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Town Council Ordinance 10 2010TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 10 SERIES OF 2010 AN ORDINANCE CONCERNING THE SNOWMASS MOUNTAIN CONDOMINIUM APPLICATION FOR A MINOR PLANNED UNIT DEVELOPMENT AMENDMENT TO THE 2008 FINAL PUD APPROVAL IN ORDINANCE NO. 07, SERIES OF 2008. WHEREAS, Town Council acted upon TC Ordinance No. 07, Series of 2008, approving the previous Minor Final PUD for Snowmass Mountain Condominiums and acted upon TC Ordinance No. 08, Series of 2008, approving the re -zoning of the property to Multi -Family (`MF') in July 2008; and WHEREAS, the Snowmass Mountain Condominium Association, Inc. ("Applicant") submitted a Minor Planned Unit Development (PUD) Amendment application to the 2008 PUD approval to the Planning Department on November 23, 2009, which changes are generally described or illustrated in attached Exhibit "A," modified Final PUD Guide, incorporated herein; and WHEREAS, following a few completion reviews by the Planning Department, the application was re -submitted on January 6, 2010 and updated on January 26, 2010 at which time the application was deemed complete by the Planning Department for referral and review purposes pursuant to Municipal Code Section 16A-5-50, subject to the applicant obtaining signed consent letters from three affected off-site adjacent property owners; and WHEREAS, the application was distributed to referral departments/agencies on January 29, 2010 and their written comments were to be provided to the Planning Department by February 15, 2010; and WHEREAS, the Applicant provided the three off-site owner consent letters by February 26, 2010; and WHEREAS, Planning Commission reviewed the land use application, considered direction or recommendations by Town Staff and received comments at public meetings scheduled on March 3, 17 and April 21, 2010, and passed Resolution No. 02, Series of 2010, providing their recommendations to the Town Council. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Section One: General Findings. The Town Council finds that: 1) Submission: Applicant has submitted the Minor Planned Unit Development TC Ord. 10-10 Page 2 of 10 (PUD) Amendment application in accordance with the provisions set forth in Section 16A-5-390, Amendment to Final PUD, of the Municipal Code. 2) Content: The application contained the Minimum Contents as required by Municipal Code Sections 16A-5-40 and 16A -5-390(2)b and included written and graphic materials of sufficient detail to determine the application complete for review. 3) Public Process: Public Notice was given by publishing of the hearing notice in the Snowmass Sun on April 28, 2010. The application was scheduled before the Town Council on May 17, 2010 to hear a presentation of the proposal with the initial public hearing scheduled on June 7, 2010 which was scheduled for continuation to meetings on July 6, 19, and August 2, 2010 to review the application, to consider staff recommendations, the Planning Commission recommendations, public comments, the applicant amendments or supplements, and this ordinance. 4) Supplemental Submissions: The Applicant submitted amendments or supplemental drafts of certain agreements with conditions or restrictions together with a modified Final PUD Guide and platting information, the latest being dated May 25, 2010, June 18, 2010 and July 6, 2010 during the Town Council review, to either modify or clarify their application or respond to the Town Staff, Referral Agency, Planning Commission, and Town Council reviews, issues, comments and concerns. 5) Service and emergency vehicles: Pursuant to Section 16A -4-210(a)(3), the Applicant represented that they have an agreement with the Snowmass- Wildcat Fire Protection District, also pursuant to the review comments in attached Exhibit "D" incorporated herein, and that no occupancy would occur on the site during the re -construction process. 6) Drainage facilities: Pursuant to Section 16A-4-250, Town Council finds that the Town Engineer review comments in attached Exhibit "D" have not yet been fully satisfied. The following findings were made during the meeting on July 6, 2010: a) The entire site, if developed in 2010, would not meet the current storm drainage standards in Section 16A-4-250 of the Municipal Code; b) The runoff drainage and mud/debris flow from the draw area above the developed site are not being currently captured; c) The proposed future -phase Building M is planned to replace an existing carport structure and such replacement would not significantly increase the impervious surface area of the site; d) A drainage plan for the entire property is still desirable, but the current civil plans propose incremental drainage facility replacements with an amount of capacity to mitigate the additional impervious surface area proposed on the site which appears acceptable; TC Ord. 10-10 Page 3 of 10 e) The Carroll Ditch was not historically designed as a drainage facility, but has been utilized for drainage runoff from the developed site over the last 36 years; f) As represented by the applicant at the July 6, 2010 meeting, there is a 36 - year history of no major runoff event significantly impacting the site; and g) Town Council Ordinance No. 07, Series of 2008, previous granted approval of a Final PUD for a larger scale development than the current Minor PUD Amendment with the condition that the drainage and mud/debris issues be resolved to the satisfaction of the Town Engineer. Pursuant to the findings above, Town Council finds that the comprehensive drainage and mud/debris flow solution for the area concerning the proposed Minor PUD Amendment should not be borne alone by the applicant, which if required would be an unreasonable burden placed upon the applicant. However, it is apparent that the overall drainage and mud/debris flow impacts in the neighborhood or surrounding area needs to be addressed comprehensively. 7) Trash facilities: Pursuant to Section 16A-4-230, the provision for solid waste disposal ought to be more specifically addressed for the Phase 1 and Phase 2 areas of the plan. 8) Parking: Pursuant to Section 16A-4-310 of the Municipal Code, the proposed amendment reduces or removes the previously approved Final PUD supply of 99 spaces within and above structured parking. Instead, the amended plan provides 65 spaces in the initial phase that would meet the Municipal Code dimensional standards within generally the same re -arranged parking areas. Such arrangement would acceptably maintain and exceed the existing supply of 62 spaces (approximately 32 existing surface spaces and 30 covered spaces, some of which do not meet current Code standards) for the existing 60 units and the minimum off-street parking requirements set forth in Table 4-3 of the Municipal Code, which states that the existing parking was set by previous plan or subdivided lot prior to the Final PUD approval in 2008. In addition, the proposed future phase Building M satisfactorily meets the requirement of 9 spaces beside and within the garage portion of the building for its nine (9) planned bedrooms in three (3) units. Overall, the amended application is sufficient as an alternative parking plan on the overall site due to: a) the Town transit service provided directly on site, and b) that the total of 71 spaces (approximately 38 covered and 33 surface) would increase the parking ratio currently from approximately 1.08 to the proposed 1.12 spaces per unit by the amendment. 9) Landscaping: Pursuant to Section 16A-4-320 of the Municipal Code, the applicant represented that the significant reduction in plant material quantities and sizes were proposed for the following reasons which are acceptable: TC Ord. 10-10 Page 4 of 10 a) The landscaping is mainly for the benefit of the ownership on the site rather than as a buffer treatment to mitigate public view impacts; b) It was represented by the Applicant that their landscape architect was concerned about the placement of plant material within constrained areas between the buildings and the retaining walls that have limited daylight and room for growth; c) The plant material in the 2008 landscape approval was scaled down proportionately to the proposed modified redevelopment; d) The Applicant represented that their insurance company dictated the removal of certain plant material located in close proximity to structures; e) The tall existing evergreen trees between Buildings A and H beside the pool area are planned to be preserved; and f) The Applicant represented that they plan to enhance the landscaping on the site over time. 10) Municipal Code Requirements: Subject to the conditions in Section Three of this Ordinance, a "majority" of the Town Council present and voting determined that the land use application was in compliance with the Review Standards established in the following Sections of the Municipal Code: a) Section 16A-5-390, Amendment of Final PUD, and its review standards in Subsection (3), including: i) Consistency with or enhancement of the original PUD (in 2008); ii) No substantially adverse impact, including traffic impact or the reduction of the previous approved parking provisions in 2008; iii) Not change the basic character of the PUD or surrounding areas; iv) Complies with other applicable standards (see below); b) Still meets the criteria of a Minor PUD in Table 5-3 for classifying PVDs; c) Article IV, Division 2, Improvement Standards; d) Section 16A -5-300(c), General Restrictions, conforms to the following restrictions: (c)(4)c. Maximum buildout - Fully developed parcels; and (c)(5) Dimensional limitations, (a) Maximum allowable height and (e) Minimum setbacks; e) Section 16A -5-300(c)(6) Community purposes for PUDs, still includes: a. Provision of restricted housing, d. Encourages better design, and e. Develops necessary public facilities; (e.g., for the previously granted buildout variation in 2008 which was modified down from 65 to 63 units by this amendment application); f) Section 16A-4-310 Off-street parking standards; g) Section 16A-4-410 Restricted housing requirements; and h) Section 16A-5-310 Review standards. Section Two: Action. In accordance with the findings stated in Section One of this Ordinance, Town Council approves the Minor Planned Unit Development (PUD) Amendment application for the Snowmass Mountain Condominium renovation and expansion project as described below and shall also be subject to the applicant TC Ord. 10-10 Page 5of10 addressing and/or implementing the conditions set forth below in Section Three. Section Three: Conditions. Town Council approves with conditions the Snowmass Mountain Condominium Minor PUD Amendment renovation and expansion project, pursuant to the following descriptions and subject to the noted restrictions: A. Amendment of Final PUD Approval of the overall Site Plan, including the proposed building locations, parking layout and circulation system. The project will continue to include a total of 60 existing units (59 free-market units and one [1] manager's unit) within Buildings A through L, that would be modified to a total of 63 units involving 62 free-market units and one [1] converted manager's unit into an employee unit in Building A provided that future phase Building M is built pursuant to the attached draft Vested Rights Development Agreement for five (5) years as proposed by the Applicant (Exhibit "B", incorporated herein). 2. Approval of the revised parking layout for 65 spaces in the initial phase (approximately 35 surface and 30 covered spaces meeting current Code standards) that would still contain the current count of 62 spaces, which includes the six (6) carport spaces where the future phase Building M is proposed. 