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08-03-09 Town Council PacketC691AAQ 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: CONTINUATION OF PUBLIC HEARING AND SECOND READING — ORDINANCE NO, 9, SERIES OF 2009 —SNOWMASS CHAPEL - Time: 60 minutes) THERE-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 (Continued from the July 20, 2009 Meeting) Jim Wahlstrom ......................Page 1 TAB A) Together with" Item No. 5: RESOLUTION NO. 14, SERIES OF 2009 — SNOWMASS CHAPEL Time: 10 minutes) SUBDIVISION EXEMPTIONS INVOLVING LAND EXCHANGES AND A LOT LINE ADJUSTMENT BETWEEN LOT 1 OF THE SNOWMASS INTERFAITH'CHAPEL SUBDIVISION AND PARCEL 10 OF THE SNOWMASS CLUB P.U.D. SUBDIVISION Jim Wahlstrom ......................Page 176 TAB B) Together with" Item No.6: RESOLUTION NO. 15, SERIES OF 2009 — SNOWMASS CHAPEL Time: 10 minutes) A FINAL RE-PLAT LOTS 1 AND 2 OF THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION, INCORPORATING THE 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 08-03-09tc Page 2 of 2 THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION RE-PLAT A." ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Second Reading of Ordinance No. 9, Series of 2009, together with Resolution No. 14, Series of 2009 and Resolution No. 15, Series of 2009 Jim Wahlstrom ......................Page 184 TAB C) Item No. 7: REPORT ON CAPITAL PROJECTS FROM THE FAB Time: 45 Minutes) ACTION REQUESTED OF COUNCIL: See FAB memorandum Marianne Rakowski & Rick Griffin....... Page 195 (TAB D) Item No. 8: 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 210 TAB E) Item No. 9: COMPREHENSIVE PLAN Time: 5 minutes) ACTION REQUESTED OF COUNCIL: No Packet Information Discussion timing for Special Meeting to review edits to date Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Item No. 10: MANAGER'S REPORT Time: 10 minutes) Russell Forrest ..........................Page 214 (TAB F) Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 217 (TAB G) Item No. 12: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 219 (TAB H) Item No. 13: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 3 hours excluding items 1-3 and 11-13) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: August 3, 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 Mar) and Section 16A-5-360, Final Plan, of the Town of Snowmass Village Land Use and Development Code. The property on Lots 1 and 2A encompasses 3.99 acres, not including the impacted area onto Parcel 10 (golf course) of the Snowmass Club Subdivision. Applicant: Snowmass Chapel, Inc., formerly known as Snowmass Chapel and Community Center, Inc. Applicant representative: Doug Dotson Planner: Jim Wahlstrom I. PURPOSE AND ACTIONS REQUESTED. Purpose: The purpose of the meeting would be to: 1. Open the continued public hearing and consider public comments on Ordinance No. 9, Series of 2009 (Ordinance 9) and associated guides, plans and agreements; 2. Review any remaining core issues, outstanding concerns or follow up matters; 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 and the further directives provided at the July 20, 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. Needs assessment. Concerning the inquiries from Town Council meeting on July 201h regarding further information on the justification or need for the expanding facilities, please reference highlighted excerpts from Resolution No. 9, Series of 2006, which accepted the Preliminary Plan together with a list of other usages of the Chapel facilities occurring during a particular year that was obtained from the Preliminary Plan's Parking Management Plan exhibits (see Attachment 1). Also reference the applicant's response letter dated July 21, 2009 (see Attachment 2). I Page 2. Agreements. Since the last explanation of changes in the agreements noted in the July 201h staff report per previous meeting discussions, the applicant has recently submitted the following changes mainly in response to the Town Council directives at the July 201h meeting: Final PUD Guide - (Exhibit "B" of Ordinance 9): a) In the carillon bell/noise section on page 13 of the Final PUD Guide, the applicant further described the operations of the carillon bells and its relationship or not with the 15-minute limitation. b) The Landscape Plan and plan legend notes, which is Exhibit 5 of the Final PUD Guide, was updated again to show the replacement of one, eight-foot tall and two, 16-foot tall Colorado Spruce trees on Parcel 10 within the larger tree cluster area. The replacement of the four, eight-foot tall trees on the east side of the addition is no longer proposed. The overall coniferous tree counts remain the same. (also see separate 11" x 1T' handout). c) Also on the Landscape Plan, staff requested that the applicant clarify the minimum sizes for the labeled 'A,' 'B' and 'C' Aspen trees on the plan. Subdivision Improvements Agreement IS.I.A.1 - (Exhibit "C" of Ordinance 9): The edits to the S.I.A. and the exhibit for the Construction Management Plan remain unchanged as presented at the July 201h meeting. Community Benefits Development Agreement - (Exhibit "D" of Ordinance 9): a) This agreement was modified pursuant the applicant's letter dated July 21, 2009 Attachment 2) to modify the language proposing less restrictive standards for the usage of the community purpose spaces. b) The applicant also modified this agreement to commit to the installation of a Fisk organ or similar quality performance instrument (also see Attachment 2). Deed Restriction and agreement for existing unit - (Exhibit "E" of Ordinance 9): The most current form of this agreement has not changed since the July 20`h meeting. 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, the same as that presented at the July 20th meeting. III. REFERENCE MATERIALS. Attachments (in order): Attachment 1 - Highlighted excerpts from Town Council Resolution No. 9, Series of 2006, the Preliminary Plan acceptance; D Attachment 2 —Applicant's response letter dated July 21, 2009 to comments raised at the July 201h meeting; Edited version of Ordinance 9, incorporating Town Council edits from the first reading on July 6'h and a few staff revisions since that meeting; and Final version of Ordinance 9, incorporating the edits, in addition to its exhibits. 2 1Page Separate handout: 11" x 17" updated Landscape Plan showing replacement of eight and 12-foot tall trees with three, 25-foot tall Colorado Spruce trees on Parcel 10 within the larger tree cluster area. 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 earlier provided for the July 201" meeting. IV. NEXT STEPS. None for Council. Staff would subsequently follow up on execution and recording of all documents. 3 1Page ATTACHMENT 1 TC Meeting 08-03-09 HIGHLIGHTED EXCERPTS FROM TOWN COUNCIL RESOLUTION NO. 9, SERIES OF 2006 PRELIMINARY PLAN ACCEPTANCE REGARDING NEEDS ASSESSMENT JUSTIFICATION TC Reso. 06-9 Page 5 of 17 9. Height variation criteria. Pursuant to Municipal Code Section 16A-5-300(c)(5) and 7), "Dimensional limitations," and "Standards for granting variations" under the General Restrictions, the application requires a height variation and meets the following height criteria: a. The modified building addition meets the rule that at least 50% of the structure for which the variation is sought, as measured utilizing the structure's footprint measured from existing grade, conforms to the height limits of the underlying zone district, which was previously approved through a PUD-via Ordinance No. 8, Series of 1997, at 40 feet; b. The modified building addition does not exceed the height limit of the underlying zone district by more than 75%; c. The average height of the buildings in the campus, as a result of the modified addition, would remain less than the 25-foot maximum average established in the previous PUD approval; and d. Due to the fact that the height variation does not exceed the standards in Section 16A-5-300(c)(7)(a), the height variation may be approved by a simple-majority vote of the Town Council. 10. Steeple proportionality. It was previously established under Ordinance No. 8, Series of 1997, that the steeple must be "designed in proportion to the building and shall be subject to approval of the Town Council." Town Council finds the drawings in Attachment "A" showing the reduction of the steeple from an elevation of 8237.27 to 8232.69 feet, including any appurtenance, to be proportional with the modified building addition. 11. Exceptional and special circumstances for height variation, Pursuant to Municipal Code Section 16A-5-300(c)(5-7) "Dimensional limitations,' "Community Purposes for PUDs," and "Standards for granting variations, under the General Restrictions, exceptional and s ecial circumstances have been substantially-demonstrated, and e pp ican as su icien y addressed compliance with this ode criteria on tt grounds I a : a. The ptional and unique circumstances have been acceptably addressed because: II. The community ur ses have been clearly and satisfactorily described as to wh a height variation is necessa w in addition in achieve t e commune purposes being proposed, as the existing and propo seaTaci letswed Se operationally restricted or controlled as further described in Exhibit '6,' 'Community Purpose Commitments;' and Exhibit '8,' Parking Management Plan' of Attachment "A," due to potential increases in traffic and parking constraints. ii. It has been sufficient) described and/or re resented b the A licant that 1. the ace i ies an sery ices- wit in t e existin and modified buildin f addition woul be made available to the community on a long-term basis; 2. a proposal would provide for cultural, physical and social benefits for TC Reso. 06-9 Page 6 of 17 resid r r t long term; a 3. t e proposal would help sustain community vitality. now and in the future. b. Views from surrounding properties of the modified building addition as described in Attachment"A" are not substantially, adversely affected; c. The surrounding properties that were considered (Season's Four, Snowmass Villas, and Fairway III) are not immediately adjacent to the PUD, but are affected by the proposed development; d. Seasons Four and the Snowmass Villas were specifically identified by the Town Council as view planes to be considered; e. The modified building addition described and shown in Attachment "A," will be compatible in terms of height, mass, and scale with other structures in the PUD and with adjacent structures due to the previous reasons stated in Findings #6b and #6c above, and the building addition is not significantly taller than the other buildings in the PUD's campus or from the 40-foot height limit; and f. The modified application, together with the revised Preliminary PUD Guide and its' Exhibit '6, 'Community. Purpos— Commitments' in Attachment "A," takes recedence over lemental information and are sufficient i ddr sin ommunity urposes o encouragement o sus aina a development" and the "encoura ement of better esi n' ass a m ans to meet one or more of the applicable Community Purposes it subsection (6) of the aforementioned Code Section, and the requested height variation is necessary for those proposed Community Purpose items to be achieved. C. Other Variations: 1. Maximum Buildout variation. Pursuant to Municipal Code Sections 16A-5-300(c)(4) under the General Restrictions, the designated buildout for the site per the Comprehensive Plan's Buildout Chart is 20,000 square feet of floor area in contrast to the existing floor area of approximately 11,338 square feet. The Applicant requests a buildout variation of up to 29,700 square feet as a whole for Lot 1 together with the proposed building addition, including the covered walkway areas as further broken down and.illustrated in Exhibit '3' Attachment "A" that includes the floor area calculation sheets. The floor area for such buildout variation was measured pursuant to Municipal Code Section 16A-3-210(b). much variation exceeds the desi nated buildout be and 100 percent, and the A licant has sufficient) emonstrate unique an exce Iona, ances in ica in a e resu mg evelopment wi , for goo causes own, exceed the D review criteria stan ar s. 2. Proposed Community Purpose. The Community Purposesprroposed are adding or designating space for community gatherings, conferences or m2MLnSs. 3. Appropriateness of proposed Community Purpose. The ApDlicant has represented that the 4,000 uare feet of community facilities or meetin s aces ro ose asCommuniu-NNou a opera ionna lyre6RR Ud ue o e imi a par ung avai a i r y an that there wou a no expansion o e e rams or TC Reso. 06-9 Page 7 of 17 I I activities other than the a '' r or those functions. The specific Imannerinwhciswouldbeachievedhasbeenclearlydefinedasfurther described in Exhibit '6' of Attachment"A." 4. Impacts of buildout variation. The proposed buildout variation causes the need for a substantial height variation request. 5. Applicability of review standards. Althou h the uni u an exceD t o al circumstances for the buildout variation may e e acilities services and the oroora n"gred in a on x o i s m within the Town o nowmass ill a the ro osal is re uire d a roval criteria in t e er other develo ment a lications an as a resu , e proposal shall be subject to conditions out in Section ree of this Resolution. 6. Wetland/riparian setback variation. The Applicant requests a variation from the Town's 25-foot wetland/riparian setback established by Municipal Code Section 16A- 4-30(e)(1) under the Brush Creek Impact Area section. The Applicant's proposed changes in this area, such as underground utilities, roads, trails, bridges and similar facilities, are excepted items pursuant to Municipal Code Section 16A-4-30(e)(1)b, Exception for other necessary structures," and the Applicant has sufficiently demonstrated that: a. It is necessary and appropriate to locate the proposed changes/structures within the setback area to accommodate pedestrian circulation and emergency access; b. Other applicable federal, state and local permits appear not to be needed as the Applicant has represented that the current proposed development on Lot 1 will not directly impact the Brush Creek wetland and riparian area, other than the proposed community purposes for a culvert box replacement and the enhancement of the unimproved portion of the creek; c. The Applicant has agreed that the installation will comply with all other applicable standards of Municipal Code Section 16A-4-30, including submission of a plan for the restoration of the disturbed area, pursuant to Sub-section (e)(2)b, Restoration Plan,"and d. The retaining wall, extended plaza area and walkway areas south of the proposed building are acceptable substitutions in lieu of restoration with vegetation since the area is already disturbed. D. Other "General Restrictions" Criteria per Municipal Code Section 16A6-300(c): 1. "Minimum Land Area" and "Location." Pursuant to Municipal Code Sections 16A-5- 300(c)(1 and 2) under the General Restrictions, such criteria have been satisfactorily met. 2. Existing "PUD" zone district. Pursuant to Municipal Code Section 16A-3-40(5)b, the existing 'PUD' zone district may no longer be utilized as a basis for rezoning. 3. Land uses and proposed "MU-1" zoning. Pursuant to Municipal Code Sections 16A- 5-300(c)(3) under the General Restrictions, the Applicant initially proposed a "Mixed- Use-2" zone district that is less restrictive than a "Mixed-Use-1" zone district, which would better meet the following criteria in accordance with Section 16A-5-220(e), TC Reso.06-9 Page 8 of 17 Review Standards" of the Amendments to Official Zone District Mal), as follows: a. Consistency with the Comprehensive Plan; b. Consistency with the purpose of the zone district; c. Consistency with surrounding zone districts and uses; and d. Necessary circumstances such as changed conditions or a community need as part of the consistency with the intent of the Comprehensive Plan. I4. Chapel use. T e Cha an ed use ursua s PUD or PUD Guide a ro vals in Ordinance No. 8, Series of 1997, and a Special Review application or • sucfi ause is not required in accordance with Table 3-1, "Schedule of Uses," in Municipal Code Section 16A-3-50. 5. Future maintenance shed. The Applicant confirmed that the proposed future maintenance shed would be located on the east side of the proposed building addition and is intended to house maintenance equipment such as mowers, trimmers, snow removal machinery and tools, and subject to a Special Review application in the Preliminary PUD Guide (Attachment"A"). E. Remaining "Review Standards," Municipal Code Section 16A-5-310: 1. Consistency with Comprehensive Plan., Pursuant to Municipal Code Section 16A-5- 310(1), under the Review Standards, the proposed PUD Amendment and modifications thereto do not conflict with the goals, objectives and policies of the Comprehensive Plan. C2. Preservation of community character. Concerning Municipal Code Section 16A-5- 310(2) under the Review Standards, the proposed PUD Amendment and modifications thereto satisfactorily meet the criteria of the Section 16A-4-340, Building Design Guidelines to Preserve Community Character" as more specifically explained in the previous findings. 3. Creative Approach. Concerning Municipal Code Section 16A-5-310(3) under the Review Standards, the application and modifications thereto satisfactoril demonstrate that the DrODo-s-et development witti the Amendment re resen s a crea ive ac tote develo gent and use o an an related facilities to ro tter deve o men s an o row a amenities Tor the users of e PU and e public in general. 4. Landscaping. Pursuant to Municipal Code Section 16A-5-310(4) under the Review Standards, the proposed landscaping as illustrated in Attachment "A," for a Preliminary Plan level of review, would sufficiently buffer uses from one another, both within the PUD and between the PUD and surrounding lands, to minimize adverse impacts, subject to complying with the conditions in Section Three of this Resolution at the time of Final PUD application. 5. Suitability for development. Concerning Municipal Code Section 16A-5-310(6) in the Review Standards, the property proposed for the PUD Amendment is suitable for development, considering its topography, environmental features and any man- made hazards that affect its development potential. TC Reso.06-9 Page 12 of 17 agreed to deed restrict the existing 620 square foot dwelling unit in the facility and manage the unit in accordance with the current Town of Snowmass Village Restricted Housing Guidelines, which is acceptable. Additional square footage beyond the 434 square foot requirement is acceptable as a Community Purpose item for the variations as described in Exhibit '6' of Attachment "A," Preliminary PUD Guide. The Applicant stated during the review of the Preliminary Plan application that such dwelling unit was not previously provided as mitigation for the existing Chapel facilities. No employee housing mitigation was required with the previous approval. G. Other Findings: 1. Construction management. The revised Construction Management Plan submitted September 12, 2005 and modified August 14, 2006 as indicated in Attachment "A" acceptably fulfills the requirements for the description of development phasing, construction schedules, and measures for mitigating impacts pursuant to Municipal Code Section 16A-5-340(c)t. 2. Foundation work. The Applicant represented that drilled piers versus pile driving for the foundation will be used for purposes of lessening the noise impacts during construction, which is acceptable. 3. Sound insulation. The Applicant represented that the proposed building addition shall be acoustically sealed, which would be acceptable in mitigating noise from the interior of the space. Section Two: Action. 1. Preliminary Plan application and modifications thereto. The Town Council, having considered all relevant materials and testimony, the Planning Commission's recommendations, Town Staff comments, analyses and recommendations, and public comments, hereby a the Preliminary Plan application and the modifications thereto forte proposed Snowmass Chapel Expansion Project as u er escn a an illustrated in Attachment "A" incorporated herein by reference and authorizes the Applicant to submit a Final PUD application for the project consistent with the amended application that demonstrates compliance with or implementation of the conditions set forth in Section Three below. 2. Draft Preliminary PUD Guide. The Town Council accents the general concept of the land use and develo ment ammeters, communi u se commitments par ing management plan an o er ans or rawmgs associate with such Preliminary P Attachment "A" of is resolution), including the attached Guide exhibits. Specific language, understandings and/or agreements shall be finalized with the Final PUD application. 3. Rezoning to Mixed-Use-1 ("MU-1"). The Town Council accepts the rezoning of Lot 1 and Lot 2A of the Snowmass Chapel Interfaith Subdivision and on that portion of Parcel 10 of the Snowmass Club Subdivision involving the land exchange area of approximately 8,400 square feet to "MU-1," as now proposed in the amended TC Reso. 06.9 Page 13 of 17 application by the Applicant, and authorizes the Applicant to formally request such rezoning together with a Final PUD application for possible ratification with a Final PUD ordinance, subject to the applicant completing a land exchange agreement and subdivision exemption plat with the adjacent owner. 4. Building addition height variation. The Town Council approves a variation from the maximum permitted building height limitation of 40 feet per the approved PUD for the building addition as such heights are more particularly described and listed in Attachment "A," Preliminary PUD Guide, attached hereto in the affected height tables and the building elevation drawings. The height variation for the building addition is as follows: a. South building addition elevation: to an elevation of 8209.27 feet above mean sea level or a maximum height of 46.0 feet from finished grade and 45.1 feet from existing grade. b. North building addition elevation: to an elevation of 8209.27 feet above mean sea level or a maximum height of 58.0 feet from finished grade and 55.6 feet from existing grade. 5. Steeple height proportion. The Town Council approves the steeple height proportionality at 8232.69 feet above mean sea level elevation or a maximum 68.4 feet from finished grade and 68.9 feet from existing grade, including any appurtenance, as further illustrated in Attachment "A," Preliminary PUD Guide, as amended. 