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09-14-09 Town Council Packetwql, ljj SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING SEPTEMBER 14, 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: INFORMATIONAL PRESENTATION ON URBAN RENEWAL AUTHORITY (URA) 60-minute) ACTION REQUESTED OF COUNCIL: Receive presentation by outside Counsel. John Dresser.....................No Packet Information Item No. 5: SNOWMASS VILLAGE AND ASPEN SCHOOL DISTRICT IGA- FOR SNOWMAS VILLAGE HOUSING SCHOOL SITE Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Intergovernmental Agreement Russ Forrest/IGA will be forwarded to Town Council upon receipt from the School District.........No Packet Information Item No. 6: CONTINUATION OF PUBLIC HEARING AND SECOND READING — ORDINANCE NO, 9 SERIES OF 2009 —SNOWMASS CHAPEL Time: 60 minutes) THE RE-ZONING TO 'MIXED-USE-1' (MU-1) TOGETHER WITH THE SNOWMASS CHAPEL EXPANSION PROJECT FINAL PLANNED UNIT DEVELOPMENT (PUD) INVOLVING REQUESTED BUILDOUT AND HEIGHT VARIATIONS (Continued from the July 20, 2009 Meeting) Jim Wahlstrom ..................... Page 1 TAB A) Together with" Item No. 7: RESOLUTION NO. 14, SERIES OF 2009 — SNOWMASS CHAPEL Time: 10 minutes) 09-14-09 TC Agenda Page 2 of 3 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 1 TAB A) Together with" Item No. 8: RESOLUTION NO. 15, SERIES OF 2009 — SNOWMASS CHAPEL Time: 10 minutes) A FINAL RE-PLAT LOTS 1 AND 2 OF THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION, INCORPORATING THE ASSOCIATED SUBDIVISION EXEMPTIONS FOR LAND EXCHANGES AND A LOT LINE ADJUSTMENT BETWEEN LOT 1 AND PARCEL 10 OF THE SNOWMASS CLUB P.U.D. SUBDIVISION, TOGETHER WITH THE RE-PLAT OF LOT 2A OF THE SNOWMASS INTERFAITH CHAPEL SUBDIVISION RE-PLAT A ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny Second Reading of Ordinance No. 9, Series of 2009, together with Resolution No. 14, Series of 2009 and Resolution No. 15, Series of 2009 Jim Wahlstrom ..................... Page 1 TAB A) Item No. 9: HOUSING LOTTERY POLICY Time: 20 minutes) Follow-up on Housing Lottery Process ACTION REQUESTED OF COUNCIL: Review recommendations from the Housing Advisory Committee (HAC) on lottery procedures and provide direction to staff. Joe Coffey ............................. Pagel TAB B) Item No. 10 UPDATE ON RODEO PLACE PHASE II HOUSING Time: 20 minutes) ACTION REQUESTED OF COUNCIL: Review demand for Phase 2B Housing after the lottery for Phase 2A Joe Coffey/Bob Kaufman. ...... Page 4 TAB C) Item No.11: MANAGER'S REPORT Time: 10 minutes) Russell Forrest....................Page 9 TAB D) Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING Page 12 TAB E) Item No. 13: APPROVAL OF MEETING MINUTES FOR: JULY 20, 2009 09-14-09 TC Agenda Page 3 of 3 Page 14 TAB F) Item No.14: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page 23 TAB G) Item No 15: EXECUTIVE SESSION Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss three items: a) Personnel matters, except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting, pursuant to C.R.S. 24-6-402(4)(f)(I) and Snowmass Village Municipal Code Section 2-45(c)(6); b) Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, instructing negotiators pursuant to C.R.S. 24-6-402(4)(e) and Snowmass Village Municipal Code Section 2-45(c)(5); and c) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Item No.16: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 4.5 hours excluding items 1-3 and 12 —15) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. MEMORANDUM TO: Snowmass Village Town Council FROM: Housing Department DATE: September 14, 2009 SUBJECT: Housing Advisory Committee recommendations I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The Town Council is requested to provide direction to the Housing staff regarding the special district priorities for the Housing Guidelines. II. BACKGROUND At the July 27, 2009 Council meeting, Council directed the Housing Advisory Committee (HAC) to discuss the priorities for special district employees. The recommendations that the Town Council accepted are on the attached spreadsheet. The HAC has met on several occasions to further address the issue of critical employees that are not based out of Snowmass Village but support the community. III. HOUSING ADVISORY COMMITTEE RECOMMENDATIONS Based on the direction provided from Council, the HAC developed the following recommendations for Special Taxing Districts. The committee felt the need to provide various options for Council to review. Although some of these recommendations may violate the Fair Housing Guidelines, we will let Council and its attorney address the issues rather than the HAC. The following options were discussed: 1. The employees of the Special Taxing District (TOSV and or Pitkin County) as identified in the property tax rolls will be given one additional lottery ball in addition to additional lottery chances based on years of employment in Snowmass Village or Pitkin County. This is the HAC preferred recommendation. 2. Pitkin County resident's lottery opportunities will remain the same and eliminate the HAC recommendations of one year of employment. 3. The HAC does not recommend creating a separate category for the Special Tax District identified in the tax rolls since this will create an additional lottery, more administrative time and feeling of unfairness from all qualified applicants. If the Town Council wants to create a special category and/or give those special tax district employees an additional ball or chance in the lottery, then we identify those entities that are deemed "essential" to TOSV. Those identified will be: Pitkin County, TOSV, Snowmass Village Fire Protection District, Snowmass Water and Sanitation, Aspen Valley Hospital and Aspen School District. 4. First Responders: the HAC feels that since TOSV addresses this special needs category in the rental program there is no need to address in the for sale program. 5. Business owners owning for sale units: the HAC feels this is the wrong direction to pursue for various reasons. Those reasons include deviating from the intent of the "for sale program" which is to have residents of TOSV have a stake in the community via home ownership and difficulty in management for HOA's and the many violations that occur. 6. Resident Ownership (RO) Housing: the HAC felt that our need was to address the majority of employees of TOSV/Pitkin County rather than the small minority that are in need of a RO program. The HAC recommends if Council wants to build a product line to address this category then we can suggest guidelines at that time. The current inventory, pricing and income asset guidelines will not address the RO issue. Citizens Housing Advisory Committee Recommendations Priority Items Given by Town Council for Committee Review& Recommendations: Item # 1 : Lottery Procedures Lottery Priority approved 1st In- Complex approved 2nd Snowmass Village full- time employment with 3 or more years approved 3rd Snowmass Village full- time employment with 1 - 3 years approved 4th Snowmass Village full- time employment with 3 or more ears; 2 people may apply for a 3- bedroom unit approved 5th Snowmass Village full- time employment with 1 - 3 ears; 2 people may apply for a 3- bedroom unit 3 years and above F 6th Pitkin Count full- time employment with 1 or more years Item # 2: Sale & Rental of Units to School & Hospital Employees Look into categories Committee recommends not giving these employees priority as it will be very complicated to allow only these employees priority when there are over 10 special district groups within the county. The committee worries that there will be complaints and possible legal action from the other special district groups not included in the priority. Committee recommends a fair chance to anyone employed within Pitkin County if there are no qualified employees in Snowmass Village for available units. Item # 3 Unit Size/# of People Required per Bedroom approved Committee recommends that the first 3 lottery priority procedures remain as currently defined ( 1 or 2 people may apply for up to a 2- bedroom unit, 3 people may apply for a 2 or 3- bedroom unit, 4 people may apply for a 3, 4 or more bedroom unit). If there are still units available and there are no qualified applicants, the lottery will proceed to the 4th and 5th priorities. If units still remain available, the committee recommends opening up the lottery to anyone working full- time within Pitkin County with at least one year of employment. The 6th lottery priority procedure with follow the current guidelines for minimum occupancy. MEMORANDUM TO: Snowmass Village Town Council FROM: Housing Department/ Joe Coffey, Russ Forrest DATE: September 14, 2009 SUBJECT: Rodeo Place Phase II B I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: On August 3, 2009 the Town Council determined that the Town should not move forward with the construction of phase 2B at that time. The Council did ask that staff return to Council after the lottery for phase 2A and provide an update on the current demand for moving forward with phase 2B. The lottery for Phase 2A is scheduled to occur on September 8r", 2009. Council is requested to provide direction on whether the Town should move forward with a contract to build phase 2B. II. BACKGROUND Rodeo Place Phase II is proposed to consist of three sub-phases. Phase Lots Status Phase II Lots 16,17,18,19 All homes have been delivered Phase II B Lots 21,22,23,24 Need Market Demand & Council Approval Need approval on floor area Phase II C Lots 20, 4, 1 Unkown Market Demand, Lots 1 & 4 Needs land Use approval III. DISCUSION ITEMS: Update on Phase 2A (Lots 16-19) Modules for Lots 16 — 19 have been delivered and set on the foundations. Closings for Lot 16 & 17 are scheduled for November 11th, and November 24`" for Lots 18 & 19. The project is one week ahead of schedule. On May 18, 2009, Town Council approved the Preliminary Budget to not-to-exceed $2,510,409, and to authorize the Town Manager to sign a contract with Rudd Construction not-to- exceed $2,203,098. Rudd Contract is under contract for $1,933,419.63, and the Final Budget is $2,231,170 (a 11% reduction). The phase is currently under budget by $88,074. The Lottery for Phase 2A is being held on Tuesday, Sept. 8 h at 5:30. Signed Purchase Contracts are due, from the Buyers, on Thursday, Sept. 10th at 5:00. Phase 2B (Lots 21-24) On May 18, 2009 the Town Council authorized the expenditure of$77,000 to prepare Construction Documents for phase 26. The total cost of that effort was 57,989.17 ($19,010.83 under budget). Construction Documents have been completed and final pricing has been received from Rudd Construction. On May 18, 2009, Town Council was presented with a Preliminary Budget for Phase 2, which included a preliminary budget for Phase 2B of$2,373,588. On August 3, 2009, Council was presented a revised Preliminary Budget for 26 of 2,213,651. With final pricing from Rudd, the Final Budget is $2,085,747 (see attached), a 12% reduction from 5/18. Homes prices for phase 26, if constructed, would be held to the Low Range, as advertised, and are as follows; Lot 21 - $426,300 Lot 22 - $386,316 Lot 23 - $426,300 Lot 24— $424,316 Hard Cost subsidies range from 4.39%-11.52% (Phase 2A ranged from 11.65%- 15.38%, and Phase 1 were as high as 25.41%). At the Councils direction pricing for Phase 2 is comparable to Phase 1 based on usable square footage and several other factors. During the building permit review process, a question has come up concerning how walk-out basement square footage (on two of the four homes) affects the total allowable square footage (under the current Resolution for Rodeo Place). The architect is working with the Planning Department to address the issue as part of a Minor Amendment to the original Resolution, and submitting it along with the steep slope application for 2C (Lot 1). The Minor Amendment could be considered for First Reading as soon as Monday, October 19th and the Second Reading for November 2ntl. Staff will forward the level of interest for 2B from the individuals that did not win the lottery for phase 2A to Council after that lottery on September 8th . If there are Applicants from Phase 2A, who were not selected and who are . interested in Phase 213, would Town Council like to proceed with Phase 213, all or in part? If Town Council would like to proceed with Phase 26, all or in part, are they comfortable with the timing of the Minor Amendment? Rudd's pricing is based on having foundations in the ground early fall. Phase 2C (Lots 1, 4, & 20) On April 6, 2009 the Town Council authorized the expenditure of up to $85,000 to prepare Construction Documents for Phase 2A, $15,000 of which was to be used for the entitlement process for Phase 2C (changing a Lot 1 from a triplex building to (2) duplexes, and reviewing architectural designs for Lot 1 & 4). The total cost of the CDs for 2A was $57,806. Since April the entitlement process has been refined and there is a potential Add Service from the Design Team for $7,000, leaving $5,194 in the budget. The First Reading is tentatively scheduled for Monday, October 19`" and the Second Reading for November 2ntl Rodeo Place - Phase 2B 914!4999 Lots 21-2414 Single Family Homes Final Budget cost to Cost to CONSULTANTS Estimated Budget Data Complete 1 Architect-Planning 0 0 0 2 Architectural Building Design -CD/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 CMI 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 Subto-als 17,0'397 $10$17.0,t397, DEVELOPMENT CHARGES 10 Building Permits 0 0 0 11 Water and Sewer-Tap Fees 44,174 0 44,174 12 Water and Sewer 0 0 0 13 Electric -Holy Cross Energy 0 0 0 14 Telephone -Owest 0 0 0 15 Gas -Source Gas 0 0 0 16 Cable -Comcast 0 0 0 17 0 0 0 S'66t7otalssi$L4 gl7_4 $10$14451r7_4 SITE AND CONSTRUCTION 18 Sump Pumps(Lots 22&23) 0 0 0 19 Unsuitable Soils 0 0 0 20 Fill Import/Export 0 0 0 21 Road Repair 0 0 0 22 Re-vegetation(area across from Lot 13) 0 0 0 23 Home Construction(Basedm aa4 sC PrAc&v) VMS 0 1,805,768 24 0 0 0 25 0 0 0 u6totel-s$11r80$}7,88) $LO1 1108051768 OTHER 26 Builders Risk Insurance 2,000 0 2,000 27 Warranty 4 6.000 0 6,000 28 0 0 0 Subtotals 1810001 S10 E18!000 Subtotals 1,928,338 0 1,928,338 29 Owners Representative 54,659 0 54,659 CONTINGENCY 30 Contingency-Consultants&Dev.Charges 5.0% 8,461 0 8,461 31 Contingency-Site 8 Construction 5.0% 90,288 0 90,288 32 0 0 0 subtotals 0 163,409 33 Miscellaneous Town Costs 4,000.00 0 4,000 Gross Sales Revenue 1,663,232 Subsidy-for Phase 422,616 Subsidy-per Home-Avg. Soft Costs 79?979 69,995 Hard Costs 42 35,634 Allocations Land 194,078 48,520 Overall Soft Costs 56,809 14,202 Infrastructure 403,818 100,954 Total Subsidy 1,077,221 269,306 R&Rellminery Pmjad Budgets 94-09 Resort opportunities 8 Imessnalb,LLC Rodeo Place 9142009 Sales Price vs. Hard Cost & Subsidy - DRAFT SQUARE( 00 AG SAFES RIG HARQICOST HARD COS SUBSIDY Subsidy Gross S f S W SA ES P. RIC G raha rnre ed ns • L a o rnia G L Hrp L G OSS H L Nigh Low to ' 2C 8 245, 733: 75 Fireplace 1, 125 1 100. 0% 0 1, 125 $ 218. 03. $ 216. 43. 311, 596.- $ A. 00" $ 65, 862 $ 65. 862 21. 14% 1b 2C 245. 73317& Fireplace 1, 125" 100. 0% 0 1, 125 218. 43 218. 43 - 311, 596 0. 00 " 65, 862 65, 862 21, 14% 1c 2C 245; 733; 75. '. Fireplaces 1, 125 100. 0% 0 1, 125 218. 43 218. 43 31. 1, 596 0. 00 65, 862 65; 862 21. 14% Id 2C.. 245; 733. 75: . Fireplace 1, 125" 100: 0% 0 1, 125 218. 43 218. 43 311, 596 0. 00 65, 862 65, 862 21. 14% 2a 1 264 515. 98 RCI Fireplace 1 1.2 11 100. 0% 0 1, 211 218. 43 216. 43 1 1 336 892 278. 19 72, 376 72 376 21. 48% 2b 1 284 5 . 98 RCI Fire lace 1'2 100. 0% 0 1, 211 218. 43 218. 43 I 336, 892 278. 19 72, 376 72, 376 21. 48% 3C 1 26_, 661S1 . 98 RCI Feplace 1 211 100. 0% 0 1, 211 ' 218. 43 1 218. 43 1 1 328, 323 1 271. 12 1 63, 807 1 63, 807 19. 43% 3d 1 1 260, 265. 98. 1, 211 100. 0% 0 1, 211 214. 92 214. 92 1 328, 3231 271. 12 68, 057 68, 057 20. 73% 4 2C 220, 000. 00 Fireplace 90D 81. 8% 200 1, 1D0 244. 44 200. 00 279, 626 279, 626 254. 21 59, 828 58, 626 21. 32% 21. 32% 5 1e 550080. 41 2, 147 1 69. 9% 1 928 1 3. 073 7 7 I I I 7 6 1a 438, 3. 1, 594 1 69. 4% 1 702 1 2. 296 1 7 I 7 I I 7 7 1a 485786 1. 792 1 68. 0% 644 2 636 7 7 7 8 1b 402. 813. 30 TCH Fireplace 1, 682 78. 1 522 2184 242. 25 184. 35 410, 733 0. 00 7 9 1b 434188. 69 TCH Fireplace 1, 782 88. 0 644 2838 242. 29 184. 71 426, 887 0. 00 7 7 10 1b 399, 063. 3Q 1, 645 603,% 726 2, 37x3 2¢2. 89 ? 68, 1)7 d5353, 1 0; 00 7 7 11 1D d12820. 50 RCI Flre lace 1466 58. 0% 1, 076 2, 564 277. 81 181. 01 496, 617 193. 69 83, 796 83, 798 16. 87% 12 1 1, 313 52. 2% 1 200 2, 513 278. 01 145. 26 1 435, 448 173. 28 70 415 70 415 18. 17% 13 1D 1 338262. 91 RCI Fire place I 1404 65. 5% 738 2142 239. 50 156. 99 451297 210. 69 115034 115034 25. 49% 14 1b 338262. 91 RCI Fireplace 1, 404 65. 5% 736 2, 142 239. 50 156. 99 451365 210. 72 115102 115102 25. 50% 15 1b 1 338 262. 91 RCI Fireplace 1 1. 404 65. 5% 738 2. 142 I 239. 50 156. 991 217 104 217 23. 66% 18 2A 434188. 89 Fireplace 1816 68. 3% 844 2. 660 239. 09 163. 23 0. 00 78941 15. 38% 17 11 2A 412821. 00 Fire lace 1464 57. 6% 1 078 2542 281. 98 161. 01 0. 00 54 539 11. 87% 16 M 2A 1 434186. 69 Fire lace 1 1, 862 66. 7% 931 2. 793 1 233. 16 155. 46 0. 00 1 14. 73% 19 no 2A 1 412, 821. 00 1 Fireplace 1, 488 57. 5% 1, 100 2, 566 1 2773 11 161. 01 0. 00 1 1 54, 418 1 11165% 20x» 2C- 439, 860. 00 Fireplace 1, 792 77. 4% 522 2, 314 245. 35 190. 00 572, 523 - 513; 127 247. 42 132, 863 73, 467 23. 21% 14. 32% 21 as 28 426, 300. 00 Fireplace 1, 730 62. 4% 370 2, 100 246. 42 203. 00 506, 325 "" 445T851 241. 11 80, 025 19, 551 15. 81% 4. 39% 2204 2B 366, 316. 00 Fireplace 1, 314 50. 0% 1, 314 2. 628 294. 00 147. 00 459, 571 433, 304 174. 87 73, 255 48, 988 15. 94% 10. 84% 23( 21) 2B 426, 300. 00 Fireplace 1, 730 82. 4% 370 2, 100 246. 42 203. 00 506, 325 445, 971 241. 11 80, 025 19, 671 15. 81% 4. 41% 24( fn 2B 424, 316. 00 Fireplace 1, 486 51. 6% 1, 381 2, 867 285. 54 148. 00 512526 480642 178. 77 88210 56326 17. 21% 11. 72% IS 10 550 661. 12 4 567 1 1 17 188 S9 733 f 2838 896 $ 10 698, 623 if 1 542 832 $ 1 687174 O 2& 36, 896 55, 801, 837 Phaso 2 $ 777, 453 8801, 994 1. Includes all Change Orders on Phase 1b I I 202 835 $ 414 417 Per Unit $ 55532 $ 57, 285 Crarent Contract Sum from Rudd plus Change Orders as of 627/ 09 dhrlded even across each home. 27. 4% 13. 8% CD rid on 28 from Rudd on 8/ 19. PHASE 28 PRICING METHODOLOGY:( Gwlfo keep subsidy relatAey consistent between homes, h4her'% Fmishe & a higher Hte% W Gross? Lot 21- Highest"% Finished" with unfinished basement. Priced 7% lower, per SF then Lots 2& 3. Lot 22- Walk- out basement. Lowest"% Finished'. SlighW h her$/ SF Gross as Lot 12.( Could push price a lisle Lot 23- Sim. To Lot 21. An icipa& 1ga silghtly h her Hard Coat due to creek/ sump pump. 24- Welk basement. IFlnis . Largest Gross SF home. H' h Rome of Lot 17& n in Add($ 425, 205). t I 1 rr:^. new rwsl. e eressnasa Resat OppmUmMes B lmeafimme, LLC i TO: SNOWMASS VILLAGE TOWN COUNCIL FROM: RUSS FORREST, TOWN MANAGER SUBJECT: MANAGER'S REPORT DATE: SEPTEMBER 14, 2009 Proposed 2010 Budget Schedule: September 16th, FAB review October 7th meeting with Town Council and Staff to review at 8:00 a.m. or 9:00 a.m. to 4:00 p.m. or 5:OOp.m. October 19th First Reading of Ordinance for 2009 Revised Budget and Resolution to approve 2010 Budget November 2ntl Second Reading of Ordinance for 2009 Revised Budget December 14th Special Town Council Meeting to approve the Mill Levy Ex- Officio Member Marketing, Group Sales and Special Events Board Council requested that the Town Manager update them on the status of the Related Marketing, Groups Sales and Special Events Board (MGSE) seat. Ordinance No. 6, Series of 2007 allows the appointment of an Ex-Officio Member to the MGSE Board stating: "One ex-officio member of the Board to be appointed by the Town Council to represent the ongoing development business in the Town. Said ex-officio member of the MGSE Board shall be a nonvoting member but shall enjoy all other rights of Board membership, including the right to be present during executive sessions of the Board. Following the completion of the initial term of office, each succeeding term shall be for three (3) years. Each member of the MGSE Board shall regularly and promptly attend all scheduled meetings to the extent practicable. In the event any member of the Board is consistently late for commencement of a scheduled meeting, or absent from two (2) consecutive regularly scheduled meetings without the prior approval of a majority of all the other member of the Board, such action shall be considered misfeasance of office and shall constitute grounds for removal." Pending Strategic Actions Last Updated —September 1, 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 John Dresser Demolition Council asked that an ordinance be prepared October 19, 2009 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. Jason Tree Ordinance Frame goals and provide alternative October 19, 2009 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 proposal from Design Workshop. No funding is currently appropriated for this project. Housing Housing Lottery/ The Housing Committee has received September 14, 2009 Department Guidelines direction from Council on housing policy issues to review. They had an initial discussion with Council on July 27h to the discuss lottery process. The Council asked that a follow-up discussion be scheduled. Housing Housing Policy The consultant has completed a rational Department nexus study and can begin to work with the Council has asked Town on a new housing policy. The Planning that this occur after Commission is also reviewing housing goals the Council as part of the Comp. Plan review. Staff will completes review of schedule two agenda items based on the input Comp. Plan or at from Council on October 6 (these could be on least the housing the same dates) which would be 1) policy chapter. discussion to modify the current land use code related to affordable housing; and 2) a review of deed restriction policy. Housing Excise Tax Schedule a work session to discuss the October 19, 2009 Excise Tax and its application Joe C Natural Disasters On 11/3 Council asked that staff further October 19, 2009 Terri and Cost evaluate criteria for allowing some costs from Everest) Recovery in Deed property damage incurred by natural disasters Restricted For in deed-restricted homes to be recovered Sale Housing upon the resale of the home. Examples of criteria discussed included: cap on recovery based on a % (percent) value of the home and requirements.for comprehensive insurance. Budget/Finance Finance Monitoring Staff will provide the next comprehensive Staff received Department Revenue financial update for 2009 as part of the feedback at the discussions for the 2010 budget. Community Picnic on August 14'h. Environment/SustainabilitV Jason Haber Review of REOP On October 20, 2008, Council passed a November 2, 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. 4th DRAFT SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING OCTOBER 5, 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 — SNOWMASS CLUB EMPLOYEE HOUSING 60 minute) Consideration of a Minor PUD Amendment concerning a proposed employee housing unit at the Snowmass Club. 1ACTION REQUESTED OF COUNCIL: Provide directives to staff in preparing an ordinance with findings and conditions for consideration at a subsequent meeting. (Continued from August 17, 2009 Meeting) Jim Wahlstrom ...................... Page (TAB ) Item No.5: FIRST READING — ORDINANCE NO. 11. SERIES OF 2009 STONEBRIDGE CONDOMINIUMS MINOR AMENDMENT TO A FINAL PUD Time: 75 minutes) ACTION REQUESTED OF COUNCIL: Approve, modify, or deny the First Reading of Ordinance No. 11, Series of 2009 Bob Nevins Item No. 6: FIRST READING — ORDINANCE NO. 8, SERIES OF 2009 GENERAL OFFENCES Time: 15 Minutes) ACTION REQUESTED OF COUNCIL: Approve, Modify or Deny First reading of Ordinance No. 8 Series of 2009 Art Smythe Item No. 7: COMPREHENSIVE PLAN Time:45 minutes) 10-05-09 TC Agenda Page 2 of 2 ACTION REQUESTED OF COUNCIL: Review the final draft of the Comprehensive Plan. Comp Plan Team (Russ Forrest, Chris Conrad, Lesley Compagnone, Jason Haber, David Peckler) Page (TAB ) Item No, 8: REOP UPDATE Time: 30 minutes) ACTION REQUESTED OF COUNCIL: Provide Town Council with an update on the REOP program. Jason Haber Item No. 10: MANAGER'S REPORT Time: 10 minutes) Russell Forrest.......................... Page (TAB--) Item No. 11: AGENDA FOR NEXT TOWN COUNCIL MEETING Page (TAB--) Item No. 12: APPROVAL OF MEETING MINUTES FOR: Page (TAB--) Item No. 13: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS Page (TAB--) Item No. 14: ADJOURNMENT NOTE: Total time estimated for meeting: Approximately 1 hour and 30 minutes (excluding items 1-3 and 7 —10) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. I SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 JULY 20, 2009 4 5 Mayor Bill Boineau called to order the Regular Meeting of the Snowmass Village Town 6 Council at 4:30 PM. 7 8 Item No. 1: ROLL CALL 9 10 COUNCIL MEMBERS PRESENT: Mayor Bill Boineau, Reed Lewis, and Markey 11 Butler 12 13 COUNCIL MEMBERS ABSENT: John Wilkinson and Arnold Mordkin were 14 absent 15 16 STAFF PRESENT: Russ Forrest, Town Manager; Hunt Walker, 17 Public works Director; David Peckler, 18 Transportation Director; Donna J. Garcia- 19 Spaulding, Deputy Town Clerk; Marianne 20 Rakowski, Finance Director; Doug Goldfluss, I. T. 21 Specialist; Beth Albert, Sr. Marketing Manager; 22 Chris Conrad, Planning Director; Jim Wahlstrom, 23 Senior Planner; and Kiesha Techau, Group 24 Sales Coordinator 25 26 PUBLIC PRESENT: Michael Kaplan, David Perry, Steve Sewell, Ann 27 Larsen, Scott Stedman, Steve Alldredge, Don 28 Schuster, Bob Kaufman, Dave Belleck, Randy 29 Woods, Patrick Rawley, Bryan Peterson, Jeanne 30 Woods, Regina de Wetter, Robert de Wetter, 31 Stan Clauson, and other members of the public 32 interested in today's Agenda items. 33 34 Item No. 2: PUBLIC NON-AGENDA ITEMS 35 36 There was nothing for discussion at this time. 37 38 Item No. 3: COUNCIL UPDATES 39 Local Couple Interested in Opening New Business 40 Council Member Lewis reported that he received some disturbing news from a couple 41 wanting to open up a new business at the Snowmass Mall. He stated that one of the 42 landlords told them that there was not room for their business and later were told that 43 the Town did not encourage new competition at the Mall. Lewis made it clear that the 44 Town staff and Town Council welcome new businesses with open arms. Lewis 45 commended the Deputy Town Clerk Donna Spaulding for the positive conversation she 46 had with this entity. The Town Manager Russ Forrest stated "yes, we welcome new 47 business in Snowmass Village." 48 07-20-09tc Mins. Page 2 of 9 1 Mayor Boineau clarified that the Mall landlords have an agreement with existing 2 businesses that they will not approve of similar type businesses at the same time and 3 that Town staff is not involved with mall agreements. 4 5 Item No. 4: REQUEST TO APPROPRIATE $50,000 FROM MARKETING RESERVE 6 FOR INCREMENTAL EVENTS FOR SUMMER SEASON 7 8 The Town Senior Marketing Manager Beth Albert reported that working within a 20% 9 strategic budget for the year meant making strategic decisions regarding what to cut. 10 Events which do not tend to bring visitors to town for overnight stays were reduced. The 11 popular Thursday Night Concerts were reduced from nine events to six. 12 13 Albert reported that the Merchants have concerns with not having enough activities to 14 help them get through this tough summer. Mall merchants and Base Village merchants 15 held a brainstorming meeting on June 26, 2009 to increase vitality and discussed 16 promotions to bring more people to Snowmass for shopping and dinning experiences. 17 The Marketing Department held a follow-up meeting with merchants on July 8, 2009. 18 19 Albert reported that the Marketing Department is requesting permission to tap into the 20 Marketing Reserve to execute a balanced merchant and node-based plan. The reserve 21 is $316K (10% of sales tax revenue) set aside for a rainy day and it seems to be a 22 raining. She reported that using $50K of the reserve at this time would leave $266K in 23 the reserve, which is seemingly a reasonable enough number to help weather future 24 storms. 25 26 In response to an inquiry by the Town Council, Albert reported that the Savor 27 Snowmass event held on July 11th was a success and a different crowd came out 28 including the local residents and second homeowners. The retail businesses gave so 29 much away in an effort to make this new event work, the vitality was great and the 30 Marketing Department plans to try it again next year as a one day event. 31 In response to an inquiry by Mayor Boineau, Albert explained that the Family Fun 32 Saturdays in Snowmass is a new event geared toward families. 33 34 After further discussion, Council Member Lewis made the motion to approve the request 35 to appropriate $50K from the Marketing budget's reserve to the summer events, 36 seconded by Council Member Butler. The motion was approved by a vote of 3 in favor 37 to 0 opposed. Council Members Mordkin and Wilkinson were absent. 38 Voting Aye: Mayor Bill Boineau, Reed Lewis and Markey Butler. 