3. Acceptance of the future phase new Building M containing a maximum of three, (3) -bedroom units and a minimum of nine (9) parking spaces pursuant to the development parameters outlined in the modified Final PUD Guide (Exhibit "A") and draft Vested Rights Development Agreement for five (5) years (Exhibit "B") as proposed by the Applicant, that also has the provision of review and approval process by the Town for a refined design of Building M in the future meeting the development parameters, as proposed by the Applicant in the Development Agreement and referenced Final PUD Guide. 4. Approval of the proposed exterior renovation in terms of the overall architectural character, building materials and construction details. B. General Restrictions Greater Buildout: Modified approval of a maximum of 62 free-market units plus one (1) manager's unit or a total of 36.4 unit -equivalents. Such unit equivalency falls within the Municipal Code's maximum based upon 65% buildout of the previously approved 65 maximum/future units modified to 63 units that shall be revised in the Buildout Chart. The proposed Minor PUD Amendment for the buildout variation previously granted in 2008 from 60 units still satisfactorily achieves one or more Community TC Ord. 10-10 Page 6 of 10 Purposes as previously proposed, specifically: a) the provision of restricted housing beyond that required, if future phase Building M is built; b) encourages better design; and c) develops necessary public facilities (enlarged transit turnaround). 2. Dimensional Limitations: a) Approval of a modified height variation from 39 feet to a 35 -foot maximum height for the proposed Building M; and retaining the maximum existing heights for the existing Buildings A thru L that may not be modified and/or expanded without further approval by the Town; and b) Approval of a setback variation from the platted setbacks to accommodate Parcel M with the future phase Building M. The modified variation requests are acceptable since the proposed Minor PUD Amendment would continue to achieve one or more Community Purposes, specifically: a) the provision of additional restricted housing beyond that required for future phase Building M; b) encourages better design; and c) develops necessary public facilities. 3. Required Parking: The proposed future phase Building M adds the following: Nine (9) free-market bedrooms requiring nine (9) parking spaces due to the requirement of one (1) space per bedroom and the conversion of a manager's unit to a restricted unit requiring another space due to the requirement of 1.5 spaces per bedroom, and parking provisions have been acceptably planned in the Final PUD Guide. 4. Parking Provisions: Approval of the modified arrangement of 65 off-street parking spaces (approximately 30 covered and 35 surface) in the initial phase meeting the Municipal Code dimensional requirements, including the six (6) existing carport spaces, because the proposal maintains and exceeds the existing supply of 62 spaces for 60 units and the minimum off- street parking requirements set forth in Table 4-3 of the Municipal Code due to the existing parking being set by previous plan or subdivided lot prior to the Final PUD approval in 2008. The proposed Parking Management Plan (see Exhibit "C") shall be implemented to ensure the proper usage of the parking supply. 5. Road standards: Approval of the access road, Upper Woodbridge, as a 24 -foot wide two-way, traffic lane with a 70 -foot diameter turnaround on the upper parking lot area to provide adequate public transportation and emergency access. The roadway area, decreasing from approximately 26,272 square feet in the previous approval in 2008 to 24,765 square feet with the amendment, would be snowmelted to improve vehicular access, safety and parking. An adequate snow storage area for any non- snowmelted areas shall be identified on the final building construction plans. TC Ord. 10-10 Page 7 of 10 The Town of Snowmass Village shall not accept the obligation for financing, construction or maintenance of improvements on Upper Woodbridge Road on the site. C. Review Standards Landscaping: Approval of, a) the Interim Landscape Plan for the replacement retaining wall system and site together with b) the final Landscape Plan incorporating the plantings around future phase Building M. However, if the tall existing evergreen trees between Buildings A and H beside the pool are planned to be preserved as represented by the Applicant, then such trees shall be noted in the building construction plans as being preserved. Further, if such trees shall not survive the redevelopment activities, then they shall each be replaced with 12 to 15 - foot tall coniferous trees. Additionally, the landscaping for the initial phase shall be installed within one year after completion of the replacement retaining walls as noted in the attached Development Agreement (Exhibit "B"), and the landscaping for future phase Building M shall be completed within one year after issuance of a Temporary Certificate of Occupancy for the initial unit and prior to Final issuance of a Certificate of Occupancy for all the units. 2. Restricted Housing: As a prerequisite to the granting of a building permit for Building M, the current employee housing requirement of 315 square feet shall be met within Building A (clubhouse) by the conversion of an existing, non -deed restricted, 2 -bedroom, 965 square foot manager's unit to a restricted unit, as proposed by the Applicant pursuant to the attached Development Agreement (Exhibit "B") and its referenced exhibits. The additional 650 square feet beyond that required for mitigation shall be deemed a Community Purpose item. 3. Adequate utility / drainage facilities: Acceptance of the Civil Infrastructure/Utility/Drainage Plans of which those necessary plans shall be prepared in final form and subject to obtaining final approval from the Town Engineer (see Exhibit "D" for the outstanding review comments) and shall be reviewed in accordance with Section 16A-4-230, Water supply, sewer disposal, and 250, Storm drainage, in consideration of the findings in Section One of this ordinance, prior to commencement of construction. If a drainage district is formed in the future for the area or neighborhood that incorporates the site, the applicant shall be required to join said district. 4. Solid waste disposal facilities: The provision for adequate trash facilities TC Ord. 10-10 Page 8 of 10 shall be specifically addressed or described by the applicant for the phase 1 and phase 2 areas within the building construction plans to the satisfaction of the Public Works Solid Waste Division prior to issuance of a building permit. 5. Spatial pattern shall be efficient: There shall be adequate road, utility and/or trails easements, or re -granted realignments thereof, provided prior to the issuance of a building permit. Any water or sewer line extensions need to be coordinated and be consistent with the Snowmass Water & Sanitation District's service plan. 6. Phasing: A phasing and construction management plan shall be included as part of the building construction plans to the satisfaction of the Chief Building Official. D. Variations affecting Parcel M via accompanying Replat Documentation. The Applicant has formally requested a lot size variation of Parcel M, which would require a lot size of 10,500 square feet via the proposed future phase Building M of three (3) units and a total of nine (9) bedrooms to a reduced size of 5,050 square feet, which is acceptable pursuant to the applicant's description and offered community purposes as explained in attached Exhibit "E" incorporated herein, and the variation would assist in achieving the community purposes offered. 2. The affects of the maximum Floor Area Ratio (F.A.R.) pon Building M with a lot size reduction variation for Parcel M would require a F.A.R. limit of 1:1 or 5,050 square feet for Building M per the underlying `MF' zone district, but since a larger version of Building M of 10,297 square feet was approved via Ordinance No. 07, Series of 2008, the reduced size of Building M to a maximum 8,000 square feet proposed by the Minor PUD Amendment per the Final PUD Guide in Exhibit "A" is an acceptable F.A.R. modification, provided that the other development parameters or limitations in the PUD Guide are met for future -phase Building M. 3. The 1:1 F.A.R. maximum on the reduced size of Parcel C from 1.11 acres to 0.99 acre per the associated replat to extract created Parcel M would acceptably not be affected as the existing floor area of approximately 30,000 square for Buildings J/K and L would fall under the modified maximum F.A.R. of 43,300 square feet for Parcel C per the underlying `MF' zone district, subject to future -phase Building M complying with the development parameters or limitations in the Final PUD Guide. E. Miscellaneous items. TC Ord. 10-10 Page 9 of 10 1. The Applicant shall complete all actions or matters, which in the opinion of the Planning Director and the Town Attorney, are necessary to implement the conditions of this Ordinance and the requirements of the Municipal Code and to satisfy or dispense with the completion, execution and/or recording of all documents, including the affected Development Agreement attached as Exhibit "B" together with Exhibit 1 of the new Trail Easement, before the associated re -plat is executed and placed of record or 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. 2. Exhibit 2 of the Development Agreement for the "Occupancy Deed Restriction and Agreement for an Affordable Housing Unit" (i.e., conversion of the existing Manager's unit in Building A) shall be executed and recorded prior to the issuance of the first Certificate of Occupancy for Building M if constructed, subject to final review of the Planning Director and 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. 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. INTRODUCED, READ AND APPROVED, as amended, on first reading by the Town Council of the Town of Snowmass Village, Colorado on July 19, 2010 upon a motion by Town Council Member Butler, the second of Town Mayor Boineau, and a vote of 4 in favor and 1 against (Council Member Mordkin voting no). READ, APPROVED AND ADOPTED, as amended in the attached agreements, on second reading by the Town Council of the Town of Snowmass Village, Colorado on August 2, 2010 upon a motion by Town Council Member Lewis, the second of Town Council Member Butler, and a vote of 4 in favor and 0 against (Council Member Mordkin absent for vote). TOWN OF SNOWMASS VILLAGE TOWN COUNCIL Bill Boineau, Mayor TC Ord. 10-10 Page 10 of 10 ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FO John C. Dresser, Jr., Town Attorney Attachments: Exhibit A — Final PUD Guide and its Exhibits Exhibit B — Vested Rights Development Agreement along with its provisions and referenced Exhibits Exhibit C — Parking Management Plan Exhibit D — Referral Agency Review Comments Exhibit E — Applicant's formal request for a lot size variation of proposed Parcel M with offered community purpose. Exhibit "A" Town Council Ordinance No. 10, Series of 2010 Final PUD Guide and its Exhibits SNOMWASS MOUNTAIN CONDOMINIUMS MINOR PUD AMENDMENT EXHIBIT A Town Council Ordinance No. 10, Series of 2010 Page 1 of 17 1 Snowmass Mountain Condominium Renovation and 2 Minor PUD Amendment 3 Final Planned Unit Development Guide 4 5 This Modified Final PUD Guide ("PUD Guide") summarizes the final development plan, 6 land uses, densities, zone district limitations and development regulations for the Expansion and 7 Exterior Renovation of Snowmass Mountain Condominium Project, Snowmass Village, as 8 approved in Snowmass Village Ordinance No. 10, Series of 2010 (the "Approval Ordinance"). 