On the agenda: Snowmass Village Town Council Regular Meeting — Data Center (Aug 20)

SNOWMASS VILLAGE
REGULAR MEETING AGENDA
AUGUST 20, 2007
PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE- ITEMS COULD START

EARLIER OR LATER THAN THEIR STATED TIME
CALL TO ORDER AT 4:00 P. M.

Item No. 1:

ROLL CALL

Item No. 2:

PUBLIC NON-AGENDA ITEMS
5- Minute Time Limit)

Item No. 3:

COUNCIL UPDATES
Town Council

Item No. 4:

CONSTRUCTION UPDATE (Time: 15 Minutes)

ACTION REQUESTED OF COUNCIL: TWO-WEEK LOOK AHEAD FOR
CONSTRUCTION ACTIVITY
Jason Haber.....................................................
Item No. 5:

Page 1 ( TAB A)

SECOND READING OF ORDINANCE NO. 14, SERIES OF 2007 AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES
GREATER THAN THIRTY PERCENT( 30%) WITHIN LOT 28, PARCEL

G- THE PINES, EAST VILLAGE PUD: ( Time: 30 Minutes).

ACTION REQUESTED OF COUNCIL: Approve second reading with
Conditions or Denial.
Bob Nevins.....................................................
Item No. 6:

Page 5 ( TAB B)

SNOWMASS ARTS ADVISORY BOARD PROJECT UPDATE (Time: 20
Minutes):

ACTION REQUESTED OF COUNCIL: No action needed. Council may
comment or ask questions during or at the end of the presentation.
Members of SAAB............................................
Item No. 7:

Page 27 (TAB C)

RESOLUTION NO. 17, SERIES OF 2007— SNOWMASS ARTS
ADVISORY BOARD ( Time: 5 Minutes)
ACTION REQUESTED OF COUNCIL: Approval of a resolution

appointing a member to the Snowmass Arts Advisory Board ( SAAB).
Rhonda B. Coxon............................................

Item No. 8:

Page 29 (TAB C)

DISCUSSION —WINTER PARKING PLAN ( Time: 45 minutes)

ACTION REQUESTED OF COUNCIL: Establish parking permit fees,
restrictions on specific permits and distribution of parking within the
community to within the cap of 2. 250 public parking spaces.
David Peckler.................................................

Item No. 9:

Page 34 (TAB D)

MARKETING BRAND MARK( Time: 15 Minutes):

ACTION REQUESTED OF COUNCIL: Presentation by Staff of
Marketing, Special Events & Group Sales Board regarding new brand
identity marks. Two marks will be shown. Both are solely for marketing

L

08-20-07 T.C.
Page 2of3

purposes in an effort to be consistent in the marketplace as partners

promoting Snowmass Village overall for greatest impact.
Page 42 (TAB E)
Susan Hamlet'............................................ ....
Item No, 10:

RESOLUTION NO. 20, SERIES OF 2007— SPECIAL REVIEW
APPLICATION FOR SAM' S KNOB ( Time: 10 minutes)
CONSIDERATION OF A RESOLUTION APPROVING THE SPECIAL

REVIEW APPLICATION FOR THE SNOWMASS MOUNTAIN SAM' S
KNOB REPLACEMENT RESTAURANT AND OTHER INTERIM

ANCILLARY FACILITIES ON SAM' S KNOB

ACTION REQUESTED OF COUNCIL: Approve, modify or deny
Resolution No. 20, Series of 2007. Council has the option of deferring
action on the resolution until the scheduling of the second reading of the
accompanying 30% slope impact Ordinance No. 16, Series of 2007.
Jim Wahlstrom..................................................
Item No. 11:

Page 45 ( TAB F)

FIRST READING OF ORDINANCE NO. 16, SERIES OF 2007
FIRST READING OF AN ORDINANCE - SAM' S KNOB RESTAURANT
DECK ON 30% SLOPES ( Time: 10 Minutes)
CONSIDERATION OF AN ORDINANCE APPROVING DEVELOPMENT

WITHIN AREAS CONTAINING THIRTY PERCENT (30%) SLOPES AT

THE SAM' S KNOB SUMMIT ON SNOWMASS MOUNTAIN

ACTION REQUESTED OF COUNCIL: Approve, modify or deny the First
reading of Ordinance No, 16, Series of 2007
Jim Wahlstrom.....................................................
Item No. 12:

Page 66 (TAB G)

FIRST READING OF ORDINANCE NO. 18, SERIES OF 2007
FIRST READING OF AN ORDINANCE - ENGINE IDLING

REGULATIONS ( Time: 15 Minutes

ACTION REQUESTED OF COUNCIL: Approve the first reading of
Ordinance No. 18, Series of 2007, An Ordinance to be implemented into
Chapter 8 of the Town of Snowmass Village Municipal Code to Prohibit

Excessive Vehicle Engine Idling
Jason Haber.....................................................

Item No. 13:

Page 79 ( TAB H)

FIRST READING OF ORDINANCE NO. 12, SERIES OF 2007
FIRST READING OF AN ORDINANCE- CONSTRUCTION
MANAGEMENT REGULATIONS ( Time: 30 Minutes)

ACTION REQUESTED OF COUNCIL: Approve the first reading of
Ordinance No. 12, Series of 2007, an Ordinance to be implemented into
Chapter 18 of the Town of Snowmass Village Municipal Code to Establish
Standards and Regulations for Construction Management
Jason Haber........................................................
Page 83 (TAB 1)
Item No. 14:

FIRST READING OF ORDINANCE NO. 13, SERIES OF 2007— FIRST
READING OF AN ORDINANCE - CONSTRUCTION MITIGATION FEE
Time: 30 Minutes):

ACTION REQUESTED OF COUNCIL: Approve the first reading of
Ordinance No. 13, Series of 2007, an Ordinance Amending Certain
Provisions of the Snowmass Village Municipal Code- establishing a
Construction Mitigation Fee

08- 20- 07 T. C.
Page 3 of 3
Jason Haber.....................................................

Item No. 15:

Page 109 ( TAB J)

COMPREHENSIVE PLAN UPDATE— Budget & Contract Approval
Time: 10 Minutes)

ACTION REQUESTION OF COUNCIL: Staff is requesting final budget
approval for a targeted update of the 1998 Comprehensive Plan and
direction for the Town Manager to execute a contract with Winston

Associates.

Russ Forest.....................................................

Item No. 16:

Page 125 ( TAB K)

EXECUTIVE SESSION:

Town Council will now meet in Executive Session pursuant to C. R. S. 246- 402(4) and Snowmass Village Municipal Code Section 2-45(c), to

specifically discuss two items:
a) Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing
negotiators, pursuant to C. R. S. 24-6- 402( 4)( e) and Snowmass
Village Municipal Code Section 2- 45( c)( 5);
b) Personnel matters except if the employee who is the subject of

the session has requested an open meeting.
Provided, there is an affirmative vote of two-thirds of the quorum present

at this meeting to hold an Executive Session and for the sole purpose of
considering items ( a) and ( b) above. Provided further, that no adoption of
any proposed policy, position, resolution, regulation, or formal action shall
occur at this Executive Session.

Item No. 17:

MANAGER' S REPORT

Page 148 ( TAB L)
Item No. 18:

COUNCIL COMMENTS/ COMMITTEE REPORTS/ CALENDARS
Page 150 ( TAB M )

Item No. 19: ADJOURNMENT
NOTE:

Total time estimated for meeting: approx 41/2 hours ( excluding
items 1- 3, and 17- 19)
ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE
WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE
TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY
AGENDA CHANGES.

PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER' S AFTER TONIGHT' S

MEETING. ( If the Meeting ends before 9:00 p.m.)

MEMORANDUM

TO:

Snowmass Village Town Council

FROM:

Jason Haber, Economic Resource Director

DATE:

August 20, 2007

SUBJECT:

CONSTRUCTION UPDATE

I.

PURPOSE AND ACTIONS REQUESTED OF COUNCIL

A. Receive Construction Update, including:

1.

Construction Coordinator' s Weekly Report ( attached)

2. Right of Way Impacts ( attached)
II. DISCUSION ITEMS

1.

General Construction Issues

2. Right of Way Impacts
III.NEXT STEPS

Staff will continue to provide a Construction Update at each Council Meeting.

CONSTRUCTION COORDINATION
WEEKLY REPORT # 22

Week Ending 08/ 11/ 07
Traffic Control

I am in contact with A- 1 Traffic Control daily. There were no problems with traffic control this
week. I did not receive any complaints regarding traffic control this week.

Construction Activity
Enqywa
Brush Creek Road/ Seven Star

Aspen Earthmoving continued working at the visitor center site this past week. The work
consisted grading the bike path, and entry lanes to red top elevation and then base course.
This work required a minimal amount of traffic control.

I did not receive complaints regarding this site this week.
Employee Housing
They continued installing shallow utilities in the upper section of the Alley.
I received a call from Russell Forrest Thursday evening at 6: 15 P. M. regarding a track hoe
running and a crew working after 6: 00 without prior approval. I called the project

superintendent and his supervisors. I left messages for all of them but I did not speak directly
to any of them. Russell had to go down and tell them to stop working.
AEM was under the impression that the Entryway contract in place last year approved
working hours to 7: 00 P. M. 1 explained that the Town CCIMP states 6: 00 P. M. as the latest
time work can be done without prior approval and it applies to all projects in the town.

Town Hall

Ongoing construction activity within project limits.
I did not receive any complaints regarding this site this week.
Upper Kearns Rd Utilities

Upper Kearns Rd remains closed until Sept. 15th for utility work.
Upper Kearns road will be temporarily opened for Labor Day weekend.

Aspen Earthmoving feels they are on schedule to open by Sept. 15"h.
I did not receive any complaints regarding this site this week.
Base Village

Lower Carriage Way:
Ongoing construction in this area this week

PCL' s schedule shows opening Lower Carriage Way to two lane traffic by Sept. 25`n
I received a call Thursday regarding a rental company truck that had Lower Carriage Way
traffic stopped fro over 13 minutes. The rental company was loading a piece of equipment
onto the truck in the middle of the driving lane. By the time I had got the project
superintendent to respond the truck was gone. I explained that in the future we would contact
the police I" and the project superintendent 2nd

Wood Road:

The detour will remain in place until August 15`h.
h.
PCL and Weitz are on schedule to open lower Wood road by Aug 15`

Brush Creek Bridge:

I visit the site regularly. I did not receive any complaints regarding the site this week.

Shaw' s updated construction schedule shows opening the new bridge to two way traffic on
Aug. 30th.
Brush Creek Stream Restoration

Construction on this project is ongoing this week. They have completed the restoration
at the upper limits of the project. They are now clearing and grubbing the lower section of the
project from the new bridge down to the location of the new PRV structure. They have started
some of the structures in the lower section this week.

ERC' s schedule shows the stream restoration complete by Sept. 25th.
I did not receive any complaints regarding this project this week.
Crestwood

The work at the Crestwood' s is on site and not affecting ROW.
I did not receive any complaints regarding this site this week.
Woodrun Place

I drove Wood Road past the site every day. Hauling material off the site has been minimal.
I did not receive any complaints regarding this site.
Sinclar Meadows

Construction at this project is ongoing.
The detour to the Fox Run Trail will stay in place for approx. 2 weeks

I did not receive any complaints regarding this site this week.
Residential:
No complaints received this week.

CONSTRUCTION COORDINATION

Right of Way IMPACTS
August 19`h— Sept. 1st
Entryway

Brush Creek Road Below the Entryway Roundabout:
Work is ongoing on site. No Right Of Way impacts are anticipated.
Rodeo Place Homes

Expect on- site construction activity. No road impacts are anticipated.
Upper Kearns Utilities

Upper Kearns Road will be closed for utility installations through mid- September. Upper Kearns will

be opened temporarily the night of August 30`h and remain open until Sept. 4`h. The only access in and
out of the Snowmass Center will be from the Lower Kearns Road Entrance during this time. Expect
ongoing construction activity within project limits.
Base Village and Brush Creek Bridize Proiects
Upper Wood Road at the ski trail bridge:

No Right of way impacts in this area until after Labor Day.
Lower Wood Road between the Bridges

Potential one- lane closures between the bridges August 23`d — 25`h and August 2T°.
Brush Creek Road ( Below Wood Road, in front of the Service Station):

Potential one- lane closures between the hours of 9: 00 A.M. to 3: 00 P.M. August 22nd— Aug 25",

however, two- way traffic will be maintained whenever possible. The work consists of a waterline tie in
at Brush Creek Road by the Conoco, and then re- pave the road cut Thursday or Friday A.M.

Lower Carriage Way

Lower Carriage Way remains open to one- way downhill traffic until Sept 25" i, and then it will be
opened to two- way traffic.

Sinclair Meadows— Employee Housing

Work on Sinclair Meadows is ongoing. The Fox Run Trail will re-open August 29' h.
Crestwood

Occasional deliveries of supplies and equipment are ongoing. No road impacts are anticipated.
Woodrun Place

Occasional deliveries of supplies and equipment are ongoing. No road impacts are anticipated.

MEMORANDUM

TO:

Snowmass Village Town Council

FROM:

Planning Department

DATE:

August 20, 2007

SUBJECT:

(

AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES
GREATER THAN THIRTY PERCENT ( 309/6) WITHIN LOT 28, PARCEL
G- THE PINES, EAST VILLAGE PUD) Pursuant to Section 16A- 4- 50,

Geologic hazard areas, steep slopes and ridgeline protection areas, Town
of Snowmass Village Municipal Code (" Municipal Code"), Applicant is

seeking approval to construct a single-family residence on slopes greater
than thirty percent ( 30%) within the platted building envelope of Lot 28,
Parcel G- The Pines, East Village Planned Unit Development.
Applicant/Owner:

Sanford Miller

Representative:

Anne Marie McPhee, Attorney

Planners:

Bob Nevins, Town of Snowmass Village

Chris Conrad, Planning Director

PREVIOUS DISCUSSION: At the August 6th Council meeting, Chris Conrad, Planning
Director, presented the Lot 28, The Pines proposal along with background information

concerning previous subdivision approvals and changes to the Municipal Code that
related to the issue of steep slopes. In attendance on behalf of Sanford Miller, Applicant/
owner were: Chuck Strasser, Business partner; Steve Connor, Attorney; and Craig
Burger, Engineer.

Town Council made comments and asked questions regarding the application: that it met
the Review Standards; that it was not feasible to avoid 30% slope; that based on the

geologist report the proposed development may increase slope stability; that the owner
did not conduct a thorough due- diligence investigation prior to purchasing the property;
and what is the appropriate degree of slope at which to prohibit development- is it 30% or

some other percentage; and would it be considered a " taking" if the request to construct a
home on this site were denied?

After discussion, Council adopted first reading of the Ordinance 4 in favor and 1
opposed.

OWNER' S REPRESENTATIVES AND RESPONSE: Applicant/owner, Sanford
Miller, has authorized Anne Marie McPhee of Oates, Knezevich, Gardenswartz & Kelly,

P. C., to be his representative at this meeting. Attorney Stephen R. Connor has submitted
a supplemental letter on behalf of the owner and it is included as Attachment 1.
I.

PURPOSE AND ACTIONS REQUESTED OF COUNCIL

Since steep slopes are prone to erosion and soil instability, are difficult to
revegetate and may also be subject to geologic hazards, Municipal Code Section
16A-4- 50 ensures that development does not occur on slopes that are excessively

steep, unstable or hazardous. The current Municipal Code prohibits development
on slopes greater than thirty percent ( 30%), except in certain circumstances.

Development may be allowed on lots and within approved building envelopes
containing areas of slopes greater than thirty percent( 30%) if the lot was
subdivided prior to January 1, 1987 or other circumstances.
Lot 28, The Pines was platted October 15, 1994 and the building envelope
contains slopes thirty percent( 30%) or greater. Pursuant to Municipal Code

Section 16A-4- 50(d)( 4) Other circumstances, Town Council may authorize
development on slopes greater than thirty percent ( 30%) for this type of situation.
Applicant, owner of Lot 28, The Pines, is seeking authorization from Town
Council to construct a single-family house within the existing, platted building
envelope on slopes thirty percent( 30%) or greater.

Town Council shall approve, approve with conditions or deny second
reading of the Ordinance.
Note: Action requires three- quarters ( 3/ 4) of the members of the Town

Council present and voting to approve the Ordinance. There are no public
notice requirements for this type of application.
II.

SUMMARY OF PROJECT DESCRIPTION

The undeveloped single- family lot contains approximately 37, 766 square feet
0. 867 acres) within the MU/PUD Mixed Used Planned Unit Development zone
district. The allowable FAR is 5, 500 square feet and the maximum height for

principal buildings is twenty-eight( 28) feet. The lot is bounded on three( 3) sides
by Mountain Crest Lane.
Applicant is requesting approval to construct a new, single-family residence
within the existing, platted building envelope ( see Attachment 1- Land Use
Application). The approved envelope contains slopes thirty percent( 30%) or
greater. The steep slopes are located within the central portion of the site so it is
not practical to entirely relocate or reconfigure the building envelope onto gentler
slopes. Natural slopes on the site are between fifteen and fifty percent ( 15- 50%).
III.

BACKGROUND

The East Village Planned Unit Development was platted in 1994 and includes The

Pines and Two Creeks Subdivisions. The Pines contains fifty-one ( 51) singlefamily homesites ranging in size from 0.472 to 15. 772 acres. All lots have a

designated Major Structure Location Envelope (building envelope) within which
all site improvements are to be located. The Site Characteristics Plan for the East

Village PUD identified those areas having thirty percent ( 30%) or greater slopes;
Lot 28 was shown as having no steep slopes ( see Attachment 2).
Town Council has approved other recent requests to develop on slopes greater
than thirty percent( 30%) within previously approved building envelopes on lots
subdivided after January 1, 1987. These approvals include: Lot 34, The Pines
TC Ordinance No. 14, Series of 2003) and Lot 36, The Pines ( TC Ordinance No.
14, Series of 2005).