39 40 Voting Naye: None. 41 42 Item No. 5: UPDATE FROM ASPEN SKIING COMPANY - SUMMER AND WINTER 43 OPERATIONS 44 45 Aspen Skiing Company (ASC) Representatives David Perry and Mike Kaplan provided 46 Council with a PowerPoint presentation and recapped how things went this past year. 47 07-20-09tc Mins. Page 3 of 9 1 Mike Kaplan stated that they knew it was going to be a challenge. As they got into fall 2 and early winter they found that destination resorts were the most at risk resorts. At the 3 end of the year Kaplan stated that the community pulled together and survived the 4 global credit crisis quite well. He stated that they are extremely frustrated with the delay 5 of the Little Nell and Arrival Center and are engaged in daily meetings with the lenders 6 and Related WestPac on how to move forward. He stated "however, it is important to 7 reflect on what we have accomplished, including the Tree House, Sam's Knob 8 Restaurant, Apr6s Ski, Town Park, Town Hall facilities, and the Viceroy Hotel coming on 9 line for this fall." Lastly, Kaplan reported that the Ullrhof owner, Dan Branch is no longer 10 the lease holder and they are working out specific issues for ASC to have the Ullrhof 11 Restaurant operational for the winter season. 12 13 David Perry presented Council with a presentation of the 2008/09 Business & Research 14 Summary. 15 16 In response to an inquiry by Mayor Boineau Sewell stated that it would be very 17 beneficial if the Town shifted funds from the Burlingame Lift for use on the Sam's Knob 18 six pack or Elk Camp Gondola or the Village Express. 19 20 David Corbin provided Council with an up-date on the planning and developments ASC 21 is involved with and reported that they are seriously looking at Elk Camp with focus 22 geared towards a menu of summer and winter activities. Their timing revolves around 23 the Lift usage, with an obligation to run the Burlingame Lift into 2010. After Building 13A 24 & B is granted its Certificate of Occupancy the Town has the opportunity to ask ASC to 25 run the Elk Camp Gondola for summer use, which activates the three-year obligation to 26 run the lift. 27 28 In response to an inquiry by Council Member Butler, Corbin stated that there have not 29 been any modifications to the Review Guidelines, since the Forest Service formalized a 30 review process. Corbin reported that the other advancement is with the design and the 31 consideration is the conceptual drawings are tied to the ski school facility and the 32 gondola maintenance facility because the design theme is the same and the Forrest 33 Service has approved and accepted that design. Corbin reported that the Burnt 34 Mountain lawsuit is still pending. Dave Belleck clarified that a Motion for Summary 35 Judgment was filed by both side with the District Court for the District of Columbia and 36 the motions are fully briefed, argued and are waiting for the Judge's decision. 37 38 NOTE: Council took a 10-minute break and reconvened at 6:00 p.m. 39 40 Item No. 6: WINTER 2009-2010 PARKING PLAN 41 42 The Transportation Director David Peckler provided Town Council with background 43 information relating to the Winter 2009/2010 Parking Plan. He stated that the 44 Transportation and Police Departments met with ASC staff to review the proposed 45 parking plan for next winter. He reported that the ASC expects the day parking to 46 continue in Lot C and the parking structure to have roughly 228 parking spaces 07-20-09tc Mins. Page 4 of 9 1 available for increased commercial uses and day skier parking. Mr. Peckler provided 2 Town Council with a list of issues and recommendations. 3 4 The goals of the parking agreement relative to the Comprehensive Plan 5 and Ordinance No. 9, Series of 1994 (the approval of the ski area 6 expansion onto Burnt Mountain), 7 The distribution of parking within the community and the cap on day use 8 parking of 2,425 spaces (Core Area = 1,375; Two Creeks = 400 and 9 Town Park = 650), 10 ! Descriptions of the various permits that allow access to public parking 11 spaces and their respective prices, 12 Staffs recommendation to keep the Rodeo Lot free for the winter in case 13 the Town decides to charge for parking in that location and related 14 consequences, 15 The regulation of what permit types are allowed in a specific parking lot, 16 The duration of the parking enforcement in the Numbered Lots, and 17 The designation of the management and maintenance responsibilities of 18 the Town, Base Village and the ASC in the operation of the parking 19 system. 20 21 Peckler referred Town Council to packet pages 13 through 15, which talks about review 22 of parking at the Town Park lot from winter 2004/05 to 2008/09 and paid or free parking 23 at Town Park. He stated that the applicable regulations of a couple of years ago were 24 changed under the Town's Municipal Code which gave the Transportation Director the 25 authority to set the permit pricing on a yearly basis. Relating to the Agreement, Peckler 26 referred Town Council to packet page 10, paragraph 6 and recommended that variable 27 pricing of Day Skier permits will generally be between $10 and $15 (up to $20 Day Skier 28 permits) be amended to $25.00. 29 30 Town Council, staff and the Applicants then discussed particulars relating to the Rodeo 31 Lot and RFTA regional services. Council Member Butler stated that she "cannot 32 support the notion of charging at the Rodeo lot if we don't see an improvement or 33 increase in service out of RFTA coming out of the Intercept Lot. 34 35 Peckler referred Town Council to Packet page 17, which addressed the Rodeo 36 operational cost analysis. After further discussion relating to charging at the Rodeo Lot, 37 Council consensus was not in support of this. 38 After further discussion, Council Member Lewis made a motion to approve the staff 39 recommendation, seconded by Council Member Butler. The motion was approved by a 40 vote of 3 in favor to 0 opposed. Council Members Mordkin and Wilkinson were absent. 41 42 Voting Aye: Mayor Bill Boineau, Reed Lewis and Markey Butler. 43 44 Voting Naye: None. 45 07-20-09tc Mins. Page 5 of 9 1 Item No. 7: CONTINUATION OF PUBLIC HEARING AND SECOND READING - 2 ORDINANCE NO, 9, SERIES OF 2009 -SNOWMASS CHAPEL 3 4 NOTE: Mayor Boineau opened the Public Hearing at 6:33 p.m. 5 6 The Town Senior Planner Jim Wahlstrom stated that the purpose of today's meeting is 7 to open the continued Public Hearing and consider public comments on Ordinance No. 8 9, Series of 2009 and associated plans and agreements; to review any remaining core 9 issues or outstanding concerns; and to determine if the updated or modified language in 10 the agreements along with the findings, conditions and action sections in the ordinance 11 are consistent with Town Council's edits at the July 6, 2009 meeting. 12 13 Snowmass Chapel Board Chairman 14 Jim Light stated that judging from the last Town Council meeting that all four Council 15 Members seemed to be very positive. He inquired if there is anybody here who is 16 uncomfortable with the Chapel and would be happy to defer for another couple of 17 weeks. 18 19 Mayor Boineau stated that it was a concern in his mind when the Town needs a full 20 Council present. Having said this, Mayor Boineau deferred further discussions to the 21 August 3, 2009 Town Council meeting. 22 23 Second Homeowner, Marsha Donell 24 Donell stated that she is dis-enchanted with the length of time this application has 25 taken, the costs involved and negativity coming from the community. She stated that 26 she hopes that we get it passed with a full Council Board. 27 28 The Mayor and Jim Light discussed whether there is a need for the chapel expansion 29 and both determined that "Yes, there is a need." 30 31 Council Member Butler directed staff to provide her with a copy of the Needs Analysis 32 for her to review and stated that she likes the proposal presented today. 33 Council further directed the Applicant to go through the Subdivision Improvements 34 Agreements and iron out any differences that staff addressed during today's meeting 35 and to plan for larger trees as a buffer between the building and the knoll area. 36 37 There being no further discussion, Mayor Boineau continued the Public Hearing to the 38 August 3, 2009 Town Council meeting, when there will be a full Town Council. 39 40 NOTE: Town Council took a 5-minute break and reconvened at 7:35 p.m. 41 42 Item No. 8: RESOLUTION NO. 14, SERIES OF 2009 - SNOWMASS CHAPEL 43 44 Mayor Boineau continued further discussion of Resolution No. 14, Series of 2009 to the 45 August 3, 2009 Town Council meeting. 46 47 Item No. 9: RESOLUTION NO. 15, SERIES OF 2009 - SNOWMASS CHAPEL 07-20-09tc Mins. Page 6 of 9 1 2 Mayor Boineau continued further discussion of Resolution No. 15, Series of 2009 to the 3 August 3, 2009 Town Council meeting. 4 5 Item No. 10: CONTINUATION OF PUBLIC HEARING, DISCUSSION AND 6 RESOLUTION NO. 18, SERIES OF 2009 Consideration of accepting an 7 amendment submitted June 29, 2009, for subsequent referral, review and 8 action, to the previously submitted re-zoning to 'Multi-Family' (MF) and a 9 revised Minor Preliminary Planned Unit Development and Amendment 10 regarding the proposed Snowmass Club Circle development project. 11 12 NOTE: Mayor Boineau opened the Public Hearing at 7:40 p.m. 13 14 The Town Senior Planner Jim Wahlstrom reported that on June 29, 2009 staff received 15 an amendment from the Applicant on the Club Circle development project for 16 subsequent referral, review and action to the previously submitted re-zoning to Multi- 17 Family and a revised Minor Preliminary Planned Unit Development and Amendment 18 regarding the proposed Snowmass Club Circle development project. Wahlstrom stated 19 that the purpose of today's meeting would be to determine whether or not to accept the 20 proposed amendment for a duplex in lieu of a triplex pursuant to the criteria established 21 within the Municipal Code. He referred Council to packet pages 202 and the top of 22 packet page 203 outlining the Code language regarding acceptance, denial or 23 remanding an amendment. 24 25 Stan Clauson of Clauson Associates, Inc. and S. R. Mills of Bear Realty provided 26 Council with a PowerPoint presentation depicting the project comparisons, distance to 27 the neighbors and site plan with water features. Clauson reported that Stan Clauson 28 Associates, Inc. represents Bear Realty in connection with its Preliminary Plan 29 Application for a Planned Unit Development (PUD) of the property located at 300 30 Snowmass Club Circle. On behalf of Bear Realty, Stan Clauson Associates, Inc. is 31 requesting that the Preliminary Plan application be amended to provide for the 32 construction of a residential duplex. This request would amend the previous application, 33 which provided for the construction of three residential units. In an effort to assist the 34 Town Council in their review of the Applicant's request for amendment they included a 35 modified floor plan, modified site plan and landscape treatment, building elevations, 36 view simulations, and supporting site and development measurements. 37 38 Mayor Bill Boineau stated that he believes the Applicants have come a long way and he 39 is more comfortable with the height comparison analysis presented today. 40 After further discussion, Council Member Butler made a motion to accept the 41 amendment as presented today within Resolution No. 18, 2009 with set conditions and 42 remanded the plans back to the Planning Commission as stated within Option No. 2, 43 seconded by Mayor Bill Boineau. The motion was approved with 3 in favor and 0 44 opposed. Council Members Wilkinson and Mordkin were absent. 45 07-20-09tc Mins. Page 7 of 9 1 Voting Aye: Mayor Bill Boineau, Markey Butler and Reed Lewis. 2 3 Voting Naye: None. 4 There being no further discussion, Mayor Boineau closed the Public Hearing at 7:50 5 p.m. 6 Item No. 11: MANAGER'S REPORT 7 8 Aspen School District Housing Proposal 9 The Town Manager, Russ Forrest reported that he and the Planning Director attended a 10 site visit to the Aspen School District Housing Board on July 13tH. During this meeting 11 the Board presented feedback to the design team and stated that they do have a desire 12 to continue working with the Town. Forrest stated for the Record that he received a 13 letter from the Aspen School District Housing Board, which he forwarded to the entire 14 Town Council. The Board will be meeting either the second or third week in August to 15 follow-up on direction they gave to the design team and from there an 16 Intergovernmental Agreement (IGA) would be presented for Council's review for a joint 17 meeting between Town Council and the Planning Commission. 18 19 In response to an inquiry by Mayor Boineau, Forrest stated that the new owners have 20 asked the occupants to vacate the premises for demolition purposes. 21 22 Rodeo Event/Additional Parking for the Winter 23 Forrest reported that he has received a few calls on what is happening in front of the 24 Rodeo. He reported that the Aspen Skiing Company (ASC) has offered to pay for gravel 25 and additional improvements to create additional parking between the rodeo event 26 arena and Brush Creek Road if the Town elects to provide free parking for the 27 2009/2010 winter season at that location. He stated that staff has met with the Rodeo 28 organizers and they have asked to keep this area as an exercise/warm up area for 29 rodeo riders for the summer season. If parking remains free for the coming season staff 30 would turn this area between the Rodeo event and Brush Creek into a parking area 31 using the contribution from the ASC. Lastly, he reported that staff is looking into the 32 costs involved with putting in a split rail fence to clean the site up. 33 34 Water and Sanitation District 35 Forrest reported that the Water and Sanitation District has begun a project at Fairway 36 Road transitions into Ridge Road and they have advised adjacent property owners that 37 they started the project today and will continue for as long as August 24, 2009. 38 39 40 Coordinated Election 41 Forrest reported that the Town just received a notice from the County of a coordinated 42 election scheduled for November V. He stated that staff would need to draft a letter 43 within the next four days informing the County that TOSV wants to participate and so far 44 this Town Council has not requested anything be put on the ballot. 45 07-20-09tc Mins. Page 8 of 9 1 E.O.T.C. Meeting 2 Forrest stated that a reminder letter would be sent out in the near future for a meeting 3 scheduled on Thursday, August 6th at the Silvertree Hotel, with Northwest COG 4 beginning at 9:00 and ending by 3:00 p.m. 5 6 Item No. 12: AGENDA FOR NEXT TOWN COUNCIL MEETING 7 8 July 27, 2009 Town Council Meeting 9 The Town Manager reported that the Housing Committee has recommendations 10 regarding the next lottery for Town Council to consider on the July 27, 2009. 11 12 August 3, 2009 Town Council Meeting 13 Russ Forrest reported that the Chief of Police is out of Town for this meeting and has 14 requested that the Krabloonik item be bumped. Forrest reported that Dan MacEachen, 15 Owner of the Krabloonik is prepared to facilitate a one-on-one tour of the animal facility 16 and has requested a 24-hour courtesy call. Forrest reported that the Snowmass Village 17 Police Department has nearly completed a summary of mushers around the country 18 relating to policy on tethering and exercise of sled dogs and staff is confirming that we 19 will have someone from the State present, who regulates these types of issues. 20 21 Council Member Butler requested that staff provide Town Council with a copy of all the 22 surrey/inspection reports. Butler reported that she will be on vacation in Poland and will 23 not be available for the August 15, 2009 Town Council meeting. 24 25 After further discussion, the Krabloonik item was bumped to the August 15, 2009 Town 26 Council meeting and the Chapel item was moved to August 3, 2009 meeting. 27 28 Letter of Default Issue 29 The Town Manager reported that follow-up discussion is scheduled for the August 15, 30 2009 Town Council meeting as the Town Attorney is reviewing details relating to the 31 letter of Default that was sent to Related WestPac, which gave them 14 days to cure it. 32 Forrest further reported that the insurance company is coming out this week with a 33 Warranty Bond on Building 7 and other road improvements on Carriage Way. He stated 34 that the interest is with the sealant issue and more discussion is necessary concerning 35 how to proceed. The Town will probably be presented the option of whether or not to 36 begin the process of having the improvements on Building 7 built or the option to create 37 a permanent Building 7 if this is applicable. 38 39 Mayor Boineau requested that Town Council have the opportunity to look at all the 40 options, since the desire was to get Building 7 in place. Forrest stated that his 41 recommendation would be to preserve the ability to require the insurance company to 42 build what was committed to under the warranty and the timing of this is up to Council 43 for consideration. 44 45 Item No. 13: APPROVAL OF MEETING MINUTES FOR MAY 18. 2009 46 07-20-09tc Mins. Page 9 of 9 1 Council Member Reed Lewis made the motion to approve the meeting minutes for May 2 18, 2009, seconded by Council Member Butler. 3 Council Member Butler requested a correction to page 2 of the May 18, 2009 minutes 4 stating that she did not participate during the Planning Commission review of the 5 application. 6 7 Council Member Lewis requested a correction to the spelling of Hunter O'Haney's name 8 to Hunter O'Hanian. 9 There being no further discussion, the vote passed unanimously with 3 in favor and 0 10 opposed. Council Members Wilkinson and Mordkin were absent. 11 12 Voting Aye: Mayor Bill Boineau, Reed Lewis and Markey Butler. 13 14 Voting Naye: None. 15 Item No. 14: COUNCIL COMMENTS/COMMITTEE REPORTS/CALENDARS 16 17 Nothing more to discuss. 18 19 Item No. 15: ADJOURNMENT 20 21 Council Member Lewis made the motion to adjourn the Regular meeting of July 20, 22 2009, seconded by Council Member Butler. The motion was approved by a vote of 3 in 23 favor to 0 opposed. Council Members Wilkinson and Mordkin were absent. 24 25 Voting Aye: Mayor Bill Boineau, Reed Lewis and Markey Butler. 26 27 Voting Naye: None. 28 Respectfully Submitted By: 29 30 Donna J. Garcia-Spaulding, CMC 31 Deputy Town Clerk Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 Labor Day SS5 13 14 15 16 17 18 19 Town Council Meeting 4:00 p.m. 8 1 20 21 22 23 24 25 26 27 28 29 30 Town Yom Kippur Council begins Meeting 4:00 p.m. Meeting Canceled Yom Kippur 1 1 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 Town Council Meeting 4:00 p.m. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Town Council Meeting 4:00 p.m. 25 26 27 28 29 30 31 Halloween l Paul C. Benedetti 2730 MIT Street Attorney at Law Telephone:(303)499-6340 Boulder, Colorado 80307-3138 Fax: (303)499-6408 Email:paul.bencdetti@comcast.net URBAN RENEWAL AUTHORITY AND URBAN RENEWAL PROJECTS Caution: This is an outline only. It is not intended to be legal advice and may not be relied upon for such purposes. This outline does not contain all of the statutory provisions and case law applicable to urban renewal authorities and urban renewal plans. Please consult the statute for more information and your legal counsel for legal advice. Thank you. I.Formation of Urban Renewal Authority[31-25-104, C.R.S.I A. A petition stating a need for URA to function in the municipality signed by at least 25 electors of the municipality must be filed with clerk of the municipality. B. Clerk publishes notice of time,place, and purpose of public hearing at which the governing body of municipality will determine the need for the URA. Notice published at least 10 days prior to date of public hearing in newspaper of general circulation in municipality. If there is no newspaper by posting the notice in at Cleast three public places at least 10 days prior to the hearing. C. Full opportunity to be heard granted to all residents, taxpayers, and other interested persons at public hearing. D. After the hearing, the governing body may adopt a resolution finding: 1. One or more slum or blighted areas exist in the municipality. 2. The acquisition, clearance,rehabilitation, conservation, development,or redevelopment, or combination thereof of such area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality. 3. It is in the public interest that the URA for the municipality exercise the powers granted by statute. E. If the governing body adopts a resolution denying the petition, a new petition may be considered if 6 months have elapsed after denial of the original petition. . 11. Commissioners A. Governing body may designate itself as the URA at time of establishing the URA. A transfer of an existing URA may be accomplished only by a majority vote at a regular general election. [31-25-115, C.R.S.] B. The mayor may appoint an odd number of commissioners of not less than 5 or more than 11 members. The mayor shall designate the chair for the first year. 1. The appointments are subject to approval by the governing body. 2. Under this procedure, not more than one commissioner may be an official of the municipality. The term of such official is not affected by the expiration of the term of his or her municipal office. 3. The commissioners first appointed shall be designated to serve for staggered terms so that the term of at least one commissioner will expire each year. Thereafter the term shall be 5 years. A commissioner serves until a successor has been appointed and qualified. 4. A majority of the commissioners constitute a quorum. S. The mayor files a certificate of the appointment or reappointment of any commissioner with the clerk of the municipality. C. After appointment, the commissioners sign a certificate stating that the governing body has made the findings regarding formation of the URA and has appointed them as commissioners. The certificate is filed with the Division of Local Government in the Department of Local Affairs. D. Upon filing of the certificate with DOLA, the commissioners and their successors are constituted an urban renewal authority. E. A commissioner receives no compensation for serving, but may be reimbursed for expenses, including travel, incurred in discharge of duties. F. After the first year and annually thereafter or when the office becomes vacant, the commissioners select a chair and vice-chair and it may employ a secretary,who shall be executive director, and other officers, employees, or agents. G. A commissioner, officer, or employee of the URA may not acquire any interest in any property or contract in connection with any urban renewal project. Upon disclosure of such an interest the commissioners may make a determination that the conflict will not be contrary to the public interest. H. The mayor, with the consent of the governing body, may remove a commissioner for inefficiency, neglect of duty, or misconduct in office. 2 I.By statute, an urban renewal authority is an independent corporate body. 1. The Colorado Sunshine Act applies to urban renewal authorities. 3. URA is exempt from Article X, § 20 of Colorado Constitution(TABOR). III. Powers and Duties of URA [31-25-105, C.R.S.] A. The URA has all powers necessary to carry out provisions of UR law. B. URA may sue and be sued, and have perpetual succession(unless terminated under 31-25-115, C.R.S.). C. Carry out urban renewal plans and to enter into contracts necessary and convenient to act in accordance with the Colorado UR Law. D. Staffing- separate or contract with municipality E. Buy property- URA has the power of eminent domain if specifically authorized by the governing body. F. Sell property pursuant to reasonable competitive bidding requirements for sale or Cdisposition to private parties. Enter into redevelopment agreements. IV. Blight Designation 132-25-103, C.R.S.I A. At least 4 of the following conditions must be present- 5 if eminent domain is authorized by the governing body. 1. Slum, deteriorated or deteriorating structures. 2. Predominance of defective or inadequate street layout. 3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. 4. Unsanitary or unsafe conditions. 5. Deterioration of site or other improvements. 6. Unusual topography or inadequate public improvements or utilities. 7. Defective or unusual conditions of title rendering the title nonmarketable. 3 8. Conditions that endanger life or property by fire or other causes. 9. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities. 10. Environmental contamination of buildings or property. 11. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites,buildings, or other improvements. B. If there is no objection by the property owners or tenants to the inclusion of property in the UR area only one of the above factors is necessary. C. Any condition found to be present may satisfy as many of the above factors as are applicable to such condition. D. The presence of such factors must be found to substantially impair or arrest the sound growth of the municipality, retard the provision of housing accommodations, or constitute an economic or social liability, and is a menace to the public health, safety, morals, or welfare. E. Upon approval of an urban renewal plan, the plan becomes controlling with respect to land area, land use, design, building requirements, timing, or procedure applicable to the property covered by the plan. F. A substantial modification of an adopted urban renewal plan requires the same procedural steps as for approval of the plan. After the URA has sold or leased real property, however, the right to modify the plan is subject to the legal and equitable rights of the lessee or purchaser and their successors. V. Urban Renewal Plans [31-25-107, C.R.S.] A. URA is required to give written notice to property owners in area within 30 days of commissioning a study to determine if area is blighted for the purpose of approving an UR Plan. Governing body finds and declares that plan area boundaries are drawn as narrowly as feasible to accomplish the planning and development objectives of proposed UR area. B. Plan requirements and contents. 1. Must conform with the comprehensive plan. 4 2. Must be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes,if any, land uses, maximum densities, building requirements, and relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. [31-25-103, C.R.S.] C. Proposed plan must be submitted to planning commission for review and recommendations as to conformance with comprehensive plan. D. Notice of public hearing must be published at least 30 days prior to date of hearing. Notice must describe time, date,place,purposes of hearing, and generally outline the proposed urban renewal plan. E. Written notice of the public hearing must be given to all property owners, residents and owners of business concerns in the proposed urban renewal area at their last known addresses at least 30 days prior to the public hearing. F. The proposed plan and impact report that conforms with Section 31-25-107(3.5), C.R.S. must be submitted to the county at least 30 days prior to the hearing on the C Plan. At public hearing, county may present evidence that proposed development in urban renewal area will create a need for additional county infrastructure and services - sharing of TIF is authorized. If disagreement an arbitration procedure is set out in the statute. [Section 31-25-107(11), (12), C.R.S.] G. I£TIF financing is included in the plan, the school district that includes the urban renewal area must be consulted. H. If relocation is required, a feasible method exists for the relocation of individuals and families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families. I.If relocation is required, a feasible method exists for the relocation of such business concerns in the Urban Renewal Area or in other areas that are not generally less desirable with respect to public utilities and public commercial facilities. J.The plan must afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise. 5 K. The plan must be approved within 120 days since the commencement of the first public hearing on the Plan. L. If property in urban renewal area was included in a proposed urban renewal plan that was not approved, at least two years must have elapsed since the commencement of the prior public hearing concerning such unapproved plan. M. If urban renewal area consists of open land, special findings are required. N. Additional findings are required if the governing body authorizes the use of eminent domain. O. If the urban renewal plan contains language implementing the statutory TIF provisions, the municipality is required to notify the assessor of that fact. State regulations require delivery to the assessor of a copy of the adopted plan, the resolution or ordinance approving the plan, and a map of the urban renewal area if TIF is part of the plan. VI. Tax Increment(TIF) Financing r31-25-107(9), C.R.S.I. A. The urban renewal plan may contain statutory language dividing the property tax assessment roll and allocating future revenues in the urban renewal area(or an area later added to the area) for up to 25 years as follows: 1. The total assessed value in the urban renewal area as last certified by the county assessor is established as the base value, and taxing bodies levying taxes in the urban renewal area receive the revenues produced by levy against the base value, as adjusted from time to time as a result of general reassessments. 2. The revenues produced by levy of the taxing bodies against increases in assessed value are allocated to the urban renewal authority to pay indebtedness incurred by the authority in carrying out the urban renewal project described in the plan. B. The plan may also contain language allocating for 25 years all or a portion of the municipal sales taxes collected in the area in excess of the total for the 12 months prior to adoption of the urban renewal plan. C. The governing body of the municipality or the urban renewal authority may enter into an agreement to offset the costs of any additional county infrastructure or services necessary to offset the impacts of the urban renewal project. If the county objects to the use of TIF it may employ an arbitration proceeding(as its sole 6 remedy) to require a sharing of revenues where it can compel such sharing if it can demonstrate additional county infrastructure or costs are required as a result of the project. D. Upon a general reassessment of taxable property or a change in the sales tax percentage levied by the municipality, both the base value and TIF value and the sales tax allocation between the city and the URA are required to be proportionately adjusted in accordance with the assessment or change. E. The TIF mechanism is one of allocation only. 1. Tax rates are not increased. 