6. Buildout floor area variation. The Town Council acce is the variation from the Buildout Chart's ldbuiout designation for the Snowmas expansion and exis in cam e i s uare feet of floor area on o e nowmass Chapel Interfaith Subdivision and on that portion of Parr.R-1 1n of Tffs Snowmass Club Subdivision involving the 21gadage area of approximately square feet of an area. Such 29,700 square eet o uildout floor area includes up to 800 square feet for a future maintenance facility, 1,212 square feet of covered walkway on the existing facility and 2,590 square feet of covered walkways on the proposed building addition. r 7. Buildout Chart amendment. The Town Council directs re are I an ordinance amending the Bul ou a of the Comprehensive Plan accordingly Tor-DDS-Sible ratification rnnrirrpnt or tnaether with a Final PUD ordinance. 8. Development encroachment Into 25-foot wetland setback area. The Town Council finds acceptable the development intrusion into the 25-foot wetland setback area between the narthex entrance for the building addition and Brush Creek as described in the amended application and directs the Town Staff to prepare an ordinance for possible ratification concurrent or together with a Final PUD ordinance. 9. Subdivision Exemption. The Town Council approves the subdivision exemption for the proposed land exchange involving approximately 8,400 square feet of land area, as further described in Attachment "B" incorporated herein by reference, subject to the Applicant providing the Town a formal land exchange agreement with the adjacent property owner prior to Town Staff review and final execution and recording of a subdivision exemption plat. t sp o^. Rn88... g• r.( dr r ( r,,+« Rr° o «„« r« nrSg8 68$$ 8g8a Q Z E as 0 C4 LU 0 0 if all ngf f W O ; A WHO& W W W Y 1fY a1 it loft f g fill ATTACHMENT 2 TC Meeting 08-03-09 July 21, 2008 Jim Wahlstrom CIEJ1 EID Senior Planner Town of Snowmass Village JUL 2 4 2009 130 Kearns Road Snowmass Vulage Snowmass Village, C) 81615 Community Development Dear Jim: At the meeting on July 20, the members of the Town Council posed several questions for the Snowmass Chapel. Their questions and the Chapel's response are provided below. 1. The Town Council requested that the Chapel consider less restriction on the usage of the community purpose space. RESPONSE: The community benefit proposal now included in the Final Plan was developed during the Preliminary Plan review. (This was addressed in the Preliminary Plan approval resolution.) Our proposal was offered after careful evaluation of the potential use of SCI's facilities for community purposes. The current proposal "requires" SCI to provide use of its space to the community. That proposal stated up to 20 hours per week since much of the available parking is used by Anderson Ranch. Therefore, everyone recognized that unlimited or other high level of usage might not be possible due to the imposed parking restrictions. However, in an effort to resolve this concern now,SCI will include the following in the Community Purpose Development Agreement. All other provisions now proposed will remain. SCI shall allow community use 20 hours per week of the community rooms in the Community Center Building(Building 2)and 20 hours per week in the old sanctuary and related rooms(Building 1)on a parking available basis." SCI may allow additional community use depending on the availability of space and parking." 2. The Town Council requested a list of meetings that occur on site. RESPONSE: Attached is a list of many of the meeting,community organizations,and activities that take place at the Snowmass Chapel. This material was presented and discussed in some detail with the Planning Commission and Town Council during both the Sketch Plan and Preliminary Plan review. We provided this information to the Town several years ago. While some of the events and activities may have changed, Snowmass Chapel's facilities continue to be widely uses. The Sketch Plan approval authorized by the Town Council required SCI to demonstrate during the Preliminary Plan review that the facility would meet the test or comply with complying with the Community Purpose criteria as a Necessary Public Facility." That approval stated that said criteria shall be met to justify the need for the additional volume, height and floor area of the structure." While the Town did not want to grant this approval for a religious institution, it would accept the height and mass if it met the necessary public facility criteria. SCI did this during the Preliminary Plan review. Otherwise, it is unlikely that the Preliminary Plan would have been approved. In fact, in Resolution No. 6, Series of 2006,the Town Council determined that: The modified application is consistent with the Comprehensive Plan objectives concerning site integration, respecting and enhancing views, and addressing the scale and mass provisions as it relates to avoiding the monumental, respecting human scale, and not overwhelming the connection to the mountain environment. With the reduction in height from an elevation of 8218.1 to 8209.27 feet for the building addition's main roof ridge and from an elevation of 8237.27 to 8232.69 feet, including any appurtenance, the current proposal is compatible with the immediate surrounding neighborhoods. Clearly,SCI's facilities offer unique community facilities and services not provided by others, including the Town. It fills many of those community needs that have not been met by commercial and residential development in the community over the years or those uses that actually created the demand for the services but which did not provide the means to meet those demands. SCI feels that the Town has already made sufficient investigation of this matter and determined that this expansion is appropriate and that community needs are being met. 3. Town Council requested confirmation in the PUD Guide or preferably in the Community Benefits Development Agreement on the type of organ to be installed. It appears that the Town Council believes that the organ is a requirement to achieve the proposed building scale and mass. RESPONSE: SCI provided a substantial amount of information during the Sketch and Preliminary Plan reviews regarding the acoustical qualities of the building. The space is designed with a variety of performances in mind, not only an organ. Choral,acoustic, and spoken word requirements were taken into consideration as well. SCI is committed to providing a Fisk Organ,as it has indicated throughout the review. During the previous analysis,we have pointed out that the best-trained ears may be able to distinguish between the Fisk and other quality performance organs. Due to economic and financial considerations,SCI may have to pursue other options. However, the first choice is and will remain a Fisk Organ. We will amend the community benefit development agreement to state that a Fisk Organ or similar quality performance organ will be provided. 4. The Town Council request several 25-foot coniferous trees to be located on Parcel 20 in the larger tree cluster area. RESPONSE: SCI agrees to amend the landscape plan to provide three 25-foot coniferous trees in the area described. S. The Town Council requested information on the use of the Carillons and the need for a 15-minute limit on concerts. RESPONSE: The carillons can be played from the organ or manually by an individual. SCI is contemplating the idea that a concert could be performed by one or more professionals brought to the new Sanctuary for this purpose. However,a specific approach has not been determined. Therefore,to respond to what we believe was the question posed by the Town Council,SCI proposes to amend Section X(B)(1)of the PUD Guide to read as follows: The duration for each occurrence shall not exceed one minute, with the exception of a carillon concert. A concert performed from the organ shall not exceed fifteen minutes. However, a live concert performance by one or more individuals may exceed 15 minutes. In such instance, SCI will notify the Town prior to the performance. SCI will use it best efforts to hold the concert to a reasonable length of time. SCI will adjust the length of said performances at the direction of the Town Council if significant complaints should arise from the community. I hope that this is a suitable response to the Town Council's requests. As we know, there has been considerable discussion and compromises on all sides during this review. We believe that,while the demonstration of need is not specifically called out in the Municipal Code,SCI has demonstrated that not only is this a religious facility but it is also an important community facility and benefit. We believe that the previous Town Council already made this determination. We look forward to completing this review with you and the members of the Town Council. Please let me know if you require additional information. Sincerely, u Dodg Dotson On behalf of the Snowmass Chapel Use of Facilities and Property The Snowmass Chapel and Community Center will be developed with the common goal that the facilities on the property, including the new Chapel Sanctuary building, will truly be a community center within Snowmass Village. Each use now proposed use is consistent with the service, community facility, and religious uses allowed now on the property. SCCC will not expand the type uses with will occur here,to include uses such as a year round school, retail or other similar activities that would alter the impact of SCCC facilities. There are abundant varieties of uses that occur within the confines of the buildings on this property. SCCC is committed to these and other similar uses and activities here in the future. Some of the existing uses are as follows. SCCC commits that its facilities will continue to serve the community be providing appropriate space for these uses. Clearly, the number and type of groups that use SCCC facilities demonstrates the need in the community and,therefore the fact that this is and will continue to be an essential community facility and amenity. Challenge Aspen Music Camp Vacation Bible School Piano Lessons Healing Services Music Club Recitals Peak 3 Ministries Ski Patrol Meetings Thanksgiving Potluck Confirmation Class Weight Watchers Men's Bridge Meadow Ranch Condo Association Brush Creek Metro District meetings Bible Study Watercolor Class Brownie-Girl Scouts Yoga Spirituality Seminar Stand Wood Health Seminar Slide Shows Girl Scout Cookie Distribution Community General Elections Community Special Elections Gala Preparation Nature Center Open House Pitkin County Democrats meetings CMC Graduation Board Meetings Office Professional Counseling Services Sanctuary Council Meetings Horse Ranch Homeowners Qi Gong Presentation Kriya Yoga Halloween Party Fox Run Homeowners Challenge Aspen Staff Members Girl Scout Area Leaders Bylaws Task Force Aspen Interfaith Meeting Alcoholics Anonymous SCCC Committee Meetings Nature Center Meetings Parenting Classes Sunday Worship Catholic Mass Hispanic Worship Conferences Concerts-Summer Concerts-Winter Weddings Memorials John Denver Memorial Protestant Christmas Eve Easter Catholic Mass-New Years Catholic Mass-Good Friday Catholic Mass-Christmas Eve Choir Practice Children Christmas Pageant Snowmass Counseling Center: SCCC now has three experienced therapists providing counseling for families, couples, individuals and children. This service is available to members of the community at affordable prices. SCCC is the only community-serving organization to provide such services routinely in the community. Snowmass Concert Series: Under the leadership of Hal Laster, former Dean of the Aspen Music School, SCCC now provides a music program that includes a choral and hand-bell choir, commissioned anthems for Christmas and Easter service, outstanding students from the Aspen Music Festival and School, the Young Artists Concerts, and the Concerts in Snowmass Series, which started in 1999. SCCC sponsors other music functions in the community. In January 2006, SCCC will sponsor Joseph Tsai, age 12, and winner of the 2005 Virginia Waring International Piano Junior Solo Competition. Snowmass Lecture Series: SCCC invites outstanding speakers and lecturers, including best selling authors, to be our community guests and share their knowledge and insight. Community Outreach Fund: SCCC's community outreach fund addresses the needs of individuals who work or live in Snowmass Village. This program helps individuals with medical costs,counseling expenses, and unexpected expenses. An annual scholarship is provided to a graduating senor from Snowmass Village. EDITED VERSION Town Council Meeting 08-03-09 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. l0 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 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, and August 3, 2009 to review the proposed 73 Final PUD application together with the re-zoning, and the associated subdivision exemptions 74 and final re-plat,to consider the recommendations of Town Staff,the recommendations of the 75 Planning Commission concerning the proposed re-zonings and Final PUD changes,to receive 76 public 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 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 111 Ordinance No. 8, Series of 1997, and a Special Review application for such a use is 112 not required in accordance with Table 3-1, "Schedule of Uses," in Municipal Code 113 Section 16A-3-50. 114 2) Since the Municipal Code no longer recognizes the 'PUD' zone district to be utilized 115 for development or redevelopment proposals, the proposed "MU-1" zone district is 116 appropriate for the site as it prohibits commercial type uses, such as retail sales 117 establishments, business/professional offices, personal services, restaurants and 118 commercial lodging. Those proposed uses, not specifically listed within the "MU-1" 119 zone district land-use table, could be considered accessory uses as previously 120 recommended during the Preliminary Plan stage, since they are acceptably, clearly 121 and specifically noted and listed in the Final PUD Guide as accessory permitted uses 122 under the control of the Applicant/owner rather than as primary permitted uses for the 123 site, which is the case pursuant to the proposed Final PUD Guide. 124 3) As the "MU-1"zone district allows a maximum 1:1 Floor Area Ratio (FAR) in Table 3- 125 2, "Schedule of Dimensional Limitations" of Municipal Code Section 16A-3.50, the 126 Final PUD Guide acceptably restricts the maximum floor area to the accepted buildout 127 variation of 29,700 square feet. 128 129 4) Pursuant to the above noted findings and per Municipal Code Sections 16A-5- 130 300(c)(3) "Uses," under the General Restrictions, the Applicant's proposed "MU-1" 131 zone district of Lot 1 of the Second Amendment Plat, Snowmass Interfaith Chapel 132 Subdivision,also to incorporate the associated lot line adjustment and land exchanges 133 via associated Resolution No. 14, Series of 2009, and Lot 2A of the Snowmass 134 Interfaith Chapel Subdivision Re-plat "A," and as further described or illustrated in 135 Exhibit'W"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 Parking Standards,"the 213 changes to the seating counts in the main building addition from 300 to 320 214 permanent seats at a ratio of 1:3.3 and a decrease of temporary seats from 50 to 30 215 seats at a rate of 1:5,which rates are reasonable, insignificantly increases the parking 216 requirement from 101 to 103 spaces, assuming the building addition operates 217 individually without the concurrent operation in the existing facilities pursuant to the 218 Parking Agreement section in the Development Agreement(Exhibit"D"); Further,the 219 application appears to acceptably show the proposed expansion of the parking 220 provided on Lot 2A by 12 spaces as previous recommended during the Preliminary 221 Plan review, thus increasing the overall parking provided on site from 106 to 121 222 spaces, inclusive of handicap parking provisions, making the net cumulative difference 223 on-site between parking requirements and parking provisions negligible when 224 compared to what was proposed during the Preliminary Plan review; and therefore, 225 the Final PUD parking provisions are acceptable; Additionally, as the previously 226 offered off-site overflow parking commitment of 26-32 spaces for larger events has 227 been proposed for elimination with the Applicant's parking amendment dated May 11, 228 2009,the Applicant's shared alternative parking plan together with substitute parking 229 management strategies have satisfactorily demonstrated compliance with the Code's 230 criteria in that: 231 232 a) the Applicant has offered an additional 12 contingency parking spaces on Lot 2A; 233 b) the Applicant has offered valet and bus services for special events, also per the 234 identified location for off-site valet parking during these events including the 235 consent from the affected property owner or representative thereof; TC Ord. 09-09 Page 6 of 14 236 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, hasGeatinued is 239 continuing to remain in effect; 240 d) the Applicant is willing to 241 DepaFtwentpurchase transportation services concerning usage of pablis 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 forthe 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< 300 has nntsatisfactorily met the criteria for community benefit, or public safety need 301 concerning the sentaiai^^m°t* 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 The ^^rt^^ Af WA ,.,^,,gr r°^ °sts „^ ^^ aentaining 305 approximately square feet does doas "not mnnt thn oritoria fnr 306 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,imRG6diaginvolvin 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 68:468_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 Buiidout 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 to 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 I deaiesthe Applicant's waiver request 398 for sentaining approximately the modified 399 snowmelt area of approximately 2,650 square feet. 400 Feguesl granted .4donied is–fgr–!he seR`aiRi„g 401 ly— square fp' as described or illustrated in attached Exhibit 402 I:; 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 an updated 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, ernent (G.I.A.) pFiGF 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 and resolve the FemaiAiAg GOMMents dated ApFil 22, 2009 in attaGhed Exhibit "W"i 437 438 439 design and weight lead GapaGityeithe bridge PFiGFW)GnrAMAAr-P-FAA—A Of nnnrfn--F4an,. 440 eF the issuanGe of a gFadiRg Fl.rwit. 441 442 3) Also Jagrior 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), in general GGRfGFFnaRGe with the 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 b) Development Agreement, in general GenformanGe with the AppliGant's MaFeh 10, 464 2Q09 supplemental submission, 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, is general 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 submission, 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.,6ubjest to 479 480 481 482 483 484 485 GORGluded and agrees that the Vpstpd PFGPGFty Rights shall be vested and 486 487 August 6, 204 1 (!he "Initial Vesling") and, if App!iGa nVIDeve lope F ha6, a) 488 489 GGRGULIGtiOR prejeGt within approximately 18 14 FAGRths, b) exeGuted all 490 491 492 493 494 Propeily withiR the 'Ritial Vesting peFied, the Vested Pfoperty Rights shall 495 be extended upon the expqFatqGR of the Initial VestiRg for anGther five (6) 496 497 GGRtFaFy theFein,all FnedifiGatiens and amendments to the GFdiRaHG8 OF any 498 499 500 approval by the TDIMP Q.Ad ruchIVOCA Aq shall last throughout tho term of th 501 502 W") 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 recordinq of all documents, includinq 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 building 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 ApplisaRl6ha4- 537 538 a) Shall PFGhibit GGROFUGWR staging irGm taking plaGe WithiR Let 2A when an even 539 4 6 6Gheduled at the Site OF OR adjaGeRt PF9peFties; and 540 b) Regulate GIGSUFe ef the POd-AGWRA trail for on ply 61;94 teFFn delays for purpose 0 541 542 543 9)8)_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 40)9)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 44410LThe 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 PFGV;SlGRS !A the FiAa;I 566 567 568 569 570 571 572 TC Ord. 09-09 Page 13 of 14 573 574 575 576 577 578 579 re_psan;ih_lA 94orts have been made to resolve a Raise related prGb!eFB OF GGMplaiRt 580 581 582 583 584 585 586 587 4-}11LTown 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 444j2LFollowing 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, as amended,on first reading by the Town 603 Council of the Town of Snowmass Village, Colorado on this 6'4 day of July 2009, upon a 604 I motion made by Council Member Butler and the second by Council Member Wilkinson, upon 605 a vote of 4 in 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 20'4-3`'day of dulyL ust 2009, upon a motion 609 made by Council Member and the second by Council Member 610 upon a vote 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 pertiefl of snowmelting system 653 be Kemevedexempt pursuant to the waiver provisions in Ordinance No. 11, Series of 2008. FINAL VERSION Town Council Meeting 08-03-09 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 09 5 SERIES OF 2009 6 7 AN ORDINANCE CONSIDERING THE RE-ZONING TO'MIXED-USE-1'(MU-1) TOGETHER 8 WITH THE SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT 9 DEVELOPMENT(PUD)INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS. 10 I 1 WHEREAS,the Town Council accepted on September 5,2006 the Snowmass Chapel 12 modified Preliminary Plan application and permitted the Applicant to proceed to the Final PUD 13 application stage via Resolution No. 9, Series of 2006 (Resolution 9) and waived further 14 requirements for an air quality analysis and a fiscal impact report with the application, unless 15 deemed necessary during the Final PUD application review; and 16 17 WHEREAS, the Town Council granted the Applicant's requests for extension of the 18 submission of the Final PUD application on September4,2007 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 TG 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 