9 Where this PUD Guide does not address a specific development standard or requirement of the 10 Code, the provisions of the Municipal Code shall apply. To the extent the provisions of this PUD 11 Guide conflict with or are in any way inconsistent with the Municipal Code, the provisions of this 12 PUD Guide shall apply. References in this PUD Guide to the Municipal Code mean provisions 13 as amended or renumbered from time to time except that if the applicable provision has been 14 amended to be more restrictive or burdensome on the development or use of the Project or a 15 portion thereof than the provision in effect in the version of the Code in effect in 2010, shall 16 apply. 17 18 GENERAL DEVELOPMENT PARAMETERS 19 20 1. Zoning. The underlying zoning of the Snowmass Mountain Condominium parcel 21 (Parcels A, B and C, Snowmass Mountain Condominiums) ("the Property") at the time of the 22 previous application was "Specially Planned Area (SPA), which has been rezoned to Multifamily 23 (MF) as part of the previous approval Ordinance No. 8, Series of 2008. The property remains 24 zoned `MF' with the Minor PUD Amedment. 25 26 2. Condominium. The original Condominium Declaration for Snowmass Mountain 27 Condominiums was recorded in the office of the Clerk and Recorder of Pitkin County, Colorado 28 on January 14, 1974, in Book 283 at Page 341 and the initial Condominium Map was recorded 29 on January 15, 1974 in Plat Book 4 at Page 457. The initial Condominium Map reflected the 30 construction of twenty two (22) individual airspace units in five (5) buildings, designated as "A", 31 "B", "C", "D", and "E", located on land shown on the Condominium Map as Parcel "A". A 32 Supplemental Condominium Declaration for Snowmass Mountain Condominiums 33 ("Supplemental Declaration") was recorded on April 2, 1976 in Book 310 at Page 249, together 34 with a Supplemental Condominium Map recorded in Plat Book 4 at Page 593. The 35 Supplemental Condominium Map reflects the construction of twenty (20) additional airspace 36 units in four (4) buildings, designated as "F", "G", "H", and "I", and are located on land shown on 37 the initial Condominium Map and Supplemental Condominium Map as Parcel B. On April 13, 38 1977, a Second Supplement to Condominium Declaration for Snowmass Condominiums was 39 recorded in Book 327 at Page 283 together with a Second Supplemental Condominium Map 40 that was recorded April 11, 1977, in Plat Book 5 at Page 79. The Second Supplemental 41 Condominium Map reflects the construction of eighteen (18) additional individual airspace units 42 in three (3) buildings, designated as "J", X" and "U', and are located on land shown on the PUD Guide/Development Summary Table EXHIBIT A Town Council Ordinance No. 10, Series of 2010 Page 2 of 17 43 Condominium Map as Parcel C. The Amended Preliminary Condominium Map is attached as 44 Exhibit B and will be recorded in the Office of the Pitkin County Clerk and Recorder and a final 45 Amended Condominium Map will be prepared and recorded when construction is completed. 46 47 3. Permitted Uses: 48 49 Permitted Uses are those uses previously permitted on the Property and construction 50 use, materially as described in the plans and specifications referenced under 51 Development Parameters, below, submitted by the Snowmass Mountain Condominium 52 Association and the Owners of units in Snowmass Mountain Condominiums (collectively 53 "Snowmass Mountain HOA") to the Town of Snowmass Village. 54 55 4. Residential Uses: 56 57 a) Actual Units. The Project may contain a maximum of sixty three (63) Units, 58 which includes the existing Managers Unit in Building A. 59 b) Restricted Housing. The Project will contain one (1) Restricted Housing dwelling 60 unit, or substitute as to be agreed or approved by the Town, only if and when the 61 Snowmass Mountain HOA should submit an application building permit of 62 Building M. 63 64 5. Phasing: The project will consist of two phases. 65 66 a) Phase one will address the replacement of the failing retaining wall, exterior 67 renovation, interceptor drain instillation and new drive/parking surface with 68 snowmelt together with replacement landscaping. 69 b) The second phase of the project will be to construct a new building with new 70 landscaping around the building. The new Building M will only be constructed in 71 the event that the members of Snowmass Mountain HOA determine to proceed 72 with this phase of the approval, subject to the companion Vested Rights 73 Development Agreement. 74 75 DEVELOPMENT PARAMETERS FOR PARCEL AND THE BUILDINGS 76 77 The Amended Preliminary Condominium Map and the Development Summary Table attached 78 as Exhibits A and B respectively show the unit equivalency and other dimensional changes in 79 the development Parameters which have been approved. 80 81 Building Parameters: Buildings on the Property will be built in substantial conformance 82 with the plans and specifications for the Project described in the Application for an Amendment 83 of Minor PUD, submitted to the Town, which shall be referred to herein as the "PUD 84 Amendment Application" which representations are incorporated herein. 85 Page 2 of 6 PUD Guide/Development Summary Table EXHIBIT A Town Council Ordinance No. 10, Series of 2010 Page 3 of 17 86 Building Height: The maximum permitted height of the existing buildings at Snowmass 87 Mountain Condominiums, buildings A through L, shall not be increased. The maximum 88 permitted height of Building M shall be: thirty five (35') from the worst-case finished grade 89 according to the building elevation drawings submitted to the Town of Snowmass Village during 90 the approval process. 91 92 Setbacks: The setbacks on the Property shall be as depicted on the Existing 93 Conditions Map located in Enclosure 9 of the PUD Amendment Application or the Existing 94 Conditions Map for Buildings A through L. 95 96 Open Space: Open Space within the Project shall be as set forth as stated in the PUD 97 Amendment Application. See enclosure 12 as part of the PUD Amendment Application. 98 99 Landscape Plan: Upon completion of phase one of the project the property and open 100 spaces on the Property shall be developed and landscaped in substantial conformance with the 101 Interim Landscape Plan on file in the office of the Town's Planning Department. If and when 102 Building M is constructed Snowmass Mountain Condominiums will implement the final 103 landscape plan. See enclosure 16 as part of the PUD Amendment Application, also herein 104 attached. 105 106 Parking: Parking on the property during the initial phase is as depicted on the PUD 107 Amendment Application and will contain not less than sixty five (65) spaces detailed in 108 Enclosure 12 of the PUD Amendment Application. If and when Building M is constructed on site 109 there will no less than 71 parking spaces. 110 111 List of Exhibits by Reference 112 In the PUD Guide for the Snowmass Mountain Condominium Minor PUD 113 Amendment 114 115 The following materials previously submitted to the Town shall be considered by Town Staff 116 when evaluating the Project's compliance with the terms of this PUD Guide. In the event of 117 conflict between any of the provisions of the materials described below, the provisions of the 118 later -prepared materials shall control. 119 120 A. All documents attached to the Final Approval Resolution 121 122 B. Design Drawings (see attached): 123 124 125 C. Architectural Plan Sheets Date Preparer Name Snowmass Mountain Architectural Site Plan — 1/22/2010 The Neenan Company Condominium Sheet A1.02 Material and color information: Page 3 of 6 126 127 128 D 129 130 131 E 132 133 134 F 135 PUD Guide/Development Summary Table EXHIBIT A Town Council Ordinance No. 10, Series of 2010 Page 4 of 17 Architectural Plan Sheets Date Preparer Name L1.01 Interim Landscape plan 1/06/2010 The Neenan Company Snowmass Mountain See Enclosure 17 of PUD 1/22/2010 The Neenan Company Condominium Amendment Application Landscape Plans (see attachments): Landscape Plan Name Sheets Date Preparer Snowmass Mountain Condominium L1.01 Interim Landscape plan 1/06/2010 The Neenan Company Snowmass Mountain Condominium L1.01 1/06/2010 The Neenan Company Civil Engineering Reports: Civil Plan Name Sheets Date Preparer Snowmass Mountain See Enclosure 14 of PUD 1/22/2010 Colorado Civil Condominium Amendment Application. Full Consultants size drawings on file with Town Building M Elevations and Floor Plans (see attachments): Building M Sheets Date Preparer Snowmass Mountain Condominium See attachments 1/22/2010 The Neenan Company 136 137 SNOWMASS MOUNTAIN CONDOMINUMS 138 DEVELOPMENT SUMMARY TABLE 139 140 OVERALL SITE COVERAGE CONDITIONS Overall Site Area Developed Site Area Open Space / Landscaped Area Buildings A — L Coverage with Carport, and pool Road & Parking 348,480.0 SF (8.0 acres) 217,757.0 SF 186,942.0 SF (includes road & parking area noted below) 30,815.0 SF 27,272.0 SF (stand -along calculation) 141 142 143 OVERALL FLOOR AREA ON THE SITE 144 Condominiums (Buildings A thru L): 67,222.0 SF Building M Units 8000.0 SF 145 146 Page 4 of 6 (60 Units, includes Managers Unit in Building A) (3 Units) 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 PUD Guide/Development Summary Table EXHIBIT A Town Council Ordinance No. 10, Series of 2010 Page 5 of 17 Total of sixty three (63) Units - sixty two (62) Free -Market Units and one (1) Deed -Restricted Unit at the time of Building M construction: Sixty five (62) Free-market units, Buildings A through M 74,257.0 SF floor area Building A (1) Association -Owned Manager's Unit Building M (New Building) New condominium SF - Building M (with 3 units) (Maximum total of 9 bedrooms; 3 bedrooms per unit) 2. Building Height Building Height — For Buildings A -L Building Height — For Building M 3. Site Parking -- Total Parking Spaces (Initial phase) Covered Surface Subtotals: Handicap Standard 965.0 SF floor area 8,000 SF floor area Existing (no change) 35-0" (max.) 65 (including in carport structure) 30 35 1 64 Total Parking Spaces (Final phase with Building M) 71 (including in carport structure) Covered 38 Surface 33 Subtotals: Handicap 1 Standard 70 NOTE: Final phase includes 9 parking spaces for the 9 total bedrooms in Building M. 4. Approval of the proposed Exterior Renovation in terms of the overall architectural character, building materials, construction details, and landscaping (See Tab 15 for material color samples in application notebook dated January 8, 2010 and updated January 26, 2010). a) Hardboard Siding b) Timber Details c) Cultured Stone Veneer 5. Building Summary (see next page) - Page 5 of 6 192 193 PUD Guide/Development Summary Table EXHIBIT A Town Council Ordinance No. 10, Series of 2010, Page 6 of 17 BUILDING # OF UNITS # OF BEDROOMS A 6 12 B 4 8 C 4 8 D 4 8 E 4 8 F 4 8 G 4 8 H 6 13 I 6 14 J 6 13 K 6 14 L 6 13 TOTAL 60 127 M 3 9 SUBTOTAL 63 136 DEED RESTRICT EXISTING MANAGERS UNIT IN BUILDING A, AT TIME OF BUILDING M CONSTRUCTION A 1 2 TOTAL 63 136 Page 6 of 6 rel '1^.rel •.7C,. 144 W EXHIBIT A zm a C� Town Council mm� z z C Ordinance No. 10, Series of 2010 ao�a�s D Page 7 of 17 �aczimosi z 0m�*Cp9z�o CDf^ Ji OW mZfzi�yp V/ Qgoy :cLZ sFi .\ if t°A n {9 pz6D� "Z P m a r- - �O r7 -,m,: ` CAG y,= (n p aC ZM mg G)s �a O OC 0 rn a i m pp g � OZ �/ O p 2di} m c i m a z z — y m i 7O7pp 0 Z D ,8 p rn "OX M o N x OM > ARCHITECTURAL Snowmass Mountain Condominiums ff SITE PLAN o W Wall Replacement and Renovation, (v_ ' c..�..,...a�� vnu„>. coloreds 81615 zm a C� G. O N m vm p a = S v T r- - Oz CllCM 0_ o_= z G1 > ARCHITECTURAL Snowmass Mountain Condominiums ff SITE PLAN o W Wall Replacement and Renovation, (v_ ' c..�..,...a�� vnu„>. coloreds 81615 C� > ARCHITECTURAL Snowmass Mountain Condominiums ff SITE PLAN o W Wall Replacement and Renovation, (v_ ' c..