Planning Commission's recommendations, Town Staff comments, 318 analyses and recommendations, and public comments, hereby approves the Final 319 PUD Plan application and the modifications thereto for the proposed Snowmass 320 Chapel Expansion Project as further described and illustrated in: 321 322 a) Exhibit"B" Final PUD Guide as incorporated herein and its exhibits by reference; 323 b) The Final PUD Plan civil engineering drawings and specifications, water and 324 sewer plans, final landscape plan, architectural building elevations, exterior 325 materials and color schemes, and floor plans; 326 c) The Chapel's parking management plan and the supplemental amendment 327 thereto dated May 11, 2009; 328 d) Exhibit "C" of the Subdivision Improvements Agreement and its exhibits or 329 referenced exhibits, including the civil drawings, the vehicular bridge and culvert 330 replacement; parking construction for 12 additional spaces on Lot 2A, a fire 331 access lane, the transit passenger waiting shelter, together with bus pull out and TC Ord. 09-09 Page 8 of 12 332 sidewalk, Brush Creek stabilization and habitat restoration and enhancement; 333 landscaping; and the construction management plan; 334 e) Exhibit "D" of the Development Agreement outlining the provisions of the 4,000 335 square feet of community purpose spaces in the existing facilities, the parking 336 agreement provisions including the parking amendment, and the employee 337 housing commitments; 338 f) Exhibit"E" of the deed restriction for the existing employee housing unit; 339 g) Exhibit"F"of the Vested Property Rights Development Agreement for a maximum 340 period of 10 years with conditions upon approval of the Final PUD approval via this 341 ordinance; 342 h) All other plans or documents as set forth in the Final PUD Plan application 343 notebook dated January 26, 2009, the supplemental amendment for parking 344 management plan adjustments dated May 11, 2009, and the supplemental 345 responses and information provided by the Applicant dated March 30, 2009 and 346 June 1, 2009 in response to staff comments or Town Council issues and 347 concerns, which collectively are incorporated herein by these references. 348 349 3) Building addition height variation. The Town Council approves and ratifies by this 350 ordinance a variation from the maximum permitted building height limitation of 40 feet, 351 per the originally approved PUD, for the building addition as such heights are more 352 particularly described and listed in Exhibit"B," Final PUD Guide, attached hereto, in 353 the affected height tables and the building elevation drawings incorporated by 354 reference. The height variation for the building addition is as follows: 355 356 a) South building addition elevation: to an elevation of 8209.27 feet above mean sea 357 level or a maximum height of 46.0 feet from finished grade and 45.1 feet from 358 existing grade. 359 b) North building addition elevation: to an elevation of 8209.27 feet above mean sea 360 level or a maximum height of 58.0 feet from finished grade and 55.6 feet from 361 existing grade. 362 363 4) Steeple height proportion. The Town Council approves and ratifies by this 364 ordinance the steeple height proportionality at 8232.69 feet above mean sea level 365 elevation or a maximum 68.92 feet from finished grade and 68.9 feet from existing 366 grade, including (versus excluding) any appurtenance, as further described or 367 illustrated in Exhibit"B," Final PUD Guide. 368 369 5) Buildout floor area variation. The Town Council approves and ratifies by this 370 ordinance the variation from the Buildout Chart's buildout designation for the 371 Snowmass Chapel expansion and existing campus,collectively,to permit up to 29,700 372 square feet of floor area on Lot 1 of the Second Amendment Plat, Snowmass 373 Interfaith Chapel Subdivision, that incorporates the land exchanges including the 374 adjoining portions of Parcel 10 of the Snowmass Club Subdivision by separate 375 resolutions. Such 29,700 square feet of buildout floor area includes approximately 376 1,652 square feet for a maintenance facility, 1,212 square feet of covered walkway on 377 the existing facility and 2,010 square feet of covered walkways or exterior entryways 378 on the proposed building addition. 379 TC Ord. 09-09 Page 9 of 12 380 6) Buildout Chart amendment. By approving the buildout variation described above, 381 Town Council directs the Town Staff to amend the Buildout Chart of the 382 Comprehensive Plan in accordance with this ordinance which ratifies the approval of 383 the buildout variation pursuant to attached Exhibit "G." 384 385 7) Development encroachment into 25-foot wetland setback area. The Town 386 Council approves the development intrusion into the 25-foot wetland setback area 387 between the narthex entrance for the building addition and Brush Creek,and between 388 the proposed maintenance building and Brush Creek,as described or illustrated in the 389 application materials. 390 391 8) Waiver from Building Efficiency and the Renewable Energy Offset Program 392 Standards. The Town Council hereby grants the Applicant's waiver request for the 393 modified snowmelt area of approximately 2,650 square feet as described or illustrated 394 in attached Exhibit "I," which revised snowmelt area shall be exempt from the 395 mitigation requirements in Ordinance No. 11, Series of 2008. 396 397 Section Three: Conditions. The Town Council makes the following conditions for the 398 Applicant to comply with or implement: 399 400 1) Considering the loss of the previously offered off-site overflow parking commitment, 401 the Applicant shall install and stripe the previously committed contingent 12 additional 402 parking spaces on Lot 2A with the building addition as represented in the Applicant's 403 Final PUD plans, prior to the issuance of a Certificate of Occupancy on the building 404 addition in efforts to accommodate potential additional parking demands due to 405 special events. 406 407 2) Prior to issuance of any permit for commencement of construction or a building, the 408 Applicant shall: 409 410 a) comply with the conditions in the associated Resolutions Nos. 14 and 15, Series of 411 2009, regarding the accompanying subdivision exemptions, final re-plat, and the 412 off-site easements; and 413 b) submit a Letter of Credit during the approved vesting period covering the current 414 cost at the time the improvements are planned to be constructed with the project, 415 subject to review and approval by the Town Engineer; 416 c) complete final civil plans and resolve the remaining comments dated April 22, 417 2009 in attached Exhibit"H," incorporated herein, to the satisfaction of the Town 418 Engineer, including coordination with the Snowmass-Wildcat Fire Protection 419 District concerning the final acceptable design and weight load capacity of the 420 bridge prior to commencement of construction or the issuance of a grading permit; 421 and 422 d) submit construction plans that demonstrate consistency with the final conditional 423 approvals in this ordinance. 424 425 3) Also prior to the issuance of any permits,the Applicant shall enter into, complete and 426 execute the following agreements or covenants, and the Mayor shall have the TC Ord. 09-09 Page 10 of 12 427 authority on behalf of the Town to execute the agreements for acceptable form and 428 content, for recording at the Applicant's expense following final execution: 429 430 a) Subdivision Improvement Agreement (SIA), as described in attached Exhibit"C" 431 that guarantees the installation of grading and storm drainage facilities, new water 432 and sanitary sewer utility lines; electric, gas, telephone, and cable TV facilities; 433 vehicular bridge and culvert replacement; parking construction for 12 additional 434 spaces on Lot 2A, a fire access lane, transit passenger waiting shelter, together 435 with bus pull out and sidewalk, Brush Creek stabilization and habitat restoration 436 and enhancement; landscaping; associated easements as needed; and the 437 maintenance, repair, default and remedy provisions, including the SIA's exhibits 438 incorporated herein by reference) for the, a) lot line adjustment plat, b) 439 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,as described in attached Exhibit"D,"which outlines the 446 provisions for, a)the commitment of community purpose space as offered by the 447 Applicant, b) the parking agreement, including the amendment provisions for 448 parking management plan adjustments dated May 11,2009,and c)the employee 449 housing commitments. 450 451 c) Declaration of Deed Restriction of the existing employee unit, as described in 452 Exhibit "E;' that outlines the restriction on the usage and operation of the 453 residential unit including lease and rental rates. 454 455 d) Vesting Property Rights Development Agreement,as described in attached Exhibit 456 F,"which shall limit the duration of the vesting of property rights to a maximum of 457 10 years upon the Final PUD approval via this ordinance. 458 459 The Applicant shall complete all actions or matters, which in the opinion of the 460 Planning Director and the Town Attorney, are necessary to satisfy or dispense with the 461 completion, execution and/or recording of all documents, including affected 462 agreements that are necessary to implement the conditions of this Ordinance and the 463 requirements of the Municipal Code, before the associated re-plat via Resolution No. 464 15, Series of 2009, is executed and placed of record, or in regard to the deed 465 restriction, prior to the issuance of a building permit or certificate of occupancy as 466 deemed applicable by the Town Attorney. Should disagreements arise that cannot be 467 resolved between Town Staff and the Applicant, the matter shall be referred to the 468 Town Council for direction or a final determination. 469 470 5) The building construction plans shall illustrate the partition wall for heated and 471 unheated areas within the Maintenance Building in accordance with the Applicant's 472 response dated June 1, 2009 to the satisfaction of the Chief Building Official prior to 473 issuance of a building permit. 474 TC Ord. 09-09 Page 11 of 12 475 6) The Applicant shall review with the Town's Chief Building Official the lighting plan 476 submitted with the building construction plans to determine conformity with the 477 Lighting Ordinance No. 18, Series of 2003. 478 479 7) The Applicant shall complete all actions or matters, which in the opinion of the 480 Planning Director and the Town Attorney,are necessary to satisfy or dispense with the 481 completion, execution and/or recording of all documents,such as the agreements and 482 the deed restriction for the existing employee unit,that are necessary to implement the 483 conditions of this Ordinance and the requirements of the Municipal Code, before the 484 associated off-site easements, subdivision exemptions and related final re-plat are 485 executed and placed of record. Should disagreements arise that cannot be resolved 486 between Town Staff and the Applicant, the matter shall be referred to the Town 487 Council for final direction and/or determination. 488 489 8) Under the direction of the Planning Director, periodic reviews in the field of the 490 construction details associated with the project shall occur as reasonably necessaryto 491 determine compliance with the design character standards specified within the Final 492 PUD approval. The Applicant shall make field adjustments if such adjustments are 493 determined by the Planning Director to be necessary to comply with the Final PUD. 494 The Planning Director may refer matters of this type to the Town Council for direction 495 as necessary to ensure consistency with the representations made by the Applicant 496 during the PUD review process. 497 498 9) Certain refinements, modifications,or amendments to the Construction Management 499 Plan may be required by the Town in response to impacts, complaints or concerns 500 which were not apparent at the time application was made. In addition,the Applicant 501 may find it necessary to notify the Snowmass Village Planning Department of 502 necessary additions, modifications, or amendments to the plan during the course of 503 construction. The changes may be permitted with written approval of the Planning 504 Director, who may refer the matter to the Town Council for final determination. 505 506 10) The Applicant shall provide a copy of any United States Army Corps of Engineers 507 permits required for any wetland or riparian area that would be disturbed by this 508 development, prior to any construction affecting said wetlands or riparian areas. 509 510 11) Town Council authorizes the Town's Planning Director to modify the Final PUD Guide 511 in attached Exhibit`B" as needed for consistency with the findings and conditions in 512 this ordinance. 513 514 12) Following execution, this ordinance and its exhibits shall be recorded, at the 515 Applicant's expense, with the Pitkin County Clerk and Recorder. 516 517 Section Four: Severability. If any provision of this Ordinance or application hereof to any 518 person or circumstance is held invalid, the invalidity shall not affect any other provision or 519 application of this Ordinance which can be given effect without the invalid provision or 520 application, and, to this end, the provisions of this Ordinance are severable. 521 522 Section Five: Enforcement. Obligations herein this Ordinance shall be binding on the 523 Applicant, its affiliates, successors and assigns. TC Ord. 09-09 Page 12 of 12 524 525 INTRODUCED, READ,AND APPROVED on first reading by the Town Council of the 526 Town of Snowmass Village, Colorado on this 6`n day of July 2009, upon a motion made by 527 Council Member Butler and the second by Council Member Wilkinson, upon a vote of 4 in 528 favor and 0 against (Council Member Mordkin recused). 529 530 READ, APPROVED AND ADOPTED on second reading by the Town Council of the 531 Town of Snowmass Village, Colorado on this 20`"day of July 2009, upon a motion made by 532 Council Member and the second by Council Member upon a vote 533 of_ in favor and_against. 534 535 TOWN OF SNOWMASS VILLAGE 536 537 538 539 Bill Boineau, Mayor 540 541 ATTEST: 542 543 544 545 Rhonda B. Coxon, Town Clerk 546 547 548 APPROVED AS TO FORM: 549 550 551 552 John C. Dresser, Jr., Town Attorney 553 554 555 Attached Exhibits or proposed for insertion or reference thereof 556 557 Exhibits to Ordinance No. 9. Series of 2009, incorporated herein and/or by reference: 558 Exhibit "A"— Re-zoning exhibits and legal descriptions 559 Exhibit "B"— Final PUD Guide with its exhibits 560 Exhibit "C'— Subdivision Improvements Agreement (with its exhibits incorporated by 561 reference only with the exception of the updated Construction Management Plan) 562 Exhibit "D"— Development Agreement, outlining provisions for the community purpose 563 space, the parking agreement(including the amendment for the parking management plan 564 adjustments dated May 11, 2009), and the employee housing commitment; 565 Exhibit "E"—Declaration of Deed Restriction on the existing employee unit 566 Exhibit "F" —Vested Property Rights Development Agreement for 10 years to August 5, 567 2019 568 Exhibit "G" — Buildout Chart revision 569 Exhibit "H" —Outstanding comments dated April 22, 2009 from the Town Engineer. 570 Exhibit"I"— Drawing illustrating snowmelting system exempt pursuant to the waiver 571 provisions in Ordinance No. 11, Series of 2008. Exhibit "A" Town Council Ordinance No. 9, Series of 2009 Insertion for — Re-zoning map exhibit and legal description AYENDI MT TO THE ORICAL ZONE DIY1WR YAP FOR' y SNOWMASS INTERFAITH CHAPEL LOT 1 LOT LINE ADJUSTMENT PLAT LOT 2 SNOWMASS INTERFAITH CHAPEL SUBDIVISION A LOT 2A SNOWMASS INTERFAITH CHAPEL SUBDIVISON REPLAT " A"' A PARCEL OF LAND SITUATED M SECTION I TOWNSHIP 10 SOUTH, RANGE W WEST OF THE 0th P.M. COUNTY OF PITIUN. STATE OF COIAP. A00 y S n 4 TRACT 41 TRACT 42 PC} JVIA' Opf¢ V m• Nf 4YS IPNTI vur sgYtC IYMNIAx LADY . fi/ AM1I/ S/OI M'xL[/ WI'•. INYtViA SR}Y b1vPl F /- ALM' C wAlS6Ol4x• YIB, q D( RLPeO b N, BNIOAM OI OIJy POD{. fA1/ 63YrIb RRVnS wY 1flFJ R¢' SOHN ASyY y- 44 W- 1. C: fl6£ NILY PIIO 1/ 4YRM ftTl V SL91Ke rev 11./ ySp fuSM N/ dF4/ 6V 3Y'M'%?/ fiWr. JMI ( A / 9PECIItA 1 P. tl1fYt/ C/ lTxrtY . M SrJ. lnvl 9PA- 1 LLY DU DUPLE% IR( A 1Yfa4LK lAI li pYl CFatF SAO j PM. PLARMD MIT OA OPM SPACE D21' AOPYEAT A/0•• S. vv/ rovSO N/ lNAP m mZl/ IIO/ OSM/ KI h// IY. 1uca SRAx dRJ SPI- a/ IQ4N4' JtII OPIV SPI[ fI SOPRIS NG NEER NG - iL r cuP/ u' suA CM ON TA) m 602 YAd SITY1T. mm V moomm CAR6ONOUE rnlotun0 6i6HJ i4. e.„ me Pi01 T6Y- mu 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 Sit JULY 20, 2009 odeted:NE Final PUD Guide Table of Contents Section PaRe I Purpose 5 11 Intent S III Zone District 6 IV Planned Unit Development Uses and Dimensional Limitations 6 A. Allowed Uses on Lot 1 6 S. 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 B. Carillon Bell Sound and Impacts on Community 13 Deleted:ne 2 Snowmaaa Chapel Final PUD Guide July 20,2009 XI. Enforcement 14 XII. Modifications to the Final PUD Guide 14 A. Major Modification 15 B. Minor Modification 15 C. Determination of Use Compatibility 15 Deleted:ne 3 8nowmass Chapel Final PUD Guide July 20,2009 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: 4 Snowmaes Chapel Final PUD Guide uy;20,2009 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. This is 120 permanent seats and 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:ne S Snowmass Chapel Final PUD Guide Jujx 20,2009 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 Accessory Maintenance Building,which may include the golf course restroom Deleted:ne 6 S.......Chapel Final PUD Guide Jul E0,X009 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 1 105,023 SF Lot 2A 71.089 SF Total 176,112 SF F Maximum Gross Building Ground Coverage Existing Chapel Building 6,720 5F Existing Community Center Building 3,005 5F New Sanctuary Building 9,240 SF Maintenance Building 872 5F Total 19,837 SF Deleted:ne 7 Snowmaaa Chapel Final PUD Guide Jule 20,7009 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 872 SF 872 SF Lower Level 825 SF 780 SF Total New Construction 19,662 SF 18,297 SF Total PUD 31,595 SF 29,635 SF 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:ae 8 Snowmaes Chapel Final PUD Guide JuLX 20,2009 45%Existing Grade Maximum Steeple Height 68.92 feet from finished grade 68.9 feet from existing grade Elevation at Top of Steeple 8232.69 Feet and appurtenances I. Residential Dwelling Unit Number Unrestricted 0 Number Restricted 1 Minimum Unit size 620 SF Bedrooms 1 Units/Ac on Lot 1 1/2.361 Ac J. Minimum Open Space Lot 1 Square Feet Provided 85,211 SF Percentage of Site 81% Lot 2A Square Feet Provided 71,089 SF Percentage of Site 100% Total Square Feet Provided SS3,679 SF Percentage of Site 88% K. Minimum Number of Parking Spaces and Operating Plan Lot 1 handicapped 3 Lot 2A regular(minimum) 115 Lot 2A handicapped 3 Total Minimum Spaces Required 121 SCI shall manage the parking in accordance with a Parking Management Plan set forth fo.mata d:Indent:Left: 0.5,Flrst in the Community Benefit Development Agreement between the Town and SCI. One: 0• Deleted:ne 9 Snowmasa Chapel Final PUD Guide ALL,20,8009 r Deleted:9 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. 50 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 2/ set forth in a Development Agreement - Deleted:.and such parking may be between the Town of Snowmass Village and Snowmass Chapel Incorporated shared under ajolnt use parking agreement with Anderson Ranch An$ Development Agreement")dated 200 . Meted:ne 10 Snommoae Chapel Final PUD Guide Jul 20,2009 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 be downcast and pole mounted fighting fixtures shall not exceed 10 feet in height or 50 watts.They shall be color corrected metal halide lamps to achieve the most compatible 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 alteration to such lighting following the Final Plan approval shall require the light to be brought intosonformance with the lighting standards herein, Deleted: to a non- Deteted:Ing light 5. Up lighting of dense tree canopies shall not exceed per fixture 35 watts and 150 square feet of canopy. Deleted:ne 11 Snowntaea Chapel Final PUD Guide July 20,2009 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. 5. Weddings 6. Carillon concerts Deleted: 12 Snammasg Chapel Final PUD Guide Juf190,9009 B. Carillon Bell Sound and Impacts on Community Deleted:9 The duration for each occurrence shall not exceed one minute,with the - _ __ Staftnotes that the Town Council appeared to accept the idea of carillon exception of a carillon concert that shall not exceed fifteen minutes. concerts. SCI discussed this during the Preliminary Plan and agrees. SCI proposes that the Final PUG Guide allows SCI shall use best management practices to ensure that sound emanating the use of the carillon bells as follows: 9 from the bells does not create substantial interference with the eace and g p Carillon bells are permitted for the solitude enjoyed by residents of Snowmass Village.I following purposes. a 9a. Noon9 3, Use of the bells is limited to hours between 8:00 AM and 8:00 PM. b. Mem.rl.I:a a Worshlpservices9 d. Spedal National and Community With the exception of the carillon concerts,the use of the carillon bells shall Events,such as Memorial pay,4n of July be limited to a maximum of two times per weekday,three times on Saturdays,,', andorationoftheactivities Invplveacelebrationofthecommunityand and four times on Sundays, gathering of community resldents.tl e. Weddings9 L Carillonconcerts9 5 The use of the carillon bells shall be limited to one occurrence for each n memorial,worship service,wedding,event or activity. Carillon Bell Sound and Impacts on Communiry9 Deleted:a Fj, The use of the carillon bells may be used at noon time. However,if after a Deleted:Is trial of one month there are"significant'community complaints,as determined by the Town Council,SCI will discontinue the use of the carillon Deleted:c bells at noontime on weekdays and Saturdays only. Deleted.d Deleted:e 77 The use of the carillon bells for a concert may occur periodically throughout Deleted:f the year for special events,community activities,and holiday celebrations. Deleted:I, SCI shall provide a schedule of concerts to the Town and adiacent property associations in advance. If the Town Council receives significant and meaningful complaints about the use of the bells for concert purpose,SCI will restrict the use of the bells for this purpose to no more than six times per year. There shall be a target sound level of 65 dB measured at the property line for - Deleted:h the carillon bells. It is recognized that this sound level is a target to ensure acceptance in the community. However,it is also recognized that the bells are unique and it is difficult,at best,to determine the sound levels that will be generated in advance of installation or because of day-to-day environmental conditions. Therefore,following occupancy of the Sanctuary building,site restoration,and installation of the carillon bells,a sound test will be performed by SCI and the Town. If it is determined that the sound exceeds 65 dB,then SCI shall apply to the Town for a variance for this standard. SCI will use reasonable best management practices to attenuate noise generated from the bells and the only criteria that shall be applied by the Town for Deleted:ne 13 Snowmaaa Chapel Final PUD Guide JULY 20,Z009 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 provided to herein. These shall be as follows: 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 Deleted:ne la Snowmass Chapel Final PUD Guide Jail,20,2009 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:ne 15 Snowmass Chapel Final PUD Guide Jufy E0,2009 EXHIBIT 1 Legal Description of Property Snowmass Chapel Final PUD Guide July 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 Snowman Chapel Final PUD Guide July 20,2009 eR.A e acct 0 as I!' Y'1 v !