6,20,and August 3,2009 to review the proposed Final 73 PUD application together with the re-zoning,and the associated subdivision exemptions and 74 final re-plat, to consider the recommendations of Town Staff, the recommendations of the 75 Planning Commission concerning the proposed re-zonings and Final PUD changes,to receive 76 public 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 Findinos: 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 I I I 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 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 666), 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 Parking Standards,"the 213 changes to the seating counts in the main building addition from 300 to 320 214 permanent seats at a ratio of 1:3.3 and a decrease of temporary seats from 50 to 30 215 seats at a rate of 1:5,which rates are reasonable, insignificantly increases the parking 216 requirement from 101 to 103 spaces, assuming the building addition operates 217 individually without the concurrent operation in the existing facilities pursuant to the 218 Parking Agreement section in the Development Agreement(Exhibit"D"); Further,the 219 application appears to acceptably show the proposed expansion of the parking 220 provided on Lot 2A by 12 spaces as previous recommended during the Preliminary 221 Plan review, thus increasing the overall parking provided on site from 106 to 121 222 spaces, inclusive of handicap parking provisions,making the net cumulative difference 223 on-site between parking requirements and parking provisions negligible when 224 compared to what was proposed during the Preliminary Plan review; and therefore, 225 the Final PUD parking provisions are acceptable; Additionally, as the previously 226 offered off-site overflow parking commitment of 26-32 spaces for larger events has 227 been proposed for elimination with the Applicant's parking amendment dated May 11, 228 2009,the Applicant's shared alternative parking plan together with substitute parking 229 management strategies have satisfactorily demonstrated compliance with the Code's 230 criteria in that: 231 232 a) the Applicant has offered an additional 12 contingency parking spaces on Lot 2A; 233 b) the Applicant has offered valet and bus services for special events, also per the 234 identified location for off-site valet parking during these events including the 235 consent from the affected property owner or representative thereof; TC Ord. 09-09 Page 6 of 12 236 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, 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 developmentand 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 fora 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 fora 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 necessary to 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,as amended,on first reading by the Town 526 Council of the Town of Snowmass Village, Colorado on this 6`h day of July 2009, upon a 527 motion made by Council Member Butler and the second by Council Member Wilkinson, upon 528 a vote of 4 in 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 3rd day of August 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 3. Insertion for — Re-zoning map exhibit and legal description AYENO TO TRg OFFICAL ZONE DISTRICT" P MR: SNOWMASS INTERFAITH CHAPEL LOT I LOT LINE ADJUSTMENT PLAT LOT 2 SNOWMASS INTERFAITH CHAPEL SUBDIVISION LOT 2A SNOWMASS INTERFAITH CHAPEL SUBDIVISON REPLAT " A" A PARCEL OF LAND STTUATED IN SECTION I TOWNSHIP 10 SOUTH. RANGE SO WEST OF THE 6th PY. t I COUNTY OF PITKIN. STATE OF COLORADO 1 W F TRACT 4! TRACT 40 ptlP[ F1I Bb/ NOAAJ_ BIAR!) PMf/ KM c9 KtP6L. GMXx.: i/ 0f4 IMOI, V'CM W < sY r/- rsuSH i(/ CgW/ lAW 4FYT AIP b JlY.)C /- IS.M M LV p TIJ. t aV)N/ 5N M L/0 pM i/ M t wt2 p[ IHt Vlo/ YiS/ oN AflEt iD 9Z ZONED vttr'+ o, p uu 1.< uwcElmr PU5 rlumAc rerinir A' p+. yYb r se oPEx lanai/ 1 iularzs/: v DU DOPIAf S PYNEU AAG PAP o*'" s$5 pm. PIANM UNIT OS OPEN SPACE DCVHDPY6NT JabltO YT Ra/ oLT/ lt/ nYll lnAC//_ RqX I LMO iPA-: l 14d/-! l/o" e nrab 5/ YRJ 1 SOPRIS EN IN ERA F LNG - LLC WA' A CML CONSULTINIS 503 YAM 3' PREE! S A9 we a CAREpND. 1 . CoLORA00 UW3 v vea) M4- 0111 Snowmass Chapel and Community Center Final Planned Unit Development Guide s I JULY 20, 2009 Dcaet,a:NE RECEWED JUL 231 2009 5nowmass v:.:,, o bwbmty Deve opmert Final PUD Guide Table of Contents Section page I Purpose 5 II Intent 5 III Zone District 6 i' IV Planned Unit Development Uses and Dimensional Limitations 6 A. Allowed Uses on Lot 1 6 B. Accessory Uses Allowed on Lot 1 6 C. Allowed Uses on Lot 2A 7 D. Prohibited Uses on Lot 1 and Lot 2A 7 E. Parcel Size 7 F. Maximum Gross Building Ground Coverage 7 G. Maximum Building Floor Area 8 H. Maximum Building and Average Campus and Sanctuary Height 8 I. Residential Dwelling Unit Permitted 9 1. 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 Snowmaea Chapel Final PUD Guide JuL,,20,2009 RECEIVED JUL 2 3 2009 bnowmass Village Community Development 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 s Ddeted:ne 3 Snowman Chapel Final PUD Guide Jail 20,2009 List of Exhibits Number Exhibit 1 Legal Description of the Property 2 PUD Site Plan s 3 Architectural Elevations and Building Materials 4 Campus Building Height and Floor Area 5 Landscape Plan 6 Lighting Plan beleted:no 4 Snowmass Chapel Final PUD Guide July 20,2009 1. 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. Il. 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 spate 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 5 Snowmass Chapel Final PUD Guide JufT 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. 3' 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 oe eu a:.e 6 Snowmass Chapel Fin.!PUD Guide JUL,20,2009 C. Uses Allowed on Lot 2A Parking Trails Open Space D. Prohibited Uses on Lot 1 and 2A 3 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 SF Existing Community Center Building 3,005 SF New Sanctuary Building 9,240 SF Maintenance Building 872 SF Total 19,837 SF Deleted:ne 7 Snowmaae Chapel Final PUD Guide JULI 20,2009 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 3- 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:ne 8 Snowman Chapel Final PUD Guide Ah,Y0,2009 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 3- 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 85,2115F Percentage of Site 81% Lot 2A Square Feet Provided 71,089 SF Percentage of Site 100% Total Square Feet Provided 153,679 SF Percentage of Site 88% K. Minimum Number of Parking Spaces 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- in Formatted:Indent:Let: ps,Flrsc the Community Benefit Development Agreement between the Town and SCI. iine: o Deleted:ne 9 Snowmau Chapel Final PUD Guide July 20,2009 V._ Bu ilding D__ _ _esign Guidelines Dele[etl:9 A. The architectural design of the new Sanctuary and Maintenance Building shall comply with the elevations and design details provided in Exhibit 3. All building materials and color schemes also will comply with the illustrative materials provided in Exhibit 3. B. The building height and total for the new sanctuary, maintenance building,and the remainder of the campus shall be in accordance with Exhibit 4. VI. Landscape Guidelines A. The minimum landscape provided in the PUD shall conform to the PUD Landscape Plan,illustrated in Exhibit 5. B. SCI may make field changes to the overall landscape plan,so long as a minimum landscape complies with the intent of the plan depicted in Exhibit 5 and the modifications occur outside of the delineated wetland boundary. Such changes are considered supplemental to the approved plan. C. All ground cover identified in the landscape plan in Exhibit 5 will be established in one growing season. D. SCI shall provide routine maintenance to control noxious weeds on the property. SCI shall notify the Town landscape architect prior to conducting maintenance. SCI shall conduct such routine spring and fall maintenance for two years immediately following the completion of construction and occupancy of the Sanctuary Building. Following this,SCI shall periodically maintain noxious weeds on an as needed basis or according to Town Codes and Ordinances. E. SCI shall undertake the restoration of all impacted areas within the Town's 25-foot wetland/riparian setback. All non-native plants in the setback area shall be removed in conjunction with the approved Stream Restoration Plan. VII. Parking Management and Contingency Plan A. SCI will maintain a parking lot on Parcel 24as set forth in a Development Agreement Dele d:,and such parkingnoybe between the Town of Snowmass Village and Snowmass Chapel Incorporated shared under a joint use parking agreement with Antlersan xanch Arts Development Agreement")dated 200_ center at Deleted:ne 10 Snowmoee Chapel Final PUD Guide Jujy 20,200.9 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 3' 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 lighting 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. Deleted: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 Snowmass Chapel Final PUD Guide Ju jy 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`"of July and other similar activities that involve a celebration of the community and gathering of community residents. S. Weddings 6. Carillon concerts Deleted:ne 12 Snowman Chapel Final PUD Guide Jujy 20.200.9 RECEIVED IJUL 2 3 2009 snowmass vrlage t:aafnwi'y Development B. Carillon Bell Sound and Impacts on Community Deleted:$ a. _ __ . . . _ . ---_ _ . _______________ ___________________ ___ __ _____ ______ Staff notes that the Town Council The duration for each occurrence shall not exceed one minute,with appeared to accept the idea of carillon the exception of a carillon concert. A concert performed from the concerts. So discussed this during the organ shall not exceed fifteen minutes. However,a live concert Preliminary Plan and agrees. SCI proposes that the final PUB Guide allows performance by one or more individuals may exceed 15 minutes. In the use of the carillon bells as follows: I such instance SCI will notify the Town prior to the performance. SCI 9Carillon yells are Permitted for she will use it best efforts to hold the concert to a reasonable length of following purposes, p time. SCI will adjust the length of said performances at the direction Noon$s of the Town Council if significant complaints should arise from the n. Memorials9 community. c. worship services9 i, d. Special National and Community Events,such as Memorial Day,i°of July 9q management. and other activities olvea SO shall use best practices to ensure that sound emanatin g celebration of the community and from the bells does not create substantial interference with the peace and gathering of community residents.I solitude enjoyed b residents Snowmass Villa e. weddings9 I o y y res s o Village. f. Carlllonconcerts$ Carillon Bell Sound and Impacts on Use of the bells is 8:00- hours between -AM and 8:00 --- _ _ _ community$ Deleted:a g With the exception of the carillon concerts,the use of the carillon bells shall i Deleted:The duration for each be limited to a maximum of two times per weekday,three times on Saturdays, f, occurrence shall not exceed one minute, and four times On Sundays. with the exception of a carillon concert that shall not exceed fifteen minutes. For 5 The use of the carillon bells shall be limited to one occurrence for each matted:Font.tz pt a memorial,worship service,wedding,event or activity. Fmeted:I Invent Hanging: os^ 1 Delefad:9 f The use of the carillon bells may be used at noon time. However,if aft_ er a Deleted:b trial of one month there are"significant"community complaints,as Deleted:e determined by the Town Council,SCI will discontinue the use of the carillon Deleted:d bells at noontime on weekdays and Saturdays only. Deleted:e Deleted:f 7,___ The use of the carillon bells for a concert may occur periodically throughout---- -- Deleted:g the year for special events,community activities,and holiday celebrations. SCI shall provide a schedule of concerts to the Town and adjacent 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 Deleted:ne 13 Snowmass Chapel Final PUD Guide July 20,2009 77T 7I y(77 rtp7l{(ma yy.77'lyylfttI r,[t/777}}yy'ryv tI r v+aaL IER V 11:JD iJUL 2 3 2009 t)nowmass vhlag6 OOfnmunity Development generated in advance of installation or because of day-to-day environmental conditions. Therefore,following occupancy of the Sanctuary building,site restoration,and installation of the carillon bells,a sound test will be performed by SCI and the Town. If it is determined that the sound exceeds 65 dB,then SCI shall apply to the Town for a variance for this standard. SCI will use reasonable best management practices to attenuate noise generated from the bells and the only criteria that shall be applied by the Town for approving the variance will be that reasonable measures and effort has been carried out by SCI to minimize the impact of noise from the carillon bells on surrounding properties.i 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 5nowmass 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 Deleted:ne 14 Snowmaea Chapel Final PUD Guide ujy YO,Y009 of the PUD. Major modifications will be defined and processed according to Section 16A-5-390 of the Town of Snowmass Village Land Use and Development Code B. Minor Modification Minor Modifications are those changes that will not alter the original concept of the project and result in a change that continues to be consistent with the original intent of the PUD. Applications for minor modifications will be processed according to 16A- 5-390 of the Town of Snowmass Village Land Use and Development Code and will be approved if it is found consistent with the establishment goals of the Final PUD 3 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 Pinal PUD Guide JuLi 20,Y009 3 EXHIBIT 1 Legal Description of Property Snow pass propel 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 3 Reception No. DESCRIPTION POST - LOT LINE ADJUSTMENT PLAT Snowmass Chapel Inc. 3- EXH I BIT 2 PUD Site Plan Snowman Chapel Final PUD 6uide July 20,2009 l iu/ I % 1 C OL164AL FLIH ME. s M1 tr§; dvrwu. i. Iln... 0 IF jimillim IW' fI' UR CONSI9iIIr, f10q f ckL mums 1 3' EXHIBIT 3 Architectural Elevations and Building Materials Snowmass Chapel Final PUD Guide July 20,2009 F 1 s v Ri00E E. ua ( azw r) MEK, HT UMfn I)F_ T.O. F.F. CEL 0 t OFF N SNOWMASS North Elevation CHAPEL August 21 2008 scale: 1/ 8" = 1'- 0" TO. BTFEFLE NNT IV EIG B€ OG U, ezm i1 kxl' s w... wswmw. w T.O. RIOOEeELN33- CIB18TF8 F 3 jy+.• fir. wCo EL w 4-1'T.1. t T0 FF MFIIANINEfM ( B1TS. Tl') L -- EVFl TARF MqN L E% 4411NOCONBMINRT Mn ER WaIO rs 183. SNOWMASS South Elevation CHAPEL August 21, 266Et ' scale: 1/ 8" = 1'- 0° G i x ' 4• r';. I f'i' x..• C 101' 8 6i. 9Tj CKANM T-.O. UOIIG: k411VER SNOWMASS East Elevation CHAPEL Augusi' 21, 2008 scale: 1/ 8" = 1'- 0" G bu— r EPLE Two ( MEIO1 LIMNRJ l I T.O: RIOOE o ELN s2' ( mwz/ 7 EL 1 s teanazrT T.O. x ci. r - Jx' l* T. ORIDOE It N 51 a nV r.. . i i ur n a I'( ' i eT. 01. 1d' 6. I H T.O. F.F. C i. OFFILON LEVEL I FOf- 0'INNf8 T.O. CONC. 11TNER SNOWMASS West Elevation CHAPEL August 21, 2008' scale: -- = 1'- 0° G HEIGHT UMrt E- 1/ 5A— 6' ( 8208217 n T.O. F.F. MAIN LEVEL ii T.O. CONC. LOWER SNOWMASS North Section Thru Sanctuary CHAPEL March 30, 2009 scale: 1'- 0" G MAX . i Diannorid patterned or shingle style synthetic Slate shingles Wall siding: Rusted steel or r = umiiimi uu iiii iriiimaiiium iiiiiou uui uui wood horl tal siding Exterior walls: Native stone II II veneer OEM—, M Second" roofs Standing seam or corrugateO ruslRd steel or copoe, Columns and beams: Do4las Fir heavy bmbef SNOWMASS SampleEast Elevation CHAPEL Legend a. _ ... 1= L W - WES ON 2 u• ea O O SNOWMASS W I CHAPEL MAINTENANCE OSQ= ELEVnnON BUILDING Elevations August 21, 2008 ( REVISED MARCH 30, 2009) scale: 1/ 8° = 1'- 0" Q Lte.--- -- -- -- - EAST ELEVATION vr• rr_- I SNOWMASS CHAPEL MAINTENANCE N40H1, ELEVATION BUILDING Elevations scale: 1/ 8" — 1,_ 0 August 21, 2008 ( REVISED MARCH 30, 2666F G Q Q Q T o 0 LONGfiL SNOWMASS CHAPEL MAINTENANCE Section BUILDING G Main gable mot: shingle style synthetic slate shingles, cola to match chapel shingles WNW ncrete foudation walls i Secondary mol: 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 3- EXHIBIT 4 Campus Building Height and Floor Area SnawMaSS Chapel Final PUD Guide July 20,200 EXISTING CHAPEL AREA n 0 CHAPEL 5, 32D S.F. I- w CARETAKER 820 S.F. MECHANICAL 1106. F. ( E( EMPT) TOTAL A 8, 60 G.S.F. COVERED WALK 570 S.F. CHAPEL FLOOR AREA 8. 720 G.S.F. MECHANICAL 110S. F.( EXEMPT) MAX NET FLOOR AREA SA10 S.F. PER LU. C.) 4Td 33'- 2' EXISTING COMMUNMY CENTER LOWER LEVEL AREA CC LOWER LEVEL 2, 263 G.S.F. I I L- _----- COVERED WALK 542 S.F. I COVERED AREA 2006. F. ( EXEMPT) I I CC FLOOR AREA( LOWER) 3, 0D5 G.S.F. I COVERED AREA 20D S.F. ( EXEMPT) NET I P RFL. 0 CR AREA 2A05 S.F. I CHAPEL FLOOR AREA 9, 7200. 6.F. CC FLOOR AREA( LOWER) 3. 005 G.S.F. LOWER LEVEL FLOOR AREA 9, 725 D.S.F. CC FLOOR AREA( UPPER) 2, 206 G.S.F. l TOTAL FLOOR AREA 11, 933 O.S.F. I 1 I D FAR PER L.U.C_ I qy CHAPEL 5, 320 S.F. I CARETAKER 620 S.F. I COVERED WALK 870 S.F. Y I CC LOWER LEVEL 2. 263 S.F. CC COVERED WALK 542 S.F. CC UPPER LEVEL 1, 923 S.F. PERAL. U.0) FLOOR AREA 11, 3386. F. Existing Chapel 6 Community Center SNOWMASS Lower Level Floor P CHAPEL 34'-0 EXISTING COMMUNITY CENTER AREA UPPER LEVEL DEC CG UPPER LEVEL 1, 9235. F. MECHANICAL 45S. F. ( EXEMPT) STAIR 01 98S. F. ( EXEMPT) STAIR 42 95S. F. ( EXEMPT) DEC CLERESTORY 47S. F. ( EXEMPT) c-V TOTAL AREA 2, 208 G.S.F. DECK 220 S.F.( EXEMPT) I TOTAL AREA 2, 208 G.S.F. MECHANICAL 45S. F. ( EXEMPT) STAIR 01 88 S.F. ( EXEMPT) STAIR 82 85S. F. ( EXEMPT) CLERESTORY 47S. F. ( EXEMPT) NET FLOOR AREA 1, 923S. F. PER L.U.C.) Existing Community Center SNOWMASS Upper Level Floor Plan CHAPEL ice 21,. 20 z,..._ "_., LOWER LEVEL AREA COUNSELLING 1, 145 S.F. CONFERENCE 1, 805 S.F. STORAGE 540 S.F. i P ANCILLARY 855S. F, i CIRCULATION 1, 940 S.F, i N MECHANICAL 840 S.F.( EXEMPT) TOTAL AREA 6, 725 S.F. CoNMRENM ROomp COVERED WALK BOO S.F. TOTAL FLOOR AREA 7, 325 G.S.F. LOWER LEVEL) LONFERENC TOTAL ROOM a2 MECHANICAL AREA 7, 325G. S.F. MECHANICAL 840 S.F.( EXE/ APT) CONFERENC¢\ \ \ NET FLOOR AREA ILL) 6A85 S.F. ROO/ 4N PER LU. C.) EXISTING COMMUNITY CENTER i I JJ f fi.l;.- SNOwMASS Lower Level Floor Plan CHAPEL August 21, 20W( rev. Mar. 30, 2009) scale: IO" = 1'- 0.1 ti MAIN LEVELAREA CHANCEUSANCTUARV 4, 700 S.F. i i BACK OF HOUSE/ 9TOR. 838 S.F. i ANCILLARY 255 S.F. BTAIft9lELEVATOR 390 S.F.( EJa= MPf) y CIRCULATION 1. 050 S.F. TOTAL AREA 7230 S.F. i COVERED WALK 2. 010 S.F. l% TOTAL FLOOR AREA 9Xm O.S.F. MAIN LEVEL) TOTAL FLOOR VATOR 92AO S.F. STAIRSIELEVATOR 390 SF. fEXEMPf) pt NET FLOOR AREA( ML) S, WS. F. PER L.U.C.) l •. f rte/ r.' / //_ .- / ti y LONER LEVEL 7, 325 S.F. MALN UPPERL 9, 210 S.F. UPPER LEVEL 1. 6009. E TOTAL FLOOR AREA 17. 985 S.F. FAR PER LU. C.: LOWER LEVEL 8, SF. MAIN LE 8, 950SW S.F. UPPER LEVEL 1 310 SF I i TOTAL NET FLOOR AREA 18, 845 S.F. O ' no j SNOWMASS Main Level Floor Plan CHAPEL August 21, 2008( rev. Mar. 30, 2009) scale: G kE I UPPER LEVEL AREA MEZZANINE 330& F. ANCILLARY S40 S.F. STORAGE 320 S.F. STAIRS 90S. F.( EXEMPT) t4 TOTAL AREA 1, 1008. F. TOTAL AREA 1, 40D IF.F MPT) NET AREA( UL) 1, 310 S.F. 00T, V PER LU. C.) GM t ATTIC YOW SERVICE AREA( EXEMPT) EXISTING COUtMUNITY CENTER Vi 9E- LSTEEPLEMVM SNOWMASS Upper Level Floor Plan _ August 21, n— od( rev-. Mar. 30, 2009) scale: 1/ 16 - - 11L0 UPPER LEVEL i GARAGE 880 SF ICOVERED AREA 12 SF E ( 24X. 5- 12) TOTAL FLOOR AREA 872 SF UPPER LEVEL) LOWER LEVEL 825 SF UPPER LEVEL 872 SF TOTAL FLOOR AREA 1697 SF 2 3 FAR PER L.U.C. LOWER LEVEL 780 SF UPPER LEVEL 8723 I TOTAL FLOOR AREA 1652 SF mr eu I I WW 1 m w w OT ms n. vO rurew ems & UwP R LEVEL FLOOR PLAN SNOWMASS CHAPEL J MAINTENANCE Upper Level Floor Plan - Floor Area Calcs BUILDING August 21, NTT REVISED MARCH 86, 2009) scale: 178" - 1'- 0"® 4 LOWER LEVEL E2STORAGE 848SF mMECHANICAL( FAR) 132 SF II MECHANICAL 48 SF( EXEMPT) TOTAL FLOOR AREA 828 SF LOWERLEVEL)TOTAL FLOOR AREA 825 SF MECHANICAL 45 SF( EXEMPT) 2 NEE FLOOR AREA( LL) 780 SF FSbfw 1 77, I I 1 B Y( LEVEL FLOOR FW! SNOWMASS CHAPEL MAINTENANCE Lower Level Floor Plan BUILDING August 21, 2008 scal" e: 178" = V- 011® G 901,z8o Itf m r'Jtrw1 OOOmOOO OOO000OOOOOOO AtlMOOOOOOOOOOOOO 3/WJ OOODODO OOOOOOO Aa13OOOOOOOO Ji'ri..• I ell1111! oa O a3Htli3av si3iloi H Average Building Height Calculation Snowmass Chapel Sanctuary OCV Architects,Ud. JVL e0212008 Hathod:break rod plan imo at patents,calculate area amrega might and volume for each sepmem,tow these for each building am carry . Pal Existing Communl CenterAvCmerdRXlAmofSwAvedled.ft.)l-lVolTns w.ft Av.1A of Segment R %I Araa of ft = Vouaro M.R. 27 x 258- 8812 11.5 x 542- 8233 24 x 240= 5760 11.5 x 48- 552 15 x 4517- 87755 21 x 841- 17881 14 x 100= 1400 21 x 828- 17348 11.5 x am. 6800 20 x 160= 3200 13 x 1007= 13081 29.5 x 388-11448 Total Bulbing Volume 101816 Tow Building Vwane 56438 3- Total Buddhg botprim - 6720 Total Building fooU M - 2805 Building AV.R. OIANWed by F riM to R.15A 18vilding Av.HL .divided by F On ft)20.12 ed CM d San La Av.Ht. t R X Arse of Samnant = Volume w.ri 1 38 x 155° 8270 2 47 x 850. 39850 Total Campus volume 43$888.00 cu.R 3 33 x 4,000=1320M Total Campu-footprint 19,520.00 ad. 4 37 x 845=23885 5 17.5 x Soo. 8750 Av.HL Of campus 22,48 ft 6 17 x 770. 13M 7 18.5 x 1.360-26520 8 13.5 x so. 7290 A0 faunae am epprmmnda based on 00%Construction Documantn. B 18S x 290 5385 All heWft em from gioraxLting grads. 10 20 x 875 17500 Av.HL is midpoM between save end ridge of a eloping rod. Tod Building Voters 2806M Total Build'eg footprint(leas aleeple)9,985 BuIldin Av.ML JVOLdvded by F ft 28.07 i Snowmass Chapel Building Height Matrix 8/2112008 (REVISED MARCH 30, 2009) Point Elevation Height from Comments 3' Existing Finished Existing Finished grade grade grade grade 1 8196.27 8152,7 8151.77 43.57 44.5 Ridge 2 8209.27 81517 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 OtwwiuoQO .111a9e Co yMity Development i0.! •,' ,' Fey 7 7 e a It. N = MW WeR a _ __ s7 SNOWMASS CHAPEL Average Building Height Diagram 0 c.-. . p1/ F mP P w1 . 1l e wmezr e n / I 76G F D 1y® O. FAVE COMMUNITY j CENTER fF. 81G627' p1 I I L w1Y I e I 1 I I I I a awt I I TD. FS m SF MIll m 14RI waa: ee SNOWMASS Site Plan CHAPEL locating elevation markers EXISTING GRADE August 21. 20081REVISEDUARCH 30, 2009Y scale: 1'-- 2d- 0' G I I 1 V I I I r-_ I 4 I11 j CENTER I q_ 1W et I F.F. = 8166. 