2. Property taxpayers receive the tax bill they would normally receive and pay at the same rates as other taxpayers. 3.Sales taxpayers pay the same rates of sales tax. 4. Once paid,property taxes are allocated so that each taxing body obtains the product of its tax rate times the base value as calculated each year by the assessor.- 5. The URA receives the total of all taxing agency tax rates times the TIF value, if any, and any incremental sales taxes, if made available by the municipal governing body. F. An urban renewal authority may not itself levy taxes [31-25-113, C.R.S.] or compel any public body to levy taxes.[31-25-107(9)(c), C.R.S.] VII. Plan Implementation. A. Implementation of comprehensive plan, zoning, design standards, land use and building requirements and policies. B. Financing and constructing public infrastructure- such as streets, sidewalks, utilities, traffic improvements, parking facilities, traffic improvements, flood and drainage control improvements, and parks. C. Land acquisition/disposition. 1. Voluntary acquisition of property. If eminent domain is used, special provisions not covered in this outline must be implemented. 7 2. Land disposition [31-25-106, C.R.S.] a.The URA may dedicate real property to public use, with or without compensation, if the public use is consistent with the urban renewal plan. b. A reasonable competitive bidding procedure required for disposition to a private party. The authority can follow statute or adopt its own. C.URA may invite proposals by publishing invitation for proposals in newspaper of general circulation once each week for two consecutive weeks. d. An authority may dispose of real property for fair value (not fair market value) taking into account the uses provided in the urban renewal plan; the restrictions upon the land and the purchaser; the covenants, conditions, and obligations assumed by the purchaser or lessee; and the objectives of the plan. D. Rehabilitation and Redevelopment Agreements with private developers. E. Cleanup of contaminated and property, demolition, and site preparation. VIII. Cooperation with Other Public Bodies 131-25-112, C.R.S.I• A. In the planning and execution of urban renewal projects,public bodies are authorized to cooperate with the URA. 1. Selling, leasing, or donating property to the URA. 2. Providing public improvements 3. Planning or replanning and zoning or rezoning all or part of the urban renewal area, or to make exceptions from applicable building regulations. 4. Providing various kinds of financial aid. B. A public body means the State of Colorado or any municipality, quasi-municipal corporation,board, commission, authority, or other political subdivision or public corporate body of the state. 8 TI F CHART CDC M CD c. TIF Assessed Valuauon CD• Base Assessed Valuation Base Year Time 25 years INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SNOWMASS VILLAGE AND THE ASPEN RE-1 SCHOOL DISTRICT TO ESTABLISH A LAND USE REVIEW PROCESS REGARDING AN EMPLOYEE HOUSING PROJECT PROPOSED BY THE ASPEN RE-1 SCHOOL DISTRICT This INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into this day of 2009, (the "Effective Date") by and between the TOWN OF SNOWMASS VILLAGE (the "Town"), a Colorado home rule municipality , and the ASPEN RE-1 SCHOOL DISTRICT, (the "School District") (collectively, the Parties"). The subject of this agreement is an employee housing development to be located on property owned by the School District on Owl Creek Road within the Town (the Project"). RECITALS WHEREAS, the Town and the School District are both political subdivisions of the State of Colorado; and WHEREAS, pursuant to C.R.S. § 29-20-105, local governments are authorized and encouraged to cooperate or contract with other units of government; and WHEREAS, the people of the State of Colorado have authorized political subdivisions to cooperate with each other and contract iri matters set out in this Agreement through the Colorado Constitution, Article XIV, Section 18(2)(A), Article XX and Article XI, Section 7; and WHEREAS, the Town wishes to ensure compliance insofar as feasible with the adopted plan of the community as reflected in the Snowmass Village Comprehensive Plan and the Snowmass Village Municipal Code, specifically Section 16A-5-300(c), General Restrictions and Section 16A-5-310, Review Standards; and WHEREAS, the Town and School District desire to cooperate with respect to managing the physical growth of the Town of Snowmass Village, identifying and mitigating impacts caused by the project, and giving its elected officials and citizens the opportunity to read, review, discuss, comment and understand the Project; and WHEREAS, a majority of the electors in the Snowmass Village precincts voted to approve additional School District indebtedness for the purpose of providing affordable housing for District Employees in the School District's bond election in November 2008; and WHEREAS, the Town desires to ensure that the proposed housing for District employees be permanently restricted to remain affordable housing for District employees and not be converted to another form of ownership or use in the future; and WHEREAS, the School District desires to ensure that the proposed housing for District employees be retained in the School District's inventory as affordable, rental housing for the foreseeable future; and WHEREAS, pursuant to C.R.S. § 22-32-110 and 124, the School District has the authority to acquire land and construct necessary buildings and structures. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements made by the parties as set forth herein, the parties agree and contract as follows: ARTICLE I PURPOSE,SCOPE AND TERM 1.1 Pu ose. The purposes of this Agreement are: (1) to provide the framework for a coordinated and expedited land use review process specific to and limited to the development of the Project; (2) to ensure insofar as feasible that the plans and procedures undertaken by the School District are supported by the Town Council, the neighbors and the community; (3) to protect the legal rights of the School District to develop property in an expedient manner; (4) to protect the legal rights of the Town to establish an efficient development review process, provide for participation, protect the quality of life, provide for orderly development of the Town, to implement the Comprehensive Plan insofar as feasible; and (5) to promote the interest of the Town in ensuring that the Project conforms to community development standards insofar as feasible. 1.2 Scope. The terms and provisions of this Agreement shall apply only to the Project. 1.3 Term. The term of this Agreement commences on the Effective Date and shall remain in effect through final completion of the Project, unless terminated by either party in accordance with Section 3.1 of this Agreement. ARTICLE 11 SUBMITTAL ELEMENTS AND REVIEW PROCESS 2.1 Site Plan and Review Elements: The School District shall submit to the Town and the Town shall review the site plan as currently provided in C.R.S. § 22-32- 124. Additionally, the Town and School District agree that the site plan and project submittal shall include the following elements: a) Name, address, telephone number and power of attorney. The applicant's name, address and telephone number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, address and phone number. b) Legal description. The legal description and street address, if such exists, of the parcel on which development is proposed. c) Disclosure of ownership. A cun•ent certificate from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages,judgments, liens, contracts, easements or agreements of record that affect the property. At the Town's option, the holders or owners of such mortgages, judgments, liens, contracts, easements or agreements of record may be required to consent to the application before it is acted upon by the Town. d) Written description. A written description of the proposal and an explanation, in written, graphic or model form. e) Vicinity may. An eight and one-half inch by eleven inch 8%2"x I I") vicinity map locating the subject parcel within the Town. Development plan, which shall include the following: 1. General. The property boundaries of the site, title of the proposed development, date of preparation, bar-type or graphic scale, north arrow (designated as true north) and legal description of the property. 2. Proposed development. The plan shall show the proposed dimensions and locations of all buildings, public and private roadways, existing and proposed utility lines and fire hydrants, service areas, emergency vehicle access areas, parking facilities, pedestrian pathways, trails and use areas, common open areas, public open spaces, public transportation facilities, drainage facilities and detention areas, snow storage/removal areas, trash storage areas and other information necessary to allow detailed review of the project design. Existing and proposed contours shall be shown at two-foot intervals, or less. 3. Topography/Height. The site plan showing both existing topography and proposed grading. Plan shall show both the horizontal and vertical location of driveways, parking areas, walkways, stairs, retaining walls and patios relative to Mean Sea Level Elevation (MSLE). A roof plan showing ridge elevations shall be overlaid on the site plan. MSLE roof ridge heights shall be provided. 4. Surrounding structures. The plan shall depict structures and landmarks within three hundred (300) feet of the site, so as to show the relationship of the proposed development to its surroundings. 5. Chart. The preliminary plan shall contain a chart of proposed land uses by acreage, including the percentage of land coverage by each type of use, together with a detailed listing of the following development parameters: a) Dimensions. Proposed square footage and height of buildings. b) Dwelling units. Proposed number of bedrooms; square footage of dwelling units by type of unit; proposed number of dwelling units per acre. c) Floor area. Proposed maximum allowable floor area FAR). d) Parking. Proposed number of parking spaces. e) Open space. Proposed amount of open space. g) Architectural Elevations. Elevations at a vertical scale of not less than one-eighth inch equals one foot(1/8"= 1') or larger of all significant facades of the proposed buildings. Building elevations shall be of sufficient detail to indicate building openings, alternate materials proposed for the roof and exterior of the buildings, decks and other architectural features of the buildings, including chimneys and mechanical areas and features affecting the roof lines of all proposed buildings. h) Architectural Floor plans. Proposed floor plans drawn at a scale of one-eighth inch equals one foot (1/8" = I') or larger of all floors of the proposed buildings showing all living, sleeping, cooking, bathroom, and storage areas. Typical floor plans with a floor layout plan may be substituted. i) Landscape plan. A general landscape plan, depicting the type, amount, size, species and location of all plant materials. The plan shall show the location of all existing trees with a trunk circumference of fourteen (14) inches or more measured four and one-half (4'/2) feet above the ground and shall indicate which trees are proposed to be removed. Where large groves of trees are to remain undisturbed, single trees need not be located. 0) Solid waste disposal plan. A proposed solid waste disposal plan, including the anticipated volume (cubic yards) of solid waste that will be generated by the development,proposed trash container size and location of said facilities. k) Water supply and sewage disposal. The applicant shall obtain from the Snowmass Water and Sanitation District a confirmation that, based upon the data submitted for this review, the District be able to provide service for the project as proposed. 1) Clearing, grading and drainage plans. A report identifying plans for clearing, grading and drainage including: 1. Limits of clearing. The location and defined limits of all clearing and/or removal of vegetation cover. 2. Grading plan. Existing and proposed grades at a contour interval of two (2) feet or less,based on field survey controls, including location with proposed grades and elevations for all buildings, roads, walks, storm sewers and other drainage structures and devices, retaining walls and other landscape features. The plan shall provide designs for sediment control devices to be employed, including specifications of how graded areas will be stabilized and re-vegetated after construction is completed. m) Transportation impact analysis. (Not required with initial application but must be submitted to the Town by September 21, 2009) The TIA report will be based upon the "Snowmass Base Village and Outlying Parcels" Transportation Analysis and Parking Management Strategy report dated March 2004, a copy which was forwarded by the Town Engineer to the School District for use by reference. The applicant shall submit the following information in a manner that reasonably permits the Town to evaluate the impacts of the proposed development: 1. Daily traffic counts. All total daily traffic counts shall be actual machine counts and not based on factored peak hour sampling. All traffic counts will be based upon the "Snowmass Base Village and Outlying Parcels" Transportation Analysis and Parking Management Strategy report dated March 2004. 2. Trip generation rates, The applicant shall use a 5.0 vehicle trips/dwelling generation rate to calculate the development's impact on the Town road network. The Planning Director may, upon request by the applicant, accept different trip generation rates than that, considering whether any special transit features are planned for the development, or if there are unusual land use, occupancy or other features of the development. 3. Existing conditions. The report shall be based upon the Snowmass Base Village and Outlying Parcels" Transportation Analysis and Parking Management Strategy report dated March 2004. 4. Anticipated ridership. A determination of the anticipated public transportation ridership, using data supplied by the Town's Transportation Department for similar projects with the Town. 5. Trip generation and design hour volumes. A summary table shall be provided listing each type of land use, the number of units or the amount of nonresidential square footage involved, the average trip generation for each use (total daily traffic and a.m. and p.m. peaks) and the resultant total trips generated. 6. Trip distribution. The direction of approach for site-generated traffic shall be presented in the report. The technical analysis steps, basic methods and assumptions used shall be clearly stated. 7. Trip assignments. Internal trips shall not exceed ten percent 10%) without analytical support to demonstrate how the larger figures were determined. Non-generated passerby traffic reductions in generation volumes may be considered if applicable. 8. Existing and projected traffic volumes. The report shall include the following illustrations: a) Peak hour traffic. Illustrations of current a.m. and p.m. peak hour site traffic (in and out), including turning movements. b) Future peak hour traffic. Illustrations of future a.m. and p.m. peak hour site traffic (in and out), including turning movements for current conditions and future buildout of the project in comparison with the "Snowmass Base Village and Outlying Parcels" Transportation Analysis and Parking Management Strategy report dated March 2004., c) Not applicable 9. Capacity analysis. The report shall include a comparison of the site in order to identify the incremental impacts to all public street intersections impacted by the proposed development and for the private property identified in the "Snowmass Base Village and Outlying Parcels" Transportation Analysis and Parking Management Strategy report dated March 2004. 10. Level of service. Level of service °C" or better on all intersection and roadway segment operations. Not applicable 11. Conclusions. The report shall contain a clear and concise executive summary, describing the study's findings. If the analysis indicates unsatisfactory levels of service, a description of proposed improvements to remedy deficiencies shall be included in the executive summary. n) Geologic report. A report evaluating geologic and soils conditions, including: I. Potential geologic hazards. A site specific analysis of the geologic characteristics on, or in the vicinity of, the site that could have a significant impact on the proposed development shall be conducted. It shall be prepared by a geologist or engineer who is qualified to map and evaluate geologic hazards and to assess their potential impacts on the development. It shall discuss any recent activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. It shall also include recommendations as to how the development will avoid or mitigate any dangers posed to life or property from these hazards. 2. Soils study. A study prepared by a qualified professional describing existing surface and sub-surface soil characteristics on the site, and evaluating the suitability of such soils for the planned construction. o) Construction management plan. (Not required with initial application but must be submitted to the Town by September 21, 2009) A detailed construction management plan describing development phasing, construction schedules and measures for mitigating impacts associated with all aspects of the project. 2.2 Public Notification. A notice and display ad will be published in the Snowmass Sun the cost of which will be shared equally by the Town and the School District, generally describing the development proposal and providing a meeting schedule. The notice and display ad will run in the editions published September 23 and 30 and October 7 and 14, 2009. 2.3 Joint Meeting. The Planning Commission and Town Council shall hold one (1)joint meeting to hear the initial presentation of the development proposal by the School District. The Town Council shall identify the specific components or core issues within the School District's submittal that the Planning Commission should focus upon during the course of its review. Provided the submittal requirements contained herein are timely satisfied, this meeting shall occur on October 5, 2009. 2.4 Planning Commission. Provided the submittal requirements contained herein are timely satisfied, on October 7, 2009, the Planning Commission will review the School District's submittal package, hear testimony and provide comments and direction to Town staff regarding their recommendations and concerns. The Town staff agrees to provide a written summary of the Planning Commission's comments or a copy of any Resolution adopted by the Planning Commission to the School District by October 9, 2009. 2.5 Planning Commission Report to Town Council. The Planning Commission will transmit a written summary of the Planning Commission's comments or a copy of any Resolution adopted by the Planning Commission to the Town Council for consideration by the Town Council during the October 19, 2009 Town Council meeting. The Town Council will then conduct a hearing to hear testimony and review the development submittal. A resolution may be adopted by the Town Council to adopt any findings and make recommendations. The Town Council may schedule a Town Council meeting on October 26, 2009 to further hear testimony, resolve any requests for additional information and adopt a resolution. Any duly adopted resolution of the Town Council, regardless of the date adopted, will be provided to the School District no later than October 27, 2009. 2.6 Joint Meeting of the Town Council and the School District Board. The Town Council and the School District Board shall meet on November 2, 2009 as part of the regularly scheduled Town Council meeting to discuss any findings or recommendations contained in the resolution of the Town Council that the School District will not incorporate into the project in an effort to resolve such issues; provided, however, that such informal discussions shall not modify or extend the time periods or procedures established by C.R.S. 22-32-124. In the event all the comments and recommendations contained in the resolution of the Town Council will be incorporated into the Project, the School District shall give written notice advising the Town accordingly and the Joint Meeting shall be cancelled. ARTICLE III MISCELLANEOUS PROVISIONS 3.1 Termination. This Agreement may be terminated by either party for any material breach that has not been cured as provided herein. The party alleged to be in breach of the Agreement shall first be given a reasonable opportunity to cure the breach after receiving notice stating the substance of the breach from the other party. For purposes of this section, reasonable opportunity to cure shall mean cure within fifteen 15) days of the effective date of such notice. 3.2 Amendments. This Agreement may be amended only by mutual agreement of the parties and shall be evidenced by a written instrument authorized and executed with the same formality as accorded this Agreement. 3.3 Notices. Any notice required by this Agreement shall be in writing. If such notice is hand delivered or personally served, it shall be effective immediately upon such delivery or service. 3.4 Governing Law. This Agreement and the rights and obligations of the parties hereto shall be interpreted and construed in accordance with the laws of the State of Colorado. 3.5. Severability. If this Agreement, or any portion of it, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the Agreement. 3.6 No Implied Representations. No representations, warranties, or certifications, express or implied, shall exist as between the parties, except as specifically stated in this Agreement 3.7 No Third Party Beneficiaries. None of the terms conditions, or covenants in this Agreement shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Any person other than the Town or the School District receiving services or benefits under this Agreement shall be only an incidental beneficiary. 3.8 Integrated Agreement and Amendments. This Agreement is an integration of the entire understanding of the parties with respect to the matters stated herein. 3.9 Approvals. Each party represents and warrants to the other that this Agreement has been duly approved in accordance with the law and the applicable procedures of each party, and that no further action is necessary to make this Agreement binding upon them. The persons whose signatures appear below are the duly authorized representatives of each party, empowered to bind their respective parties to the terms hereof. 3.10 Supremacy. Neither the Town nor the School District concedes supervening authority of the other over any matter. The Town acknowledges the existence of C.R.S. § 22-32-110(1)(b) and 124 and that the proposed project will be located within the territorial limits of the School District. The School District acknowledges that the Town is a Colorado home rule municipality, the existence of the Snowmass Village Municipal Code and the proposed project will be located within the territorial limits of the Town. Both parties agree that by entering into this Agreement neither party has waived or released any rights. 3.11 Time Limits. Except for provisions in Section 2.1 related to notice or otherwise required by statute, any failure of either party to give notice or take action within the time limits specified herein shall not affect that party's right to undertake whatever action it is otherwise authorized by law to take. 3.12 Utility Costs. The School District shall be responsible for payment of applicable utility fees and charges associated with the construction or expansion of new residential buildings. The School District shall not be required to pay, directly or indirectly, any of the other usual Town fees for plan processing, plan review, plat review, plat application, annexation application or processing, building permit, service expansion fees or any Town tax on building materials incorporated into construction projects, excepting the School District shall be responsible for any fees charged by consultants not employed by the Town but rather engaged by the Town for this specific land use review process. 3.13 Dispute Resolution. In the event any dispute arises between the parties concerning the interpretation, implementation or application of this Agreement that cannot be resolved between the School District's Land Use Planner and the Town's Director of Planning or designee, either party may then submit such dispute to the Superintendent of the School District and Town Manager. This dispute resolution process shall not suspend or otherwise affect the other time lines in this Agreement or as provided by law nor be a condition precedent to either party timely exercising any rights. EFFECTIVE AS OF THE DAY AND YEAR FIRST WRITTEN ABOVE. ASPEN RE-1 SCHOOL DISTRICT ASPEN, COLORADO By: President, Board of Education ATTEST: Secretary, Board of Education APPROVED AS TO FORM: Attorney for School District TOWN OF SNOWMASS VILLAGE, COLORADO By: Russell W. Forrest, Town Manager ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., Town Attorney Paul C. Benedetti 2730 Iliff Street Attorney at Law Telephone:(303)499-6340 Boulder,Colorado 80307-3138 Fax: (303)499-6408 Email:paul.benedetti@comcast.net URBAN RENEWAL AUTHORITY AND URBAN RENEWAL PROJECTS Caution: This is an outline only. It is not intended to be legal advice and may not be relied upon for such purposes. This outline does not contain all of the statutory provisions and case law applicable to urban renewal authorities and urban renewal plans. Please consult the statute for more information and your legal counsel for legal advice. Thank you. I.Formation of Urban Renewal Authority [31-25-104, C.R.S.1 A. A petition stating a need for URA to function in the municipality signed by at least 25 electors of the municipality must be filed with clerk of the municipality. B. Clerk publishes notice of time, place, and purpose of public hearing at which the governing body of municipality will determine the need for the URA. Notice published at least 10 days prior to date of public hearing in newspaper of general circulation in municipality. If there is no newspaper by posting the notice in at least three public places at least 10 days prior to the hearing. CC. Full opportunity to be heard granted to all residents, taxpayers, and other interested persons at public hearing. D. After the hearing, the governing body may adopt a resolution finding: 1. One or more slum or blighted areas exist in the municipality. 2. The acquisition, clearance, rehabilitation, conservation, development, or redevelopment, or combination thereof of such area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality. 3. It is in the public interest that the URA for the municipality exercise the powers granted by statute. E. If the governing body adopts a resolution denying the petition, a new petition may be considered if 6 months have elapsed after denial of the original petition. II. Commissioners A. Governing body may designate itself as the URA at time of establishing the URA. A transfer of an existing URA may be accomplished only by a majority vote at a regular general election. [31-25-115, C.R.S.] B. The mayor may appoint an odd number of commissioners of not less than 5 or more than I I members. The mayor shall designate the chair for the first year. 1. The appointments are subject to approval by the governing body. 2. Under this procedure, not more than one commissioner may be an official of the municipality. The term of such official is not affected by the expiration of the term of his or her municipal office. 3. The commissioners first appointed shall be designated to serve for staggered terms so that the term of at least one commissioner will expire each year. Thereafter the term shall be 5 years. A commissioner serves until a successor has been appointed and qualified. 4. A majority of the commissioners constitute a quorum. 5. The mayor files a certificate of the appointment or reappointment of any commissioner with the clerk of the municipality. C. After appointment, the commissioners sign a certificate stating that the governing body has made the findings regarding formation of the URA and has appointed them as commissioners. The certificate is filed with the Division of Local Government in the Department of Local Affairs. D. Upon filing of the certificate with DOLA, the commissioners and their successors are constituted an urban renewal authority. E. A commissioner receives no compensation for serving, but may be reimbursed for expenses, including travel, incurred in discharge of duties. F. After the first year and annually thereafter or when the office becomes vacant, the commissioners select a chair and vice-chair and it may employ a secretary, who shall be executive director, and other officers, employees, or agents. G. A commissioner, officer, or employee of the URA may not acquire any interest in any property or contract in connection with any urban renewal project. Upon disclosure of such an interest the commissioners may make a determination that the conflict will not be contrary to the public interest. H. The mayor, with the consent of the governing body, may remove a commissioner for inefficiency, neglect of duty, or misconduct in office. 