`\\\\`\\\\ µ ms\ - A/•• n m. uuwi NOT FOR CONSI411CTION t l , ,.. Ct3/ % C,' 1_ n.. r' n. \. \ .... nr / aama ceua t•" J e \\\\. a e \.• m cy.\. y /+ a a ' mom, r'..-..._..._•\, \' ll •. I . aun 14 EXHIBIT 3 Architectural Elevations and Building Materials 5nowmass Chapel Final PLOD Guide July 20,2009 A 1 s 11 nen n ELF Yb v T.O. MCHARM EL. 101' ' 81M. anon 000NC_ _ T. dam' SNOWMASS North Elevation CHAPEL August 21 2008 scale: 1/ 80 = 1'- 0" T.O.MEKwTuim e1 imm.vo. woof CHE T.0 RIDOE nom. m. v.. i— tz E°. 707( aIW. 1 I_ I 61! TO FF. MFIIANINE ELM11 - 1T621J r.o. F ( 91emo 1 e FMNNlw E% ISi1N0 OAUNfIY CEMER BUIDMp o= B1Bl. SNOWMASS South Elevation CHAPEL August 21, 2008 TAFF N SNOWMASS East Elevation CHAPEL August_ 21, 2008 TOS EP1E T.O. RIGOE 1t EL. t4^- 0• Immzrl I I I rF I III '. T.O. PoIXiE j Xi, T, X `. +( rl%%/.. C X I' X,r `^ 1 y < 3 w nowm ffi• 1 Bt n/ r . Ynfy. lk yl' rxr Y'. , rX ! . T: '" JC. i. .< IF. IIi11 aEC• iaiEU. ij . i t c . il I. 1 TO FF MFIIANINE Httw Inv) TA. 1F. F. CN/ WOH ' Gt'-0' TO. CONO. IDWE( t ELM - 0•( 1161. T1 SNOWMASS West Elevation CHAPEL August 21, 2609- scale: 1/ 8-'.= 1 0" HEIGHT UMR B. ( 820831') T.O. F.F. MAIN IFKI i 4 T.O. CONC. LOWEN 1-4 1A SNOWMASS North Section T_ hru Sanctuary CHAPEL March 30, 2009 scale: Ys" = 1'- 0" FEWMAX HFIGHI B232 69 Main toots: Diamond patterned or shingle style synthetic slate stringles flill 111 WWI siding: Rusted steel or wood borunrow siding veneer Secondary 1 b I II t" roots: Standing d steel or copper Columns and beams:, o Elevation East Sample Materials Palette Legend scale: 1/ 16'= l'-O" I Q O Y I wmm, nw j TEL. Vnnori LJ u• ea O O i a b• au.. n PRO _ SNOWMASS CHAPEL MAINTENANCE Elevations I i EVAnON BUILDING August 21, 2008 ( REVISED MARCH 30, 2009) M E: ELEVA710N 1p O SNOWMASS CHAPEL MAINTENANCE ORiT Elevations NELEVATON BUILDING l 1M 1'-0 August 21, 2008 ( REVISED MARCH 30, 2009) scale. 1''= 0" 4 Q PAS iew Ll - 1 O O OW aNNAL SECTION SNOWMASS CHAPEL MAINTENANCE Section BUILDING i• y i E x . . s. . -,...- '=• . 7.. _ .: a..:., o" n„+., r°.; 43.- Z•r, Sd- .,?'` o Xa.. : SCB e: , Main gable root: shingle style synthetic slate shingles, color fa match chapel shingles 08, 11d ncrete laudation walls I Secondary roof: Corrugated rusted steel Steel column: this location only Wood siding- Stain Columns and beams: Douglas Fir heavy timber Wood siding- Painted green Sample Materials Palette Legend Maintenance Building - Northwest Perspective EXH I BIT 4 Campus Building Height and Floor Area Snowmoss Chapel Finol PUD Guide Jury20,2009 I IXISTIN CHAPEL AREA p CHAPEL 5, 1205. F. CARETAKER 620 SF. n p MECHANICAL 110 S.F. ( EXEMPT) TOTAL AREA 0, 050 G.S.F. COVERED WALK 870 S.F. CHAPEL FLOOR AREA 11, 7200. S.F. W-W MECHANICAL 110 S.F.( EXEMPT) MAX NET FLOOR AREA 8, 810 S.F. PER L.U.C.) 413- 33'- T li EXISTING COMMUNT' CENTER LONER LEVELAREA I CC LOWER LEVEL 2, 283 G.S.F. I L_ COVERED WALK 5428. F. I I COVEREDAREA 200 S.F. ( EXEMPT) I I CC FLOOR AREA( LOWER) 3, 005 G.S.F. COVEREDAREA 200 S.F. ( EXEMPT) I LOOR AREA 2,8(15S.F. PER I PER L.V.C.)CHAPEL FLOOR AREA 0, 720 G.S.F. CC FLOOR AREA( LOWER) 3005 O.S.F. LOWER LEVEL FLOOR AREA 8, 72S O.S.F. CC FLOOR AREA( UPPER) 2200 O.S.F. 1 TOTAL FLOOR AREA 11, 033 G5. F. I I I p FAR PER L.U.Q: AY CHAPEL 8220 S.F. CARETAKER 820 S.F. I COVEREDWALK 870 S.F. I OC LONER LEVEL 2283 S.F. n I I CC COVERED WALK 562 S.F. I I CC UPPER LEVEL 1, 023 S.F. I I TOTAL NET FLOOR AREA 11, 330 S.F. Existing Chapel Et PER LU. C.) Community Center SNOWMASS Lower Level Floor P I ___________ ___ CHAPEL j / 1LI U$ t 2' - 2008 ' F. '¢ ;. S- . 4,+, t:i3: k ° ,' 44. . ate - v : e,, n." i ? Tt' •. o- - c.,'. j w.. > >. `-. r- irc+-., 1.`_. 5. .-(' 1—, r1/ ru 1. i:7: 1 uL 9._ _.., -.' • E" 6.- : g . gala• 1Rd— 34'-0' EXISTING COMMUNITY CENTER AREA UPPER LEVEL DEC CCUPPERLEVEL 1, 523S. F. MECHANICAL 45S. F. ( EXEMPT) STAIR 21 98S. F. ( EXEMPT) STAIR 02 55S. F. ( EXEMPT) a DEC CLERESTORY 47S. F. ( EXEMPT) MAX 70TALAREA 2, 208 G.S.F. I I DECK 220 S.F.( EXEMPT) 1c— TOTAL AREA 2, 208 G.S.F. MECHANICAL 45 S.F. ( EXEMPT) STAIR 01 28S. F. ( EXEMPT) STAIR 02 95S. F. ( EXEMPT) CLERESTORY 47 S.F. ( EXEMPT) NET FLOOR AREA 1, 523 S.F. PER L.U.C.) Existing Community Center SNOWMASS Upper Level Floor Plan CHAPEL LOWERLEVELAREA COUNSELLING 1. 145 S.F. CONFERENCE 1. 605 S.F. i STORAGE 5109. F. i IA ANCILLARY 865 S.F. CIRCULATION 1. 810 S.F. 1 _ N'B H MECHANICAL Bhp H.F.( EJOMPf) TOTAL AREA 8. 725S. F. CONFERII ROOM W J; COVERED WALK GOD S.F. TOTAL FLOOR AREA 7, 325 G.S.F. LOWER LEVEL) COH\ C TOTAL FLOOR AREA 7, 325 G.S.F. ROOM W MECHANICAL 840 S.F.( EXEMPT) c FERENCE NET FLOOR AREA( LW 8A65S. F. PER L.U.C.) EXISTING COMMUNITY CENTER at f JJI Y SNOWMASS Lower Level Floor Plan CHAPEL August 21, 2008 ( rev. Mar. 30, 2009) 9 scale: i " = 1'- o'. MAIN LEVEL AREA CHANCELISANCTUARV 4, 700 S.F. i A i j BACK OF HOUSEISTOR. 335 S.F. ANCILLARY 1553. F. STAIRS/ ELEVATOR 3110 S.F.( E]( EMPT) i CIRCULATION 1, 050 S.F. TOTAL AREA 7. 2W S.F. COVERED WALK 1. 010 S.F. TOTAL FLOOR AREA 9, 2400. S.F. MAIN LEVEL) 1 TOTAL FLOOR AREA 3 0S.F. r 3 STAIRSIELEVATOR 390 S.F. fEfO= MPf1 NET FLOOR AREA( ML) SAW S.F. In, . PER LU. C.) A LOWER LEVEL 7, 325 S.F. MAIN LEVEL 9. 240 S.F. UPPER LEVEL 74009. F. TOTAL FLOOR AREA 17. 385 SP. FAR PEREVELLOWER LEVEL 8. 485 S.F. MAINLEVEL 8, 350 S.F. UPPER LEVEL 1. 3105. F. I TOTAL NET FLOOR AREA 18, 8455. F. i 1i1 l SNOWMASS Main Level Floor Plan CHAPEL August 21, 2008 ( rev. Mar_ 30, 2009) S-w----------- INIFAICR UPPER LEVEL AREA MEZZANINE 350 S.F. ANCILLARY W S.F. STORAGE 320 S.F. STAIRS 90 S.F.( EXEMPT) E TOTAL AREA 1. 400 S.F. E TOTAL AREA I. QD S.F. STAIRS 90S. F.( EXEMPT) NET FLOOR AREA( UL) 1, 310S. F. OPWTAB PER ILLI. C.) IIs ATLIC VATV SERVICE AREA( EIEMPT) EXISTING COMMUNITY CENTER Hi II HtSELL STEEPLE AllOVE SNOWMASS Upper Level Floor- P_ lan___________ 1716 V- 0 CHAPEL August 21, 2008 ( rev. Mar. 30, 2009) UPPER LEVEL GARAGE 350 SF ECOVERED AREA 12 SF 24X. 5• 12) TOTAL FLOOR AREA 372 SF UPPER LEVEL) LOWER LEVEL 325 SF UPPER LEVEL 372 SF TOTAL FLOOR AREA 1397 SF FAR PER L.U.C. M LOWER LEVEE 750 SF UPPER LEVEL 872S N____. I___ f___.. ________ TOTAL FLOOR AREA 18523E ro i Z Y m raw m----- --- r._ PER LEVEL FLOOR PLAN SNOWMASS CHAPEL MAINTENANCE Upper Level Floor Plan - Floor Area Calcs BUILDING August 21, 2008 ( REVISED MARCH 30. 2009j_ scale: - 178"= T'- 0"® LOWER LEVEL E21STORAGE US SF i jI. tECHANICK( FAR) 132 SF ILI_ III MECHANICAL 45 SF( EXEMPT) TOTAL FLOOR AREA 825 SF LOWER LEVEL) TOTAL FLOOR AREA 825 SF MECHANICAL 45 SF( E) TW T) ic. eer _ NET FLOOR AREA( LL) 780 SF PER LO. C.) i O g o I e F LEVEL FLOOR FWI SNOWMASS CHAPEL MAINTENANCE Lower Level Floor Plan BUILDING August 21, 2008 _ 0 5 6. TOILETS CARETAKER EXCOVE D O WALK Y Y OFFICE 00000 22 i STOR KITCHEN qG93EM:)13 00000000 O MECH OILE S PLAY 1 o0 OO9Q000 ENTRY 0000 "00 01320 IST. 00clEl 0 00 COVEW Y 000020 0000 CONF 0 O R57 20020 02009map 0 0 002222[ Tm0020 2000/1100 1m0000 S iy}-i..G 30I6L5 j,wAGt rj{pC T l Avenge Building Height Calculation Snowmasa Chapel Sanctuary CCY AMhOacts..Ltd. M 8212008 Method:peek roof plan into augments,mlwlale area ewraoe height and volume for each segment,total Bose fir each building and campus. Fxlstfnu Chapel liuleB Communl Dambu Av.ML CI M1 % Amu ot M1. • Vdune w. Ay.1il a mat M1 X1 Arse ol R = Volume a.fL 27 x 258. 8912 11.5 x 542. 6133 24 x 240- 5780 11.5 x 48- 552 15x 4517•67755 21 x 541• 17881 14 x 100- 1400 21 x 828= 17348 11.5 x 600. 6900 20 x 160= 3200 13 x 1007-13091 29.5 x 388• 11446 Total Building Volume 101018 Taal Building Volume 58438 Total Building botpdm • 6720 Total Bolding footprint 2805 Bufldng Av.F/L d.dMded by F m It 15.1 Building Av.ML oLdivided by FOOWMV 0 ft 20.12 Chs I Banclu Av.ML 1H merit % Area of Sanvent e Volume w,M1. 1 38 x 185. 6270 2 47x 850=39850 Total Campus volume 438,056.80 ou.R. 3 33 x 4,000-132000 TOW Campus foohndnt 19,620.80,d. 4 37 x 645.23885 5 17.5 x sm. 8750 Av.HL Of campus 22A6 R 6 17 x 770- 13090 7 19.6 x 1.380.26520 0 13.5 x 510. 7290 AN Bguma are apprcvbnele,based on 80%Conebudlon Documents. 9 18.5 x 280 5365 AN heights em Nam pdoremtfog grade. 10 20 x 875 17500 Av.HL is midpoint behsen eave and Mee of a sloping roof. Told BuflcWV Volume 280600 Told Building laotpdnt Boss sample)9,995 Building Av.HL oLdivlded by Foolixind(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 RECEIVED APR 0 6 1009 Jtwww000 .mdge Community Development 1t` 11 ;; 1w i p.• i'` i V,s: N; to 6 as Fmfi=. t -, rte SW-8430i i— NINE4 Fdt rOOM IMF MW = x„ 17 f II i mOM1 xWet= z L' c. T v7v p r^ ry Qq Y nctiwa^ ir-^ . -- t{' i ,.... " ra,.^ {.,% j t'" n•° dr... s. j 9 B6 mP 1 N1 . 1l R T_ i 1 J 1. . T1' COMMUNITY CENTER i Er. . e, Gb.RI' 61RV 3. i I QF O Nm loa RFwM m NRI SNOWMASS Site Plan CHAPEL locating elevation markers ' EXISTIN& GRADE I August 21, 2008IREftEDDMARCH 30.: 20091- scale: 1'= 20' 0' I l COMMUNITYER 511{ , 51 I CEM I rr. 1 1 1 I 1 OBE I 1 b TD I I Nf . R b o e U1] 1T!' SNOWMASS Site Plan_ CHAPEL locating elevation markers FINISH GRADE August 21, 2008( REVISED MARCH 30; 2009)- scale: 1'= 294Y HEIGHT VARIATION FROM EXISTING GRADE, MORE THAN 50% OF BUILDING AREA WIU. BE UNDER THE 40' HEIGHT LIMB FROM EXISTING GRADE.BUILDING FOOTPRINT 9. 240S. F. STEEPLE( EXEMPT) - 12DS. F. BUILDING AREA BELOW40' HEIGHT UMIT( 5, 060 S.F.) BUILDING AREA ABOVE40 HEIGHT LIMIT( 4, 060 S.F.) i 1 1 J f 1 F - SNOWMASS Main Level Floor Plan CHAPEL Is ,_Angus 2rt1M2008 fir ss Fes__ nu t rL; Seale. / s _ rl,' r HEIGHT VARIATION FROM FINISH GRADE, MORE THAN 50% OF BUILDING AREA WILL BE UNDER THE 00' HEIGHT LIMIT FROM FINISH GRADE.BUILDING FOOTPRINT 0, 240S. F. STEEPLE( E% EMPT - 120 S.F. 9. 120 S.F. BUILDING AREA BELOW 9B HEIGHT LIMIT( 5255 S.F.) BUILDING AREA ABOVE 40' HEIGHT LIMIT(], 085 S.F.) 7/o I 1 I I I f o IST UNI CENTER BE C C TEEP, OO SNOWMASS Main Level Floor Plan CHAPEL EXHIBIT 5 Landscape Plan Snowmam Chapel Final PUD Guide Jury 10,2009 r z dEE 4 d laelid Z . . . o21ttE°a EEt$ € = E 1 " @d i °d • ja y p g'9' _{A m gp n gd t 7 C f7 6 di At Sitg flit fill fill I fin 1 11111 i 2 z t^-;..,,. '++ -^ _.,. `\; ., l i yg• GEESE 1i,. ,,,. " A'! E o E ec:GEGeyecccccc Lti)o . ' - „_ . 'x 191111lIl1111li1 t v 1 I LANDSCAPE PLAN SNOWMASS CHAPELI U i 111 L PLANT LIST QUANTITY BOTANICAL NAME SIZE SPACING CONDITION COMMON NAME TREES 8 MALUS'DOLGO' 1 1l2°CAL.AS SHOWN MATCHED, B&B it DOLGO CRABAPPLE 30 PICEA PUNGENS 8' HT. AS SHOWN B&B COLORADO SPRUCE 7 PICEA PUNGENS 12' HT. AS SHOWN B&B COLORADO SPRUCE f5 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. 5'O.C. CONTAINER ALPINE CURRANT 68 JUNIPERUS COMMUNIS'EFFUSA' 2 GAL. 5'O.C. CONTAINER COMMON JUINPER 18 RIBES ALPINUM 2 GAL. 4'0.C. CONTAINEROALPINECURRANT 24 SPIREA VANHOUTTEI'RENAISSANCE'5 GAL. 5'0.C. CONTAINERORESAISSANCESPIREA GROUN ©COVER 5,515 SF /// AR N'OSTAPHYLOS UVA-URSI 4° CONTAINERS @ 24°O.C. 1,177 SF ANNUAL COLOR PROVIDED BY OWNER 3,830 SF SOD EXHIBIT 6 Lighting Plan Snowmm Chapel final PUD Guide July 20,2009 I y t 1G a I(J {c c \ •Gt s G i t li V I I J LiV I i SNOWMASS CHAPEL-EXTERIOR 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 2009. C]EI { IED 1. Recitals JUL 0 8 1009 For the purpose of interpreting and giving effect to this Agreement, the Town and the Snowmass v®d eSubdivideragreetothetruthandtheaccuracyofthefollowing: 0011 munity Development 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. C. The terms of this Agreement shall constitute the Subdivision Improvements Agreement between the Town and Subdivider. d. 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. e 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 July 20. 2009, the Town Council of the Town of Snowmass Village, _- Deleted: after holding all necessary public hearings, approved Ordinance No.9e Series of 2009_-,-- Deleted: 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. 9e Series of 2009_, .- Deleted: are performed by the Subdivider. Deleted:ae Page I Snowmass Chapel Subdivision Improvement Agreement Joy;J0,1000 _ 2. Public Improvements. To complete the construction of the new-Sanctuary and all related utilities and other site ,. - Deleted:Suncmary 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. 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 . Deleted:ae Page 2 Snommau Chapel Subaa-man Imp,awmenrAgreemenr 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) Parking 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 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. Deleted:or coosvunlon xi. Partial Completion Revegetation. Following commencement pf ; Deleted:c construction of any improvements set forth in this Agreement, SCI shall revegate the site if Deleted:h'miowiap me construction ceases as follows: Deleted:eiion of a. In the instance that. SCI obtains a partial permit Deleted"d from the Town for the ouroose ofjnstallin he underground utilities,_as allowed in Section 3_1 Deleted:.6. below, all disturbed areas related to the installation of said utilities shall be revegetated with Deleted: -d ii) natural grasses and temporary irrigation shall be provided to establish the grassprovided that Deleted:Am full building permit has not been issued for the Project. In the event that,COnstructioon activity Deleted:d related to the installation of the utilities Leases for any reason Lot 90 days, the disturbed area_,,` . Deleted:ne Page 3 Srmwmm+Chnpe/Subdi,vion/mpmsemem Agreement Ju(!•0;3009-_-__-- shall graded and reveeenued with natural Brasses and a temporary irrigation shall be provided to establish the glass unless otherwise approved by the Town Council. When the 2R days Deleted: for a period of 180 dap. terminates during the winter season,revegetation shall occur before June I of the followin,year _ "' Deletee:mate event that the Deleted: 180 b. Following the issuance of a full building permit,Deleted; 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 unless otherwise approved by the Town Council. xi) Boundary Survey Monuments. Upon completion of this Subdivision and the construction of the Project, 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. Following approval by the Town Engineer of the all related construction drawings and construction cost estimates, SCI may at its discretion apply for a oartial permit from the Deleted: initiate and Town for the purpose of installing and completin-_the_installation of the under round water_;' - Deleted:a distribution system, sanitary sewage collection system, and master gas, electric, telephone, and Deleted: cable utilities in advance of the issuance of the Cull wilding permit_for the Project if SCI-, Deleted:ne Page 4 Snowmon Chepet Snbalhismo fmproremem Agreement Jn(rJpad09 demonstrates to the reasonable satisfaction of the Town Council that-S-C has sufficient funds_ Deleted: available to complete said utilities, to restore the ground surface, and to evegetate 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 in compliance with Section 12, which shall be approved by the Town in the amount sufficient to ensure therestoration orthe site to the vieconstruction erade,and revegetation Willi a Deleted:site seed mix as set forth in this Section following completion of the underground utilities. The Deleted: security shall be released in accordance with Section 12 below. In the event that a full buildin<, permit has been issued before the utility installation is complete, SCI shall not be required to temporarily restore and revegetate the site as stipulated in this Section. 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 Council that ninety (90) percent of the funds necessary are available to complete the Project. Prior to the issuance of the building permit, SCI shall provide a security as set forth in Section 12.1 to ensure the completion of all public improvements with the exception that security shall not be required for those utilities -- Deleted:am inning install and conspletedns allowed mSection 3(x). Deleted: Deleted: of those that may have been d. Construction Management Plan anpleme Deleted:uada 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". 5. 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. Deleted:ne Page S Saa.mt Chapel Subdivision Improcemenl Agmemenl 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 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 he reimbursed by the Subdivider. 6. 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 all costs necessary to improve or serve the Subdivision. 7. Warranties The Subdivider shall warrant the installation of the Public Improvements described in Section 2 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. 8. Legal Compliance 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. Deleted:m Page 6 Snmcmnv Chapel Subdivision lmpro,emenl Agreement 9. 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 10. 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 2, 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 12,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. 1t. 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. 12. Security Deleted:ne Page 7 Snowmnv Chnpe/Snbdivuion fmyrourmrm Agreement Jn(rJa_5009_ 12.1 Collateral. The Subdivider has prepared engineered cost estimates for all Public Improvements to be installed by the Subdivider. A copy of the cost estimate for Public Improvement is attached as Exhibit"F." If there is a substantial delay between the approval of this Agreement and the commencement of construction, the Town Engineer may require an - Deleted:eonanaction update of this cost estimate. 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 set forth in Exhibit F, as it may be updated, for any or all Public Formatted:Not Highlight Improvements„,as allowed in Section 3r above. The Subdivider shall pay all costs incurred in - Formatted:not Highlight obtaining the letter of credit. The letter of credit shall be in a form approved by the Town 'r, Deleted: that have not otherwise been Attorney and issued by a State or National chartered commercial bank and shall, among other '1. secured things, entitle the Town to draw on the unconditional letter of credit by presentation to the - Formatted:not Highlight issuing bank of a certificate that the Subdivider is in default in its obligations to install Public Deleted:set forth in Improvements under this Agreement, that a sum certain is required to cure the default, and that Deleted:(a) the issuing bank shall forthwith deliver the sum certain to the Town. Nothing herein shall limit Deleted: prior to are issuance ofe any other remedies available to the Town, building pe nnit 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. 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 terns 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 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 of the warranty period the remainder of the letter of credit or warranty bond shall be released by the Town.Deleted:ne Page 8 Smartest Chapel SnWivision lmproremenr Agreement A4,20:2009. - 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. 12.4 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. 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. 13. Extension of Due Date The construction completion date for installation of Public Improvements required in Section 2 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 2 above unless specifically approved by the Town Council. 14. Non-Suit 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 . Deleted:ae Page 9 Snoxmau Chapel Subdivision lmpwitmem Agreemeal Jnfy j0_1009___ _ __ _ __ 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. 15. 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. 16. 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 Subdivider'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. 17. 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. 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. oetatea;ae Page 10 Snowman Chapel SubGtrision lmprommmr Agaemenr Ju(lj0_1009_ _ 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. 18. 1 n d e m n i f is a t io n/1 n s u ra n c e 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 parry 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. 19. Waiver of Defects Deleted:ne Pagel l Saunmass Chapel Abdirislon/mprowmem Agreement Ju&,10,1009__ 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 4tf_ Deleted:of condalone 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. 20. 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. 21. Modifications This Agreement shall not be amended, except by subsequent written agreement of the parties. 22. 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. 23. 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. 24. 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. Deleted:e Page 11 Snarmav @nprl.Tnldivuinn lmyrorcmmr Agre<mrnr A,".0_MOP----- -------- 25. 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 Town of Snowmass Village PO Box 5158 Carbondale,CO 81615 Subdivider: Snowmass Chapel,Inc. PO Box 17169 Snowmass Village,Co 81615 26. 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. 27. Titles The paragraph titles in this Agreement are for convenience only and are not to be used to construe or interpret this Agreement. 28. Estoppet/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 . Deleted:e Page 13 Sno,,.is Chnpd Subdivision lmpro.m A,eemem Ju 0.7009 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 7 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, 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) Deleted:nc Page 14 Snowmass Chapel Subdivision Improvement Agreemem A 0.]009 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,by as of Snowmass Chapel,Inc.,a Colorado Corporation. Witness my hand and official My commission expires: Notary Public Deleted:ne Page 15 Snmcmmt Chapel Subdivision Imprmenient Agreement Jule'20.1009_, EXHI BIT"A" LEGAL DESCRIPTION Deleted:ne Page 16 Aw.o.2000 EXHIBIT"B" ENGINEERED PLANS AND SPECIFICATIONS Deleted:ne Page 17 EXHIBIT"C" TRANSIT PASSENGER WAITING SHELTER Deleted:ae Page 18 Snaumaei Chapel Subdimsiod lmproaemem Agreement A&I?O_1009 __,__. EXHIBIT"D" BRUSH CREEK BANK STABILIZATION AND HABITAT RESTORATION AND ENHANCEMENT PLAN Deletid:ne Page 19 EXHIBIT"E" LANDSCAPE PLAN Deleted:n Page 20 Sa..Chapel SubdNW../mproHrmem Agreemrm N(1 j0,1009 EXHIBIT"F" SUBDIVISION IMPROVEMENTS COST ESTIMATES Deieted:at Page 21 Sao..=Chapel SubdiWom f.pmm.t Agee,.,w lng_7000.