IV.

APPLICABLE REGULATIONS
Municipal Code Section 16A- 4- 50( d)( 4) Other circumstances states " The Town
Council may authorize development on slopes greater than thirty percent ( 30%) in
circumstances not listed above if at least three- quarters ( 3/4) of the members of the

Town Council present and voting approve an ordinance finding that:
a.

The development is unable to avoid the steep slopes, and the reasons
therefore; and

b. On the basis of competent engineering or geologic reports and data and
testimony received, the design and/ or construction techniques that will be
incorporated within the development will satisfactorily mitigate the risk of

potential harm to the public health, safety or welfare.

Additionally, Municipal Code Section 16A- 4- 50( d)( 5)

Engineer' s opinion

requires " For the Town to allow development under any of the above circumstances,

the

applicant

shall

provide

an

opinion

from

a

professional

geotechnical engineer licensed in the State stating that:
a. The slope is not prone to instability or failure; or

b. The proposed development will not cause greater slope instability or
increase the potential for slope failure, and that therefore, there will be no

significant risk that damage to adjacent property will result from the
proposed construction."

A Slope Stability Assessment by Craig A. Burger, P.E. of CTL Thompson, Inc. is
attached as Exhibit A. The proposed Site/Grading Plan and Section are included
as Exhibit B.
V.

DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS

A. Is it feasible to develop a single-family home within the platted building
envelope; have the development and environmental impacts been sufficiently

addressed so that slope instability and safety hazards are minimized?
i. Option 1- Utilize existing platted building envelope.
Pros: Based on the site geologic conditions, construction of the
proposed residence is feasible with minimal risks; the proposed

building " steps" down the hillside to minimize cuts/ fills; and visual
impacts from Mountain Crest Lane are minimized.

Cons: Building area contains some areas having thirty percent
30%)

or greater slopes.

B. Is it practical to relocate or reconfigure the existing platted building envelope
to minimize development and environmental impacts without increasing
slope instability and safety hazards?

ii. Option 2- Relocate or reconfigure existing, platted building envelope.
Pros: May decrease the total area of thirty percent( 30%) slopes
within the revised building envelope.

Cons: A revised building envelope would still contain slopes
greater than thirty percent( 30%); the building would still be
required to " step" down the hillside to minimize cuts/ fills; visual
impacts to adjoining lots may be increased; and a replatting of the
building envelope would be required.
C. What if it is not possible to construct a single-family home within the platted

building envelope or elsewhere on the property on slopes less than 30%; and
what if the development and environmental impacts have not been sufficiently
addressed to minimize slope instability and safety hazards?
iii. Option 3- Reduce the allowable FAR of 5, 500 A within the existing or
relocated building envelope.
Pros: Minimize the impacts to 30% slopes by allowing a smaller
more compact residential footprint; minimize cuts/ fills by

requiring the home to " step" down the slope; and lessen the visual
impacts from Mountain Crest Lane.

Cons: A reduction in FAR may be viewed as a " taking"
appraised actual values for homes in The Pines is currently about
830/ sf); and building area may still contain some areas having
thirty percent( 30%) or greater slopes.
iv. Option 4- Deny the request to construct a home on the lot.

Pros: Retains the property in its current undeveloped state.

Cons: Not allowing a home to be built on a previously approved
lot may be viewed as a" taking" ( appraised actual values for
undeveloped lots in The Pines is currently about$ 2,750,000); the

property may still contain some areas of slope instability and may
pose a risk to adjacent properties.

VI.

STAFF RECOMMENDATIONS AND FINDINGS

For Town Council to authorize development on slopes thirty percent ( 30%) or
greater within a building envelope of a lot platted after January 1, 1987, an

Applicant must satisfy the standards set forth in Municipal Code Section 16A-450( d)( 4) as detailed in Section IV above.
Based on a review of the application, the proposed plans/ sections and engineer' s

letter, Staff makes the following findings:

a. The development is unable to avoid the steep slopes, and that is impractical
to relocate or reconfigure the building envelope to lessen the amount of area
with thirty percent( 30%) slopes or minimize the impacts; and

b. The development will satisfactorily mitigate the risk of potential harm to the
public health, safety or welfare based on the information and plans provided,

Therefore, Staff recommends:

Approval of second reading of the Ordinance by three-quarters ( 3/ 4) of the
members of the Town Council present and voting.
VII.

NEXT STEPS

If Option 1 passes- the Ordinance is approved and Applicant may apply for a
building permit.
If Option 2 passes- establish the required information that needs to be

submitted; amend the application; and table second reading of the Ordinance
to a date certain.

If Option 3 passes- deny second reading of the Ordinance; and establish the
appropriate value for the decreased development rights.

Attachments:

Attachment 1- Letter by Stephen R. Connor, August 14, 2007
Attachment 2- Land Use Application

Attachment 3- Site Characteristics Plan

Town Council Ordinance No. 14, Series of 2007

Exhibit A-Slope Stability Assessment Letter
Exhibit B- Site/Grading Plan and Building Section

ATTACHMENT 1
APPLICANT RESPONSE
LAW OFFICES OF

OATES, KNEZEVICH, GARDENSWARTZ Hv KELLY, P. C.
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611

TELEPHONE( 970) 920- 1700

LEONARD M. OATES

FACSIMILE( 970) 920- 1121

RICHARD A. KNEZEVICH
TED D. GARDENSWARTZ

DAVID S. KELLY
MARIA MORROW

sconnor(a) okglaw cam

OF COUNSEL:

Direct Telephone( 970) 925- 1275

JOHN T. KELLY

Direct Facsimile( 303) 265- 9076

STEPHEN R. CONNOR
ANNE MARIE McPHEE
STACY FEINBERG'

Licensad in CA. Not licensed
in CO.

August 14, 2007

John C. Dresser, Jr., Town Attorney

Via Email

Town of Snowmass Village

Post Office Box 5010

Snowmass Village, Colorado 81615
RE: Sanford Miller application under Section 16A-4- 50, Pines Lot 28
Dear John:

I am writing to supplement the information that I provided in my July 31, 2007 letter to Bob
Nevins, Assistant Town Planner. At the August 6, 2007 Town Council Meeting, the Town Council
approved Sanford Miller's request for approval to construct a detached single family dwelling on
Pines Lot 28 within the platted Major Structure Location Envelope within areas that exceeded 30%

slope. Discussions occurred at the Town Council Meeting between members of the Town Council
regarding the legitimacy of Mr. Miller's application and the appropriateness of approving it. On
the basis of these discussions, I feel that it is necessary to provide additional information to you
and the Town Council regarding the necessity to approve Mr. Miller's application.

A brief summary of the basis for Mr. Miller application and his compliance with the
applicable review standards contained in the Municipal Code is appropriate.

The pertinent

provisions of Section 16A-4- 50 are and the compliance there with by Mr. Miller are as follows:
4) Other circumstances. The Town Council may authorize
development on slopes greater than thirty percent ( 30%) in
circumstances not listed above if at least three- quarters ( 3/4) of the

members of the Town Council present and voting approve an
ordinance finding that:
a. The development is unable to avoid the steep slopes, and the
reasons therefor; and

John C. Dresser, Jr., Town Attorney
August 14, 2007

Page 2

Compliance: The use by right on is for a detached single family
dwelling unit with a 5500 square foot FAR. Due to the topographic
limitations within the Major Structure Location Envelope it is not
feasible to avoid 30% slopes to exercise the authorised use. The

topographic condition was not created by Mr. Miller or his consumer
predecessors in title.

The approval of Ordinance No. 6, Series of

1994 establishes the right to develop a detached single family
dwelling unit within the approved and platted Major Structure Location
Envelope.

b. On the basis of competent engineering or geologic reports and data
and testimony received, the design and/ or construction techniques
that will be incorporated within the development will satisfactorily
mitigate the risk of potential harm to the public health, safety or
welfare.

Compliance: The CTL Thompson report satisfies the requirements
of Section 16A-4- 50(d)( 5) and states that the construction of the

proposed detached single family dwelling with the incorporation of the
design recommendations will increase the factor of safety for the
slope, thereby satisfactorily mitigating the risk of potential harm to the
public health, safety and welfare.

5) Engineer's opinion. For the Town to allow development under any
of the above circumstances, the applicant shall provide an opinion

from a professional geotechnical engineer licensed in the State

stating that:

a. The slope is not prone to instability or failure; or
Compliance: The CTL Thompson report states that the "... the slope

is not prone to instability or failure ... ."
b. The proposed development will not cause greater slope instability
or increase the potential for slope failure, and that therefore, there will

be no significant risk that damage to adjacent property will result from
the proposed construction.

Compliance: The CTL Thompson report states that"... the proposed

development will not cause greater slope instability or increase the
potential for slope failure, and that therefore, there will be no

John C. Dresser, Jr., Town Attorney
August 14, 2007
Page 3

significant risk that damage to adjacent property will result from the
proposed construction ..." In addition, the author of the report, Craig
A. Burger, P. E., stated at the July 9th Town Council meeting that it was
his opinion that the slope conditions would actually be made more
stable due to the construction of the detached single family dwelling
as proposed by Mr. Miller than in their current natural condition due
to the removal of the weight of existing soil and lessening the stress
on the Town road side retaining wall.
All review criteria for approval of Mr. Miller's application by Ordinance No. 14, Series of 2007 has
unquestionably been met and effectively exceeded by the testimony Craig Burger in which he
states that slope stability will actually be increased by the construction of Mr. Miller's proposed
detached single family dwelling.
The review criteria contained in the Municipal Code are very specific and do not require an
examination of whether Mr. Miller or his predecessor's in title knew of the existence of 30% slope

conditions within the platted building envelope or did or could have determined the 30% slopes
existed in the platted building envelope by a due diligence investigation prior to the purchase of
the lot. Unique circumstances involving Mr. Miller's lot exist as follows:
1.

the existence of a platted Major Structure Location Envelope; and

2. within a platted lot; and

3. vested zoning for a detached single family dwelling; and
4. Ordinance No. 6, Series of 1994 approving the lot, the Major Structure Location
Envelope and the zoning; and
5. no changed circumstance has occurred since the adoption of the Ordinance that would

warrant or authorize an amendment to Ordinance No. 6 regarding Lot 28.

In fairness, Mr. Miller's application must be approved by the Town Council on second reading.
The 5`h Amendment to Constitution of The United States, contained in the Bill of Rights,

expressly states that no private property may be taken for public use without just compensation.
This is a basic tenet of American democracy and applies most particularly to the situation at hand

regarding Mr. Miller's lot. There is no compelling public purpose that would authorize the Town
Council to deny Mr. Miller's application, especially due to his compliance with all applicable review

standards set forth in Section 16A-4- 50. A denial of Mr. Miller's application effectively is a
depravation of the use of his property that would give rise to a claim for compensation from the
Town as a taking. The law of regulatory depravation of property rights is well settled. When an

John C. Dresser, Jr., Town Attorney
August 14, 2007

Page 4

owner of real property has been deprived of all economically beneficially use of a property, the

property owner has suffered a taking within the meaning of the 5`h Amendment. This principle is
reenforced and reiterated in the leading United States Supreme Court case in area Lucas vs.
South Carolina Costal Council, 505 US 1003 ( 1992).

In Lucas the owner of a residential lot with the intention to build a single family home,
similar to those already existing on immediately adjacent lots, was denied a permit for
construction. The denial of the permit effectively sterilized the property, as would be the denial
of Mr. Miller's application. The United States Supreme Court found that Lucas had been called

upon to sacrifice all economically beneficial uses of the property and was left with an economically
sterile property that constituted a taking. When a taking occurs the government is obligated to
adequately and fairly compensate the land owner for the loss in a manner similar to that of
eminent domain.

A denial of Mr. Miller' s application will mean that his property has been taken and it will
be the obligation of the Town to compensate Mr. Miller for his loss. Mr. Miller is appreciative of

the action of the Town Council upon first reading and respectfully requests that the Town Council

understand the unique circumstances which relate to his property. An understanding of the
circumstances and Mr. Miller's compliance with the applicable Municipal Code review standards

unquestionably provides the basis for a super majority approval of Ordinance No. 14, Series of
2007 on second reading by the Town Council on August 20, 2007. As stated in the staff
memoranda to the Town Council, an approval of Mr. Miller' s application is recommended.

Very Truly Yours,
OATES, KNEZEVICH, GARDENSWARTZ&

By:
Stephen R. Connor

SRC/ maf

cc: Bob Nevins, Assistant Town Planner, via email

P.C.

ATTACHMENT 2
APPLICATION

TOWN OF SNOWMASS VILLAGE
VARIANCE

PLANNING COMMISSION
APPLICATION
A variance is a deviation from the standards of the snowmass village Municipal Code ( the " Code°) that is

necessitated by special circumstances or conditions ( such as exceptional topography, or the narrowness,
shallowness or shape of a particular piece of property), that would create practical difficulties for, or an

unusual hardship upon, the owners of the land if the provision of the Code were to be strictly enforced. Any
variance shall be the minimum adjustment necessary for the reasonable use of the land or structure.

GENERAL DATA REQUIREMENTS

Q(p Z( •D]
Name of owner. MR, SWFA9,0 M
Address:
fta6CH OF:L. *
Date:

Name of Applicant( if different than owner): '

CO

Address:

2118 Phone:

S96 Z

l%GpAAS E
Phone:
I

0564 fA
Legal Description: L-VT 20 —'
IM fll4eXp
Physical Address of Prope

8- 7035
1

5- 648co
Ml

:

EXISTING CONDMON INFORMATION

1 %$ IDCNTIAI.
Lot Area( sq.ft.): 16"I17forms2.
Allowable Floor Area Ratio per Zoning or PUD Plan:
Present Zoning:

Building Setbacks ft):

rj, S O Sl

Square Footage of All Areas Calculated as Floor Area by Code:

Existing Building Height( if applicable):
NSA
of Parking Spaces and Bedrooms( if applicable):

PROPOSAL DATA

Only fill in those that apply)

Proposed Building Setbacks:
Proposed Floor Area:

Sf 5&0 Sr—

Proposed Building Height: 28 VT

MAX, HT

Proposed# of Parking Spaces: Q SPA
Other.

PAGE 1
VARIANCE

B

OF

IGS

VI(.I.A4ft CD

PROVIDE A WRITTEN DESCRIPTION OF YOUR PROPOSED VARIANCE

APPRAmo ' W co1JSM=
A sINSM- FOmIPT
wE mrsap c6f wwC
R"ReNm mR !F41FOO SIP WITHIN AN PPfigbOg BUILDING
cNdMA%
mn AT LOT26- 11le PINC-S SUSCIV181040

PROVIDE THE FOLLOWING ADDITIONAL INFORMATION

Disclosure of Ownership. A certificate from a fifie insurance company or attorney licensed
in the State which shall set forth the names of all owners of property included in the

1.

application and shall include a list of all mortgages, judgments, liens, contracts, easements

or agreements of record that affect the property.

At the Town's option, the holders or

owners of such mortgages, judgments, liens, contracts, easements or agreements of record

may be required to consent to the application before it is acted upon by the Town.

Vicinity Map. An eight and one-half inch by eleven inch ( 8 1/ 2" x 11") vicinity map locating

2.

the subject parcel within the Town of Snowmass Village,
Other Maps. All other maps required for the application shall be prepared at a scale of one
inch equals one hundred feet( 1"=
100) or larger, on sheets no larger than thirty inches by

3.

forty-two inches( 30" x 42), with an unencumbered margin of one and one-half inches( 1. 5")
on the left hand side of the sheet and one-half inch ( 03")around the other three( 3) sides of

the sheet Sheets of twenty-four by thirty-six inches ( 24" x 36") are preferred. if it is
necessary to place information on more than one ( 1) sheet, an index shall be included on
the first sheet

Report-size versions of all maps, reduced to a sheet size of no greater than

eleven inches by seventeen inches( 11" x 1T'), shall also be submitted.
4.

Site Plan. A site plan of the subject property, showing existing improvements and proposed
development features that are relevant to the review of the proposed variance application.

5.

Base Fee. The application shall be accompanied by the applicable base fee from the Building

and Planning Departments fee schedule. The applicant shall reimburse the Town for such
amounts in excess of the base fee as determined by the Planning Director. The
reimbursement to the Town by the applicant shall be due and payable within fifteen( 15) days
of the date of billing.
6.

Other Information. The applicant shall submit such other written or graphic information as

is necessary to describe and evaluate the proposed variance, such as proposed building
elevations.

NO APPLICATION WILL BE PROCESSED UNTIL ALL REQUIRED INFORMATION IS PROVIDED.

REVIEW STANDARDS

An application for a variance shall comply with all of the fol owing standards:
1.

Special Circumstances Exist. There are special circumstances or conditions, such as

exceptional topography, or the narrowness, shallowness, or shape of the property, that are

peculiar to the land or building for which the variance is sought, and do not apply generally to land
or buildings in the neighborhood.

PAGE 2
VARIANCE

Not Result of Applicant. The special circumstances and conditions have not resulted from any

2.

act of the applicant.

Strict Application Causes Practical Difficulties. The special circumstances and conditions are

3.

such that the strict application of the provisions of this Development Code would result in practical

difficulties to an undue hardship upon the use of the land or building.

Necessary to Relieve Practical Difficulties. The granting of the variance is necessary to relieve

4.

the applicant of the practical difficulties and undue hardship in the use of the land or building and
is the minimum variance that could be granted to achieve said relief.

Not Adversely Affect Neighborhood. The granting of the variance will not change the character
or otherwise adversely affect the neighborhood surrounding the land where the variance is

5.

proposed, will not have a substantially adverse impact on the enjoyment of land abutting upon or
across the street from the property in question, will not impair an adequate supply of light or air to

adjacent property, will not increase the danger of fire or otherwise endanger public safety or the
public interest, and will not substantially diminish or impair property values within the
neighborhood.