2 I.By statute, an urban renewal authority is an independent corporate body. 1. The Colorado Sunshine Act applies to urban renewal authorities. 3. URA is exempt from Article X, § 20 of Colorado Constitution (TABOR). III. Powers and Duties of URA r31-25-105, C.R.S.] A. The URA has all powers necessary to carry out provisions of UR law. B. URA may sue and be sued, and have perpetual succession (unless terminated under 31-25-115, C.R.S.). C. Carry out urban renewal plans and to enter into contracts necessary and convenient to act in accordance with the Colorado UR Law. D. Staffing- separate or contract with municipality E. Buy property- URA has the power of eminent domain if specifically authorized by the governing body. F. Sell property pursuant to reasonable competitive bidding requirements for sale or disposition to private parties. Enter into redevelopment agreements. N. Blight Designation [32-25-103, C.R.S.1 A. At least 4 of the following conditions must be present- 5 if eminent domain is authorized by the governing body. 1. Slum, deteriorated or deteriorating structures. 2. Predominance of defective or inadequate street layout. 3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. 4. Unsanitary or unsafe conditions. 5. Deterioration of site or other improvements. 6. Unusual topography or inadequate public improvements or utilities. 7. Defective or unusual conditions of title rendering the title nomnarketable. 3 8. Conditions that endanger life or property by fire or other causes. 9. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design,physical construction, or faulty or inadequate facilities. 10. Environmental contamination of buildings or property. 11. The existence of health, safety,or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. B. If there is no objection by the property owners or tenants to the inclusion of property in the UR area only one of the above factors is necessary. C. Any condition found to be present may satisfy as many of the above factors as are applicable to such condition. D. The presence of such factors must be found to substantially impair or arrest the sound growth of the municipality, retard the provision of housing accommodations, or constitute an economic or social liability, and is a menace to the public health, safety, morals, or welfare. E. Upon approval of an urban renewal plan,the plan becomes controlling with respect to land area, land use, design, building requirements, timing, or procedure applicable to the property covered by the plan. F. A substantial modification of an adopted urban renewal plan requires the same procedural steps as for approval of the plan. After the URA has sold or leased real property, however, the right to modify the plan is subject to the legal and equitable rights of the lessee or purchaser and their successors. V. Urban Renewal Plans r31-25-107, C.R.S.] A. URA is required to give written notice to property owners in area within 30 days of commissioning a study to determine if area is blighted for the purpose of approving an UR Plan. Governing body finds and declares that plan area boundaries are drawn as narrowly as feasible to accomplish the planning and development objectives of proposed UR area. B. Plan requirements and contents. 1. Must conform with the comprehensive plan. 4 2. Must be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carved out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and relationship to definite local objectives respecting appropriate land uses, improved traffic,public transportation, public utilities, recreational and community facilities, and other public improvements. [31-25-103, C.R.S.] C. Proposed plan must be submitted to planning commission for review and recommendations as to conformance with comprehensive plan. D. Notice of public hearing must be published at least 30 days prior to date of hearing. Notice must describe time, date, place, purposes of hearing, and generally outline the proposed urban renewal plan. E. Written notice of the public hearing must be given to all property owners, residents and owners of business concerns in the proposed urban renewal area at their last known addresses at least 30 days prior to the public hearing. F. . The proposed plan and impact report that conforms with Section 31-25-107(3.5), C.R.S. must be submitted to the county at least 30 days prior to the hearing on the Plan. At public hearing, county may present evidence that proposed development in urban renewal area will create a need for additional county infrastructure and services - Sharing of TIp is authorized. If disagreement an arbitration procedure is set out in the statute. [Section 31-25-107(11), (12), C.R.S.] G. If TIF financing is included in the plan,the school district that includes the urban renewal area must be consulted. H. If relocation is required, a feasible method exists for the relocation of individuals and families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families. I.If relocation is required, a feasible method exists for the relocation of such business concerns in the Urban Renewal Area or in other areas that are not generally less desirable with respect to public utilities and public commercial facilities. J.The plan must afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise. l 5 K. The plan must be approved within 120 days since the commencement of the first public hearing on the Plan. L. If property in urban renewal area was included in a proposed urban renewal plan that was not approved, at least two years must have elapsed since the commencement of the prior public hearing concerning such unapproved plan. M. If urban renewal area consists of open land, special findings are required. N. Additional findings are required if the governing body authorizes the use of eminent domain. O. If the urban renewal plan contains language implementing the statutory TIF provisions, the municipality is required to notify the assessor of that fact. State regulations require delivery to the assessor of a copy of the adopted plan, the resolution or ordinance approving the plan, and a map of the urban renewal area if TIF is part of the plan. VI. Tax Increment(TIF) Financing f31-25-107(9), C.R.S.I. A. The urban renewal plan may contain statutory language dividing the property tax assessment roll and allocating future revenues in the urban renewal area(or an area later added to the area) for up to 25 years as follows: 1. The total assessed value in the urban renewal area as last certified by the county assessor is established as the base value, and taxing bodies levying taxes in the urban renewal area receive the revenues produced by levy against the base value, as adjusted from time to time as a result of general reassessments. 2. The revenues produced by levy of the taxing bodies against increases in assessed value are allocated to the urban renewal authority to pay indebtedness incurred by the authority in carrying out the urban renewal project described in the plan. B. The plan may also contain language allocating for 25 years all or a portion of the municipal sales taxes collected in the area in excess of the total for the 12 months prior to adoption of the urban renewal plan. C. The governing body of the municipality or the urban renewal authority may enter into an agreement to offset the costs of any additional county infrastructure or services necessary to offset the impacts of the urban renewal project. If the county objects to the use of TIF it may employ an arbitration proceeding(as its sole 6 remedy) to require a sharing of revenues where it can compel such sharing if it can demonstrate additional county infrastructure or costs are required as a result of the project. D. Upon a general reassessment of taxable property or a change in the sales tax percentage levied by the municipality, both the base value and TIF value and the sales tax allocation between the city and the URA are required to be proportionately adjusted in accordance with the assessment or change. E. The TIF mechanism is one of allocation only. 1._ Tax rates are not increased. 2. Property taxpayers receive the tax bill they would normally receive and pay at the same rates as other taxpayers. 3.Sales taxpayers pay the same rates of sales tax. 4. Once paid, property taxes are allocated so that each taxing body obtains the product of its tax rate times the base value as calculated each year by the assessor., C 5. The URA receives the total of all taxing agency tax rates times the TIF value, if any, and any incremental sales taxes, if made available by the municipal governing body. F. An urban renewal authority may not itself levy taxes [31-25-113, C.R.S.] or compel any public body to levy taxes.[31-25-107(9)(c),C.R.S.] VII. Plan Implementation. A. Implementation of comprehensive plan, zoning, design standards, land use and building requirements and policies. B. Financing and constructing public infrastructure - such as streets, sidewalks, utilities, traffic improvements,parking facilities, traffic improvements, flood and drainage control improvements, and parks. C. Land acquisition/disposition. 1. Voluntary acquisition of property. If eminent domain is used, special provisions not covered in this outline must be implemented. r 7 Y 2. Land disposition [31-25-106, C.R.S.] a. The URA may dedicate real property to public use, with or without compensation, if the public use is consistent with the urban renewal plan. b. A reasonable competitive bidding procedure required for disposition to a private party. The authority can follow statute or adopt its own. C. URA may invite proposals by publishing invitation for proposals in newspaper of general circulation once each week for two consecutive weeks. d. An authority may dispose of real property for fair value(not fair market value) taking into account the uses provided in the urban renewal plan; the restrictions upon the land and the purchaser; the covenants, conditions, and obligations assumed by the purchaser or lessee; and the objectives of the plan. D. Rehabilitation and Redevelopment Agreements with private developers. E. Cleanup of contaminated and property, demolition, and site preparation. VIII. Cooperation with Other Public Bodies 131-25-112, C.R.S.1. A. In the planning and execution of urban renewal projects, public bodies are authorized to cooperate with the URA. 1. Selling, leasing, or donating property to the URA. 2. Providing public improvements 3. Planning or replanning and zoning or rezoning all or part of the urban renewal area, or to make exceptions from applicable building regulations. 4. Providing various kinds of financial aid. B. A public body means the State of Colorado or any municipality, quasi-municipal corporation, board, commission, authority, or other political subdivision or public corporate body of the state. 8 TI F CHART CDCa CD cm m TIF Assessed Valuation c.e Base Assessed Valuation Base Year Time 25 years TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 09 SERIES OF 2009 AN ORDINANCE CONSIDERING 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. WHEREAS, the Town Council accepted on September 5, 2006 the Snowmass Chapel modified Preliminary Plan application and permitted the Applicant to proceed to the Final PUD application stage via Resolution No. 9, Series of 2006 (Resolution 9) and waived further requirements for an air quality analysis and a fiscal impact report with the application, unless deemed necessary during the Final PUD application review: and WHEREAS, the Town Council granted the Applicant's requests for extension of the submission of the Final PUD application on September 4, 2007 and on November 3,2008 via Resolutions No. 19, Series of 2007 and No. 29, Series of 2008, respectively; and WHEREAS, the Snowmass Chapel, Inc., formerly known as Snowmass Chapel and Community Center, Inc., ("Applicant")initially submitted on December 11,2008 as updated for completeness on January 26, 2009 and formally submitted on February 2, 2009, a completed Final PUD application that together includes a formal request to rezone the property to"MU-1" and subdivision exemptions for a lot line adjustment and planned land exchanges with an adjacent property owner, and a final re-plal (which plats would be acted upon by separate resolutions) involving Lot 1 of the Second Amendment Plat, Snowmass Interfaith Chapel Subdivision and Lot 2A of the Snowmass Interfaith Chapel Subdivision Re-plat "A" encompassing in total 3.99 acres("Application"), not including the impacted area onto Parcel 10 (golf course) of the Snowmass Club Subdivision, together with associated draft agreements, as generally described or illustrated in as Exhibits "A"through "F," that include the re-zoning maps, the Final PUD Guide and draft agreements, and/or as incorporated herein by reference; and WHEREAS, the Applicant also requests by modification or ratification of the variations from dimensional limitations accepted during the Preliminary Plan stage in the Final PUD application, including exceeding maximum building height, the maximum buildout, and seeking approval for development encroachment, including the maintenance building, into the Town's 25-foot wetland setback area next to Brush Creek; and WHEREAS, the Final PUD application has submitted the final design plans for the maintenance bui!ding that removes the Special Review provisions for the maintenance building in the proposed Final PUD Guide since the final design is proposed at this time; and WHEREAS, the Aspen Skiing Company/Snowmass Club Associates, LLC consented on January 14, 2009 to the applications, including the proposed subdivision exemptions for the lot line adjustment and the land exchanges affecting Parcel 10 of the Snowmass Club PUD Subdivision; and WHEREAS, the applications were sent to affected Town Departments and referral TC Ord. 09-09 Page 2 of 12 agencies for review and comment on February 18, 2009; and WHEREAS, the Planning Commission reviewed in particular the rezoning portion of the application on March 18, 2009, together with some of the changes in the Final PUD application mainly involving the maintenance building, and passed Resolution No. 10, Series of 2009 on April 1, 2009 making their recommendations to Town Council; and WHEREAS, the Applicant submitted on April 10, 2009 replies, information and updated drawings or plans in response to Town staff and referral agency review comments on the Final PUD and associated applications that were issued to the Applicant on March 20, 2009, which supplemental information was forwarded to affected referral agencies and to Town Council members; and WHEREAS, the Applicant submitted an amendment dated May 11,2009 for proposed parking management plan adjustments, including the elimination of the off-site overflow parking commitment previously offered together with substitute parking management strategies, which was accepted by Town Council via Resolution No. 13, Series Of 2009, on June 1, 2009 for subsequent referral, review and consideration purposes via this ordinance; and WHEREAS, public hearings or continuances thereof,were scheduled before the Town Council on May 4, 18, June 1, 15, July 6, 20,August 3, and September 14, 2009 to review the proposed Final PUD application together with the re-zoning, and the associated subdivision exemptions and final re-plat, to consider the recommendations of Town Staff, the recommendations of the Planning Commission concerning the proposed re-zonings and Final PUD changes, to receive public comment, and to act upon this ordinance; and WHEREAS, the Final PUD and the re-zoning applications were processed in accordance with Section 16A-5-220,Amendments to Official Zone District Map, Section 16A- 5-390, Amendment of Final PUD, and Section 16A-5-360, Final Plan, regulations of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Findings. Based upon the information contained in the Final PUD application for the Snowmass Chapel expansion project and the associated re-zoning, together with the documentation and testimony in the record, the Town Council finds that: General Findings: 1) The Applicant submitted the applications for the Final PUD and Amendments to the Official Zone District Map in accordance with the provisions of the Municipal Code. 2) The applications provided the Minimum Contents required and included written and graphic materials in sufficient detail pursuant to Sections 16A-5-220(d) and 16A-5- 360(c)(2) of the Municipal Code. 3) The Applicant has submitted supplemental information during the review process to TC Ord. 09-09 Page 3 of 12 present changes or updates to the application for the primary purpose of responding to the directions provided by Town Council, Planning Commission and Staff requests, comments, and concerns,with the exception of the.proposed amendment dated May 11, 2009 for parking management plan adjustments. 4)Public notification requirements were met in accordance with the requirements of Section 16A-5-60(b) of the Municipal Code. Findings related to the requested Amendments to the Official Zone District Map: 1) The Chapel is an allowed use pursuant to the past PUD or PUD Guide approvals in Ordinance No. 8, Series of 1997, and a Special Review application for such a use is not required in accordance with Table 3-1, "Schedule of Uses," in Municipal Code Section 16A-3-50. 2)Since the Municipal Code no longer recognizes the 'PUD' zone district to be utilized for development or redevelopment proposals, the proposed "MU-1" zone district is appropriate for the site as it prohibits commercial type uses, such as retail sales establishments, business/professional offices, personal services, restaurants and commercial lodging. Those proposed uses, not specifically listed within the "MU-1" zone district land-use table, could be considered accessory uses as previously recommended during the Preliminary Plan stage, since they are acceptably, clearly and specifically noted and listed in the Final PUD Guide as accessory permitted uses under the control of the Applicant/owner rather than as primary permitted uses for the site, which is the case pursuant to the proposed Final PUD Guide. 3) As the"MU-1" zone district allows a maximum 1:1 Floor Area Ratio(FAR) in Table 3- 2, "Schedule of Dimensional Limitations" of Municipal Code Section 16A-3-50, the Final PUD Guide acceptably restricts the maximum floor area to the accepted buildout variation of 29,700 square feet. 4) Pursuant to the above noted findings and per Municipal Code Sections 16A-5- 300(c)(3) "Uses," under the General Restrictions, the Applicant's proposed "MU-1" zone district of Lot 1 of the Second Amendment Plat, Snowmass Interfaith Chapel Subdivision, also to incorporate the associated lot line adjustment and land exchanges via associated Resolution No. 14, Series of 2009, and Lot 2A of the Snowmass Interfaith Chapel Subdivision Re-plat "A," and as further described or illustrated in Exhibit'A,"satisfactorily meets the following criteria in accordance with Section 16A-5- 220(e), "Review Standards" of the Amendments to Official Zone District Map, as follows: a) the re-zonings are consistent with the Town of Snowmass Village Comprehensive Plan; b) the zoning amendments are consistent with the purpose of the zone district to which the property is currently developed and/or as designated as existing or proposed via the Final PUD application; c) the amendments are consistent with surrounding zone districts and uses, as the majority zone district surrounding the impacted properties is'PUD,'which in and of TC Ord. 09-09 Page 4 of 12 itself incorporates and promotes a mixed-use nature and arrangement of development; and d) Necessary circumstances have occurred such as changed conditions and the demonstration of a community need as part of the consistency with the intent of the Comprehensive Plan. Findings related to the Final PUD Plan: 1)The application does not conflict with other goals, objectives and policies of the Comprehensive Plan with the exception of the Buildout Chart(Line B66), mass, scale and height variation issues, and the Applicant represented that the buildout variation of 29,700 square feet, that was accepted with the Preliminary Plan via Resolution 9, would not change or increase, and therefore is acceptable as submitted likewise with the Final PUD. 2)Pursuant to the rezoning findings above, the Final PUD Guide acceptably and definitively lists the primary and accessory uses separately, indicating that the accessory uses, such as the administrative/counseling offices, small classes or workshops space and other meeting spaces, shall be operated under the control or auspices of the Applicant or the owner of Lot 1 versus being leased to private entities or individuals in order to comply with Table 3-1, "Schedule of uses'in the"MU-1"zone district via Municipal Code Section 16A-3-50. 3) As previously recommended during the Preliminary Plan review,the Final PUD Guide acceptably lists commercial lodging as a prohibited use, among other commercial or retail type uses. 4) The Applicant earlier confirmed in an acceptable manner, as well as per a letter dated June 1, 2009, that the proposed maintenance shed, to be located on the east side of the proposed building addition, will be a space for a workshop, the storage of maintenance related equipment, such as tools, snow blowers, lawnmowers and other similar equipment, and it includes an area sufficient to park a work-related vehicle with a plow. 5) The proposed maintenance facility would double in size from the previously recommended 800 square feet to approximately 1,652 square feet; however, the maintenance building, now on two levels, is acceptably designed to integrate with the grades by incorporating a basement level while at the same time attaching the facility to the existing golf course restroom that would be remodeled to satisfactorily blend with the maintenance facility design,thus fulfilling one of the previous Town Council's design option conditions during the Preliminary Plan approval. Since the final design of the maintenance building is now being proposed, it is acceptable to review and consider that portion of the application together with the Final PUD versus by separate Special Review application as previously noted in the Preliminary PUD Guide. 6) The Applicant has satisfactorily demonstrated to the satisfaction of the Town Council that exterior finishes proposed on the maintenance building would either match portions of the exterior finishes on the proposed main building addition and/or TC Ord. 09-09 Page 5 of 12 complement the architectural style or palette of materials on the adjoining Anderson Ranch property, including a complementary treatment of painted concrete for the exposed foundation walls of the maintenance building, for purposes of achieving aesthetic compatibility. 7) The Applicant requests a variation from the Town's.25-foot wetland/riparian setback established by Municipal Code Section 16A-4-30(e)(1), "Setback Standards," under the Brush Creek Impact Area. The Applicant's proposed changes in this area, now including the proposed maintenance building, in addition to other development 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, concerning the maintenance building in particular, the proposed encroachment into the 25-foot wetland/riparian setback has less of an impact than the other surface development impacting the setback area, and the Town Council applies the Code's 'other types of development' category by super-majority vote via this ordinance, because the Applicant has satisfactorily demonstrated, pursuant to Section 16A-4-30(e)(1)d of the Municipal Code, that the encroachment is unavoidable due the location of the creek in relation to the current location of the golf course restrooms that would be attached to and retrofitted with the design of the maintenance building as a whole. 8)Pursuant to Municipal Code Section 16A-4-310(7),"Off-Street Parking Standards,"the changes to the seating counts in the main building addition from 300 to 320 permanent seats at a ratio of 1:3.3 and a decrease of temporary seats from 50 to 30 seats at a rate of 1:5,which rates are reasonable, insignificantly increases the parking requirement from 101 to 103 spaces, assuming the building addition operates individually without the concurrent operation in the existing facilities pursuant to the Parking Agreement section in the Development Agreement(Exhibit"D"); Further,the application appears to acceptably show the proposed expansion of the parking provided on Lot 2A by 12 spaces as previous recommended during the Preliminary Plan review, thus increasing the overall parking provided on site from 106 to 121 spaces, inclusive of handicap parking provisions, making the net cumulative difference on-site between parking requirements and parking provisions negligible when compared to what was proposed during the Preliminary Plan review; and therefore, the Final PUD parking provisions are acceptable; Additionally, as the previously offered off-site overflow parking commitment of 26-32 spaces for larger events has been proposed for elimination with the Applicant's parking amendment dated May 11, 2009, the Applicant's shared alternative parking plan together with substitute parking management strategies have satisfactorily demonstrated compliance with the Code's criteria in that: a) the Applicant has offered an additional 12 contingency parking spaces on Lot 2A; b) the Applicant has offered valet and bus services for special events, also per the identified location for off-site valet parking during these events including the consent from the affected property owner or representative thereof; c) the joint`Parking Lot Use, Maintenance& Improvement Agreement'for the shared usage of the parking on Lot 2A originated in 1998 among the private parties, that TC Ord. 09-09 Page 6 of 12 include the Applicant and adjacent off-site owners and users, is continuing to remain in effect; d) the Applicant is willing to purchase transportation services concerning usage of shuttles/buses for special events, subject to reimbursement by the Applicant of reasonable service costs if applicable; and e) per the above noted parking management strategies and the proposed community purpose for a transit shelter together with bus pull out and sidewalk on Owl Creek Road, the Applicant has offered options to automobile usage per Code Section 16A-5-310(c)(2)b. 9) There are minor exterior finish changes on the main building elevations together with height measurement changes, as they are mainly resulting from minor final grading changes, and the maximum building height and steeple elevations for the main chapel addition remain the same, and the maintenance building heights are acceptable meeting the previously established 40-foot height limitation as measured from existing and proposed finished grades and that all existing and proposed buildings acceptably meet the previous maximum average height of 25 feet for the campus as a whole. 10) Pursuant to Municipal Code Section 16A-4-410, 'Restricted housing requirements," the Applicant has satisfactorily mitigated the 434 square feet of required employee housing by proposing to deed restrict the existing unit of approximately 649 square feet per the development agreement commitments and the operational restrictions in the declaration of the deed restriction and agreement. 11) Similar to the findings in the Preliminary Plan Resolution No. 9, the Final PUD application and the proposed variations or modifications thereto to buildout and height, subject to the conditions in Section Three of this Ordinance, acceptably meet and comply with the other review and approval criteria in Municipal Code Section 16A-5- 360, Final Plan Review Intent and Issues, Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. 12) Similar to the findings in the Preliminary Plan Resolution No. 9, and as the proposal is also an amendment to the previous PUD approval, the Final PUD application also complies with the review standards in Municipal Code Section 16A-5-390,Amendment of Final Plan, as follows: a) The proposal is consistent with or an enhancement of the original PUD approval; b) The proposal will not have a substantially adverse impact upon the neighborhood surrounding the land where the amendment is proposed as defined in Resolution 9; c) The proposal will not change the basic character of the PUD or surrounding areas because the principle usages on the site are primarily the same; and d) The proposal, per the finding above, complies with other applicable standards. 13) The community purposes previously offered by the Applicant, as would be acceptably implemented per the Final PUD plans or the associated agreements, are satisfactory to justify the variations, and include: TC Ord. 09-09 Page 7 of 12 a) 4,000 square feet of community purpose space in the existing facilities as further described and illustrated in the Development Agreement (Exhibit "D"); b) Employee housing over and above the square footage required for mitigation; c) A vehicular bridge and culvert replacement; d) A transit passenger waiting shelter, together with bus pull out and sidewalk along Owl Creek Road; and e) Brush Creek stabilization and habitat restoration. and enhancement. 14) The Applicant has addressed or adequately responded to or implemented the directives or conditions of approval in Preliminary Plan Resolution 9. 