2]' 1 I I I I I I I I I L I oOE I mm r 1 awl o o I nx9 SNOWMASS Site Plan CHAPEL locating elevation markers. FINISH GRADE August: 21, 2008i( RWSEDWARCH130; 2009) scale: 1°= 29- 0° G I' HEIGHT VARIATION FROM EXISTING GRADE: MORE THAN 50% OF BUILDING AREA WILL BE UNDER THE 40' HEIGHT LIMIT FROM EXISTING GRADE.BUILDING FOOTPRINT 8, 240S. F. STEEPLE( EXEMPT) - 1205 F 1205. F. BUILDING AREA BELOW 40 HEIGHT LIMIT( S, DWS. F,) BUILDING IGMT AREA ABOVE 01 I I I a SNOWMASS Main Level Floor Plan CHAPEL scal. ee ys I" = G HEIGHT VARIATION FROM FINISH GRADE: MORE THAN OF BUILDING AREA WILL BEE UNDER THE 40' HEIGHT LIMIT FROM FINISHFINI6N GRADE.BUILDING FOOTPRINT 0. 340S. F. STEEPLE( EXEMPT) - 730 S.F. 1- 25b. 1. BUILDING AREA BELOW W HEIGHT LIMIT( 5. 255 S.F.) BUILDING AREA ABOVE 40 HEIGHT LIMIT( 3, 805 S.F.) i i t of IST MUNI CENTER i O EP, SNOWMASS Main Level Floor Plan CHAPEL G 3 EXHIBIT 5 Landscape Plan Snowmao Chapel Final GUD Guide July 20,2009 CN p{(!€9 n]M 43 n• LL -at j C yq ill I^oilia 5 1(11im• LJ mz tyty B@E A aEaE EES5 8Qx 8Q p6pp 6BBBAg5EF gy3r sit i$ a ( Y a6a i [ 9 D g 0 F$ ( N \ 6 [L f O Nl y 2 110 m A9 A A A 5 6 L L L E 13 a° [ $ 1 Aii411i1I EFSEEEE_ E 3 G d m m Nm O Ft x NN. F-7 f eterreryxxtte x [ISSS$$9$Sl$l199 00 1 i3mz do P`!'"1 r gym i i YAK S T C, s Y d s s pN s s L W", 6b LANDSCAPE PLAN SNOWMASS CHAPELt 5 t 4 PLANT LIST QUANTITY BOTANICAL NAME SIZE SPACING CONDITION COMMONNAME TREES 8 MALLS'DOLGO' 1112'CAL.AS SHOWN MATCHED,B&B n6 DOLGO CRABAPPLE 30 PICEA PUNGENS 8'HT. ASSHOWN B&B COLORADO SPRUCE 6 PICEA PUNGENS 12'HT. ASSHOWN B&B COLORADO SPRUCE 3 PICEA PUNGENS 16'HT. ASSHOWN B&B 3 P CEAPUNGENS U 25'HT. ASSHOWN B&B s i COLORADO SPRUCE 9 PICEA PUNGEN'MONTGOMERY 5GAL. ASSHOWN CONTAINER MONTGOMERY DWARF SPRUCE B 49 POPULUS TEMULOIDES 2'-3'CAL. AS SHOWN B&B QUAKING ASPEN C 19 POPULUSTEMULOIDES 1112-2' ASSHOWN B&B QUAKING ASPEN CAL. SHRUBS 53 CORNUS STOLONIFERA'ISANTI' 2 GAL. 5'O.C. CONTAINER ALPINE CURRANT 68 JUNIPERUS COMMUNIS'EFFUSA' 2 GAL. 5'O.C. CONTAINER COMMON JUMPER O 18 RISES ALPINUM 2 GAL. 4'O.C. CONTAINER ALPINE CURRANT O 24 SPIREA VANHOUTTEPRENAISSANCE'S GAL. 5'O.C. CONTAINER RESAISSANCE SPIREA GROUNDCOVER 5,781 SF NARCTOST ICKAPHYLOS WA-URSI 4'CONTAINERS 0 24'O.C. 1,180 SF ANNUAL COLOR' PROVIDED BY OWNER 3.850 SF SOD i JUL 121. 3 2009 nowmass vmayt: R E V E G E A T I O N SEED MIX Ivimlunlly Development Indian Rice Glass'Nez Par-Anhnetherum hymenoldes'Naz Par 3.01Ibs I acre Sandberrgg Bluegrass-Pas secunda'Sherman' 2.0 llbs/acre Thlckspik9 Wheat Gress-Eymus lanceolatus 3.0 llbs I acneSlentlerWheatgresa'San LulT-Eymus trachycalulus 3.0 libs I acreMountainBrome'Garnet-Bromus marginalus'Garret' 2.5llbs I acre Arizona Fescue-Festuce ovtna'Aniba' 2.5 fibs/acreAnibe'Westem Wheatgrass-Pascopyrum Smithll'Ardba' 0.251Ibs l acre Mountain Sagge-Artimesia Mdentate vaseyana 2.0 llbs I acreRubberRabbBrush-Chrysothammnus nauseosus 0.25 IRIS I acrePrairieSage-Ardmesla ludvidana 0.25 Iibs I acre Fringed Sage-Artimesla Fdgida 0.25 Ilbs I acreHairyGoldenAster-Chrysupsis vl0o3a Silver Lupine-Lupinus argenteus 1.0 Ilbs I acre 2.0llhs I acreRockyMountainPenstemon-Penstemon sblotus ArrovAaaf Relearn Root-Baisamorhiza saghrets 0.5 Ilbs I acre 23.0 lbs.Pure Live Seed I acre WETLAND REVEGEATION SEED MIX Fowl Bluegrass-Poe palustds 10% Tufted Halrrggrass-Desdtarn [s caesp'nosa 30% Streambank Wheatgrass-Eymus lanceolatus spp.lanceolatus 30% Western Wheatgrass-Pasoopyron smithli 25% ArctloSaldc Brush-Junius amlicualbalticus 5% . The wetland seed will be spread at 36 pounds per acre If broadcast EXHIBIT 6 Lighting Plan Snowmam Chapel final PUD Guide July 10,1009 i 9 : h•\'\ I..FF .. iG.G . ',Fri >;y c i eI fit SNOW"S CHAPEL-EXTERIOR ro E ' Exhibit "C" Town Council Ordinance No. 9, Series of 2009 3 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. RECEIVED 1. Recitals JUL a0,,8. 1 pp9 For the purpose of interpreting and giving effect to this Agreement, the Town and the Subdivider agree to the truth and the accuracy of the following: snoni a. D velopGOmmunity. 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,, Series of 2009 - Deletcdo 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. 9 Series of 2009 ,-- Deleted: are performed by the Subdivider. Deleted:ne Page I Snowman Chapel Snbdly li.lmpio,rment Agreement AWN, -- ------------------------------------------------------------- 2. Public Improvements. To complete the construction of the new 5anctuary and all related utilities and other site _ - Deleted:saactumry 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 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 Sno%n=Chapel Subdivision lmprummem Agreemem JaWA-1009__ 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 amid-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"0"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 it 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. r WDeltdd of con3t.u.n xi. Partial Completion Revegetation. Following commencement ; t construction of any improvements set forth in this Agreement, SCI shall revegate the site if Following me construction ceases as follows: etion of a. In the instance that SCI obtains a Dartial permit Deleted: the Town for the purpose ofjnstallin he underground utilities, as allowed in Section 3 We. below, all disturbed areas related to the installation of said utilities shall be revegetated with 1ii) natural grasses and temporary irrigation shall be provided to establish the grass provided that a n.+ full building permit has not been issued for the Project. In the event that 4onstmction activity d related to the installation of the utilities Leases for any reason for 90 bays, the disturbed area.' . Deleted: Page 3 Snowman Chaprl Suhdivuion lmprovemenr Ailwmenl JuQ,JO,2009 ._____ shall graded and revegetaed with natural gr'usses and a temporary irrigation shall be provided to establish the grass unless otherwise approved by the Town Council When the 9R days_ Deleted: for a period of 180 days. terminates during the winter season,revegetation shall occur before June I of the following year _ Deleted:la the even ihm 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) Mvlar 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 partial permit from the Deleted' miti mead Town for the purpose of installing and completiQ&the_installation of the und_ergtound water_,' - Deleted: distribution system, sanitary sewage collection system, and master gas, electric, telephone, and Deleted: cable utilities in advance of the issuance of the full uilding permit_for the Project if SCI_, Deleted:ne Page 4 Snowmass Chapel Subdivision fmprommen(Agmemenr Job"M 1009 demonstrates to the reasonable satisfaction of the Town Council that SCI has sufficient funds_ - Deleted: available to complete said utilities, to restore the ground surface, and to revegetate all disturbed areas with a comparable seed mix to the existing surrounding grasses. Prior to the initiation of construction of the underground utilities, SCl 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 of the site to the preconstruclion gradepnd revegetation with 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 building 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 s 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:mmelning install and comoletedns allowed in Section 3(a). Deleted:, Deleted: ofthosetlut.,hnvebeen 4. Construction Management Plan COmPm'ed Deleted:under 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". S. 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 5 Snowman Chgoe/Subd7Wfion/mprotsmmt Agreement Ja(Ij0_2009_ 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 be 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. 3 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 I 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:ne Page 6 Snowmn..Chapel Subditvion Imprmemenr Agreement A&M 1a09 ----------------- ------ ---------------------------------------- . 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 3. 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. J 11, 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 oerema:me Page 7 Sno%man Chapel Subdivision linprommenr Agreement Ju 0,2009 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 gonstruction, the Town Engineer may require an - Deleted:eonswnion 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 p.0 or a1I _Public Formatted:Not Highlight Improvements,,jas 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 fort approved by the Town 'r, - Deleted: hat have n,t,therwiae been Attorney and issued by a State or National chartered commercial bank and shall, among other _ —1ed 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:w 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: prlorto,hemaaneeofa any other remedies available to the Town. bnllalne peenit 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.partia) release is sought. The Subdivider's engineer shall certify that the Public Improvements for which the partial release of the letter of credit is sought have been installed and completed according to the terms hereof, Engineered Plans and Specifications and all Town Municipal Code requirements. Once reviewed and approved by the Town Engineer,the request will be submitted to the Town Council for final review and said partial release shall occur upon Town Council approval. The documentation associated with any such partial releases shall be in a form approved by the Town. Notwithstanding the foregoing, the Subdivider shall in no event be entitled to the release of more than eighty percent (80%) of the cost of Public Improvements prior to the completion and acceptance of all Public Improvements required hereunder. Within thirty (30) days after the Subdivider has completed all of the Public Improvements required by this Agreement and the work has been approved and accepted by the Town,the entire remaining amount of the security, less an amount equal to ten percent(10 0/.)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 Snow.Chapel Suhdivi ion lmprocemenl Agnemenr lu(l a_I0a9 -_ 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:ne Page 9 Snomm"Chapel Subdivision Improvement Agreement Ju jQ 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 Subdividers 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 rcmediation 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. Deleted:ae Page 10 Sno.,.Ch,d S,,bdi uwa Improm..?Agree., A&t W 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. Indemnification/Insurance Subdivider agrees to indemnify and hold the Town harmless from any and all claims or losses of any nature whatsoever incurred by the Town resulting from the rezoning and subdivision of the Subdivision, including,without limitation, indemnification against any claims arising under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and any amendments thereof. This indemnification shall include actual attorney's fees and costs incurred in the event that any party brings an action against the Town for any of the approvals described herein, unless it is determined that the Town acted improperly or without proper authority. The parties hereto intend not to duplicate any legal services or other costs associated with the defense of any claims against either party described in this section. Therefore, the parties hereto agree to reasonably cooperate to prevent duplicate expenses incurred as a result of the indemnification herein described. This indemnification shall include the assignment to the Town of the proceeds of any insurance policy insuring the Subdivider or its successors-in-interest. However,the Subdivider shall be obligated to reimburse the Town for and all legal or other expenses reasonably incurred by the Town in connection with investigation or defense of any such loss or claim. The Subdivider shall also cause the Town to be named as an additional insured under the terms of the liability insurance policy maintained by the Subdivider during the construction of the improvements set forth herein. A certificate showing such insurance shall be provided to the Town prior to commencement of any work by the Subdivider, which insurance shall not be subject to cancellation or non-renewal without at least fifteen (15) days prior written notice to the Town. 19. Waiver of Defects J Deleted:ne Page 11 Snowman CApI.Vubdlvhion lmpm ent&mewn! 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 Jtf_ 'ieletea:or conan;oa: 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. s 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 govem 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. Delete0:ne Page 12 Sno,.Ch"I Subdiv ion lmpmwmenl Agm mt Ju(r'z0.2009_ 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. Estoppel/Completion. The Town agrees that it will, at any time and from time to time, within thirty(30) days following receipt of a written request from Subdivider or an independent third party who is a proposed or existing lender, seller or purchaser of property within the Subdivision, execute, acknowledge and deliver to the party making such request, a statement certifying: (i) that this Agreement has not been modified,supplemented or amended and is in full force and effect(or if there have been any such modifications, supplements or amendments,reference to the same will be made); and (ii) that to the best of the Town's knowledge and belief, the obligations of the Subdivider hereunder requiring performance prior to the time of the request, have been Deleted:ae Page 13 Sao%m Chapel Sabdldeion lmprmrmenr Agmemenr n 0.1009 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 s 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:ne Page 14 Sno..Chapel S,,WN sl Improves Agnemenr Jn yJ0,1009___ -_ 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 J 2009,by as of Snowmass Chapel,Inc.,a Colorado Corporation. Witness my hand and official My commission expires: Notary Public Dele[etl:ne Page 15 Snowmass Chapel SuhdnBion Improvement Agreement lutij0_1P09 _ EXHIBIT"A" LEGAL DESCRIPTION 3- I Deleted:ne Page 16 Snowman Chapel Subdivision Improvement Agreement JuO_1009 EXHIBIT`B" ENGINEERED PLANS AND SPECIFICATIONS 3- Deleted:ne Page 17 Snownmrs CFnpel Subdirisian/mproement Agreement Lj0,{009-... ... .... .... ........................... EXHIBIT TRANSIT PASSENGER WAITING SHELTER 3- Deleted:m Page 18 Snmvmav Chapel Subd vWio Improvement Agreement EXHIBIT"D" BRUSH CREEK BANK STABILIZATION AND HABITAT RESTORATION AND ENHANCEMENT PLAN 3- Deleted:ne Page 19 Snmvmae Chapel Subdlvulon Improvement Agrcemenr Ja 0_3009__ EXHIBIT"E" LANDSCAPE PLAN 3- Deleted:rte Page 20 Sao..Chapel Subdivision Impm xmem Agreemem Jv&;M,2009__ EXHIBIT°F" SUBDIVISION IMPROVEMENTS COST ESTIMATES Deleted:ne Page 21 Swwm=Chapel Subdivuion InWrowmem Agreement Jv0:1009 EXHIBIT"G" SBDIVISION CONSTRUCTION MANAGEMENT PLAN Deleted:ne Page 22 Snox mnsa Ch pe/SOdMslon Agreement Ju 0,1009 Snowmass Chapel 5307 Owl Creek Road Snowmass Village, CO 81615 Sanctuary Addition -Construction Management Plan June 20, 2009 3 RECEIVED IJUL 0 8 2009 Snowman, ...._,a OMMUnity 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 i_ 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 1.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 s 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. L 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. 3 N. Punchlist and final cleaning- 30 days. O. 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. r 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. 3- 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. 3 5. Other Pollution Prevention Measures- Remove trash and debris from site. Keep trash receptacles covered. Fenton Construction will provide one forty yard dumpster on site at all times for general trash waste. Fenton will also provide a bear proof trash enclosure for food waste throughout the course of construction. 6. Inspections will be made every week by the Owner's Representative PVCMI) or after a large stormwater event. Reports will be maintained. PVCMI will direct Fenton Construction General Contractor to correct stormwater management measures within 24 hours of reporting. 7. In the event a complaint is received by the Town of Snowmass Village, notification will be forwarded immediately to PVCMI. If necessary, an on- site inspection will be arranged within 24 hours of the notice. PVCMI will provide the Town of Snowmass Village with specific actions that will be undertaken to ensure that the problem is corrected and is prevented from occurring again. 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 as needed 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 (COOT) 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 3_ 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 SO 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 s 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 sife 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 parkins lot) during an event or activity being held at the Snowmass Chapel or Anderson Ranch. L Safety Page 10 of 12 Pre-construction organization and safety meetings will be conducted by Fenton Construction the General Contractor and the Owners 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. 3 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 const"ruction 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. S. 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. ENO OF CONSTRUCTION MANAGEMENT PLAN Page 12 of 12 i, sir > 71 hd- ks I sq r Lag w,. r j,y e`• r r Y 1J ikr., 3y i II1 ti i/ ' I' w a.t' r> _.... cy'!' 4:. 1.K'; u` Q4`"?. sv a^ 13 Exhibit "W Town Council Ordinance No. 9, Series of 2009 3 Insertion for - Development Agreement, outlining provisions for the community purpose space, the parking agreement (incorporating the amendment for the parking management plan adjustments dated May 11, 2009), and the employee housing commitment; DEVELOPMENT AGREEMENT TOWN OF SNOWMASS VILLAGE,COLORADO SNOWMASS CHAPEL,INC. FOR COMMITTING COMMUNITY BENEFITS AND EMPLOYEE HOUSING SNOWMASS INTERFAITH CHAPEL SUBDIVISION WHEREAS,on 200_,Snowmass Chapel, Incorporated,a Colorado Non-Profit Corporation, (hereinafter called "SCI"),filed an application with the Town of Snowmass Village(hereinafter called"Town"), pursuant to Title 16A of the Town of Snowmass Village Municipal Code,for Final Planned Unit Development Plan("Final PUD Plan"),a First Amended Plat of the Snowmass Interfaith Chapel Subdivision("Final Subdivision Plat")and rezone the property located at 5307 Owl Creek Road,Snowmass Village,CO 81615,as legally described in Exhibit A hereto(the"Property");and WHEREAS,the Snowmass Village Town Council has now considered the rezoning to MU- 1(PUD),the Final PUD Plan,and the Final Subdivision Plat for the Property;and WHEREAS, contemporaneous with the approval of the rezone of the Property to MU-1 and approval of the Final PUD Plan and the Final Subdivision Plat,SCI and the Town have agreed to enter into this Development Agreement(Agreement),the purpose of which is to more specifically set forth those obligations that shall run with the Property and bind successors-in-interest to such;and WHEREAS, the parties agree that this Agreement is the appropriate document to set forth those terms,conditions restrictions. NOW, THEREFORE, in consideration of approval of the Final PUD Plan, the Final Subdivision Plat, and the rezone of the Property to MU-1 and the promises, covenants, and agreements to be kept and performed by the parties hereto,it is agreed as follows: A. CONDITIONS AND SCI REPRESENTATIONS All representations of SCI regarding the Property, made in the application and in statements during the meetings and public hearings before the Town Council at which the Final PUD Plan and the Final Subdivision Plat of the Property was considered shall be considered conditions of approval. In the event it is determined by the parties that there is an omission in this Agreement or that this Agreement or any other agreement between the parties does not correctly address or include all representations of SCI,the agreement of the parties, or the conditions of approval by the Town, the parties shall execute an amendment to this Agreement or such other agreement as may be necessary to correct such omitted or incorrect matter. Snoumass Interfaith Chapel Development Agreement t RECEIVED JUL 2 4 2009 Snowmass Village Community Development 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 s. 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. fib) __ "SCI shall allow community use 20 hours oer week of the Formatted!Font: 12 at community rooms in the Community Center Building(Building 21 and 20 hours per week in the old sanctuary and related rooms(Building 11 on a parking available basis. SCI may Formatted:Font:1z pt allow additional community use depending on the availability of space and parking. c) ---SCI shall make the Community.Purpose Space available for-the---- -- Deleted:On a space available basis,SCI stated purposes during SCI's normal business hours Monday through Friday,each week shall allow community use up to 20 boon per week at the community rooms of the year. At the discretion of SCI,the Community Purpose Space may be made in the Community Center Building available to the public at other times,including evenings and weekend hours,as Building 2l and up to 20 hours per week in the old sanctuary and related rooms requested and as available. Building 1). B n 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. Snoumass folerji ith Chapel Development Agreement 2 3) User Fees and Insurance 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. COMMITMENT OF COMMUNITY PURPOSE-ORGAN SCI is committed to providing a Fisk Organ in the new Sanctuary It is recognized that Formatted:Font: 12 pt only the best-trained ears may be able to distinguish between the Fisk and other quality Formatted:Fant:12 pt performance organs. Due to economic and financial considerations.SCI may pursue Formatted:Font: 12 pt another organ with similar performance and acoustic qualities. Formatted:Indent:Left: 0- Formatted:Font: 12 pt D----PARKING AGREEMENT Formatted:Font: 12 pt Formatted:Font:12 pt 1) Lot 2A Parking Restrictions and Minimum Standards Deleted:c 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 Snowmass Interfaith Chapel Development Agreement 3 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. 