Harmony with Development Code. The granting of the variance will be in harmony with the
purposes and intent of this Development Code, including the intent of the underlying zone district.

6.

No variance shall be approved that permits the construction or enlargement of any building or

decks and related structures for any use prohibited in the underlying zone district
Consistent with Comprehensive Plan. The granting of the variance will be consistent with the

7.

intent of the Comprehensive Plan.

HOW DOES YOUR APPLICATION COMPLY WITH THE REVIEW STANDARDS?

For your information: the Town Planner, Planning Commission or Town Council shall not grant a variance
from the provisions of the Code unless, based on the evidence presented, the proposal is found to be
consistent with all of the review standards of the Snowmass Village Municipal Code.)
1.

Special Circumstances:

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2.

Result of Ap licant:

Xt n14 -tWROS WERE Nor WSULTwr oP OWNW oR
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3.

Practical Difficulties:

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8

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V

4.

Relief from Difficulties:

PAGE 3
VARIANCE

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ML

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5.

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Impact on Neighborhood:

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6.

Harmony with Code:

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7.

Consistent wit h

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prehensive Plan,

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IN

RULES OF PROCEDURE

The following procedures shall apply to an application for a variance ( see attached figure: Variance
Application Procedures).
1,

Pre-Application Conference.

Attendance at a pre-application conference is optional prior to

submission of a variance application.

2,

Submission of Application. The applicant shall submit an application to the Planning Department

3,

Staff Review. Staff review of the application.

4,

Action By Planning Commission. A complete copy of the application shall be forwarded to the
Planning Commission, together with a copy of the staff review. Public notice that the Planning
Commission will consider the application shall be given by publication, posting and mailing notice.
The Planning Commission shall hold a public hearing to consider the application, which shall be
conducted pursuant to Section 5A60 ( B) of the Code. The Planning Commission shall consider all
relevant materials and testimony, shall consider the variance standards of the Code, and shall
approve, approve with conditions, or deny the application.

5.

Appeal, A decision by the Planning Commission on a variance application may be appealed,
pursuant to Section 5- 170 of the Code. The appeal shall be referred to the Town Council, which
shall consider the matter pursuant to Section 5- 170( D) of the Code.

MANNER AND TIMING OF PUBLIC NOTICE

Public notice is required and shall be given by publication of notice in the newspaper, mailing of notice to
property owners surrounding the subject property, and posting of notice on the property, as specified below.
PAGE 4

VARIANCE

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1

TOWN OF SNOWMASS VILLAGE
TOWN COUNCIL

1

2

3
4

ORDINANCE No. 14

5

SERIES OF 2007

6
7

AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER

8

THAN THIRTY PERCENT (300%) WITHIN

9

EAST VILLAGE PUD.

LOT 28, PARCEL G- THE PINES,

10
11

WHEREAS, Town Council Ordinance No. 6, Series of 1994 (" Ordinance

12

6"), granted approval for the East Village Planned Unit Development (" East Village

13

PUD") thereby authorizing the platting and sale of fifty- one (51) single- family

14

residential lots within Parcel G —The Pines; and

15
16
17

18

WHEREAS, a building permit application has been filed with the Town of
Building Department requesting approval to
construct a single- family residence within Lot 28, Parcel G- The Pines; and
Snowmass Village ( the ` Town")

19
20

WHEREAS, a review of the site plan and topographic information that was

21

submitted with the permit application, attached hereto as Exhibit "A", indicates that

22

the proposed residence, driveway and portions of the parking area are located

23

within areas containing slopes greater than thirty percent ( 30%); and

24

25

WHEREAS, Paragraph 6 of Section Two, Action, of Ordinance 6 approved

26

the construction of roads within the subdivision across slopes in excess of thirty

27

percent (30%) only as identified in the application; and

28
29
30

WHEREAS, said Ordinance did not address the probability that areas within
the platted lots may contain slopes greater than thirty percent (30%), Chapter 16

31

of the Town of Snowmass Village Municipal Code (" Municipal Code") in effect at

32

that time did permit driveways to cross thirty percent (30%) slopes, provided

33

approval was given by the Town Council; and

34
35

WHEREAS, Section 16A- 4- 50(d)( 4) of the current Municipal Code enables

36

the Town Council to authorize development on slopes greater than thirty percent

37

( 30%) in circumstances such as those presented by the site plan and topographic

38

information if at least three-quarters ( 3/a) of the members of the Town Council

39
40

present and voting approve an ordinance finding that: a) the development is unable

41

to avoid the steep slopes, and the reasons therefore; and b) on the basis of
competent engineering or geologic reports and data and testimony received, the

42

design and/ or construction techniques that will be incorporated within the

43

development will satisfactorily mitigate the risk of potential harm to the public
health, safety or welfare; and

44

45

TC Ord 07- 14

Page 2

WHEREAS, the Town Council has considered the Applicant's written

46

47
48
49
50
51

responses to Municipal Code Section 16A- 4- 50( a) from Thomas Epps Architect
( TEA), attached hereto as Exhibit " B" and Municipal Code Section 16A-4- 50( b)

regarding site/slope stability analysis from CTL Thompson, Incorporated, attached
hereto as Exhibit "C" and the recommendations of the Town Planning Staff; and

53

WHEREAS, the Town Council finds that the procedure and requirements
set forth in Section 16A- 4- 50(d)( 4) of the Municipal Code have been satisfied

54

concerning development on Lot 28, Parcel G- The Pines, within areas containing

55

slopes greater than thirty percent (30%) in that:

52

56
57

58
59
60
61
62

1.

The residential development, driveway and parking area are unable to
avoid the steep slopes for the reasons stated within Exhibit " B'; and

2. The design and construction techniques that will be incorporated within the

development will satisfactorily mitigate the risk of potential harm to the
public health, safety or welfare as stated within Exhibit " C"; and

63
64

WHEREAS, the Town Council further finds that the adoption of this

65

Ordinance is necessary for the immediate preservation of the public health, safety

66
67

and welfare.

68
69

NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town
of Snowmass Village, as follows:

70
71

72

1. Authorization. The Town Council, by an affirmative vote of at least threequarters (3/4) of its members present and voting, hereby authorize development

73

within Lot 28, Parcel G- The Pines, as shown on Exhibit "A", subject to the

74

Applicant submitting a soils report and specific engineered design proposal,

75
76
77

including an opinion from a professional geotechnical engineer licensed in the
State stating that: a. the slope is not prone to instability or failure; or b. that the
proposed development will not cause greater slope instability or increase the

78

potential for slope failure, and that therefore, there will be no significant risk that

79

damage to adjacent property will result from the proposed construction.

80
81
82

2. 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

84

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

85

are severable.

83

86
87

88

TC Ord 07- 14
Page 3

90

INTRODUCED, READ AND TABLED, by the Town Council of the Town of
Snowmass Village on July 9, 2007 upon a motion by Mayor Mercatoris, the

91

second of Council Member Wilkinson, and a vote of 5 in favor and 0 against.

89

92

93

READ, APPROVED AND ADOPTED, by the Town Council of the Town of

94

Snowmass Village on First Reading on August 6, 2007 upon a motion made by

95

Mayor Mercatoris, the second of Council Member Sparhawk, and a vote of 4 in

96

favor and 1 opposed. Council Member Lewis was the dissenting vote.

97

98

READ, APPROVED AND ADOPTED, by the Town Council of the Town of

99

Snowmass Village on Second Reading on August 20, 2007 upon a motion made
the second of Council Member
by Council Member

100
101

and a vote of_

in favor and _

opposed.

102
103
104

TOWN OF SNOWMASS VILLAGE

105
106
107

Douglas Mercatoris, Mayor

108

109
110
111

ATTEST:

112
113
114

115
116

Rhonda B. Coxon, Town Clerk

117

118
119

APPROVED AS TO FORM:

120
121
122

John C. Dresser, Jr„ Town Attorney

Exhibit " A"
TC Ordinance No.14, Series of 2007
Pagel of 2)

CTLITHOMPSOH

June 21, 2007

Benson Design & Building, Inc.
P. O. Box 6030
Snowmass Village, CO 81615
Attention:

Mr. Jim Benson .

Subject:

Slope Stability Assessment
Lot 28, The Pines
Snowmass Village, Colorado
Project No. GSO4889- 120

This letter addresses existing slopa stability conditions on Lot 28 of The
Pines and the effects of planned construction of the residence on slope stability

as required by the Town of Snowmass Village Code, Article IV, Division 1, Section
16A4-50 ( 5) a and b. We have reviewed site plans by Thomas Epps Architect

dated March 23, 2007) and developed building sections for the residence. We
previously conducted a soils and foundation investigation for the proposed
residence (CTL I T Project No. GSO4889- 120, dated November 29, 2006).

The residence will be a two-story structure benched into the natural slope
of the site. Maximum planned excavations into the natural slopes are about 13
feet below existing ground surface. A site retaining wall and the back foundation
wall will be designed to retain the hillside. If plans change significantly from
those described above, we should be contacted for review and additional
analysis, as needed.

Soils on Lot 28 of The Pines consist of sandy clay with shale fragments
above Mancos Shale bedrock. Some shale fragments are likely boulder-sized.

The sandy clay and shale fragments were weathered in- place from the Mancos
Shale or transported down slope by gravity. The bedding in the Mancos Shale
dips at about 15 degrees down to the north-northeast in the area.

The natural

slopes on the site are between 15 and 50 percent. An existing retaining wall about

8 feet high is below the building envelope on the lot. There are not indications of
seepage or shallow ground water on the hillside.

The site plan provided, sections developed, and information from our

exploratory borings indicate that the uphill building cuts will likely bottom in the
overburden

clay soil.

The dip angle of the bedrock below the clay is not

234 Center Drive I Glenwood Springs, Colorado 81601
Talanhnne: 970-945-2809 Fax: 970- 945-7411

AeEE

TC Ordinanc/ No. 14, Series of 2007
Page 2 of 2)

unfavorable for site development. In our opinion, the proposed residence on Lot

28, The Pines is feasible based on the geologic conditions.

A representative of

CTL I Thompson, Inc. should review the cut slope conditions at the time of

construction for additional slope stability information. Excavation retention will
likely be required to construct the residence. The uphill building walls and
retaining walls should be designed to retain the entire cut slope including height
to achieve positive slope away from the buildings for at least 5 feet. If design or
excavation conditions change from those described above we should
contacted to re- evaluate our recommendations presented in this letter.

be

Our slope stability analysis indicates the existing slope is at a factor of
safety against slope movement of about 1. 5. Removing soil weight from the slope
and construction of the residence will likely increase the factor of safety to about
2. 0. In our opinion, the slope is not prone to instability or failure and the proposed

development will not cause greater slope instability or increase the potential for
slope failure, and that therefore there will be no significant risk that damage to

adjacent property will result from the proposed construction. We did not evaluate

the construction or design of the existing retaining wall below the building
envelope.

The site plan indicates that the residence is located a sufficient

horizontal distance from the retaining wall. We have not evaluated stability of
slopes during excavation.
We appreciate the opportunity to work with you on this project. Please call
if you have questions,

Very Truly Yours
CTL I THOMPSON, INC.

v l

Craig A. Burger, R: E.
Project Manager
CAB: cd
5 copies sent)

BENSON DESIGN 8 BUILDING, INC.
LOT28, THE PINE

PROJECT NO. GSO4899- 120
S1GSO4899. 000U2013. L. ttm%S04989120 Li doc

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MEMORANDUM
TO:

Snowmass Village Town Council

FROM:

Snowmass Arts Advisory Board

DATE:

August 20, 2007

SUBJECT:

Snowmass Arts Advisory Board Project Update

I.

PURPOSE:

Update and inform Council on Arts Advisory Board projects proposed and
completed. A short informational PowerPoint on public art will also be presented.
II.

PROJECT UPDATE:
a.

Base Village " Pavers for Artwalk"-Lisa Vogele

b. Tom Blake Memorial Sculpture- Mary Beth Blake
c.
d.

Strategic Plan
Call to Artist Project

e. Rotary Grant for Fence Art
f.

Town Hall piece

g. 40th Anniversary Piece
III.

FINANCIAL REPORT- LINDA GERDENICH

IV.

COUNCIL QUESTION AND ANSWER SESSION

SAAB Accomplishments (8/03/07)

1.

Successful Paver sale —over 700 for $82,000 gross — (Nov 2007 —April 2007)

2. Juried selection of valley artist Gail Fredell for the Tom Blake piece ( no SAAB funds) — O
( ctDec 2006

3. Rotary Grant for Fence Art - $ 1000 —Aug 2006
4. 4 new Board Members —Lisa Vogele, Ellen Kucker, Joan Bemis, Jim Kehoe — Fall 2006
5.

Strategic Plan — Dec 2006

6.

Communication & Involvement with other CO Public Art communities —Jan 2007

In Progress

1.

Bus Stop Art

2.

Underpass Art

3.

Collaboration with Anderson Ranch

4.

Call to Artists for 2008 installation

5.

Town Hall piece

6. 40th Anniversary piece
7. Art Acquisition Guidelines

8. Tom Blake Installation Fall Reception
9.

Paver Winter Reception

10. Acquisition of a kinetic piece

11. Securing easement agreements along the Art Walk

MEMORANDUM

TO:

Snowmass Village Town Council

FROM:

Town Clerks Office

DATE:

August 20, 2007

SUBJECT:

RESOLUTION NO. 18, SERIES OF 2007 A RESOLUTION
APPOINTING A NEW MEMBER TO THE ARTS ADVISORY BOARD

I.

PURPOSE AND ACTIONS REQUESTED OF COUNCIL:

Approve, amend or deny the Resolution
II.

BACKGROUND

There are currently two vacancies on this Advisory Board and Jim Kehoe
has submitted an application. Please review the application and interview
the applicant.

III.

APPLICABLE REGULATIONS ( If it is a topic that relates to a regulation)
Section 8. 3 of the Home rule Charter

IV.

STAFF RECOMMENDATIONS AND FINDINGS

Please approve amend or deny the Resolution.
Staff recommends approval.
V.

NEXT STEPS

Appoint by Resolution

TOWN OF SNOWMASS VILLAGE
TOWN COUNCIL
RESOLUTION NO. 18

SERIES OF 2007

A RESOLUTION APPOINTING A MEMBER TO THE ARTS ADVISORY BOARD

WHEREAS, Section 8. 3 of the Home Rule Charter states that members of all

boards and commissions shall be appointed by the Town Council; and
WHEREAS, the terms of members on certain boards and commissions have

expired and resignations have been submitted; and

WHEREAS, vacancies have been publicly posted and published in accordance
with the terms and conditions of the Home Rule Charter; and

WHEREAS, the following citizens have submitted applications expressing a
desire to be appointed:

NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass
Village, Colorado:

That the following citizens are hereby appointed to serve as follows:
Section One:

Appointments and Terms

ARTS ADVISORY BOARD

Jim Kehoe

2yr term

Beginning 7- 23- 07

Ending 12- 31- 09
INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass
Village, Colorado, on the 23rd day of July 2007 with a motion made by Council Member
and seconded by Council Member
and by a vote of_ in favor
to_

opposed. .

TOWN OF SNOWMASS VILLAGE

DOUGLAS MERCATROIS, Mayor
ATTEST:

RHONDA B. COXON, Town Clerk

TOWN OF SNOWMASSVILLAGk

TOWN OF SNOWMASS VILLAGE

Application for Board/ Commission Position

VL' 3 0

Board of Appeals and Examiners

Liquor Licensing Autho t

Financial Advisory
Citizens Grant Review Board

Planning Commission
Arts Advisory Board

Marketing & Special Events Board

2ND Homeowners Board

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rn to: Yown Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615

p:ts aredtclerkfboards\app. b& c.03

Jim Kehoe
EMPLOYMENT

PO Box 12159

Aspen Colorado 81612

970. 319. 1229

Caudill Gustafson/ Z-Group Architects
Aspen, CO ( Sept. 2004- Present)
Design Director, Partner

Arcturis

St. Louis, MO ( May 2000— Sept. 2004)
Design Director for Architecture
De Stefano+ Partners

Chicago, IL ( Nov. 1999— May 2000)
Project Design, Project Management

TPH& Associates, Inc.

Salt Lake City, UT ( Jury 1997- Nov. 1999)
Project Design, Project Management

Jones Richards and Associates

Ogden, UT ( April 1996- July 1997)
Project Design, Project Management
EDUCATION

Washington University
St. Louis, MO ( December 1995)

Master of Architecture

Mackintosh School of Architecture

Glasgow, Scotland ( January- June 1994)
Two Semesters: Masters Studio and Urban Studies

University of Bridgeport
Bridgeport, CT ( May 1992)
Bachelor of Science, Interior Design, Cum Laude,
Monson Proctor Institute of Art

Utica, NY ( 1987- 1989)

Fine Arts: Sculpture, Panting, and Drawing
AWARDS

AIA Merit Award: Herbert Hoover Boys and Girls Club

Arctuds, St. Louis MO ( Aug. 2004)
Masonry Excellence Award: Edward Jones Data Center
Arctuds, St. Louis MO ( Nov. 2003)
Construction News Design Excellence Award: Edward Jones Data Center
Arcturis, St. Louis MO ( Sept 2002)

Bradley Award for Design Excellence: Huish Corporate Headquarters
TPH& Associates, Salt Lake City, UT ( Jan. 2000)

Fenton Town Planning Charrette- First Place
Fenton, MO ( March 1995)

Biber Contact Design Competition- First Place
New York, NY ( March 1991)
EXPERIENCE

Design Critic

School of Architecture, Washington University ( 2000- 2004)
School of Architecture, University of Utah ( 1997- 1999)
Lectures

Current trends in Spanish Architecture, St Louis, MO ( June 2003)

Travels in Scotland, Washington University ( 1994)
Architecture of Spain and Portugal, Washington University ( 1994)
Competitions

Salt Lake City Library Completion: Will Bruder I TPH Collaborative ( 1999)
Holy Trinity Monastery: Bob Bliss/ TPH Collaborative ( 1999)
Lambianoe Plaza Competition: Leon KrierI Lucero+ Day ( 1992)
Art

The People Project, Public Arts in St. Louis: Artist ( 2001)

Happening: inspired by Jim Dine's Car Crash, Washington University ( 1993)
Travel

Southern France and Northern Spain ( 2002)
Spain and Portugal ( 2001, 1998 and 1994)

Germany and Switzerland ( March, April 1994)
London and Paris ( 1992)

Travel Focus: Cities, Cultural Buildings, Art, and Significant Current Architecture.