�..,...a�� vnu„>. coloreds 81615 =r EXHIBIT A Town Council IAI_ An _i nAAn yc'# fi(t E'll7k .r. �_ �5-• 77 7� f � ]•sL��� � � �� da ��i� � 4e 1 7 S`^°EPLM I Snowmass mountain Condominiums Wall Replacement and Renovations EXHIBIT A Town Council Ordinance No. 10, Series of 2010 Page 10 of 17 1 1 U x p N i -i z n m I. U q O d h (U O T Z fit m t rrn rn rn rn U+ c 2 m "0 c rn A r` R rk tit H Ut Z 3 y O ip p z: H c tp tit U; r D a 0 to 'ti 73 to ➢ rn Z int to a cu n > rtc N 1-i t D u m cat to tit 'A N 7 D ON a t9 to Z H -t Ott tom( 1 1 X1 p r tr � O CD /-1 n Y "0 X 3 D q O d h (U O T t `tt rn rn rn U+ c 2 m fitrn U O tit H Ut Z 3 Fj t D O ip p z: H c tp tit U; at 1-4 D a 0 to 'ti 73 to ➢ rn Z int rtc N 1-i t D u m cat to tit 'A N 7 1, t ON t9 to t'Q tit EXHIBIT A Town Council Ordinance No. 10, Series of 2010 Page 11 of 17 z G) M fit U) > ;0 0 Ljfft M 0 Z > M GH 00 C) LANDSCAPE PLAN Snowmass Mountain Condominiums o Wall Replacement and Renovations 55 Upper Wmdbrldge Road, Snowman Village CO, 81615 '12JI111 min 0 EXHIBIT A Town Council Ordinance No 10 Series of 2010 Page 12 0 17 jj,Wk IN. , © j o e } 7 , F1 © j o e } 7 F1 o e } . , m m 7 k = / \ } m ) ; f§ 7§ 7 f 3 k ® A o I o># $ m m § \ 4 2 ? ) t / ) \ � 6 2 m % / ƒ § . n ¢ # 2 § 2 2 ° m m F1 EXHIBIT A Town Council Ordinance No. 10, Series of 2010 Page 13 of 17 ! 6 �- SNOWMASS MOUNTAIN CONDOMINIUMS } SNOWMASS VILLAGE PITKIN COUNTY, COLORADO 81613 EXHIBIT A Town Council Ordinance No. 10, Series of 2010 SNOWMASS MOUNTAIN CONDOMINIUMS SNOWMASS VILLAGE M6� Or EXHIBIT A Town Council EXHIBIT A Town Council Ordinance No. 10, Series of 2010 Page 16 of 17 SNOWMASS MOUNTAIN CONDOM ifJ!UMS �. ti2MMASS 'ILI-A. - P�'iN >..... - "'. COLORADO 81615 EXHIBIT A Town Council ',o., Ordinance No. 10, Series of 2010 I Page 17 of 17 I +, ( ?; � I SNOWMASS MOUNTAIN I OONDOMINIUMS I ^,.yRt4S5 VILLAGE 0 . (:N i ^LINTY, COI OR?DO 816>5 Exhibit "B" Town Council Ordinance No. 10, Series of 2010 Vested Rights Development Agreement with its provisions and referenced Exhibits SNOMWASS MOUNTAIN CONDOMINIUMS MINOR PUD AMENDMENT EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 1 of 22 DRAFT: JULY 7, 2010 DEVELOPMENT AGREEMENT TOWN OF SNOWMASS VILLAGE, COLORADO ,Ell 1D SNOWMASS MOUNTAIN CONDOMINIUM ASSOCIATION, INC. JUL 8 2010 FOR VESTING OF PROPERTY RIGHT SNOWMASS MOUNTAIN MINOR PUD PLAN €is,niu%orr THIS DEVELOPMENT AGREEMENT (this "Agreement") dated as of 2010 is between Snowmass Mountain Condominium Association, Inc., a Colorado nonprofit corporation (hereinafter "Snowmass Mountain"), and the Town of Snowmass Village, a Colorado municipal corporation (hereinafter called the "Town"). RECITALS WHEREAS, Snowmass Mountain submitted an Application for approval of a Minor PUD Amendment submission dated January 6, 2010 and updated January 26, 2010' (hereinafter the "Application") for the Snowmass Mountain Condominium Association project (the "Property"); WHEREAS, Snowmass Mountain and the Town desire to enter into this agreement as a means of memorializing the terms and conditions of the approval and the assurances of the Town and Snowmass Mountain to each other as set forth in Town Ordinance No. 07, Series of 2008 (the "Approval Ordinance"); and WHEREAS, the Town Municipal Code (the "Code") authorizes the execution of "development agreements" by the Town. 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 Snowmass Mountain agree that all rights of Snowmass Mountain granted, recognized and confirmed in the Approval Ordinance and this Agreement constitute "Vested Property Rights," as such term is defined in the Code. By way ' The Application requests an amendment to the approval of a Minor PUD granted Snowmass Mountain by Ordinance No. 07, Series of 2008, which approval was not implemented by the Applicant for the reasons set forth in the Application. EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 2 of 22 of illustration, and not limitation, "Vested Property Rights" include the right to implement the Minor PUD Plan and engage in land uses on the Property in accordance with the provisions of the Approval Ordinance for the period of five (5) years from the date of the Approval Ordinance as described in Section 1.3. below. (b) The Town shall not enforce against Snowmass Mountain or the Property any amendment to the Code adopted after the date of the Approval Ordinance, 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 of the Approval Ordinance, or otherwise take any other action that would directly or indirectly have the effect of impairing, preventing, diminishing, imposing a moratorium on improvements and development contemplated by the Application and approval thereof, or otherwise delaying the development or use of the Property in accordance with this Agreement or the Approval Ordinance. Except for those conditions contemplated in the Approval Ordinance or the Code in effect as of the date of the Approval Ordinance, and any other agreements related to the development or use of the Property executed between the Town and Snowmass Mountain contemporaneously with the execution of this Agreement or the Approval 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 Approval Ordinance or any other exercise of the Vested Property Rights. (c) Notwithstanding the foregoing, the Vested Property Rights recognized herein shall not exempt Snowmass Mountain from requirements for building permits, other necessary permits or other approvals required subsequent to the approval of the Approval Ordinance (as required by the Code in effect as of the date hereof.) The establishment of the Vested Property Rights shall not preclude the Application of the requirements of the building code, fire code, plumbing code, electrical code, the mechanical code or of any regulations specifically adopted to correct or mitigate natural or man-made hazards on or in the immediate vicinity of the Property, which hazards could not reasonably have been discovered at the time the Approval 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 Conditions Subsequent to Continued Existence of Vested Property Rights. (a) The Application and Approval Ordinance contemplate four components of the N EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 3 of 22 approved Minor PUD Plan'- with the Application: (i) Replacement of an existing retaining wall with a new retaining structure; (ii) New drive, parking and bus turnaround surface on Snowmass Mountain Property; (iii) An exterior renovation of the Snowmass Mountain project; and (iv) Maintaining the right to build a proposed future phase Building "M" and the granting of vested rights for a period of five (5) years from the date of the Approval Ordinance. (b) With regard to items (i), (ii) and (iii) above, Snowmass Mountain agrees to the following: Snowmass Mountain shall conform to the parameters of the PUD Guide attached to and made part of the Approval Ordinance; and 2. Snowmass Mountain shall grant a ten (10) foot trail easement to the Town to be determined by the Town in that area for the trail easement as shown on the approved Minor PUD Plan and the form of easement attached as Exhibit "l." Within one year of the completion of the new retaining structure, Snowmass Mountain Condominiums shall install landscaping in accordance with the Interim Landscape Plan identified in the Final PUD Guide. (d) With regard to the Town's approval of Snowmass Mountain's right to build Building "M," and the extension of vested rights for Building "M," Snowmass Mountain shall provide the following as a condition to the issuance of a building permit: File with the Town for approval a Supplemental Application for Building "M," consistent with the development parameters in the PUD Guide. 2. File a deed restriction of the Manager's Unit in Building A, substantially in accordance with the form of which deed restriction is attached as The approved Minor PUD Plan includes a request for condominiumization of Building "M" for the Snowmass Mountain Condominiums in accordance with the provisions of the Colorado Common Interest Ownership Act (C.R.S. Section 38-33.3-101, et seq.). EXHIBIT B Town Council Ordinance No. 10, Series of 2010 P Exhibit "2." age 4 of 22 The Supplemental Application may be processed in accordance with Procedures for Planning Director Supplemental Plan Review and Approval attached as Exhibit "3." The continued existence and duration of the Vested Property Rights recognized in this Agreement is subject to the condition that no Material Default by Snowmass Mountain shall occur. If a Material Default shall occur, then, as provided in Section 16A -5-90(c) of the Town Code, the Vested Property Rights shall be forfeited. For purposes hereto, "Material Default" shall mean a failure by Snowmass Mountain to perform any of its obligations under any of the Other Agreements or the Approval Ordinance in any material respect that remains uncured upon notice of such default to Snowmass Mountain after the expiration of any reasonable 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 Snowmass Mountain's performance of its obligations undertaken in the Other Agreements and in recognition that Snowmass Mountain must undertake fund raising from to complete the development of Building "M" 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 of the Approval Ordinance and expiring five (5) years from the date thereof (the "Vesting Period"). Unless expressly provided to the contrary therein, the Approval Ordinance and any modifications and amendments to the Approval Ordinance or any other material related to the development of the Property shall become part of the Vested Property Rights recognized hereunder automatically upon approval by the Town and such vesting shall last throughout the term of the vested rights. Snowmass Mountain may submit requests for further extensions, which may or may not be granted in the sole discretion of the Town Council. ARTICLE II DEFAULT 2.1 Default by Snowmass Mountain. If Snowmass Mountain shall commit a default under the terms of any of the Other Agreements or fail to perform any of its obligations under the Approval Ordinance, which default or failure to perform extends beyond the expiration of any applicable grace and cure period, Snowmass Mountain shall not be entitled to receive additional building permits for the construction of Building "M" described in the Approval 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 4 EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 5 of 22 MA-MOWM, Vested Property Rights recognized hereunder shall be forfeited as provided in Section 16A -5- 90(c) of the Town Code. 2.2 Default by the Town. If the Town is in default in the performance of its obligations under this Agreement, the Town shall have the right to cure such default within 60 days after written notice by Snowmass Mountain of the default to the Town. If the Town fails to cure such default within 60 days after written notice is given from Snowmass Mountain to the Town specifying the nature of the default, then Snowmass Mountain shall have all rights available to it at law or in equity, specifically including the right to specific performance, injunctive relief and/or damages. Upon a default hereunder by the Town, the Vested Property Rights shall be extended for a period of time equal to the duration of such default by the Town, which extension shall specifically include any applicable cure period enjoyed by the Town under this Section 2.2. ARTICLE III ASSIGNMENT 3.1 Assignment by Snowmass Mountain. (a) Snowmass Mountain may assign its rights and obli tions tnder this Agreement, or any portion thereof with regard to Building "MI'kithout the Town's consent by a written recorded instrument expressly assigning such rights and powers any entity which succeeds to substantially all of Snowmass Mountain remaining development rights with respect to the Property as described in the Approval Ordinance. Such consent by the Town shall not be unreasonably withheld. (b) Upon an assignment by Snowmass Mountain of any of its rights or obligations under this Agreement to another entity, and an assumption of those rights or obligations by such assignee, Snowmass Mountain shall be released of all liabilities arising under this Agreement with respect to such rights or obligations or pertaining to Building "M." 