2) Lot 1 Parking and Traffic Management petered: sashanprovlde za paa+ng spaces for AMC for stutlent and Huse between May 15 and September 1S. 9 a) Use of SCI's Facilities If 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 filll use of available parking. In other words, activities will not be scheduled in other parts of SCI facilities when"major activities" such as weddings,memorials,concerts,and worship service are being held in the new Sanctuary building.A"major activity" is one that will cause the Lot 2A parking lot to be filled to at least 80 percent capacity.This will ensure that there will not be other pressures on parking or traffic during Sunday services or at other times with the Sanctuary is in use. e 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,SQ will perform the following management _• f 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. Snosvmnar 1"lerfairh Chapel Development Agreensent 4 b. Provide personnel in the parking lots and along Owl Creek Road to ensure that traffic flows effectively and that no parking occurs on Owl Creek Road or in designated fire lanes. C. SCI shall notify the Town Police Department as soon as possible in advance of the activity to review management measures to be carried out by SCI.The Town,at its discretion,may require other temporary measures to be undertaken for the event. d. Following the event,SCI will review the parking and traffic management measures with the Town Police Department to determine the effectiveness of each measure and determine if other measures should be used In the 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 u'se expectations,identifying to the extent possible the manner in which the facilities will be used and the estimated parking needs. SCI will identify possible unusual parking situations that might exceed parking lot capacities and solutions for managing the anticipated parking short fall. iii) SCI will coordinate weekly schedules as necessary with ARAC during the year to monitor and refine schedules and accommodate needs and activities of both,as well as with the parking needs associated with the Community Purpose Space. c) Coordination with Town Required i) SCI shall notify the Town of Snowmass Village Police Department in advance of major special events that will exceed the capacity of the available parking areas. Snorvmass Interfaith Chapel Development Agreement 5 ii) In an unusual circumstance,when parking conditions will be inadequate,SCI shall determine alternative parking locations and transportation alternatives to and from the Property. SCI shall review its plan with the Town Police Department before the event. If it is determined that parking demand could result in congested conditions on Owl Creek Road and at the Owl Creek-Brush Creek Road intersection,SCI will provide an appropriate level of traffic and parking management/control and/or van service to minimize such condition.SCI may negotiate an agreement with the Town for temporary service by Town buses as needed. d) Alternative Parking and Transportation Arrangements Required 0) 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 with CI or at its discretion a third party Valet Deleted:with Parking Service. A fee may be charged by kf 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 an 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 SCI and the Town will work together to minimize impacts to roads and emergency access to the site off-site within reason. e) Parking Lot Management Required 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. Sna%mass Interfaith Chapel Development Agreement ii) There shall be no overnight parking except as available for designated residential uses or without the permission of the SCI. iii) SCI will cause vehicles to be towed from the Property that it determines to be abandoned or illegally parked. iv) No camping or motor homes or vehicles intended for sleeping shall be left in the Parking Lot without prior consent of the SCI. v) SCI shall prohibit the storage of trailers, boats and other s. 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. Contingency Plans Formatted:Font mlor.Rea r lal SCI will conduct a-monitoring and evaluation program for the two Fern ttea:Indent:Lett: l" years following the completion and occupancy of the new SCI Formatted:Font color:aed 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. Snowmaw Interfnith Chapel DevelopntenrAgreemenr SCI and the Town will agree on the specific mitigation requirement at that time,but which will generally include: f i), SCI will contribute to the Town an amount sufficient to Deleted:a. cover the ridership impact on the Town's transit system Formatted:Font mior:Red_ created by inadequate parking;or ii -- SCI will both purchase and maintain a van service to Deleted:b. reduce parking demand.Formatted:Font mior:Red b) Following the completion of the monitoring and evaluation Formatted:Indent:Left: 1" program,SCI shall either provide the appropriate additional mitigation or, if it is determined that the parking-adequately - -- - ----- Deleted:i meets the needs of SCI Jhe mitigation requirements will be Deleted:, considered satisfied. Formatted:Font mior:Red SeparationofParking-------------------------------------_-- 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 Property,subject to the Parking Lot Use, Maintenance and Improvement Agreement, as it may be amended from time to time. EMPLOYEE MOUSING COMMITMENT Deleted:o 1), SCI shall provide and maintain an employee housing unit on the Property. The housing unit shall contain 620 square feet, including cooking,sleeping and living areas. 2) The employee housing unit shall not be divided from other facilities or spaces on Lot 1, First Amended Plat of the Snowmass Interfaith Chapel Subdivision,to create separate ownership of the unit without approval of the Town. 3) Because of the connection of the employee housing nkittoother __ Deleted:.n It r, facilities owned and operated by S"O it shall reserve the right to rent or provide the U_n_it_-_- Deleted:sa, 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. Snowmass Interfaith Chapel Development Agreement 8 4) If SCI fails to fill the housing in accordance with this Agreement after 90 days of a vacancy,it shall allow the Town the right to place an eligible person in the unit for a period of up to one year subject to compliance with the Town's Restricted Housing Guidelines, all of the requirements set forth herein,and any standards established by SCI for the occupancy of the unit,including but not limited to noise and decorum that are incorporated into a License to Occupy or lease agreement with the tenant of the unit. 5) SCI agrees to establish a deed restriction on the employee housing unit consistent with the intent of this Agreement prior to the recordation of the First Amended Plan of the Snowmass Interfaith Chapel Subdivision. Fr___ GENERAL PROVISIONS oelecee:e 1) Severability. Whenever possible, each provision of this Agreement and any other related documents shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such subsection or document. 2) Town Incurs No Liability. The Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the Property specified in this Agreement; nor shall the Town, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of the use of the Property, but all of said liabilities shall be and are hereby assumed by SCI. S) 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, Snowmats Interfaith Chapel Development Agreement 9 employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 6) Enforcement. At its sole option, the Town may enforce the provisions of this Agreement and of any applicable restrictions and covenant in the same manner and with the same remedies applicable to the enforcement of land use regulations pursuant to the Town of Snowmass Village Municipal Code, as they may be amended from time to time,or as otherwise provided by law.Alternatively,the terms of this Agreement and of any applicable restrictions and covenant shall be enforceable by the Town Council or its designee by any appropriate equitable or legal action, including but not limited to specific performance, mandamus, abatement, injunction, or forcible entry and detainer. The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies provided by law. Should the Town prevail in any action to enforce this Agreement,the Town shall be awarded its court costs,its attorneys'fees and an amount to compensate the Town for the time of its employees or any experts in the preparation of and/or participation in such action. 7) Waiver, In executing this Agreement, SCI waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the Town to impose conditions on the SCI as set forth herein or in the other documentation being executed contemporaneously, and concerning the procedure, substance, and form of the ordinances or resolutions approving the Development and adopting this Agreement. 8) Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid,certified or registered mail,return receipt requested. Address for 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_ Snowmass Interfaith Chapel De elopnrentAgreemenl 10 THE TOWN OF SNOWMASS VILLAGE By: Bill Boineau,Mayor date) ATTEST: Rhonda B.Coxan,Town Clerk SNOWMASS CHAPEL,INC. A COLORADO NON-PROFIT CORPORATION By. date) STATE OF COLORADO ss. COUNTY OF PITKIN 11 The above and foregoing document was acknowledged before me this day of 200_, by Bill Boineau, as Mayor for the Town of Snowmass Village and by Rhonda B. Coxan as Town Clerk for the Town of Snowmass Village. Witness my hand and official seal. My commission expires: Notary Public Snowmass huerfar(h Chapel DevelopmealAgreemenl f 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 Snmemass Interfaith Chapel Development Agreement 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. s- Lot 2A Lot 2 First Amended Plat of the Snowmass Interfaith Chapel Subdivision Replat A, Deleted:,Firsst according to the Plat thereof recorded 200_in Plat Book_at Page_as Reception No. Snowman Interfaith Chapel Development Agreement 13 EXHIBIT"B" LOCATION OF COMMUNITY PURPOSE SPACE s- SnoNmass Interfaith Chapel Development Agreement 14 Community Purpose Space Location b X p rr u•• r I I I 4 I / Areas within which Community Purpose Space will be located Existing Chapel Et f Community Center SNOWMASS Lower Level Floor CHAPEL August 21, 2008 w' scale: Ye' = 1'• 0' G Community Purpose Space Location xa r l Community I Purpose Space DE t ca N v4r 0 Areas within which Community Purpose Space will be located Existing Community Center SNOWMASS Upper Level Floor Plan CHAPEL August 21, 2008 scale: Ysa = j-_ O';; u 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 Tpyoq of A Snowmass Village, Colorado (the "Town"). 1l ll 1ltt RECITALS AND DEFINITIONS IJUL 0 8 2009 Snowmass village A. The Town approved Ordinance No._, Series of 200. granting approval of GrMun4 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 employeefor 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. SECTIONS 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 Mnal PUU Plan July 20,2009 EXHIBIT A UNIT DESCRIPTION s- Snowmass Chapel Final PUD Plan July 20,2009 SIOIE.. MAP OF: ON-SITE E.H.U. LOT 1 SNOAMASS INTERFAITH CHAPEL SUBDMSION ACCORDING TO THE LOT LINE ADJUSTMENT PLAT RECORDED AS REC. NO. COUNTY OF PITEIN STATE OF COLORADO SHEET 1 OF 1 EMPLOYEE HOUSING UNIT TRACT 41 s N ' LOT I AS SHORN ON LOT TRACT,421 n 49¢9" LINE ADJUSTMENT PLAT, SNOWMAS SUBDSION CHAPELM F i EXISTING CHAPEL P TIE TO BUILDING CORNER) ,54N87'34'56" W 7 30.67' 0 0.64" ro b AREA = 647.54 SQ. FT 1.45' EXISTING BUILDING y 9.12' CORNER ro 23.24 0 SNOWMASS CHAPEL 15.74 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 602 MAIN STREET, SUITE AS CARBONDALE, COLORADO 81623 870) 704-0311 28D89 12 1 De FUD—UI.DMG Exhibit "F" Town Council Ordinance No. 9, Series of 2009 3 Insertion for - Vested Property Rights Development Agreement DEVELOPMENT AGREEMENT TOWN OF SNOWMASS VILLAGE,COLORADO SNOWMASS CHAPEL,INC. FOR VESTING OF PROPERTY RIGHT REC P``—CL`DSNOWMASSINTERFAITHCHAPELSUBDIVISION THIS DEVELOPMENT AGREEMENT(this"Agreement")dated as of 200_is JUL 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 jnO jV D velop =corporation (hereinafter called"Town"). II'Ii1lUflily 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 2002(the"Ordinance"); Deleted: _ jDeleted:_ 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:front:Century uses on the Property in accordance with the provisions of the Ordinance for the Schoolbook a at,Italic period described in Section 13 below.Formatted: normal Formatted:Pont:Century Schodbook 9 pl,Italic Ch,v,l Fiud PUD Plan duk.°i0.."00:1 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 24-66-105 of the Colorado Revised Statutes. 1.2 Condition Subsequent to Continued Existence of Vested Property Rights. a) SCI has committed to provide certain community benefits and facilities as agreed to in the Ordinance on the Property for the benefit of the community pursuant to the terms of to the terms of the following agreements(collectively,the "Other Agreements") i) The Snowmass Chapel Incorporated Development Agreement for Committing Community Benefits and Employee Housing,Snowmass Formatted:Font:Century Interfaith Chapel Subdivision,dated effective as of Schoolbook,a pt,Italic 200_between SCI and the Town; Formatted:normal Formatted:Font:Century Schoolbook,8 pt,Italic 4nuuv"ass Chaad Fit d PUD Plan Jul,20.01109 ii) Subdivision Improvements Agreement for the Snowmass Interfaith Chapel Subdivision dated effective as of 200_ between SCI and the Town. . b) The continued existence and duration of the Vested Property Rights recognized in this Agreement is subject to the condition that no Material Default by SCI shall occur. If a Material Default shall occur,then,as provided in Section 16A-5-90(c) of the Town municipal code,the Vested Property Rights shall be forfeited. For purposes hereof,"Material Default"shall mean a failure by SCI to perform any of its obligations under any of the Other Agreements or the Ordinance in any material respect that remains uncured after the expiration of any applicable cure period as such default is conclusively determined by a court of competent jurisdiction in a final, non-appealable judgment or order. 1.3 Duration. In consideration of SCI's performance of its obligations undertaken in the Other Agreements and in recognition that SCI must undertake fund raising from private contributors and the time and expense required to complete the development of the Property and the effect of varying economic cycles and market conditions,the Town has concluded and agrees that the Vested Property Rights shall be vested and continue for a period commencing on the date hereof and expiring on August 5 2019(the"Vesting Period"). Unless expressly provided to the contrary Deleted:20 therein,the Ordinance and any modifications and amendments to the Ordinance or any other Deleted:0 material related to the development of the Property shall become part of the Vested Property Deleted:omember 31,2019 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:cenary hereunder shall be forfeited as provided in Section 16A-5-90(c)of the Town municipal code. suwolbrok a of[taiic Formatted:Normal 2.2 Default by the Town. formatted:Fonh Century srnowhook,a Pt,Iblic Swu map.C}{I del Final PUD Plan duh 39 aaav 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 Formatted:Font:Century Agreement shall be construed as covenants running with the land benefiting and burdening the Schoolbook,8 pt,Italic Property or any applicable portion thereof,and it is the intent of the parties that such benefits, Formattea°rvo mal burdens,terms,covenants,agreements and conditions touch and concern such property. Formatted:Font:Can u y Schoolbook,8 pt Italic J. lul..:o,:nny 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. s 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 Fomlatted:Font:Century Schoataok a pt,Italic If any provision of this Agreement shall be invalid,illegal,void or unenforceable,it shall Formatted:Normal not affect or impair the validity, legality or enforceability of this Agreement or any other Formatted:Font:century Schoollrook a P4 Italic i A hawl R.al PUD Man Jutr 20 200!I 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. s- 4.7 Termination;Amendment;Waivers. This Agreement may not be terminated,modified or amended,nor may waivers hereunder be granted,except in writing and only with the consent and approval of SCI and the Town. 4.8 Notices. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to Town: Town of Snowmass Village Community Development Department 16 Kearns Road 5nowmass 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:Font:century Schoolbook,8 pt,Italic Formatted:Norma! 4.10 Captions and Titles. Formatted:Font:Century Schoolbook,8 pt,Italic Sn miasaChagcl F'inut PUD Plan did"20,200.9 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 Schwilawk,8 pt,Italic date) Formatted:Normal Formatted:Font:Century Schoolbook 8 pt,Italic i Snpu-niass Chapel Final PUU Plan dul'..?rl 3pa4 STATE OF COLORADO ss. OOUNTY 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 s, 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,a pt,Italic Formatted:Normal Formatted:Font:Century sd,00lbook a pC Italic Sn,m iaca Chapel Final PUD Ron Jut,.20 21104 Exhibit "G" Town Council Ordinance No. 9, Series of 2009 s. Insertion for - Buildout Chart revision SNOWMASS VILLAGE BUILDOUT LAND USE ZONING OF DWELLING UNITS COMMERCIAUOTHER 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 Stonebrid a vwv MFR MFR SPA- 1 91 1 91 1 102 0 0 B39 Stonebrid a Inn ww MFR MFR " SPA- 1 95 8 95 8 114 2682 2682 B40 SVRA Pool Facility ww REC 0 0 0 0 0 2336 B41 Tamarack IWW MFR MFR A-1( CC- PUD) 36 0 36 0 40 0 0 B42 Terracehouse ww MFR MFR SPA- 1 29 1 29 1 33 0 0 B43 Timberline ww MFR MFR SPA- 1 96 5 96 5 112 0 B44 Top of the Village ww MFR MFR SPA- 1 111 0 111 0 123 0 B45 ITop, 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 Lode ww MFR MFR SPA- 1 146 10 146 10 172 B48 Willows, Center ww MFR MFR SPA- 1 40 0 40 0 44 0 0 B49 Willows, Lower WW MFR MFR SPA- 1 24 0 24 0 27 0 0 B50 Woodrun Place ww MFR MFR PUD 54 1 0 54 6 60 0 0 B51 Woodrun V( Parcel 7)) ww REC MFR PUD 0 0 0 0 17 0 B52 Woodrun V( Tract E) ww REC REC PUD 0 0 0 0 0 5000 B53 Woodrun V Townhomes ww MFR MFR PUD 45 0 45 0 45 0 1588 324 1588 357 2593 EAST WOODBRIDGE 654 Anderson Ranch ew PUB PUB PUD 0 16 0 26 26 48654 55110 B55 Deerbrook ew MFR MFR SPA- 1 15 0 15 0 15 0 0 B56 Faraway North( Woodbridge) ew VACANT . MFR SPA- 1 0 0 0 0 30 0 0 B57 Faraway South Parcel K ew VACANT MFR SPA- 1 0 0 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 1 0 1 0 0 0 1 0 13500 B62 Ride ew MFR MFR PUD 36 0 36 0 36 0 0 B63 Ridge Fast 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 Jew 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 to 0 7— 16 13692 17000 B70 Wildcat BUM ew 0 0 LAND USE ZONING OF DWELLING UNITS COMMERCIAUOTHER G I 6129/ 2009 Page 2 buildout complete revised Exhibit "H" Town Council Ordinance No. 9, Series of 2009 3' Insertion for - Outstanding comments dated April 22, 2009 from the Town Engineer. i fl Ili SCMMUESER I GORDON I MEYER GLENWOOD SPRINGS ASPEN CRESTED BUTTE EN 0 1 N E E R 5 6 SURVEYORS I I a W. 6TR1 sure 200 P.O. BOX 21 55 P.O. BOX 3068 t I OL&MO'JB 10081501 ASPENS CO 81612 CRESTED BUTTE, CO 9 1 224 f I i 970-945-1004 970-925-6727 970-349-5355 I7 JI FX: 970-945-5946 m 970-925-4 157 m 970-349-5358 MEMORANDUM I I DATE: April 22, 2009 TO: Jim Wahistrom, Senior Planner iimwahtsttomCa tosv.com i FROM: i Dean Gordon, Town EngineeriRichardGoulding, SGM I I I RE: Snowmass Chapel Final Plan Application I Please find herein my comments on the above-referenced application. I will use my previous i 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 30'h 2009: My comments on the Traffic Plan are deferred to the Town's traffic consultant for items 1 and 2. Items 3, 4 and 5 have been addressed. Item 6 has been addressed in the March 30'h,2009 package by a memo from Sopris Engineering Item 7 concerning guardrails has been addressed by removing the guardrail detail from the previous application and including a poured concrete wall detail. This form of guardrail is satisfactory. Item 8 has been addressed in a letter dated May 23, 2005 from Applicant's engineer. A Nyloplast sand/oil filter will be installed in the inlets to address water quality issue from runoff in the paved areas in front of the new structure. Item 9 with respect to on-site culverts; the onsite 12" culvert has been eliminated from the design. Items 10, 11, 12 and 13 have been addressed. Item 14 and Item 15 have been addressed by a supplemental version of the Applicant's report entitled, Brush Creek Impact Report, dated September 29, 2005. 1:1199IW1004ZPhau18-Sno uChapOU-22-09mvisedmemo1a WahlsWm.dm I j I I Additional Comments The plans are labeled bid documents which is acceptable but they need to be stamped for both structural and civil if this is a final submission. The applicant has agreed to stamp the final drawings I j I 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 T6e runoff from the curb and gutter on the bridge drains directly in the creek with no 3- erosion control. Rip rap could be added to mitigate the runoff. I 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 t 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 SHIM 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 T 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. IA1991MOOME1Phese 18-Sno,mass ChapeM-22-09 revised mom to Wahlstrom,doc 1 I t The response is acceptable and more detail is to be added to the stamped set.1 I i i L i i I t I Please call if you have question if you have any questions on the above comments i Iit I 1 RBG I 1 1:11991191MOPhese 18-Soowmess ChepeM-n4tt)revised memo 10 Wahlstmm,dw Exhibit "I" Town Council Ordinance No. 9, Series of 2009 3. Insertion for — Drawing illustrating snowmelting system to be exempt from mitigation requirements per waiver provisions in Ordinance No. 11 , Series of 2008 MIR FR Maim saa.,,.«.. tee_RECEIVED JUL 08 1009 C. OII11M91NY mrdy e5 vuuye Develognem 0/ !/ o. NOT FOR CONSTRUCTION j// J_. ®.. vim\\ \ •'^' I yy momma a.. o. MEMORANDUM TO: Snowmass Village.Town Council FROM: Planning Department DATE: August 3, 2009 (Note: Same report as on 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. Ill. 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 Previously Issued Handouts (at the July 20'" meeting): Latest 11" x 17' size subdivision exemption plat drawing. 