15) Concerning the Applicant's request for waiver from the Town's Building Efficiency and Renewable Offset Program in Ordinance No. 11, Series of 2008, the Applicant has satisfactorily met the criteria for community benefit or public safety need concerning the modified snowmelt area of approximately 2,650 square feet,which is roughly one- third of the previous proposal of 8,225 square feet of snowmelt area, as described or illustrated in attached Exhibit 'T" Section Two: Action. Pursuant to the findings stated in Section One of this ordinance, the Town Council approves the following development and agreements, subject to complying with or implementing the conditions outlined in Section Three of this ordinance: 1) Amendments to the Official Zone District Map. The Town Council hereby approves and ratifies by this ordinance the re-zoning as shown on attached Exhibit "A." incorporated herein, involving exchanged land areas totaling 16,334 square feet by separate resolution, for the proposed lots on the accompanying final re-plat also pursuant to a separate resolution, to "MU-1" on Lots 1 and 2A of the Second Amendment Plat, Snowmass Interfaith Chapel Subdivision; Lot 2 (Yarrow Park)of the same re-plat shall remain 'PUD' zoning. 2)Final PUD Plan. 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 approves the Final PUD Plan application and the modifications thereto for the proposed Snowmass Chapel Expansion Project as further described and illustrated in: a) Exhibit"B" Final PUD Guide as incorporated herein and its exhibits by reference; b) The Final PUD Plan civil engineering drawings and specifications, water and sewer plans, final landscape plan, architectural building elevations, exterior materials and color schemes, and floor plans; c) The Chapel's parking management plan and the supplemental amendment thereto dated May 11, 2009; d) Exhibit "C" of the Subdivision Improvements Agreement and its exhibits or referenced exhibits, including the civil drawings, the vehicular bridge and culvert replacement; parking construction for 12 additional spaces on Lot 2A, a fire access lane, the transit 'passenger waiting shelter, together with bus pull out and sidewalk, Brush Creek stabilization and habitat restoration and enhancement; landscaping; and the construction management plan; TC Ord. 09-09 Page 8 of 12 e) Exhibit "D" of the Development Agreement outlining the provisions of the 4,000 square feet of community purpose spaces in the existing facilities, the parking agreement provisions including the parking amendment, and the employee housing commitments; f) Exhibit "E" of the deed restriction for the existing employee housing unit; g) Exhibit"F"of the Vested Property Rights Development Agreement for a maximum period of 10 years with conditions upon approval of the Final PUD approval via this ordinance; h) All other plans or documents as set forth in the Final PUD Plan application notebook dated January 26, 2009, the supplemental amendment for parking management plan adjustments dated May 11, 2009, and the supplemental responses and information provided by the Applicant dated March 30, 2009 and June 1, 2009 in response to staff comments or Town Council issues and concerns, which collectively are incorporated herein by these references. 3)Building addition height variation. The Town Council approves and ratifies by this ordinance a variation from the maximum permitted building height limitation of 40 feet, per the originally approved PUD, for the building addition as such heights are more particularly described and listed in Exhibit "B," Final PUD Guide, attached hereto, in the affected height tables and the building elevation drawings incorporated by reference. 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. 4) Steeple height proportion. The Town Council approves and ratifies by this ordinance the steeple height proportionality at 8232.69 feet above mean sea level elevation or a maximum 68.92 feet from finished grade and 68.9 feet from existing grade, including (versus excluding) any appurtenance, as further described or illustrated in Exhibit "B," Final PUD Guide. 5) Buildout floor area variation. The Town Council approves and ratifies by this ordinance the variation from the Buildout Chart's buildout designation for the Snowmass Chapel expansion and existing campus, collectively,to permit up to 29,700 square feet of floor area on Lot 1 of the Second Amendment Plat, Snowmass Interfaith Chapel Subdivision, that incorporates the land exchanges including the adjoining portions of Parcel 10 of the Snowmass Club Subdivision by separate resolutions. Such 29,700 square feet of buildout floor area includes approximately 1,652 square feet for a maintenance facility, 1,212 square feet of covered walkway on the existing facility and 2,010 square feet of covered walkways or exterior entryways on the proposed building addition. 6) Buildout Chart amendment. By approving the buildout variation described above, Town Council directs the Town Staff to amend the Buildout Chart of the TC Ord. 09-09 Page 9 of 12 Comprehensive Plan in accordance with this ordinance which ratifies the approval of the buildout variation pursuant to attached Exhibit "G." 7)Development encroachment into 25-foot wetland setback area. The Town Council approves the development intrusion into the 25-foot wetland setback area between the narthex entrance for the building addition and Brush Creek,and between the proposed maintenance building and Brush Creek, as described or illustrated in the application materials. 8) Waiver from Building Efficiency and the Renewable Energy Offset Program Standards. The Town Council hereby grants the Applicant's waiver request for the modified snowmelt area of approximately 2,650 square feet as described or illustrated in attached Exhibit "I," which revised snowmelt area shall be exempt from the mitigation requirements in Ordinance No. 11, Series of 2008. Section Three: Conditions. The Town Council makes the following conditions for the Applicant to comply with or implement: 1)Considering the loss of the previously offered off-site overflow parking commitment, the Applicant shall install and stripe the previously committed contingent 12 additional parking spaces on Lot 2A with the building addition as represented in the Applicant's Final PUD plans, prior to the issuance of a Certificate of Occupancy on the building addition in efforts to accommodate potential additional parking demands due to special events. 2)Prior to issuance of any permit for commencement of construction or a building, the Applicant shall: a) comply with the conditions in the associated Resolutions Nos. 14 and 15, Series of 2009, regarding the accompanying subdivision exemptions, final re-plat, and the off-site easements; and b) submit a Letter of Credit during the approved vesting period covering the current cost at the time the improvements are planned to be constructed with the project, subject to review and approval by the Town Engineer; c) complete final civil plans and resolve the remaining comments dated April 22, 2009 in attached Exhibit"H," incorporated herein, to the satisfaction of the Town Engineer, including coordination with the Snowmass-Wildcat Fire Protection District concerning the final acceptable design and weight load capacity of the bridge prior to commencement of construction or the issuance of a grading permit; and d) submit construction plans that demonstrate consistency with the final conditional approvals in this ordinance. 3) Also prior to the issuance of any permits, the Applicant shall enter into, complete and execute the following agreements or covenants, and the Mayor shall have the authority on behalf of the Town to execute the agreements for acceptable form and content, for recording at the Applicant's expense following final execution: TC Ord. 09-09 Page 10 of 12 a) Subdivision Improvement Agreement (SIA), as described in attached Exhibit "C" that guarantees the installation of grading and storm drainage facilities, newwater and sanitary sewer utility lines; electric, gas, telephone, and cable TV facilities; vehicular bridge and culvert replacement; parking construction for 12 additional spaces on Lot 2A, a fire access lane, transit passenger waiting shelter, together with bus pull out and sidewalk, Brush Creek stabilization and habitat restoration and enhancement; landscaping; associated easements as needed; and the maintenance, repair, default and remedy provisions, including the SIA's exhibits incorporated herein by reference) for the, a) lot line adjustment plat, b) engineered plans and specifications (civil drawings), c) the transit passenger waiting shelter, d) the Brush Creek stabilization and habitat restoration and enhancement plan, e) landscape plan,f)subdivision improvements cost estimates which shall be reviewed and accepted by the Town Engineer), and g) the construction management plan (incorporate herein by this ordinance). b) Development Agreement, as described in attached Exhibit"D,"which outlines the provisions for, a)the commitment of community purpose space as offered by the Applicant, b) the parking agreement, including the amendment provisions for parking management plan adjustments dated May 11, 2009, and c)the employee housing commitments. c) Declaration of Deed Restriction of the existing employee unit, as described in Exhibit "E," that outlines the restriction on the usage and operation of the residential unit including lease and rental rates. d) Vesting Property Rights Development Agreement, as described in attached Exhibit F,"which shall limit the duration of the vesting of property rights to a maximum of 10 years upon the Final PUD approval via this ordinance. The Applicant shall complete all actions or matters, which in the opinion of the Planning Director and the Town Attorney, are necessary to satisfy or dispense with the completion, execution and/or recording of all documents, including affected agreements that are necessary to implement the conditions of this Ordinance and the requirements of the Municipal Code, before the associated re-plat via Resolution No. 15, Series of 2009, is executed and placed of record, or in regard to the deed restriction, prior to the issuance of a building permit or certificate of occupancy as deemed applicable by the Town Attorney. Should disagreements arise that cannot be resolved between Town Staff and the Applicant, the matter shall be referred to the Town Council for direction or a final determination. 5) The building construction plans shall illustrate the partition wall for heated and unheated areas within the Maintenance Building in accordance with the Applicant's response dated June 1, 2009 to the satisfaction of the Chief Building Official prior to issuance of a building permit. 6) The Applicant shall review with the Town's Chief Building Official the lighting plan submitted with the building construction plans to determine conformity with the Lighting Ordinance No, 16, Series of 2003. TC Ord. 09-09 Page 11 of 12 7) The Applicant shall complete all actions or matters, which in the opinion of the Planning Director and the Town Attorney, are necessary to satisfy or dispense with the completion, execution and/or recording of all documents, such as the agreements and the deed restriction for the existing employee unit,that are necessary to implement the conditions of this Ordinance and the requirements of the Municipal Code, before the associated off-site easements, subdivision exemptions and related final re-plat are executed and placed of record. Should disagreements arise that cannot be resolved between Town Staff and the Applicant, the matter shall be referred to the Town Council for final direction and/or determination. 8)Under the direction of the Planning Director, periodic reviews in the field of the construction details associated with the project shall occur as reasonably necessary to determine compliance with the design character standards specified within the Final PUD approval. The Applicant shall make field adjustments if such adjustments are determined by the Planning Director to be necessary to comply with the Final PUD. The Planning Director may refer matters of this type to the Town Council for direction as necessary to ensure consistency with the representations made by the Applicant during the PUD review process. 9) Certain refinements, modifications, or amendments to the Construction Management Plan may be required by the Town in response to impacts, complaints or concerns which were not apparent at the time application was made. In addition,the Applicant may find it necessary to notify the Snowmass Village Planning Department of necessary additions, modifications, or amendments to the plan during the course of construction. The changes may be permitted with written approval of the Planning Director, who may refer the matter to the Town Council for final determination. 10) The Applicant shall provide a copy of any United States Army Corps of Engineers permits required for any wetland or riparian area that would be disturbed by this development, prior to any construction affecting said wetlands or riparian areas. 11) Town Council authorizes the Town's Planning Director to modify the Final PUD Guide in attached Exhibit "B" as needed for consistency with the findings and conditions in this ordinance. 12) Following execution, this ordinance and its exhibits shall be recorded, at the Applicant's expense, with the Pitkin County Clerk and Recorder. Section Four: Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. Section Five: Enforcement. Obligations herein this Ordinance shall be binding on the Applicant, its affiliates, successors and assigns. INTRODUCED, READ,AND APPROVED, as amended, on First Reading by the Town Council of the Town of Snowmass Village, Colorado on this 6th day of July 2009, upon a TC Ord. 09-09 Page 12 of 12 motion made by Council Member Butler and the second by Council Member Wilkinson, upon a vote of 4 in favor and 0 opposed (Council Member Mordkin recused). READ,APPROVED AND ADOPTED on Second Reading by the Town Council of the Town of Snowmass Village, Colorado on this 14th day of September 2009, upon a motion made by Council Member Wilkinson and the second by Council Member Butler, upon a vote of 3 in favor and 1 opposed (Council Member Lewis was opposed; Council Member Mordkin recused). TOWN OF SNOWMASS VILLAGE Glee Bill Boineau, Mayor ATTEST: 90w;1d, Donna J. Ga a-Spau ing, CMC Deputy Town Clerk APPROVED AS TO FORM: i John C. Dressei Jr., Town Attorn y Attached Exhibits or proposed for insertion or reference thereof Exhibits to Ordinance No. 9. Series of 2009, incorporated herein and/or by reference: Exhibit "A" — Re-zoning exhibits and legal descriptions Exhibit "B" — Final PUD Guide with its exhibits Exhibit "C" — Subdivision Improvements Agreement (with its exhibits incorporated by reference only with the exception of the updated Construction Management Plan) Exhibit "D"— Development Agreement, outlining provisions for the community purpose space, the parking agreement (including the amendment for the parking management plan adjustments dated May 11, 2009), and the employee housing commitment; Exhibit "E" — Declaration of Deed Restriction on the existing employee unit Exhibit "F' —Vested Property Rights Development Agreement for 10 years to September 30, 2019 Exhibit "G' — Buildout Chart revision Exhibit "H" — Outstanding comments dated April 22, 2009 from the Town Engineer. Exhibit "I" — Drawing illustrating snowmelting system exempt pursuant to the waiver provisions in Ordinance No. 11, Series of 2008. Exhibit "A" Town Councll Ordinance No. 9, Series of 2009 Insertion for — Re-zoning map exhibit and legal description SNOWHASS INTERFAITH CHAPEL LOT 1 L0 ' E ADJUSTMENT PLAT I, OT 2 SNOIV Ib4SS INTERFAITH CHAPEL SUBDIVISION LOT 2A SNOWMASS INTERFAITH CHAPEL SUBDIVISSON I2EPLAT A PARCEL OF LAND STRIATED IS SECTION 1 "" SHIP 10 SOUTH. RANGE BS WWT OF THI3 0th P.M. Ir!1'. COUNTY OF P17XW. STATE OF COLORADO r , 4 y Tr4' AC!' 47 Y6'` : / 1 4to •`-_ L > al_ ' 4 snry \ ARIA TO n wm L4- 1. CL' rtIL4iPLY PM if'• 4Sxl` \ k //. 1^,/ i \,\ \\\. r 4 Ale 49vM U- 2 L \ nl+ f.f.+/ / - Si 1 ni i! P < SPx- 1 BPmAU. v Oo owtef 1"N'' Y 117- 1 G sPA: e S 1 RIS r'\ 3l l Gfi il.• ti LflAPIM N. ILN ' eoa nur,: srOrs^:..>. l: lrs n:l e a CAF. 60Yldtf:. G! 4R: ctJ: OIx1J n_ Nr LF, fr•: 4:.' S:' ' C.=l]`:: v:•! tilt.' vl Snowmass Chapel and Community Center Final Planned Unit Development Guide I 9-_ T f I I JULY 20, 2009 OdUW:NE REP c -I AL 2 ' 2009 Diu'wf'IZ'..lk ,i_`•_.. . Final PUD Guide Table of Contents Section . Page I Purpose S II Intent S III Zone District 6 IV Planned unit Development Uses and Dimensional Limitations 6 A. Allowed Uses on Lot 1 6 B. Accessory Uses Allowed on Lot 1 6 C. Allowed Uses on Lot 2A 7 D. Prohibited Uses on Lot 1 and Lot 2A 7 E. Parcel Size 7 F. Maximum Gross Building Ground Coverage 7 G. Maximum Building Floor Area 8 H. Maximum Building and Average Campus and Sanctuary Height 8 I. Residential Dwelling Unit Permitted 9 J. Minimum Open Space 9 K. Minimum Number of Parking Spaces 9 V Building Design Guidelines 10 VI. Landscape Cuidelines 10 VII. Parking Management and Contingency Plan 10 VIII. Dwel!ing 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 S. Carillon Bell Sound and Impacts on Community 13 Ddeted:ne 2 h:owm "Chapel Final Fr.D Ga(de. July 24 209 JUL 2DD9 XI. Enforcement 14 XI I. Modifications to the Final PUD Guide 14 A. Major Modification 15 B. Minor Modification 15 C. Determination of Use Compatibility 15 Deleted:no 3 Sbowmam Chapel Plnol PUD Oulde July 90,2009 List of Exhibits Number Exhjkj 1 Legal Description of the Property 2 PUD Site Plan 3 Architectural Elevations and Building Materials 4 Campus Building Height and Floor Area 5 Landscape Plan 6 Lighting Plan Ddeted:ne 4 Snowrnacn Chapel Final?UD Guide July Pq 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. II. Intent The Snowmass Chapel and Community Center Planned Unit Development(PUD)is a development plan for the use of the property that will accommodate the growing congregation and support the community at large with a large gathering place that is accessible to the entire Snowmass Community. The allowed uses are consistent with the ministry and community-oriented mission of Snowmass Chapel Incorporated(SCI),a Colorado Non-Profit Corporation. The new Sanctuary building will accommodate religious worship services. While this will be its primary function,it also provides space for professional counseling services,concerts, meetings,conferences and similar community activities when parking Is available. The new sanctuary space will be designed to accommodate 320 persons In fixed pew seating with additional overflow capacity of approximately 30 persons. This is 120 permanent seats and 30 temporary seats more than are accommodated before the PUD Amendment. It is recognized that this facility serves the community in a variety of ways. SCI,in the Final PUD Guide,provides a"Community Purpose Commitment Agreement,"the purpose of which will be to provide the Town with the opportunity to use space within the facilities to ensure the community's residents and guests that community facility space is available In the future to serve their needs. SCI commits to allowing those community service uses that have taken place on the property in the past. Such uses will continue to be allowed under this Final PUD Guide. With the construction of the new sanctuary building,existing Internal building space may be remodeled to allow for better functional use. This Final PUD Guide sets forth the parking regulations that all uses will be subject to, whether they exist or those that may occur in the future. The availability and number of parking spaces,given the joint use parking agreement with Anderson Ranch,require proper scheduling and possibly limits on the size of activities that might occur, olieted:rte 5 Gno"m"es ChojW Ntn"r PUD Guide n(y 20,2009 Finally,the purpose of this Final PUD Guide is to define those uses that will be prohibited. While the MU-1 zone district allows a variety of uses,this Final PUD Guide further restricts the use of the property and buildings thereof only those specific uses that are consistent with SCI's ministry and community-oriented mission. This Final PUD Guide will preserve certain levels of flexibility in the use of the floor area that will be provided in the project to ensure that SCI can continue to meet the needs of the community in the future. The project will be developed according to the PUD Site Plan,attached as Exhibit 2. III. Zone District The zoning for Lot 1 and 2A of the Snowmass interfaith Chapel Subdivision is Mixed Use MU-1). While there is a variety of land uses allowed in the MU-1 zone district,this Final PUD Guide sets forth the final provisions, terms and conditions for all development and shall constitute the final zoning and development regulations for Lot 1 and 2A of the Snowmass Interfaith Chapel Subdivision,for which it has been adopted. IV. Planned Unit Development Uses and Dimensional Limitations A. Uses Allowed on Lot 1 Chapel and Church services and related activities and programs Community Center Special Community Events and Gatherings Picnic areas Walkway and trails Open Space and passive recreation B. Accessory Use Allowed on Lot 1 Seminars,conferences and study related to the Principal Allowed Uses Community-oriented cultural activities and programs Small classes,workshops space and meeting rooms for the Principal Allowed Uses Counsel Rooms/Office,non-profit or private practices under the auspices of SCI. Study Kitchen Administrative Offices Residential Dwelling Unit Library Accessory Maintenance Building,which may include the golf course restroom oelatad;ne 6 Snowman Chapel Final PUD Guide Jalt YA 2009 i C. Uses Allowed on Lot 2A Parking Trails Open Space D. Prohibited Uses on Lot 1 and 2A Retail Sales Establishments Commercial Lodging Commercial education institution Other Professional business offices not specifically described as an Allowed Accessory Use Commercial catering Any other use allowed in the MU-1 zone district that is not Identified as an allowed use in this Final PUD Guide E. Parcel Size Lot 1 105,023 SF Lot 2A 71.089 SF Total 176,112 SF F Maximum Gross Building Ground Coverage Existing Chapel Building 6,7205F Existing Community Center Building 3,0055F New Sanctuary Building 9,240 SF Maintenance Building 872 SF Total 19,837 SF Deleted:ne Snown,"s Chapel Final PUD Guide ojy 90,9009 G. Maximum Building Floor Area Gross FA LUC FA Existing Chapel Building 6,720 SF 6,610 SF Existing Community Center Building 5,213 SF 4,728 SF Total Existing 11,933 SF 11,338 SF New Sanctuary Building Main Floor 9,240 SF 8,8505F 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 PUG 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 S.uu:mms Chapel Pin.!PUD Guide July.P0,2'009 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 1. Residential Dwelling Unit Number Unrestricted 0 Number Restricted 1 Mlnlmum Unit size 620 SF Bedrooms 1 Units/AC on Lot 1 1/2.361 Ac J. Minimum Open Space Lot 1 Square Feet Provided 85,211 SF Percentage of Site 81%. Lot 2A Square Feet Provided 71,089 SF Percentage of Slte 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 manase the parkins in accordance with a Parkin¢Manasement Plan set forth Formatted:Indent:Left: o.s•,Flsi in the Community Benefit Development Agreement between the Town and SCI. IIM: 0 Deleted:ae 9 Snawman Chapel Final PUD L'atde Jal,1 am 2009 IV, . - B_ .u__dd.ing. Design_G. _ _uidelines rDeleted:q V 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 S. 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 2Aas set forth in a Development Agreement an nowmInc oL7eted:,,nc sh padana nar ne between the Town of Snowmass Village d Sass Cha el or orated Shahid under a Joint ate parkin` g P P 29reement with Anderson ranch ArU Development Agreement")dated 200_ center., Oadeted:ne 10 Snow.aes Chapel Final PUD C.ide J.1y 20,2009 B. SCI shall comply with the parking lot management and contingency parking plans set forth in the Development Agreement. VIII. Dwelling Unit Restrictions A. One residential dwelling unit, measuring at least 620 square feet,shall be maintained on Lot 1 at all times. The use,occupancy, and other matter pertaining to the dwelling are set forth in a Development Agreement between the Town of Snowmass Village and Snowmass Chapel Incorporated("Development Agreement")dated 200 I%. 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 intotonformance with the lighting standards herein. Deleted: ro lftun Deleted:Ins II& 5. Up lighting of dense tree canopies shall not exceed per fixture 35 watts and 150 square feet of canopy. Deleted:ne II tinamman Chapel Final PUD Catde JWX 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 timeron 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,a of July and other similar activities that involve a celebration of the community and gathering of community residents. S. Weddings 6. Carillon concert s Odeted:rte 12 Saornmau Chapel Flna l PGD Guide July 20.7004 JUL. .2009 B. Carillon Bell Sound and Impacts on Community Dekted:0 Thedurationforeachoccurrenceshallnotexceedoneminute.with _ Imn appmr<E Waccept the bpe of carObn the exception of a carillon concert. A concert performed from the l concerts so Asaatmo this during Ula organ shall not exceed fifteen minutes. However,a live concert PI.Pau ary at the PUD SCI pmposesihat the Final PUD Guide allovn performance by one or more individuals may exceed 15 minutes. In the um of the carillon bells as foaowa: 9 such instance SCI will notify the Town prior to the performance. SCI Carillon bells ate Permitted tor the will use it best efforts to hold the concert to a reasonable length of follorivy Purposes. n time. SCI will adiust the length of said performances at the direction Ia. Moony of the Town Council if significant complaints should arise from the b. Memoria SI community, c. woshipserices$ d. Special Nanntulard Community I. EhnO,auth as Memorial Day,OO of July s actirvitlesSCIshallusebestmanagemeOtpiaCSICeStoensurethatsoundemdndHandotherimilar that lnvolsea tin I` WlebmUon of the cammunity and from the bells does not create substantial interference with the peace and gathering of mmmuruty residenu.e solitude enjoyed b residents of Snowmass Village. Wa°°gs 1 Y Y t. unuon canume 9 llse of the bells is limited to hours between 8:00 AM and 8:00 Conarrunkyj^ M9l sou sand Imp a « Deleted:a s With the exception of the carillon concerts,the use of the carillon bells shall Deletee:T!,.duration r«eadt be limited to a maximum of two times per weekday,three times on Saturdays, ' occurrence shall not euead one minute, and four times on Sundays. W h the eaxeptfon or a cadlbn concert that shall not e.teed fifteen minutn. 5, The use of the carillon bells shall be limited to one occurrence for each RDPJeted.- 12 pt memorial,worship service,wedding,event or activity. naett:Hanging: D.s' 6 The use of the carillon bells may be used at noon time. However,If after a trial of one month there are"significant'community complaints, as determined by the Town Council,SCI will discontinue the use of the carillon . ' bells at noontime on weekdays and Saturdays only. Wetted:f 7 _ __ The_use of thea carillon.bells for a concert may occurperipdically throughout_ Daeoeal e 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 . . - t D _ 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 Delema:as 13 9nommao Chapel Final PUD Cattle J.11 24 2009 4 JUL 2 2009 generated in advance of installation or because of day-to-day environmental conditions. Therefore, following occupancy of the Sanctuary building,site restoration,and installation of the carillon bells,a sound test will be performed by SCI and the Town. If it is determined that the sound exceeds 65 dB,then SCI shall apply to the Town for a variance for this standard. SCI will use reasonable best management practices to attenuate noise generated from the bells and the only criteria that shall be applied by the Town for approving the variance will be that reasonable measures and effort has been carried out by SCI to minimize the impact of noise from the carillon bells on surrounding properties. XI. Enforcement A. The provisions of this Final PUD Guide are enforceable by the authority and powers of the Town of Snowmass Village,as allowed by law. Enforcement action will be consistence with the authority and action defined in the Town of Snowmass Village Land Use and Development Code. Except for use of land and the location of open space,which shall run in favor of the Town, all other provision of this Guide will run in favor SCI to the extent expressly provided in this Guide and following its terms and conditions. B. Notwithstanding paragraph A above,the Town may impose upon SCI an enforcement mitigation fee"of up to$1,000 per day or a sum equal to the actual Town costs incurred when it is determined that the parking lot management program set forth in the Development Agreement are not effective in controlling the traffic impacts and parking demand upon the facility and the Town was required to provide traffic and/or parking control on nearby public streets for events utilizing the parking on the chapel site. XII. Modifications to the Guide It is anticipated that modification to this Guide will be necessary from time to time. This Guide provides three ways to modify the terms and development regulations and standards 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 characterof all or part Deeeted:ne 14 8"U'="chnpef Finaf PUD Guide July 90,2009 of the PUD. Major modifications will be defined and processed according to Section 15A-5-390 of the Town of Snowmass Village Land Use and Development Code B. Minor Mcidification 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- S-390 of the Town of Snowmass Village Land Use and Development Code and will be approved if it is found consistent with the establishment goals of the Final PUD Guide,with the exception of minor changes to the exterior building design and interior floor plan,as represented in this Final PUD Guide,which may be approved by the Planning Director provided such changes do not affect the building mass and scale. Additionally, minor modifications may or may not require an amended final plat. C. Determination of Use Compatibility In the event that a land use Is proposed in the PUD that is not specifically described in the list of permitted uses or the list of existing uses that now occur in the PUD,SCI will submit the use and the anticipated impacts associated with the use to the Planning Director. The Planning Director will determine if the use is similar in scope and impact to other uses already allowed or existing in the PUD. If the Planning Director determines that the use Is comparable,the use will be allowed_ If the Planning Director determines that there are unique characteristics that merit further review,the Planning Director shall refer the question to the Town Council on its next available agenda for a determination. If it Is determined that the use is not comparable to allowed and existing uses in the PUD,It will be considered a new use andwill be processed as a minor or major modification to the PUD,depending on the level of impacts anticipated. Ddeted:ne 15 S....m Chap.1 Final PUn Quid. Juty Y0.200.9 EXHIBIT 1 Legal Description of Property Snowmass Chapel final PUD Gulde lury70,2009 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 SNOW MASS INTERFAITH CHAPEL SUBDIVISION, according to the Plat thereof recorded 200 in Plat Book at Page_as Reception No. DESCRIPTION POST - LOT LINE ADJUSTMENT PLAT Snowmass Chapel Inc. EXHIBIT 2 PUD Site Plan Snowmass Chapel Final PUD Guide 1420,200 I r tFi} M \ y. X— a L' F'l : zt_.