Buildings by: Size, San, Coderch, Le Corbusier, Mirallies, Gaudi, Gehry( Bilbao),
Herzog and de Meuron, Bolles and Wilson. The Cistercian Abbey of Le Thoronet;
Landscape of Scottish Highlands; the Mountains and Villages of the Pyrenees.

Jim Kehoe

PO Box 12159

Aspen Colorado 81612

970. 319. 1229

SELECTED PROJECTS

s.

Snowmass Town Hall
Snowmass, CO( Completion Fall 2007)

24,000 square-foot Town Hall

NISC Corporate Headquarters
St. Louis, MO( Completed 2005)
135, 000 square-foot corporate headquarters

Herbert Hoover Boys and Girls Club
St. Louis, MO( Completed 2004)

30,000 square-foot Performing Arts Addition
AIA Merit Award

Edward Jones St. Louis Data Center

St. Louis, MO( Completed 2002)
80,000 square- foot Data Center

Construction News Design Excellence Award

P

Masonry Excellence Award

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Hulsh Corporate Headquarters

Salt Lake City, Utah( Completed 1999)
14, 000 square-foot Gass A office interior

y

Bradley Award for Design Excellence

fill-l"11111111111111111k

MEMORANDUM

TO:

Snowmass Village Town Council

FROM:

David Peckler, Transportation Director

DATE:

August 20, 2007

SUBJECT:

WINTER PARKING PROGRAM AND AGREEMENT FOR 2007/ 08

I.

PURPOSE AND ACTIONS REQUESTED OF COUNCIL:

Staff requests Council' s direction on the proposed parking agreement ( see
attached —Agreement on Winter Parking Plan) for next winter. This agreement
covers:

The goals of the parking agreement relative to the Comprehensive Plan
and Ordinance # 9 of 1994 (the approval of the ski area expansion onto
Burnt Mountain);

The distribution of parking within the community and the cap on day use
parking of 2, 250 spaces,
Descriptions of the various permits that allow access to public parking
spaces and their respective prices,

The regulation of the permit type( s) allowed in a specific parking lot,
The designation of the management and maintenance responsibilities of

the Town and the Aspen Skiing Company (ASC) in the operation of the
parking system.
II.

BACKGROUND:

The Transportation and Police departments met with the ASC staff to review the

parking program for next winter. The following issues were discussed and the
recommendations were agreed to:

1.

The number of parking spaces identified in the agreement will remain
about the same as last year until mid-January. In January, some of the
parking spaces in the Base Village parking structure may become
available for day use. These spaces will replace the temporary parking lot
in Lot C, below the Enclave. The number of parking spaces within the
town for this winter will be roughly 2, 165:
a.

Number Lots = 1, 000

b.

Two Creeks Lots = 400

c.
d.
e.

Divide Lot = 30
Base Village Lot = 150
Black Saddle Lot = 150

f.

Rodeo Lot = 325 ( With 25 Reserved for Recreation Center)

g. Rodeo Contestant Area = 80
h. ASC Maintenance Facility = 30.
2. Permit pricing and lot access: Staff is recommending that the permit
prices remain the same as last year. Regulation of what lots a permit type

is allowed to park in remains the same as last year. Pricing by permit type
and regulation of parking by permit type are identified on the second page
of the proposed agreement.

3. Charging for parking at the Rodeo lot: The consensus was that it is
premature to begin charging for parking in the Rodeo lot (see attached Memo Parking at Rodeo Grounds). Although the facility at the Rodeo lot
is vastly improved, the ability to create an effective park-&- ride program,
and other alternatives should be considered before instituting paid parking

here. There is concern about being able to provide additional services to
the Intercept lot for a park-&- ride program at this time. The
recommendations for this winter are:

a. Add capacity to the Rodeo lot by creating a connection to the
parking spaces in the Rodeo Contestant Area. This would provide
80- 100 additional parking spaces ( not counting the 25 for the
Recreation Center) at the Rodeo lot for big weekends.
b. Improve on ASC employees using the Black Saddle parking lot,
thereby creating more capacity for day visitors in the Rodeo lot on a
daily basis.
c. Work with Aspen Valley Ski Club (AVSC) to add bus service for
their program. Consider a park-&- ride program from the Intercept

lot specifically for their program or the big powder ski days. This
may prove difficult to add at a moments notice.

4. Staff also discussed the hours of enforcement of permit parking, and
considered extending the hours beyond noon. The focus is on the
availability of parking spaces in the Numbered lots in the afternoon. There
are concerns about the availability of staff expressed by all the partners.
Staff would like to continue enforcement until 12: 00 PM for this winter.

Observation of the parking during mid- day is warranted..
III.

APPLICABLE REGULATIONS:

The Town' s Municipal Code, Chapter 8, Article ll, Parking Regulations contains
outdated permit prices.

IV.

DISCUSION ITEMS / NEXT STEPS:

Council needs to establish the guidelines for the parking program for next winter
at this meeting. ( Production and delivery of the permit stock will take six weeks.)

Key decision points are:
A. Determine the amount and distribution of the parking for next winter.
B. Determine the permit prices for this winter.
C. Agree to the maintenance responsibilities defined in the agreement.

V.

NEXT STEPS / MAJOR MILESTONES:
NA

VI.

ACTION REQUESTED OF COUNCIL

Approve parking agreement as proposed.

TOWN OF SNOWMASS VILLAGE

AGREEMENT ON PARKING PLAN FOR WINTER 2007/ 2008

This agreement is entered into this 6th day of August 2007, by and between the Town of
Snowmass Village ( the " Town") and the Aspen Skiing Company( the " ASC").
RECITALS

The Town and the ASC have agreed to share and coordinate the management of parking
operations and facilities within Snowmass Village (the " Village") for the winter season of

2007/ 2008. The ASC owns the land of the parking areas known as lots " Base Village," " Two
Creeks," " ASC Maintenance Facility," and " Black Saddle Clubhouse." The Town owns the land
for the parking areas known as lots " Numbered," " Rodeo" and " E." Both the Town and ASC
agree to observe the parking and transit goals of: the Town' s Comprehensive Plan - Ordinance 7
of 1998 ( the " Comprehensive Plan"), and the conditions of Ordinance# 9 of 1994 (" Ordinance
9").

This parking plan is an effort by both organizations to observe these guidelines and
objectives for the betterment of the community as a whole. The Town and the ASC will

communicate during the ski season to monitor the traffic and parking activities resulting from
this plan.

NOW, THEREFORE, the parties hereto agree as follows:

1. This arrangement attempts to comply with the three parking/transit goals and directives of the

Comprehensive Plan and Ordinance 9. Agreement on the parking program elements that affect
these goals and directives are as follows:
u

The Town and the ASC agree to continue to monitor the traffic volume on Brush Creek

Road, Owl Creek Road and Highline Road. In the past, variations have occurred in the traffic
volumes on Brush Creek Road and Owl Creek Road. The variations were not considered
significant enough to change the relative " Level of Service" for those roadways as established in

the Comprehensive Plan. If the traffic volumes exceed the levels set in the Comprehensive Plan,

the Town and the ASC will meet to discuss possible changes to parking fees and parking
distribution to bring traffic volumes into acceptable limits.

o

The Town and the ASC have agreed to a limit of 2,250 public parking spaces managed by the

parties, as well as, the parking distribution in the Village. Both parties agree that the allocation of

parking numbers is general, and that the flexibility to shift parking spaces between locations is

beneficial. With the construction of Base Village, the number of public parking spaces in this
agreement will be 2, 165 spaces. The distribution of parking spaces in the Village for Winter
2007/ 08, will be: 1, 000 spaces in the Mall area (" Numbered lots"), 400 spaces in East Village

Two Creeks"), 30 spaces in Parking Lot E (' Divide lot"), 150 spaces in Base Village lots, 150
spaces at the Black Saddle Clubhouse, 325 spaces in the Rodeo lot of which 25 will be for the
Recreation Center, 80 spaces in the Rodeo Contestant area, and 30 spaces at the ASC

Maintenance Facility.

Parking permit types in this document will be referred to by their historical titles: Day Skier
whether a day, week, monthly, and/ or seasonal pass), Day Skier High Occupancy Vehicle (" Day
Skier HOW), Resident( including restricted resident permits), Guest, Employee ( including
restricted employee permits for the Upper Village lots 10 - 13), Gold Pass, Senior, Merchant, and

Disabled. Permit prices will be consistent with the Town' s Municipal Code. The variable pricing
of Day Skier permits will generally be between$ 5 and $ 15 ( up to $ 20 in the Municipal Code.)
The price for Day Skier parking permits will attempt to achieve a parking utilization rate of 85%
in the Base Village and Two Creeks lots ( as stated in Ordinance 9); so long as the traffic volumes
stay within the parameters set in the Comprehensive Plan. Day Skier HOV permits will be free to
vehicles with four or more occupants. A Resident 1 permit will be $ 55. A Resident 2 permit will
be $ 100. A Resident 3 permit will be $ 185. A Restricted Resident permit will be$ 35. A Guest

permit will be$ 25 for one week. A Gold Pass permit will be $ 450. A Senior permit will be $ 200.
An Employee permit will be $ 45. A Transferable Employee permit will be $ 80. A Restricted
Employee permit will be $ 35. An ASC Employee permit will be in the $ 15 to $ 30 range.

Merchant parking will be$ 650.00/ space with a maximum of five permits/ space. The parking
permits allowed in a specific lot are listed below by location:
LOCATION

PERNUTS ALLOWED

Numbered Lots 1- 3:

Employee, Employee Trans., Gold Pass, Guest, Resident 1- 3, and
Senior.

Numbered Lots 4- Lower 5:

Gold Pass, Guest, Resident 1- 3, and Senior.

Numbered Lot Upper 5:

Gold Pass, Guest, Resident 1- 3, Senior, and Time Restricted.

Numbered Lot 6:

Disabled, Taxi and Time Restricted.

Numbered Lot 7:

Disabled, Merchant and Time Restricted.

Numbered Lots 8- 9:

Gold Pass, Guest, Resident, and Senior.

Numbered Lots 10- 13:

Employee, Employee Trans., Restricted Employee, Gold Pass,
Guest, Resident 1- 3, Restricted Resident, Senior, and Merchant.

Base Village:
Divide Lot:

Day Skier, Day Skier HOV and Guest.
Day Skier, Day Skier HOV, Employee, Employee Trans., Gold
Pass, Guest, Resident 1- 3, Restricted Resident, and Senior.

Two Creeks Lots:

Day Skier, Day Skier HOV, Guest, or parking will be free if
management is unnecessary. " Equal Access" will be applied to all
day parking here.

Black Saddle Clubhouse:

ASC Employee.

ASC Maintenance Lot:

ASC Employee.

Rodeo Lot:

Free to all for the purpose of day parking for recreational purpose.

2. The hours of enforcement of the permit parking program will be from 7: 30 am to 12: 00 pm.
3. The ASC will be limited to 150 applications for the Town' s Employee permits to park in the
Numbered lots.

4. The Town will be responsible for the management, signing, leasing, and maintenance of the
parking lots in the West Village known as the Numbered lots, and the Divide lot.

5. The ASC will be responsible for the management, signing, leasing, and maintenance of the
Base Village, Black Saddle, Rodeo, and Two Creeks lots.

6. Any services provided by one organization to the other for the management, signing or
maintenance of the parking areas, such as sanding or plowing, will be compensated on a case by
case basis.

7. Each organization will retain the revenues derived from their respective permit sales.

8. The Town and the ASC agree to allow police enforcement in all lots under this general

management parking plan, compliant with the Snowmass Village Municipal Code, Chapter 8,
Article II, Parking Regulations.
9. The Town and the ASC agree to share the operational function of any information booth( s)
relative to parking management at the entrance to the community. The Town will be responsible

for management of vehicles with Snowmass Village parking permits and delivery vehicles, and
the ASC will be responsible for management of day visitors.

10. The ASC will advertise on Ski TV (Channel 16) and local radio to encourage day skiers to
utilize public transportation, and inform skiers of limited public parking in the Village during
peak periods.

11. Should it appear that the base parking lots will fill, the ASC will post information signs at

Highline Road, and at the intersection of Brush Creek Road with Highway 82 indicating which
lots are full. The ASC will also make this information available to the public via the radio and
public television.

12. Term. The term of this agreement shall be through and until April 30, 2008 or the closing of
the Winter 2007/ 2008 ski season at the Snowmass Ski Area, whichever occurs first.

13. Default and Dispute Resolution. In the event of any default in performance of any obligations
hereunder, within 15 days of any default, the non- defaulting party shall give the other written
notice of the default. After delivery of notice, the defaulting party shall then have fifteen days in
which to cure the default. If the default is not cured within such period, then the non-defaulting
party may terminate this agreement after such period. Both parties agree to use reasonable best

efforts to informally discuss and attempt to resolve any apparent event of default prior to delivery
of notice thereof.

The Town of Snowmass Village, Colorado

Date:

By:
Russell Forrest, Town Manager

ATTEST:

Aspen Skiing Company, Colorado
By:

Date:

Steve Sewell, General Manager Snowmass Ski Area

ATTEST:

TRANSPORTATION DEPARTMENT MEMO
To:

Russ Forrest, Town Manager

From:

David Peckler, Transportation Director

Date:

August 1, 2007

Re:

Parking at Rodeo Grounds

The average number of cars parking in the Rodeo lot this last winter was fairly consistent, 245 for
January through March. We projected the capacity of the Rodeo lot at 350 cars, given the lot' s
configuration and use of construction area. Last winter there were 16 days ( 11%)

when the parking

exceeded the capacity of 350 cars. This winter staff is looking to create a connection between the
Rodeo Lot proper and the contestant parking area on the east side of the arena. I estimated that 80
cars can fit into the contestant area. This would give us a capacity of 380 parking spaces ( not counting
the 25 for the Recreation Center.)

The Aspen Skiing Company has committed to applying additional effort to relocate their employees to
the Black Saddle parking lot to further reduce the number of ASC employees using the Rodeo lot. ASC
will be looking to improve their service to the Black Saddle parking lot to boost utilization. ASC will also
be talking to the Aspen Valley Ski Club( AVSC) about ways to reducing the impact for their program on
parking. If the parking garage for Base Village is available at some point this winter, than the pressure
for parking at the Rodeo lot will decline to some degree.
The group believes that it is important to provide a free park-& ride service. It has been difficult to

address the question of free bus service to the Intercept lot. Peak hour demand is taxing both the
Village Shuttle and RFTA services already. We are not confident that we can run additional service to
the Intercept lot on a continuous basis. During the peak, the free skier shuffles are at capacity by the
time they leave Aspen for Snowmass, so there isn't any residual capacity. This is also true of the
departures form the Mall. We need more time to resolve the transportation issues of a park-&- ride

program from the Intercept lot. We are looking at what is possible during the AVSC weekends.
REVIEW OF RODEO PARKING FROM WINTER 2002103 TO 2006/07:
WINTER

TOTAL DAYS

1997/98

DAYS> 300

DAYS> 350

149

21 -

14%

10-

7%

258

2002/03

137

17- 12%

7-

5%

209

2003/04

142

24-

17%

15-

11%

214

2004/05

137

29-

21%

16-

12%

230

2005/06

144

30-

21%

11 -

8%

233

2006/07

144

29-

20%

16-

11%

255

Page 1

MARCH AVERAGE

MEMORANDUM

TO:

Snowmass Village Town Council

FROM:

Marketing

DATE:

August 20, 2007

SUBJECT:

Marketing Brand Mark

STAFF:

Susan Hamley

PROPOSED NEW SNOWMASS VILLAGE (THE RESORT)
MARKETING BRAND MARK

COLLABORATIVE BRAND MARKETING PARTNERS
Town of Snowmass Village
Related WestPac

Aspen/ Snowmass Skiing Company

OBJECTIVES

Reexamine the Snowmass Village brand to identify and build a strong
identity that will provide differentiation and competitive advantage for the
future.

Recognize a unified brand identity is key to better coordination of marketing
efforts, which is key to competing more effectively and with larger, betterfunded marketing efforts. Partner collaboration delivers greater share of
voice in the marketplace to compete more effectively and efficiently in
national and international efforts.

Examine the Snowmass brand from multiple perspectives, considering both
seasons:

Overall Resort Brand Identity
Social/ FIT Guests

Group/ Meeting Guests
Real Estate Prospects

Community

Determine the common brand associations held by all stakeholders and
desired by various target audiences.

Understand the individual goals of partners with interest in a strong
future for Snowmass:

Town of Snowmass Village

Aspen/ Snowmass Skiing Company
o

Related WestPac
Other Developers

Local Businesses (Particularly Lodges)

Community
Align the strategies of Snowmass Village partners under a single

umbrella brand identity that:
o

Represents the future brand image of Snowmass in the minds of
all stakeholders;

o

Represents the interests of all partners;

o

Is cohesive in its usage; and

o

Allows each partner to maintain individuality towards
achievement of their unique, specific goals.

COMMITTEE GOAL: Adopt a common brand identifier/ mark for Snowmass
overall.

BRAND MARK DEVELOPMENT AGREEMENT

Simple is better. Strong lines and letters show up better than thin ones, and
clean, simple logos reduce and enlarge much better than complicated ones.
The " stylized aspen leaf" should be incorporated to maintain the

Aspen/ Snowmass brand synergies and further power of a dual resort push.