- ---- --- -- ---- --------------- ----------------- -- ---- ------- ---- EXHIBIT"G" SBDIVISION CONSTRUCTION MANAGEMENT PLAN Deleted:ne Page 22 Snoxmmau Chapel Subdivision Impmivment Agmemem Ja 0.1009 Snowmass Chapel 5307 Owl Creek Road Snowmass Village, CO 81615 Sanctuary Addition -Construction Management Plan June 20, 2009 RECEIVED IJUL 0 8 2009 snowmabs .._.,a OIYDta 4 Development 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 Table of Contents 1. General Contractor Selection 2. Team Structure 3. Construction Schedule 4. Site Management Procedures A. Site Drainage/run-off control/ground water B. Hours of Operation C. Communication with Anderson Ranch & Fire Station and Coordination with Major Community Events D. Noise and Lighting E. Traffic Control F.Manpower/Trade Analysis/Employee Parking G. Site Clean-up/Housekeeping H. Fencing and Protection/Staging Areas I.Safety J.Final Cleanup/Grading/Revegetation 5. Ongoing Coordination and Review by Town of Snowmass Village Page 2 of 12 1. General Contractor Selection Fenton Construction of Aspen, CO has been chosen as the General Contractor for the project. 2. Team Structure The construction team will consist of the following: A. Owner- Snowmass Chapel, Incorporated B. Design Team- Lead Architect - Larry Yaw with Cottle Carr Yaw Architects. C. Owner's Representative/Construction Manager- Phil Vaughan Construction Management, Inc. (PVCMI) D. General Contractor- Fenton Construction 3. Construction Schedule The total construction duration is anticipated to be 18 months. The following is a brief description of the phasing and durations. A. Mobilization and site utilities relocation- 30 days. B. Excavation, forming and pouring caissons or micropiles & stemwalls, backfill- 120 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- 35 days. 1.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. 4. Site Management Procedures Before any construction occurs on the property: A. Site Drainage/run-off control/ground water All site drainage and run-off control will be conducted within the rules set forth by the Clean Water Act National Pollutant Discharge Elimination System (NPDES). The primary goal of our Best Management Practices is to protect Brush Creek, Prior to the commencement of any construction on the site, Snowmass Chapel's construction manager or contractor will meet with Town officials to review all aspects of the construction and detailed construction management and best management plan measures proposed in this application that will be used on the site. Snowmass Chapel will take into consideration any request from the Town. with respect to other reasonable construction management actions that will further minimize the effects of construction on the environment and public roads. Snowmass Chapel will respond in writing to any request from the Town, describing how it will implement measures suggested by the Town or how it will resolve any potential problems identified by the Town staff. If the Town staff does not find that Snowmass Chapel's response is appropriate, the Town staff 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 Snowmass Village has the ability to require detention ponds during construction if actual field conditions support the need for them in order to further minimize the effects of construction on the environment and public roads. 2. Tree & Vegetation Protection-All trees and vegetation that will not be disturbed from construction will be protected prior to commencing construction by a temporary construction fence. 3. Handling and Spill Prevention-Where possible, materials will be stored and handled in covered areas to prevent contact with stormwater. Owner's Representative and Fenton Construction General Contractor shall identify spills and containment and cleanup measures shall be taken. 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 25 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 property 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 4. Sediment and Erosion Prevention- Energy dissipating material, such as riprap, will be placed at stormwater outfalls to prevent erosional damage at Brush Creek. Silt fence, straw bales and other stormwater management measures shall be taken to preserve excessive soils erosion by wind or water. All excavated surfaces shall be maintained with adequate moisture to prevent wind erosion. Wash racks will be installed on-site to prevent mud from being tracked onto the Snowmass Chapel parking lot and onto Owl Creek Road. S. 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. 8. Snowmass Chapel's construction manager/contractor will ensure that any mud tracked onto the public streets will be removed in a timely manner, which will be no more than four hours. Snowmass Chapel will use the best methods for remove mud from the public roads, which may include a street sweeper or other effective means. 9. 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 project 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 project site Page 6 of 12 b. Hose down disturbed soil areas as needed C.Install a tire wash gravel tracking pad at entrance to job site d. Enforce a 5 MPH speed limit with job site e. Street sweep parking lot, Owl Creek Road and Brush Creek Road asneeded f.Revegetate all disturbed soil areas with seeding and mulch g. The Applicant will consult with the Town regarding all grading operations and suspend such operation when strong winds might carry dust beyond the property line despite implementation of all feasible dust control measures. 10. Snowmass Chapel will hold a meeting with the Town immediately if and when ground water is encountered during the construction of the new building. The purpose of the meeting will be ensure that appropriate designs and construction measures are used that will protect the surface and subsurface water from contamination from construction activities to the satisfaction of the Town. 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. It is estimated that approximately 6 trucks per hour with maximum peaks of 10 trucks per hour would be moving materials to and from the site. Wash racks shall be utilized on Snowmass Chapel property and thus street cleaning by skid steers will not need to be utilized during construction. Signage on Owl Creek Road and Brush Creek Road will be installed to note "Trucks Turning" and other caution Signage. A traffic control firm will be hired by the Fenton Construction General Contractor to coordinate signage and traffic control. All Signage and traffic control will be done as per the "Colorado Work Zone Best Practices Safety Guide" prepared by the Colorado Department of Transportation (CDOT)and regulations as set forth by CDOT. In addition,the "Model Traffic Code for Colorado Municipalities", 1977 edition as adopted in Chapter 8, Article 1 of the Home Rule Charter and code of the Town of Snowmass Village will also be adhered to. Before traffic control occurs on Brush Creek or Owl Creek Road, PVCMI and the traffic control firm will meet with the Snowmass Village Police Department to review the traffic control plan, including hours and days on which flagging/traffic control will occur. Seasonal Weight Limitations as set forth in Chapter 8,Article 1 of the Home Rule Charter and code of the Town of Snowmass Village,shall be adhered to. General Contractor and Owner's Representative shall coordinate with the Town of Snowmass Village Public Works director in regards to the seasonal weight limitations and special permits. All 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 public pedestrian path will stay in service during 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. Flaggers will be utilized at the path to direct pedestrian and construction traffic. A pedestrian crossing shall only be closed for a short-term nature to allow construction traffic to pass and clear the area near the trail. 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 Page 9 of 12 be housed elsewhere. This action will reduce interaction between the construction personnel and the general public riding the buses. The construction vehicles will be parked in an area designated by RFTA and/or the City of Aspen Transportation Director, or the owner of the property to be parked on. PVCMI will report monthly to the City of Aspen if parking occurs at the Highway 82 Park and Ride) and/or the Town of Snowmass Village and the parking area property owner regarding parking and transportation issues or concerns. 2. All deliveries of materials to the jobsite will be routed to the jobsite via Brush Creek Road to Owl Creek Road and then into the Snowmass Chapel/Anderson Ranch parking lot. Concrete 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. There shall be no staging of construction equipment or materials on Lot 2A (main parking lot) during an event or activity being held at the Snowmass Chapel or Anderson Ranch. I.Safety Page 10 of 12 Pre-construction organization and safety meetings will be conducted by Fenton Construction the General Contractor and the Owner's Representative. "Tail-gate' safety meetings and regularly scheduled safety meetings will be conducted by the General Contractor as required by the U.S. Occupational Health and Safety Administration and company policy. Personal Protective Equipment for construction personnel and construction site visitors will be required during the entire duration of the construction project. J.Final Cleanup/Grading/Revegetation Before construction commences on the property, SCCC's construction manager/contractor will establish a limit of disturbance fence to protect vegetation noted above. This will be reviewed with the Town staff during the pre-construction meeting. To the extent that trees are damaged or removed in the construction staging area, SCCC will replace those trees in conformance with the landscaping plan upon completion of construction of the facility. To the degree that soil removed for construction of the new sanctuary building will be needed to grade the site in conformance with the proposed plans,the soil will be retained and stocked piled on the site. The site final cleanup will occur during spring of 2011. The irrigation systems and landscaping will be installed during this time period. The construction staging area will be cleaned up during this time as well and the chain link fencing will be removed. The construction staging area will be graded to accommodate the new adjacent contours and gravel will be removed and hauled off-site. The temporary easement for landscape and grading is shown on the attached "Exhibit A". This disturbed construction staging area will be reseeded with the same mixture as utilized on the adjacent Snowmass Club property. This area will be maintained with the same care as other landscaping being installed for the project. Newly planted trees will be fenced to prevent damage. 5. Ongoing Coordination and Review by Town of Snowmass Village PVCMI will produce a monthly report to the Town of Snowmass Village that will address the following regarding each item within this plan: A. Changes to item within the last 30 days or expected changes within the next 30 days. B. Attach 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. Page 11 of 12 Snowmass Chapel will make its best effort to work with the Town of Snowmass Village's efforts in the preparation of a comprehensive construction impacts mitigation program. Certain refinements, modifications, or amendments to the Construction Management Plan shall be allowed to be made in the future by the Town to mitigate impacts which were not apparent at the time of the application review. The Planning Director shall be authorized to require amendments to the plan as determined to be reasonable and necessary to mitigate an unforeseen impact. Snowmass Chapel shall either amend their plan accordingly or request that the Town of Snowmass Village Council review the matter for final determination. PVCMI will meet with the Town of Snowmass Village to further review reports or the Construction Management Plan as requested by the Town of Snowmass Village. END OF CONSTRUCTION MANAGEMENT PLAN Page 12 of 12 L" y 5af' titrF G"i'+ 3'j Ill a A 1 r, r IIII / 1S-((( A rte + P n l(.F"} rF- nntJ_n T WIPS T j 1 3, zo" CAF£. ca(. '°`" .. J _— — 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 CIEWED 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 JUL 0 8 1009SnowmassVillageMunicipalCode,for Final Planned Unit Development Plan("Final PUD Plan"),a First Amended Plat of the Snowmass Interfaith Chapel Subdivision("Final Snowmass v Subdivision Plat")and rezone the property located at 5307 Owl Creek Road,Snowmass C=f amffy Development 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. Snowmass Interfaith Chapel Development Agreement 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,50 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 SCI, the Community Purpose Space may be made available to the public at other times,including evenings and weekend hours,as 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 Snowmnv Interfaith Chapel Dme%pmen/Agreemenl 2 a) SCI may charge reasonable fees to any user of the Community Purpose space for damages and/or cleanup services. b) SCI may at its discretion require a user to provide reasonable liability insurance or indemnify SCI for use of the Community Purpose Space. 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 Parking spaces for ARAC in accordance with the Easement Agreement dated August 31. 1984(recorded in Book 472 at Page 466 in the records of the Pitkin County Clerk and Recorder)and the Parking Lot Use, Maintenance and Improvement Agreement dated October 15. 1998 as it may be amended from time to time. Snowmass Interfaith Chapel Development Agreement 3 2) Lot 1 Parking and Traffic Management oeieted: So shall provide la parking spaces for ARAC for student and staff use between May 1S and September 1S. ¶ a) Use of SCI's Facilities v When the use of the new Sanctuary(Building 3)for Sunday services or other large activities or uses, including but not limited to weddings, funerals, concerts,large community gatherings,seminars, and lecture programs occurs,SCI shall not schedule the use of its facilities for another activity or use at its facilities that requires a substantial number of parking spaces on Lot 2A. To achieve this objective, SCI will do the following: i) SCI will schedule the use of its facilities to ensure that other activities/uses do not conflict with worship services or another major activity in the Sanctuary building that require fill 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 pressures on parking or traffic during Sunday services or at other times with the Sanctuary is in use. ii) SCI will not schedule the start of a major activity,other than Sunday worship services,so that vehicles entering and leaving the parking lot do so during the morning and afternoon peak hour use of the public roads on the peak days each winter.A traffic study demonstrated that Sunday worship service activities would not cause a reduction in Level of Service on the Town,roadways below that which is acceptable to the Town. iii) In unusual circumstances,when parking might be used to capacity and overflow parking is required,SCj will perform the following management _. - Deleted: measures,at a minimum, to minimize impacts on the local road system. a. Provide direction signs to available parking, whether it may be on or off-site. b. Provide personnel in the parking lots and along Owl Creek Road to ensure that traffic flows effectively and that no parking occurs on Owl Creek Road or in designated fire lanes. C. SCI shall notify the Town Police Department as soon as possible in advance of the activity to review management measures to be carried out by SCI.The Town,at its discretion, may require other temporary measures to be undertaken for the event. Snon rrrass haerfaah Chapel Development Ago cement 4 d. Following the event,SCI will review the parking and traffic management measures with the Town Police Department to determine the effectiveness of each measure and determine if other measures should be used In the future for other similar activities. b) Coordination with ARAC Required 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 wifl 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 SnaN mass lnte faith Chapel Development Agreement 5 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 i) 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. a. SCI or a party using the facilities for wedding and other similar activities will contract witheSCI or at its discretion a third party Valet Deleted:, th Parking Service. A fee may be charged by SCI or the third party Valet Parking Service. b. 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 may be difficult to control but in such instances 5CI 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 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. Snmrmms Intedf ihh Chapel Development Agreement iv) No camping or motor homes or vehicles intended for sleeping shall be left in the Parking Lot without prior consent of the SCI. v) SCI shall prohibit the storage of trailers, boats and other similar recreational vehicles,or unregistered or inoperable vehicles in any parking space on the Property. Automotive maintenance or repairs to vehicles,which cause the vehicles to be inoperable or stationary for more than two days is prohibited. All vehicles shall be moved on a routine basis. f) Enforcement i) 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 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) Contineencv Plans Formatted:Font color:Red a) SCI will conduct a monitoring and evaluation program for the two • Formatted:Indent:pert: I" years following the completion and occupancy of the new SCI Formatted:Font color: Red Sanctuary.SCI will coordinate the program with the Town Planning Department and SCI will provide the findings of the assessment to the Planning Department.The purpose of this program will be to analyze parking demands during the peak summer weeks in August and the peak winter weeks in March, related to the occupancy of the new Sanctuary building,to determine whether the parking is sufficient to accommodate its needs. If,because of this evaluation,the Town determines that there is inadequate parking to meet the needs of more than fifty 50)percent of SCI's"major activities,"then SCI shall offset the additional demand as follows.The mitigation shall be sufficient to accommodate the number of people that are not able to find adequate parking either on-site or in available overflow parking. SCI and the Town will agree on the specific mitigation requirement at that time,but which will generally include: 14 ___SCI will contribute to the Town an amount sufficient to_ _ Deleted:a, cover the ridership impact on the Town's transit system Formatted:Font color:Red created by inadequate parking; or Snoumaas Interfaith Chapel DewIgpnwnlABreemeni 7 ii SCI will both purchase and maintain a van service to Deleted:o. reduce parking demand.Formatted:Font color:Red b) Following the completion of the monitoring and evaluation Formatted:Indent:ten: 1^ program.SCI shall either provide the appropriate additional mitigation or,if it is determined that the parking adequately Deleted:t meets the needs of SCI She mitigation requirements will be Deleted:. considered satisfied. Formatted:Font color:Red 4 Separation of Parking Deleted:3 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 Propert y, 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 5nowma55 Interfaith Chapel Subdivision,to create separate ownership of the unit without approval of the Town. 3) Because of the connection of the employee housing nNittootherDeleted:unit to facilities owned and operated by CI it shall reserve the right to rent or provide the Unit Deleted:so, on a priority basis to its employees 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 Property,or to other Eligible Person that SCI selects to occupy the unit. 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. Snonmass Interfaith Chapel Derelopmenr Agreement S 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) Severobility. 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, 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 Snormasr lnlerfaah Chapel DevelapmenlAgreement 9 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 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 200_ THE TOWN OF SNOWMASS VILLAGE By: Bill Boineau, Mayor date) Sna,im mGNerfaLh Chapel DevdvpmeniAgreemen! 10 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 Snom ass Interfaith Chapel Development Agreement STATE OF COLORADO j 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 Snotrmass Interfaith Chapel Development Rgreement 12 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 2 First Amended Plat of the Snowmass Interfaith Chapel Subdivision Replat A, Deleted:,Fnt according to the Plat thereof recorded 200_in Plat Book at Page_as Reception No. Snowmass bwrfaith Chapel Development Agreemew 13 EXHIBIT"B" LOCATION OF COMMUNITY PURPOSE SPACE Srrmcrnass Mw jailh Chnpel Development Agreemew 14 Community Purpose Space Location N 1 f . Y. s Areas within which Community j Purpose Space will be located Existing Chapel S j i j Community Center SNOWMASS Lower Level Floor Paa— z__ CHAPEL August 21,: 20Q8 scale: Xe = V- 0' Community Purpose Space Location 34W Community Purpose Space I \ \ DEC M 0 Areas within which Community Purpose Space will be located Existing Community Center SNOWMASS Upper Level Floor Plan_ CHAPEL August 21, 2008 scale: 1, 6 = 1'- 0" s® 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 T",gwgof Snowmass Village, Colorado (the "Town"). RECITALS AND DEFINITIONS IJUL 0 8 2009 bnowmass viaage A. The Town approved Ordinance No.. Series of 200___, granting approval of{fPMMunity Development 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 July 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. Snowmass Chapel Final PUD Plan 2 July 20,2009 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 Snowmass Chapel Final PUD Plan 3 July 20,2009 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 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. Snowmass Chapel final PUD Plan 4 July 20,2009 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 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. Snowmass Chapel Final PUD Plan 5 July 20,2009 DECLARANT: Snowmass Chapel Incorporated By: Its: 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 Snowmass Chapel Final PUD Plan July 20,2009 EXHIBIT A UNIT DESCRIPTION Snowmass Chapel Final PUD Plan July 20,2009 EXHIh- MAP OF: ON-SITE E.H.U. LOT I SNOWMASS INTERFAITH CHAPEL SUBDMSION ACCORDING TO THE LOT LINE ADJUSTMENT PLAT RECORDED AS REC. N0. _ --- COUNTY OF PITH STATE OF COLORADO SHEET 1 OF 1 EMPLOYEE HOUSING UNIT TRACT 41 N 7S' LOT I AS SHOWN ON L40T TRACT,42 mm 178 4g'4g.. W SNOWMASS INTERFAITH LINE SUBDMSION F EXISTING CHAPEL TIE TO BUILDING CORNER) ,54 7.34'5 ' W 7 30.67' O 0.64' e o AREA = 647.54 S0. FT. Q' 1.45' EXISTING BUILDING N 9.12' CORNER ro 23.24' co ro 0ad SNOWMASS CHAPEL 15.74 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE. COLORADO 81623 870) 704-0311 28089 12 01 08 PUO-UVAWC 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 CE. ' L' D THIS DEVELOPMENT AGREEMENT(this"Agreement")dated as of 200_is IJUL 0 8 2009 between Snowmass Chapel, Incorporated,a Colorado Non-Profit Corporation,(hereinafter called"SCI"),filed an application with the Town of Snowmass Village,a Colorado municipal bnowmass Vulage corporation(hereinafter called"Town"). COflUtlUeity Development 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.9,Series of 2009(the"Ordinance"); Deleted: _ j Deleted:_ 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 Formatted:Pont:century uses on the Property in accordance with the provisions of the Ordinance for the schoolbook,8 pt,Italic period described in Section 1.3 below.Formatted:Normal Formatted:Font:Century Schoolbook 8 pC Italic Stoat s,Chnurl F'/,I PUD dah.