^.,.:_ ss:::. 7:^. a^ 7^..... iN jf I '.' ' F `• FF`{r+, r. ruu.. r,. 0 I n aww rru. rwa` ra ` ww v„'• w.: iyri If VIGUMEM n.- r I{ i.> r,•. art.;! r i,'•;,;-, y. M(;: ljt a., iS,`: x.•k. f . fir y' J° III 1,/ 1 o` Kt 7• i4r nr! ` x* j,+ u T':'%\` lil : r s4.' F.L,? r Ty Grp r"—- y ,' yr t + g' a.. e®•- i ' MM FOR CONS I- MON It r., ' c r.. e•). / l dr.a.. • il c4l• s' ar ral nc F trw Q '/ _ W.. I 1 .•. . {` dy/ u m sue rt , yy /',.: '°"••!= ;..-..-..,.`'- c\.T r% X... u= Zba sr rur lii' k 1 1• 1 1 , 5.-;-. °• tcs:_- iC - I.6... m.. r°0 EXHIBIT 3 Architectural Elevations and Building Materials Snavmass Chapel Final PVD Guide July 2D,2009 K. M- p TIM? ry I8f81. 1 e6 mf. n SNOWMASS North Elevation CHAPEL t. n T0. fUOGE _ t it . MLYIin E. I=- O pp It vn 7 aw I Mill, Iii— W y ¢ _ EL.• 11;$( I1tTp. Stf eitisnwo wraamirr irten etrinuic '--'" r yar m. SNOWMASS South Elevation CHAPEL MIR 11115111 111FIIIII!, 51, IIIII R xj Xt ir, pit wTAF SNOWMASS East Elevation CHAPEL II\ ( XEIGlft l Alfn t' t m. TO MO E F rim vF', F' IJ1i1N Lava 6— L LOWM SNOWMASS West Elevation CHAPEL August 21 2008; 1 scale' ' 11/8' 1', 0°' TN° IGHr LP1R c O. FF. M NLEIB T.O. CONC_ LOY/ Efi M @151.'?) SNOWMASS North Section Thru Sanctuary CHAPEL lvia' rcn' 30; 200 : scale r1s MAX HFINT• R237 fig' Mtn roofs Diamond Werne0 of shingle style synthetic slate shingles Sitr IN yr' ty 1E."•, i I ` 1'`•' J l`T' I. C/) III .• l+' \, 5 i G ` t iiI I. , 1U r A 4 rJr 1 r - L 2h1 I f 311 sidinai Rusted stee' or wood horimmaf siding Ev' anor• ells Mzfive slow y i' ti•?"„`' veneer ays.• 1 I n r) Sewnday fwtrs: Sanding Seam m wrngaW rOed sleU of capper Columns 210 hum: Dotgfn Flr Mwy Imber S N O W MAS S East Elevation CHAPEL Sam* iaterialsrAtleEegeW scale: tyt5= r-0. I izF C v sTaEVAnoy _ C J SNOWMASS CHAPEL MAINTENANCE Elevations 0T`- M" E`'" n°" BUILDING tY , If, TT F z EAST EVATICN i O aan II Ii nr;im p I . I IINu' a. a SNOWMASS CHAPEL MAINTENANCE NORTH ELEVATION BUILDING Auy W lREvsr- bwARCH 3b;, otk acme: ` I. N. i = o° 0 rJ T I I f ryye", y, fl wnam, oiws secnwt SNOWMASS CHAPEL MAINTENANCE Section BUILDING a Se Main gable root stlinple style synthetic stale shingles, color to match chapel shingle; Board formed concrete Imitation walls r +I Secondary Fool: Comrgated rusted steel Skel column: MIS location only W000 s`? ing- Srafn Columns and beams: Douglas Fr henry timber Nbod siding- Palmed green 5ample.' Wterials Pal ette' 16gen d M M ng f hwest Perspective EXHIBIT 4 Campus Building Height and Floor Area 9nawmam Chapel Final PUU Guide MY20,2W9 EKISTIRO CHAPEL AREA D 01 CHAPEL 5, 320 S.F. R CARETAKER WO S.F. IO ME" NICAL 110S. F.( EXEMPT) TOTAL AREA 5. 050 G.S.F. COVERED WALK 870 S.F. CHAPEL FLOOR AREA 8, 120 GAY. MN(A MECHANICAL 110S. F. ( EXEMPT) X NET FLOOR AREA U10 S.F. PER LUC) 17'- 8' ————— _ 31'- 2' METING LTeEj AW CENTER I CC LOWER LEVEL ; 283 O.S.F. I I COVSHED WAU( 542 S.F. 1 S' COVERED AREA 200 S.F. IEXEMPT) CC FLOOR AREA( LOVYER) 5, 005 G.S.F. COVERED AREA 200 S.F. ( EXEMPT) I NETFLOORAREA 2AW S.F. PER L.U.C.)CHAPEL BOOR AREA 0. 720 0,9.F. Cf CC FLOOR AREA( LOWER) 3, 005 C.S.F. LOWER LEVEL FLOGRAREA 2. 7250'. S.F. CC FLOOR MCA( UPPER) 2200 GS K l TOTAL FLOOR AREA 11. 433 04Y., I I I O FM PER L.U.C: Y CHAPEL 5, 32D S.F. CARETAKER 820 S.F. COVERED WALK 870 SF. BTi I I OC LCV, ER LEVEL 22M S.F. OC COVERED WALK 542 SF. I I CC UPPER LEVEL S.F. TOTAL I FLOOR AREA 11, 3389. F. Existing Chapel Et I MR . Community Center SNOWMASIS Lower Level Floor htanI- j coat z , CHAPEL J I u_ l_ ._ G 80STING OOMMVMD Q_ TERAREA UPPER WVE OECD CC UPPER LFVF. 1. 1, 823 S.F. MECK" ICAL 45 S.F. ( EXEMPT) STAIR 01 OE EX. ( EXEMPT) STAIR E2 05S. F. ( EXEMPT) A OE CLERESTORY 47 S.F. ( EXEMPT) S'A'MAX TOTALAREA 220E G.S.F. DECK 220 S.F.( EXEMPT) 7 TOTAL AREA 2, 200 G.S.F. MECW4SCAL 45 S.F. (. tEXEMPT) STAIR 01 08SF- WZMPT) STAIR 1112 95S. F. 0DEMPT) CLERESTORY 47 S.F. ( EXEMPT) NETFLOORAREA 1. 023 S.F. PER L.U,O.) Existing Community Center SNOWMASS Upper Level Floor Plan CHAPEL AU9USL 71. > 0( 78 ` - . . _ _ v '_.__ . _. ._ - -- - .. - --- - - -'- - - --- cr.. ai' a r3ia`"— I . 1d I:, N Y`•'' n1nI- pMP A[ LOWER LEVEL AREA COU NSELLING 1, 146 S.F. r> •; " I" I'- CONFERENCE 1. 605 S.F. STORAGE SW S.F. El. ANCILLARY 966 S.F. f)! G.f.•.:£.% ._, CIRCU# TION 1, B40 S.F. j \.`. \`:•\ e 5nyo A. • i:i, j I f MECHANICAL MO& F.( EXEMPT) F,.i TOTAL AREA 6, T25 6.F. Y ;• Y COVEREO WALK 600 S.F. TOTAL®(LOWER FLOOR AREA 7, 92riGS. F. LOWER LE) ELI 1 MECAL FLOOR AREA 7, 325 S.F.( MECNANICAI 8405. F. EXEMPT) CONFER6NCS NET FLOOR AREA WJ 8, 4868F. 3 EXISTING COMMUNRY J CEO- rte~ 1 SNOWMASS Lower Level Floor Plan CHAPEL uyust 21; 2408 ( rev , Nl' a .: 30 - 209); seale;•' ie 1 0' n MAIN tEVEi. AREA p OIIAHCEI/ SMIC7WRY 4. 70) SF. I/ j SAM OF NOUSEF- TOR 035S. F. Jr. u , ANaLLARf 255 S.F. T+ ,. e: e /:/ 5TNR8IELEVATOR 390& P.( EXEMPT) ewoN 1. os. F. T a) yn w I' TDTKAREA 7. 230 S.F. COVERED WALK 201DS. F. iY P : . ./• t//) TOTKFLOORAREA 9, 2AO O.S.F. 1r 1 / rr- MAIN LEVEL) i T TOTK FLOO 90 S.F. 3TA0iSELEVATORATOR 393908F.( EXEMPT) NET R000. AREA( W) 3, 6605F. PER LUG) LOWER LEVEL 7. 325 S.F. MAIN LEVEL 0. 240 S.F. t(3 II UPPERLEVEL 1. 400 S.F. TOTAL ROM AREA 17. 8353. F. FAR PER LU. C.: r• '.( I LOWER LEVEL 3, 435& F. MAIN LEVEL 0. 350 S.F. f..!. ` > : +. / y ti:•!`' j.: LVPER LEVEL 1. 310 S.F. i i el0rJ6 4 TOTAL NET FLOOR AREA 18. 84. 55F. l7 Q r Y* . rte SNOWMASS Main Level Floor Plan CHAPEL August: 2l;;: t 0 lu'( rey. ar. 30., 2 , U9) scale- de,= 1 0' ' NLEA10RGL SWL i A I i UPPER LEVEL AAEg MRZAN 350 S.F. h ANCILARY 640 S.F. STO c 3M S.F. OESTAIRS 90S. F.( EXEMPT) TOTAL AREA 1. 400 S.F. 8 TOTAL AREA 1. 00 as. STAIRS EXEWD OSF TLWR AREA( UL) 1, 310 S. ap. To am, STVOG Q2MMWM CE 5W" 0M IS 14---T-- Sw STEEPLE A SNOWMASS Upper Level Floor Plan F— CHAPEL jgust* 2I, 20, 68`( rev. Mar. W, 205) SC616: I. J1' 6: = 111M UPPER LEVEL GARAGE 8605E COVERED AREA 126F CM XS• 12) TOTAL FLOOR AREA 8T2 SF UPPER LEVEL) LOWER LEVEL 6255E UPPER LEVEL An SF I O TOTAL FLOOR AREA 169] 6F e+ CPER LEVEL AP SF COWER ve r TOTAL FLOOR AREA 16526F r I r I SUPPER LEVEL FLOOR KAN SNOWMASS CHAPEL Upper Level Floor Plan MAINTENANCE Floor Area Calcs BUILDING august 21;; ' 2_ 08,{ REVISED WARCH` 10 LOWER LEVEL J] STORAGE 618 SF C MEC ICAL( FAR) 132 SF i ¶ MECFARCAL 45 SF( EXEMPT) Itl TOTAL FLOOR AREA 625 SF LOWER LEVEL) TOTAL FLOOR AREA M SF L O WCNANIGL AS SF( FJ( EFPT) NET FLOOR AREA( LL) 750 SF a i LMLEVEL FLOOR PLAN r M SNOWMASS CHAPEL MAINTENANCE Lower Level Floor Plan BUILDING 3 L e y a Ton,Z':T9 CAR ER CW 1V V 00 CDC A nocatagpuh l000 oa KITCHEN OCg ]OCO BTOR OODMOOMEIDmFcliOILE5PLAY 0 QElrjoCjDpq000 ENfRV a0u am 6 UOOO UUOU 1 IST. OUOOOOOOCCOCMCI CW AY LIOOOCCUUOPOOOOOOO 0000Oa MO000000 00009sap00Oa00 UUUUC O CCCC 00000 00O 0000 I I ' rsn P,GO6s Average Building Height Calculation Snowmass Chapel Senchary CCVAe th"..l.le. JVL 171006 Method:break red plan into amprt *Calculate area,average height and WWma for each segment,tow these for each bLwbg BM camp=. F.rnr., Chat I E)detlng Community CarWr Av.M Or meN n X I Av.IF of s M R X Area d S vdurne m.fl 27 z 258• 0012 11.5 x 542- 6233 24 x 240= 5760 11.5 x 48- 552 15 x 4517• 57755 21 z 541• 17601 14 x 100- 1400 21 x 825= 17346 11.5 x 6W. 6600 20 x 180• 3200 13 x 1007= 13091 29.6 x 3m• 11448 ToW BUldi g Vol" 101016 alai 6uJQrg Vdums 58438 Total SuOdkg faolpnrd • 0720 ow BufldIng fwtpren 2805 BViidi Ar.Ht. ddMded f N InR 16.1 Building Av.HL Wol&&8d by FcotprkA On ft 20.12 Chat I Sand= Av.HL meM res d S men .R = dome N.R. 1 38 x - 165• 6270 2 47x 850= 30950 Tool Ca.npasvolume 43e,e66J10 cu.FL 3 33 x 4,000-132000 ToolCwpusfwtprinl 10,570A0 at. 4 37 x 645- 23085 6 17.5 x 500• 6750 Av.HL Of camp= 12AB IL 6 17 x 770 a 19090 7 1S.5 z 1.360- 26520 8 13.5 x 510= 7200 NI rgures ateµprtcih 6.Wed on 80%Consblldbn DoMxrWbL 0 18.5x 290 5365 Nl height,are from pricraldstbO grade. 10 20. 875 17600 Av.W. to mkoced between we and ridge of a sbphV roof. Tdal Rdldng Vc?"a 28050( Told Widxq fodpdnt 9s+steeple)9,095 BLd M.Hl d.Onded by f In R.28.07 Snowmass Chapel Building Height Matrix 8/21/2008 (REVISED MARCH 30, 2009) Point Elevation Height from Comments Existing Finished Existing Finished grade grade grade grade 1 8196.27 8152.7 8151.77 43.57 44.5 Ridge 2 8209.27 8153.7 8151.77 55.57 57.5 Ridge 3 8209.27 8164.5 8163.77 44.77 45.5 Ridge 4 8184.77 8162.5 8161.5 + 22.27 23.27 Eave 5 8178.1 8156 8157 1 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 81.61. 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 8185 8163.77 24 25.23 Ridge REC, IVED o ii JI1U•,n: o. woaE ommunb- Devvlopn1nn; cn w Qa- 51' U O z "_I c = !lil'IIIIIIIIIII lllllll{IIIIILi i ill I nmll IIt lil I L v—"—, t.• l'lllllllil!'l`IIII S i/i l'tlLt:l' I'II M.: _ 111111111Iililllll",' j"' q j f 1 - f=•': IS ;'I,i aaS„.'--. (C f+jf ; Iti j`}. hr To t 1 t3 TC:.j- 1 :.. " a.`kp'4 ,YLr ', ;t;::,?j I I;{ :,'i. ` 7y',i( I,I 3' i :III i / 1 ,, Y>.. Xy ^ Y i.1 {I I i ytl, a ^!y n Irarlli,I L'I•_ r_I {4j 11'I I:, I`I z f w <•J! y ` y'' It"T f_.I I 1 : 'r' f fl . L YS ti iK1. mil, - '!.-•.. : 1=_I 1 r;i r -1. ItU11f?,Uill.l,+"t.L; l•," l flTl ' i 1'1' 'T?'llff{i;11i`rlliNIT ;li ail cc tt cz N. Q J, 15 s e r 1 4- 1 hi 71, 1 1 CahMUKrTY r CENTER 1 1 r r 1 i 1 1 eM y F1. TT B O N nfl SNOWMASS ite Plan CHAPEL ra6nD eleva lon marke, a EXISTING GRADE j Avw q2I. 2CO3;( RE' ASED MARCH 30 2009):: scalp, '•'= 20- 0' 7 t:... L 11 I Ei• bt' Tr ov Ir V rr mar+• , Y/ 10' t /!( l faq 1 L I` BV O e Yt ]! b E o SNOWMASS ite Plan CHAPEL ti0406a[ mnirwkets FI1ISH, GRAUE, I AugOst21.' 2.( M( REVISEDWARCH 30:- 2009}` sc810:- 1'= 20- 0' HEIGHT VARIATION FROM EXISTING GRADE: MORE THAN BE UNDER IHENO 1 ARIATLI IT UNDER ISTING II ai I HEIGHT LIMIT FROM EXISTING I• G`; GRADE.BUILDING FOOTPRINT I106. F. 1IT` yi STEEPLE( EXEMPT,.,_ 120 Ste; It'n'2. i ly: 4 12 O= TLAREAOEIAWdC L/. J HEIGHT IJMIT( 5. 050 S.F.) OUILDIAG AREA ABOVE IO r'•;'- jk::+ i 1,_ HEIGHT LIMIT J4, 080 S.F.) lbj` t I I 1 r , s 7 I i a SNOWMASS Main Level Floor Plan CHAPEL HEIGHTVARIATIONFINA FINISHGRADE:MORE THAN 50% OF BUILDING T',• AREA WUL BE UNDER THE 40' lZ HEIUHTUMII" FROM FINISH 1: tt`,` rx GRADE.BUILDING FOOTPRINT 7, 240 S.F. STEEPLE( EXEMPT) j., 120 SF. I% 7 BUILOINGAREA8ELOW47' L/ j HEIGHT LIMIT h' t\`.`..: e, v I, 5265 S.F. pN"• BUILDING AREA ASOVE40' y-. y / HEIGH7l1MR(], ) li 5S59. F. Pi MUN IV r 11 BELL SNOWMASS Main Level Floor Plan CHAPEL 1 EXHIBIT 5 Landscape Plan Sommoss Chapel Paul NO Gulde July 20,2009 u 9€f gC , 11 i nE ia>I JE. :iF a r EMr r u a s s i : T- Rb— will R¢ :3a P 4 I ! c ° E4,U8 i J M- i etr 0 1 Ill I i IIyyy5r N 4p, 38tYi€g 61 Sun 2 a _ I i ff l y r 1.. .'•. x E Ii9l il9[9(!SS1! a L\ WEC\y,; of 7y"yy 0 9'• l]'_•E,•' S i J i r' or-, Gz LANDSCAPE PLAN q MWU4SSCHAPEL PLANT LIST QUANTITY BOTANICAL NAME SIZE SPACING CONDITION COMMON NAME TREES 8 MALLS 90LGO' 1 112"CAL.AS SHOWN MATCHED.B&B DOLGO CRABAPPLE e 30 PICEA PUNGENS B'HT. AS SHOWN B&B COLORADO SPRUCE 6 PICEA PUNGENS 12'HT. AS SHOWN B&S COLORADO SPRUCE 3 PICEA PUNGENS 16'Hi. AS SHOWN B&B COLORADO 3 PIEA PUNGENS 25'.HT. AS SHOWN B&B i COLORADO SPRUCE 9 PICEA PUNGEN MONTGOMERY' 5 GAL. AS SHOWN CONTAINER MONTGOMERY DWARF SPRUCE B 49 POPULUSTEMULOIDES 2-.9"CAL. ASSHOWN B&B QUAKING ASPEN C 19 POPULUS TEMULOIDES 1 1/2"-2" AS SHOWN B&B. QUAKING ASPEN CAL. SHRUBS 53 CORNUS STOLONIFERA'ISANTI' 2GAL VO.C. CONTAINER ALPINE CURRANT 66 JUNIPERUS COMMUNIS'FFFUSA' 2GAL VO.C. CONTAINER COMMON JUINPER O 19 RIGES ALPINUM 2 GAL 4'O.C. CONTAINER ALPINE CURRANT O 24 SPIREA VANHOUTTEI'RENAISSANCE'S GAL, 5'O.C. CONTAINER RESAISSANCE SPIREA GROUNDCOVER 5.7B1 SF AR NKINNICK LOS lNA•URSI 4'CONTAINERS®24'O.C. 1,180 SF ANNUAL COLOR PROVIDED BY OWNER 3,850 SF SOD C,ff,VZ t ru. ( JUL 2 L! 20D9 DfieWrr°,i38 vlu>yr: R E V E G E A T I O N SEED MIX 4 fiillmunNy Dev?IpprPa'1 Indian Roe Grass'Nez Par-Anhnatherum hymanoides'Naz Pet 3.0 llbs/acre Sandberg Bluegrass-Poa'seeunda'Shennan' 0.5 fibs;/acre Thlckspike Wheat Grass-Etyma lanceolatus 2.0 ubs/ac m re Slender Wheatgress San Luls'-Elymus tmchycaiulus 3.0 Ims/acre 3. Mountain Broe'Gaef-Bremus morginatus'Gamof IIbs/sore m m Arizona Fescue-Fastum mina'Amba' 25 llbs I acre Amba Wastam Wheatgrass-Pascopyrum Smiddl'ArribW 0. 6libsIacre Mountain Sage-Artimosla tridentate vaseyana 0 Ube acre Rubber Rabbit Brush-ChrysoLhwmnus nauseosus 025 fibs/acre Prairie Sage-Artimesia ludnciana 0.25 Ilbs/acre Fdnged Sage-Artimesla Frigida 025 IWs/acre Hairy Golden Aster-Chrysopsis vBloss 1.0 libs/acre Silver Lupine-Lupinus argenteus 20llbs I acre Rocky Mountain Ponstemon-Penslemon strictus 0.5 IOn/acre Arrowleal Balsam Root-Balsamoddza sagitiata 23.0 lbs.Pure Live Seed I we WETLAND REVEGEATION SEED MIX Fowl Bluegrass-Poa palustris 10% Tufted Hair ms-Descham sis m%131108a 30% Streemhank Wheatgrass-Erymua larueoletus sop.lanceolatus %% Western Whaatgmss-Pascopyron amfthg ArctirAlattic Brush-Juncus arcticus/oaltiws 5% EXHIBIT 6 Lighting Plan Snowmass Chapel Fino1 PUD Guide Jury 2D,1009 Am z LL ,F 1 4; : fr IN L, i lin i SNOWMASS CHPPEL EUERJOR QT, Exhibit "C" Town Council Ordinance No. 9, Series of 2009 Insertion for — Subdivision Improvements Agreement with its exhibits incorporated by reference only except for the Construction Management Plan) SUBDIVISION IMPROVEMENTS AGREEMENT FOR SNOWMASS INTERFAITH CHAPEL SUBDIVISION THIS AGREEMENT is made and entered into between the TOWN OF SNOWMASS VILLAGE,COLORADO("Town"),and SNOWMASS CHAPEL, INC., a Colorado Non-Profit Corporation("Subdivider"),to become effective 2009. 1. Recitals JUL Q c 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:rffl;ililL nr;Y. 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._9,_ Series of 2009_ Meted: 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 Se_ri_es of 2009_" - Deleted: are performed by the Subdivider. Deleted:ne Page 1 Sm.Chapd SuedNWM prmemutAgreem¢m J W.O,,1009 a 2. Public Improvements. To complete the construction of the new anctuary and all related utilities and other site orJecen:sanaart.ry 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 "Orr hereto. All such public improvements (the "Public Improvements") shall be constructed and installed in accordance with the Engineered Plans and Specifications heretofore approved by the Town. The Subdivider agrees to pay the entire cost of installation and construction of all of such Public Improvements and shall install and construct the same prior to 200_ b. The Public Improvements to be installed are generally described as follows and more particularly described on the Engineered Plans and Specifications,Exhibit"B" hereto,to wit: i) Grading and Drainage. Construction shall be in accordance with said Drainage Plan,submitted with the Engineered Plans and Specifications. ii) Water Distribution System. The water distribution system shall include fire hydrants, water lines, and appurtenances, and shall be installed in accordance with the Engineered Plans and Specifications. All water service lines shall be owned and maintained from the service valve at the water main to the property by the owner of the property receiving service from such line. iii) Sanitary Sewuee 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 odetad:ae Page 2 Srro.man Chapel SnhdrvalM fmDravenrml Agnemenl J"d.20y T009 Subdivider shall be responsible for obtaining all permits required by the Army Corps of Engineers for any work in the stream channel, jurisdictional wetland, or riparian area before construction commences. vi) Parking Construction. Subdivider agrees to construct a minimum of 12 additional parking spaces on Lot 2A in accordance with the Engineering Plans and - Specifications. vii) Fire Access Lane. The Subdivider agrees to construct an emergency and fire access lane in accordance with the Engineered Plans and Specifications, viii) Transit Passenger Waiting_Shelter, Bus Pullout, and Sidewalk. The Subdivider agrees to construct a mid-sized transit waiting shelter that complies with the Town's size and architectural standards,a pullout lane for the Town bus,and a sidewalk on the north side of Owl Creek Road that connects the Brush Creek Trail and the Subdivision access road in accordance the design and at a location described in Exhibit"C"to this agreement. The Subdivider shall construct a larger transit waiting shelter than required under this agreement if the Town agrees to pay the cost difference between a mid-sized and larger shelter. ix) Brush Creek Bank Stabilization and Habitat Restoration and Enhancement. The Subdivider shall restore the bank along Brush Creek down stream of the Vehicular Bridge and Culvert Replacement to the easterly boundary of the Subdivision and restore aquatic habitat within the stream according to the Brush Creek Restoration Plan,which is attached as Exhibit"D"to the Agreement. x) Laddsopin¢. Subdivider agrees to construct all landscape improvements in accordance with the Landscape Plan, which is attached as Exhibit"E"to this agreement. Subdivider shall cause the marking or fencing of all existing vegetation that shall be preserved on the site and conduct a site review of the non-disturbance area with the Town before construction commences. Subdivider shall replace any tree that, having been fenced for protection from disturbance,is disturbed by construction to the point that it should replaced Deleted:M caae tian xi. Partial Completion Revegetation. Following commencement Of petleted;e construction of any improvements set forth in this Agreement, SCI shall revegate the site if ;' Deleted:Fallowing the construction ceases as follows: petded:eamar a. In the instance that SCI obtains a panial penni[p°td°d"'l from the Town for the purpose of--nstallin he underground utilities as allowed in Section 3 oersted'.mtwtg below, all disturbed areas related to the instaltation of said utilities shall be revegetated with peat maiil natural grasses and temporary irrigation shall be provided to establish the grass provided that ;' - pddeat w full building permit has not been issued for the Project. In the event that construction activiri . odeteu:a related to the installation of the utilities ceases for any reason Lot 90 days the disturbed area, ' pdeted m Page 3 Snowman Mwl S11UNalnn lmprovemenUgraamem JaWq 1009. -_-. . . shall graded and reveaetated with natural grasses and a temporary irrigation shall be provided to establish the grass unless otherwise annroved by the Town Council. When The .99, days-, . Deleted: foppminaorisoaari. terminates during the winter season,revegetation shall occur before June I of the following:_year Deleted:ro tM1=avwnh.nM1e 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. Suid Public Improvements are described herein and the estimated cost thereof arc 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 Stutc 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. J. 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: inhatcaea Town for the purpose of installing and-co mpletil the_installation of the underground water Deleted;= distribution system, sanitary sewage collection system, and master gas, electric, telephone, and J Deleted: cubic utilities in advance of the issuance of UTe tali wilding pemtit_for the Freres; if SCI_, Deletes:n, Page 4 Snwmen(•h rl Snddrvirlonl rowmrnr Agmemmt JntGlD,1009_ demonstrates to the reasonable satisfaction of the Town Council .hat_SCI has sufficient funds_ I 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, SCI shall provide a bond, letter of credit or other security in compliance with Section 12, which shall be approved by the Town in the amount sufficient to ensure therestoration of the site to the rneconstruction grade And revegetation with a Deleted:eK 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 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:Laos install and completed,as allowed in5eclon 3(a). Deleted:, Deleted: ordwu au:nuy W ,. 4. Construction Management Plan wmpiped Deleted:unda During the construction and installation of Subdivision improvements, the Subdivider shall comply with the provisions and requirements of the Construction Management Plan approved by the Town,which is attached herewith as Exhibit"G". 5. Inspections During the installation by the Subdivider of the Public Improvements described in Section 2 above,the Town may: a. Inspect the work in progress with such personnel as the Town deems necessary. b. Require the production and inspection of the plans and specifications of the Subdivider and any contractor or subcontractor working on its behalf in connection with the work in progress. G. 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 Snowmnn Clwpd SuWW,1on rmprotiemen(A,,e, m, hJy j0,;da 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 shalt not be deemed an adoption of them or a representation or warranty to the Subdivider or any other person or entity that the Engineered Plans and Specifications, or any work performed under them, is fit for the purpose intended or otherwise safe. The Town's approval of the Engineered Plans and Specifications, acceptance of the installation of the Public Improvements described below, or the use and maintenance of such Public Improvements shall not be deemed to be any of the activities listed in C.R.S. 2410-106(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 shalt 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 dale of acceptance of the work by the Town or until July 1 of the year during which the second winter season terminates following acceptance by the Town,whichever occurs first. In the event of any detect,the Town may require the Subdivider to correct the defect in material or workmanship. g. Legal Compliance The Subdivider shall comply with all State,Federal and local laws,ordinances,rules,and regulations, including, by way of example, Chapter 16A Snowiness Village Municipal Code Land Use and Development Regulations)and all other ordinances and regulations of the Town. Deleted:na Page 6 s'..CAapd SutdlNifun I-,---mr Agmnnuf Jua'0,1000 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 farther action of either party,except as otherwise herein provided. a) Water Distribution System Improvements b) Sanitary Sewer Collection System Improvements c) Master Gas,Electric,Telephone,and Cable Utilities d) Transit Passenger Waiting Shelter,Bus Pullout,and Sidewalk 10. Certificates and Permits No certificate of occupancy shall be issued for or relating to any structure within the Subdivision until full completion by the Subdivider of all Public Improvements within the Subdivision as described in Section 2, above. Except as provided in this paragraph, nothing herein shall limit the obligations of the Subdivider imposed by any of the Town's ordinances concerning the issuance of a certificate of occupancy. Without limiting any of its rights under this Agreement, the Town may, but need not, issue certificates of occupancy and grant extensions of time for the completion of construction and the installation by the Subdivider of any improvement,but only as is provided in Section 12,below, No extension of time for completion shall impair the Town's rights under any instrument of security described in Section 13, below, and the parties obligated under such security instrument shall be deemed to have consented to the Town's extension of time whether the Town gives actual notice or not to the party liable on the instrument of security. 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 Deleted:ee Page 7 Srtmvmon ChrpdSrrdJlw`lon dnprorememAgeemenl JuWQ,1009 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,FOnstruction, the Town Engineer may require an _ - Deleted:r.:ae.c6.. 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 anv or all Public W ed:as aymght Improvements,ps allowed in Section 3,above, The Subdivider shall pay all costs incurred in -ted:Not HgWlght obtaining the letter of credit. The letter of credit shall be in a form approved by the Town ar,n.ac.a o:hcniu sir. Attorney and issued by a State or National chartered commercial bank and shall, among other `; , things, entitle the Town to draw on the unconditional letter of credit by presentation to the ed:Not Ngmght issuing bank of a certificate that the Subdivider is in default in its obligations to install Public m f.ah. -- Improvements under this Agreement,that a sum certain is required to cure the default,and that the issuing bank shall forthwith deliver the sum certain to the Town. Nothing herein shall limit pw:.meir....r.of. any other remedies available to the.Town.a 12.2 Release of Collateral. As construction progresses,the Subdivider shall be allowed to apply for partial releases of the letter of credit securing payment of the cost of Public Improvements installed and accepted by the Town subject to the warranties required by Section 7. The Subdivider shall provide the Town with a written application stating what Public Improvements have been completed and the amount of the letter of credit for which partial release is sought. The Subdivider's engineer shall certify that the Public Improvements for which the partial release of the letter of credit is sought have been installed and completed according to the terms hereof, Engineered Plans and Specifications and all Town Municipal Code requirements.Once reviewed and approved by the Town Engineer,the request will be submitted to the Town Council for final review and said partial release shall occur upon Town Council approval. The documentation associated with any such partial releases shall be in a form approved by the Town. Notwithstanding the foregoing, the Subdivider shall in no event be entitled to the release of more than eighty percent (80%) of the cost of Public Improvements prior to the completion and acceptance of all Public Improvements required hereunder. Within, thirty (30) days after the Subdivider has completed all of the Public Improvements required by this Agreement and the work has been approved and accepted by the Town,the entire remaining amount of the security,less an amount equal to ten percent(10%)of the original amount of the security shall be released. The warranty period under Paragraph 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:.. Page 8 Srm.mou Cl1rye/S[dM.lon lmy o..mw Agn•.vnr lutyfotpy _. ._. . 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;nr Page 9 Srrowmtue ChgpelS"bCH4ian rmprovemmt Agumenr J"k.1009_ Subdivider nor anyone acting through it shall attempt to hold the Town liable for any loss or damages arising out of or in connection with the Town's approval of the Subdivision. 15. Benefit The provisions of this Agreement shall bind and inure to the benefit of the parties,their assigns as allowed by this Agreement,and their successors-in-interest of all kinds. 16. Non-Waiver Any indulgence by the Town to the Subdivider as to the performance of any portion of this Agreement and any waiver by the Town as to the Subdivider's performance or non- performance of any part of this Agreement shall not be deemed or considered to be an indulgence or waiver of any other part of this Agreement or any subsequent non-performance by the Subdivider. 