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. EXHIBIT B Town Council Ordinance No. 10, Series of 2010 4.2 Burden and Benefits. Page 6 of 22 Each of the benefits, burdens, terms, covenants, agreements and conditions of this Agreement shall be construed as covenants running with the land benefitting and burdening the Property or any applicable portion thereof, and it is the intent of the parties that such benefits, burdens, terms, covenants, agreements and conditions touch and concern such property. 4.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 4.4 Scope of Agreement. The rights granted to Snowmass Mountain by this Agreement are in addition to any other rights held by Snowmass Mountain under applicable law. 4.5 Exhibits. 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 Code, the terms of this Agreement shall control. 4.6 Severability. If any provision of this Agreement shall be invalid, illegal, void or unenforceable, it shall not affect or impair the validity, legality or enforceability of this Agreement or any other provision hereof, and a court shall enforce this Agreement to the maximum extent legally possible to give effect as nearly as possible to the original intent of the Town and Snowmass Mountain as expressed in this Agreement. If any provision of this Agreement is invalid, illegal, void or unenforceable not in its entirety but as applied to a particular act, thing or circumstance, such provision shall not affect or impair the validity, legality or enforceability of this Agreement or any provision hereof as applied to any other act, think 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 Snowmass Mountain 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 Snowmass Mountain and the Town. 0 EXHIBIT B Town Council Ordinance No. 10, Series of 2010 4.8 Notices. Page 7 of 22 Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to Town: Town of Snowmass Village Community Development Department 16 Kearns Road Snowmass Village, CO 81615 Address for giving notice to Snowmass Mountain: Snowmass Mountain Condominium Association, Inc. P.O. Box 5124 Snowmass Village, CO 81615 4.9 Recording. Snowmass Mountain and the Town each shall have the right to record this Agreement in the records of the office of the Clerk and Recorder of Pitkin County, Colorado. 4.10 Captions and Titles. All captions and titles of headings of Articles and Sections in this Agreement are for the purpose of reference and convenience and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. 4.11 Attorney Fees. Notwithstanding anything to the contrary contained in this Agreement, if either party institutes legal proceedings against the other with respect to this Agreement, the non -prevailing party shall pay to the prevailing party an amount equal to all attorneys' fees and disbursements and all other costs and expenses incurred by the prevailing party in connection therewith, including, without limitation, the fees and disbursements of any attorneys, accountants, engineers, appraisers or other professionals engaged by the prevailing party, whether incurred before or at trial, on appeal, in bankruptcy or in post judgment collection. h Town Council Ordinance No. 10, Series of 2010 Page 8 of 22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 12010. THE TOWN OF SNOWMASS VILLAGE 0 ATTEST: Rhonda B. Coxon, Town Clerk Bill Boineau, Mayor (Date) SNOWMASS MOUNTAIN CONDOMINIUMS ASSOCIATION, INC., A COLORADO NONPROFIT CORPORATION an STATE OF COLORADO ) ss. COUNTY OF PITKIN ) (Date) The above and foregoing document was acknowledged before me this day of , 2010 by Bill Boineau as Mayor for the Town of Snowmass Village and by Rhonda Coxon as Town Clerk for the Town of Snowmass Village. Witness my hand and official seal. My commission expires [SEAL] F� Notary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 9 of 22 The above and foregoing document was acknowledged before me this day of , 2010 by . as of the Snowmass Mountain Condominium Association, Inc., a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires [SEAL] Notary Public EXHIBIT B Town Council Ordinance No. 10, Series of 2010 EXHIBIT "I" Page 10 of 22 (Trail Easement to be attached) 7 JUL 3 2010 8,1,iowrmss v" �ge -ient Cornr-wn�t.v Dnvelopri ME EXHIBIT B Town Council, 4 Ordinance No. 10, Series of 2010Al Page 11 of 22 L JUI 3 2001 a 3 "Y I elvfti.�ii nip TRAIL EASEMENT AGREEMENT –16—W4 cx� •0.(Q 2. THIS AGREEMENT is made this day of , 2010, between the Snowmass Mountain Condominium Association, Inc. (hereinafter "Snowmass Mountain"), and the Town of Snowmass Village, a Colorado Home Rule Municipality (hereinafter "Town"). RECITALS WHEREAS, Snowmass Mountain has obtained approval from the Town for its Minor PUD by Town Ordinance (Series of 2010). WHEREAS, Snowmass Mountain volunteered during the approval process to grant a trail easement to the Town across the Snowmass Mountain general common elements in an area to the north of a line as shown on the Third Supplemental and Preliminary Amended Condominium Map of the Snowmass Mountain Condominiums (hereinafter "Amended Condominium Map"), subject to the terms and provisions hereof. WITNESSETH NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereafter set forth, and for other good and valuable consideration, the parties agree as follows: 1. Grant of Easement. Subject to the terms, restrictions and conditions hereof, Snowmass Mountain hereby grants to the Town for use by members of the public a non-exclusive trail easement ten feet in width (the "Easement") across Snowmass Mountain property in an area agreed upon by Snowmass Mountain and the Town to the north of that line described on Amended Condominium Map. The grant of easement is subj ect to the condition that a trail shall be constructed over and across the adjacent properties to the east and to the west linking said trail to the easement granted hereby. The Town shall have the right, upon written notice to assign its interests in this Easement Agreement to an organization formed or to be formed to operate trails for public purposes or to a park or recreation district to be organized for purposes of maintaining and operating public trails; provided however, no such assignment as herein permitted shall release the Town from any of its duties or obligations hereunder. The Easement shall be ten (10) feet, (i.e. five (5) feet on either side of the centerline of such trail if, when and as constructed and in place). 2. Use. The Easement shall be used for the purposes specified herein and for no other purpose. No motorized vehicles of any kind shall be permitted on the Easement except for maintenance or repair. Nothing herein shall be construed 1pmr� to grant members of the public any right to use or cross other property of Snowmass Mountain in order to gain access to the Easement. Snowmass Mountain reserves the right to use the Easement and the lands below and airspace above for all purposes which do not unreasonably interfere with EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 12 of 22 the use by members of the public or the rights herein granted. Without limited to the foregoing, Snowmass Mountain shall have the right to: (i) grant any underground easements to utility companies within the Easement granted herein, provided that no utility company shall be permitted to exercise any rights under such utility easement that unreasonably interferes with the rights of members of the public hereunder and (ii) construct and maintain underground drainage or de- watering structures or facilities. No lighted or night time use of the Easement shall be permitted. The Town shall be resposible for the placement of informational trail signs and markers; and keeping the trail free and clear of refuse and trash. 3. Special Restrictions. In addition to the restrictions set forth above, use of the Easement shall be subject to the following: aOe 1 A. The Town shall.aewethat the setting of the trail shall avoid areas of sensitive t P vegetation and other man-made structures or features on the Snowmass Mountain property. B. Access to the trail shall be via the public trail system. No other lands of Snowmass Mountain may be used to access the easement and nothing herein shall be construed as a grant, express or implied, over any other lands of Snowmass Mountain. ��o�-d► �h� ll mow► �6t �.vt,.�ld. C. The specific location of the tr it shall be presented by the Town to the Boar of Directors of Snowmass Mountain for approva A The location/alignment of the trail may be subject to change by the consent of Snowmass Mountain and the Town. 4. Term. Use of the Easement shall commence upon the approval of the actual location of the easement by the Board of Directors of Snowmass Mountain. 4;ki . gasetm; .t -1-11 *P tta*A mew _(21�nncarntiva vaarc 5. Non -Profit Purposes. The purpose ofthis Easement Agreement is to allow use of the easement by members of the public for non-profit recreational purposes in accordance with the terms, provisions and conditions hereof. The easement shall not be used for profit or commercial purposes or any other purposes except as expressly allowed herein. 6. Hold Harmless and Insurance. The parties expressly acknowledge that Snowmass Mountain is entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, Section 33-41-101, et sea., C.R.S. By granting the easement hereunder, Snowmass Mountain shall have no obligation to repair or otherwise maintain the area within the easement, or to insure or indemnify the Town for any injury, claim or damage to any person or property, whether alleged to have occurred while using the easement for any purposes or due to the condition of any trail or otherwise. By accepting the easement granted hereunder, the Town agrees: A. To defend and hold harmless Snowmass Mountain, its agents, representatives, 2 Town Council Ordinance No. 10, Series of 2010 Page 13 of 22 employees and successors and assigns, to the full extent allowed under Colorado law, for any injury, claim or damage to any person or property, whether alleged to have occurred while using the easement due to the condition of any trail or otherwise; B. To carry a policy insuring against such claims or losses and to add Snowmass Mountain as a co-insured on such policy. The Town shall, on or before January 1 of each year and annually thereafter, furnish a Certificate of Insurance and a copy of the policy to Snowmass Mountain as verification of the acquisition and maintenance of such insurance, the amount and adequacy of which shall meet with Snowmass Mountain's approval, which approval shall not be unreasonably withheld. The policy shall provide that, as to Snowmass Mountain, the policy shall not lapse, be canceled, amended or modified in any way unless the insurance company shall have first given each of the parties thirty (30) days written notice thereof at the address of each insured as provided herein. C. To reserve to Snowmass Mountain the right to claim full credit for all of the square footage contained within the easement under the Town of Snowmass Village Land Use Code in any future land use application or approval relating to the property. 7. Construction and Maintenance. The trail shall be constructed by the Town at the Town's sole expense. If and when constructed, the Town shall assume all obligations for the operation, maintenance, repair and replacement thereof, including but not limited to, the obligations to keep the trail and areas immediately adjacent thereto clean and free of trash and refuse. 8. As -Built Survey. At such time as the construction of the trail is complete, the Town shall cause the centerline of the trail to be surveyed and a precise legal description of the Easement to be prepared, being five (5) feet on either side of the centerline of the trail as built. Upon completion of the survey, the parties shall at the request of Snowmass Mountain enter into a supplement to this Agreement in recordable form providing a precise legal description for the Easement and, if necessary, an amendment to the Amended Condominium Map shall be approved and signed showing the precise as -built location of the Easement. 