-0.30(0 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,5nowmass Formatted:Font:Cmtury Interfaith Chapel Subdivision,dated effective as of Schoolbook,8 p[,Italic 200_between SCI and the Town; Formatted:Normal Formatted:Font:century Schoolbook a pt,Italic Snotoonass Ch,Nel Fiord PUD Plan Jnlc,o.soon R) 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 August 5 2019(the"Vesting Period"). Unless expressly provided to the contrary __ Deleted:zo therein,the Ordinance and any modifications and amendments to the Ordinance or any other Deleted:o material related to the development of the Property shall become part of the Vested Property Deteted:December 32,2019 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 Formatted:Font:century hereunder shall be forfeited as provided in Section 16A-S-90(c)of the Town municipal code. Schoolbook,8 pt Italic Formatted:Normal 2.2 Default by the Town. Formatted:Font:Century Schw1book,8 P4 Italic SSn n"n.qg CM1.m4 ER,d PUD Plon full sn.4004 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 Frmatted:Font:century Agreement shall be construed as covenants running with the land benefiting and burdening the k a Pt,Italic Property or any applicable portion thereof,and it is the intent of the parties that such benefits, o No maI bu rdens,terms,covenants,agreements and conditions touch and concern such property. Formatted:Font:Century Schoolbwk,a p[,i[alK Snvtyplasx Chowl Finn!PcIa Plan Jul"Tk 9IIIIV 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 Formatted:Font:Century SchoolbWk,8 pt,Italic If any provision of this Agreement shall be invalid, illegal,void or unenforceable,it shall Formaeed:No l not affect or impair the validity,legality or enforceability of this Agreement or any other Formatted:rout:Centu y Schoolbook,8 pt,Italic m ynenra,.,CA,ud Finul PUD Plan hdr.Yrl.:IIICI 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 forgiving 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.Formatted:rant:century Schoolbook 8 PC Italic 4.10 Captions and Titles. Formatted:Normal Formatted:Font:Century Schoolbook 8 P4 Italic Sn,avmosi Chanel Fi.ud PUD Plan I I/uh.2I,:IIIQ 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 1200 . 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: Formatted:Font Century Schoolbook,8:Italic date) Formatted:Normal Formatted:Font:Century Schoolbook a pL Italic i m ana Chaud Fi.,d PUP Plan luh'311 3frt:4 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 Formatted:Font:Century Schoolbook 8 pt,Italic Formatted:Nonnal Formatted:Font:Century Schoolbook,a pt,Italic Sr . xs Chuurl Final PUU Plan hrlr,$I!.IIIrY Exhibit "G" Town Council Ordinance No. 9, Series of 2009 Insertion for - Buildout Chart revision SNOWMASS VILLAGE BUILDOUT LAND USE ZONING If OF DWELUNG UNITS COMMERCIAL/ OTHER EXISTING AS OF EXISTING AND EXISTING FUTURE EXISTING I FUTURE 4.6. 98 APPROVED FUTURE EXISTING FUTURE PARCELS WEST WOODBRIDGE B37 Sonnenblick ww MFR MFR SPA- 1 6 0 6 0 7 0 0 B38 Stonebdd a ww MFR MFR SPA- 1 91 1 91 1 102 0 0 B39 IStonebridge Inn ww MFR MFR SPA- 1 95 8 95 8 114 2682 2682 B40 JSVRA Pool Facility ww REC 0 0 1 0 0 0 2336 B41 Tamarack ww 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 0 844 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 Wildcat Slope ww OS OS 0 0 0 0 0 0 0 B47 Wildwood Lodge ww MFR MFR SPA- 1 146 10 146 10 172 B48 lWillows, Center ww MFR MFR SPA- 1 40 0 40 0 44 0 0 B49 lWillows, Lower ww MFR MFR SPA- 1 24 0 24 0 27 0 0 B50 1woodrun 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 0 652 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 E 54 Anderson Ranch ew PUB PUB PUD 0 16 0 26 26 48654 55110 B55 Deerbrook ew MFR MFR SPA- 1 1S 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 0 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 ew OFFICE OFFICE 0 0 0 0 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 Snowmass 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 16 13692 17000 870 Wildcat BLM ew 0 0 LAND USE ZONING OF DWELLING UNITS COMMERCIAVOTHER 6/ 29/ 2009 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 5PRING5 ASPEN CRESTED evnE ENGINEERS S SURVEYORS 1 1 8 W. 6TN. SUITE 200 P.O. Box 21 55 R.O. Dox 3088 SPR<;3.N 61601 ASPEN, CO 8161 2 CRESTED BUTTE, CO 51 224 970-945-1004 970-925-6727 970-349-5355 Ex: 970-945-5948 Px; 970-925-4157 Fx: 970-349-5358 MEMORANDUM DATE: April 22, 2009 TO: Jim Wahlstrom, Senior Planner iimwahlsttomla tosv.com FROM: Dean Gordon, Town Engineer Richard Goulding, SGM RE: Snowmass Chapel Final Plan Application 1 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 301h,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. IA199119 OMEWhase 18-Snowm,ss ChapeM-22-09 revised memo W W ahiseum.doc 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 0-13B 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]7SS1\910040ftase 18-Snow nCnaper0,22-09reAsee memo io WMISaomAM 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 I 11119911919940E ass 18-8no.ase Chap M-22-09 revised memo to WeWt..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) I MirMAM s,. a3° * ' ate arc- s a N W ° cam'?--_ i lo RECEIVEDJUL U8 2009 cnown, as, miW_ l! f' y d i! / a11P111P111' OaVP. bOme, n ri d y n NOT POR CONSTRUCTION A= 22- 1 B goe 4 :' h ••, n i' M' Ce nP° e. \ dJI1WO GIPP6 FOR: TOWN COUNCIL MEETING 07-20-09 SNOWMASS CHAPEL MODIFIED SITE PLAN & LANDSCAPE PLAN TC ORD. 09-09 CRAPHIC SCAM a xr w im+• CLHHLL NOTES: pn ar. wvisn mrmns w<.+ r'[ mr rwDs ICa rp[ W mrrr, e4 wYl K Ki[ xAl[. al+ K rsipi uD 47111 / / w. ra® M° iGnr n. wi Wlrri rri ro vw i am U / w Diwr% wl r mrraavDe[ Kra qn ° n t wK aw'° r"[ o-c, cly Dw c r i' aair Qgrw rYrQ° x. mwi iroD1YQrYn wruK q a xawq. o mr. ai Y a[ may[ wa.° me wru K oDwwi ivr.. oFnwc cmrw 0> rD6 dIQ C[[ rYO Y14 I1°1r D. 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Aide WterwNetl f RESAISSANCE BPINFd Mo„ 25' teU trees crptable. IF R Berelap W.1 taU tNe mnest bees tleenee otmpe , but argt O less tNV. me slze no. bpACSteM on inls' plbn. e / • c c \\` u/. // 11 •\ B" J `' GROUNDCOVER r— OW eS t W' y{],\c/ 13/ X11 iS by J 5. 1815F ARCTOSTARNOLOS UVA- URSI 4' CONTAINERS® 24• O.C. I1wBF 4NNUALCQOR PflOVIDEO BY OWNER fl 3MV 0900 s C Xc` GENERAL NOTES 1. ALL PI- ANTED AREAS SMALL RECEIVE A MINIMUM T THICK DYER OF ORGANIC MULCH. 2. TILL EAISPNG SOIL TOA DEPTH OF O' A Qf B B 9. PLACE IT OF TOPSOIL ON ENTIRE BED AND TILL INTO EXISTING SOIL. 1. • Q. R1\\ ey A 4. FINISHED GRADE ON PLANS INCLUDES ALL TOv L AND AMENDMENTS. LPNOSCIPE I , ti / \# P 11 0 CONTRACTOR TO COOROINATE WITH GRAEANG CONTRACTOR TO ENSURE CORRECT W f- O• ELEVATTONSAREACHIEVED S. OWNER SHALL BE RESPONSIBLE FOR ALL ANNUAL COLOR B. ALL AREAS WITH TREES AND SHRUBS TOBE DRIP IRRIGATED J I T REVEGETATION AREA TO UTILIZE EXISTING SPRAY IRRIGATION FOR SEED GERMINATION. I 1_ ; YU _'' fn 30 B. PRIOR TO CONSTRUCTION ALL E TING VEGETATION TO REMNN WILL BE FENCED T\\\ O/ M• DMRFLAGGEDMOREVIEWEDMIHTONNPIANNWGDEPARTMENT el \ O O 9, TOPSOIL WILL BE STORED ON SITE TO THE EXTENT POMOIE AND REUSED ON SrtE FOR REVEGATATN3N AREAS OR TO CREATE BERMS. 10A sY o TO SURVEY " ISTING TREES,BUL1• LOGTON AND CALIPER 9RE, WILL BE FRONDED L' TO THE TOWN PRIOR TO THE BUILDING PERMIT y1 11. EX ISTINGVEGUATIMIDENnF IEDFORPROTECTIONTHATLSDA MDUWNG s r 1 CONSTRUCTION SHALL BE REPLACED WITH A PLANT OF SWA SIZE WHEN e \ 0 \ a Uy .\ B 46 POSSIBLE OR BY TWO SIMILAR TREES OFA SIZE CONSISTENT WOH THE KY SPECIFICATION OF THIS VWOSCAPE RAN. R j A/ \ j</ ST 12. NOEXISFNG TREES WGI BE REMOVED TO COMPLETE THE PARKING LOT EXPANSION IF - 11 / 13, FOR PARKING LOT EXPANSON. EXISTING FLOWERS AND SHRUM BETWEEN THE n` - E( PANSION AREA AND TRAIL( NORTHWEST CORNER) WILL RE PRESERVED TO THE EXTENT NSSIBLE HL, BL r RECEIVE HL, FA iAFVIL M, IEAML FAwc USE9TITCN® LDDPB Z, _ ) A YWIUEIRIB MATE O' aFTt 2i lPO51S Il.{ 1' I\ N e: I: b LL` / s B, BU //` " t l JUL O8 2009 0e1bb HNS,+ eEva Amlm' p.. b b 1 C ' J• n( AiWr C . , BwwrvAaw Z FHOHT VIEW SIDE VIEW 1 L rc 2 y 1 I Mue NIGLE BOM E1 6E1L1bi Fl1MBL— I • I FBICE TOKIUIE lAL 6TRMPEO INrEm. DOFn e Y• I 1 .- Il - AM ATTAOIMCBM 1. . AlY SprrNroFLT9l Frewce YERi1G41Y 5ElDW EBESfED tlibE 4 • T yi-__ O. CeNIM. 1, 2D0e 5 amu® invs BEro ner wFn I (- s` r• ; S 1 , e f and DDA» aL aIBE OFaDPE A 7' I_ p Landscape Plan CONSTRUCTION FENCE L MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: July 20, 2009 meeting SUBJECT: RESOLUTION NO. 14, SERIES OF 2009: 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. The application is being processed pursuant to Section 16A-5-450, Amendment of Final Plat 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 OF COUNCIL: The purpose of the meeting would be to approve, modify or deny the attached subdivision exemptions' resolution for the proposed land exchanges and lot line adjustment. II. SUMMARY OF DESCRIPTION OF PROJECT. The Applicant proposes to exchange land with the owner of Parcel 10 of the 'Snowmass Club P.U.D.' Subdivision as illustrated in Exhibit "A" of attached Resolution No. 14. The purpose of the land exchanges is to accommodate and provide adequate land,or space to develop the associated, proposed building addition and maintenance building pursuant to associated Ordinance No. 9, Series of 2009, and per the proposed Final PUD. The proposal would increase the size of Lot 1 for the existing Chapel facilities from 102,845 square feet or 2.36 acres to 105,048 square feet or 2.41 acres The subdivision exemption does not require a public hearing, but the related Ordinance No. 9 for the Final PUD/re-zonings and Resolution No. 15 for the re-subdivision plat require a public hearing. III. BACKGROUND The Applicant formally submitted a subdivision exemption application in February 2009 concurrent with the Final PUD/re-zoning and re-subdivision plat. IV. APPLICABLE REGULATIONS Conveying title and adjusting a lot line requires are authorized via a subdivision exemption pursuant to Municipal Code Section 16A-5-500. Municipal Code review criteria, which regulate the review and approval of a Subdivision Exemption application, are outlined in Section 16A-5-530, Review Standards, as follows: An application for a subdivision exemption shall comply with the following standards: 1) Exemption is necessary. The exemption shall be necessary for the preservation and enjoyment of substantial property rights of the applicant. 2) Consistent with subdivision. The exemption shall be consistent with the preservation of the goals, objectives and standards of the particular subdivision or land area involved. 3) No new lots created. Granting of the exemption shall not create any new lots in any single-family subdivision. 4) Comply with Development Code. The exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of the Development Code. With respect to an application for a lot line adjustment, if any of the lots or structures thereon are nonconforming prior to the adjustment, then no adjustment shall be allowed that increases the nonconformity of the lot or structure. 5) No adverse impacts. Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property is situated. 6) Not increase total allowable floor area. Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption, and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area. 7) Special circumstances. In the instance where the Town Council is unable to find that an application is consistent with any of the above standards,the exemption may only be granted if the Town Council finds that there are special circumstances or conditions affecting the subject property such that the strict application of these standards would result in undue hardship and deprive the applicant of the reasonable use of the land. Pursuant to Code Section 16A-5-60 of the Municipal Code, the subdivision exemptions for the proposed land exchanges and a lot line adjustment do not require a public hearing. V. STAFF FINDINGS AND RECOMMENDATIONS The proposed subdivision exemption for the requested land exchanges and lot line adjustment by itself do not necessarily conflict with the review standards above. However, per criterion #7 above, the exemption request would increase the size of Lot 1 and the 2 resulting F.A.R., but the applicant is required to submit a variation with the Final PUD application for exceeding the buildout for this area that would be restricted to 29,700 square feet. Such a buildout would be under the F.A.R. limit if zoned to MU-1. See criterion #8 above for the exception language in the Code. Vi. OTHER HEADINGS RELATED TO THE TOPICS Attachments: Town Council Resolution No. 14, Series of 2009, with exhibit Separate Handouts: See the latest 11" x 17' size subdivision exemption plat drawing that was most recently submitted. VII. NEXT STEPS None for Town Council. If approved, staff would process Resolution No. 14 and the accompanying exemption plat drawing for recording with the County prior to execution and recording of the associated re-subdivision plat via Resolution No. 15. 3 I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4, RESOLUTION NO. 14 5 SERIES 2009 6 7 A RESOLUTION APPROVING SUBDIVISION EXEMPTIONS INVOLVING LAND 8 EXCHANGES AND A LOT LINE ADJUSTMENT BETWEEN LOT 1 OF THE 9 SNOWMASS INTERFAITH CHAPEL SUBDIVISION AND PARCEL 10 OF THE to SNOWMASS CLUB P.U.D. SUBDIVISION. 11 12 WHEREAS, the Town Council approved on September 5, 2006 the Snowmass 13 Chapel modified Preliminary Plan application together with the preliminary concept of a 14 land exchange and lot line adjustment as accepted, subject to ratification, with 15 Resolution No. 9, Series of 2006 (Resolution 9); and 16 17 WHEREAS, the Snowmass Chapel, Inc., formerly known as Snowmass Chapel 18 and Community Center, Inc., ("Applicant') initially submitted on December 11, 2008 as 19 updated for completeness on January 26, 2009 and formally submitted on February 2, 20 2009, a completed Final PUD application that together includes a formal request to 21 rezone the property to "MU-1," and subdivision exemptions for a lot line adjustment and 22 planned land exchanges with an adjacent property owner that would increase the size of 23 Lot 1 from 102,845 square feet or 2.36 acres to 105,048 square feet or 2.41 acres, and 24 a final re-plat involving Lot 1 of the Snowmass Interfaith Chapel Subdivision and Lot 2A 25 of the Snowmass Interfaith Chapel Subdivision Re-plat "A" encompassing in existing 26 total 3.99 acres ("Application"), not including the impacted area onto Parcel 10 (golf 27 course) of the Snowmass Club Subdivision, together with associated draft agreements; 28 which subdivision exemptions involving land exchanges of approximately 0.38 acres or 29 16,334 square feet described or illustrated in attached Exhibit "A" incorporated herein; 30 and 31 32 WHEREAS, the Aspen Skiing Company / Snowmass Club Associates, LLC 33 consented on January 14, 2009 to the applications, including the proposed subdivision 34 exemptions for the lot line adjustment and the land exchanges affecting Parcel 10 of the 35 Snowmass Club PUD Subdivision; and 36 37 WHEREAS, the application was sent to affected Town Departments and referral 38 agencies for review and comment on February 18, 2009, and the Applicant submitted on 39 April 24, 2009 updated plat drawings, in response to Town staff and referral agency 4o review comments dated March 20, 2009, of the subdivision exemptions that were re- 41 referred to affected agencies for re-review; and 42 43 WHEREAS, public hearings or continuances thereof, were scheduled before the 44 Town Council on May 4, 18, June 1, 15, July 6 and 20, 2009 to review the proposed 45 Final PUD application together with the re-zoning, and the associated subdivision 46 exemptions and final re-plat, to consider the recommendations of Town Staff, and to act 47 upon this resolution; and 48 TC Reso, 09-14 Page 2 of 3 49 WHEREAS, the application for the subdivision exemptions were processed in 5o accordance with Section 16A-5-500-530, Division 5 — Subdivision Exemptions, of the 51 Municipal Code. 52 53 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of 54 Snowmass Village, as follows: 55 56 Section One: Findings. Based upon the information contained in the application, 57 supplemental information submitted to Town Staff and testimony in the record, the Town 58 Council hereby finds that: 59 60 1) The applicant has submitted sufficient information pursuant to Section 16A-5-500 61 520 of the Municipal Code to permit the Town Staff and Town Council an 62 adequate review of the subdivision exemption application for the proposed land 63 exchanges and a lot tine adjustment. 64 65 2) One of the review criterion states that the granting of the exemption shall not 66 increase the total allowable floor area on a lot or lots affected by the proposed 67 exemption beyond the total allowed without the exemption, and any change in 68 allowable floor area permitted by the exemption within those totals shall be 69 consistent with the surrounding area. However, the exemption request would 70 increase the size of Lot 1 and the resulting F.A.R., but the applicant is required to 71 submit a variation with the accompanying Final PUD application for exceeding the 72 buildout for this area that would restrict the total floor area to a maximum of 29,700 73 square feet, which is also under the F.A.R. limit if zoned to MU-1. Pursuant to 74 criterion #8 in the Municipal Code, Town Council finds that there are special 75 circumstances or conditions affecting the subject property such that the strict 76 application of these standards might result in undue hardship and deprive the 77 applicant of the reasonable use of the land to accommodate the accompanying 78 Final PUD proposal. 79 so 3) The application, subject to satisfying the conditions stated below, is consistent 81 with the applicable review standards specified within Section 16A-5-530 of the 82 Municipal Code. 83 84 Section Two: Action. The Town Council hereby approves the subdivision exemption 85 for the land exchanges and the lot line adjustment involving Lot 1 of the Snowmass 86 Interfaith Chapel Subdivision and Parcel 10 of the Snowmass Club P.U.D. Subdivision, 87 as shown or illustrated in attached Exhibits "A," subject to the conditions in Section 88 Three below. 89 90 Section Three: Conditions. The approval granted herein is subject to the following 9I conditions: 92 93 1) Following execution, this resolution and its exhibits shall be recorded, at the 94 Applicant's expense, with the Pitkin County Clerk and Recorder. 95 TC Reso. 09-14 Page 3 of 3 96 2) The off-site easements between the applicant and adjacent private property 97 owners for utilities, construction, landscaping and pedestrian access shall be 98 executed and recorded prior to or concurrent with the subdivision exemption plat. 99 100 3) The Applicants shall complete all other actions or matters which in the opinion of 101 the Planning Director and the Town Attorney are necessary to satisfy or 102 dispense with the completion, execution and/or recording of all documents 103 necessary to implement the conditions of this Resolution and the requirements of 104 the Municipal Code. Should disagreements arise regarding matters requiring 105 Planning Director approval or completion of the necessary documents that 106 cannot be resolved between Town Staff and the Applicants, the matter will be 107 referred to the Town Council for final direction and/or determination. 108 1o9 4) The land exchanges and the lot line adjustment reflected in this Resolution shall 110 be incorporated into the associated re-subdivision plat involving the same III properties pursuant to Resolution No. 15, Series of 2009, if approved. 112 113 Section Four: Severability. If any provision of this Resolution or application hereof to 114 any person or circumstance is held invalid, the invalidity shall not affect any other 115 provision or application of this Resolution which can be given effect without the invalid 116 provision or application, and, to this end, the provisions of this Resolution are severable. 117 118 READ, APPROVED AND ADOPTED by the Town Council of the Town of I19 Snowmass Village on July 20, 2009 upon a motion by Council Member 120 the second of Council Member and upon a vote of _ in favor and 121 opposed. 122 123 TOWN OF SNOWMASS VILLAGE 124 125 126 127 Bill Boineau, Mayor 128 ATTEST: 129 130 131 132 Rhonda B. Coxon, Town Clerk 133 134 APPROVED AS TO FORM: 135 136 137 138 John C. Dresser, Jr., Town Attorney 139 140 141 Attachments: 142 Exhibit "A" — Subdivision exemption plat drawing for the land exchanges and a lot line 143 adjustment SUBDI 09 I GN MR AI L ADJUSIIQTR: LOT 1, SNOWMASS INTERFAITH CHAPEL SUBDIVISION AND PARCEL 10, THE SNOWMASS CLUB PHASE I AND 11 REPLAT N P` r5, TA WEST OF THE 6th P. H. COUNTY OF PITIGN, STATE OF COLORADO Eo A PARCEL OF LAND SITUATED IN SECTION I TOWNSHIP 10 SOUTH, RANGE 86 I of 2 vRk 01- 051M. Wamr. M= i- 4w"- 0" J7 TRACT Iff r. I rRA47 38 Gc W RECEIVED TRAC" Fjf APR 24 2009 Z2 x TRACTSOPRIS ENGINEERING LLC C CONSULTANTS W2 Y SUM Z 10 1 aged 6002; o saliaS ' 17T ' ON uollnloSaN 1! 3uno:) umol OV, I! q! 4x3 SVROIVL4ION mum ftON P02 A IfYI' LN6 ADIUST NT. LOT 1, SNOWMASS INTERFAITH CHAPEL SUBDIVISION AND PARCEL 10, THE SNOWMASS CLUB PHASE I AND II REPLAT A PARCEL OF LAND SITUATED IN SECTION 1 TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6th P. M. COUNTY OF PITKIN, STATE OF COLORADO im Q • H O W Fz 7 SOPRIS ENGINEERING - LLC CIVD. CON9111. T N1'9 602 WN! S12QT. SU11T Aar marram CA2DONDAfL, COLORADO 8182) n2) > a- oaD FOR: TOWN COUNCIL MEETING 07-20-09 SNOWMASS CHAPEL SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES & A LOT LINE ADJUSTMENT) TC RES. 09-14 SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT: LOT 1 , SNOWMASS INTERFAITH CHAPEL SUBDIVISION AND PARCEL 10 THE SNO WMASS CLUB PHASE I AND II REPLAY n, aY. w awBYa A PARCEL OF LAND SITUATED IN SECTION 1 TOWNSHIP 10 SOUTH, RANGE 86 i`; Cw./ ; 6"'' wwsrw amvay acvrwr to 1 WEST OF THE 6th P. M. U Rm. ayv, us! Y Yr pmmb wl w MF, w on wwa. rm W I.,.. wbOaN anal COUNTY OF PITKIN, STATE OF COLORADO f/ ( r T. f nsllwwwarr xrv. NamY. WW Y. mnxrw Yp.. bye.., rail, baewsr. e M wWw m ti mxab ms.... mr... y® SHEET 1 OF 2 f,~\ 11- fJ - I r; M. ew_ NYr a0. Sa. p ow mama IYt uo. aw Na B4x x8 7 1- •) J J r' J 3 ( , wee .'• _ 4.. r. B. 