The brand mark should say " something is different, new, better, bolder" than

the Snowmass Village you already love.
Carry it through collateral, website, signage, et al.
Develop a style guide to make sure everyone uses it consistently, i. e. exact
colors, typefaces, and design specifications.

Think about how it will be used and disseminated - print, embroidery,
signage, and so on; test its clarity for different applications.

CONSIDERATIONS

This is a marketing brand mark for the resort, not a brand mark for the
community which is a town called Snowmass Village. Recognizing the
resort' s current inclusion of the community connection, considerations
include:

SNOWMASS COLORADO

SNOWMASS VILLAGE ( COLORADO)

Says something is new,

Doesn' t say something is new,

different, take a look at us now!

different, take a look at us now.

Evokes something larger,

Evokes the quaintness,

greater than a small Village.

friendliness of a small Village

hosting a big resort and mountain.

The majority of guests AND
locals say Snowmass now, not

Has a strong connection with the
community.

Snowmass Village; simple &

direct.

Is a zip code down the road;

Power in the mother website,

potential confusion with

www.snowmassvillage. com;

geography; road signage (some

www.snowmass.com is owned by

out of our control, i. e. Pitkin

ski. com ( less direct biz, more

County) is already confusing.

competitive leakage).

Always use ASPENC) SNOWMASS anchor in text.

In either case, COLORADO in a brand mark used outside the Valley conjures
up an image of a mountain town; without Colorado, there' s no sense of place
or purpose. Whether Snowmass or Snowmass Village, if the Board adopts

the new look with the diamond containing the stylized aspen leaf, replacing
the existing logo would require an expense to reprint permanent items - at
once or through time.

VALUE OF A STRONG SINGULAR BRAND

A brand is a set of strong associations people have with a product, place or
service. They exist in peoples' minds- not in the product, place or service.

These associations are expectations people have for our resort; they are a
reflection of our brand personality and attributes. They need to be carried
out in everything we all do for greatest success, from marketing to product
delivery to guest services and in the way all of us speak about Snowmass
every day.

COMMITTEE GOAL: Develop an Integrated plan that reviews and builds on
existing strategic work with consideration to immediate, two-year and long-term

product offering. Revisit target audience work against potentially different or
different mix and seasonal balance; competitive analysis with assumptions of

competitor future products as well; cap/ gap exercise to hone in on key

differentiators and identify missing antes and drivers. Collaborate on modifying
and disseminating messaging, particularly through the building stages.

BOARD DISCUSSION

Thoughts regarding proposed unified brand mark
Options:

Unite with our partners in pursuing a common core brand identity
strategy and start by adopting the unified brand mark for
everything we do;
Adopt the unified brand mark with Colorado under the line and
use it for national and regional purposes and replace Colorado in

same treatment with Village for local purposes;

Keep current logo for everything; or
Other

COMMITTEE GOAL: With a Board decision, next steps include detailing
marketing usage and various applications, engaging others as it relates to their

specific needs& uses, exploring addition of department/ organizational
designations as appropriate, development of a brand book, and timelines for

partner implementation - full-on or phased-in depending on existing
commitments. A presentation to Council to share Board decision is
recommended.

BOARD DECISION:

o

The Marketing, Special Events& Group Sales Board voted 7-0 in
favor of adopting the unified brand mark with Colorado under the
line and use it for national and regional purposes and replace

Colorado in same treatment with Village for local purposes.

MEMORANDUM

TO:

Snowmass Village Town Council

FROM:

Planning Department

DATE:

August 20, 2007

SUBJECT:

CONTINUATION OF PUBLIC HEARING — RESOLUTION NO. 20,
SERIES OF 2007 - SAM' S KNOB RESTAURANT:
CONSIDERATION OF A RESOLUTION APPROVING THE SPECIAL
REVIEW APPLICATION FOR THE SNOWMASS MOUNTAIN SAM' S
KNOB
REPLACEMENT
RESTAURANT
AND
OTHER
INTERIM
ANCILLARY FACILITIES ON SAM' S KNOB.

This particular item is a Special Review application pursuant to Section

16A-5-230, Special review, of the Town of Snowmass Village Land Use
and Development Code, to construct a replacement Sam' s Knob
restaurant, located on the summit of Sam' s Knob on Snowmass Mountain

reference metes and bounds

legal description of the property in

Ordinance No. 2, Series of 2005 [" Ordinance 2"], as needed).

I.

Applicant:

Aspen Skiing Company
Project Manager/ Planner: Chris Kiley
Company Planning Director: David Corbin

Planner:

Jim Wahlstrom, Senior Planner

PURPOSE AND ACTIONS REQUESTED OF COUNCIL:
Purpose:

The purpose of the meeting would be to review the attached

Resolution No. 20, Series of 2007 ( Resolution 20) to determine if it is consistent
with the previous review comments from Council on August 6, 2007 and the staff

and Planning Commission recommendations, if agreed by Council to be
incorporated as conditions in the resolution.
Actions

Requested of Council:

Approve, modify or deny the resolution.

Council has the option of deferring action on the resolution until the scheduling of
the second reading of the accompanying 30 percent ( 30%) slope impact
Ordinance No. 16, Series of 2007 ( Ordinance 16).
II.

SUMMARY OF DESCRIPTION OF PROJECT.

See Exhibit " A" of the attached Resolution 20.
III.

BACKGROUND

Reference the previous staff report of August 6, 2007, as needed.

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IV. APPLICABLE REGULATIONS

Municipal Code review criteria which regulate the review and approval of a

Special

Review application

include

Municipal

Code

Section

16A- 5- 230( e),

Review Standards, including reference to Article IV, Development Evaluation
Standards, of the Land Use and Development Code. Findings concerning these
Code criteria are addressed in the attached resolution.
V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS
Reference the previous staff report dated August 6, 2007, as needed.

VI. OTHER HEADINGS RELATED TO THE TOPICS

See attached Resolution 20, including Exhibit "A."
VII. SUMMARY OF STAFF RECOMMENDATIONS AND FINDINGS

Close the public hearing and then approve Resolution 20, as may be amended at
the meeting.
VIII. NEXT STEPS
Next Steps include:

If desired by Council, continue the public hearing to September 4, 2007 and
defer action upon the Resolution 20 until the scheduled the second reading of
the accompanying Ordinance 16 concerning the development on 30% slopes.

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I

TOWN OF SNOWMASS VILLAGE

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TOWN COUNCIL

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RESOLUTION No. 20

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SERIES OF 2007

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A RESOLUTION APPROVING THE SPECIAL REVIEW APPLICATION FOR THE
SNOWMASS MOUNTAIN SAM' S KNOB REPLACEMENT RESTAURANT AND OTHER
INTERIM ANCILLARY FACILITIES ON SAM' S KNOB.

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WHEREAS, the Aspen Skiing Company (" Applicant") submitted a Special Review

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application for the proposed Sam' s Knob replacement restaurant located on Snowmass

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Mountain as required pursuant to Ordinance No. 2, Series of 2005, on January 24, 2007; and

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WHEREAS, the Special Review application was deemed complete for referral

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purposes as of February 20, 2007, and the application was referred to applicable referral

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agencies on February 20, 2007; and

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WHEREAS, the Applicant submitted supplemental materials dated February 19, 2007

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( received February 20) and March 14, 2007 in response to Staff and Planning Commission

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comments, but also proposed interim ancillary facilities on Sam' s Knob; and

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WHEREAS, the Planning Commission reviewed the application, considered the
recommendations of Town Staff, and received public comment thereon at public meetings
held on March 7 and 21, 2007, and provided recommendations to Town Council via
Resolution No. 5, Series of 2007; and

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WHEREAS, an initial public hearing was scheduled before Town Council on April 16,

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2007 at which time the Applicant presented a request to extend the deadline for the

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completion of the restaurant, and the hearing was then subsequently continued to May 21,
2007 in efforts to process an accompanying Minor PUD Amendment application; and

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WHEREAS, the public hearing was continued to August 6, 2007, when the Applicant

presented revisions dated July 2007 to the Special Review application involving, a) reduction

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of back of house circulation space, b) elimination of the previously proposed caretaker unit,
which area is proposed for possible future expansion of the dining facilities for up to 75
additional seats, c) expansion of the deck area, and d) redesign of the snowcat screening

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wall; and

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WHEREAS, as more particularly described on attached Exhibit " A," the Special

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Review application as amended proposes approximately 8, 821 square foot quick-serve
restaurant building at a height of 35 feet, open to the general public, incorporating a 150- seat
indoor dining room of roughly 2,200 square feet, 50 outdoor seats on a deck of approximately

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850 square feet with a possible fire suppression tank underneath that encroach into an

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existing 30% slope area, an additional adjoining deck area of approximately 575 square feet
for up to an additional 36 seats for general public usage, an interior coffee bar of about 700
square feet with an additional seating area, public restrooms, vestibule entrances, and back of

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house services including a kitchen, shipping/ receiving dock and a mechanical/storage rooms

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comprising roughly 2, 215 square feet, a potential future indoor/outdoor seating expansion in

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the area where the two-bedroom caretaker unit was previously proposed in the original
application, all on a single- level with universal accessibility; and

TC Reso 07- 20

Page 2 of 9

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WHEREAS, the Special Review application was processed in accordance with Section

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16A- 5-230 of the Municipal Code.

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NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of

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Snowmass Village, as follows:

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Section One:

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1)

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Findings. The Town Council finds that:

The Applicant submitted the application for the Special Review in accordance with the
provisions of the Municipal Code.

2)

The application provided the" Minimum Contents" required pursuant to Sections 16A5-220 and 230, and included written and graphic materials in sufficient detail to deem
the application complete for initial review.

3)

Supplemental

information,

amendments

and

addendums

to

the

application,

acceptable for submission, have been supplied by the Applicant during the review

process for consideration mainly in response to Town Staff and Planning Commission

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comments and concerns, but also to identify interim temporary-type facilities for the

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Sam' s Knob area.

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4)

The amendments to the application presented to Town Council on August 6, 2007 are

allowed and do not require remand to the Planning Commission, and the application
was permitted to proceed for complete review by the Town Council.

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5)

All public hearing notification requirements, as specified within Section 16A-5- 60( b) of
the Municipal Code, have been satisfied.

6)

The Applicant has sufficiently and acceptably submitted the Special Review application

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pursuant to Condition# 11 in Ordinance No. 2, Series of 2005, and restated in the PUD

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Guide, the required installation of a replacement Sam' s Knob restaurant facility with a

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minimum of 125 indoor seats and an outdoor deck open to the general public.

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The United States Forest Service( USFS) has preliminarily consented to the design of
the proposed replacement restaurant building pursuant to a letter dated November 8,
2006 in the original application notebook and by separate correspondence dated July

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27, 2007 concerning the revisions to the application that are acceptable authorizations

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in order to conduct a complete review the application by the Town.

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7)

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Subject to addressing the recommendations in Section Three of this resolution, the
Special Review application, as more particularly described in attached Exhibit" A;' and
incorporated herein by reference, is consistent with Section 16A- 5-230, Special

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Review, of the Municipal Code, because:

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8)

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a)

The proposal is consistent with the " Recreation" designation on the Future Land

b)

The proposal is consistent with the " Recreation" zone district for Snowmass
Mountain approved via Ordinance No. 2, Series of 2006, (" Ordinance") as

Use Map of the Town of Snowmass Village Comprehensive Plan;

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TC Reso 07- 20

Page 3 of 9

restaurants or other shelter facilities are permitted or restricted by a PUD Guide or by

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Special Review. In accordance with the Ordinance and PUD Guide, "New shelters
or restaurant facilities or expansion thereof not identified on the current plan

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submission" ( e.g., amendment granted in 2005) require at minimum a Special

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Review application;

c)

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Pursuant to the PUD Guide in Ordinance No. 2, Series of 2005, there is a reference

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that the maximum amount of commercial space for the ski mountain is 120, 000

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8, 821 square feet, together with the other ancillary or commercial facilities on the ski

square feet. The Sam' s Knob replacement restaurant building of approximately

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d)

ill

mountain, continue to fall within the maximum square footage requirement;
The proposed use and its proposed location are compatible with the character of

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surrounding land uses in the area, and would not adversely affect the future

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development of the surrounding area.

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approximately 11, 500 square feet was two levels with roughly 260 indoor seats,
including 110 main dining seats, 90 children' s dining, 50 upstairs sit down seating,
and 10' Snowball' seating in the back room; The replacement restaurant is smaller

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The previous restaurant building of

in comparison with a one- level building incorporating 150 indoor seats;
e) Access to the site continues to be adequate for the proposed use utilizing existing

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mountain roads, public transportation, or other public or private transportation
services at the base of the mountain, and appropriate ski/ snowboard lifts, pedestrian
facilities/ trails are designed into the project and as part of the entire Snowmass

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Mountain that are made available to serve the building and ancillary facilities, and

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that such proposal would not compromise the previously approved locations of
mountain trails;

f)

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The design and operation of the proposed use satisfactorily minimizes by its design

and orientation any adverse impacts and would not create a nuisance, considering
such impacts as traffic congestion or traffic hazards, service delivery, parking and
loading, trash removal, odors, noise, glare and vibration. The Applicant has

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represented that" the only exterior lighting on the building will be down lights at the
building entrances and a service light at the loading dock area, or other exterior
lights as required by Code," and that shades would be provided for the windows if
the building is eventually used for evening events;
g) The proposed use acceptably minimizes environmental impacts and would not

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cause significant deterioration of water and air resources, wildlife habitat, scenic

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resources and other natural resources;

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h) There are adequate public facilities in the nearby vicinity and at the base of
Snowmass Mountain that would satisfactorily serve the proposed use; and

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i)

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The parking arrangements at the base of Snowmass Mountain are sufficient to
serve this facility.

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9)

Pursuant to Section 16A-4- 20 of the Municipal Code, wildlife issues were previously
addressed in the Final PUD and per the subsequent Environmental Assessment

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under the review authority of the USFS. Sam' s Knob is not located within a sensitive

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wildlife area pursuant to the Town' s Comprehensive Plan.

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10)

Pursuant to Section 16A-4- 30( e)( 1)( d) of the Municipal Code, the proposal does not

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directly impact the Brush Creek corridor and the proposed site for development is

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located outside of the Brush Creek impact zones.

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TC Reso 07-20
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11)

Pursuant to Section 16A-4- 50 of the Municipal Code, the site is not located in a
hazardous geologic area.

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12)

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Pursuant to Section 16A-4- 50 of the Municipal Code, the Applicant has represented

satisfactorily that the new replacement restaurant will not be visible at all from anywhere
along Brush Creek Road, Owl Creek Road or the Town' s community park, which the
Town Council accepts. This finding is made considering that the view angle is shallower
from the community park than from the northeasterly fall line of Sam' s Knob to the roof

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pitch of the restaurant building and that the alignment of the line of sight between Sam's
Knob and the Base Village area is generally the same as between Sam's Knob and the

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Town' s community park. As a result of this information, the Applicant has acceptably
represented that," the building will be set back over 150 feet from the southeastern edge
that is visible from these points, and from screening provided by the existing stands of

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30 to 35 foot tall coniferous trees located at the top of the Knob."

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13)

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Pursuant to Section 16A- 4-210 of the Municipal Code, the streets and related

improvements standards would not apply in this case.

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14)

Pursuant to Section 16A- 4- 220 of the Municipal Code, the proposed trails or
connections seem adequate and are not inconsistent with the Snowmass Mountain
Master Plan Amendment and Final PUD approved via Ordinance No. 2, Series of 2005.

15)

Pursuant to Section 16A- 4- 230 of the Municipal Code, water service would be provided

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by generally the same on- mountain service that currently supplied the previous
restaurant. Sewer service would be tied to the existing on- mountain sewer main

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connected to the Snowmass Water and Sanitation District treatment facilities.

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16)

Pursuant to Section 16A-4- 230 of the Municipal Code, solid waste from the ski

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mountain will be satisfactorily handled through the Divide vehicle maintenance facility

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below the mountain.

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17)

Pursuant to Section 16A- 4-240 of the Municipal Code, the Applicant acknowledged that

a fire sprinkler system would be installed in the replacement facility that would be served
by a possible fire suppression tank under the outdoor deck, a pump off the domestic
water line, or similar devices, together with the installation of a fully addressable alarm
system, which are acceptable. The Applicant acceptably acknowledged that the fire
suppression tank, if utilized, would need to be calculated for acceptable capacity in order
to capably serve the proposed fire sprinkler system.

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18)

Pursuant to Section 16A- 4-250 of the Municipal Code, and even though such plans are

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not a specific submittal requirement for a Special Review application, the application

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proposes re-grading into existing knolls or the elimination of portions thereof near the
north and south ends of the proposed restaurant building footprint, which is acceptable.

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19)

Pursuant to Section 16A- 4-270 of the Municipal Code, a subdivision plat for the
Snowmass Mountain was not in 2005 and still is not required, other than the previous

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boundary survey or legal description submitted for the rezoning to" Recreation" at the
time of Final PUD, primarily because the property is under separate ownership by the

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USFS.

TC Reso 07- 20
Page 5 of 9

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20)

Pursuant to Section 16A- 4- 300& 310 of the Municipal Code, the parking provisions in
the Code are not applicable for this project and adequate parking is or would be
acceptably provided at the base of the mountain.

21)

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Pursuant to Section 16A-4- 320 of the Municipal Code, conceptual landscape plans
were provided in the application, and even though such a plan is not a specific

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submittal requirement for a Special Review application, the Applicant is satisfactorily

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proposing to install plant material in the form of trees near or around the southern

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portion of the restaurant area. The previous proposed 10 trees in front of the screen

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wall for the snowcat are no longer needed to buffer the acceptably redesigned screen

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wall that removes the rusted steel shingles. The existing alpine environment in the

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immediate area also seems to provide additional, acceptable screening and buffering.