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 Io 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 50 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 line 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 80 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 91 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. 108 109 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 119 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 RURO OR OF MR AI IfNB ADNSTID. LOT 1, SNOWMASS INTERFAITH CHAPEL SUBDIVISION AND PARCEL 10 THE SNOWMASS CLUB PHASE I AND II REPLAT I A PARCEL OF LAND SITUATED IN SECTION I TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6th P.N- COUNTY OF PITKIN, STATE OF COLORADO I OF 2 J` 1 h r_... m n.. a - i::' '• Ali:' $` I. y1{ tir 1 ' y i'^'- 1• •.,; Cr 117, w( 1.. rC. w s' s7r^...:' r' 6: 17 1 ra f•.- wr mmwaw ur... r. oa m"0' arY° i+ n6a. r I Af > IOVaC N•I w4 i nrr' n., 41 ti'. ON A I ' a asau uua msm TRACT 41 a.. wwrwr . u_ r 4IPI0 an. up GT671rwG- 1Y Y•. w i` wi wig wr. u% rir' rr r 6d bNMO. OM Ta, cT se RECEIVED s TRACT) cRAVmc s_ AUt r APR 24 2009 w. w... _ TRACT u. rv. w vl SOPRIS ENGINEERING nvD, coRSULxAxn saz LAD! smasr. suns Ai Gc CARBONp. UF. COLORADO 81029 r Z; oI aged 6002; o sauaS' yi ' ON uoi; nlosaa li:) uno:) umol V, l I! q! 4x3 SnDMSION ON MR A IUT/ Sis ADNST1tENi: LOT 1, SNOWMASS INTERFAITH CHAPEL SUBDIVISION AND PARCEL 10. THE SNOWMASS CLUB PHASE I AND I1 REPLAT A PARCEL OF LAND SITUATED IN SECTION 1 TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6th P. M. COUNTY OF PIMN, STATE OF COLORADO rcr- ate Ir OR ri V O MuAm u/.' MWN/l l SOPRIS ENGINEERING - LLC CD'. CONRUUlIAT9 602 WD!ALZ. COIX. suns M CARBDN( m) COIX' s1621 faro) ra- w i MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: August 3, 2009 (Note: Some report as on 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. Ill. 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: Town Council Resolution No. 15, Series of 2009, with exhibit Separate Handouts Previously Issued (at the July 20'h meeting): Latest 11" x 1 T' size re-subdivision plat. 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. 31Page 1 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, I 1 TOGETHER WITH THE RE-PLATOF LOT2A OFTHE 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 January26,2009 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 iii 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 20th 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 Exhibit " A" Town Council Resolution No. 15, Series of 2009 Page 1 of 5 G'. 918 IXIVNOl0. 1 ZT' ONOBNI' J LS'`""" e _ moy" SL\ Yl' lI1S\ W IINJ Ala 6001 go IT if 7: v f F< ZFAM J y e. { 1 YS { r I r... .... ma °. wyovye a........ na.. r..,.. r...• cw Y , { I. I Y' arvrvv= rs_ s wvi_ wnu^ rin" Nw m wmv. rwerv ue aa_,_ n.n.. rwm•- _ r .. a. w.. 00.. r er.._ rr n. wa. es,^° Om ai wro. o. rrsrm. er. nem_ n. m.m. xw:. rrs_. naam. OnV801103 20 3d. VIS '. NI.Y. IJ d0 .{. L.. W100 ' S' t IYdIOFS . 40 . V, mox ICJ oo? 3H. 1. JO JS3. 41 99 30NVH ' 14100S Ol 11HaMMOI I NOLLJ3S . 10 ° jqd ; AH. 1. NI O3. LV( 1. LIS ( 1NVI JO ' 1, 7JNVd V I, O I t, IiClIllS 7, r4dVHJ H. 1, 1b17c I IT1:( Sb ih40; A Lr 111+ TcI ( 1 C7, Il b CIh' C); JI cnZ S @; CO, ll.._ 1RE; tiD ; ll__ Siti' 01Nib1!, 5 1 1'l ' RH_ I_1' H CH 1Y1` i,_ , U 3OMSM-N h A PARCEL OF LAND SI' T' UATED IN THE NE% OF' SECTION 1 z y TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 8lh I'.\ 1. Q . 0 r I' 08' N OF' SNOWMASS, COUNTY OF PIT6IP, S" PA' i'E OF COLORADO O WXT2WR O l' NNT L: svffvn 20 60UR1] ANI MAIL I to L ' Z G ro 1'ai¢ ri° nrasriert rur Z d ew. rur cu.+ roue I m o rmur X F t z ^°. I 0N I C9 R1fT 1, { T TRR r] rp WTi IdWn9TT M 1/ 0,11 anmwu v awn pu la.rll uua) uiaµ i. cra4.___ as W1° IJN WfL I d` iuiarn, ru arx m om aaTlua nlf6uM auv¢ a, mmmv asur' Carta I Irzr c swrwv ur,. r..... a mra, rus, l ° ql zi S soru r mar r,ue RECEIVEDJUL 08 2008 1 JQ& M$ e". dje II ao2 a sre m14A rs CM90A'( M) M- Mil BIL] SECOND A:' yl ' NDE; D PLAT SNOWIMASS INTERFAITH CHAPEL SUBDIVISION h A PARCEL OF' LAND SITUATED IN THE NO/, 01" . SIXTION I TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE 60 P.N. TOWN OF SNOR' MASS, COUN' T'Y OF' PIMIN, S'T' ATE OF' COLORADO SH , T3 of- 5 SIIEDT 3: GU W' STING I &% 7 VACAMN DETAIL AND KOMi ail I CI Tuna c A t1I . at d{r"°.n'.// r \ cd f} i - e.• REC1i. 3v IGD JUL 08 2UU9 1 lbmm, m:N pzvclpp; nt: I SOPRIS ENGINEERING - LLC T CML CDVM Stop E02 dWY b1HF.' LT, S A] C a AREO DAIE, fOIOEADO IE!J rt.o®. ri='•' ii:°e^ tn'.... V—.. aal '/ w- ml I FiW: ECOND AMENDED :' L 1TS_?? OWMASS INTERFAITH CHAPEL SUBDIVISION 9 A PARCCL OF LAND SI' T' UATED / N THE NO' OF SECTION I TOWNSHIP 10 SOUTH, RANGE 86 RE3P OF THE 6th P. M. T' OR' N OF SN06' MASS, COUNTY OF' PI' 1TIi\, STATE OF COLORADO sear rn(_ SH{: M" is R" ANIEC ANU nee SU MM90K E EUFNA I 1 nr. T N I O I I y It L c Z a X c iw "• yr v a iii J... _.-*- •' /' 1.n. / i , 4 r.® mmr. e= . un° oaru e+ uv. rrrrsuinuass e'< Hormwi 6 JE En:. J RECEIVEDJUL 08 2009 l: ornfin. Tlib Deve! OOmen: Gf1APXK OPRIS ENGINEERING LLC v 505 b.U.\' STREf. T, LIRE. vi y ON-' re" WRORMIR. WIPUM RI0." J SECOND ANIENDED PLAT SNOWMASS 1--` TERFA1T11 CHAPEL SUBDIVI,, 31011v, A PARCEL OF LAND SI' T' UA' T' ED IN 111E NOV, 01' SECTION I TOWNSHIP 10 SOUTH. RANGE 86 WEST OF THE 6( h P.M. TOWN Of' SINOWMASS, COUNT) Of' I'll- KIN. STATE () I' COLORADO SMFX l6 M.- MAINING AND NM scxunvan CAs MPWM A r 1-2 0 ov; em. 0 0 r z x C) w c Lu 0 qw0- ME RECEIVEDJUL 08 2009 DATAM D" ftmal v. 0 S E NGIXEERING LLC PRL Mm MIMLTANM N SUITE A:1 CAAMNONEW4 col a.= 112, AA& 9 TO: Snowmass Village Town Council FROM: Rick Griffin, Chairman of the Town of Snowmass Village Advisory Board RE:Report on Capitol Projects from the Financial Advisory Board DATE: August 3, 2009 On behalf of the Financial Advisory Board, we appreciate the opportunity to review the capital projects recently undertaken by the Town of Snowmass Village. We respectfully request that the Town Council direct staff to do the following. 1. These recommendations need to be prepared in a form by staff for the Town Council to adopt, so they will be incorporated into all future capital projects undertaken by the Town of Snowmass Village.. 2. These recommendations need to be incorporated into the Town projects presently in the works, ie. Rodeo Place employee housing, finishing of the entryway revitalization, road improvements including future roundabouts, as well as projects being developed and those in planning stages. Off: 970-923-5800 Cell: 970-379-5800 email: Rick @RickGriffin.net TOWN OF SNOWMASS VILLAGE FINANCIAL ADVISORY BOARD FINDINGS AND RECOMMENDATIONS ON FINANCIAL MANAGEMENT OF TOWN PROJECTS At the direction ofTOSV Council, the FAB has reviewed the financial management of the Town Hall, Entryway and Rodeo Place Housing projects in order to determine how to improve the financial process of future Town projects. The FAB's review and analysis could not have been accomplished without the enthusiastic participation and cooperation of Russ Forrest, Town Manager, Marianne Rakowski, Finance Director, Hunt Walker, Public Works Director, and Jason Haber, Economic Resource Director. These Staff members patiently reviewed the history of each of these projects for the FAB members and were proactive in helping the FAB reach its findings and recommendations. While acknowledging Staffs indispensable assistance, the FAB, and not Staff, has prepared the findings and recommendations of this report. The FAB wishes to note that the Town Staff in executing these projects never acted without Council's authorization and that Council's decisions were usually based on Staffs recommendations. The Town's three capital projects have resulted in the Town having a fine new Town Hall, an excellent Town park with a superb recreation center including several pools, a gym, climbing wall, and exercise facility, and nice single family housing intended for 29 young families. These projects have cost in each case substantially more than originally anticipated and as a consequence have imposed on the Town (except for the Rodeo Place Housing) a continuing operational cost or financial burden to be borne by the taxpayers. Based on its review, the FAB submits the following findings and recommendations. Town Hall The Town Hall project grew from an original budget figure of$3.65 million in 2004, to a revised estimate of$6 million in 2005 including furniture, fixtures and technology systems (FF&T), to a revised estimate of$9.089 million in 2006 including $1.095 million of"soft costs including FF&T," to an ultimate project cost of$9.807 million by the end of 2008. In November 2005, Council used the $6 million estimate to ask voters to 1 approve a general obligation bond to construct the Town Hall. After this proposal was defeated, Council asked voters in 2006 to express their preference between COP and general obligation bond financing of the Town Hall, with the voters choosing COP financing. The FAB finds a number of factors resulted in the escalation in the estimated and actual costs of the Town Hall. These include: I. While the early estimates were provided by an outside consultant (the Z-Group Architects)they were based on Z-Group's analysis of current and projected Town operations, staffing levels and facility needs, but not on any actual design drawings. 2. The 2005 estimate of$6 million was based on Z-Group's revised estimate of construction and design costs prepared with only conceptual design drawings and Staff s estimate of FF&T. The estimate included a contingency. As it was prepared without adequate design drawings and based on a generic building, it was unreliable. 3. The scope of the project changed substantially from 2005 to 2006 with the building increasing from 15,800 square feet to 19,755 square feet and the parking garage increasing by about 33% in area. In addition the site of the building was moved to the draw site, a more difficult site for construction. 4. The 2006 estimate was based on some actual architectural plans (about 60%of the total) and was prepared by a professional estimating firm, Parametrix, Inc. Staff, rather than Parametrix, estimated the soft costs, FF&T and contingency. The reliability of Parametrix' estimate was shown when the Town was able to obtain a Guaranteed Maximum Price Contract for the estimated cost of the building by itself. Staffs estimate of the soft costs, FF&T and contingency proved unreliable (see item 5.) 5. After construction began, project change orders, project redesign, and Town caused delay increased the hard building costs by about $340,000 (about 5%), but soft costs , including FF&T increased by 45% to $1.6 million. 6. Neither any estimate nor the total cost of the Town Hall includes the cost or value of the land. 7. There was a perception in 2005 that the Town would not be able to continue indefinitely its lease on its existing offices in the Snowmass Center resulting in a compressed period to design and build the new Town Hall. Due to the pressure of other Town business and Staffs shortage of personnel experienced in managing large capital projects, Staff was unable to devote sufficient time of qualified personnel to manage the project. Overall, the project appears to have been rushed, and not entirely because of the inability to renew the Town's lease, as evidenced by the decision to go to voters without a reliable estimate (which would likely have left the Town with a shortfall in available funds), the substantial change in size of the building and the unreliable estimate of FF&T. 8. The Town Hall planning process, with input from several committees, appears to have been driven primarily by a determination of what building architecture, specifications, facilities and features were necessary or desirable rather than being based on the maximum price the Town wanted to pay. While financial 2 projections prepared at the time indicated that future General Fund Budgets could sustain the substantial additional fixed cost of servicing the COP financing of the project, the Town Manager acknowledged that in an economic downturn these fixed costs would require other reductions in the General Fund budget, including layoffs and essential service cuts. Entryway Project The Entryway Project includes the Recreation Center, Pool and Gym (collectively the Rec Center") as well as the Transit Center, Visitor Center, parking lot improvements, roundabout, relocation of Horse Ranch drive, basketball, tennis and volleyball courts, Skateboard Park, playground and substantial park, landscape and trail improvements (in this report, everything but the facilities making up the Rec Center are referred to as the Entryway"). REC CENTER The Rec Center grew from a 2000 plan for several pools and related facilities estimated to cost$2.230 million, to a 2005 plan for the pools, fitness center and a small gym, estimated to cost $5.979 million, of which the gym was estimated to cost $1.5 million. The pools were funded with a $2.23 million GO bond issue authorized by the voters in November 2000, plus a $1 million contribution from the Base Village Developer in 2004. Although the May 2005 estimate of the total cost for the pools, expanded fitness center and Gym was only $2.586 million more than the funds then available for the project, the voters were asked to authorize a$3.1 million GO bond for the expanded fitness facility and Gym in November 2005. Without waiting for either complete architectural drawings or voter approval of the bond offering for the fitness center and Gym, the Town hired a contractor who began work on August 15, 2005 on the excavation and foundation for the facility. At the end of November 2005, construction drawings were completed and the contractor already working on the project submitted a Guaranteed Maximum Price for the project in the amount of$7.975 million, or $1.221 million more than the amount of money provided by the two bond issues and the Base Village Developer's contribution. Presumably some portion of the excess of the Guaranteed Maximum Price over the funds available was attributable to the Gym. 3 TOSV Council in January 2006 rejected Staffs proposed options to reduce the cost of the project by $700,000 and authorized use of$1.221 million of RETT funds to complete the project. In May 2006 Council decided to postpone the Gym and directed Staff to reserve $1.5 million from the 2005 Bond issue (the original estimate to construct the Gym) leaving 6.475 million to fund the remainder of the project. (As only the original estimated cost of the Gym was reserved, Council thus built in to the funding for just the fitness center and pools the entire excess of the Guaranteed Maximum Price for the complete facility over the total funds available.) The final cost of the fitness center and pools was $6.931 million or$455,854 more than the revised funding available for the project, and $2.452 million more than the cost estimated in May of 2005. During the winter of 2006/2007 the Recreation Department Staff surveyed Recreation Center members about what they would like in a new Gym. The survey revealed that members wanted the gym to include a middle school size basketball court (larger than the 2005 proposal that Council authorized), and a separate exercise room. Based on this survey, in April 2007 Staff presented Council with two options: one option was for a Basic Gym with a 5,040 sq. ft. basketball court and volleyball court costing $2.138 million; and the second was for an expanded gym including 8,790 sq ft with a basketball court, volleyball court, storage room, climbing wall and exercise room costing $3.257 million. Council selected the expanded gym and authorized funding with available RETT funds plus the $1.5 million reserved from the 2005 Bond issue. The final cost of the expanded gym was $3.758 million, $500,000 more than the April 2007 estimated cost and $2.2 million more than the original concept was estimated to cost. The excess was attributable to various changes (additions net of reductions) identified during the design process. One addition of$178,000 was for an HVAC system that would produce annual heating cost savings of$23,700 which was estimated to pay back the additional cost in 7.5 years. The total increase of actual costs over the April, 2007 estimate was provided by available RETT funds. Projections of operating costs of the Rec Center prepared during the design process showed a deficit of less than $100,000 yearly. The actual operating deficit in 2008, excluding any allowance for depreciation of capital assets or a sinking fund for major capital replacements, e.g. a new roof, refurbishing the gym floor, replacing exercise equipment, etc., was in excess of$500,000. The FAB finds that the following factors contributed to the actual or apparent growth in costs of the Rec Center: 1. The delay in beginning construction of the pools from the November 2000 approval of the Bond issue until August 2005. 2. Going to voters for approval of Bond issues for the pools and the expanded fitness center and Gym with unreliable estimates of the costs of these facilities, that is 4 estimates prepared without adequate development of the scope of the projects and without adequate construction drawings. 3. Beginning construction of the Rec Center in August, 2005 without complete architectural drawings and without either a reliable estimate of cost or a Guaranteed Maximum Price Contract. Thus the Town committed itself to the project without knowing whether the project was cost effective in design or whether there were adequate funds in the RETT budget to enable the Town to pay for the project. Further, it gave the contractor an advantage in pricing the job on a sole source basis. 4. By reserving only $1.5 million for the Gym when construction of the Gym was postponed in 2006, and thus allocating the entire excess of the Guaranteed Maximum Price contract over the prior estimate for all three items to the fitness center and pools, the Town effectively permitted an increased price for those two items. 5. The ultimate cost of the Gym, $3.758 million, over the 2005 estimate of$1.5 million, reflected not only an increase in the costs of construction from the 2005 Bond approval until actual construction began in 2007, but also the substantial increase in the scope of the project from the gym which was the basis for the GO Bond issue approved by the voters in November 2005 to an expanded gym with a climbing wall, exercise room and storage room. The increased scope was driven by Staff and users of the Rec Center and the apparent availability of RETT funds based on projected budgets that assumed no risk of economic downturn. 6. The FAB recognizes the merits of the decision to invest in a more efficient HVAC system where operating cost savings will repay the additional capital costs within substantially less than the useful life of the system, but believes such decisions should be based on the time Yaluc of money (i.e. reduce the future operating savings to present value to determine the payback period.) 7. The planning of the Rec Center failed to reliably estimate the cost of operating the Rec Center. As a result the RETT budget is burdened with increasing operating deficits exceeding $500,000 per year, limiting availability of funds for other uses such as transportation structures in the vicinity of the mall, transportation equipment, landscaping and road repair, and effectively reversing the priority given these other uses in the ordinance. 8. Neither the estimated nor actual costs include the value or cost of the underlying land. 9. Overall, the project was begun with undue haste, resulting in significant excess cost to the Town. ENTRYWAY The Entryway project planning began in 2003. While its overall design outline was finished in June 2005, in substantial scope it continued to evolve and change throughout the construction process, which is not yet complete. The plan in June 2005 included a skateboard park, volleyball courts, basketball court, tennis courts, playground, parking lot, Transit Center, Visitor Center and information booths, Events Arena and space for 5 employee housing (Rodeo Place). The plan required that the Town acquire the Seven Star property and obtain the Horse Ranch right of way. Until the 2006 budget was revised in the fall of 2006, cost estimates for the Entryway project were prepared for discrete portions of the work, such as Entryway Road Improvements, the roundabout, etc. The projected cost of the Entryway based on the 2006 budget and the actual expenditures in 2004 and 2005 was $7.776 million. Construction began in 2005 with the Rec Center and grading of the parking lot. At the same time a firm was hired to prepare construction drawings for all of the "civil work" for the project. Civil work included the roads, parking lot, site grading and the roundabout. When the drawings were finished in March 2006 and bids solicited, only two firms bid and the lowest bid substantially exceeded the budget. However, Staff was able to reduce the lowest bid by reducing the scope of the work. In addition, in May 2006, Staff determined that the current estimates to build the Visitor Center and the Bus Depot (Transit Center) were $300,000 over budget, and Council decided to defer the Visitor Center. The major portion of the Entryway Project was scheduled for completion in 2006, based on the assumption that the Seven Star property and the Horse Ranch right of way would be available early in the year. The availability of these properties was an express condition of the contractor's bid. These properties became available only late in 2006, with the result that much work could not be finished until 2007 at an increased cost. In addition, fill available from the Town Hall project had to be moved several times because of the delay. The Contractor eventually sued the Town for damages due to the delay and recovered an additional $400,000. Budgeting was revised in the fall of 2006 to reflect the way the project was bid; i.e. the cost estimates were revised to include two principal categories, civil work and Entryway Park Improvements. This change made it virtually impossible to track the actual cost versus budgeted cost of individual items comprising the project. Through 2008 actual costs were at least $12.089 million (there seem to be at least two other possible totals), with $425,000 of work budgeted for 2009. This represents an increase of 155% over the first budgetary estimate based on actual plans. This overrun would have been even greater if construction of the Visitor Center and the Events Arena, included in the original plan and estimate of cost, had not been postponed. The FAB finds the following with respect to the Entryway project: 1. The change in budgeting of the project to conform to the way it was bid by the Town makes it virtually impossible to determine all of the major factors that caused the cost of the overall project to escalate from a 2006 budget of$7.776 million to actual costs of$12.089 million through 2008. In addition, the items included in the budget and what was included in each item changed from year to year. Changing the way the project was budgeted from discrete items to 6 particular types of work (i.e. civil work), without a careful process of reconciling the original and revised budgets prevented Staff and Council from having any way to evaluate and control the cost of individual items comprising the project. 