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WTMwlrl r SOP IS ENGINEERING - LLC wNr / dACI' M w. oros rincldr csoao l e) nc nlcr CIVIL CONSULTANTS 1O1' T a ., • m. ,. m m• 502 MAIN STREET, SUITE AS WD. °' ismB m.:' m° 1pw:. m0O1pparx: e:. vm' OQ..v. x p ° • rD' °• d y CARBONDALE. COLORADO 81623 w= ov® A4¢r. w vm61r 9im. n® ini rxMu p 970) 704- 0311 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: July 20, 2009 meeting SUBJECT: RESOLUTION NO. 15, SERIES OF 2009: A FINAL RE-PLAT LOTS 1 AND 2 OF THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION, INCORPORATING THE 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." The application is being processed pursuant to Section 16A-5-450, Amendment of Final Plat 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 OF COUNCIL: The purpose of the meeting would be to approve, modify or deny the attached re- subdivision plat resolution to create modified lot and perimeter boundary arrangements for the existing and proposed development. II. SUMMARY DESCRIPTION OF PROJECT. The Applicant proposes to re-subdivide the affected properties noted above to propose the creation of: A modified arrangement of Lot 1 that incorporates the land exchanges and lot line adjustment pursuant to associated Resolution No. 14, Series of 2009, for the purpose of constructing the proposed building addition and the maintenance building pursuant to Ordinance No. 9, Series of 2009, and granted related easements to serve the development; Such proposal would increase the size of Lot 1 from 102,845 square feet or 2.36 acres to 105,048 square feet or 2.41 acres. To re-plat Lot 2A for the existing parking lot and to re-establish the easements for access, utilities, drainage and trails along the existing alignments; and Maintaining the Lot 2 arrangement for the Yarrow Park area. The proposed lot and easement re-configurations are illustrated on Exhibit "A" of attached Resolution No. 15. III. BACKGROUND The Applicant formally submitted the re-plat application concurrent with the Final PUD/re- zoning and subdivision exemption applications for consolidated review. IV. APPLICABLE REGULATIONS According to Municipal Code Section 16A-5-410, "no land shall be transferred, conveyed, sold or subdivided to create a new non-conforming use or to avoid, circumvent or subvert and provision of the affected Code Section, or the provisions of any Final PUD Plan" A subdivision plat approval is also required prior to issuance of a building permit for a proposed structure or other improvements on a proposed lot for development. The review criteria for a Re-plat per Section 16A-5-460, include the follow standards: The proposed subdivision plat shall comply with the following review standards: 1) Consistency with the original subdivision. The proposed amendment shall be consistent with or an enhancement of the original subdivision approval. 2) No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. 3) Not change character. The proposed amendment shall not change the basic character of the subdivision or surrounding areas. 4) Comply with other applicable standards. The proposed amendment shall comply with the applicable standards for review of a subdivision application, as specified in Subsection (3), Review Standards. The re-plat requires a public hearing that should be heard in conjunction with the re-zoning and Final PUD Ordinance No. 9, Series of 2009, since published concurrently. Pursuant to Section 16A-5-60, the Applicant submitted the signed affidavits for the mailing of the public hearing notices to owners within 300 feet of the impacted site areas together with the posting of the notices. The public hearing for the re-plat was published in the Snowmass Sun on April 1, 2009 concurrent with notice for the associated Final PUD and re-zoning. V. STAFF FINDINGS AND RECOMMENDATIONS Staff is continuing to work with the applicant to address technical aspects and review comments concerning the plat. Update title work may be needed to consummate the re- plat. In addition, the off-site easements for construction, landscaping, pedestrian access and utilities should be executed between the applicant and the affected property owners and/or districts and recorded prior to recordation of the re-plat. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments: D Town Council Resolution No. 15, Series of 2009, with exhibit Separate Handouts: See the latest 11" x 1 T' size re-subdivision plat that was most recently submitted. VII. NEXT STEPS None for Town Council. If approved, staff would process Resolution No. 15 and the accompanying re-plat for execution and recording with the County following or concurrent with execution and recording of the associated subdivision exemption plat drawings via Resolution No. 14. 3 Pa , e l TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION No. 15 5 SERIES OF 2009 6 7 A RESOLUTION APPROVING A FINAL RE-PLAT LOTS 1 AND 2 OF THE SNOWMASS 8 INTERFAITH CHAPEL SUBDIVISION, INCORPORATING THE ASSOCIATED 9 SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES AND A LOT LINE ADJUSTMENT 10 BETWEEN LOT1 AND PARCEL 10 OF THE SNOWMASS CLUB P.U.D. SUBDIVISION, 11 TOGETHER WITH THE RE-PLAT OF LOT 2A OF THE SNOWMASS INTERFAITH CHAPEL 12 SUBDIVISION RE-PLAT "A." 13 14 WHEREAS,the Town Council approved on September 5,2006 the Snowmass Chapel 15 modified Preliminary Plan application together with the preliminary concept of a land 16 exchange and lot line adjustment as accepted, subject to ratification, with Resolution No. 9, 17 Series of 2006 (Resolution 9); and 18 19 WHEREAS, the Snowmass Chapel, Inc., formerly known as Snowmass Chapel and 20 Community Center, Inc., ("Applicant')initially submitted on December 11,2008 as updated for 21 completeness on January 26,2009 and formally submitted on February 2,2009,a completed 22 Final PUD application that together includes a formal request to rezone the property to "MU- 23 1,"and subdivision exemptions for a lot line adjustment and planned land exchanges with an 24 adjacent property owner that would increase the size of Lot 1 from 102,845 square feet or 25 2.36 acres to 105,048 square feet or 2.41 acres, and a final re-plat involving Lot 1 of the 26 Snowmass Interfaith Chapel Subdivision and Lot 2A of the Snowmass Interfaith Chapel 27 Subdivision Re-plat "A" encompassing in total 4.04 acres ("Application"), including the 28 impacted area onto Parcel 10(golf course)of the Snowmass Club Subdivision, together with 29 associated draft agreements;which final re-plat involving a total of approximately 4.99 acres, 30 including Lot 2 also known as Yarrow Park, is described or illustrated in.attached Exhibit"A" 31 incorporated herein; and 32 33 WHEREAS,the Aspen Skiing Company/Snowmass Club Associates,LLC consented 34 on January 14, 2009 to the applications, including the proposed final re-plat affecting Parcel 35 10 of the Snowmass Club PUD Subdivision via an accompanying subdivision exemption;and 36 37 WHEREAS, the application was sent to affected Town Departments and referral 38 agencies for review and comment on February 18,2009,and the Applicant submitted on April 39 24, 2009 updated plat drawings, in response to Town staff and referral agency review 40 comments dated March 20,2009,of the final re-plat that was re-referred to affected agencies 41 for re-review; and 42 43 WHEREAS,public hearings or continuances thereof,were scheduled before the Town 44 Council on May 4, 18, June 1, 15, July 6 and 20, 2009 to review the proposed Final PUD 45 application together with the re-zoning, and the associated subdivision exemptions and final 46 re-plat,to consider the recommendations of Town Staff,to receive public comment,and to act 47 upon this resolution; and 48 49 WHEREAS, the application for the final re-plat was processed in accordance with 50 Section 16A-5-450, Amendment of Final Plat, of the Municipal Code. 51 52 TC Reso. 09-15 Page 2 of 3 53 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of 54 Snowmass Village, as follows: 55 56 Section One: Findings. Based upon the information contained in the subdivision plat 57 application along with the documentation and testimony in the record,the Town Council finds 58 that: 59 60 1) The Applicant submitted the application the re-plat in accordance with the provisions 61 of the Municipal Code. 62 63 2) The applications provided the Minimum Contents required and included written and 64 graphic materials in sufficient detail pursuant to Sections 16A-5-450(2)b for the 65 purpose of initial review. 66 67 3) Public notification requirements were met in accordance with the requirements of 68 Section 16A-5-60(b) of the Municipal Code. 69 70 4) The re-plat,as further described or illustrated in attached Exhibit"A,"is consistent with 71 Section 16A-5-450(1), Review standards, of the Municipal Code, because it: 72 73 a) is consistent with the original subdivision; 74 b) does not have a substantially adverse effect on the neighborhood surrounding the 75 land where the amendment is proposed, or have a substantially adverse impact on 76 the enjoyment of land abutting upon or across the street from the adjacent property; 77 c) would not change the basic character of the subdivision or surrounding areas;and 78 d) complies with other applicable provisions of the Municipal Code. 79 80 5) The subdivision exemptions involving the land exchanges and a lot line adjustment 81 reflected in the accompanying Resolution No. 14, Series of 2009, are satisfactorily 82 incorporated into the final re-plat involving the same properties. 83 84 Section Two: Action. Pursuant to the findings stated in Section One of this resolution, the 85 Town Council approves the final re-plat of Lots 1 and 2 of the Snowmass Interfaith Chapel 86 Subdivision, incorporating the associated subdivision exemptions for land exchanges and a lot 87 line adjustment between Lot 1 and Parcel 10 of the Snowmass Club P.U.D. Subdivision, 88 together with the re-plat of Lot 2A of the Snowmass Interfaith Chapel Subdivision Re-Plat"A;' 89 subject to addressing the conditions in Section Three below. 90 91 Section Three: Conditions. As part of the action above, the following conditions shall be 92 complied with or implemented by the Applicant: 93 94 1) Following execution, this resolution and its exhibits shall be recorded, at the 95 Applicant's expense, with the Pitkin County Clerk and Recorder. 96 97 2) The off-site easements between the applicant and adjacent private property owners 98 for utilities, construction, landscaping and pedestrian access shall be executed and 99 recorded prior to or concurrent with the re-plat. 100 101 3) All prior plat notes, restrictions, easements and rights-of-way of record shall remain TC Reso. 09-15 Page 3 of 3 102 and will be shown upon the final re-plat unless they are no longer applicable, or have 103 been restated, relocated or relinquished by all parties having interest. 104 105 4) The Town of Snowmass Village shall not accept the obligation for financing, 106 construction or maintenance of improvements on land, streets or easements granted 107 to the public by the subdivision plat. 108 109 5) The Applicant shall complete all actions or matters, which in the opinion of the 110 Planning Director and the Town Attorney, are necessary to satisfy or dispense with the 111 completion, execution and/or recording of all documents, including affected 112 agreements including those in associated Ordinance No. 9, Series of 2009, that are 113 necessary to implement the conditions of this Resolution and the requirements of the 114 Municipal Code, before the subject plat is executed and placed of record, or in regard 115 to the deed restriction, prior to the issuance of a building permit or certificate of 116 occupancy as deemed applicable by the Town Attorney. Should disagreements arise 117 that cannot be resolved between Town Staff and the Applicant, the matter shall be 118 referred to the Town Council for direction or a final determination. 119 120 6) All applicable document recording fees shall be paid by the Applicant prior to the 121 recording of the re-plat with the Pitkin County Clerk and Recorder. 122 123 Section Four: Severability. If any provision of this Resolution or application hereof to any 124 person or circumstance is held invalid, the invalidity shall not affect any other provision or 125 application of this Resolution which can be given effect without the invalid provision or 126 application, and, to this end, the provisions of this Resolution are severable. 127 128 READ,APPROVED AND ADOPTED,by the Town Council of the Town of Snowmass 129 Village, Colorado on this 201' day of July 2009, upon a motion made by Council Member 130 and the second by Council Member upon a vote of_in favor and_ 131 against. 132 TOWN OF SNOWMASS VILLAGE 133 134 135 136 Bill Boineau, Mayor 137 ATTEST: 138 139 140 141 Rhonda B. Coxon, Town Clerk 142 143 APPROVED AS TO FORM: 144 145 146 147 John C. Dresser, Jr., Town Attorney 148 149 Attachments: 150 Exhibit "A"— Re-plat drawing SEC: O.\' D AMENDED PLAT' S1\' O VA4ASS INTERFAITH CHAPEL SUBDIVISION A PARCEL OF LAND SITUA' T' ED IN THB' 9L' 14 OI' SECTION 1 TOWNSHIP 10 SOUTH. 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F a I 4q 11LW\ 12ISyJ'( 11.J' 1111\\ V/ 11118J1111 JI> 7 1I I__. l i• : ggr' F t¢ ro n4auD 1 F CDT ' MIRS R. I JUL 0 8 2009 THE SCD. YASS CLI/ R S1LRDfVL90N n' r Snowmass N„ aye I p. z[a uxvmD A=. SNOWNASS WILDCAT FIRE Community Development PROTECTION DISTRICT I W Pg( r Wn FIRE STATION GRAPHIC SCALE. L f OPRIS ENGINEERING LLC Im) CIVIL CONSULTANTS ti ( 1' e • 6 502 MAIN STREET• SUITE. A3 m•a• u n A i Da iP It 0 ` Ay CARDONDAIF., COLORADO 81823 m Lro•... va': 5`w. a,, a. a.° a 970 704- 0311 em SECOND AMENDED PLAT SNOWMASS INTERFAITH CHAPEL SUBDIVISION A PARCEL, OF LAND SITUATED IN THE NE% a OF SECTION 1 TOWNSHIP 10 SOUTH. RANGE 86 WEST OF THE 61. 11 TOWN OF SNOWMASS, COUNTY OF' PITKIN, SPATE OF COLORADO SIIFET 5 OF 5 T• s. w.¢ w SHEET 5: REMAINING AND NEW SUBDIVISION EASF. 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R9-S9•/ 6• I I`Ia_' Yn_-./[ aStn' w./{ y cj' L-%.,-/'% r r- SSOWMASS WILDCAT FIRE PROTECT ION DISTRICT TYRE STATION RECEIVEDD JUL 0 8 2009 1SEE SrlT( CN GEAR Snowmass Village DETAIL l Community Development I GRAPHIC SCALE: SOPRIS ENGINEERING — LLC ur[ erI CIVIL CONSULTANTS 502 MAIN STRFE-T, SUITE A3 n wa. m ..:. xi+c[. n»•. 1.0 CARBONDALE, COLORADO 8I623 070) 704- 0311 atm w.. sru:.+ nw.+ 1.•R oa...®. oc w MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: July 20, 2009 meeting SUBJECT: CONTINUATION OF PUBLIC HEARING, DISCUSSION AND RESOLUTION NO. 18, SERIES OF 2009: Consideration of accepting an amendment submitted June 29, 2009, for subsequent referral, review and action, to the previously submitted re-zoning to 'Multi-Family' (MF) and a revised Minor Preliminary Planned Unit Development and Amendment regarding the proposed Snowmass Club Circle development project. The application involves a proposed redevelopment of Parcel 10, Filing No. 1, Lot 1, of the Snowmass Club Subdivision (the old golf clubhouse building site) involving 0.4 acre located on the south side of Snowmass Club Circle across from the Snowmass Club. Applicant: Bear Realty, Inc., represented by: Stan Clausen/Patrick Rawley, Stan Clausen Associates, Inc. Owner: Snowmass Club Associates, LLC Planner: Jim Wahlstrom I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Purpose: The purpose of the meeting would be to determine during the public hearing for the Preliminary Plan whether or not to accept the proposed amendment for a duplex in lieu of a triplex pursuant to the criteria established in Municipal Code Section 16A-5-340(k), Amendment (see below for details). Action: Approve, approve with conditions, or deny attached Resolution No. 18, Series of 2009, which may be amended at the meeting. II. SUMMARY DESCRIPTION OF PROPOSED AMENDMENT. The applicant's amendment proposes a duplex in lieu of a triplex on the property with the same Multi-Family ('MF') zone district. According to the development parameters noted in the comparison table of the applicant's amendment package, the following changes are noted: The proposed unit mix would change from three (3) units with a total of 13 bedrooms to two (2) units with a total of eight (8) bedrooms; The total square footage or floor area proposed would reduce from 12,168 to 7,987 square feet; t The average unit size would decrease from 4,056 to 3,768 square feet in the proposed PUD; The unit equivalents would decrease from 18 to 11; A buildout variation is proposed from the current designation of zero (0) units. The density would decrease from 7.5 to 5.0 units per acre with the PUD, but there is no residential density on the site now; The maximum Floor Area Ratio (F.A.R.) would decrease from 0.69:1 to 0.46:1 with the PUD; The building setback dimensions increase more substantially on the street and nominally increased on the west, east and south sides of the site with the PUD proposal; and The parking requirement of eight spaces would be met with two double-car garages and four surface spots. III. BACKGROUND The previously revised application was presented to the Town Council on February 17, 2009. At that time, there were public and Town Council comments that indicated an unfavorable reaction to the proposal. In the end, the applicant requested a continuance of the hearing to May 18, 2009 to consider a redesign of the proposal which hearing was continued again to July 20, 2009. IV. APPLICABLE REGULATIONS The following Municipal Code sections apply to the consideration of the acceptance or not of the proposed amendment: Section 16A-5-340(k), Amendment, of the Municipal Code, states: If an applicant wishes to amend a submission after a Planning Commission recommendation thereon, such request shall be made in writing and presented to the Town Council during the public hearing. The Town Council shall consider and make a determination as to whether the changes alter the nature of the project from that described in the original submission to such an extent that: 1) The amendment should not be allowed; 2) The amendment should be allowed, but the Planning Commission should have an opportunity to review the amendment and make a recommendation thereon; or 3) The amendment should not be allowed, and the application should proceed without additional hearings or consideration thereof. If the amendment is not allowed, the Town Council shall continue to consider the application without amendment in accordance with the provision of this Section. If an additional Planning Commission recommendation is to be made, the Town.Council may, at its discretion, table the application until it has received the Planning Commission's recommendation on the amendment" 2 Section 16A-5-340(1), Remand, of the Municipal Code, states: "An application may also be remanded to the Planning Commission when the Town Council determines that the application has otherwise been altered in a significant manner following the Planning Commission's action on the Preliminary PUD. The Town Council shall table the application until it has received the Planning Commission's recommendation on the changes. V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Other than providing recommendations concerning the action on the proposed amendment, staff is not in a position to conduct a thorough analysis and provide recommendations on the proposed amendment itself until it is accepted, and then subsequently updated comprehensively, for referral and review purposes. However, staff does offer the following comments or information for the purposes of assisting the Town Council in determining whether or not to accept the proposed amendment and whether it should be remanded to Planning Commission: a) The north and south colored building elevations in the amendment are mislabeled; The noted north elevation is actually the south elevation, and the noted south elevation is actually the north elevation. b) Duplexes are allowed by Code to exempt certain garage spaces from the floor area calculation up to 700 square feet per lot versus per unit; In the previous triplex proposal, the garages were included as part of the calculable floor area. c) There appears to be a bit less building massing as viewed from all sides of the site. d) The building is still proposed at three-stories in height albeit it involves only one of the units and some of the upper level is recessed from the lower levels. e) A Multi-Family 'MF' zone district is proposed, as per previous application, in lieu of a Duplex ('DU') zone district even though a duplex versus a triplex is planned. If the project is approved and eventually is not implemented, then the affected accompanying zone district would remain. If zoned 'DU,' it may provide the Town and neighborhood assurances that future development might be more compatible with the neighborhood. However, if zoned 'DU,' then the proposed PUD development would be required to apply for variations from, a) the minimum lot area of 30,000 square feet, b) the maximum height standard of 28 feet, and c) the maximum floor area of 4,500 square feet variation, in addition to the buildout variation. On the other hand, and perhaps most importantly, a proposed duplex development should be able to fit within the Town Code's development parameters for a 'DU' zone district. Per the Code, "the intent of a 'Duplex Residential' ('DU') zone district is to provide areas of sufficient lot size to accommodate two-family dwelling units within the Town; Further, it is the intent of this district to allow a range of compatible uses, either allowed or by special review, necessary to produce a viable residential neighborhood" 3 Based upon the current 'PUD' zoning, the existing plat, the proposed rezoning to MF,' and the proposed PUD, below is a comparison table of the differences in the development parameters or requirements when compared to a Duplex ('DU') zone district. COMPARISON TABLE OF DEVELOPMENT PARAMETERS Category Per existing Per proposed Per a Duplex(DU')zone bulldout chart, MF'zone with with the Amended PUD'zone,or plat Amended Prel Plan Prel PUD Minimum Lot Area 0.4 acre,or 9,000 SF minimum 30,000 SF minimum 17,424 SF Note:requires less than (existing site is 17,424 SF) DU'zone district Minimum Lot Width Set by adopted plat or Set by adopted plat 50 feet PUD or PUD existing is 125.4 feet) 125.4 feet existing) same frontage proposed) Minimum Building Set by adopted plat or Set by adopted plat Set by adopted plat Setback PUD or PUD or PUD Maximum Building None noted 38 feet per'MF zone 28 feet per'DU'zone Height 38 feet presumed)36.4 feet proposed) 36.4 feet proposed) Minimum Open Space 25% 25% No requirement Maximum Floor Area or 20%approximately 0.75:1 per'MF'zone 4,500 SF per'DU'zone, F.A.R. per existing building or 13,068 SF; which assumes average or coverage) 7,987 SF proposed) maximum 2,250 SF per unit 7,987 SF ro sed Residential buildout 0 2 actual units proposed 2 actual units proposed 11.0 unitequivalents)11.0 unitequivalents) Residential density 0 No requirement No requirement in'MF'zone in'DU'zone 7.5 OU/ac.proposed)5.0 DU/ac.proposed) VI. PREVIOUS PLANNING COMMISSION (PC) SUMMARY FINDINGS AND RECOMMENDATIONS As a matter of informational reference, below are some of the earlier Planning Commission's findings and recommendations to the previous 'MF' zone district and triplex proposal: PC findings/recommendations regarding the proposed 'MF' zone district— The Planning Commission found, for a preliminary plan level of review, that the proposed rezoning to MF can be considered and further finds that the rezoning request: a) Could be consistent with the Comprehensive Plan with respect to the proposed use for multi-family development considering that the predominant usages on adjacent properties or the surrounding neighborhood contains existing multi-family development with the understanding that the site is also designed for 'Recreation' on the Future Land