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22)

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Pursuant to Section 16A- 4- 320(c) and ( h) of the Municipal Code, the Applicant
submitted a Construction Management Plan ( CMP) for the Sam' s Knob area. That

CMP together with the previously approved CMP via Ordinance No. 2, Series of 2006,
referenced in the Final PUD, are sufficiently adequate for controlling the impacts from

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the construction on Sam' s Knob. The Applicant's request to extend the construction

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hours between 7:00 a. m. to past 6:00 p.m. to 7:00 p. m. is reasonable and acceptable
considering the significant separation distance of the site from existing residential
neighborhoods in the community. The Applicant also represented that no helicopter

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use is anticipated for this project at this time.

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23)

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Pursuant to Section 16A-4- 330 of the Municipal Code, the building is acceptably
designed to take maximum advantage of solar, and the shadow impacts from the facility
are nominal.

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24)

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Pursuant to Section 16A-4- 340 of the Municipal Code, the application adequately
addresses the criteria regarding site integration, scale and mass, building materials,
climate/ solar orientation and views. The building height is represented as being a
maximum of 35 feet from finished grade, which is acceptable. The building materials will
mainly incorporate cementitious panel and batten siding, non- reflective glass windows
with shades throughout the building, a stone veneer wainscot treatment on the front

fagade entry area, a rusted steel standing seam pitched roof, and stained concrete
exposed foundation walls for the building and deck, including a change to the screen
wall design for the snowcat/loading dock area incorporating a corrugated steel base and
cementitious plank siding or similar exterior finishes and colors approved by the USFS.
Such design treatments are consistent with the standards requiring, " buildings shall be
designed with natural materials and details that are indigenous to Colorado and that are

non- reflective." Further it states, "Materials should be predominantly authentic in their
appearance, with natural textures and weathering," which this application acceptably
demonstrates. In addition, ' The indigenous materials of the surrounding mountains
should be conveyed by integrating heavy timbers, natural siding materials and rock into
the building design;' which this application also acceptably implements.
25)

Pursuant to Section

16A- 4- 340( c)( 2) d

of the

Municipal Code,

the Applicant

represented that the majority of roof top mechanical units would be mounted to a
maximum height of six( 6) feet on a flat roof in the center of the building screened by

TC Reso 07-20

Page 6 of 9

the roof parapet feature, which is acceptable.

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26)

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Pursuant to Section 16A-4- 410 of the Municipal Code, the caretaker unit built with the

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previous restaurant prior to Town incorporation was not considered employee housing
mitigation. The employee housing requirements for the last Snowmass Mountain
Amendment were previously addressed via Ordinance No. 2, Series of 2005. The
replacement restaurant is smaller by comparison and generates a lesser number of

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employees, and therefore per the Code' s redevelopment credit formula, it generates no

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employee housing requirement. However, there remains a concern that the Applicant
should or be encouraged to provide employee housing for the workers at the restaurant,

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whether at this site or elsewhere.

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27)

Pursuant to Section 16A- 4-500& 510 of the Municipal Code, one non- illuminated sign
will be installed at the entrance to the restaurant that shall conform to the size limitations
of the Code, and is therefore acceptable.

28)

The Applicant has satisfactorily represented for the public record that there will be no
summer time or nighttime operations projected at the facility at this time, and that the
design of the facility does not preclude such uses if proposed in the future.

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Section Two: Action. Pursuant to the findings stated in Section One of this resolution, the
Town Council approves the Special Review application for the Sam' s Knob replacement

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restaurant and ancillary facilities shown in the Applicant's supplemental presentations and
application materials as more specifically described or illustrated in attached Exhibit " A,"

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subject to satisfactorily complying with or implementing the conditions in Section Three of this

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resolution.

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Section Three: Conditions of Approval. The approvals granted within Section Two above
shall be subject to the following conditions:

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1)

Even if no employee housing is required for the replacement restaurant due to the

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redevelopment credit applied to the old restaurant, the Applicant shall consider and is

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encouraged to construct the caretaker unit with the replacement restaurant or to

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provide a unit elsewhere within the Town; However, this condition is a directive, which

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shall not be enforceable or binding upon the Applicant prior to the issuance of a
building permit or certificate of occupancy.

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2)

Considering the constraints associated with a separate review process by a Federal
agency, the Town Council would prefer but not necessarily require that the west
elevation incorporate larger paned windows, versus the multi- paned windows, to take

advantage of the panoramic mountain back drop similar to the fenestration treatment
at the Sundeck restaurant on Aspen Mountain.
3)

The Applicant shall coordinate in anticipation of scheduled major events on the
mountain, such as bike races, that construction access or activities not preclude such

events, with the understanding that the construction of the replacement restaurant is
also a priority. Considering such schedules, pre-grading but not excavation of the
foundation of the restaurant site is permissible beginning fall 2007, subjectto reviewand
approval of a grading permit by the Town' s Chief Building Official.

TC Reso 07- 20
Page 7 of 9

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4)

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Despite the appropriateness of allowing construction activities to occur on the site from
7:00 a. m. to 7:00 p. m., there shall be no construction deliveries to the site after 6:00 p.m.

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5)

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In efforts to comply with the Colorado Division of Wildlife (CDOW) recommendations,
the Applicant shall comply with the following:

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a) If a helicopter is to be used during construction, the CDOW shall be consulted in

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advance for input;

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b) Dogs, firearms and archery equipment shall not be allowed to be brought on site by

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c)

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construction workers, working employees, or caretaker residents, as applicable;
All disturbed areas shall be re- vegetated with native plant species beneficial to

wildlife upon completion of the exterior shell of the building and deck area; and
d) Any outside trash/ garbage shall be kept in approved bear resistant containers
especially during construction as well as during the operation of the restaurant in
particular from spring to fall, as applicable, and all doors and windows on the facility
shall be closed and locked, and exterior doors installed with rounded door handle

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knobs.

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6)

During construction, the Applicant' s geotechnical engineer shall observe the

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excavations for cut slope stability and bearing conditions for building support for

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consistency with the recommendations in the HP Geotech letters dated October 10,
2005 and February 28, 2007.

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7)

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a) Installation of an embedded fence around the disturbed soils and especially in the
low receiving ends of the slopes;
b) After clearing and grading and prior to construction, the Applicant shall install
temporary sediment pits along the drainage swales in orderto collect sediments and
prevent them from spreading.

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For the temporary erosion control during the construction phase, the Applicant shall
employ the following Best Management Practices ( BMPs):

8)

For permanent post construction erosion control, the Applicant shall:

a)

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Immediately stabilize the surface around the disturbed area of the construction site
pursuant to the plantings and revegetation recommendations below; and

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b)

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Install geofabric liner and riprap at all concentrated discharges, including roof drain
daylight points.

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9)

In addition to the proposed planting plan indicating the installation of new trees, the

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Applicant shall revegetate to the extent feasible the disturbed surface portions of the

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Sam' s Knob site with native grasses immediately following construction of the exterior
shell of the building and/or after completion of the restaurant for the purposed of erosion

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control. Given the size and exposed nature of the site, the Applicant shall revegetate

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unestablished areas in subsequent years in attempts to fully complete revegetation of
the disturbed surface areas on Sam' s Knob by the 2011/ 12 ski season.

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10)

The proposed service light fixtures at the loading/ receiving area and at the front entrance
shall be downcast in addition to the light source being concealed from view angles

TC Reso 07- 20
Page 8 of 9

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downvalley. The Applicant shall provide manufacture specifications of the light fixtures
and sources to the Town' s Chief Building Official with the building construction plans to
determine compliance with the lighting ordinance.

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11)

If any of the roof top mechanical units, flues, vents or exhaust shafts happen to be
visible beyond the roof line or a parapet feature from the flat top of Sam's Knob, such
equipment shall be concealed with matching or similar building exterior or roof finishes,
or primed and painted to blend with the roofing color.

12)

The proposed advertising sign at the front entrance shall not be internally illuminated or
indirectly lit from the exterior.

13)

The additional or expanded deck area with supplemental seating and picnic tables for
separate accessibility by the general public from the outside of the restaurant building
for their usage, which is now proposed beyond the deck and seating area intended for

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the restaurant patrons and integrated into the proposed landscape plan for the area,

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shall be maintained accordingly by the Applicant including proper snow removal.

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14)

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The possible future expansion of indoor or outdoor dining for up to 75 seats shall be
subject to Administrative Special Review for review and approval bythe Town's Planning

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Director, provided the design, exterior finishes and color schemes match the main

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building and not exceed the height of the main building.

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15)

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The Applicant shall submit a separate Special Review application for intended

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permanent ski patrol facility on Sam' s Knob for administrative review and approval bythe
Town' s Planning Director prior to issuance of a building permit for such a facility,
provided the USFS consents to the application and that such facility is consistent with

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the design of the replacement Sam' s Knob restaurant.

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16)

The Applicant shall define the " limited number of special events;' as noted in the

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application to occur outside of the currently proposed winter operations only, by

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submitting separate Special Review or other appropriate applications for review and
approval by the Town in advance of conducting such events.

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Section Four: Severability. If any provision of this Resolution or application hereof to any
person or circumstance is held invalid, the invalidity shall not affect any other provision or
application of this Resolution which can be given effect without the invalid provision or
application, and, to this end, the provisions of this Resolution are severable.

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INTRODUCED, READ, AND APPROVED by the Town Council of the Town of
the second
Snowmass Village on August 20, 2007 upon a motion by Council Member
and
upon
a
vote
of_
in
favor
and
_
against.
of Planning Commission Member

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TOWN OF SNOWMASS VILLAGE

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Douglas Mercatoris, Mayor

TC Reso 07- 20
Page 9 of 9

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ATTEST:

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Rhonda B. Coxon, Town Clerk

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APPROVED AS TO FORM:

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John C. Dresser, Jr., Town Attorney

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Referenced Exhibits:

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facility.

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Exhibit" A"— Summary of Applicant's development figures, drawings and plans for the

SAM' S KNOB RESTAURANT

EXHIBIT " A"

SNOWMASS SKI AREA

TC Reso 07- 20

SNOWMASS VILLAGE, COLORADO 81654

Page 1 Of 10

Table One: Changes to Restaurant

Current Version( July 2007).

Total sq. ft.( from total

PC-Approved Version( March
200`1) .

8, 821 sq.ft.

9, 985 sq. ft.

4, 940 sq. ft.

4, 940 sq. ft.

2, 215 sq. ft.

3, 756 sq. ft.

32'

32'

35'

35'

150 seats

150 seats

50 seats

50 seats

36 seats

0

75 seats

0

no

900 sq. ft. 2 bedroom,

Fall w/ corrugated steel base and

winter use only
Large structural wall clad with

cementious plank siding

rusted metal shin les

Located under deck

Located under loading dock

qualifying FAR talcs
Front of house area
Back of house area

Building height at peak of entry
able

Maximum building height
bottom of screening fence
Seats— Indoor

Seats— Outdoor, full service

Seats— Outdoor, public picnic
lunches

Potential indoor/ outdoor
seating expansion

Caretaker unit

Snowcat screening wall
Fire suppression storage tank

Table Two: Employee Generation Analysis
Size

Previous Restaurant

Proposed Restaurant—

11, 500

7, 155

Cafeteria

Proposed Restaurant—
Sit Down

7, 155

Employees

Employee,
Generation Rate

. Generated

3. 59 employees

41. 29

per 1, 000 sq.ft.

employees

If operated as

3. 59 employees

25. 69

cafeteria

per 1, 000 sq.ft.

employees

If operated as

5. 16 employees

36. 91

sit-down

per 1, 000 sq.ft.

employees

Style

Cafeteria

size calculation for both bldgs includes all qualifying interior FAR space except for caretaker unit( previous restaurant)

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Page 9 of 10

Sam' s Knob Replacement Restaurant

July 13, 2007
Interior Spaces ( qualifying FAR):

East Vestibule entry
South Vestibule entry

64 sf

80 sf

Public Restrooms

Lobby
Main circulation hallway

736 sf
576 sf

=

600 sf

Indoor Dining ( 150 seats) =
Coff ee bar/ pastry w/ seats =

2184 sf

Kitchen & BOH

1858 sf

Wait Staff Station

Service/ Egress Passage

20 sf

=

I. T./ Soda Closet

700 sf

0 sf
48 sf

Caretaker Unit( 2 bdrm)

0 sf

Unheated Storage

289 sf

SUBTOTAL INTERIOR SPACE:

7155 sf

Exterior Spaces ( gualifyino FAR):
Outdoor Deck( Full service) =

856 sf

Public Picnic Lunch Deck

539 sf

=

Covered South Entry

84 sf

East Horizontal Roof

187 sf

1/ 2 credit for projection)

West roof overhang at unit =

0 sf

112 credit for projection)
SUBTOTAL EXTERIOR SPACE:

1666 sf

TOTAL QUALIFYING FAR:

8821 sf

Exempted areas and Service Spaces:
Covered Ramps/ Walk

230 sf

under 6' in width— SE side)

Loading Dock/ Receiving
Stairs to Receiving

=

323 sf

Mechanical/ Electrical Room=
TOTAL EXEMPTED SPACES:

373 sf

GROSS FLOOR AREA:

9773 sf

26 sf
952 sf

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Condits

MEMORANDUM

TO:

Snowmass Village Town Council

FROM:

Planning Department

DATE:

August 20, 2007

SUBJECT:

ORDINANCE NO. 16, SERIES OF 2007 - SAM' S KNOB RESTAURANT
DECK ON 30% SLOPES:
CONSIDERATION OF AN ORDINANCE APPROVING DEVELOPMENT
WITHIN AREAS CONTAINING THIRTY PERCENT ( 30%) SLOPES AT
THE SAM' S KNOB SUMMIT ON SNOWMASS MOUNTAIN.

This particular item is related to the accompanying Special Review
application pursuant to Section 16A- 5-230, Special review, of the Town of
Snowmass Village Land Use and Development Code, to construct a

replacement Sam' s Knob restaurant, including a deck encroachment onto
slopes,

30%

located on

the summit of Sam' s Knob on

Snowmass

Mountain ( reference metes and bounds legal description of the property
in Ordinance No. 2, Series of 2005 [" Ordinance 2"], as needed).
Applicant:

Aspen Skiing Company
Project Manager/ Planner: Chris Kiley
Company Planning Director: David Corbin

Planner:

I.

Jim Wahlstrom, Senior Planner

PURPOSE AND ACTIONS REQUESTED OF COUNCIL:
Purpose:

The purpose of the meeting would be to review the attached

Ordinance No. 16, Series of 2007 ( Ordinance 16) to determine if it is consistent
with the previous review comments from Council on August 6, 2007 and the staff

and Planning Commission recommendations, if agreed by Council to be
incorporated as conditions in the ordinance.

Actions Requested of Council: Approve, modify or deny the ordinance.
II. SUMMARY OF DESCRIPTION OF PROJECT.

See Exhibits "A' and " B" of the attached Ordinance 16.
III. BACKGROUND

Reference the previous staff report dated August 6, 2007, as needed.

I

IV. APPLICABLE REGULATIONS

Municipal Code Section 16A- 4- 50, Geologic hazard areas, steep slopes and
ridgeline protection, as part of Article IV, Development Evaluation Standards, of
the Land Use and Development Code. These Code criteria are addressed as
findings in the attached ordinance.

V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS
Reference the previous staff report August 6, 2007, as needed.

VI. OTHER HEADINGS RELATED TO THE TOPICS

See attached Ordinance 16, including Exhibits " A" and " B."
VII. SUMMARY OF STAFF RECOMMENDATIONS AND FINDINGS

Approve the first reading of Ordinance 16, as may be modified at the meeting.
VIII. NEXT STEPS
Next Steps include:

Schedule the second reading of Ordinance 16 for the September 4, 2007
meeting.

2

1

TOWN OF SNOWMASS VILLAGE

2
3
4
5
6
7
8
9
10
11
12
13

TOWN COUNCIL

14

ORDINANCE No. 16

SERIES OF 2007
AN

ORDINANCE

APPROVING

DEVELOPMENT

WITHIN

AREAS

CONTAINING

THIRTY PERCENT ( 30%) SLOPES AT THE SAM' S KNOB SUMMIT ON SNOWMASS

MOUNTAIN.

WHEREAS, the Aspen Skiing Company (" Applicant") submitted a Special Review
application for the proposed Sam' s Knob replacement restaurant located on Snowmass

Mountain as required pursuant to Ordinance No. 2, Series of 2005, on January 24, 2007;
and

15

16
17

18
19
20
21
22
23
24
25
26
27
28
29

30
31

WHEREAS, the Special Review application also proposed certain development,
such as a new deck area with a possible fire suppression tank underneath on 30 percent
( 30%) slope beside the summit of Sam' s Knob; and

WHEREAS, the Planning Commission reviewed the application, including the 30%
slope impacts, and considered the recommendations of Town Staff, and received public
comment thereon at public meetings held on March 7 and 21, 2007, and provided
recommendations to Town Council via Resolution No. 5, Series of 2007; and

WHEREAS, the Town Council was scheduled to consider the application, including
the

development

on

30%

slopes together with

another deck expansion and other

information at public hearings on April 16, May 21, August 6 and 20, 2007, to consider the
recommendations from Town Staff, the Planning Commission and to receive public
comment thereon; and

32

WHEREAS, as more particularly described or illustrated on attached Exhibit " A,"
the Special Review application included 50 outdoor seats on a deck of approximately 850

33

square feet with a possible fire suppression tank underneath that encroach into an

34

existing 30% slope area and an additional adjoining deck area of approximately 575
square feet for up to an additional 36 seats for general public usage; and

35
36
37
38
39
40
41
42
43
44
45

WHEREAS, Section 16A-4-50( d)( 4) of the current Municipal Code enables the

Town Council to authorize development on slopes greater than thirty percent ( 30%) in
circumstances such as those presented by the site plan and topographic information if at
least three-quarters ( 3/4) of the members of the Town Council present and voting approve an
ordinance finding that: a) the development is unable to avoid the steep slopes, and the
reasons therefore; and b) on the basis of competent engineering or geologic reports and
data and testimony received, the design and/ or construction techniques that will be
incorporated within the development will satisfactorily mitigate the risk of potential harm to
the public health, safety or welfare; and

46
47

48
49
50

WHEREAS, the Town Council has considered the Applicant' s written response to

Section 16A- 4- 50 and site/ slope stability analysis from Hepworth- Pawlak Geotechnical,
attached hereto as Exhibit `B" and the recommendations of the Town Staff.