2. One major factor contributing to the cost overruns is the failure of the Town to acquire timely the Seven Star property and the Horse Ranch right of way, and the decision to proceed with work without the assurance that those properties would be available when needed. 3. The Town's cost estimates based on insufficient construction drawings were unreliable and the Town had no reliable estimate of cost until the project was bid. 4. Separating the civil work and entryway park improvements (and the Rodeo Place Homes) into separate contracts put the Town in the position of being its own general contractor. While this did not appear to result in any increase in the cost of the overall projects because of the Town's ability to manage civil work, it should generally be avoided as it has the potential of making the Town responsible for failure of one underlying contractor to perform because of the failure of another contractor to perform on time or as promised. 5. Neither any estimate nor the actual costs of the project include the value or cost of the underlying land. 6. As with the other two projects described above, the Entryway project was begun without adequate planning and with undue haste resulting in substantial excess cost to the Town. It was simply imprudent to start construction without approved construction drawings and having the Seven Star property and the Horse Ranch right of way. The consistency with which the Town Government conducted these projects without adequate planning and in haste indicates a deliberate choice to sacrifice taxpayers' money in an attempt, ultimately futile, to get things done quickly. RODEO HOMES PROJECT Prior to 2007, Council determined to build the Rodeo Place affordable housing for families in two phases. Phase 1 was to have 11 single family homes and 4 duplex units and phase 2 was to have 10 single family homes and 3 triplex units, for a total of 28 dwelling units. (Subsequently, in the spring of 2009, the Town decided to increase the number of units in Phase 2 to 14 by replacing the 3 triplex units with 4 duplex units.) Council determined to pay for the design (soft) costs and infrastructure costs and to provide the land, and to sell the units to employees for 100%of the hard costs of construction. Soft and infrastructure costs were budgeted at $3 million. Prior to 2007, the Town engaged an architect, completed a site plan for the project and received entitlement approval, but by early 2007 detailed designs existed only for the first three homes for lots 5, 6 and 7. In a competition prior to March 2007, the Town chose the low bidder, Roaring Fork Custom Homes (RFCH) as general contractor. Staff's principal reason for hiring RFCH was to be able to obtain modular homes from Timber Creek, which had a proven track record for quality and energy efficiency. Timber Creek required customers in the Roaring Fork Valley to use RFCH as general contractor. Since 7 detailed plans for all units were not available, RFCH provided a fixed lump sum bid for the first three homes and an estimated cost for the remaining homes. In the summer of 2007, at Council's direction the Town shared the estimated costs with prospective homebuyers and held a lottery to determine the prospective winners for each of the Phase I homes. In August 2007, the Town entered into a stipulated sum contract for the first three homes. Prior to contracting with RFCH for the first three homes, the Town ordered a number of the Phase 1 homes directly from the prefab manufacturer in order to obtain an available slot on the manufacturer's schedule. RFCH anticipated that the site would be available to begin construction no later than June 1, 2007. Due to the delay in the Town obtaining the Horse Ranch right of way until late 2006, as described above in connection with the Entryway Project, the infrastructure work was not completed until late September 2007. Thus RFCH could not begin work until late fall 2007 and it claimed that it incurred significant additional costs to perform as a consequence. Although Council in February 2008 authorized additional monies for the first three homes, RFCH's progress was unsatisfactory and its relationship with the project ended after it completed the first three homes and the foundations and site work on the next 3 homes. In addition, the first three homes were completed by the manufacturer and had to be stored at the Town's expense until they were needed. Ultimately, purchasing homes from the prefab manufacturer created additional difficulties for the Town because the general contractor was not responsible for problems with the homes during construction and disputes arose as to who was responsible for problems in the finished homes. To complete phase 1, pursuant to a competitive bid process the Town hired a new general contractor, and to better manage construction and the project budget also hired an owner's representative. By March 2009, Phase 1 was substantially complete. In March of 2009, Council rejected plans to increase the density of homes in Phase 2 of the project. In order to mitigate risk to the Town, Staff recommended on May 18, 2009 that Phase 2 be split into three sub phases comprising 4 units each in Phase 2A and 213 and 6 units in Phase 2C. Staff asked Council to authorize construction of only the first 4 homes (Phase 2A) provided that Rudd Construction's price was not in excess of the amount budgeted and that there were at least four qualified lottery participants on June 4, 2009. These conditions were satisfied and the Town has now contracted with Rudd Construction for Phase 2A. It is difficult to track the original estimated costs versus the current total of actual costs and estimated costs for completion of the project. The following information and the findings below are based on analysis of information provided to Council on March I I and April 6, 2009 as well as data provided to the FAB through July 9, 2009. 1. In September 2005, Staff recommended to Council the construction of single family homes at the Entryway estimated to cost $9.9 million, including all 8 infrastructure and soft costs, and suggested subsidizing the selling prices in the amount of$1.018 million, the estimated infrastructure and soft costs. No estimate was provided of the cost or value of the land. This estimate was not based on any detailed plans. 2. The 2008 budget, adopted in the fall of 2007, for the total project cost was 12.087 million including infrastructure and soft costs but excluding the cost or value of the underlying land, producing an average cost for each of the 28 dwelling units of$432,000. 3. Of this total in the approved 2008 budget, soft costs and infrastructure for both phases of the project were estimated to cost $3 million. As of July 9, 2009 actual infrastructure and soft costs (including the cost of the owner's representative) through the end of Phase 1 total $3,728 million, with another$1.495 million budgeted for Phase 2 resulting in total project infrastructure and soft costs of 5.222 million. 4. The revised 2008 budget, presented to Council in August 2008 and prepared by Staff with the assistance of the owner's representative, estimated the total cost of constructing Phase I to be $6.954 million. Actual costs to July 9, 2009 are $6.910 million. 5. In March or April 2009, Staff told Council that the estimated cost to construct phase 2, comprising 13 units, would be $7.359 million, including infrastructure and soft costs. This budget was presented as a Preliminary budget, based only on historical data for Phase 1 and without any construction drawings. The most recent budget prepared on July 9, 2009 based on 14 units is $7.363 million. 6. Thus approximately 20 months after approval of the 2008 Budget, total estimated costs of Phase 1 and Phase 2 are approximately $18 million(including soft costs and infrastructure, but excluding land), an increase of about 50%over the 2008 budget estimates. 7. As a result, at July 9, 2009 the average cost of constructing each of the 29 dwelling units comprising the project is $619,250, including infrastructure and soft costs but exclusive of the cost or value of the underlying land (the "all-in cost"), compared to the approved 2008 budget's estimated average cost of 432,000. The actual average all-in cost of the Phase I units is $598,896 and the budgeted average all-in cost of Phase 2 units is $641,055. 8. Overall, after deducting revenue from sales (actual for Phase 1 and budgeted for Phase 2) and a CORE grant of$90,000, the total subsidy, exclusive of land cost or value, to house 29 families is estimated to be in excess of$7.318 million or an average per unit of$252,329. 9. To calculate the contribution of the 8.55 acres of underlying land to the cost of and subsidy for the project, Staff has recently added to the project costs the Town's out of pocket cost for the land of$1,407,069. The other way to determine the contribution of the land to the project is to take into account the fair market value of the land when devoted to the project. Using the valuation developed by Staff and the FAB when evaluating the Town's holdings of land in 2008 of$3.9 million per acre, the contribution of land to the project was worth $33.3 million. Using these alternative approaches, the average all-in cost and subsidy, including 9 infrastructure, soft costs, construction costs and land for each of the housing units, are as follows: All-in Average Cost Per All-in Average Cost Per Unit Including Out-of- Unit Including Market Pocket Cost of Land Value of Land Cost per Unit 664,665 1,767,526 Subsidy per Unit 300,848 1,400,605 The FAB finds with respect to the Rodeo Homes Housing project: 1. Staff did not adequately evaluate the capability of RFCH to perform the project and instead recommended RFCH to Council because it was the sole general contractor in the Roaring Fork Valley for Timber Creek Homes and the low bidder. RFCH's cost estimates were unreliable and it was not capable of doing the work.1 2. The failure to obtain the Horse Ranch right of way in a timely manner, which delayed completion of the infrastructure, contributed significantly to the increased costs of phase 1 of the project. 3. No reliable cost estimate was prepared before putting the project out to bid. Prior cost estimates were prepared without adequate architectural plans. 4. Until March 2009 presentations to Council of costs have shown only the per unit hard cost of construction exclusive of the per unit cost of soft costs, infrastructure, owner's representative, contingency and underlying land as originally proposed and as changed from time to time until very recently. As far as the FAB is aware, Staff has not provided Council an estimate of the all-in cost of each dwelling unit or the all-in subsidy provided to each buyer until March of 2009. This lack of information made it difficult to judge whether the project was cost effective. 5. Presentations to Council have mixed the costs of the entire infrastructure and soft costs for both phases with the hard costs of only one phase, rather than allocating infrastructure and soft costs to each phase separately. 6. Until the Town hired an owner's representative in the summer of 2008, the project was not adequately staffed with Town personnel having both adequate time to devote to the project and adequate experience for a project of this magnitude and complexity. Subsequently, the project has been very well staffed by the owner's representative as evidenced by the fact that construction of the remaining 12 units of Phase 1 was within the budget and schedule as revised by Staff with the assistance of the owner's representative in the summer of 2008. 7. Purchase of modular units by the Town directly from the manufacturer created additional storage costs and gave rise to disputes between the general contractor, the prefab manufacturer and the Town as to responsibility for problems with the homes during construction and after completion. Deciding to specify Timber Creek Homes because of superior quality and energy efficiency would leave the Town at risk that Timber Creek could charge whatever it wished unless there were other modular manufacturers with acceptable quality and energy efficiency who could compete on the basis of price. FAB believes that sole sourcing of goods or services is rarely a good practice. 10 8. There was no written contract with the architect during Phase 1, and the architect was not made responsible for the work of the other design consultants, leading to poor coordination of work and delays in obtaining needed design for construction. Lack of a written agreement specifying the work to be done may have also led project management (prior to hiring the owner's representative) to advise Council in July 2008 that the bulk of the architectural design work for both phases was complete when in fact no work on Phase 2 construction drawings was performed until Phase 2 began this spring. 9. The project evidences undue haste in proceeding with a contract with RFCH knowing that the infrastructure was behind schedule, in contracting with RFCH without adequate drawings and reliable cost estimates and in holding a lottery based on the estimated, rather than actual, costs of homes. These deficiencies indicate that Town government was apparently willing to risk taxpayers' funds in an attempt to complete a project quickly. 10. Constructing Phase 2 homes in three sub phases in order to assure demand for each sub phase before starting construction in order to reduce the Town's risk of building homes that cannot be sold is a responsible financial practice even if it results in a small increase in the cost of construction due to loss of economies of scale. 11. The proposed average all-in cost (except for land) of Phase 2 units is budgeted to be approximately $40,000 more than the average cost of Phase 1 units. The budgeted hard costs of construction, the price of the modules and Rudd's costs, are substantially lower in Phase 2, but the Phase 2 site costs and soft costs are substantially higher than in Phase 1, in substantial part because of a change to the Phase 1 accounting practice which charged many of the soft costs and site specific costs in Phase 1 to the infrastructure budget that was allocated to all 29 units in both phases rather than to the 15 units comprising Phase 1 (see Recommendation 9 below regarding changes in accounting treatment). Moreover, Staff concludes that breaking Phase 2 into three sub phases in order to minimize risk to the Town will result in not being able to achieve certain economies of scale in Phase 2. Nevertheless, Town Staff expects that if the costs were treated consistently in each Phase and if, as it expects, it will be able to complete construction without using substantial parts of the Phase 2 contingencies, Phase 2 units will not cost more per unit than Phase 1. 12. In view of the magnitude of the subsidy for each unit to be constructed in Phase 2 of the project ($1.4 million per unit including the value of the underlying land), the FAB recommends that Council defer further work on Phase 2 in order to investigate other options which would lead to providing more families affordable housing at a lower average subsidy, and make better use of the dwindling supply of available land for affordable housing, on the remaining Rodeo Homes site. 11 FAB RECOMMENDATIONS Based on its review of the Town Hall, Entryway, Rec Center and Rodeo Place Housing projects, the FAB makes the following recommendations on how the Town may better manage the costs of its capital improvement projects and thus insure that the public has confidence in the Town's ability to manage its projects. While many of these suggestions are obvious, the FAB has found that they were not followed in conducting the reviewed projects. 1. The Town needs a process for planning and evaluating capital improvement projects that permits costs to be realistically and reliably estimated and allows the actual costs of the projects to be readily measured against both original and revised budgets. This process should be transparent and available to the public. 2. In estimating the costs of a project the value of the underlying land being devoted to the project should be taken into account. 3. Preliminary budgets and cost estimates should be identified as placeholders (the Town did begin to identify the basis for estimating items in its CIP budget, at the recommendation of the FAB, in 2006). 4. A reliable cost estimate should be prepared before deciding to proceed with a project, including deciding whether to seek voter approval of financing for a CIP project. 5. A reliable cost estimate usually requires that a substantial part of the design drawings for a project be complete, that a professional estimator prepare the estimate, and that the estimate include all furnishings and equipment. A reliable estimate also requires realistic contingences for infrastructure, design costs and construction, 6. Projects should be bid only after the rights (either ownership or an option) to all real property underlying the project are secured. 7. Projects should be bid only after all design is complete, and construction begun only after the construction contract is executed. Changing the scope of the project while construction is ongoing should be avoided. 8. If a material change is proposed in the scope or costs of a project, Staff and Council should review the entire budgetary history of the project, its actual costs to date, and estimated project cost to completion, as well as impact on estimated 12 ongoing operational costs and estimated subsidy in order to determine that the project is being managed in a cost effective manner. 9. The budgeting and recording of actual costs of the elements of a CIP project should be done on a consistent basis from the beginning to the conclusion of a project, whenever possible. If the accounting must be changed for any reason, there should be a careful reconciliation of the old and new accounting treatment so that the Town Government is able to evaluate and control the cost of the items comprising the project. 10. In hiring a general contractor for a CIP project, the Town should not merely choose the low bidder; instead it should weigh cost with experience and other factors indicating ability to perform competently, on time and within estimated cost. 11. Effective supervision of a project's contractor requires that the contractor provide weekly updates for the Town on both progress and budgetary issues. 12. The Town should consider developing model contracts for construction and professional services (architects, etc.) and using these contracts as the basis for soliciting bids on projects in order to be sure that each bid can be evaluated on a consistent basis. The architect should be made responsible for the work of the other design professionals. 13. Planning of projects should be based on how much the Town concludes it should spend rather than being based on including everything the Town or the community would like to have. 14. Staff and Council should verify at the inception of a project that adequate qualified personnel are available to staff the project and will be able to devote adequate time to the project. If there is any doubt about the qualification or availability of the Town's personnel to handle a project, the Town should hire an owner's representative to oversee the project. 15. Instead of staffing each capital project in the Town Department for which the project is intended (e.g. development of employee housing in the Housing Department), Council and the Town Manager should consider establishing a capital project development team to handle all capital development projects. The Finance Department should be included in any capital project development team and involved in all phases of the project. 16. In evaluating the scope of a project, it is important to accurately forecast the operating costs of a project since failure to do so will burden the Town's budget on an ongoing basis which may result in eliminating other essential services (e.g. the unanticipated and increasing operating deficit of the Rec Center will burden the ongoing RETT budget and may effectively reverse the priority of projects 13 specified in the RETT ordinance). Operating cost estimates should include an allowance for depreciation or a reserve for capital replacements. Financial Advisory Board Rick Griffin, Chair Teddy Farrell Gary Hartman Fred Kucker Carolyn Purvis Dave Rachofsky Scott Stenman July 27, 2009 14 MEMORANDUM TO: Snowmass Village Town Council FROM: Housing Department, Russ Forrest DATE: August 3, 2009 SUBJECT: Rodeo Place Phase 11 B 1.