Use Map, which seems to suggest that the golf/winter trail connection ought to be retained at minimum; b) Seems to be consistent with the purpose of the zone district to which the property could be designated but is not consistent with respect to intensity; c) Is compatible with surrounding zone districts, land uses and neighborhood character and might not result in a logical and orderly development pattern 4 within the overall community at this time, considering that a PUD is required with the submission of the rezoning request and that the accompanying proposed PUD development with a free-market density of 7.5 dwelling units per acre (DU/ac) does not appear designed with sensitive massing and transitional intensity in relation to existing adjacent developments considering that adjoining Snowmass Villas has a density of approximately 7.7 DU/ac and that the adjacent Country Club Townhouses has a density of approximately 3.4 DU/ac; and d) The Applicant has demonstrated to the satisfaction of the Planning Commission that there have been changed conditions affecting the subject parcel and the surrounding neighborhood that justify the proposed zoning amendment. PC findings/recommendations regarding the previous PUD change to a triplex— As the Minor Preliminary Plan application was a result of the Applicant proposing an amendment to the current Final PUD, the Planning Commission also found that: a) The Minor Preliminary Plan as currently designed may be considered an enhancement to the current PUD; b) The amendment, as currently proposed, appears to have a substantially adverse impact or effect on the neighborhood surrounding the land where the amendment is proposed; and c) The proposed amendment might change the basic character of the PUD or surrounding area, if the design, massing and intensity remain the same as currently proposed. PC findings/recommendation regarding to unit sizes and density— The Planning Commission further suggests that a potential amendment of the application to reduce the intensity of use of the property by reducing the size of the units as well as reducing the mass and scale of the structure could obviate the need for some of the numerous variations requested by the Applicant which could lead to a favorable recommendation by the Planning Commission. PC finding/recommendations regarding to building height and massing — The proposed design of the building does not appear to satisfactorily convey the perception that the building is not monumental in scale, including its relationship to the scale of surrounding adjacent buildings, because: i) There are concerns about the scale, form and proportion of the proposed building that does not appear to relate well to the massing or form of the prevailing surrounding, existing buildings in the immediate vicinity of the site, with the potential exception of the transitioning heights of the buildings that were adequately demonstrated and verified by the Applicant; and 5 ii) The current design of the building does not appear to respect human scale, in particular along the trail on the east side of the site, as a result of the reasons stated above. PC findings/recommendations regarding community purposes for the buildout variation— The Applicant's offered community purpose(s), do not appear to be entirely legitimate as the proposed buildout variation from zero to the three units, which calculate to 13.75 unit equivalents without the garages and 18.0 unit equivalents with the garages, and the proposed community purpose(s) do not appear to be in balance with the significant buildout variation request, because: a) good design, landscaping, the preservation of golf/Nordic path, the replacement or mitigation of the wetland pond are standard requirements or typically desired elements for the proposed development, which in this case is not entitled as a result of the proposed rezoning to MF; b) the proposed development does not appear to necessarily provide improved economic sustainability over existing conditions as a result of the large unit sizes being proposed, which are considered cold beds versus high- occupancy turnover beds, thus making the proposal seem less consistent with Comprehensive Plan policies; and c) the application does not appear to satisfactorily demonstrate that an acceptable community purpose could be achieved as a result of granting the buildout variation. In addition, the proposed development receives a redevelopment credit per the Code, and such calculation reveals that no employee housing square footage would be required. However, employee housing provided above any mitigation requirement could be considered a community purpose for the granting of the buildout variation request. VII. STAFF FINDINGS AND RECOMMENDATIONS As previously explained, other than staff providing a recommendation concerning the action on such amendment acceptance or not, staff or referral agencies are not in a position at this time to evaluate in detail and provide comments or recommendations on the amendment itself. However, Planning staff has provided the informational type comments and background information for comparative purposes in the sections above in efforts to assist the Council in making a decision on whether to accept the amendment. There is no criteria in the Code for determining whether an amendment to an application or portions thereof should or should not be accepted or if all or portions of it should be referred or remanded to the Planning Commission. The Code appears to provide total discretion to the Town Council for making such determinations. Staff would advise that there is no allowance or entitlement to residential development on this property until it is re-zoned. Considering that the 'MF zone district is still proposed with a modified Preliminary Plan for a duplex, Town 6 Council may wish that Planning Commission further analyze the appropriateness of the 'MF zone district as a result of the modified application for a duplex proposal. On the other hand, considering that a PUD application is required by Code with a re-zoning application, and if Town Council finds that the amendments are more reflective or responsive to previous recommendations, Town Council may opt to continue with the review of the modified proposal. Procedurally, if the amendment is accepted, the applicant should comprehensively update the application, text, tables, plans and its affected reports and studies. Once deemed complete, the amended application as a whole should be referred for review to the affected Town Departments and referral agencies. As a result, a Planning Commission meeting should be scheduled or the Town Council public hearing continued to later in the fall when all the review comments and staff analysis could be presented. Staff further recommends that if the amendment is accepted, that it should be explained to the applicant that it does not represent an approval, only an acceptance to allow referral, review and consideration of the comprehensive update of the application amendment as a whole. Vlll. OTHER HEADINGS RELATED TO THE TOPICS Attachments: Message dated July 13, 2009 from a representative of the Country Club Townhomes Association; and Resolution No. 18, Series of 2009 Separate Handouts: 1. Applicant's proposed amendment and concept plans for a duplex development dated June 29, 2009; and 2. Excerpts of previous triplex plans from Preliminary Plan application dated October 27, 2008 provided by staff. IX. NEXT STEPS Next Steps include, determining if amendment is accepted: Remand the amendment to the Planning Commission and close the public hearing; or Continue the Town Council public hearing to later in the fall to allow time for the application to comprehensively update and complete the application as a whole and to allow time for referral of the amended application and for staff, other Town Departments, and referral agencies to review the modified proposal. Note: the above steps could take up to an estimated 60 to 90 days to complete prior to scheduling of a Planning Commission or Town Council meeting considering both the applicant's preparation time and the referral and review procedure time). 7 Jim Wahlstrom From: Howard Foley[hpfoley@msn.com] Sent: Monday, July 13, 2009 8:00 AM To: Jim Wahlstrom Subject:Golf Shop Development/latest proposal Jim, First, I want to thank Stan Clauson Associates Inc. for sending me a letter on July 10th, with their latest proposal for the site. In my opinion, it represents a credible and respectful response to the Planning Commissioners' concerns that have surrounded this application from the beginning of the review process back in July of 2008. As I recall at that time we were looking at a proposal for two large buildings up to a height of 48 feet with substantially more height, scale, mass, density, volume, parking, set-back, wetlands infringement, public transportation and community compatibility issues than this new plan. I have emailed the information I received from Clauson Assoc. to our Board of Managers and several other owners here at the Country Club Townhomes for their comments. I would welcome the opportunity to meet with you and share the feedback I have received to date. Please let me know by return email if that is possible. Thanks again for all the work you and the Planning Staff have done on this project. Howard, Pres. CCTH 1 I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION No. 18 5 SERIES OF 2009 6 7 A RESOLUTION ACCEPTING AN AMENDMENT SUBMITTED JUNE 29, 2009 TO THE 8 PRELIMINARY PLAN APPLICATION FOR THE SNOWMASS CLUB CIRCLE PROJECT 9 PROPOSING A DUPLEX IN LIEU OF A TRIPLEX, AND AUTHORIZING CONTINUED 10 SUBSEQUENT REVIEW AND CONSIDERATION BY TOWN COUNCIL OF THE 11 AMENDMENT. 12 13 WHEREAS,the previously revised Preliminary Plan application was presented to the 14 Town Council on February 17, 2009, and at that time, there were public and Town Council 15 comments that indicated an unfavorable reaction to the proposal for a triplex,thus resulting in 16 the applicant requesting a continuance of the hearing to May 18,2009 to consider a redesign 17 of the proposal which hearing was continued again to July 20, 2009; and 18 19 WHEREAS, Bear Realty, Inc. ("Applicant'), submitted on June 29, 2009 an 20 amendment proposal involving a change for a duplex in lieu of a triplex to the Preliminary Plan 21 application, as further described or illustrated and incorporated herein as Exhibit "A'; and 22 23 WHEREAS, Section 16A-5-340(k), Amendment, of the Snowmass Village Municipal 24 Code (the "Municipal Code") explains the process for proposed amendments to PUD 25 applications already reviewed by the Planning Commission; and 26 27 WHEREAS,the Town Council was scheduled to consider acceptance of the proposed 28 amendment to the application on July 20, 2009 during the continued public hearing and to 29 authorize subsequent referral, review, analysis and consideration of the entire updated 30 application as a whole. 31 32 NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of 33 Snowmass Village, Colorado, as follows: 34 35 Section One: Findings on Amendment. The Town Council finds as follows: 36 37 1. The amendment proposal dated June 29, 2009 was submitted after the Planning 38 Commission reviewed and provided recommendations on the previously revised 39 Preliminary Plan application via Resolution No. 3, Series of 2009, passed on January 7, 40 2009. 41 42 2. Pursuant to Section 16A-5-340(k)(3) of the Municipal Code ("Code"), the Town Council 43 has determined that the amendment proposal alters the Preliminary Plan to such an 44 extent that it warrants/does not warrant referral back to the Planning Commission for 45 review and recommendations thereon. 46 47 Section Two: Action on Amendment Request. Pursuant to Code Section 16A-5-340(k), 48 the amendment proposal dated June 29,2009, as further described or illustrated in attached TC Reso. 09-18 Page 2 of 4 49 Exhibit"A,"is hereby accepted/not accepted for subsequent continued review,analysis and 50 consideration, subject to the Conditions in Section Three below. 51 52 Section Three: Conditions. The acceptance of the initial amendment is conditioned upon 53 satisfaction of the following requirements: 54 55 Option 1: 56 57 Pursuant to Municipal Code Section 16A-5-340(k)(3),the applicant shall comprehensively 58 updated the application, text, plans and affected reports/studies to reflect the current 59 proposed amendment,and once deemed complete,Town Staff shall refer the amendment 60 for review to affected Town Departments and referral agencies for review and comment 61 and forward such replies to the Town Council for an ongoing review at a subsequent 62 meeting and continued public hearing together with a detailed analysis by staff including 63 any recommended mitigation to address the effects or impacts of the proposed 64 amendment. 65 66 Option 2: 67 68 Pursuant to Municipal Code Section 16A-5-340(k)(3),the applicant shall comprehensively 69 updated the application, text, plans and affected reports/studies to reflect the current 70 proposed amendment,and once deemed complete,Town Staff shall refer the amendment 71 for review to affected Town Departments and referral agencies for review and comment 72 and forward such replies to the Planning Commission that shall review, analyze and 73 provide their recommendations to the Town Council by resolution on the applicant's 74 proposed amendment including any recommended mitigation to address the effects or 75 impacts of the proposed amendment. 76 77 Section Four: Severability. If any provision of this Resolution or application hereof to any 78 person or circumstance is held invalid, the invalidity shall not affect any other provision or 79 application of this Resolution which can be given effect without the invalid provision or 80 application, and, to this end, the provisions of this Resolution are severable. 81 82 READ,APPROVED AND ADOPTED by the Town Council of the Town of Snowmass 83 Village on July 20`h, 2009 upon a motion by Council Member the second of 84 Council Member and upon a vote of_ in favor and _opposed. 85 86 TOWN OF SNOWMASS VILLAGE 87 88 89 90 Bill Boineau, Mayor 91 92 ATTEST: 93 94 95 96 Rhonda B. Coxon, Town Clerk TC Reso. 09-18 Page 3 of 4 97 98 APPROVED AS TO FORM: 99 100 101 102 John C. Dresser, Jr., Town Attorney 103 104 105 Attachments: 106 Exhibit "A" — Applicant's Amendment dated June 29, 2009 including exhibits (Note: 107 see separate handout—to be inserted later) 108 109 110 III TC Reso. 09-18 Page 4 of 4 112 Exhibit "A" 113 Town Council 114 Resolution No. 18, Series of 2009 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 Insertion for 133 134 135 Applicant's Amendment 136 dated June 29, 2009 137 including exhibits 138 139 140 141 See separate handout for the 142 Town Council meeting July 20, 2009) r STAN CLAUSON ASSOCIATES INC RECEIVEDarchitecture. planning.resort design 412 North Milt Street Aspen, Colorado 816ic t.970/925.2323 If.970/92o-i628 JUN 2 9 2009 info®scaptanning.com www.scaptanning.com Snowmass Vwdgt Community Development 29 June 2009 Town Council Town of Snowmass Village c/o Chris Conrad, Planning Director 130 Kearns Road Snowmass Village, CO 81615 RE: 300 Snowmass Club Circle/Amendment to Preliminary Plan Application Greetings: Stan Clauson Associates, Inc. represents Bear Realty in connection with its Preliminary Plan Application for a Planned Unit Development of property located at 300 Snowmass Club Circle. On behalf of Bear Realty, Stan Clauson Associates, Inc. is requesting that the Preliminary Plan Application be amended to provide for the construction of a residential duplex. This request would amend the previous application which provided for the construction of three (3) residential units. We enclose the following items to assist the Town Council in their review of the applicant's request for amendment: Modified Floor Plan; Modified Site Plan and Landscape Treatment; Building Elevations; View Simulations: and Supporting site and development measurements. Bear Realty has engaged in a redesign of the development which maintains many aspects from the previous design. The intent of the redesign is to respond to the comments and critiques received from the Council during the previous hearings. The redesign: Reduces Building Mass, Footprint, and Height The redesigned development represents less mass and units, responding to the neighboring properties in a more sensitive manner, and creating a transitional development between the Club Villas and Country Club Townhomes. Reduces Requests for Variance The applicant has been able to resolve many of the features that necessitated the request for variances. The redesigned development: Town of Snowmass Village Town Council Amendment to Preliminary Plan Application 300 Snowmass Club Circle 29 June 2009 o Reduces the number of proposed bedrooms to a total of eight, which allows the eight (8) required parking spaces to be comfortably accommodated entirely on site; o The proposed development has been moved to the south, meeting the Town's 25- foot setback requirement in connection with the reconstructed water feature on the north side of the site. The neighborhood water feature is still proposed to meet the l:1 replacement goal and will be designed to provide an aesthetically pleasing community purpose. Because a residential use had not been contemplated for the site when the Comprehensive Plan Buildout Chart was created, the Applicant requests a variance in connection with the residential buildout. This request is to amend the table from zero (0) units to two (2) units. The unit equivalency (UE) is, reduced from 18 UE in the previous design to 11 UE in the current design. Zonina Classification Applicant continues to seek the re-zoning of the property to "Multi-Family"-Planned Unit Development (MF-PUD). This zone district is consistent and compatible with adjacent residential zoning. Thank you for your consideration of the enclosed materials. We look forward to presenting the redesigned development at the 20 July 2009 Town Council hearing. Please do not hesitate to contact us with any questions. Very truly yours, O. Patrick S. Rowley STAN CLAUSON ASSOCIATES, INC. Enclosure Cc: S.R. Mills, Bear Realty Jim Wahlstrom, Senior Planner(w/ enclosure) mZ A D A Ap T—. z z zzi 2 z A A z0 c O z r D m 0 O m 7J T p T W O m A p O D° 3 Q m w m m W A Z D 0 OO O m m o m D oW o0 0 C z O N o N O QL A T A V N °NO n 0 ElEld z r D O CD o Z IT) O C A z A O 4 m A W A O z 0 9 O nr>r N T s , STAN CLAUSON ASSOCIATESiNc r Q lueaca oa ucnuatl ura.al,nnina.nsm1 eulan i pa North.Wit Sheet Aspae,Calmado 6,6,, c I I 300 Snowmass Club Circle InfoOscaplanni ,com . wwwae InleOece laenln .com wwwsca tannin ,com w SNOWMASS,COLORADO 81654 OC STAN CLAUSON ASSOCIATES INC 2009 N COGGINS-STEWART ARCHITECTS W L r CD 0 z v z v r O2 OO m c O v,r, N CYJ gp r R F STAN CtAUSON ASSOCIATESIee pp O lantl u.e.arcnu.ale,..vlmni........1 augn b a 300 Snowmass Club Circle ax NOrth AUll9trael Gs9!a.COIOOCO Mn P I I L97o/9x5nyx9 1.970tyx0•t6x8 Inloa... lannln ... wwwsn lannln .aom SNOWMASS,COLORADO 81654 N STAN CLAUSON ASSOCIATES,ING 2000 GOGGINS-STEWART ARCHITECTS ill Snowmass Club Circle I pry T r II1/ na Zd" i Fr da GI J 7 N Vl o a Tf o I Ii g 5- kLpunofl l iadad gooh m vl 0 a m m m n 2 C n 3 n STAN CLAUSON ASSOCIATESmc IMUnu........pn... YrHJn a 300 Snowmass Club Circle 33'3"" pm,64''"°"" w1aftaYaml L9°Daoad° NbMta Ymlln .[Wn warw.f[a La nin .[am SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES,INC 2009 COGGINSSTEWART ARCHITECTS 26'-9" 36'-5" I 29'-7" I I I I I I I m I I I I o I U) W i M I I O ItZ I I Z W Z I o 19,-3" 28'-0" a T1 m 27'-10" w 29'-7" 28'-9" 36'-5" r f 36'-5" G7 r m O n m D ]I rrairt3lsva 8 bi S S 8 N O O 08888888m 1trn Z gym s8ss888 $ v m 01 WEST ELEVATION Z D X pp m 1STAN CLAUSON ASSOCIATESiwC 4$Simi...,. n. ..,ur..., .no.,..., e.... 462"mh MIN "W,•Cobr000 SM, i30_00 SnowmaSS Club Circle L,>ob,7 7,7 C97091016" Min .[Mn we Minb.<eM z I SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES,INC 2009 N COGGINS-STEWART ARCHITECTS 28'-9" I 36'-5" 27'-10" I I 28'-0" I I I C I D CA I OD A m I CX, w C2 mz fra rn D m r I Zp7 I Cq I I I4 28'-9"I 29'-7°I I 26'-0"4L I COIlV V3 36'-5" N S V J O m m o O m s 0 m s 'srx s z D z ` I < Cn — o R O z m y y r 9998889 T i (p DvvR y WEST ELEVATION O O 999s9ss m Z O CD r Al TT N X M STAN CLAUSON ASSOCIATESin m q I....,... .,.al,.......n i. .... ... , ILUa. 300 Snowmass Club Circle m"°21123""` M'..1628 °"" i l910IO2S-2327 1.9lagao•s6 8 I I I Info ° lannln .com wwws° tannin ,om Z SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES,INC 2008 N COGGINS-STEWART ARCHITECTS m m r J 2 mmirm cn yy m 1 wqrw 1 a r i f m 3 O r A t m ro STAN CLAUSON ASSOCIATESINC Q up r.............. ...... p$ ' U 300 Snowmass Club Circle i i Mrobu oNn .+mm www+u ronnin um SNOWMASS.COLORADO 61654 STAN CLAUSON ASSOCIATES,INC Zoos mwQ)GOGGINSSTEWART ARCHITECTS 300 Snowmass Club Circle Minor Preliminary PUD Amendement Project Comparison Chart 26- Jun- 09 27 October 2008 Submittal 126 June 2009 Supplmental Total SF 12, 168 SF 7, 987 Maximum Height 38 feet 36 - 4 3/ 8" Number of Units 3 2 Avg. SF saleable / per unit 4, 056 3, 768 Unit Equivalent 18 11 Density 7. 5 DU/ AC 5 DU/ AC F. A. R. 69: 1 46: 1 Open Space 68% 75% Setbacks F: 30', R: 10', S( w): 10', S( e): 22' F: 44'- 2", R: 13- 6", S( w): 11' 4', S( e): 20'- 2" - 32'- 6" Parking Required 13 8 Parking Provided 10 ( access to 27) 8 Proposed Variations Parking, Wetland Setback, Buildout Buildout Excerpts from previously revised Snowmass Club Circle Preliminary Plan Dated October 27, 2008 For Town Council meeting July 20, 2009 r4— oO ROOF SITE PLAN SHEET Al b 00 0. TOWNHOU- SES 4 RX60 ZIA) ffhi t 10 OIN C) kW5AS, S QfR- CLE -,' OL , by, C f: Ewc Xl NINT, r I k` QIaA A+p. n PuW' us bmJNOai Mry1M/ n Gnlaa} 955P. f Cf 1. j '. Y) RoryM nlWn 6la a Am+ m fir f Rm SWa HWMx admmue CR ky Mw nSafe Carer S P." S{ E!x , a mP+ T'e TMa MMMS V LI J' ` n, I GRAPHIC SCALE N 1 Wrae r• ma LI k F•IA CvA` jLk^ SIIAl ESw fj LANDSCAPE PLAN PINNACLE ij OESM SHEET LAi wN31N- TWG ENOINEEPB L p m 4 of" iti- i f F•'e NORTH ELEVATION' A' 13 U it to fled IV1 taF/. Art V 1. 4 N_. hr. 7 II I Y11+. 4111 slkflBQai IF' ll F61nF w„® MIMI J SOUTH ELEVATIONS' ELEVATIONSSHEET A5 I O` NI SOUSES 00 0 1111n ppih.. rsca ara -- r_ a__ azaarca- ir. a._ r Vi I Mum SOUTH- EAST ELEVATION' C' EAST ELEVATIONS 7'() 1V N1- I O US E S Page 1 of 2 Donna Garcia From: Jim Wahlstrom Sent: Monday, July 13, 2009 1:00 PM To:Donna Garcia Subject: FW: 300 Snowmass Club Circle/Old Clubhouse Parcel/needs at least"one tweak" Donna, Below are other comments received from the Country Club Townhomes Association on the Snowmass Club Circle amendment for the Town Council meeting 7/20. 