TC Ord 07- 16
Page 2 of 3

51
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53
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56
57
58
59
60
61
62
63
64
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66
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69
70
71
72
73
74

75
76

NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of
Snowmass Village, as follows:
Section One: Findings. The Town Council finds that:
1)

The procedure and requirements set forth in Section 16A- 4- 50( d)( 4) of the Municipal

Code have been satisfied concerning development on Sam' s Knob within areas
containing slopes greater than thirty percent ( 30%) in that:
a)

The new deck areas with the possible fire suppression tank underneath is unable

to avoid the steep slopes due the constrained nature of the Sam' s Knob flattop and
the numerous activities occurring in the area and for other reasons stated within
Exhibit ' B°; and

b)

The design and construction techniques that will be incorporated within the

development will satisfactorily mitigate the risk of potential harm to the public
health, safety or welfare.
2) The Applicant has satisfactorily demonstrated by the submission of the letter dated

February 28, 2007 from HP Geotech in attached Exhibit " B" indicating that:
a) the slope is not prone to instability or failure; or

b) the proposed development will not cause greater slope instability or increase the
potential for slope failure, and that therefore, there will be no significant risk that

damage to adjacent property will result from the proposed construction.

3) The summit of Sam' s Knob and nearby vicinity on Snowmass Mountain has been
previously disturbed by the construction of a previously located restaurant, a
helicopter pad, lift terminals, temporary structures, and re-grading.

77

78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97

98

4) The Town Council further finds that the adoption of this Ordinance is necessary for the
immediate preservation of the public health, safety and welfare.

Section Two: Action and Authorization. The Town Council, by an affirmative vote of at
least three- quarters ( 3/a) of its members present and voting, hereby authorize development
on Sam's Knob impacting slopes greater than 30% as shown on Exhibit " A," subject to
addressing the conditions in Section Three of this ordinance.
Section Three:

Condition of Approval.

The approval granted within Section Two

above shall be subject to the following conditions:
During construction, the Applicant's geotechnical engineer shall observe the
excavations for cut slope stability and bearing conditions for building support for
consistency with the recommendations in the HP Geotech letters dated October 10,
2005 and February 28, 2007.

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.

TC Ord 07- 16
Page 3 of 3

99
100
101
102

READ, APPROVED AND ADOPTED by the Town Council of the Town of
Snowmass Village on First Reading on August 20, 2007 upon a motion by Council
Member
and _

the second of Council Member

and upon a vote of _

in favor

against.

103
104

READ, APPROVED AND ADOPTED by the Town Council of the Town of

105
106

Snowmass Village on Second Reading on September 4, 2007 upon a motion made by

107

_

Council Member
in favor and _

the second of Council Member

and upon a vote of

opposed.

108
109
110
111

TOWN OF SNOWMASS VILLAGE

112

Douglas Mercatoris, Mayor

113
114

115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132

ATTEST:

Rhonda B. Coxon, Town Clerk

APPROVED AS TO FORM:

John C. Dresser, Jr., Town Attorney
Referenced Exhibits:

Exhibit "N' —Plans of impacted deck area upon 30% slopes.
Exhibit " B" —

Applicant's justification including letters dated October 10, 2005 and
February 28, 2007 from HP Geotech.

EXHIBIT " A"
TC Ord 07-16
Page 1 of 3

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YC Ord 07- 96
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EXHIBIT " B"
Review Standards

TC Ord 07- 16
Page 1 of.5

Consistent with Comprehensive Plan.

The Sam' s Knob restaurant was previously reviewed and approved by the Town of
Snowmass Village as part of the 2004 Snowmass Ski Area Master Plan Amendment
Final PUD via TOSV Town Council Ordinance 2- 2005.

Comply with Standards ofDevelopment Code
1.

Zone District Standards.
The proposed restaurant is located within the Snowmass Mountain PUD and is an

allowed use subject to Special Review.
2.

Development Evaluation Standards

iv. Geologic Hazard Areas, Steep Slopes, and Ridgeline Protection
Geologic Hazard Areas. The proposed restaurant is located
on bedrock, as noted in the HP Geotech geotechnical

review letter dated October 10, 2005 and included as an
attachment to this application.

Steep Slopes. The proposed restaurant is located adjacent
to, but not on, slopes of 30% or greater with the exception

of the sout west corner of the deck
ge me_ to ec

on.

a proposed res a

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ee

sited on the west side of the Sam' s Knob ridge such that it
is not visible from Brush Creek Road, Owl Creek Road, the

Town Community Park or Snowmass Creek Road. The
sight line analysis from Design Workshop included as an
attachment to this application contains additional detail.

The building' s base will be located at 10,606' the existing
elevation of the top of Sam' s Knob, and the high point of
the gabled roof will be 33 feet high, at 10,638'. A set of
scaled elevation drawings is included with this application.

Additional elevation drawings showing and labeling the

vertical heights of the building from existing and finished
grades will be provided at the public hearings.
Additional ridgeline protection measures include: existing

trees surrounding the proposed building have been
preserved to the extent possible, exterior materials and

colors have been selected to blend with the surrounding
landscape, and non- reflective roof and glass materials have
been specified.

Exterior Lighting. The only exterior lighting is serviceoriented and will be down-directional and contained so as

to shield the emanation of any exterior light.

Sam' s Knob Restaurant Special Review Application

EXHEXHIBIT
IBIT 6611

o

TC Ord 07- 16
Page 2 of 5

Hayworth- Pawhh Geotechnical, Inc.

5020 County Road 154

Ph..

woo

Phone:

HEPWORTH- PAWLAK GEOTECHHICAL

Fax:

Colorado 81601

9700- 945- 7988

970- 945- 8454

Email: hpg. @hpgeotech. 00m

October 10, 2005

Aspen Skiing Company
Attn: Victor Gerdin

P. O. Box 1248

Aspen, Colorado 81612
Job No. 105 853
Subject:

Geotechnical Review of Exposed Ground Conditions, Proposed Sam' s Knob

Restaurant, Snowmass Ski Area, Pitkin County, Colorado.
Dear Mr. Gerdin:

As requested, a representative of Hepworth- Pawlak Geotechnical, Inc. observed the
excavation at the subject site on September 27, 2005 to evaluate the materials exposed for
foundation support. The findings of our observations and recommendations for the

foundation design are presented in this report. The services were performed in accordance

with our agreement for professional engineering services to Aspen Skiing Company, dated
September 23, 2005.

At the time of our visit to the site, the proposed foundation area was rough graded but had

not yet been cut to footing grade. The subsurface conditions were observed to a depth of
about 4 feet in an existing utility trench cut adjacent to the proposed building area. It is our
understanding that the excavation for the proposed Sam' s Knob Restaurant will be
completed in the spring of 2006. The materials exposed in the proposed building area

consisted of about 2'/ feet of broken granodiorite rock overlying relatively solid
granodiorite rock to a depth of about 4 feet. No free water was encountered in the adjacent

utility trench and the bedrock was slightly moist.
Considering the conditions exposed in the proposed building area and the nature of the
proposed construction, spread footings placed on the bedrock or compacted structural fill

and designed for an allowable bearing pressure of 4000 psf should be adequate for support
of the proposed restaurant. Footings should be a minimum width of 16 inches for

continuous walls and 2 feet for columns. Any topsoil, debris from the prior development
and loose disturbed rock in footing areas should be removed and the bearing level extended

down to the undisturbed natural bedrock. Voids created by removing rock blocks and the
irregular excavation surface can be backfilled with a relatively well graded granular
material, such as road base, compacted to at least 100% of standard Proctor density at a
moisture content near optimum. Exterior footings should be provided with adequate soil

cover above their bearing elevations for frost protection. Continuous foundation walls
should be reinforced top and bottom to span local anomalies such as by assuming an
unsupported length of at least 10 feet. Foundation walls acting as retaining structures should

Parker 303- 841- 7119 •

Colorado Springs 719- 633- 5562 -

Silvertlrorne 970- 468- 1989

Aspen Skiing Company
October 10, 2005

EXHIBIT 461391
TC Ord 07- 16
Page 3 of 5

Page 2

also be designed to resist a lateral earth pressure based on an equivalent fluid unit weight of
at least 50 pcf for on- site soil and imported granular material as backfill. A perimeter

foundation drain should be provided to prevent temporary buildup of hydrostatic pressure

behind the basement walls and prevent wetting of the lower level. Structural fill placed
within floor slab areas should consist of predominantly granular material compacted to at
least 95% of standard Proctor density at a moisture content near optimum. Backfill placed
around the structure should be compacted and the surface graded to prevent ponding within
at least 10 feet of the building.
The recommendations submitted in this letter are based on our observation of the materials

exposed within the building excavation and do not include subsurface exploration to
evaluate the subsurface conditions within the loaded depth of foundation influence. This

study is based on the assumption that soils beneath the footings have equal or better support
than those exposed. Variations in the subsurface conditions could increase the risk of

movement and change the recommendations contained in this letter. We should observe the
completed foundation excavation and evaluate structural fill construction for compaction at

the time of its placement. Our services do not include determining the presence, prevention

or possibility of mold or other biological contaminants ( MOBC) developing in the future. If
the client is concerned about MOBC, then a professional in this special field of practice
should be consulted.

If you have any questions or need further assistance, please call our office.
Sincerely,
HEPWORTH— PAWLAK GEOTCHNICAL, INC.

Arthur D. Buck

Engineering Geologist
Reviewed by:

Steven L. Pawlak, P. E.
ADB/ djb

cc: Ernemann Group Architects— Attn: Michael Ernemann

Job No. 105 853

cal

EXHIBIT 6LB99
YC Ord 07- 16
Page 4 of 5

FebruarA 28. 2007

Aspen Skiing Company
Attn: Chris Kiley
P. O. Box t248

Job No. 105 853

Aspen. Colorado 81612

Geotechnical Review of Proposcd Development in Slope Areas Steeper

Subject:

than 30%. Proposed Sam' s Knob Restaurant. Snowntass Ski Area_ Pitkin

Counly, Colorado
Dear Mr. Kiley:

As requested, we have reviewed the proposed building plan for the subject project

provided by Schmueser Gordon Meyer dated April 28, 2006 that includes a slope
steepness map, with respect to the Town' s regulations for construction on slopes in excess
of 30%. Our geotechnical review of exposed ground conditions at the project site

Hepworth- Pawlak Geotechnical. 2005) that included geologic conditions was used as a
basis for our current review.

Building in areas with slopes steeper than 30% is mainly proposed in the deck area, about
the southern quarter of the proposed development. Sam' s Knob. including the steep

slopes. consists of granodiorite, a very hard intrusive material that has been exposed by

natural erosion of the overlying Mancos Shale. Relatively shallow depth of oolhtvium
and fill materials from the site covers the formation rock in the steeper slope areas.

The steep hillsides within the proposed building areas do not contain landslides and the
quality of the foundation rock is generally favorable to the proposed grading construction.

Based on our review. the building plans are generally consistent with recommendations
presented in our previous report for the site development. In our opinion. the natural

slopes are not prone to instability or failure and the proposed grading and building

construction should not increase the potential for slope instability or increase the risk of

damage to adjacent property. When the grading plans have been developed, we should
conduct additional analvsis for design level recommendations. During construction we

should observe the excavations for cut slope stability and bearing conditions for building
support. If design plans change From those described, we should be contacted for

41

1 I.,

z( I

Ike

rth. mrc ` it' s' 4w

1 Uti1)

EXHIBIT " B"
TC Ord 07- 16
Page 5 of 5

Aspen Skiing Company
Februm- 28. 2007
Pace

additional analysis and re- evaluation of our recommendations.

li you have any questions or need further assistance. please call our office,
Sincerer.

I IFPWORTII - PAWLAK GEOTEU INIC' AL. INC,

L,

p

a

16222

Steven L. Pawlak, P.

SI.,P/ ksw

cc:

J

a

S/ON. a se°°
if Uf CO

Schmueser Gordon Meyer— Attn: Nick Kilbourn

Reference:

I lepworth- Pawlak Geotechnical, 2005, Geotechniccrl Review of Exposed Ground

Conditions. Proposed& wn' s Knob Restaurant, Snowmass Ski Area, Pirkin C' omtty,
C'olortulo, Dated October IQ 2005, Job No. 105 853..

MEMORANDUM
TO:

Snowmass Village Town Council

FROM:

Jason Haber, Economic Resource Director

DATE:

August 20, 2007

SUBJECT:

FIRST READING OF ORDINANCE NO. 18, SERIES OF 2007— ENGINE
IDLING REGULATIONS

1.

PURPOSE AND ACTIONS REQUESTED OF COUNCIL

I. To establish the regulatory tool needed to provide the Town with the ability to regulate, monitor,
and enforce provisions concerning excessive vehicle engine idling.

2. Approve the First Reading of Ordinance No. 18, Series of 2007, An Ordinance to be
Implemented into Chapter 8 of the Town Of Snowmass Village Municipal Code to Prohibit

Excessive Vehicle Engine Idling.
II. DISCUSION ITEMS

This Ordinance is being presented in response to Council' s April, 2, 2007 directive that staff develop a
regulatory tool that establishes a ten ( 10) minute limitation on vehicle engine idling. This provision was
recommended in order to limit construction- related, and other vehicular emissions.

III.NEXT STEPS

If Council approves the First Reading of Ordinance No. 18, the item will be placed on the
September 4, 2007 agenda for Second Reading.
The new Ordinance would become effective 15 days after Council' s approval at Second

Reading.

1
2

Town of Snowmass Village

3
4

Ordinance No. 18
Series of 2007

5
6

7
9

AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 8 OF THE TOWN
OF SNOWMASS VILLAGE MUNICIPAL CODE TO PROHIBIT EXCESSIVE

10

VEHICLE ENGINE IDLING.

8

11
12

WHEREAS, the Town of Snowmass Village has adopted the 2003 revision of the

13

Colorado Model Traffic Code, with local amendments, to regulate traffic within

14

the Town; and

15

16

17

WHEREAS, the Town Council finds that updating the 2003 revision of the
Colorado Model Traffic Code by adoption of this Ordinance is necessary for the

18

preservation of the public health, safety, and welfare; and

19
20

WHEREAS, the Town Council finds that regulations concerning excessive

21

vehicle engine idling emissions are necessary to ensure public health and safety,

22

and to lessen the impact of excessive vehicle emissions upon the Town and its

23

citaizens.

24

25
26

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF SNOWMASS VILLAGE, as follows:

27

28
29
30
31

Section One: Chapter 8 of the Snowmass Village Municipal Code shall be

amended by the addition of regulations for excessive vehicle engine idling,
specifically adding Section 1212 of the 2003 revision of the Colorado Model
Traffic Code and a corresponding Fine in Code Section 8- 53.

32
33

34

A.

Part 12 of the Colorado Model Traffic Code is hereby amended by
the addition of the following Section:

35
36

Sec. 1212.

37

38

a) Except as hereinafter provided, it shall be unlawful for any
person to idle or permit the idling of the motor of any stationary

39

motor vehicle for a prolonged or unreasonable period of time

Engine Idling.

40

determined herein to be in excess of ten ( 10) minutes within any

41

one ( 1) hour period of time.

42
43

b) This section shall not apply when an engine must be operated in

44

the idle mode for safety reasons including, but not limited to, the

45

operation of cranes and forklifts used in the construction

46

industry, for maintaining product integrity including, but not

1

47

limited to, the operation of cement trucks with rotating drums
and food trucks with refrigeration, or for emergency response

48
49

vehicles.

50

51

c) The time required by a diesel powered motor vehicle with a

52
53

gross weight rating of ten thousand ( 10, 000) pounds or more
while operating in a stationary position to achieve a temperature

54

of one hundred twenty ( 120) degrees Fahrenheit and an air

55

pressure of one hundred ( 100) pounds per square inch, shall

56

58

not be included in the computation of the ten ( 10) minutes
determined herein to be a prolonged or unreasonable period of
time. The temperature and air pressure as indicated on the

59

vehicle' s gauges may be used for determining the diesel

60

engine' s temperature and air pressure.

57

61
62

63

d) The time during which transportation vehicles are actively
loading or discharging passengers shall not be included in the

64

computation of the ten ( 10) minutes determined herein to be a

65

prolonged or unreasonable period of time. A transportation

66
67

vehicle shall be defined for purposes of this section to mean
motor vehicles designed to transport a minimum of sixteen ( 16)

68

persons.

69
70

B.

71

Part 12 of Section 8- 53 of the Snowmass Village Municipal Code is

hereby amended by the addition of the following:

72
73

MTC Sec.

74

Violation

Description

Fine

1212

Engine Idling

50

75

76
77

78

79

Section Three:

Effective Date.

80

This Ordinance shall become effective on

2007.

81

82

83

Section Four:

Severability.

If any provision of this Ordinance or application

84

hereof to any person or circumstance is held invalid, the invalidity shall not affect

85

any other provision or application of this Ordinance which can be given effect

86

without the invalid provision or application, and, to this end, the provisions of this

87

Ordinance are severable.

88
89

READ, APPROVED AND ADOPTED, by the Town Council of the Town of

90

Snowmass Village on the First Reading on August 20, 2007 upon a motion by

91

Council

Member

the

second

of

Council

2

92

Member

93

and

and

upon

a

vote

in

of

favor

opposed.