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Town Council is requested to provide direction on next steps for Phase II B of the Rodeo Place Housing Project. The primary question at hand is whether there is sufficient market demand to move forward with authorizing the Town Manager to execute a contract with Rudd Construction for phase II B. Staff will email the number of loan prequalification letters the Town Council receives on Friday July 31, 2009. Phase II B consists of two 2br. homes and two 3br. Homes. Ads have been placed in the Snowmass Sun to determine the market demand for these four homes as we did with Phase II A. As of July 24, 2009 we have up to eight prospective buyers or Snowmass Village employee applicants for the eight new homes in phase II A and phase II B. It should be noted that these are the same people that had applied for phase 2A. The final market demand results (number of qualified applicants) will be presented to the Council on August 3, 2009. II.BACKGROUND Rodeo Place Phase II is proposed to consist of three sub-phases. Phase Lots Status Phase II A Lots 16,17,18,19 Foundation work has begun the factory is building homes. Homes delivery 8-11 to 8-24, 2009 Phase II B Lots 21,22,23,24 Need Market Demand & Council Approval Phase II C Lots 20, 4, 1 Need Market Demand, Lots 1 & 4 Needs land Use approval and Council Approval 21llagc III. DISCUSION ITEMS: Market Demand: There is currently a wide variety of deed-restricted employee housing units available for sale in Snowmass Village. Sinclair Meadows is now being advertised and this complex has 11 three-bedroom units and 10 two-bedroom units plus the Capital Peak employee housing may be available soon and this is 5 more units. The Town's Housing Deptartment is also offering Rodeo Place phase IIA consisting of four homes, a Crossing home, a Mountain View 1 bedroom and a Mountain View 2 bedroom unit for sale. The properties listed above will provide 33 new units and all of these units will become available in the next few months. The current Snowmass Village employee market demand to purchase a single-family home appears to be waning. Build Now or Later? If Council determines there is not a sufficient market demand to build these homes the following next steps are recommended: The Town would need to determine if it should simply stabilize the site for next year or provide a more permanent revegetation and draining plan for the undeveloped sites. Staff would recommend that if the Council believes that there is insufficient demand to move forward with the rest of phase 2, that staff would return to Council with several scenarios that range from stabilizing the site to providing a more finished revegetation and drainage plan for the undeveloped sites. The Town will own the construction drawings prepared for phase 2B and could at any time use them to solicit bids for 2B when market demand returns. Complete the entitlement process for lots 1 and 4. This expenditure was authorized on April 20, 2009 not to exceed $15,000. Lots 1 and 4 are part of phase 2C. Construction drawings have not been generated for this phase yet and is not authorized as part of the $15,000 authorized for this use. Home Sale Prices & Subsidy: The price ranges of the Phase II B homes are listed below. The project team has priced these homes to match the sale price of similar homes in the phase I and phase II A of Rodeo Place. Two of homes in Phase II B are of a completely new design, and two homes are similar to the homes on lots 11 &12, but they have a walk-out basement, the methodology used in setting the sales price was based on comparing the price per SF of gross living area and the percentage of the finished SF to the homes in Phase I and Phase IIA. The Town's subsidy to the Rodeo Place Phase II B is estimated to be from 9% to 15% of the hard costs for these four homes. Since the final pricing has not been completed yet we are using preliminary numbers to determine the subsidy required. In an effort to match the sales price of the phase one homes, with adjustments made for specific lot requirements, the subsidy will be adjusted accordingly. (See Attachment A) 3 Page Lot 21 $426,300.00 to $434,826;00 Lot 22 $386,316.00 to $405,632.00 Lot 23 $426,300.00 to $434,826.00 Lot 24 $424,316.00 to $432,802.00 Lots 21 & 23 Both of these homes have a higher percentage of finished living space then some other homes (82%), and an unfinished basement. This is a new home design. Lots 22 & 24 These homes are similar to some previously constructed homes. Lot 22 is very similar to lot 12 and lot 24 is very similar to the home on lot 11. Due to the sloping lots both of these homes will have a walk-out basement that adds value, but also increases the construction costs of the homes. Lot 22 is along a creek. All the homes in Phase II B and II C will require the export of excavation material, as there is no longer the ability to disburse the dirt on site. IV Staff Recommendations: Staff recommends proceeding with the construction of Rodeo Place Phase II B if there are sufficient Snowmass Village employees to purchase these homes. Due to the economic conditions staff recommends only proceeding if there are two or more prospective buyers for each new home. This would require a minimum number of eight qualified applicants for the four new homes in phase II B or a minimum of 12 qualified buyers for both phases 2A and 2B. If Council determines there is sufficient demand for these homes, staff would return to Council with a final contract number for Rudd Construction. Staff believes the contract number would be at or less the number references in exhibit A. Exhibit A: Phase 2B Budget Rodeo Place - Phase 2B Lots 21-2414 Single Family Homes Preliminary Budget Cost to cost to CONSULTANTS Estimated eudaet Date Complete 1 Architect-Planning 0 0 0 2 Architectural Building Design -CDI 44,096 0 44,096 3 Structural Engineer-Maggert 16,066 0 16,066 4 Soil/Geotechnical Engineer-HP Geotech 5,750 0 5,750 5 Civil Engineer-SGM 460 0 460 6 Snow Shed Consultant 4,025 0 4,025 7 Specifications Consultant 0 0 0 8 Legal-HOA Documents-WA 0 0 0 9 0 0 0 Subtotals-17.01397-$10$17,O!397 DEVELOPMENT CHARGES 10 Building Permits 0 0 0 11 Water and Sewer-Tap Fees 44,174 0 44,174 12 Water and Sewer 0 0 0 13 Electric -Holy Cross Energy 0 0 0 14 Telephone -Owest 0 0 0 15 Gas -Source Gas 0 0 0 16 Cable -Comcast 0 0 0 17 0 0 0 Su6totiils SL44517_4Ji$IO SL445LZ4 SITE AND CONSTRUCTION 18 Sump Pumps(Lots 22&23) 9,850 0 9,850 19 Unsuitable Soils 0 0 0 20 Fill Import/Export MOMEMEML33-M 0 33,000 21 Road Repair 0 0 0 22 Re-vegetation(area across from Lot 13) 0 0 0 23 Home Construction taa: dom s24 sc Pddmg) 3 to, 0 1,835,968 24 0 0 0 25 0 0 0 Suuototals 11!87.818181 101 111878!818 OTHER 26 Builders Risk Insurance 2,000 0 2,000 27 Warranty 4 6,000 0 6,000 28 0 0 0 Suubtotals I8'000RM 10$18r000 Subtotals 2,001,389 0 2,001,389 29 Owner's Representative 54,659 0 54,659 CONTINGENCY 30 Contingency-Consultants&Dev.Charges 7.5% 12,692 0 12,692 31 Contingency-Site&Construction 7.5%140,911 0 140,911 32 0 0 0 Subtotals "c,=*200x263 0 208,263 33 Miscellaneous Town Costs 4,000.00 0 4,000 Gross Sales Revenue 1,663,232 Subsidy-for Phase 660,419 Subsidy-per Home-Avg. Soft Costs 4 377,683 94,421 Hard Costs 2 43,184 Allocations Land 194,078 48,520 Overall Soft Costs 56,809 14,202 Infrastructure 403,818 100,954 Total Subsidy 1,205,125 301,281 File:ftliminery"ad Sudgels 7.1-M Rewr OppertmMes 8Investments.LLC TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: August 3, 2009 Aspen School District Housing Proposal On August 3rd, 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. Summary of Ongoing and Pending Strategic Actions Last Updated —July 23, 2009 Staff Action Status Date to follow-up w/ Contact I I I Council Land Use Comp. Plan Comprehensive Completed sections with edits will be Will be scheduled Team Plan Update forwarded to Council and staff will provide a with Council until memo on a chapter that highlights major approved. Ongoing changes in each chapter prior to it being discussed with the Town Council Chris Conrad Local Retail Tool Council asked that an ordinance be prepared 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 the Town Council asked that Department Inventory a Land Inventory to identify potential housing sites be completed after the Town completes is June budget review. This project would cost approximately $16,000 based on a proposals from Design Workshop. No funding is currently appropriated for this project. Housing Housing Lottery/ The Housing Committee has received July 27 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 September 21, 2009 Tax and its application Joe C Natural Disasters On 11/3 Council asked that staff further September 21, 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. Bud eUFinance 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. Russ, Community On July 6 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. 0 A 0 1 Sun Mon Tue Wed Thu Fri Slat 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 .m. 23 24 25 26 27 28 29 30 31 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 Labor Day 8 9 10 11 12 7 13 14 15 16 17 18 19 Town Council Meeting 4:00 p.m. 20 21 22 23 24 25 26 27 28 29 30 Town Council Meeting 4:00 p.m. 1 UPDATED LANDSCAPE PLAN FOR THE SNOWMASS CHAPEL AUGUST 3, 2009 MEETING AGENDA ITEM NO. 4 TOWN COUNCIL ATTACHMENTS ! PLANT LIST REVEGEATION SEED MIX LEGEND Qum BOTANICALNAME SIZE VP M GONDMON Lid COMMON NNAE INian PP Oreaa HesPY- A- AreexwmNp, wBAisa' Ne2 PeT 050Be/ eve EMfYy DadBelu Tieeb RmW1 WN RareBeM8B0Nm TREES g, v BMBma- Pa eeanm 51Nm1en' M UNI/ eve L 765 SF 4y TH6agfu WI IGM»- ENmu WceolaON AV/, APW^.. VVV\ Sbrkv V. Tea, Bnv' Sm LUb'- EMmu hetlryoWn 3. 000e/ we e Eda ,, SP Trw bRmuin cm may, 4 I IB MALUSDOLGO 11? LAL. PS SHOWN MATCHED. BLB MNmMln Brvre' GamaY- B4OinM WrneF 3. 01We lava m 1A DOLGO CRABAPPE AnzvMF.- Fe va'YM' 7vrBa ° 3 111=1. MIW Wa WMeMraie- Pevayyrum SMIM' MIM' Reve6MaNnAm 30 PICFA PBNGENS 6' HT, AS SHOWN B8B MMNein - MLLmsM BlOenbb` beYary 0. 25Wa/ eve I-, AParm. 12. 800 SF o COLORADO SPRUCE R1b0N ReEW Bmae- GBymNermm nammua 0 m;ll/ a a y 8 PICEAFkINGENSSPRUCE 1SHi. AS SHOVM B&B F 0.25 ba lave HYry Gagen ANN- CNyIOFab B%: ee 0. 2506a1ave 3 PICEAPUNGENS tYW. AS SHOWN BM SNer Ltwi - Upq ar0enfem 1. 00b lava SnOanM r% rl1 COLOPADO SPJju Racey Mw. ee6, PauYm° n- PernWmn atr4Le 2.00=/ em P - GENB_ - 2Y. HL._ ASSlgWN Ar, wMei BaWm Raul- BeWmaNxa aBBNN 0.5 tlb/ eve C B PICEAPUNGENTBONTGOMERY 5GAL ASSHOVM CONTAINER MONTGOMERY DWARF SPRUCE z B w POF uss DIDES T-3. A. AS SHOWN B&B WETLAND REVEGEATION SEED MIX C 19 POPULUSTEMULOIDES 112• ASSHOVM B8B OUAKINGASPEN CAL. TNWI HOy° Pa09{ 4xMn ppli taeayliwe 30% y. 6 Sb MrdNF whftt eM' Epmau' 0Mm10M aW. bioal9tlu 30% 55uu- B r WPM, a WlwV. r Peamp310na I 25% ArtBrRMtic Brae- JUiae erglee2alBwa 5% I a I d SHRUBS Trevetlem eeea xOwapeeBn30 oavtla Per eaa nereaamal. j 50 CORNUS STOLONIFEM, SPNTI' 2GPL. 5'O. C. fAMAINER ALPINEGURMNT BB JUNIPERUS COMMUNIS EFFUSA' 2GAL. 5' OC. CONTAINER 4; e' Y-+ B. 1fi J COMMON JUINPER c O 10 RISES ALPINVM 2GAL a'O. C. CONTAINER f 6146 ALPINE CURRANT a 8. Y e O \\ Ir// f is 6A l 8142 O L SPIREA VANMOUTTEI' RENAISSANCE5 GK. S.O. C. CONTAINER 1 A! 1e / I B 6ry f "- RESAISSANGE SPnREA I i05y0p6 G ROUNDCOVER 4W- V.+ g V' Jrj " I rR S` B §- B i 0 5. 781 SF/// NNTKINNI IMOS WA- URSI A• CONTAINERS C24• O.C. ib" G B a 1.1 B35F® ANNUAL COLOR PROWDED BYOWNER JUL 23 2009 3. 850 SF= SOD L J C• aa a Snowmass vwi., GENERAL NOTES t1 ilRlunity DevelOpmen. D e17D S, AB Y W Q 1. ALL PIANTF. O MEhS SHALL RECEIVEAMINIMOM 2' THICK LAVER OF ORGANIC MULCH. I Y a' /, A^T' 2. TILL EXISTWG SOIL TOAOERDI OFB'. h Y' f vbi I Z 3. PACE 6. OF TOPSOIL ON ENTIRE SED AND TILL INTO EXISTING SOIL. Q ( q 4. FINISHED GRADE ON PLANS INCLUDES ALL TOPSOIL ANDAMENDMENTS. LANDS4WE CONRUCTORTOC MINATEWIMGRADINGCONTRACTORTOENSURECORRECT yy r / f r 1 I 0' ELEVATIONS ARE ACHIEVES. ry ' Ll. j ° ' / iM1,.. an41 S. OVMER SHALL BE RESPONSIBLE FOR ALL ANNUAL COLOR I v S. ALL AREAS WRN TREES AND SHRUBS TO BE DRIP IRRIGATED. LLB 1 C) B. PROR TOATCONSRGICTION ALL E% ISNNONVEGETATION TO REMNFN WI EF ENCEDTK) N. r•. i Il / {\ S•u ' II -' t`;. 1 e ? \ _ C Ilf" 1 O CO PNOIOR FUGGEO AND REVIEW' EO WITH TOWN PLWWING OEPARWENT. l I - I a f 7 `` y f Q 3 B. TOP LWILL BE STORED ON SIZE TO THE EX POSSIBLE AND REUSED ON SITE FOR REVEGATATION MEAS OR TO CREATE BEAMS 10. ASURVEY OF EXISTING TREES. BY LOCATION AND C P`ER SIZE, WILL BE PROVIDED TOTHETOWN PRIOR TO THE BUO DING FEAMR. B' r H „ L /` t Mrwr r oais // Blab 11.E% ISTING VEGETAPON IDENTIFIED FOR PROTECTION THAT L9 OAIAAGED DURING j M,O 1 i-' -•- Y 6150 CpISTRUCTION SHALL BE REPUTED WIM A PANT OF SIMOAR SIZE WHEN B 1 BL ` 8' 50 . POSSIBLE OR BY TWO SIMIWt TREES OFA SIZE CONSISTEN WIFH THE I 111 t B1 Tf- smmsGTNINOFTHISIANDSCAPEPLAN. e•l 12. NO DOSANG TREES WILL BE REMOVED TO COMPLETE THE PARKING LOT Ela' ANSION. 13. FOR PARKING LOT EXPANSION. EXISTING FLOWERS AND SHRUBS BETA• EEN THE t' Y l . I /' . / 1 EXPANSION MFA AND TRAP INORiBM• EST COfRNERI Wi SE PRESERVED TO EMENTPOSSIBLE. l•/ // •///%// li f// / S —• — FLIER FABNIG INTERNE FLTFR UBE 9TITq p LOOPS I X • l_ N I 1, E 3r W1OE RDUn Wit7 IAL OvElt z. rPnars TIP ti:. L1LL1 J __ 1 f Y I s I t l I ae wnmar r f t flU 1L 23 1609 F ii b T I - y Fa BAY6M11 i Commun. 1 : f27RJ` Y 10 i f FROTTT VIEW BIDE VIEW 1 PL- J-f— I f! BOIII EIO90FFLTFR FABFIC 0: m m FEIIQ TOASSUIF 90M1 61RWED Ram ATTAOI TOP NEW NOTES: t. BGRYBOITbI OF FLTFA FIBWCB' V FRDLAILY BDAY FpRXm GMOE. z 2xz RRI` BEWBREB f / T- • Landscape Plan 3. DD/. wLLL 810E DF BtOPE l•' PB c 1 mafe 1AE Hb OFALTER f J 1 y o CauWGlan DODaBN6e CONSTRUCTION FENCE Snowmass d9 u,3 l, aJ 2009 Grounds Reconstruction Expenses Ata incurred by Snowmass Western Heritage Association Materials and labor for the following projects Construction of new bull pen Additional gravel to complete entrance area, bar tent area, walking path to BBQ tent, filling in along arena rails Construction of new bar Additional dirt removal and tent adjustment for bar tent Construction of band stand in BBQ tent Electrical conduit, outlets and lighting fixtures for 4 vendor sheds Electrical circuits for Hickory House needs Installation of amplifier and additional speakers for BBQ and bar tents Installation of additional rails along bar area of arena Materials Gravel, bandstand and bar lumber, bull pen landscaping ties, guardrail pipe, amplifier, speakers, wire, electrical materials, light fixtures, paint, tent patching material 6183 Labor Carpenters, electricians, laborers, supervisors 6098* TOTAL 12,281 Invoice from TOSV Works Dept. for $3028 GRAND TOTAL 15,309 Does not include 100's of volunteer hours spent by board members Snowmass Western Heritage Association Profit and Loss 07/ 23/ 09 ( 6 rodeos) January 1 through July 23, 2009 Unexpected Jan 1 - Jul 23, ' 09 Budget 3/ 09 Pa ables" Off Budget Ordina Income/ Expense Income 4 — Contributed support 14010— Indiv/ business contribution 80, 620. 471 75, 000. 00 0. 00 15, 000. 00 Total 4— Contributed support 80, 620. 47 90, 000. 00 10, 000. 00 5000 — Earned Income 5125— Barbecue sales 20, 409. 00 38, 000. 00 5150— Ticket sales 51, 189. 60 75, 000. 00 5165— Entry Fees 36, 285. 73 60, 000. 00 5175— Rodeo Merchandise 408. 00 1, 500. 00 5310 — Interest earned 1. 57 20. 00 5330— Gross rents revenue 2, 191. 20 3, 000. 00 Total 5000 — Earned Income 110, 485. 10 1 177, 520. 00 5500— Liquor Reimbursement 5, 679. 57 1 2, 500. 00 Total income 196, 785. 14 270, 020. 00 Ex ense 7 7002 — Triple V Rodeo Company 25, 140. 00 35, 000. 00 7003 — Arena Manager 0. 00 0. 00 7004— Rodeo Secretary 1, 500. 00 2, 500. 00 7005 — Timer 300. 00 500. 00 7006 — Judges 2, 400. 00 1 4, 000. 00 7007 — Pick up man 2, 125. 00 3, 750. 00 7009 — Bullfighter 1, 174. 08 3, 750. 00 7011 — Rodeo Supplies 1, 960. 32 2, 500. 00 7012— Announcers/ Entertainment 4, 086. 12 5, 000. 00 7013— Other Stock 10, 938. 00 16, 500. 00 7016— Rodeo Payout 43, 057. 58 67, 000. 00 7017— Horse Lease- flag bearers 300. 00 500. 00 7018— Rodeo Grounds 2, 239. 00 * 0. 00 5, 859. 00 8, 098. 00 7020— Insurance - rodeo 8, 956. 00 11, 630. 00 7030— Telephone - rodeo 121. 94 700. 00 7035— Utilities 1, 588. 30 3, 000. 00 7040— Awards 2, 013. 00 2, 000. 00 7070— Bank Charges & Credit Card F 214. 09 3, 500. 00 7080— Ticket sellers 275. 00 275. 00 7085— Tickets 836. 25 700. 00 7087— Sound Equipment 3, 183. 00 * 0. 00 3, 183. 00 7088— BBQ Tent 4, 777. 21 4, 000. 00 7089— Tent/ Vendor Booth Li h ing 1, 220. 00 * 1 200. 001 1, 020. 00 TOSV Invoice 3, 028. 00 3, 028. 00 118, 404. 89 167, 005. 00 8, 887. 001 24, 309. 00 Total 7000 — Rodeo expense 7090— Rodeo Merchandise 292. 50 0. 00 7100— Liquor 5, 679. 37 2, 500. 00 7150— BBQ 1 14, 451. 731 1 37, 000. 00 20, 423. 60 39, 500. 00 8100— SWHA expenses 8110— Salaries 15, 000. 00 27, 000. 00 8126— SWHA supplies 100. 63 150. 00 8130— Telephone & telecommunicatio 610. 49 600. 00 8135 — Travel 113. 00 200. 00 8140 — Postage, shipping, delivery 124. 881 1 200. 00 8100— SWHA expenses - Other 813. 03 Total 8100— SWHA expenses 16, 762. 031 1 28, 150. 001 8500 — Marketing & advertising 8571 — Printing & copying 14. 91 150. 00 8575 — Advertising Media 2, 629. 77 8, 000. 00 8590 — Rack Cards & Poster 3, 349. 93 3, 000. 00 Total 8500 — Marketing & advertising 5, 994. 611 11, 150. 00 8585 — Rodeo Program 6, 946. 731 7, 000. 00 Total Expense 168, 531. 861 1 253, 305. 001 Net Ordinary Income 28, 253. 28 16, 715. 00 24, 309. 00 After unexpected expenses 7, 594. 00 Unexpected paid amounts for grounds im rovements Unexpected amounts yet to be paid " S rrgsre y SNIIWMASS NESTEI3I H ITAIIE ASSIICIA?IIIN P.O. Box 5745 s4 Snowmass Village* Colorado 81615 z} 970-923-8898 www.snowmassrodeo.org gA Itg08 ASSOC'11 Producers of the 3NOWMAS8 nQZZQ July 31, 2009 Board of Directors Susan Hamley Tom Yocum TOSV Marketing Group President Dear Susan: John Canning The nonprofit Snowmass Western Heritage Association has been producing the Snowmass Paul Dioguardi Rodeo for the past 6 years, following 30 continuous years of production by various private Jim Rathell entities. In the very early years the Rodeo may have produced a profit, but for recent pro- Gwen McKirahan ducers and owners, including Bill Burwell and the Silvertree Hotel and the Town of Greg Rulon Snowmass Village(for one year in 2002), the rodeo is not a profitable enterprise. Marty Schlumberger Jim Snyder Scott Stenman It is a critically important event for the Town of Snowmass Village for numerous reasons: Barb Yocum 1)It preserves a major part of the history of the town which was a ranching com- munity, before skiing arrived. 2) It offers visitors what they come to the West to see - cowboys in hats and jeans and colorful chaps performing dangerous feats that draw on actual skills required in cattle Executive Director ranching. Chris Kelly 3) It gives the local community of people who continue to live the ranching lifestyle an opportunity to demonstrate the western lifestyle is still alive and well in the Roaring Fork Valley, and elsewhere in Colorado. 4) It provides a singular and distinctive evening of entertainment that is particularly appealing to families. It's affordable. It features kid-specific games and events. It's all- American, clean family fun. 5) It brings many people who are visting or have second homes in Aspen as far as the roundabout into Snowmass Village. Opportunities abound for merchants and lodges to tie in with the Rodeo promotion to show those folk everything else Snowmass Village offers, if someone wants to take advantage of those opportunities.A number of lodges do by stocking rodeo tickets to sell their guests. So much more could be done. 6) Some visitors do come to Snowmass Village specifically to see the Rodeo. Many others consider it a major highlight of their visit here. Over the years that SWHA has produced the Rodeo, the quality of the event has improved markedly. We've enhanced the pre-rodeo entertainment factor with rides for kids, new ven- Snowmass Western Heritage Association is a tax-exempt 501(c)(3) (EIN 90-0138524) nonprofit organization that strives to preserve and enhance the western heritage and character of Snowmass Village and the Roaring Fork Valley. dors, a free petting zoo and pony rides. We've been able to feature national high caliber specialty acts.We've increased the number of contestant participants. We've brought in a superior food vendor with a national reputa- tion. The result: significant increase in spectator numbers.A typical (good weather)evening draws 1,000 specta- tors to the Rodeo. We've had nights with over 1,200 people packing the stands. With all of that, each year the Snowmass Rodeo rides dangerously close to financial failure. Rodeo production is an expensive business. To attract good contestants we need to supply great rough stock and substantial prize money. Those 2 items total $60,000. Insurance and marketing add another$25,000. We want to keep the rodeo affordable. To cover all expenses we would have to double the price of a ticket, and would not be able to admit children 10 and under free.This year with contributions down as they are for all nonprofits, we project that at the very best, we will break even. wWth no reserve to go forward into the next year, the rodeo will likely not be able to continue. Although the town spent$40,000 to reconfigure the grounds after the overall area had been significantly reduced by the construction of other town amenities, it cost SWHA over$10,000 more to finish the project and make it usable for a weekly rodeo. These additional expenses will likely put us into a deficit by season's end. Time and again we hear from many Snowmass Village citizens, from town council members and other town fig- ures that no one wants to lose the Rodeo. In the 2005 survey of Snowmass residents, 56% expressed the desire for the Snowmass Rodeo to continue. We are most grateful to The Marketing Group for its support over the past years the Rodeo, with $3,250 in 2004 followed by $5,000 in the second year,and then a welcomed increase to $15,000 for the past 3 years and this year. In addition we have had free usage of the tents. We appreciate the support. The time has come for the Marketing Group to recognize the value of the weekly Rodeo to the slate of activities and events Snowmass Village offers to the community and to visitors, and to include the Snowmass Rodeo in its budget to the degree such other events are supported. Without significant support from the Marketing Group, the Rodeo cannot con- tinue. We seek support of$100,000 annually, which amounts to $10,000 per weekly Rodeo. The loss of the Rodeo would be a significant loss for the Town of Snowmass Village. Not just a loss of history and heritage, but the loss of entertainment and excitement for thousands of visitors who will be sorely disap- pointed when there is no Rodeo to highlight their summer visit.No rodeo to give their children and grandchil- dren special memories to take home to Indiana,New York,Florida and Michigan.No rodeo to remind them at its heart Snowmass Village is a grown-up ranching town that hasn't forgotten its roots. We appreciate your serious consideration of this request and are available for further discussion at your conven- ience. Sincerely, Tom Yocum President Board of Directors of Snowmass Western Heritage Association cc: Russ Forrest, John Quigley, members of TOSV Town Council