9. Enforcement. The Town shall be responsible for enforcing the terms, provisions and conditions of this Easement Agreement and in particular the use restrictions set forth in Paragraph 2 above. Snowmass Mountain may, but shall not be obligated to, enforce any of the terms, provisions and conditions of this Easement Agreement and in furtherance thereof Snowmass Mountain may post signs or install fencing for such purposes, including notifying the public that private property is being crossed and to stay within the easement. 10. Notices. Notices and other communications which may be given, or are required to be given hereunder, shall be in writing and shall be deemed given to a party when delivered personally or when deposited in the United States mail with sufficient postage affixed and addressed to such party at the respective address shown below: 3 EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 14 of 22 Snowmass Mountain: Chairman of the Board of Directors Snowmass Mountain Condominiums P.O. Box 5124 Snowmass Village, CO 81615 Town: Town of Snowmass Village c/o Town Manager 130 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 copy to: Town of Snowmass Village Attorney 130 Kearns Road P.O. Box 5010 Snowmass Village, CO 81615 12. Miscellaneous. A. Either party shall have the right and power to bring suit in its own name for any legal or equitable relief due to the lack of compliance with any provisions of this Easement Agreement. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Agreement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. B. The failure of either party to insist upon the strict performance of any provisions of this Easement Agreement or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision. C. This Easement Agreement and the grant of the easement hereunder is made subject to any existing leases, easements, reservations, restrictions or rights-of-way. D. This Easement Agreement may not be amended, nor may any rights hereunder be waived, except by an instrument in writing executed by the parties hereto and duly recorded in the real estate records of Pitkin County, Colorado. E. The interpretation, enforcement or any other matters relative to this Easement Agreement shall be construed and determined in accordance with the laws of the State of Colorado. F. All the provisions of this Easement Agreement, including the benefits and 11 EXHIBIT B Town Council Ordinance No. 10, Series of 2010 burdens created thereby, shall run with the land. Page 15 of 22 G. In the event any clerical, administrative or other errors are found in this Easement Agreement or any legal descriptions or other exhibits hereto or in the event any exhibit shall be missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary any documentation in order to correct the erroneous document, description, exhibit or to provide any missing exhibit. H. Should any provision of this Agreement be deemed invalid due to a violation of the rule against perpetuities or any other rule or law relative to vesting or the alienation of property, such provision shall nevertheless remain effective for the longest period permitted by law as though such provision had originally been enforceable. IN WITNESS WHEREOF, the parties have executed this Easement Agreement as the day and year first above written. TOWN OF SNOWMASS VILLAGE: By: STATE OF COLORADO ) ss. COUNTY OF PITKIN ) SNOWMASS MOUNTAIN CONDOMINIUM ASSOCIATION: La-Z President The foregoing Trail Easement Agreement was acknowledged before me this 2010, by the Town of Snowmass Village. WITNESS my hand and official seal. My commission expires: Notary Public as day of of EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 16 of 22 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Trail Easement Agreement was acknowledged before me this ,2010, by Snowmass Mountain Condominium Association. WITNESS my hand and official seal. My commission expires: PAwp\PJTRE\SnoRnnass Mtn.Trail Easment.wpd 0 as Notary Public day of ofthe EXHIBIT B Town Council Ordinance No. 10, Series of 2010 EXHIBIT "2" Page 17 of 22 ( Housing Deed Restriction to be attached) ii L 8 2010 EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 18 of 22gf„ s - OCCUPANCY DEED RESTRICTION AND AGREEMENT JUL 10 FOR AN AFFORDABLE HOUSING UNIT.,< it a iN D . u =biopme nt THIS AGREEMENT is made and entered into this day of , 2010, by SNOWMASS MOUNTAIN CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation, P.O. Box 5124, Snowmass Village, Colorado 81615 (hereinafter referred to as "Owner") and the TOWN OF SNOWMASS VILLAGE (hereinafter "Snowmass Village"), a Colorado Home Rule Municipality. WITNESSETH WHEREAS, Owner comprises the unit owners of Snowmass Mountain Condominiums as described in the Amended Composite Condominium Map for Snowmass Mountain Condominiums recorded in Book , Page , at Reception No. in the real property records of Pitkin County, more specifically described as stated in Exhibit "A" (hereinafter referred to as "Real Property"), which map designates a Unit as the the Manager Unit, comprising nine hundred sixty-five (965)square feet; and WHEREAS, this Agreement imposes certain covenants which restrict the use and occupancy of the Manager's Unit to employees and their families who are employed in the Town of Snowmass Village and/or Pitkin County and meet the qualification guidelines of an employee established by the Town of Snowmass Village on an annual basis. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: Owner hereby, covenants that the Manager's Unit described above shall at all times remain a rental unit. 2. The use and occupancy of the Manager's Unit shall henceforth be limited exclusively to housing for employees and their families who are employed in the Town of Snowmass Village and/or Pitkin County and who meet the definition of "employee" as that term is defined by the guidelines established and by the Town Snowmass Village on an annual basis. Owner shall have the right to lease Manager's Unit to a "qualified employee" of Owner's own selection. Such individuals may be employees of the Owner. 3. The Manager's Unit shall only be occupied by qualified employees and shall not be used as a guest facility. EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 19 of 22 4. Approval of a tenant in the Manager's Unit other than an employee of Owner shall be obtained from the Town of Snowmass Village prior to occupancy by the tenant. 5. Upon vacancy of the Manager's Unit, Owner shall have sixty (60) days in which to locate a qualified employee. If an employee is not placed by the Owner, the Town of Snowmass Village may select a qualified employee to whom Owner shall rent the Affordable Housing Unit to a qualified employee. 6. This Agreement shall constitute a covenant running with the Manager's Unit-grrr- [ as a burden thereon for the benefit of and shall be specifically enforceable by the Town of Snowmass Village, Colorado, and its respective successors, as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants; and this Agreement shall only be released by a written instrument executed by the Town of Snowmass Village. IN WITNESS HEREOF, the parties hereto have executed this instrument on the date and year above first written. OWNER: SNOWMASS MOUNTAIN CONDOMINIUM ASSOCIATION, INC. George Falk, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2010, by George Falk as President of Snowmass Mountain Condominium Association, Inc. WITNESS My hand and official seal My commission expires: Town Council Ordinance No. 10, Series of 2010 Page 20 of 22 Notary Public ACCEPTANCE BY THE TOWN OF SNOWMASS VILLAGE The foregoing agreement and its terms are accepted by the Town of Snowmass Village. TOWN OF SNOWMASS VILLAGE Mailing Address: The Town of Snowmass Village P.O. Box Snowmass Village, CO 81615 STATE OF COLORADO ) ) ss. COUNTY PITKIN ) The foregoing instrument was acknowledged before me this day of ,20 by as of the Town of Snowmass Village. WITNESS my hand and official seal. My commission expires: 3 Notary Public EXHIBIT B Town Council Ordinance No. 10, Series of 2010 EXHIBIT "Y Page 21 of 22 PROCEDURE FOR PLANNING DIRECTOR SUPPLEMENTAL PLAN REVIEW AND APPROVAL CE1"-7,-,,,T- Submission of Supplemental Application. JUL 8 2010 The Supplemental Application for the Final Plan for Building "M" shall be submitted to the Planning Director prior to the submission of a building permit application. The Planning Director shall review the Final Plan to determine that substantial consistency exists between the Final Plan and the Minor PUD Amendment for Building "M," the Development Agreement, the conditions imposed by the Approval Ordinance, and the provisions of the Final PUD Guide. The Planning Director may request additional information necessary to adequately evaluate the Final Plan as the Planning Director deems reasonably necessary. Snowmass Mountain shall be responsible for payment of Town costs associated with processing the Supplemental Application pursuant to the Town Planning Department Fee Schedule in effect at the time the Supplemental Application is made. After review of the Final Plan, the Planning Director shall cause a public notice to be published that the Town Council will consider the approval of the Final Plan for Building "M" at a regularly scheduled Town Council meeting to occur at least 15 days following the date of publication of the public notice. The Town Council shall consider the recommendation of the Planning Director and will approve the Final Plan by Resolution provided that substantial consistency exists between the Final Plan and the Preliminary Plan for Building "M" and the parameters described in the Development Agreement, the conditions imposed by the Approval Ordinance and the provisions of the PUD guide. 2. Standard of Review for Planning Director Final Plan Modification. For any modification to Building "M," the Planning Director shall consider whether the proposed modification: is consistent with the original provisions of the Development Agreement, the PUD Guide and the Approval Ordinance; and 2. does not have a substantially adverse effect on the neighborhood surrounding the Building "M" parcel or have a substantially adverse impact on the enjoyment of land abutting upon the Building "M" parcel; and would not change the basic character of the Snowmass Mountain Condominiums Project or surrounding areas; and 4. complies with all applicable standards and provisions of the Municipal Code. 12 EXHIBIT B Town Council Ordinance No. 10, Series of 2010 Page 22 of 22 Upon finding that the proposed modification meets the above criteria, the Planning Director shall grant a Planning Director Modification approval and a written notice of decision will be recorded in the records of the Pitkin County Clerk and Recorder. Procedure for Obtaining Planning Director Modification for Building `M." (a) Any application for Planning Director modification shall minimally include the following: (i) revised Design Drawings, if necessary; and (ii) specify the exact changes proposed to the previously approved development parameters for the Building; and (iii) specify the effects, if any, such modification would have to the development parameters for the Lot: (iv) written description of how the proposed modification complies with the `Standards for Review' specified in Paragraph 2 above; and (v) signed fee agreement to pay Town costs associated with processing the application. (b) Within 15 days after receiving such submission, the Planning Director shall provide a written decision notice of the Planning Director's determination approving, approving with conditions or denying the application. (c) Within 