1 included the previous one received in the report provided to you this morning. However, the one below was not referenced. Is this something that could be passed out to Council next Monday for the public record, or is there another means? Jim From: Howard Foley [mailto:hpfoley @msn.com] Sent: Monday, July 13, 2009 10:38 AM To: Jessie Young Cc: Jim Wahlstrom; Kastan, Bradley (Exchange); John Flynn Subject: Re: 300 Snowmass Club Circle/ Old Clubhouse Parcel/needs at least "one tweak" Jessie, Many thanks for emailing the latest proposed development plan for this site at the entrance to our Country Club Townhome community. I have circulated it to our Board of Managers and some other owners for their feedback. One quick question. Why was the third level added to Unit B, the unit closest to our property line where the building heights are lower (32', not 33')? Wouldn't it make sense to add this third level to Unit A, the unit closest to the Club Villas where the building heights are higher (47')? That seems to me to be a more "sensitive" approach to "creating a transitional development between the Club Villas and the Country Club Townhomes", one of your new design objectives. I'm sure the design could be "tweak" to achieve this objective. Howard Foley, Pres. CCTH Original Message---- From: Jessie Youno To: hpfolev@msn.com Cc: smills @BearRealty.com ;jimwahlstrom(a tosv.com Sent: Friday, July 10, 2009 11:40 AM Subject: 300 Snowmass Club Circle/Old Clubhouse Parcel Mr. Foley, Please see the attached letter and supplemental application describing the revision to the proposed project at 300 Snowmass Club Circle. Sincerely, Jessie Young 7/13/2009 Page 2 of 2 Jessie Young STAN CLAUSON ASSOCIATES INC landscape architecture.planning .resort design 412 N. Mill Street Aspen, Colorado 81611 1. 970/925.2323 1.970/920.1628 lessie@scaplonning.com www.scaplanning.com Please consider the environment before printing this email. CONFIDENTIALITY NOTICE:This e-mail may contain confidential and privileged material for the sole use of the intended recipiends). Any review, use,distribution,or disclosure by others is strictly prohibited. If you have received this communication in error,please notify the sender immediately by e-mail and delete the message and any file attachments from your computer. Information given or attached herewith is provided for informational purposes only. Stan Clauson Associates,Inc.cannot guarantee the accuracy of this data and assumes no responsibility for any liability incurred by the recipient from the use of this data. Any information used for engineering or surveying purposes must be verified by a licensed engineer or surveyor and can only be used if written permission is obtained from Stan Clauson Associates,Inc. 7/13/2009 TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: July 20, 2009 Aspen School District Housing Proposal On July 20"', staff anticipates providing Council with an update on discussions to date on the Aspen School District's proposal to develop an affordable housing project beside Anderson Ranch. Rodeo Event/Additional Parking for the Winter The Aspen Ski Company has offered to pay for gravel and additional improvements to create additional parking between the rodeo event arena and Brush Creek Road if the Town elects to provide free parking for the 2009/2010 winter season at the Town Park location. Staff believes this is a cost effective enhancement of parking at the Town Park/Rodeo Site. Staff has met with the Rodeo organizers and they have asked to keep this area as an exercise/warm up area for rodeo riders for the summer season. If parking remains free for the coming season, staff would turn this area between the Rodeo event and Brush Creek in to a parking area using the contribution from the Ski Company. Summary of Ongoing and Pending Strategic Actions Last Updated —July 10, 2009 Staff Action Status Date to follow-up w/ Contact 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 August 17, 2009 John Dresser 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 August 17 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 th the Town Council asked that This project would Department Inventory a Land Inventory to identify potential housing cost approximately sites be completed after the Town completes $16,000 based on a is June.budget review. On June 1, staff will proposals from provide an update on the budget. Design Workshop. Housing Housing Lottery/ The Housing Committee has received August 2009 Department Guidelines direction from Council on housing policy issues to review. 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 2009, 2009 Tax and its application Joe C Natural Disasters On 11/3 Council asked that staff further July 20, 2009 Terri and Cost evaluate criteria for allowing some costs from Everest) Recovery in Deed property damage incurred by natural disasters Restricted For in deed-restricted homes to be recovered Sale Housing upon the resale of the home. Examples of criteria discussed included: cap on recovery based on a % (percent) value of the home and requirements for comprehensive insurance. Budget/Finance Finance Monitoring Staff will provide the next comprehensive September 2009 Department Revenue financial update for 2009 as part of the discussions for the 2010 budget. Marianne Skittles Operation Council requested a direct discussion with July 20, 2009 stakeholder (Aspen Skiing Co, West Pac Related, Staff, merchants) on hours of summer operation for the Skittles. On May 18`", 2009 Council provided direction to operate 7 days a week during a summer period Russ, Community On July 6 m Council asked that staff plan a Prior to Labor Day Marianne,Meeting on State public meeting to provide input on the weekend. Susan of Economy economy and for them to solicit feed back to develop the budget Environment/Sustainability Jason Haber Review of REOP On October 20, 2008, Council passed a October 2009 fee schedule motion directing staff to schedule this review for March 2, 2009. On March 2, Council asked that the fees and language for PUDs be reviewed prior to November 2009. 1sT DRAFT SNOWMASS VILLAGE TOWN COUNCIL SPECIAL MEETING AGENDA July 27, 2009 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THE STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS 5-minute time limit) Item No. 3: COUNCIL UPDATES Item No. 4: COMPREHENSIVE PLAN - CHAPTER 3 COMMUNITY ARTS, CHAPTER 4 REGIONAL AND COMMUNITY ECONOMICS, AND CHAPTER 5 COMMUNITY SERVICES, FACILITIES AND AMENITIES Time: 120 minutes) ACTION REQUESTED OF COUNCIL: Review Chapters 3, 4 and 5 and provide direction, and all the edited Chapters to date. Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Page Item No.5: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 3 hours excluding items 1-3 and 6 —7) 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. 4v' DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING AUGUST 3, 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: KRABLOONIK UPDATE Time: 60 minutes) ACTION REQUESTED OF COUNCIL: Item No. 5: REPORT ON CAPITAL PROJECTS FROM THE FAB Marianne Rakowski & Rick Griffin Item No. 6: RODEO PLACE PHASE 2B Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Determine if there is market demand to allow the Town Manager to enter into a contract with Rudd Construction for Phase 2B Joe Coffey .............................Page (TAB --) Item No. 7: TENTATIVE (DEPENDENT UPON A RESUBMISSION BY THE APPLICANT IN MID-JULY DISCUSSION: CONCERNING PROPOSED ADMINISTRATIVE Time: 60 minutes) MODIFICATION TO WOODRUN PLACE INVOLVING DESIGN CHANGES, DELETIONS/WAIVERS OR DEFERAL OF CERTAIN IMPROVEMENTS REPRESENTED DURING THE PREVIOUS PUD AMENDMENT REVIEW AND APPROVAL VIA ORDINANCE NO. 15, SERIES OF 2006. ACTION REQUESTED OF COUNCIL: Direct staff concerning action or modification of related record of decision. Jim Wahlstrom Item No. 8: COMPREHENSIVE PLAN 08-03-09tc Page 2 of 2 Time:45 minutes) ACTION REQUESTED OF COUNCIL: Review unfinished chapters Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Page (TAB ) Item No. 9: MANAGER'S REPORT Time: 10 minutes) Russell Forrest ..........................Page (TAB--) Item No. 10: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB--) Item No. 11: APPROVAL OF MEETING MINUTES FOR: Page (TAB--) Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 1 hour and 30 minutes (excluding items 1-3 and 7 —10) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. I SNOWMASS VILLAGE 2 REGULAR MEETING MINUTES 3 MONDAY, MAY 18, 2009 4 5 Mayor Pro-Tem John Wilkinson called to order the Regular Meeting of the Snowmass 6 Village Town Council at 4:00 PM. on Monday, May 18, 2009. 7 8 Item No. 1 ROLL CALL 9 10 COUNCIL MEMBERS PRESENT: Mayor Pro-Tem John Wilkinson, Reed Lewis 11 and Markey Butler 12 13 Arnold Mordkin arrived at 5:35 P.M. 14 15 COUNCIL MEMBERS ABSENT: Mayor Bill Boineau was absent 16 17 STAFF PRESENT: John Dresser, Town Attorney, Rhonda B. 18 Coxon, Town Clerk; Russ Forrest, Town 19 Manager; Hunt Walker, Public works 20 Director; Jason Haber, Economic Resource 21 Director, Donna J. Garcia- Spaulding, 22 Deputy Town Clerk; Brandi Lindt, Assistant 23 Finance Director; Susan Hamley, Marketing 24 Director; and other members of the public 25 interested in today's Agenda items. 26 27 PUBLIC PRESENT: Randy Woods, Joan Bemis, Jeanne 28 Woods, Edgell Pyles, Patrick Rawley, Greg 29 Woods, Mike Waters, Steve Sewell, David 30 Corbin, Molly Donnelly, Jami Downs, 31 Nelson Bell, Emily Garaffa, Doug Dotson, 32 Steve Sewell, Scott Stenman, and other 33 members of the public interested in today's 34 Agenda items. 35 36 Item No. 2 PUBLIC NON-AGENDA ITEMS 37 38 There was nothing for discussion at this time. 39 40 Item No. 3 COUNCIL UPDATES 41 42 Council Member Lewis - Phone Out of Order 43 Lewis reported that his phone has been out of order for the past few days and 44 apologized for any inconvenience this may have caused and stated that he would have 45 a functional phone beginning tomorrow, May 19, 2009. 46 05-18-09tc Minutes Page 2 of 15 47 Item No. 4 CONTINUATION OF PUBLIC HEARING AND DISCUSSION - 48 SNOWMASS CHAPEL CONSIDERATION OF PROPOSED RE-ZONING 49 TO 'MIXED-USE-1' (MY-1), TOGETHER WITH ASSOCIATED 50 SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES AND A LOT LINE 51 ADJUSTMENT, PLUS A FINAL RE-PLAT OF THE PROPERTY WITHIN 52 EXISTING LOTS 1 AND 2A OF THE SNOWMASS CHAPEL INTERFAITH 53 SUBDIVISION AND A PORTION OF PARCEL 10 OF THE SNOWMASS 54 CLUB SUBDIVISION, IN ASSOCIATION WITH THE PROPOSED 55 SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT 56 DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT AND 57 HEIGHT VARIATIONS 58 59 Mayor Pro-Tem John Wilkinson announced that both he and Councilman Reed Lewis 60 were on the Town Council at the time the Sketch Plan was reviewed so they have been 61 through the presentation. 62 63 Council Member Markey Butler requested that the Applicant move through an 64 abbreviated visual of today's presentation, since she has seen what was reviewed at 65 Planning Commission during the time she served on that Board. 66 67 Mayor Pro-Tem Wilkinson stated that he is interested on details pertaining to the 68 maintenance garage and opened the Public Hearing at 4:05 p.m. 69 70 The Senior Planner Jim Wahlstrom stated that staff previously published the Public 71 Hearing Notice for the May 4th meeting, then staff found out that there would only be two 72 Council Members present who could consider the application so the Applicant agreed to 73 continue the hearing to today's meeting. 74 75 Wahlstrom provided Council with background and stated that on September 5, 2006 76 Council accepted via Resolution No. 9, Series of 2006 the modified Preliminary Plan 77 application for the Snowmass Chapel, including the intended MU-1 zoning district and 78 authorized the Applicant to proceed to Final PUE application. The action section of that 79 resolution concerning the proposed rezoning specifically stated that the Town Council 80 accepts the rezoning of Lot 1 and Lot 2A of the Snowmass Chapel Interfaith Subdivision 81 and on that portion of Parcel 10 of the Snowmass Club Subdivision involving the land 82 exchange area of approximately 8,400 square feet to MU-1, as now proposed in the 83 amended application by the Applicant and authorizes the Applicant to formally request 84 such rezoning together with a Final PUD application for possible ratification with a Final 85 PUD ordinance, subject to the Applicant completing a land exchange agreement and 86 subdivision exemption plat with the adjacent owner. 05-18-09tc Minutes Page 3 of 15 87 Wahlstrom referred Council to packet page 11, Summary of Core Issues and explained 88 that there are 15 items listed due to the multiple applications. He reported that the 89 Applicant just submitted a parking amendment that staff has not had time to review and 90 requested deferring discussions until the next Town Council meeting. 91 92 Wahlstrom reported that he received word from Doug Dotson who will be representing 93 the Chapel that they would like to focus on the site plan layout of the landscaping, 94 building elevations and the bridge change. 95 96 The Applicant Representative for the Snowmass Chapel Doug Dotson provided 97 Council with a Power Point Presentation depicting parking; existing buildings; uses 98 allowed on Lot 1; uses allowed on Lot 2A including parking, organ, lighting, landscaping, 99 trails and open space; and prohibited uses on Lots 1 and 2A including retail sales 100 establishments, commercial lodging, commercial education institution, other 101 professional business offices, commercial catering, and other uses allowed in the MU-1 102 zone district not identified as an allowed use in this Final PUD Guide. Dotson's 103 presentation addressed details of other rezoning requests, Final PUD Plan proposed 104 changes from Preliminary Plan, Final PUD site plan with additional parking, grading and 105 drainage, trail and access easements, utilities, bridge crossing, sanctuary levels, and 106 colors and materials to be used. 107 108 Dotson stated that the carillon bells are permitted to be used for worship services, 109 weddings and memorials. At the discretion of Snowmass Chapel the carillon bells can 110 be used during the following times: noon, memorials, worship services, special national 1 I 1 and community events, such as Memorial Day, 4`h of July and other similar activities 112 that involve a celebration of the community and gathering of community residents and 113 weddings. The duration for each occurrence shall not exceed on minute, use of the 114 bells is limited to hours between 8:00 a.m. and 8:00 p.m., the carillon bells shall be 115 limited to one occurrence for each event/activity, bells shall be limited to a maximum of 116 two times per weekday, three times on Saturdays and four times on Sundays. There 117 shall be a target sound level of 65 db measured at the property line for the carillon bells. 118 119 Dotson confirmed their commitments including community purpose space, employee 120 housing, transit shelter, Brush Creek restoration plan, construction management plan, 121 and a parking management plan. During the next meeting Dotson reported that they 122 would like to cover the parking improvements, parking management plan and answer 123 remaining question that Town Council might have. 124 125 Note: Mayor Pro-Tem Wilkinson took public comment at this time. 126 127 Chaplain Edgell Pyles 05-18-09tc Minutes Page 4 of 15 128 Stated that they are presenting to Council the same Fiske organ that they started out 129 with, which will be in a smaller space, which will diminish the acoustical quality. 130 131 Hunter O'Hanev 132 Disclosed that he is on the Snowmass Arts Advisory Board (SAAB), President of 133 Anderson Ranch Arts Center and Director for the Snowmass Chapel. O'Haney stated 134 that Town and Chapel have tried to be very good neighbors over the years and they 135 very much want to continue this relationship. He stated concern over two immediate 136 issues including 1) The parking lot agreement, which is the major access and parking lot 137 for the Anderson Ranch Arts Center and 2) The construction management plan, since 138 the Ranch is extremely busy during the summer months with 1,100 students, 28 139 residents on site, and 80 public events scheduled. He stressed that their concern is 140 with construction disruption and requested that those activities be held to a minimum. 141 142 Mayor Pro-Tem Wilkinson requested that the construction management team work with 143 Anderson Ranch. 144 145 Mike Waters 146 Local Snowmass Village resident addressed the lighting issue and requested that this 147 be done according to Code. He requested that the steeple lighting before and after 148 events be set on timers for the sake of preserving the night skies and being good 149 neighbors. 150 151 Waters inquired about the community meeting space at the Chapel and asked if there 152 are set rental fees and if so what those fees will be. 153 154 Council Member Markey Butler and Dotson addressed the bridge issue and weight of a 155 fire truck at 70,000 pounds and concluded that the Applicant present to Town Council a 156 comfort-level plan during the next meeting. 157 158 In response to an inquiry by Council Member Butler, Chaplain Pyles stated that the 159 existing pews/chairs will be staying so they can be used in the multi-use community 160 meeting room. 161 162 The Town Council and Applicant began filtering through the packet of information 163 beginning on page 11 with the summary of core issues and came to the following points 164 of conclusion for the Applicant to work on, including avoid up-lighting: 165 166 4. Maintenance building garage would be subject to the associated fees if it is going 167 to be heated based upon the REOP Ordinance; 168 05-18-09tc Minutes Page 5 of 15 169 8. Parking provisions will be discussed during the next Council meeting; 170 171 9. Dotson will bring back to Council detailed calculations regarding the employee 172 housing commitment; 173 174 10. The proposed 10-year vesting development agreement needs to be shortened 175 and Dotson bring back to Council details pertaining to the vesting issue proposal, 176 separate from fund raising language; construction will not be completed in phases; 177 178 11. Bus pull out would be worked out with the Fire Department to iron out potential 179 problems such as a passing lane and discuss cost sharing; 180 181 13. Proposed off-site easements would have to be executed prior to the Town 182 executing the final plat and that the landscaping does not interfere with the winter 183 Nordic Trail; 184 185 15. Proposed exemption from the renewable energy offset program needs further 186 discussion for clarification purposes. 187 188 Jim Light 189 Chairman of the Board at the Chapel stated that they do not want to see this application 190 in the same position as we are seeing with Related Westpac's project across the street. 191 Light explained that the Chapel desires to raise all the money to build this project and 192 one of the dilemmas they have encounter is how lengthy and expensive this process 193 has become and because of this it has undermined their fund raising efforts. 194 195 Allison Renshaw - Letter 196 The Town Senior Planner Jim Wahlstrom referred Council to packet page 48 depicting a 197 written public comment letter from Allison Renshaw. She wrote as a part-time 198 Snowmass resident living in Season's Four Condominiums across the street from the 199 Chapel and a past resident of Anderson Ranch, she would like to voice concerns in 200 opposition to the proposed expansion and rezoning. 201 202 In consideration of the time allotted for today's packet, Mayor Pro-Tem Wilkinson 203 continued public hearing discussion of the Snowmass Chapel to the June 1, 2009 Town 204 Council meeting scheduled to begin at 4:00 p.m. 205 206 NOTE: At 5:10 p.m. Mayor Pro-Tem Wilkinson made a motion to convene into 207 Executive Session pursuant to Colorado Revised Statues 246-4024 208 and Snowmass Village Municipal Code section 2-45c specifically 209 discussing conference with an attorney for the purpose of receiving 05-18-09tc Minutes Page 6 of 15 210 legal advise on specific legal questions pursuant to Colorado Revised 211 Statutes 246-4024 and Snowmass Village Municipal Code section 2- 212 45c. the motion was seconded by Reed Lewis with an approved vote 213 of 3 in favor and 0 opposed. Council Member Arnold Mordkin had not 214 yet arrived the Regular Town Council meeting and Mayor Bill Boineau 215 was absent. 216 217 NOTE: Council Member Arnold Mordkin arrived at 5:35 p.m. 218 219 NOTE: At 6:10p.m. Town Council took a break at which time the General 220 Improvement District No. 1 meeting took place. 221 222 SNOWMASS VILLAGE 223 GENERAL IMPROVEMENT DISTRICT NO.1 224 MINUTES 225 MAY 18, 2009 226 227 Mayor Pro-Tem John Wilkinson called to order the Regular Meeting of the Snowmass 228 Village Town Council at 6:10 PM. on Monday, May 18, 2009. 229 230 DISCUSSION ITEMS 231 232 Item No. 1 ROLL CALL 233 234 COUNCIL MEMBERS PRESENT: Mayor Pro-Tem John Wilkinson, Reed 235 Lewis, Markey Butler, and Arnold Mordkin 236 237 COUNCIL MEMBERS ABSENT: Mayor Bill Boineau was absent 238 239 STAFF PRESENT: John Dresser, Town Attorney, Rhonda B. 240 Coxon, Town Clerk; Russ Forrest, Town 241 Manager; Hunt Walker, Public works 242 Director; Jason Haber, Economic Resource 243 Director, Donna J. Garcia- Spaulding, 244 Deputy Town Clerk; Brandi Lindt, Assistant 245 Finance Director; Susan Hamley, Marketing 246 Director; and other members of the public 247 interested in today's Agenda items. 248 05-18-09tc Minutes Page 7 of 15 249 PUBLIC PRESENT: Randy Woods, Joan Bemis, Jeanne 250 Woods, Edgell Pyles, Patrick Rawley, Greg 251 Woods, Mike Waters, Steve Sewell, David 252 Corbin, Molly Donnelly, Jami Downs, 253 Nelson Bell, Emily Garaffa, and other members 254 of the public interested in today's Agenda 255 items. 256 257 Item No. 2: DISCUSSION OF THE GID FUNDING OF THE SKITTLES LIFT 258 RELATING TO THE HOURS OF OPERATION 259 260 The Finance Director Marianne Rakowski stated that today's meeting is for the purpose 261 of discussing the summer operating hours for the Sky Cab, which is significantly funded 262 through the GID budget. Rakowski reported that the GID Board has authorized the 263 Aspen Skiing Company to operate the Sky Cab throughout the summer months based 264 upon the operating hours decided by the GID Board. She stated that the GID Advisory 265 Board met on April 29, 2009 with the stakeholders to discuss the budget and the Sky 266 Cab operating hours and came up with three options to consider. Option No. 1 contains 267 the highest number of operational hours of the three options for the Sky Cab however; 268 the GID Advisory Board is recommending Option No. 2. The winter hours in all three 269 options are the same. Rakowski stated that ridership during this previous winter season 270 between 9:00 p.m. and 10:00 p.m.; the GID Advisory Board is recommending closing 271 the Sky Cab at 9:00 p.m. for the next winter season. All three options show running the 272 Sky Cab from June 17th until September 7th (Labor Day), although the days of the week 273 it operates are different in all three scenarios. She reported that in all three options 274 there are two special events that the Sky Cab will operate for. All options include the 275 Chili Pepper & Brew Festival (3 days) and the Balloon/Wine Festival (1 day). In Option 276 No. 3 the Sky Cab does not operate on Thursdays but does run from 4:00 p.m. until 277 10:00 p.m. on concert days. 278 279 Staff provided the options detail that was missed in today's packet of information. 