17. Breach by Subdivider;Town's Remedies In the event of a breach of any of the terms and conditions of this Agreement by the Subdivider, the Town may take such action as the Town deems necessary to protect the public health, safety, and welfare; to protect lot buyers and builders; and to protect the citizens of the Town from hardship,which action may include the following: a The.refusal to issue to the Subdivider any building permit or certificate of occupancy;provided,however,that this remedy shall not be available to the Town until after the affidavit described in subparagraph(b)below has been recorded. b. The recording with the Pitkin County Clerk and Recorder of an affidavit approved in writing by the Town Attorney and signed by the Town Manager or his designee, stating Cwt the terms and conditions of this Agreement have been breached by the Subdivider.At the next regularly scheduled Town Council meeting, the Town Council shall either approve the filing of said affidavit or direct the Town Manager to file an affidavit stating that the default has been cured. Upon the recording of such an affidavit,no lots or parcels may be sold,conveyed or further developed within the property until the default has been cured;an affidavit signed by the Town Manager or his designee and approved by the Town Council stating that the default has been cured shall remove this restriction. C. Drawing upon the security for the purpose of undertaking completion or remediation work on the Public Improvements after providing Subdivider with the ten-day notice specified below. d. The refusal to consider further Subdivision plans within the Subdivision. oereesa:n. Page 10 9m nn»Chnpe/.N6drvu,vn lmpmernm Agrtrmrm iv(rja,Sap 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 Deleted:M Page 11 Snm..OWdsMvh.ImprovemmlAMre I 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 impoSition4L or rawneti conditions on the Subdivider as set forth herein or in the other documentation being executed contemporaneously, and concerning the procedure, substance, and form of the ordinances or resolutions approving the Subdivision and adopting this Agreement, 20. Final Agreement To the extent that this Agreement is in conflict with any prior agreement between the parties,this Agreement supersedes and controls with respect to said areas of conflict. In all other respects,said prior agreements shall remain in full force and effect. 21. Modifications This Agreement shall not be amended, except by subsequent written agreement of the parties. 22. Release of Liability It is expressly understood that the Town cannot be legally bound by the representations of any of its officer or agents or their designees except in accordance with the Town of Snowmass Village Code and Ordinances and the laws of the State of Colorado, and that Subdivider, when dealing with the Town, acts at its own risk as to any representation or undertaking by the Town officers or agents or their designees which is subsequently held unlawful by a court of law. 23. Invalid Provision If any provisions of this Agreement shall be determined to be void by any court of competent jurisdiction,then such determination shall not affect any other provision hereof,all of which other provisions shall remain in full force and effect. It is the intention of the parties hereto that, if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 24. Governing Law The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Pitkin County,Colorado. Deleted:m Page 12 SimwmauCAnprl Snbdh4lan/myrorcmmAgnsrrmf A,WD 1009 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 parries 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 77169 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 uetat.a:m Page 13 snowrxur COagd Su&,Wukn lmprvmmmr Agrc m.m 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 parry making such request shall pay to the Town its reasonable costs and attorneys' fees incurred in preparing,executing and delivering such statement. When all Public Improvements have been completed and accepted by the Town, or the pertinent utility supplier, and the Warranty Periods described above in Section 7 have expired, and provided that the Subdivider is not in default of any other obligations to the Town with respect to the Snowmass Interfaith Chapel Subdivision,the Town agrees that it will issue a letter, after consultation with the pertinent utility supplier(s), if necessary, in recordable form, certifying that all obligations of the Subdivider under this Agreement have been satisfied. Subdivides 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 Boiheau,Mayor date) ATTEST- Rhonda B.Coxan,Town Clerk SNOWMASS CHAPEL,INC. A COLORADO NONPROFIT CORPORATION By: date) Deleted:m Page 14 Srewnrau CMrpel$r16diY6tpn(mprorcmem Agrrrmrnr JaW.. STATE OF COLORADO as. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day Of 2009,by Bill Boincau as Mayor for the Town of Snowmass Village and by Rhonda B.Coxan as Town Clerk for the Town of Snowmass Village. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ss. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day of_ 2009,by__as of Snowmass Chapel,Inc„a Colorado Corporation, Witness my hand and official My commission expires' Notary Public tkletBd:ne Page 15 nm.mnu Chnpel Sub4iNelon/mpro.emenl AYnemem EXHIBIT"A" LEGAL DESCRIPTION Dde d:ne Page 16 Snowmen Chgel SuWNW.o ImyrevemmlAgreem nl Aw.0,,IOW EXHIBIT"B" ENGINEERED PLANS AND SPECIFICATIONS Deleted:m Page!7 Sm..CAopd SnD NWv lmprawmen(Agrcemw EXHIBIT"& TRANSIT PASSENGER WAITING SHELTER DNetad:mr Page 18 Snowman Cha lSbbd(vWon lm wwm rAgmrmmi Judj0,700v EXH1131T"D" BRUSH CREEK BANK STABILIZATION AND HABITAT RESTORATION AND ENHANCEMENT PLAN Ddeted:x Page 19 SnawmamC XlSmMr ,r' I pro lllAgm~ JuhJO,7009 EXHIBIT"E" LANDSCAPEPLAN Deleted!m Page 10 Sronmau Gaya'SaDOM+lon Imwovemenl Agnemenr ALP 2009,. EXHIBIT"F" SUBDIVISION IMPROVEMENTS COST ESTIMATES DeJeteA:ne Page lI SW.Cha ll SAd'rvicn Agmemm/ JiaJO._2009_ EXHIBIT"C" SBDIVISION CONSTRUCTION MANAGEMENT PLAN Page 22 Smwnm CFayr196Gvulon Gro.o.eranf ASxmenr A Or 7009_ Snowmass Chapel 5307 Owl Creek Road SnOwmd55 Village, CO 81615 Sanctuary Addition -Construction Management Plan June 20, 2009 CEE TV IJUI QR 2001 i5d'f11nq.. .. i tlT:!i[ili}' U8Y"ri4)IEEfIt Prepared by: Phil Vaughan Construction Management, Inc. 1038 County Road 323 Rifle, CO 81650 Snowmass Chapel 5307 Owl Creek Road Snowmass Village, CO 81615 Page 1 of 12 Sanctuary Addition-Construction Management Plan Table of Contents 1. General Contractor Selection 2. Team Structure 3. Construction Schedule 4. Site Management Procedures A. Site Drainage/run-off control/ground water B. Hours of Operation C. Communication with Anderson Ranch& Fire Station and Coordination with Major Community Events D. Noise and Lighting E. Traffic Control F. Manpower/Trade Analysis/Employee Parking G. Site Clean-up/Housekeeping H. Fencing and Protection/Staging Areas I.Safety J.Final Cleanup/Grading/Revegetation S. Ongoing Coordination and Review by Town of Snowmass Village. Page 2 of 12 1. General Contractor Selection Fenton Construction of Aspen, CO has been chosen as the General Contractor for the project. 2. Team Structure The construction team will consist of the following: A. Owner-Snowmass Chapel, Incorporated B. Design Team- Lead Architect- Larry Yaw with Cottle Carr Yaw Architects. C. Owner's Representative/Construction Manager-Phil Vaughan Construction Management, Inc. (PVCMI) D. General Contractor- Fenton Construction 3. Construction Schedule The total construction duration is anticipated to be 18 months. The following is a brief description of the phasing and durations. A. Mobilization and site utilities relocation-30 days. B. Excavation,forming and pouring caissons or micropiles &stemwalls, backfill- 120 days. C. Underslab utilities installation and pouring of interior floors-30 days. D. Steei 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. I.Exterior grading and preparation and pouring of site concrete-45 days. Page 3 of 12 J.Interior doors and trim installation- 60 days. K. Painting, cabinetry installation, tile and marble installation, hardware installation-80 days. L. Electrical, HVAC and plumbing trim-30 days. M. Carpeting installation- 10 days. N. Punchlist and final cleaning-30 days. 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. Prior to the commencement of any construction on the site,Snowmass Chapel's construction manager or contractor will meet with Town officials to review all aspects of the construction and detailed construction management and best management plan measures proposed in this application that will be used on the site. Snowmass Chapel will take into consideration any request from the Town with respect to other reasonable construction management actions that will further minimize the effects of construction on the environment and public roads. Snowmass Chapel will respond in writing to any request from the Town, describing how it will implement measures suggested by the Town or how it will resolve any potential problems identified by the Town staff. If the Town staff does not find that Snowmass Chapel's response is appropriate,the Town staff may schedule a meeting with the Town Council and Snowmass Chapel to resolve any differences. Snowmass Chapel will agree to conduct a weekly inspection with the Town staff or, as may be agreed to by the Town staff, a review based on site performance of the contractor and determine the effectiveness of the best management practices. Snowmass Chapel also agrees to meet with the Town staff after each large storm water event. Page 4 of 12 Best Management Practices on-site will include: 1. Stormwater Diversion- Runoff shall be controlled and, if needed,diverted away from construction activities. The Town of Snowmass Village has the ability to require detention ponds during construction if actual field conditions support the need for them in order to further minimize the effects of construction on the environment and public roads. 2. Tree &Vegetation Protection-All trees and vegetation that will not be disturbed from construction will be protected prior to commencing construction by a temporary construction fence. 3. Handling and Spill Prevention-Where possible, materials will be stored and handled in covered areas to prevent contact with stormwater. Owner's Representative and Fenton Construction General Contractor shall identify spills and containment and cleanup measures shall be taken. Spill Prevention Efforts: a. Do not have more than 25 gallons of possible hazardous material on the construction site at any one time. b. Store all hazardous material in a flame resistant locker that is surround by straw waddles and is located in a slight depression C. Keep a 25 pound bag of oil absorb material next to hazardous material locker d.Keep a box of clean, dry rags readily available for possible liquid spills e. Install straw waddles and silt fencing along the perimeter of any existing wetlands or stream located on the property Spill Mitigation Procedure: a. In the event of an emergency call 911 b. Depending on the spill, contain spilled material as quickly as possible with liquid absorbing material and clean rags C. Notify local authorities as soon as possible is 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. 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 contro! during construction of this project should be minimal. Excavation will require dump trucks to travel onto the site and haul materials from the site during excavation of the foundation for the new sanctuary. It is estimated that approximately 6 trucks per hour with maximum peaks of 10 trucks per hour would be moving materials to and from the site. Wash racks shall be utilized on Snowmass Chapel property and thus street cleaning by skid steers will not need to be utilized during construction. Signage on Owl Creek Road and Brush Creek Road will be installed to note 'Trucks Turning" and other caution signage. A traffic control firm will be hired by the Fenton Construction General Contractor to coordinate signage and traffic control. All signage and traffic control will be done as per the"Colorado Work Zone Best Practices Safety Guide' prepared by the Colorado Department of Transportation(CDOT)and regulations as set forth by CDOT. In addition, the "Model Traffic.Code for Colorado Municipalities", 1977 edition as adopted in Chapter 8,Article 1 of the Horne 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 Nome Rule Charter and code of the Town of Snowmass Village shall be adhered to. General Contractor and Owner's Representative shall coordinate with the Town of Snowmass Village Public Works director in regards to the seasonal weight limitations and special permits. All Page 8 of 12 construction traffic will be routed on Brush Creek Road to Owl Creek Road and into the Snowmass Chapel/Anderson Ranch parking lot. Brush Creek Road and Owl Creek Road are exempt from the seasonal weight limitations in 18-8(1) (d). The pedestrian path on the South side of Brush Creek will be impacted during construction. The primary.access to the jobsite will be through the Snowmass Chapel/Anderson Ranch Parking lot and over the 2 existing 60" diameter culverts that direct the flow of Brush Creek. The public pedestrian path will stay in service during construction. Caution signage will be installed on the path at the Owl Creek Road crossing near the Snowmass Wildcat Fire Station and within the Snowmass Chapel/Anderson Ranch parking lot to reduce speed of users. Pylons, flagging and barricades will be used as necessary to divert/control pedestrian traffic as necessary. Flaggers will be utilized at the path to direct pedestrian and construction traffic. A pedestrian crossing shall only be closed for a short-term nature to allow construction traffic to pass and clear the area near the trail. The pedestrian trail/construction access crossing will be concreted during construction to reduce repairs and to ease maintenance. The concrete thickness and compaction specifications at the pedestrian trail/construction access crossing will be appropriate for heavily loaded trucks such as concrete and gravel trucks. Damages to the pedestrian trail at this crossing area will be repaired within 1 week of report of damage. Upon completion of construction the pedestrian trail at the construction access crossing will be repaved. The pedestrian path at Brush Creek Road will be buffered from the construction staging area by the B' chain link fence with green mesh. F. Manpower/Trade Analysis/Employee Parking It is estimated that no more than 50 workmen will be on-site during a peak construction period. 1. Limited parking will be available at the Chapel with parking spaces for the superintendent and project manager. The General Contractor will require subcontractors to meet at their respective offices and commute to the intercept lot at the intersection of HW 82 and Brush Creek Road, or other location as determined by the Fenton Construction General Contractor, in one or two vehicles per trade, keeping the impact on the lot to a minimum, averaging between 12-18 vehicles per day. There will be zero parking from construction traffic on the existing paved parking lot. Any construction related vehicles will be parked on the north side of the proposed building in the annexed land swap area, see Exhibit A. During special events like the X-Games or any music festivals, parking will Page 9 of 12 be housed elsewhere. This action will reduce interaction between the construction personnel and the general public riding the buses. The construction vehicles will be parked in an area designated by RFTA and/or the City of Aspen Transportation Director, or the owner of the property to be parked on. PVCMI will report monthly to the City of Aspen if parking occurs at the Highway 82 Park and Ride) and/or the Town of Snowmass Village and the parking area property owner regarding parking and transportation issues or concerns. 2. All deliveries of materials to the jobsite will be routed to the jobsite via Brush Creek Road to Owl Creek Road and then into the Snowmass Chapel/Anderson Ranch parking lot. Concrete trucks and gravel trucks will be coordinated via 2-way radio and cell phone so that excessive stacking does not occur within the Snowmass Chapel/Anderson Ranch parking lot. 3. Workmen will store tools and materials on-site within storage containers and job trailers for use on the project. Loading and unloading of tools will be coordinated by the General Contractor and vehicles will then be parked at an off-site parking lot. G. Site Clean-up/Housekeeping The site shall be kept free of trash. Materials shall be stored on-site in an organized manner with coverings to prevent glare. Trash trucks and dumpsters shall be stored in the Construction Staging Area (See attached Exhibit A)and shall be covered to keep trash from blowing on or off-site. Trash containers shall be hauled off-site as necessary. Dogs are prohibited in the construction areas on-site. H. Fencing and Protection/Staging Areas 8'tall chain link fencing shall be installed at the site to restrict access to the Sanctuary addition and to restrict access to the Construction Staging area. This 8'chain link fencing will have a green mesh to aid in blocking views of the construction activity. Chain link gates will be installed to access the site from the Snowmass Chapel/Anderson Ranch Parking lot. There shall be no staging of construction equipment or materials on Lot 2A (main parking lot) during an event or activity being held at the Snowmass Chapel or Anderson Ranch. I.Safety Page 10 of 12 Pre-construction organization and safety meetings will be conducted by Fenton Construction the General Contractor and the Owner's Representative. "Tail-gate"safety meetings and regularly scheduled safety meetings will be conducted by the General Contractor as required by the U.S. Occupational Health and Safety Administration and company policy. Personal Protective Equipment for construction personnel and construction site visitors will be required during the entire duration of the construction project. J.Final Cleanup/Grading/Revegetation Before construction commences on the property, SCCC's construction manager/contractor will establish a limit of disturbance fence to protect vegetation noted above. This will be reviewed with the Town staff during the pre-construction meeting. To the extent that trees are damaged or removed in the construction staging area,SCCC will replace those trees in conformance with the landscaping plan upon completion of construction of the facility. To the degree that soil removed for construction of the new sanctuary building will be needed to grade the site in conformance with the proposed plans, the soil will be retained and stocked piled on the site. The site final cleanup will occur during spring of 2011. The irrigation systems and landscaping will be installed during this time period. The construction staging area will be cleaned up during this time as well and the chain link fencing will be removed. The construction staging area will be graded to accommodate the new adjacent contours and gravel will be removed and hauled off-site. The temporary easement for landscape and grading is shown on the attached "Exhibit A". This disturbed construction staging area will be reseeded with the same mixture as utilized on the adjacent Snowmass Club property. This area will be maintained with the same care as other landscaping being installed for the project. Newly planted trees will be fenced to prevent damage. 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 I 1 of 12 Snowmass Chapel will make its best effort to work with the Town of Snowmass Village's efforts in the preparation of a comprehensive construction impacts mitigation program. Certain refinements, modifications,or amendments to the Construction Management Plan shall be allowed to be made in the future by the Town to mitigate impacts which were not apparent at the time of the application review. The Planning Director shall be authorized to require amendments to the plan as determined to be reasonable and necessary to mitigate an unforeseen impact. Snowmass Chapel shall either amend their plan accordingly or request that the Town of Snowmass Village Council review the matter for final determination. PVCMI will meet with the Town of Snowmass Village to further review reports or the Construction Management Plan as requested by the Town of Snowmass Village. END OF CONSTRUCTION MANAGEMENT PLAN s Page 12 of 12 11 Z 13 GNViOC fCNt N Snowmass Chapel ,, n, , '. EE Construction Managem £ O f+. Exhibit sut> co a r P r 9 Y r I,. tj; 4 r aten ki'a YOf ge 8' Cwith Gme,, nS Fence wtih Green Screen 7Y I n' GREEN rtvy, ys' T Portable CHI 0'. 0 • OS; Nr ucruNOs ya BOUNDARY GOy$ C CIfAVEI O t r CX J AY ssSY. N A%- EYIENF.F. SNDNVAS$ CNAPCI I 10' Aeee s B e 32• ' Fence Ga Fri Gate rr j L:2- Site Acce y A OumWr° All Vehicles Oct WAUr 1A Exhibit "D" Town Council Ordinance No. 9, Series of 2009 Insertion for — Development Agreement, outlining provisions for the community purpose space, the parking agreement (incorporating the amendment for the parking management plan adjustments dated May 11, 2009), and the employee housing commitment; DEVELOPMENT AGREEMENT TOWN Of SNOWMASS VILLAGE,COLORADO SNOW MASS 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,5nowmass Village,CO 81615,as legally described In Exhibit A hereto(the"Property");and WHEREAS,the Snowmass Village Town Council has now considered the rezoning to MU- 1(PUD),the Final PUD Plan,and the Final Subdivision Plat for the Property;and WHEREAS, contemporaneous with the approval of the rezone of the Property to MU-1 and approval of the Final PUD Plan and the Final Subdivision Plat,SCI and the Town have agreed to enter into this Development Agreement(Agreement),the purpose of which is to more specifically set forth those obligations that shall run with the Property and bind successors-in-interest to such;and WHEREAS, the parties agree that this Agreement is the appropriate document to set forth those terms,conditions restrictions. NOW, THEREFORE, in consideration of approval of the Final PUD Plan, the Final Subdivision Plat, and the rezone of the Property to MU-1 and the promises, covenants, and agreements to be kept and performed by the parties hereto, it is agreed as follows: A. CONDITIONS AND SCI REPRESENTATIONS All representations of SCI regarding the Property, made In the application and in statements during the meetings and public hearings before the Town Council at which the Final PUD Plan and the Final Subdivision Plat of the Property was considered shall be considered conditions of approval. In the event it is determined by the parties that there is an omission in this Agreement or that this Agreement or any other agreement between the parties does not correctly address or include all representations of SCI,the agreement of the parties, or the conditions of approval by the Town, the parties shall execute an amendment to this Agreement or such other agreement as may be necessary to correct such omitted or incorrect matter. Snowmass Interfaith Chapel Development Agreement I J ! ""I B. COMMITMENT OF COMMUNITY PURPOSE SPACE 1) SCI shall allow community use of at least 4,000 square feet of interior space within its buildings on Lot 1 of the Property,(hereafter referred to as"Community Purpose Space"). The space shall be in the locations identified on Exhibit B. While the space depicted in the Exhibit exceeds 4,000 square feet,the specific locations and space configuration for the community purpose space shall occur with the areas depicted and shall be specifically determined by SCI based on demonstrated community needs. The following non-religious community uses and activities shall be allowed subject to the terms and conditions of this Agreement. a) Public meetings and gatherings generally open to residents and guests of the community. b) Multiple purpose activity and meeting rooms for community social organizations,civic groups,and citizens,and other similar non-religious functions and activities. c) Passive recreational programs and activities available to residents and guests of the community. 2) Location,Availability,and Scheduling of Community Purpose Space a) Scheduling of the Community Purpose Space shall be on a first come-first serve basis provided,however;SCI shall have priority use of its facilities at all times. bt "SCI shall illow community use 20 hours per week of the ron,rmea:rom:ti pt community rooms in the Community Center Building(Building 2)and 20 hours per week in the old sanctuary and related rooms(Building 1l on a parking available basis. SCI^ay - Po ttad:Pont;12 pt allow additional community use depending on the availability of space and parking. c) SCI shall make the Community Purpose Space available for the belated:On a space avalubk besiq SCI stated purposes during SCI's normal business hours Monday through Friday,each week shall allow mmmuniry use up to 20 noun per week at the mmmuniry roams of the year. At the discretion of SCI,the Community Purpose Space may be made In the Community center BOON available to the public at other times,including evenings and weekend hours,as Buildingll andup to2ohours perwaek In the old sanctuary and rented rooms requested and as available. leullalne 11.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. Snowmasr lmerfoi!h 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 Fis Organ in the new Sanctuarti It is recognized that NDeleted: d:rare,12 pt only the best-trained ears may able to distinguish between the Fisk and other quality• ' d:Font:12 pt performance organs. Due to economic and financial considerations SCI may pursue d:Font:12 pt another organ with similar performance and acoustic qualities, d:tntlrnt:ten: o d:Fpm:12 pt D_ PARKING AGREEMENT d:Font:12 pt d:Font:12 pt 1) Lot 2A Parking Restrictions and Minimum Standards Notwithstanding prior commitments set forth in the "Parking Lot Use, Maintenance and Improvement Agreement' between SCI, ARAC, and the Snowmass Wildcat Fire Protection District dated October 15, 1998, as it may be amended from time to time,SCI commits to the following minimum parking lot use standards for Lot 2A of the Property. a) Residential Parking i) SCI shall provide up to eight(8)parking spaces for residential purposes,including six(6)parking spaces for residents and guests of the Anderson Ranch Arts Center(ARAC). These spaces will be designated by the SCI and shall be in close proximity to ARAC. ii) SCI shall provide at least one(1)parking space for the employee housing unit located on Lot 1. b) Parking for Chapel and Community Purpose Space i) SCI shall provide up to 20 parking spaces between the hours of 8:00 AM and 5:00 PM Monday through Friday between May 15 and September 15 annually for the Community Purpose Space. The actual number of spaces provided shall be dependent on the amount of space reserved. c) Administrative Personnel and ARAC Studgnt/Staff Parking Snowmaaa(nterfaiih 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. J2) Lot 1 Parking and Traffic Management Deleted: W shag pWide 20 p3r"I", spaces for ARAC for smdens and Tt i use between May l5 and September 15.1 a) Use of SCI's Facilities a 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,he 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. 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. Ili) In unusual circumstances,when parking might be used to rapacity and overflow parking is required,SCJ will perform the following management Deleted: measures,at a minimum,to minimize impacts on the local road system. a. Provide direction signs to available parking, whether it may be on or off-site. Snowmacr Interfaith Chapel Development Agreement 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 use expectations,identifying to the extent possible the manner in which the facilities will be used and the estimated parking needs. SCI will identify possible unusual parking situations that might exceed parking lot capacities and solutions for managing the anticipated parking short fall. iii) SCI will coordinate weekly schedules as necessary with ARAC during the year to monitor and refine schedules and accommodate needs and activities of both,as well as with the parking needs associated with the Community Purpose Space. c) Coordination with Town Required i) SCI shall notify the Town of Snowmass Village Police Department in advance of major special events that will exceed the capacity of the available parking areas. Shawmaer,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 tb minimize such condition.SCI may negotiate an agreement with the Town for temporary service by Town buses as needed. d) Alternative Parking and Transportation Arrangements Required i) SCI will work with local lodges to educate the public about the availability of lodge van service to the Property and encourage use of this alternative transportation option. ii) For occasional large public events that will exceed capacity of available on-site parking(i.e.,a public memorial service),SCI will arrange for shuttle bus service,privately or with the Town,from off-site areas and parking. Patrons will be brought directly to the Chapel as opposed to being dropped of at a stop along Brush Creek or Owl Creek Road. L._SCI or a party using the facilities for wedding and other similar activities will contract with SCI_or at Its discretion a third party Valet ....... Deleted:wore Parking Service. A fee may be charged by SCI or the third party Valet Parking Service. b. Prior to using the Valet Parking Service and parking in any remote parking lot,the Valet Parking Service/SCI shall meet with the Town or the owner of the remote parking lot,as required in the Parking Management Plan to review the on and off-site parking operations for that particular activity. To the extent possible, the scheduling of major activities will take place around the availability of parking at a remote location. The Town recognizes that certain memorial services are difficult to schedule. Service for a significant community member maybe difficult to control but In such instances SCI and the Town will work together to minimize impacts to roads and emergency access to the site off-site within reason. e) Parking Lot Management Required 1) 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. Snowmass Interfaith Chapel Development Agreement 6 ii) There shall be no overnight parking except as available for designated residential uses or without the permission of the SCI. iii) SCI will cause vehicles to be towed from the Property that it determines to be abandoned or illegally parked. iv) No camping or motor homes or vehicles intended for sleeping shall be left in the Parking Lot without prior consent of the SCI. v) SCI shall prohibit the storage of trailers,boats and other similar recreational vehicles,or unregistered or inoperable vehicles in any parking space on the Property. Automotive maintenance or repairs to vehicles,which cause the vehicles to be inoperable or stationary for more than two days is prohibited. All vehicles shall be moved on a routine basis. f) Enforcement i) The Town may impose upon SCI an"enforcement mitigation fee"of up to$1,000 per day or a sum equal to the actual Town costs incurred when it Is determined that the parking lot management program set forth in this Agreement are not effective in controlling the traffic impacts and parking demand upon the facility and the Town is required to provide traffic and/or parking control on nearby public streets for events utilizing the parking on the chapel site. 3) Contingency Plans Formatted:Font Won Red a) ..SCI will conduct a_monitoring and evaluation program for the two • Formatted:Meru:Len: t• years following the completion and occupancy of the new SCI Formatted:Font co or:Red Sanctuary.SCI will coordinate the program with the Town Planning Department and SCI will provide the findings of the assessment to the Planning Department.The purpose of this program will be to analyze parking demands during the peak summer weeks in August and the peak winter weeks in March, related to the occupancy of the new Sanctuary building,to determine whether the parking is sufficient to accommodate its needs. If,because of this evaluation,the Town determines that there is inadequate parking to meet the needs of more than fifty 50)percent of SCI's"major activities,"then SCI shall offset the additional demand as follows.The mitigation shall be sufficient to accommodate the number of people that are not able to find adequate parking either on-site or in available overflow parking. Snowman/nterfai(h Chapel Deve(npment Agreemen! 