10 days after the Planning Director's determination, the applicant for the proposed modification may appeal such determination to the Town Council, which has the authority to reverse the determination of the Planning Director by majority vote of its members present and voting. C:\wp\PJT\RE\Snowanass Mtn.Develop.Agnt.clean.7.7.10.wpd 13 Exhibit "C" Town Council Ordinance No. 10, Series of 2010 Parking Management Plan SNOMWASS MOUNTAIN CONDOMINIUMS MINOR PUD AMENDMENT Exhibit "C" Town Council Ordinance No. 10, Series of 2010 Page 1 of 1 Parking Management Plan: The proposed Snowmass Mountain condominium Revovation and Addition will include existing and added parking which will be managed through the administration of the on-site property management team. The Snowmass Mountain Condo Association agrees that neither new or existing parking will ever be condominiumized or sold, and shall remain in perpetuity for the sole use of the Homeowners; Guests and Services related to the operation of the condo complex. Each Condominium Unit and Employee Unit will be provided with one designated and appropriately signed covered parking space. The remaining spaces will be used only for the owners, guests and service of the Snowmass Mountain Condo complex, and will be monitored on a daily basis by the on-site managers — with any unauthorized vehicles to be tagged and then, if not removed within the day, to be booted and towed. The booting and towing process is in keeping with the current management procedures. Because the complex has operated for many years with a severe parking shortage, there are many instances of unauthorized parking which occur on a frequent basis. And because of the limited size of the very constrained site, any unauthorized parking creates serious problems either by blocking access for the authorized assigned unit's parking, blocking the access way for the bus route, impairing the snow -removal process (as needed), or generally congesting the movement of vehicles on the site. So, the property managers have instituted very vigilant and rigorous parking controls, and are well -practiced in thoroughly managing the parking on the site. And, although the severe parking shortage should be alleviated by the proposed new parking plan, the property management's existing policies and vigilance will continue in the management of the revised parking arrangement. Exhibit "D" Town Council Ordinance No. 10, Series of 2010 Referral Agency Review Comments SNOMWASS MOUNTAIN CONDOMINIUMS MINOR PUD AMENDMENT SCHMUESER i GORDON j MEYER ENGINEERS !SURVEYORS I►Ti■ ►T1(91i7=>>1111l1�I1 DATE: February 19, 2010 TO: Mr. Jim Wahlstrom, Town Planner CC: Hunt Walker, Public Works Director FROM Dean Gordon, Town Engineer I 1 8 WEST SIXTH STREET, SUITE 200 GLENWOOD SPRINGS, CO 8 1 60 1 970.945.1 004 970.945.5948 FAX Town Council Ordinance No. 10, Series of 2010 Page 1 of 8 iwahlstrom(a)tosv.com hwalker(a-)-tosv.com RE: Snowmass Mountain Condominiums — Minor Amendment to a PUD This review is based on the following documents: • Minor Amendment of a PUD, dated January 06, 2010, submitted by Neenan Archistruction. • Final Drainage Report, dated November 23, 2009, by Colorado Civil Consultants, Inc. Attached are my review comments, dated May 22, 2008, for the prior submission. Except for those comments related directly to the parking structure, and with a couple of exceptions, they are still generally applicable to this submission: • From a construction perspective, there is not sufficient detail to review the civil portion of the work. Since this is a one step land use review process, a condition of approval would need to be made requiring the Town Engineer to review and approve documents at the building permit stage. • However, rather than being deferred to the building permit stage, there are several issues that need to be addressed as part of this review process. The following comments utilize the same numbering sequence as the prior correspondence. These issues should be addressed as part of the Minor Amendment process. Please refer to the attachment as well: 1. Traffic — there is no discussion of traffic impacts. While the impacts are low for the revised submittal, having no discussion at all is not appropriate. The discussion should include the cumulative impact from the Snowmass Center free market units and the intersections with Lower Woodbridge Road and Brush Creek Road. 2. Mud/Debris Flow — while the proposed portions of this project may not be subject, the existing structures may. Not addressing this issue at all is not appropriate, especially given the recent experience at the Horse Ranch Employee Housing project. ASPEN GUNNISON GRAND JU-NCT!ON 10 1 FOUNDERS PLACE, UNIT 1 02 103 WEST TOMICHI AVE. 573 WEST CRETE CIRCLE PO BOX 21 55 SUITE A BUILDING I , SUITE 205 ASPEN, CO 8 1 61 1 GUNNISON, CO GRAND JUNCTION, CO 8 1 505 970.925.6727 970.64 1.53S5 970,245.257 1 970.925.4157 FAX 970.64 1 .5358 FAX 970.245.2871 FAX MEEKER 320 THIRD STREET MEEKER, CO 81 641 970.878.5 160 970.878.4181 FAX SCHMUESER 4 GORDON i MEYER EXHIBIT D -1�7; Town Council ENGINEERS j S U R V E Y O R S Ordinance No. 10, Series of 2010 Page 2 of 8 G 3. Water Quality — there is one water quality structure shown on the drawings, two discussed in the drainage report and three locations requiring structures on the site plan. Commitment to treat all runoff from parking area is required. 4. Drainage Analysis — • The analysis, and conclusions reached, are based on an "historic" condition of the site as currently developed. Additionally, the site prior to any development needs to be included in the analysis and conclusions. ® The proposed facilities are designed to intercept the 10 -year event. A discussion/analysis of where the overflow goes in a 100 -year event is required, including the impact on downstream property owners and the ability of downstream facilities to accept and convey this overflow. I:\1991\91004\E\Phase 21\M20100219 Memo Mr. Jim Wahlstrom.doc 1. Some discussion is made with respect to increased traffic counts. It does not appear to have addressed potential traffic associated with a conference center. Once the total number of increased vehicle trips per day is generated, it should be added to those which currently exist at both the Lower Wood/Upper Wood Bridge Road intersection and Upper Wood Bridge Road/Brush Creek Road Intersection and verify there is sufficient capacity at these intersections to handle the increase. The fact that there is "a relatively minor amount of increased traffic" is not a sufficient traffic analysis. Note that the analysis should anticipate that the land improvements associated with the Snowmass Center redevelopment are included. No additional information found. This item not adequately addressed. 2. Are the existing units, and the proposed units and parking structure subject to either rock fall or debrief flow hazard? No additional information found. This item not adequately addressed. 3. Water quality from the parking structure must be addressed. The Town has consistently required that any run-off from non-residential parking surfaces, such as parking lots, vehicle storage area, parking structures, etc. be provided with water quality facilities. The architectural drawings indicate there will be an oil and grease interceptor in the garage area. There is no indication on either the architectural or civil drawings where the discharge from that facility will be, how the facility will be sized, design details, etc. I:\1991\91004\E\Phase 21\M20080220 Ltr Mr. Bob Nevins -Revised 5-21.doc SCHMUESER GORDON I MEYER GLENWCOD SPRINGS ASPEN CRESTED BUTTE E N G I N E E R S a. SURVEYORS 1 1 8 w. 6TH, SUITE 200 P.O. Box 2 1 55 P.O. Box 3088 _.._ ,._.._.____ -_.._ . __ _..... ....... GLENWOOD SPRINGS, Co 8 1601 ASPEN, Co 8 1 612 CRESTED BUTTE, CO 8 1 224 970-945-1004 970-925-5727 970-349-5355 FX: 970-945-5948 FX: 970-925-4157 FX: 970-349-5358 EXHIBITD MEMORANDUM Town Council Ordinance No. 10, Series of 2010 DATE: February 20, 2008 — Revised May 22, 2008 Page 3 of 8 TO: Mr. Bob Nevins, Town Planner bnevins(a)-tosv.com CC: Hunt Walker, Public Works Director hwalker(a)-tosv.com FROM Dean Gordon, Town Engineer RE: Snowmass Mountain Condominiums -Minor PUD Amendment Issues to be addressed from an engineering standpoint are as follows: In_italized format, please find my additional comments with respect to the Submittal dated March 12, 2008. 1. Some discussion is made with respect to increased traffic counts. It does not appear to have addressed potential traffic associated with a conference center. Once the total number of increased vehicle trips per day is generated, it should be added to those which currently exist at both the Lower Wood/Upper Wood Bridge Road intersection and Upper Wood Bridge Road/Brush Creek Road Intersection and verify there is sufficient capacity at these intersections to handle the increase. The fact that there is "a relatively minor amount of increased traffic" is not a sufficient traffic analysis. Note that the analysis should anticipate that the land improvements associated with the Snowmass Center redevelopment are included. No additional information found. This item not adequately addressed. 2. Are the existing units, and the proposed units and parking structure subject to either rock fall or debrief flow hazard? No additional information found. This item not adequately addressed. 3. Water quality from the parking structure must be addressed. The Town has consistently required that any run-off from non-residential parking surfaces, such as parking lots, vehicle storage area, parking structures, etc. be provided with water quality facilities. The architectural drawings indicate there will be an oil and grease interceptor in the garage area. There is no indication on either the architectural or civil drawings where the discharge from that facility will be, how the facility will be sized, design details, etc. I:\1991\91004\E\Phase 21\M20080220 Ltr Mr. Bob Nevins -Revised 5-21.doc Town Council SCHMUESER GORDON MEYER Ordinance No. 10, Series of 2010 ENGIN E E P S o SURVEYORS Page 4of8 r My recommendation is that the interceptor be tied into the sanitary sewer - facilities. If not, the applicant should demonstrate that there is a discharge permit in place for a discharge from that facility to surface waters. This item has not been addressed. There are no water quality features for the surface portion of the parking area. The applicant indicates that the impact to water quality discharge will be minimal - this is not an acceptable response. 