280 281 The Town Manager Russ Forrest stated that when the GID Advisory Board met they 282 had concern with adequate cash flow and staff did have to rerun the model based upon 283 the reality of the financial situation in consideration of what exists today, what has 284 already been built and what has not been built. One other consideration is an easement 285 to the top terminal that allows summer operation of the Sky Cab, which needs to be 286 secured from the Timbermill Building Owner and the Town is currently renting the 287 Bedford Ballroom from that property owner. 288 05-18-09tc Minutes Page 8 of 15 289 In response to an inquiry by Mayor Pro-Tem Wilkinson, Rakowski announced that the 290 GID Advisory Board consists of herself, Hunt Walker, Russ Forrest, Mak Keeling, 291 Shawn Gleason, and Scott Stenman. 292 293 In response to an inquiry by Council Member Butler, Susan Hamley the Marketing 294 Director stated that all businesses intend to be opened Wednesday through Sunday, 295 with one business considering being open the whole time. 296 297 Representative of the Aspen Skiing Company (ASC) Steve Sewell stated that last year 298 between the hours of 4 o'clock and 10 o'clock they had 19,443 riders during the evening 299 hours. Sewell stated that there is a need to have the Skittles running between the mall 300 and Base Village and they are prepared to run it whenever the Town requests that they 301 run it. 302 303 ASC Representative Dave Corbin stated that the ski easement that underlies the upper 304 terminal Sky Cab predates today's discussion by many years and he was not here 305 during the entitlement process for Base Village. Corbin stated that after lengthy 306 conversations with Dave Belleck he was able to determine that all the Applicant could 307 do is say at that time was "We can give you the easement we have. We can't grant or 308 convey anything more than we have." Corbin did say that the "Ski easement does not 309 apply to a summer use." If there are liability issues relating to operation during the 310 summer, this could be discussed with the Applicant and property owner and these 311 things can be resolved with insurance indemnifications. However, if the property owner 312 is asking for additional payment that remains to be discussed but there is not a current 313 demand. Lastly, he stated that they do intend to operate Sneaky's Tavern this summer. 314 The Town Council and staff discussed ridership numbers, began reviewing the budget 315 details including hours of operation, and the upper terminal easement. After further 316 discussion, the Council determined that it would be advisable for the Town Attorney to 317 investigate the agreements between the GID and ASC with reference to the Skittles Lift 318 and its property and report findings to Council during the next GID Meeting. Then the 319 Town Council postponed making a decision on when to run the Skittles winter 320 operations until a future Council Meeting. They also requested that staff keep the 321 numbers presented today as placeholders. 322 323 ASC Representative Sewell stated that they are proposing to run Wednesday through 324 Sunday with the Burlingame Lift ran. Forrest clarified that this is funded and ran by the 325 Town's Marketing & Special Events Department. 326 327 In response to an inquiry by Council Member Butler, Rakowski stated that the cost to 328 run the Skittles per day from 11:00 a.m. until 9:00 p.m., which is 10 hours is $1,492.00. 329 05-18-09tc Minutes Page 9 of 15 330 Council majority agreed that the minute you close the Skittles is when you also close 331 Base Village and the entire Mall. Butler stated "We do not want to continue to send the 332 message that the Town of Snowmass Village is closed and we would be wise to 333 continue to promote businesses at Base Village and the Mall." She also stated that 334 Sneaky's Tavern recently won an award for their architectural restaurant design and 335 Junk Liquid Sky was listed as one of the top ten hot spots to visit. Council stated their 336 desire to run the Skittles seven days a week. 337 338 Rakowski referred Council to the budget handout reflecting the $42,683.75 the Town 339 has left at the end of the year 2013 and emphasized that if the Skittles runs seven days 340 a week then the year end fund balance would be reduced by roughly $34,000, which 341 would mean that "We don't have our 10% reserve in the year end balance. This is 342 something that the GID Advisory Board was battling with, which is why we cut down the 343 number of hours of operation to four days per week. The other thing was that the 344 Burlingame Lift was going to run Thursday through Sunday, so we coordinated with 345 those days as well." Rakowski further stated that "The GID Advisory Board didn't want 346 the people coming into town for their first summer with the Skittles running seven days 349 a week and then coming back next year to find it running a lesser amount of time. The 348 GID Advisory Board recommends Option No. 2 for those reasons." 349 350 After further discussion, Council Member Markey Butler made a motion to run the 351 Skittles during the summer for seven days per week and determine hours of operation 352 after trying out certain time frames. The motion was seconded by Council Member 353 Reed Lewis. The vote passed with 3 in favor and 0 opposed. Council Member Mordkin 354 was opposed and Mayor Bill Boineau was absent. 355 356 Lastly, Mayor Pro-Tem Wilkinson requested that the Applicant develop and track 357 ridership numbers as well as time of day the Skittles is used. 358 359 Item No. 3: APPROVAL OF MEETING MINUTES FOR OCTOBER 20, 2008 360 361 There being no discussion, Mayor Pro-Tem Wilkinson made a motion to approve the 362 GID Minutes for October 20, 2008, seconded by Council Member Markey Butler. The 363 vote passed unanimously with 4 in favor and 0 opposed. Mayor Bill Boineau was 364 absent. 365 366 Item No. 4: ADJOURNMENT 367 368 There being no further discussion, Reed Lewis made a motion to adjourn the GID 369 meeting of May 18, 2009, seconded by Markey Butler. The vote was approved by 4 in 370 favor and 0 opposed. Mayor Bill Boineau was absent. The meeting ended at 6:50 P.M. 05-18-09tc Minutes Page 10 of 15 371 Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. 372 373 Voting Nay: None. 374 375 Respectfully Submitted By: 376 377 378 379 Donna J. Garcia-Spaulding, CMC 380 Deputy Town Clerk 381 382 383 NOTE: Council took a 5-minute break and reconvened at 6:55 p.m. 384 385 Item No. 5 CONTINUATION OF PUBLIC HEARING AND DISCUSSION 386 SNOWMASS BLUC CIRCLE A RE-ZONING TO 'MULTI-FAMILY' (MF), 387 AND A REVISED MINOR PRELIMINARY PLANNED UNIT 388 DEVELOPMENT AND AMENDMENT REGARDING THE PROPOSED 389 SNOWMASS CLUB CIRCLEDEVELOPMENT PROJECT. 390 391 Mayor Pro-Tern Wilkinson re-opened the Public Hearing at 6:49 P.M. 392 393 Town Planner Jim Wahlstrom reported that this is a scheduled continued public hearing 394 meeting from February 17, 2009 at which time the Applicant requested continuance and 395 is today proposing an amendment to the application from three residential units to a 396 duplex as well as requesting to continue the public hearing until July 20, 2009. 397 Wahlstrom suggested that Council might need additional information before considering 398 acceptance of the amendment prior to Planning Commission's review and requested 399 that Council only consider the Applicant's request for public hearing continuance to July 400 20, 2009 at this time. 401 402 Wahlstrom introduced Representative from Stan Clausen Associates, Inc., who is 403 present to answer any question Council might have. 404 405 Council Member Reed Lewis made a motion to approve continuance of the Public 406 Hearing until the July 20, 2009 Town Council Meeting, seconded by Markey Butler. 407 The vote was approved by 4 in favor and 0 opposed. Mayor Bill Boineau was 408 absent. 409 05-18-09tc Minutes Page 11 of 15 410 Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. 411 412 Voting Nay: None. 413 414 There being no comment from the public or Town Council, Mayor Pro-Tem Wilkinson 415 continued that Public Hearing until the July 20, 2009 Town Council meeting scheduled 416 to begin at 4:00 p.m. 417 418 Item No. 6 RODEO PLACE PHASE II UPDATE 419 420 Council Member Arnold Mordkin recused himself from discussions relating to Rodeo 421 Place Phase 11, since his family is in the mix for old Rodeo Place Housing. The Town 422 Attorney John Dresser stated that he does not have a problem with him Mordkin's 423 recusal ending for Phase I Rodeo Place Housing as long as he states it here for the 424 Record and follows it up with a formal letter to the Housing Authority stating his 425 withdrawal from the Phase I. 426 427 The Town Manager Russ Forrest recapped what has occurred with this project and 428 stated that to manage the market risk for this next phase of the Rodeo Place Housing 429 staff has broken the next phase into three discrete components and what we are looking 430 at tonight is the first of those components referenced as Phase 2A, which includes Lots 431 16, 17 18 & 19. Council has authorized $85,000 to complete construction drawings and 432 to move forward with the entitlement process for Lot 4 and Lot 1 with further review 433 before implementation by the Town; those lots are in Phase 2B and Phase 2C. 434 435 Forrest outlined the specific question for Council's consideration as listed on packet 436 page 57 and 58. He reported that staff has received an e-mail with eight 437 prequalification letters for the first four homes so we believe that there is interest to 438 compete for these homes and based upon that staff is requesting authorization for a 439 budget approval for Phase 2A, and well as authorization to sign a contract with RUDD 440 Construction for $2.2Million, and to execute contracts with ROI and Coburn Design for a 441 grand total of$340,000 of which $85,000 has already been authorized. Furthermore, 442 Council believes that there is adequate interest in moving forward staff would be 443 requesting authorization for moving forward with the next phase of design in the amount 444 of $77,000 to pay for the soft costs in Phase 2B, which includes 22, 445 23, 24 and Lot 4, which is the smaller single-family lot that does require Council 446 approval. 447 448 Forrest stated that Council has a schedule in front of them depicting the first week in 449 June when a lot happens. He stated that next steps would involve RUDD Construction 450 getting competitive bids from sub-contractors and will bring that information to Council 05-18-09tc Minutes Page 12 of 15 451 the first week of June to verify that the costs are in the range set by Council, we would 452 be setting the subsidy to match the sales price for Phase I. Based upon Council 453 direction, the Town would match the subsidy to Phase I; so "Assuming we got prices 454 that are at or lower than the prices quoted to Council and that we have at least four of 455 these individuals show up for a lottery drawing we have scheduled for June 4t' we 456 would then enter into a contract with RUDD Construction to build the four homes." 457 458 Council and staff discussed how the lottery is conducted, possibly waiving the 459 application fee, market risks, political risk relating to cost ranges and time frame, as well 460 as how to minimize applicant expectations. 461 462 Representative from ROI Bob Kaufman provided Council with a Power Point 463 presentation and commented on the Abbreviated Development Schedule and cost 464 estimates included in today's packet of information. 465 466 The Town Attorney John Dresser explained 'When a Lottery Winner wins a lottery it is at 467 that point they believe it is their home." Dresser further stated that "Council is better 468 served if a lottery financing period is held until the Certificate of Occupancy is obtained, 469 which is somewhere between 30 and 60 days. This makes it more difficult to get out of 470 a lease and arrange ones life for a move." One of the reasons Council desired the 471 Lottery was to gauge demand and Council now has eight applicants in front of them; is 472 this enough to move the lottery closer to the occupancy date? Dresser further 473 commented in support of RUDD Construction over the past contractor. 474 475 Council Member Mordkin requested that the subsidies not be increased. He stated that 476 he feels Council has gauged interest and suggested that Council ought to assume 477 greater risk on the front. 478 479 NOTE: Mayor Pro-Tem Wilkinson took public comment at this time. 480 481 Emily Garaffa 482 In her opinion, there is a lot of confusion on the community's behalf whether or not there 483 were enough people who showed interest. She stated that there is not a lot of 484 confidence on the potential buyer's side to sell their existing home, come up with 485 enough money and pre-qualifying. Garaffa inquired of Council how to resolve the issue 486 of people who are currently in employee housing and have difficulty selling their existing 487 property? 488 489 The Town Manager Russ Forrest commented that this is a good point in terms of how 490 much lead time to give potential buyers, who needs to sell and close on their current 491 home in order to buy the next home? 05-18-09tc Minutes Page 13 of 15 492 Council Member Arnold Mordkin made a motion to approve soft costs in the budget for 493 Phase 2A, sign the contract with Rudd Construction, continue advertising, and hold the 494 lottery when the homes are delivered onto the site. The motion was seconded by Reed 495 Lewis and passed with 4 in favor and 0 opposed. Mayor Bill Boineau was absent. 496 497 Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. 498 499 Voting Nay: None. 500 501 Council Member Reed Lewis made a motion to approve soft costs in the budget for 502 Phase 2B, Council Member Markey Butler seconded. The vote was approved by 4 in 503 favor and 0 opposed. Mayor Bill Boineau was absent. 504 505 Item No. 7 MANAGER'S REPORT 506 507 EOTC Summit Meeting 508 The Town Manager inquired of Council if the EOTC Summit proposed for Thursday, 509 August 20th is a good date? Council majority stated that they are not available in 510 August and directed staff to look for a date during the month of September. 511 512 Rodeo Progress 513 Forrest reported that work on the Rodeo grounds has commenced. He stated that the 514 Rodeo tent would be moved to a better location on the north side of the berm. He 515 stated that this will both minimize the visual impact of the tent from Brush Creek Road 516 and reduce the cost of locating the tent. This put the food and drinks right beside the 517 venue. 518 519 Comp Plan Meeting 520 Forrest and Council discussed a date that would be a good for further discussions 521 regarding the Comp. Plan and determined that June 12 would be a good date to discuss 522 the Environmental Resources chapter. 523 524 Council requested that Extending the Moratorium be scheduled on the June 1"Agenda 525 as well. 526 527 Removal of Base Village Crane 528 Forrest reported that the crane at Base Village will be dismantled and removed. 529 530 Item No. 8 AGENDA FOR NEXT TOWN COUNCIL MEETING 531 05-18-09tc Minutes Page 14 of 15 532 Council and staff discussed the length of time allotted for the June 1" Agenda, moved 533 items around and determined that it would be a good idea to start the meeting at 3:00 534 p.m. Forrest reported that the RETT budget will be discussed on June 15f and staff will 535 be recommending an 80% budget cut. 536 537 Arnold Mordkin reported that he is recused from discussions regarding the Snowmass 538 Chapel. 539 540 Item No. 9 APPROVAL OF MEETING MINUTES FOR JULY 9. 12007, FEBRUARY 17, 541 2009 AND MARCH 16, 2009 542 543 Mayor Pro-Tem Wilkinson reported that he met with the Deputy Town Clerk Donna 544 Spaulding prior to today's meeting and gave her amendments to the Meeting Minutes of 545 February 17, 2009 and March 16, 2009. 546 547 There being no discussion or amendments, Reed Lewis made a motion to approve the 548 Minutes for July 9, 2007, seconded by Arnold Mordkin. The vote was approved by 3 in 549 favor and 0 opposed. Council Member Markey Butler was not on Town Council at this 550 time and Mayor Bill Boineau was absent. 551 552 Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. 553 554 Voting Nay: None. 555 556 There being no discussion, Reed Lewis made a motion to approve as amended the 557 Minutes for February 17, 2009, seconded by Markey Butler. The vote was approved by 558 4 in favor and 0 opposed. Mayor Boineau was absent. 559 560 Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. 561 562 Voting Nay: None. 563 564 There being no discussion, Reed Lewis made a motion to approve as amended the 565 Minutes for March 16, 2009, seconded by Markey Butler. The vote was approved by 4 566 in favor and 0 opposed. Mayor Boineau was absent. 567 568 Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. 569 570 Voting Nay: None. 571 572 Item No. 10 COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS 573 05-18-09tc Minutes Page 15 of 15 574 Related WestPac Agreements 575 It was the Council consensus that staff investigates all the possible remedies and all the 576 possible defaults that Related WestPac may or may not have defaulted on, such as the 577 vesting agreement, development agreement, subdivision improvements, bonds, funding 578 agreements and present findings to Council during the June 15t meeting. 579 580 Stripping of Lanes 581 Wilkinson thanked Town staff for stripping the lanes. 582 583 Skate Park 584 Wilkinson reported that he has received comments regarding the Town Skate Park 585 enforcement, which should be for skate boards only. Forrest stated that staff would 586 make immediate enforcement and make sure that proper signage is posted. 587 588 Item No. 11 ADJOURNMENT 589 590 There being no further discussion, Markey Butler made a motion to adjourn the Regular 591 Town Council meeting of May 18, 2009, seconded by Reed Lewis. The vote was 592 approved by 4 in favor and 0 opposed. Mayor Bill Boineau was absent. The meeting 593 ended at 7:55 P.M. 594 595 Voting Aye: John Wilkinson, Reed Lewis, Arnold Mordkin, and Markey Butler. 596 597 Voting Nay: None. 598 599 Respectfully Submitted By: 600 601 602 603 Donna J. Garcia-Spaulding, CMC 604 Deputy 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. 0 1 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 Town Council Special Meeting 4:00 p.m. Em. rESun Mon Tue Wed Th=Sat 1 2 3 4 5 6 7 8 Town Council EOTC - Meeting SMV 4:00 p.m.CONF. 0 CENTER 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 1 CL r CD 0 z z W 00 vO mX) 0 0 i v,r ry m II r STAN CLAUSON ASSOCIATESINe OO 3 Lnm[ .,.mn.,n,.. l..ninava. v a.....n an o 300 Snowmass Club Circle ewlw.a Open.Celondo 8c61c P a 9 li Sala) 1.91a/9ao•16a8 InloO ca lannln .com m a lannfn .cam SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES,ING 2008 COGGINS-STEWART ARCHITECTS Snowmass Club Circle I is N 4 N z a m J I l I 1 a kupuiiuq Auadojd 9® 0 m n A pAp n v ;u i o F 'S n y Ni, qm 9 C 6 2 S a Fs 24 t STAN CLAUSON ASSOCIATESiNc r. . runeun.1...n n.JLe 300 Snowmass Club Circle L°^hMu.. 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L po 1R Pl L9)ol9 m.6! nloNal tannin .com .x.fu bnnln .tpn I SNOWMASS, COLORADO 81654 0 STAN CLAUSONASSOCIATES,INC 2009 COOOIN"TEWART ARCHITECTS 26'-9" 36'-5" I I 29'-7" 9'-3" I I I I I I I I I I I a I I I m I Go m to Wi a r IM i m I C-m O Z m I I Co IL 27'-10" rW 29,-7° A 4 28'-9" 36'-5" r 36'-5" w OT r j ml O 1 01 m I D .4 z NOI1V 111MV3 V/ 5 8 ^ a O 08 m I sV 8 ss V V pE a O TC q 8 $ v T Im VVVVVV o D I<N I n ti n y ': "lbyw r nl WEST ELEVATION e •z t GJ y W Ir D X m r-STAN CLAUSON ASSOCIATESING th WN 300 Snowmass Club Circle w0IS-2123 LO qG-1620 ad.BHD9lolpi5•3 3 1.9)o/9dda.lB MbMa I.wln .com www.u. mnln .o z y I I I SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES,INC 2009 O1 2 COGGINS-STEWART ARCHITECTS 28'-9" I 36'-5" 27'-10" I 28'-0" I I I I D C W I J — C X z m n z I O j V) 00 CT b 2 1 ' 1 Z M M > m I— mac 2 m Dj C z IO z o Co I 28'-9° I I I 4 w 29'-7" r r N04Y&M3.1sv3 V, p r I m 1 a g n g m $ 7 g $ $ 88 Z m m E4 S 4% 8 8 cz I 8888888 @ _ zp DWESTELEVATION O OsasassamZO in cn 0 _C D x m STAN CLAUSON ASSOCIATESINC Inn n n• • 1,11 • nl nnn,n[...... n/IIn 300 Snowmass Club Circle WITS"" ti"n.[nbin9a6, y 979b.Sbnn.!<nm ro7www7tla lennln mm I 1 Ii SNOWMASS,COLORADO 81654 STAN CLAUSON ASSOCIATES,INC 2008 N COGGINS-STEWART ARCHITECTS c ymm of J C mm j r , NT +A 6 3 WJ, a I m z r x 99 A r-STAN CLAUSON ASSUCIATESiNG n 1.y IprN MNI SIrn1 open.(WOr.eo a.a.r300SnowmassClubCirclep,pb,.t3 3 .9•to•tb a m I I I InbOs< I nln mm www.t s i nn m 4 SNOWMASS,COLORADO 81654g STAN CLAUSON ASSOCIATES,INC 2009 mti COGGINS-STEWART ARCHITECTS 300 Snowmass Club Circle Minor Preliminary PUD Amendement Project Comparison Chart 26- Jun- 09 27 October 2008 Submittal 26 June 2009 Supplmental Total SF 12, 168 SF 7, 987 Maximum Height 38 feet 36 - 4 3/ 8" Number of Units 3 2 Avg. SF saleable / per unit 4, 056 3, 768 Unit Equivalent 18 11 Density 7. 5 DU/ AC 5 DU/ AC F. A. R. 69: 1 46: 1 Open Space 68% 75% Setbacks F: 30', R: 10', S( w): 10', S( e): 22' F: 44'- 2", R: 13'- 6", S( w): 11'- 4", S( e): 20'- 2" - 32'- 6" Parking Required 13 8 Parking Provided 10 ( access to 27) 8 Proposed Variations Parking, Wetland Setback, Buildout Buildout Excerpts from previously revised Snowmass Club Circle Preliminary Plan Dated October 27, 2008 For Town Council meeting July 20, 2009 I c I mss I J i is N aa mi0au siwsec ss wr¢ sm. r ROOF/ SITE PLAN f r' 1 SHEET Al ON USES soo nN: RroRnwr. Z( r I Ou. kuy fwpan P. puNSbmWGtl. a Oml.. pu. SSP. i'• Y.a', y'j Pnckx Mamoru, M. po ncx meemm o T.• I7 SYA^ 8. wlpmk r I Yteg 1 1 rwv, n oarc. n, ll 9 1 Rork S,I.. Rd. dkcm au. mr. I 1i; RudylMrinlYn 9wlp. Canauopulaum i E wan+ vxsxm. ro.. auma. uc- P urtoxmccacck h e SC t e i' fLcxnPEDC 9 I_ y LSC CLdJS,! MSS rCIFiES uu LANDSCAPE PLAN PINNACLE Q DEfpONIOMEER SHEET LAi CONSNI. 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L O 00 m ® 4 I I tl , C ° ILG CC 11 rm , ala3 f im uonl iB WWW, IiWli• n11 iiWl wu iti -{, 1• 7yi$, ay, L NORTH ELEVATIONW 17 va lk SOUTH- WEST ELEVATION' B' TnWNHOUS - 0006 if r f lAi SOUTH- EAST ELEVATION' C' MM EAST E III' a w, R m,F iF lr J ELEVATIONS 2009 SUMMER SKYCAB RIDERSHIP COUNT 11 5 pm DAILY am to to 9 TOTA DATE DAY 15 Pm pm L NOTES Skittles Daily Usage 06/ 05/ 09 Fri 310 Chili Fest 06106/ 09 Sat 820 1 Chili Fest Rea to s 06111/ 09 Thu 148 WeekendRealtors 1200 06/ 12/ 09 Fri 130 Weekend SUMMER SCHEDULE 06/ 17/ 09 Wed 190 06/ 18/ 09 Thu 242 06/ 19/ 09 Fri 322 1 000 06/ 20/ 09 Sat 289 06/ 21/ 09 Sun 85 06/ 22/ 09 Mon 166 06/ 23/ 09 Tue 1 1171 p 06/ 24/ 09 Wed 184 800 06/ 25/ 09 Thu 198 06/ 26/ 09 Fri 260 06/ 27/ 09 Sat 309 06/ 28/ 09 Sun 271 600 06/ 29/ 09 ' Mon 281 06/ 30/ 09 Tue 172 07/ 01/ 09 Wed 199 07/ 02/ 09 Thu 219 07/ 03/ 09 Fri 316 x} 00 07/ 04/ 09 Sat 263 07/ 05/ 09 Sun 162 07/ 06/ 09 ' Mon 187 07/ 07/ 09 Tue 1 329 59 388 07/ 08/ 09 Wed 409 61 470 200 open til 10 07/ 09/ 09 Thu 365 692 1057 concert 07/ 10/ 09 Fri 240 194 434 closed 3- 5 07/ 11/ 09 Sat 312 81 393 lightning 07/ 12/ 09 Sun 155 114 269 0 closed 11 - 11: 50 07/ 13/ 09 Mon 131 70 201 lightning LL ( U LL L ( = O = C L LL ( C O Q) L LL ( O N LL ( O M 0 07/ 14/ 09 Tue 215 71 285 cn ( n F. ( 1) U) A U) J) 07/ 15/ 09 Wed 226 72 298 L C G > Status of Businesses on Monday and Tuesday 4 Ml Kids Open 9- 5 Sweet Life- Open 11- 5 Generation Snowmass Open 10- 7 Liquid Sky/ Junk - Closed Sneaky' s Closed The North Face Closed Snowmass Style dosed 4 Mt Sports Closed Aspen Sports Closed Performance Ski dosed