7 SCI and the Town will agree on the specific mitigation requirement at that time,but which will generally include: SCI will contribute to the Town an amount sufficient to Deleted:,. cover the ridership impact on the Town's transit system t Formatted:rant valor:Red created by inadequate parking;or ii SCI will both purchase and maintain a van service to _ Deleted:b. reduce parking demand. Fan ttedt routwinr:Red b) Following the completion of the monitoring and evaluation Formatted:Ind program,SCI shall either provide the appropriate additional mitigation or,it it is determined that the parking adequately Deleted:t meets the needs of SCIJhe mitigation reguirements will be Deleted:, considered satisfied. Formatted:Font orlon Rd Separation of Parking ADeleted:a 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. Fy EMPLOYEE MOUSING COMMITMENT Deleted:D 1); SCI shall provide and maintain an employee housing unit on the Property. The housing unit shall contain 620 square feet,including cooking,sleeping and living areas. 2) The employee housing unit shall not be divided from other facilities or spaces on Lot 1,First Amended Plat of the Snowmass Interfaith Chapel Subdivision,to create separate ownership of the unit without approval of the Town. 3) Because of the connection of the employee housing nit to other Deleted;w to facilities owned and operated by 4C shall reserve the right to rent or provide the Unit_-.- Deleted:so, on a priority basis to its employees and other similar positions that are needed to advance its ministry and mission in the community,to Eligible Persons of those providers of community services that use the Property,or to other Eligible Person that SCI selects to occupy the unit. Snowman Inlerfailh Chapel Development Agreement B 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. F GENERAL PROVISIONS oe:emd: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. 3). Employee Housing Liability and Indemnification. Nothing herein shall be construed to require the Town to protect or Indemnify SCI against any expense,cost,or loss of any nature attributable to rental or use of the employee housing unit pursuant to the terms hereof, Including,but not limited to, loss of rent or property damage,or from the application or enforcement of the terms hereof. 4) Binding upon Successors.This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns, and shall run with title to the Property.A copy of this Agreement shall be recorded in the Pitkin County real property records as the expense of the SCI contemporaneously with recordation of the First Amended Plat of the Snowmass Interfaith Chapel Subdivision. 5) No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or its officers, Snowmass Interfaith Chapel DevelopmemAgreemem 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 mall,return receipt requested. Address forgiving notice to Town: Town of Snowmass Village Community Development Department 16 Kearns Road Snowmass Village,CO 81615 970)923-5524 Address for giving notice to SCI: Snowmass Chapel,Inc. PO Box 17169 Snowmass Village,CO 81615 970)923-6192 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 200_ Snomnara rnrcdailh Chapel nevelopmeni dgreemmi 10 THE TOWN OF SNOWMASS VILLAGE By: BIII Boineau,Mayor date) ATTEST: Rhonda B. Coxan,Town Clerk SNOWMASS CHAPEL,INC. A COLORADO NON-PROFIT CORPORATION By: date) STATE OF COLORADO ss. COUNTY OFPITNIN The above and foregoing document was acknowledged before me this day of 200J by Bill Bolneau, 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 Showman Interfaith Chapel Development Agreemea( J t STATE OF COLORADO 55. COUNTY OFPITKIN 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 Snuwmnrs/nlnybilh Chapel Deyelopmao Agrennenf 12 EXHIBIT"A" LEGAL DESCRIPTION Lot 1 Lot 1,First Amended Plat of the Snowmass Interfaith Chapel Subdivision Replat A, according to the Plat thereof recorded 200_in Plat Book_at Page_as Reception No. Lot 2A Lot 2A, First Amended Plat of the Snowmass Interfaith Chapel Subdivision Replat A, DelersC:,nrst l according to the Plat thereof recorded 200_in Plat Book at Page as Reception No. Snon,m rsInterfaithChape!Deve:npeen,Agreen.ent 13 EXHIBIT"B" LOCATION OF COMMUNITY PURPOSE SPACE Snowmatr interfaith Chapel Development Agreement 14 tip ,, \\, k_ 1 lVi C,RI 00 F J PA• V S I' iSl N r fS9p L•. _. i i vi 1v J(. 1xl, f2 / 2Lt^,-' R.. r- r'^' +` 1]]]+ ..': •:/ ...: C., iiiii r Y pace L. Ocation Areas Within Which Community Purpose Space will be located Existing Chapel ty Center f f? ! r ,; i 1 Community SNOWMASS Lower Level Floor PI- n— CHAPEL 1. 21, 2006 staters` _ ' o 0 Community Purpose Space Locallon 3 N MM Atca< : vititin:': hilt Cnnxntn; ity Parppse 5 oLB LYI!! F.l!' IU[ 3, Lc ir1 Existing Community Center SNOWMASS Upper Level Floor Plan CHAPEL au- ustzI. zoos scale-- 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 200J by Snowmass Chapel Incorporated, a Colorado Non-Profit Corporation (the Declarant:'), for the benefit of the parties and enforceable by the Town Council of the Town of Snowmass Village, Colorado(the 'Town"). Q1 ; 1 'J,JJJ RECITALS AND DEFINITIONS A. The Town approved Ordinance No._, Series of 200.granting approval of fik nrr!Unrty '.ievclo:;n%.r 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 5n0wma55 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 fortis 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 subiect to the covenants,conditions, rights, and other provisions herein set forth,for the duration hereof and all of which shall nm with the land and be binding upon the Declarant and its successors and assigns and sha!I be binding upon and inure to the benefit of the Town. Snowmass Chapel FTnul PUG Pian Juty 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 qualityor.better than other Town-owned employee housing rental units. 1.4 Nothing herein shall be construed to require the Declarant to protect or indemnify a tenant or occupant of the Unit against any loss or bodily harm attributable to (not by way of limitation)damage to the premises caused by fire or other similar conditions or maintenance conditions of the grounds or facilities. 1.5 Declarant hereby restricts the acquisition or transfer of the Unit and said Unit shall not be conveyed or divided in interest from other building spaces within Lot 1,Snowmass Interfaith Chapel Subdivision, to create or otherwise allow a separate ownership interest of or in the unit. SECTION 2 USE AND OCCUPANCY OF UNIT 2.1 Because of the connection of the Unit to other facilities owned and operated by the Declarant, Declarant reserves the right to rent or provide the Unit on a priority basis to its employees, which might include guest pastors and other similar positions that are needed to advance its ministry and mission in the community, to Eligible Persons of those providers of community services that use the Declarant's property,or to other Eligible Person that the Declarant selects to occupy the Unit. With the exception of the Declarant's employees,other Eligible Persons shall receive written approval by the Town. 2.2 Not withstanding allowances to the Declarant in Section 2.1, the use and occupancy of the Unit shall henceforth be limited exclusively to housing for Eligible Persons who meet the Town employee housing tenant qualifications, as they may be amended from time to time,or as otherwise set forth in this Agreement. 2.3 If Declarant fails to fill the housing in accordance with this Agreement and the Unit remains empty for a period of ninety(90) days,then following a 30-day written notice to Declarant.the Town shall have the right to place an Eligible Person in the Unit for a period of up to one year subject to compliance with the Town's Restricted Housing Guidelines, all of the requirements set forth herein, and any standards established by Declarant for the occupancy of the unit, including but not limited to noise and decorum that are incorporated into a License to Occupy or lease agreement with the tenant of the Unit. 2.4 No tenant or occupant of the Unit shall engage in any business activity within the Unit without written authorization by the Declarant. Snowmass Chapel Final PUD Plan 2 July 20,2009 SECTION 3 LEASE AND RENTAL RATE 3.1 The parties agree that the Declarant may charge a monthly rental fee that shall be comparable to or less than the rental rates charged by the Town for a Mountain View employee housing unit of similar size unit and with comparable amenities and furnishings, which may be adjusted annually by the Declarant to reflect changes in the rental rates charged by the Town for such Mountain View unit. 3.2 Declarant shall be entitled to collect the first and last month rent in advance of occupancy. 3.3 The Declarant shall be entitled obtain a security deposit in an amount comparable to the deposit required by the Town for the comparable Mountain View employee housing unit before an Eligible Person is allowed to occupy the Unit. 3.4 Declarant reserves the right to provide the unit to its employee for no rent or substantially reduced rent in exchange for services related to operation and maintenance of its facilities and grounds. 3.5 Declarant may use an appropriate form of"License to Occupy"the Unit that will give the Declarant the flexibility to: a) include rent as part of an its employee's income, b) charge its employee,for all or any portion of the applicable unit rent, and/or c) link occupancy of the Unit to employment with the Declarant. 3.6 A License to Occupy or other form of lease used by the Declarant may establish procedures in the event of one or more violations of the rules and regulations and termination thereof. In the event of a violation, Declarant shall give a tenant of the Unit a fifteen (1S)day minimum notice to comply with said rules before termination occurs. 3.7 Leases or licenses to occupy may allow the owner the right to determine whether a tenant or occupant is violating noise or decorum standards,which shall be noted in the lease. There may be prohibitions on illegal activities,discharging of firearms,flammable or explosive materials, or other activities that produce a general nuisance to the Declarant's quiet enjoyment and use of its property or the surrounding neighborhood. Quiet hours may be established due to the proximity of the Unit to other uses that occur on the property. There may be specific regulations related to the storage of personal goods on exterior decks, in the parking lot, and on lawn areas in the PUD. SECTION 4 BREACH OF AGREEMENT AND OPPORTUNITY TO CURE Snowmass Chapel Final PUD Plan 3 July 20,2009 4.1 In the.event that the Town has reasonable cause to believe the Declarant is violating the provisions of this Agreement,the Town, by its authorized representative, may inspect a Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Declarant with no less than a 24 hour written notice. 4,2 In the event a violation of this Agreement is discovered, the Town may, after a review of the evidence of a breach and a determination that a violation may has occurred,send a notice of violation to the Declarant detailing the nature of the violation and allowing the Declarant fifteen(15)days to cure. Said notice shall state that the Declarant may request a hearing before the Town Council within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period,the Declarant shall be considered in violation of this Agreement. 4.3 The failure of the Town to insist upon the strict and prompt performance of any of the terms, conditions and restrictions of this Agreement shall not constitute or be construed as a waiver or relinquishment of the Town's right or rights thereafter to enforce any term,condition or restriction and the same shall continue in full force and effect. SECTION 5 REMEDIES 5.1 This Agreement shall constitute covenants running with the real property described in Exhibit A,as a burden thereon, for the benefit of,and shall be specifically enforceable by the Town,as applicable, by any appropriate legal action for specific performance. 5.2 In the event of any sale, transfer or conveyance of the Unit in violation of this Agreement, such sale,transfer or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported transferee(s). 5.3 In the event the parties resort to litigation with respect to any or all provisions of this Agreement,the prevailing party shall be entitled to recover damages and costs, including reasonable attorney's fees. 5.4 In the event that a tenant of the Unit fails to cure any violation of this Agreement or a license or lease allowed hereunder,the Declarant may resort to any and all available legal actions including, but not limited to, specific performance of this Agreement or eviction of the tenant/occupant from the Unit. Snowmass Chapel Final PUD Plan 4 July 20,2009 i 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 PUU Plan 5 July 20,2009 DECLARANT: Snowmass Chapel Incorporated By: Its: STATE OF COLORADO 1 55. COUNTY OF PITKIN 1 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 Snuwmws Cnapei Finu!PUD Man 6 July 20,2009 EXHIBIT A UNIT DESCRIPTION Snowmass Chapel Meal PUD Plan July 20,2009 bI MAP OT. ON-SITEE E.H.U. i LOT 1 SNOWMASS INTERFAITH CHAPEL SUBDIVISION ACCORDING TO THE LOT LINE AIUIISTMENT PLAT RECORDED AS REC. NO. COUNTY OF PITI021 STATE OF COLORADO CHRET 1 OP I EMPLOYEE HOUSING UNIT TRACT 41 TRACT 421 75¢9 49" LINE ADDJ SHOWN PLATS, 178 Sq,II SNOWMASS INTERF IT CHAPEL TjE) FJUSTRTG CHAPEL W TO BUILOING CORNER) .541__.N 87'34'56" W 7.68'30.67' 0 0.64' y v o AREA = 647.54 SO. FT. 1.45' EXISTING BUILOINC CORNER 23.2a m 0 SNOWMASS CHAPEL 15.74 I OPPZIS ENGINEERING - LLC CIVIL CONSULTANTS 602 MAIN STREET. SUITE AS CARBONDALE, COLORADO 81623 970) 704-0311 28089 12/01108 POD-LH.OWG Exhibit "F" Town Council Ordinance No. 9, Series of 2009 Insertion for — Vested Property Rights Development Agreement DEVELOPMENT AGREEMENT TOWN OF SNOWMASS VILLAGE,COLORADO SNOWMASS CHAPEL,INC. FOR VESTING OF PROPERTY RIGHT SNOWMASS INTERFAITH CHAPEL SUBDIVISION i ' CEG TH15 DEVELOPMENT AGREEMENT(this"Agreement")dated as of 200_is O j 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 T,.t„ no• II'° "'` corporation(hereinafter called"Town"). Ci:2.nH1Ui1B C';.ve6:;'I:er RECITALS WHEREAS,SCI intends to develop that real property situated in the Town commonly known as Lots 1 and 2A of the First Amended Plat Snowmass Interfaith Chapel Subdivision,(the Property"); WHEREAS,SCI has proposed to develop the Property,as more particularly described in the Snowmass Chapel Final PUD Plan that the Town Council of the Town granted approval of the development of the Property by enacting Ordinance No.,Series of 2009(the"Ordinance"); Deleted: WHEREAS,the Town Municipal Code(the"Code")authorizes the execution of"development agreements"by the Town and the execution of this Agreement is contemplated by the Ordinance. NOW,THEREFORE,in consideration of the mutual covenants contained herein,and other good and valuable consideration the sufficiency of which is hereby acknowledged,the parties agree as follows: ARTICLE 1 VESTED PROPERTY RIGHTS 1.1 Vested Property Rights a) The Town and SCI agree that all rights of SCI granted,recognized and confirmed in the Ordinance and this Agreement constitute"Vested Property Rights",as such term is defined in the Code. By way of illustration,and not limitation, Vested Property Rights"Include the right to develop,plan and engage in land Formatted:Font:Century uses on the Property in accordance with the provisions of the Ordinance for the schoolbook,8 pt,Italic period described In Section 1.3 below. Formatted:Normal Formatted:Fort Century Sdndbwk,8 A Italic Srmu mme Chuel Thai PUD Pion duhdrl.300,11 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 effeci as of the date hereof).The establishment of the`Jested Property Rights shall not preclude the application of the requirements of the building code,fire code,plumbing code,electrical code, the mechanical code or of any regulations specifically adopted to correct or mitigate natural or man-made hazards.on or in the immediate vicinity of the Property,which hazards could not reasonably have been discovered at the time the Ordinance was approved,and which hazards,if uncorrected,would pose a serious threat to the public health,safety,and welfare,all as more particularly described in Section 24-68-105 of the Colorado Revised Statutes. 1.2 Condition Subsequent to Continued Existence of Vested Property Rights. a) SCI has committed to provide certain community benefits and facilities as agreed to In the Ordinance on the Property for the benefit of the community pursuant to the terms of to the terms of the following agreements(collectively,the"Other Agreements") i) The Snowmass Chapel Incorporated Development Agreement for Committing Community Benefits and Employee Housing,Snowmass Fixnriatted;Font;Century Interfaith Chapel Subdivision,dated effective as of smooltmka M taut 200_tetween SCI and the Town; formatted:normal Formatted:Font_:Century Schoolhook a pi,Italic Srou,n,°+x 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 August52075(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 Daletad:o material related to the development of the Property shall become part of the Vested Property oeteted:December 33,20ra Rights recognized hereunder automatically upon approval by the Town and such vesting shall last throughout the term of the vested rights. ARTICLE It 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 Forrmatted:Fad:Century hereunder shall be forfeited as provided In Section 16A-5-90(c)of the Town municipal code. schod600k a p4 Italic Formatted:Normal 2.2 Default by the Town.Formatted:Font:Car" Wmiawk 8 m Itak Snfwriwss La Iuh:40,1009 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 111 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 a pt stark Property or any applicable portion thereof,and it is the intent of the parties that such benefits, Formatted:Normal burdens,terms,covenants,agreements and conditions touch and concern such property. Formatted:Fmt Century Schoolbook,apt stalk 2M2nwsF Qh%%i Final PUD Plan r,J,20 RWr9 4.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 4.4 Scope of Agreement. The rights granted to SCI by this Agreement are in addition to any other rights held by SCI under applicable law. 4.S Interpretation. Unless the context of this Agreement clearly requires otherwise: a) terms defined in the singular may be used in the plural,and terms defined in the plural may be used in the singular; b) "including"and"such as"are not limited; c) "or"has the inclusive meaning represented by the phrase"and/or'; d) the words"hereof,""herein,""hereby," "hereunder"and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement; e) Article,Section,clause,paragraph and Exhibit references are to this Agreement unless otherwise specified;and f) references to any agreement(including this Agreement),document or instrument means such agreement,document or instrument as amended or modified and In effect from time to time in accordance with the terms thereof and,If applicable,the terms hereof. All of the exhibits to this Agreement are hereby incorporated Into this Agreement by reference.In the event of any conflict between a term,condition or provision of this Agreement and a provision of the Town's Municipal Code,the terms of this Agreement shall control. 4.6 Severability Formatted:Fmt:century Schoolbook,8 pt,Balk 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 Sdadbwk,8 pt,Balk S nu•n Qsx Chmnl F°unf PUD PLm.. fufr.P0.3n04 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,Mega),void or unenforceable not in its entirety but as applied to a particular act,thing or circumstance,such provision shall not affect or impair the validity,legality or enforceability of this Agreement or any provision hereof as applied to any other act,thing or circumstance,and a court shall apply such provision and enforce this Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and SCI as expressed In this Agreement. 4.7 Termination;Amendment;Waivers. This Agreement may not be terminated,modified or amended,nor may waivers hereunder be granted,except in writing and only with the consent and approval of SCI and the Town. 4.8 Notices. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same Is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to Town: Town of Snowmass village Community Development Department 16 Kearns Road 5nowmas5 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'he Town each shall have the right to record this Agreement in the records of the office of the Clerk and Recorder of Pltkln County,Colorado. Fo+ tted:Pont Centary Schodbwk,a DC Italk 4.10 Captions and Titles Formatted:Normal F n tted:Pont Century Sdnolbook,a A Italic SIIEca Chaue!Final PUD Plan- lu1..30.:Ul/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, 3 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 THE TOWN OF SNOW MASS VILLAGE By. Bill Bolneau, Mayor date) ATTEST; Rhonda B.Coxan,Town Clerk SNOWMASS CHAPEL,INC. A COLORADO NON-PROFIT CORPORATION By: Formatted:F=t:Century SdWbmk,8 pt,Italic date) Fenemted:Normal Formatted:Font cent" Schoolbook,8 pt,Italic Smnnnmeu L'Sa :1!1«ti' LllE- Jul"'1110M1!I _- STATE OF COLORADO ss. COUNTY OF PITKIN The above and foregoing document was acknowledged before me this day of 200_, by Bill Boineau, as Mayor for the Town of Snowmass 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 Chopel, Inc.,a Colorado Non-Profit Corporation. Witness my hand and official My commission expires: Notary Public Formatted:Font:Cwtury Schoolbook,8 pt,Mic Formatted:Normal Formatted:Font Century Schoolbook,8 A Italic i 600uan 'Clynpd P74a1 Pun MRS Julc31) @nog s Exhibit "G" Town Council Ordinance No. 9, Series of 2009 Insertion for - Buildout Chart revision s SNOWMAS GE BUIL D0 1 LAND USE ZONING 4 OF DWELLING UNITS COMMERCIAL/ OTHER I EXISTING AS OF EXISTING AND I EXISTING FUTURE EXISTING I FUTURE 4.6. 98 APPROVED FUTURE EXISTING FUTURE PARCELS WEST WOODBRIDGE B37 Sonnenblick caw MFR MFR SPA- 1 6 0 6 0 7 0 0 B38 Stonebridge caw MFR MFR SPA- 1 91 1 91 1 102 0 0 B39 Stonebridge Inn caw MFR MFR SPA- 1 95 8 95 8 114 2682 2682 B40 SVRA Pool Facility vrxv REC 0 0 0 0 0 2336 841 Tamarack evw MFR MFR PA- 1( CC- PUD) 36 0 36 0 40 0 0 B42 Terracehc ue caw MFR MFR SPA- 1 29 1 29 1 1 33 0 0 B43 Timberline caw MFR MFR SPA- 1 96 5 96 5 112 0 B44 Top of the Village caw MFR MFR SPA- 1 111 0 111 0 123 0 B45 Top of the Village Gatehouse caw MFR MFR SPA- 1 5 3 5 3 8 0 0 846 Wildcat Slope caw OS OS 0 0 0 0 0 0 0 B47 WilWmod Lodge caw MFR_ MFR SPA- 1 146 10 146 10 172 B48 Willows, Center caw MFR MFR SPA- 1 40 0 40 0 44 0 0 B49 Wlllows, Lower caw MFR MFR SPA- 1 24 0 24 0 27 0 0 19150 Woodrun Place caw MFR MFR PUD 54 0 1 54 6 60 0 0 B51 Woodrun V( Parcel 7)) REC MFR PUD 0 0 0 0 17 0 852 Woodrun V( Tract E) caw REC REC PUD 0 0 0 0 0 5000 B53 Woodrun V Towntwmes caw MFR MFR PUD 45 0 45 0 45 0 1588 324 1588 357 2593 EAST WOODBRIDGE B54 Anderson Ranch ew PUB PUB PUD 0 16 0 26 d3O 48654 55110 B55 Deerbrook ew MFR MFR SPA- 1 15 0 15 0 0 0 B56 Farawa North( Woodbridge) ew, VACANT MFR SPA- 1 0 0 0 0 0 0 B57 Farawa Sout h Parcel K ew VACANT MFR SPA- 1 0 0 0 0 0 B58 Farawa South Parcel K8N ew VACANT MFR SPA- 1 0 0 0 0 0 0 B59 Homestead ew MFR MFR PUD 14 0 14 0 0 0 B60 Melton Extension ew OS OS OS 0 0 0 0 0 0 B61 Offices at Snowmass ew OFFICE OFFICE 0 0 1 0 0 0 13500 B62 Ride ew MFR MFR PUD 36 0 36 0 36 0 0 B63 Ridge East ew OS OS 0 0 0 0 0 0 0 B64 Ridge Run 1 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 Snoiimass Chapel 8 CC - ew PUB PUB 0 1 0 1 1 200M 29760 B67 Snowmass Mountain ew MFR WIR SPA- 1 59, . 1. 59 1 80 0 0 668 Snowmass Villas Blue Roofs ew MFR MFR SPA- 2 28 0 28 0 28 0 0 B69 Snowmass/ Wlldcat Firehouse aw PUB PLIB 0 10 0 16 16 13692 17000 67U Wildcat BUM ew 0 0 LAND USE ZONING OF DWELLING UNITS COMMERCIAVOTHER 1. 6/ 29/ 2009 Page 2 buildout complete revised Exhibit "H" Town Council Ordinance No. 9, Series of 2009 Insertion for — Outstanding comments dated April 22, 2009 from the Town Engineer. C MU SEIR I; GORDON I MEYER GLENWOOD SPRINGS ASPEN CRESTED BUTTE p N Oi 1 N E R 3 N SURVEYOR 5 1 18 w. 6TN1 SU11L 200 P.O. BO% 2133 P.O. sox 7086 j CIFSNCP')SRdlG4. 81601 ASPEN.CO 81512 CRESTED ft.SE. CO 612 241 970.948-1004 970-925-0727 97P349-5355 i ' ... i•Pl; 070948-3946 rz: 970-023-4157 sr:976340-3336 MEMORANDUM DATE: April 22, 2009 TO: Jim Wahlstrom, Senior Planner iimwahlsttom(cDtosv.com FkOIM: Dean Gordon, Town Engineer Richard Goulding, SGM RE: Snowmass Chapel Final Plan Application Please find herein my comments on the above-referenced application. I will use my previous comments as a basis of reference. The original memo is dated April 25, 2009 and the subsequent memo is dated October 11, 2005, both are attached. Also used are the Sopris Engineering drawings with latest revision date, 11/10/08 labeled Bid Documents, and the Final PUD application dated March 3UIh 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 301",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 beer) 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. 11tpa1WlppfENhasa.8 :rowmacs^ha aM-'24-09 invi xO mamob WahlslmnEBC ddi(ion21 Comrpents 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 finat drawings More erosion mats should be added to the steep area downstream of the proposed bridge on C14 until vegetation is established. The applicant has agreed to add this to the final drawing The runoff from the curb and gutter on the bridge drains directly in the creek with no erosion control. Rip rap could be added to mitigate the runoff. The applicant has agreed to add this to the final drawing The proposed bridge is designed for H-20 loading, this equates to 40,000lbs. When checked with Wildcat Fire District the required loading was a HS-20 which is about 72,000lbs. Their ladder truck is in the 70,0001b region. The bridge is under designed from a shearing standpoint in the concrete girders if both of the rear axels are on the bridge at the same time- The foundation may also be under designed in this scenario.The water surface level and freeboard should be shown on the bridge cross section. The response is acceptable but is based on the statement that the trucks the Wildcat Fire Department use are similar to Denver fire trucks. When I spoke to the Fire Department it appears they had a larger heavier truck. The response should be forwarded to the Fire Department to ensure they agree with the assumptions on the size of their equipment The issue of the water level at 100 year flood in has been addressed by Sopris Engineering. I would request the information is added to the structural section for the final drawings. Micro-piles were used as opposed to a spread footing as recommended by the Geotech report in 2008. Please include a statement stating that these are an equal alternate. The response is acceptable The proposed retaining walls are 7-8' high. No information was provided as to the surcharge loading on these within the parking lot and where the fire truck would turn. around. The response Is acceptable The work around manhole SHM 0-13B is in close proximity to the wetlands and is 10' deep. It is also close to the creek and some methods should be developed as to how to deal with possibility of the creek flooding the dig during construction. The response is acceptable The parking stalls should be 9'wide not 8'. The response is acceptable. The painted area between the spaces and the at grade plaza could be used to accommodate larger vehicles Swale Flow lines would help the contractor construct the swales as intended. g19911910p6lEWhasa l8-Snowiness CnapaM-I2-09roviss0 memo to WWlsown.doc i i . The response is acceptable and more detail is to be added to the stamped set. i I Please cell if you have question if you have any questions on the above comments RBG J 1:1199119100a1E1Pnuo 18-9nw.mau CnapMa32-09 miseC metro to wcNSlrom.EOc Exhibit "I" Town Council Ordinance No. 9, Series of 2009 Insertion for — Drawing illustrating snowmelting system to be exempt from mitigation requirements per waiver provisions in Ordinance No. 11, Series of 2008 i I / % / • e s _ dam,. EF i I i 1 tPyj i it e.° li i ' a' i `` ,:- ` c'•. yl _ a Wit: _ tee i it FAIR coN4rR MOH Re r if Wl i