4. A drainage analysis will need to be prepared at a final plat submission. It should address both the incremental increase in drainage of this project versus what exists, as well as the total drainage impact of the final site development to an undeveloped site. It has been the Town's policy to require that projects that did not provide drainage improvements when they were originally built, to address that condition on any redevelopment. Drainage analysis should provide a basis for sizing of the drainage facilities proposed. It should also demonstrate what the impact on downstream property owners is both currently and in the redeveloped state. My copy of the drainage plan was Xeroxed and assembled out order, it appears that there some pages that may have been missing; I generally could not follow the drainage plan as currently presented. • The applicant must either construct water quality detention facilities that will release from this site at the historic rate (as compared to an undeveloped site) or get a letter from downstream property owners that would be subject to the increased run-off from this site indicating that such increase was acceptable to them. Neither is part of the Submittal. Applicant should also demonstrate that downstream facilities are sufficient to convey the increase in water volume to the ultimate receiving stream, in this case, Brush Creek. That has not been done. • It would appear to me that the surface facilities on this project are not capable of conveying the 900 -year event without overflow. An analysis, either quantitative or narrative or both should be presented as to what the anticipated flow path of such overflow would be and the consequences on both on-site and downstream properties. It appears to me that the overflow would leave the site at the entrance to the project, cross the road and impact the Wood Bridge Condominiums. Referencing Item 2 above, it would appear to me that the entire surface of the parking area would be subject to potential mud/debris flow into the northwest corner of the project, thereby rendering most or all of the drainage facilities inoperable during a major storm event. How is this proposed to be handled from a run-off event perspective? I:\1991\91004\E\Phase 21\M20080220 Ltr Mr. Bob Nevins -Revised 5-21.doc EXHIBIT D Town Council SCHMUESER I GORDON I MEYER Ordinance No. 10, Series of 2010 ENGINEERSs SURVEYORS Page 5 of 8 There are at least two additional discharge points being proposed off this project -- - -- - - - - - to the east, making a total of at least four (4) discharge points. The Carroll ditch is piped throughout much of this area. It would appear these discharges introduce water to the properties to the east where there are not facilities to accommodate them. Also, it appears it will introduce water to areas which currently do not have that situation occurring. Riprap is shown on three (3) of the discharge points, however, the riprap is not carried to the bottom of the steep slopes that the discharge points - - are terminating on. It would appear there will be significant erosion below the riprap points and a possibility of destabilization of a steep slope due to a water intrusion. This situation should be addressed from both engineering and geotechnical standpoints. y The existing facilities to the east do not appear to be correctly shown. Are they to be used totally or partially in the new plan? The pedestrian path currently provides a barrier to the east properties. Is the carrying capacity for the uphill ditch adequate and does it need to be armored at any other flows? I:\1991\91004\E\Phase 21\M20080220 Ltr Mr. Bob Nevins -Revised 5-21.doc MEMO To: Jim Wahlstrom, Senior Planner From: David Peckler, Transportation Director Date: February 12, 2010 Re: Snowmass Mountain Condominium Application EXHIBIT D Town Council Ordinance No. 10, Series of 2010 Page 6 of 8 We have had a number of meetings with the representatives of the Snowmass Mountain Condominium Association (SMCA) to discuss our concerns regarding the current conditions and the proposed changes. We feel the proposed changes to the roadway and the creation of the "turnaround area" will be improvements that will help us. We also feel that the addition of one employee studio unit will help with on site management of parking and service vehicles. Parking and management of service vehicles for this project will still be a challenge, particularly to not have vehicles encroaching into the "traffic lane" and "turnaround area." Improvement of the snow removal/storage will help the parking problems we see today. We also want both SMCA and Woodbridge Condominium Association to be aware that we will not be able to provide service to their properties until an adequate turnaround can be established, see comment 4 below.) Specific comments on application are as follows: Enclosure 1, B New Drive Surface ... and Enclosure 13 A1.02: It references in Enclosure 1 the installation of a snowmelt system "throughout the new driveway ... as indicated on drawings in enclosure #15." In Enclosure 15, drawing A0.1 has a bubble section referencing SEE ENCLOSURE #1 ITEM B that covers the section of the realigned traffic lane up to the first parking stalls on the East side. Enclosure 13 A1.02 shows the whole driveway as having a snowmelt system. The references should be consistent. Our priority is to see the snowmelt system operating for the traffic lane at the entrance to the property at the grade change, then at the turnaround, and finally the straight and flat section between the two. We hope that this priority sequence will be considered in the design and installation of the snowmelt system. If there is only the snowmelt system at the entrance, then a snow storage plan should be considered. 2. Enclosure 1, G Number of Units & H Parking: Parking has long been a problem that the SMCA is trying to address. The first phase improvements suggest that the existing 60 units parking of 62 spaces will be improved to 65, and the future addition of Building M will increase the parking to 71 spaces. This will increase the parking space/unit ratio to 1.12 parking spaces/unit. I believe that a commitment to aggressively manage both residential and commercial (delivery) parking on site is important to protect emergency access and turnaround area. 3. Enclosure 10 B. 5 Road Standards "A portion of the roadway may be snowmelted to improve vehicular access, safety and parking. An adequate snow storage area is identified on the Final Plan." It should be clear what is being proposed. Has the Road Division reviewed the snow storage plan should only one section (Enclosure 15 A0.1) of snowmelt system be installed? 4. Enclosure 15 A1.01: the Site Demolition Plan shows a significant area being worked on that will displace an extreme amount of the parking and traffic lane. It should be clear to the 0 Page 1 X 9 O 1 Town Council Ordinance No. 10, Series of 2010 Page 7 of 8 residents and guests of the property that we will not be able to provide service to the property until this work is completed and approved. Also, service to Upper Woodbridge Condominiums will be compromised as well because there is not dedicated turnaround there. Woodbridge Condominiums should be aware that we will not be able to get back to their property until this phase of the construction is completed. Designation of a dedicated turnaround at Upper Woodbridge units will be necessary to get bus service to these units. If there is significant compromise of the traffic lane during the exterior remodel phase as well, then we will not be able to provide service to both properties until the construction is completed. • Page 2 EXHIBIT D Town Council Ordinance No. 10, Series of 2010 Page 8 of 8 Snowmass-Wildcat Fire Protection District From: John Mele [mailto:JMele@swfpd.com] Sent: Friday, February 12, 2010 8:49 AM To: Jim Wahlstrom Cc: Frank Rudecoff; james.ohison@neenan.com Subject: Snowmass Mountain Condominiums Jim, We have been working with James Ohlson from the Neenan Company on a regular basis and have agreed that we will need to work closely with them on a dynamic emergency access plan that would change as their work was progressing. We have also agreed that new Fire Department Connections for the fire sprinkler system, on both the lower and upper buildings at Snowmass Mountain Condominiums, will be replaced with 2 % " connections. New horn strobe assemblies for the fire alarm and sprinkler systems will be applied to the new skin renovation on all of the buildings as well. When we review the final submitted plans we will be looking closely for assurance that the new access road will be constructed to meet the designed weight loading of our fire trucks. All other items of concern for this project can be addressed by applying the International Fire Codes adopted by the Town of Snowmass Village. I remain available for any additional questions you may have. John T. Mele Fire Marshal- Snowmass Wildcat Fire Protection District (970) 923-2212 jmele@swfpd.com Exhibit "E" Town Council Ordinance No. 10, Series of 2010 Applicant's formal request for a lot size variation of proposed Parcel M with offered Community Purposes SNOMWASS MOUNTAIN CONDOMINIUMS •- - 0 X M ,RTNM LAW OFFICLS OF PAUL J. TADDUNE, P.C. PAUL J. TADDUNL 323 WEST MAIN STREET, SUITr. 301 ASPEN, COLORADO 81611 Tr,LEPHONE (970) 925-9190 TELEFAX (970) 925-9199 INTERNET: taddul-tC@Compuserve.com July 7, 2010 James Wahlstrom Chris Conrad Snowmass Village Planning Department P.O. Box 5010 Snowmass Village, CO 81615 EXHIBIT E Town Council Ordinance No. 10, Series of 2010 Page 1 of 3 AFFILIATED Or%Icr FOWLER, SCH1.MBERG & FLANAGAN, P.C. 1640 GRANT STREET, SUITE 300 DEiJt ER, COLORADO 80203 Tr,LrT1H0NS (303) 298-8603 TELEFAX (303) 295-8748 K SCE W RE: Snorvrnass .Mountaitz Condominiums Application for Mirror PUD Amendment Town Council Meeting ou Jule 6: Public Benefits Pertaining to Parcel M Dear Jim and Chris: In follow-up to the discussion that occurred at last night's Town Council meeting, the purpose of this letter is to request a variation in lot size for the proposed Parcel M to accommodate the new Building "M" and memorialize the following community purposes (see Section 16A-5-300 (c)(6) of the Snowmass Land Use Code) that will be achieved by the Town Council's approval of the variation: A. The provision of restricted housing. Restricted housing will be provided by deed restricting the unit in Building "A" known as the Manager's Unit. This unit is 965 square feet in size, and will be deed restricted if and when Building "M" is constructed and a permit is issued. B. Encourages better design. The proposed lot size will limit the size of a future Building "M," making the design fit in the context of the existing condominium complex. The height and building separation will also be consistent with the existing complex. C. Develops necessary public facilities. The approval of the dimensional variation of Parcel M will facilitate the following public facilities: A bus turn -around as suggested by the transportation director; James Wahlstrom Chris Conrad Snowmass Village Planning Department July 7, 2010 Page 2 EXHIBIT E Town Council Ordinance No. 10, Series of 2010 Page 2 of 3 ii. Snow melting throughout the drive and parking surface for improved traffic and pedestrian safety; iii. Realignment of the entry to help eliminate blind spots; iv. Facilitation of financing and replacement of the existing failing retaining wall for the safety of owners and guests of the Snowmass Mountain Condominiums and neighboring projects; V. Willingness to participate in drainage improvement district, in which all affected neighboring properties will participate; and vi. Trail easement as previously offered. As regards the relationship for the need for an amended condominium map (for Colorado Common Interest Ownership Act purposes) and the re -plat, we propose the following three phase process: — Re -plat and condominium map showing Parcel M and access thereto; — Amended re -plat and condominium map showing as -built improvements after construction; and — Three dimensional condominium map for Building "M" if and when it is built. To the extent required, the Minor PUD Application should be deemed as an application for Building "M" to be condominiumized solely within and as part of the Snowmass Mountain Condominiums Project and condominium regime. Regarding the trail easement, my recollection is that the actual location of the trail as in place or as built will be determined by the Town at a future date. It is generally shown on the attached revised re -plat. The access to Parcel M is also shown on the re -plat. Also attached is a revised version of the Development Agreement incorporating your comments sent by e-mail this morning. James Wahlstrom Chris Conrad Snowmass Village Plam-iing Department July 7, 2010 Page 3 EXHIBIT E Town Council Ordinance No. 10, Series of 2010 Page 3 of 3 Please understand the urgency of keeping the process on track for the next meeting on July 19, 2010. Therefore, let me know immediately if you have any questions or need any further amplification. Very truly yours, PAUL J. TADDUNE, P.C. 1 Paul J. Taddune PJ'I':nwt cc: John Dresser, Esq. Enclosures