94

97

READ, APPROVED AND ADOPTED, by the Town Council of the town of
2007 upon a
Snowmass Village on Second Reading on
the second of Council
motion by Council Member

98

Member

99

and

95
96

and

upon

a

vote

of

in

favor

opposed.

100

101
102

TOWN OF SNOWMASS VILLAGE

103

104
105
106

107

108

Douglas Mercatoris, Mayor

109
110
111
112

ATTEST:

113
114

115
116

117

Rhonda Coxon, Town Clerk

118
119
120

APPROVED AS TO FORM:

121
122
123

124

125

John Dresser, Town Attorney

3

MEMORANDUM
TO:

Snowmass Village Town Council

FROM:

Jason Haber, Economic Resource Director

Mark Kittle, Chief Building Official
DATE:

August 20, 2007

SUBJECT:

FIRST READING OF ORDINANCE NO. 12, SERIES OF 2007—
CONSTRUCTION MANAGEMENT REGULATIONS

I.

PURPOSE AND ACTIONS REQUESTED OF COUNCIL

1.

To establish the regulatory tools needed to improve the Town' s ability to regulate, monitor, and
enforce provisions concerning construction management.

2. Approve the First Reading of Ordinance No. 12, Series of 2007, an Ordinance to be Implemented
into Chapter 18 of the Town Of Snowmass Village Municipal Code to Establish Standards and
Regulations for Construction Management.

II. DISCUSION ITEMS

This Ordinance is being presented in response to Council' s April, 2, 2007 directive that staff develop a
performance- based Construction Management

Ordinance that establishes a detailed set of code

regulations governing the preparation and implementation of project- specific Construction Management
Plans.

A similar Ordinance was presented to Council in December of 2006; however, staff was directed to

postpone

further consideration

of the

item until

other

aspects of the

Town- wide

Construction

Coordination and Impact Mitigation Plan had been resolved.

By adopting Ordinance No. 12, Council will establish code regulations that will enable the Town to
better regulate, monitor, and enforce construction management activities and provisions. The proposed

language is designed to provide specific performance- based measures for actively mitigating
construction impacts, and to ensure that construction sites and construction activities are regulated in a
safe, organized, and consistent manner.

III. NEXT STEPS

If Council approves the First Reading of Ordinance No. 12, the item will be placed on the
September 4, 2007 agenda for Second Reading.
The new Ordinance would become effective 15 days after Council' s approval at Second

Reading.

1

2

Town of Snowmass Village

3
4
5

Ordinance No. 12

6

Series of 2007

7

9

AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 18 OF
THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO

to

ESTABLISH

11

CONSTRUCTION MANAGEMENT.

8

STANDARDS

AND

REGULATIONS

FOR

12
13
14

WHEREAS, the Town of Snowmass Village has the authority to implement regulations
for new and existing construction within the limits of the Town, and

15
16

WHEREAS, on April 2, 2007, the Town Council accepted a set of impact tolerance

17

thresholds concerning the individual and cumulative impacts of land development and

18

construction activities throughout the Town, and

19
20

WHEREAS, said tolerance thresholds are defined in the Town' s Construction

21

Coordination and Impact Mitigation Plan as that plan may be amended from time to time,

22

and

23
24

WHEREAS, the Town Council finds it necessary to establish regulatory tools that

25

improve the Town' s ability to effectively control and limit the impacts of construction,

26

and to regulate, monitor, and enforce provisions concerning construction management,

27

and

28

29

WHEREAS, it is imperative that all construction and construction- related activities be

30

regulated to ensure public safety and to lessen the impacts thereof upon the Town and its

31

citizens, and

32

33

WHEREAS, a consistent set of rules and regulations should be adopted by the Town to

34

provide guidance for developers, builders, contractors and tradesmen to follow and

35

understand, and

36

37

WHEREAS, with definitive rules and regulations in place, it will be easier to effectively

38

and consistently monitor, regulate and enforce construction activities, and

39
40

41

WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for
the immediate preservation of the public health, safety and welfare.

1

42

43

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE

44

TOWN OF SNOWMASS VILLAGE, as follows:

45
46

Section One: Chapter 18 of the Snowmass Village Municipal Code shall

47

be amended by the addition of standards and regulations for Construction Management,
specifically adding Section 18- 3( d) and Section 18- 10.

48

49
50

51

A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by
the addition of the following:

52
53

Sec. 18- 3( d)

54

property line of greater than ninety ( 90) decibels at any time shall require prior written

55

authorization from the Town Manager or Chief Building Official.

Any construction-related activity that produces a decibel reading at the

56

57

Sec. 18- 10

Construction Management.

58
59
60

This section establishes standards and regulations governing the preparation, review,
implementation, monitoring and enforcement of project- specific Construction

61

Management Plans.

For Projects that have received Planned Unit Development

62

PUD) approvals, the provisions of such approval shall in no way be diminished by

63

the terms of this Section, and the more restrictive terms between the two shall apply.

64

65

18- 10. 1

Construction Management Plan Submittal Requirements

66
67

68

A Construction Management Plan shall be approved by the Chief Building
Official prior to issuance of a permit for any type of construction activity. In

69

addition to an approved Construction Management Plan, additional permits for

70

demolition, excavation, building, electrical, mechanical, plumbing, fire protection,
public works and land use approvals may be required prior to commencement of

71

72

construction activities.

73
74

The following documents shall be submitted to the Chief Building Official for

75

review and approval:

76
77

a)

Survey/Site Plan - A professionally prepared survey/ site plan shall

78

include the following information and any other items that may be deemed

79

necessary by the Town:

80
81

1. Property Lines

2. Limits of Disturbance

82

3. Easements

4. Right of Way Encroachments

83

5. Utilities

6. Location of Waste Disposal Bins

84

85

7. Worker Parking Areas
9. Material Storage & Staging

86

11. Erosion Control

8. Delivery Locations
10. Vehicle Wash & Tracking Pads
12. Site Fencing

87

13. Portable Toilets

14. Snow Storage Areas

2

88

16. Designated Wetlands

89

15. Retaining Walls
17. Building Envelope( s)

90

19. Foundation System Layout

20. Site Access & Traffic Management

18. Existing & Proposed Topography

91

92

b)

US Army Corps of Engineers Section 404 Permit (if required)

c)

Material Safety Data Sheets

d)

Snowmass/ Wildcat Fire Protection District Approval or Permit

e)

Stormwater and Sediment Control Plan

f)

State of Colorado Stormwater Construction Permit (if required)

g)

Noise Mitigation Plan ( if required)

h)

Waste Management Plan

i)

Tree Preservation Plan ( if required)

j)

Fugitive Dust Control Plan

k)

Air Quality Monitoring Plan (if required)

1)

Construction Interruption Landscape Plan ( if required)

m)

Notice and Signatures of Adjoining Property Owners

n)

Project Information and Signage Plan

93
94
95
96

97
98
99

100
101
102

103

104
105
106

107
108
109
110

111
112

113
114

115
116

117
118

119

18- 10. 2

Construction Management Standards and Regulations

120
121

a)

Days and hours of activity.

122
123

1.

The days and hours of construction activity within the Town

124

limits are regulated pursuant to Code Section 18- 3.

125

generally permitted from 7: 00 a.m. to 6: 00 p. m. Monday
Work is
through Saturday ( excluding legal holidays).
generally prohibited on Sundays and legal holidays.

126

127

Work is

128

129

2. The Town Council may choose to further prohibit, or otherwise

130

131

limit excessive noise- producing construction and vehicle
activity, including road and lane closures, or other " high

132

impact' activities from occurring during Peak Seasons ( Winter

133

and

Summer),

major

special

events

and

other

holidays

3

134

throughout the year. Specific dates defining these periods and

135

days

136

determined on an annual basis by Council Resolution.

on

which

such

activities

are

prohibited

should

be

137

i.

138

In general, special events shall take precedence

139

over

140

permitted work hours

141

interrupted, or work stopped at the discretion of

142
143

the Chief Building Official in order to ensure
that an event is not adversely affected, impeded

144

or disrupted due to construction activity.

construction

activities,,

may

and

as

such,

be

altered

or

145

3.

146

Interior layout work and similar activities that do not exceed

the noise limitations or vehicle activity described in Section
18- 3 of this code, and which does not adversely impact
adjoining properties, is permitted at any time.

147
148
149
150

151

4. In some instances, work may be required, or may serve as a

152

benefit to the community to occur outside of permitted work

153

hours.

154

review and approval by the Town Manager at least ( 7) days

155

prior to the date of the proposed work.

156

situations,

157

circumstances, the Town Manager or Chief Building Official

158

may approve work to occur outside of permitted work hours at

159

their discretion.

In these cases, a written request shall be submitted for

and

in order to

account for

For emergency
other

unforeseen

160
161

b)

High impact events.

162

165

High impact events, including large concrete pours, major
material deliveries, overhead craning and rigging, drilling,
blasting, pile driving, work within public roadways, sidewalks

166

or trails, traffic detours, and other " high impact" activities shall

167

be clearly identified in order of succession in the Construction

168

Management Plan.

163

1.

164

169

170

2.

Two weeks notice shall be given to the Town, prior to the

occurrence of any " high impact" event.

171
172

173

3.

A notice of any " high impact" activity or other activities that

174

may adversely affect adjoining properties shall be submitted to

175

the Town in written form with signatures of adjoining property
owners and business owners acknowledging said work.

176

177

178
179

4.

Work shall not be permitted to commence prior to receipt of

this notice.

However, in the event that, despite an applicant' s

4

180

best efforts, an adjoining property owner or business owner

181

cannot be located, the requirement to provide said signatures

182

may be waived at the discretion of the Town' s Building

183

Official.

184

185

c)

Site security.

186
187

1.

188

Construction fencing or other measures shall be implemented
to delineate, screen and secure the project site.

189
190

2. Security measures shall be in place at all times when the site is
not in operation. This may include perimeter barriers, locks,
surveillance systems, security lighting and motion detectors.

191
192
193

194

3. Where a building site cannot be fully secured, consideration
should be given to the use of a private security service to

195
196

prevent unauthorized access.

197

198

4. Security measures shall be taken to prevent construction work
or protection measures from facilitating unauthorized access to
adjoining buildings, and to safeguard site materials and

199

200

201

equipment.

202
203

d)

Work conditions, site safety and emergency provisions.

204
205

1.

Work conditions.

206

207

i.

The Chief Building Official may require that a

208

list

209

conditions

210

reference.

of

generally
be

required

submitted

to

worker
the

safety

Town

for

211
212

ii.

Compliance with United States Occupational

213

Safety

214

standards and codes will be required pursuant to
state and federal regulations.

215

and Health

Administration ( OSHA)

216
217

2. Safeguarding.

218
219

i. Readily

220

facilities

221

location at the construction site.

222

address

223

emergency

telephone

224

department

shall be

225

telephone.

accessible

shall
of

be

the

emergency

provided

in

construction

number
posted

an

telephone

approved
The street

site

and

the

of

the

fire

adjacent to the

5

226
227

ii. Roofing

228

systems

229

performed by a contractor licensed and bonded
for the type of roofing process to be performed.

230

operations
or

other

utilizing
ignition

heat-producing

sources

shall

be

231

232

iii. Asphalt and tar kettles

shall be operated in

233

accordance with Section 303 of the International

234

Fire Code.

235

236

iv.

Internal

combustion

powered

construction

237

equipment shall be used in accordance with all

238

of the following conditions:

239
240

a) Equipment shall be located so that

241

exhausts

242

combustible material.

do

not

discharge

against

243
244

b) Exhausts

245

shall

be

vented

to

the

outside of the building.

246

247

c) Equipment

248

shall

not

be

refueled

while in operation.

249
250

v.

A first-aid kit shall be available on site at all

251

times and shall be inspected at least monthly

252

and replenished as necessary.

253
254

vi.

255

In buildings where an automatic fire sprinkler

system is required it shall be unlawful to occupy
any portion of a building or structure until the

256

257

automatic sprinkler system installation has been

258

tested and approved.

259

260
261
262

263
264

265

vii.

Operation of sprinkler control valves shall be

allowed only by properly authorized personnel
and shall be accomplished by notification of
duly designated parties. When the sprinkler
protection is being regularly turned off and on to
facilitate connection of newly completed

266

segments, the sprinkler control valves shall be

267

checked

268

ascertain that protection is in service.

at

the

end

of each

work

period

to

269
270

3. Deep excavations/ trenches.

271

6

272

i.

273

274
275

Excavations shall be performed as specified by
the project' s engineer of record. Shoring, slope
stabilization and retaining methods shall be
employed as required for safety of property and

276

personnel.

277

provided by a design professional, United States
Occupational Safety and Health Administration
OSHA) regulations for this type of activity

278

279

280

In

the absence

of specifications

shall govern.

281

282

ii.

Trenches excavated four (4) feet or more below

283

grade

284

285

approved safety provisions subject to the review
and approval of the Snowmass/ Wildcat Fire

286

Protection District.

shall

require

the

implementation

of

287
288

iii.

Trenches located in the Public Right of Way

289

shall be backfilled or covered overnight. Traffic

290
291

control

292

signage, and steel plates shall be reviewed and

and

pedestrian

protection

measures

including barricades, flashing lights,

detour

293

approved by the Chief Building Official, Public

294

Works Director, or their designee.

295
296

4.

Hazardous Materials Storage.

297
298

i.

On-site

hazardous

liquids,

including

materials,

299

combustible

300

explosives, flammable gases, flammable liquids,

301

organic peroxides, oxidizers, etc., shall be listed

302

as to quantity and location.

combustible

fibers,

303
304

ii.

The appropriate Material Safety Data Sheets

305

MSDS) shall be available on- site at all times,

306

pursuant to federal regulations.

307

308

iii.

All flammable and combustible liquids used or

309

stored on site shall comply with Section 1405 of

310

the International Fire Code.

311
312

iv.

Operations involving cutting and welding shall

313

be done in accordance with Chapter 26 of the

314

International Fire Code.

315
316
317

V.

A

written

approval

or

permit

from

the

Snowmass/ Wildcat Fire Protection District shall

7

318

be submitted to the Chief Building Official for

319

all on- site hazardous materials storage.

320
321
322
323

5.

Fuel storage.

324
i.

325

Container locations for bulk on- site fuel storage

326

shall be clearly identified, including fuel types,

327

container

328

procedures.

sizes

spill

and

containment

329
330

ii.

On- site fuel storage locations shall require a

331

written

332

Snowmass/ Wildcat Fire Protection District.

or

approval

from

permit

the

333
334

6. Temporary heating.

335
336

i.

A

written

approval

or

permit

from

the

337

Snowmass/ Wildcat Fire Protection District shall

338

be required for temporary heating systems.

339
340

ii.

A field inspection shall be performed prior to

341

energizing

342

components.

of

any

temporary

heating

343
344

iii.

All temporary heating provisions shall comply

345

with

346

Code.

Section

1403

of the

International

Fire

347

348

7. Emergency access and evacuation.

349
350

i.

Emergency access in and out of the Town, and

351

to all locations throughout the Town, shall be

352

maintained at all times.

353
354

ii.

Approved vehicle access for fire fighting shall

355

be provided to all construction or demolition

356

sites.

357
358

iii.

Vehicle access shall be provided to within ( 100)

359

feet of temporary or permanent fire district

360

connections.

361

362

363

iv.

Vehicle access shall be provided by either
temporary

or

permanent

roads

capable

of

8

364

supporting emergency vehicle loading under all

365

weather conditions.

366
367

V.

Vehicle

access

368

permanent

369

available.

fire

shall

be

apparatus

maintained

access

until

roads

are

370
371

vi.

372

Key boxes shall be provided as required by
Chapter 5 of the International Fire Code.

373

374

vii.

375
376

Where a building has been constructed to a
height greater than fifty ( 50) feet or four ( 4)
stories, or where an existing building exceeding

377

fifty ( 50) feet in height is altered, at least one

378

temporary lighted stairway shall be provided

379

unless one or more of the permanent stairways

380

are erected as the construction progresses.

381
382

viii.

383

Required means of egress shall be maintained

386

during construction, demolition, remodeling,
alteration and addition to any building.
Approved temporary means of egress systems
may be utilized subject to review and approval

387

by the Chief Building Official.

384

385

388

389

8. Firefighting equipment and water supply.

390

391
392

i.

Structures

under

construction,

alteration

or

393

demolition shall be provided with at least one
1)
approved portable fire extinguisher in

394

accordance with Section 906 of the International

395

Fire Code and sized for not less than ordinary

396

hazard as follows:

397
398

a)

At each stairway on all floor levels

399

where

400

accumulated.

combustible

materials

have

401
402

b)

403

In every storage and construction
shed.

404
405

c)

Additional

portable

shall

406

extinguishers

407

where

408

including, but not limited to, the

special

be

fire

hazards

provided
exist

9

409

storage and use of flammable and

410

combustible liquids.

411
ii.

412

413

An approved water supply for fire protection,
either temporary or permanent, shall be made

414

available

415

arrives on the site.

as

soon

as

combustible

material

416

417

9. Building standpipes.

418

i.

419

Buildings four (4) or more stories in height shall

420

be provided with not less than one standpipe for

421

use during construction.

422

ii.

423

Standpipes shall be installed when the progress

424

of the construction is not more than forty ( 40)

425

feet in height above the lowest level of fire

426

department access.

427
iii.

428

Standpipes shall be provided with fire district

429

hose

connections

at

430

adjacent to usable stairs.

accessible

locations

431
iv.

432

Standpipes

shall be extended as construction

433

progresses to within one floor of the highest

434

point of construction having secured decking or

435

flooring.

436

437

e)

Site signage and exterior lighting.

438
439

1.

All informational signage displayed on a construction site shall

440

be reviewed and approved by the Chief Building Official prior

441

to installation.

442

443

2. Signage on construction sites shall be limited to thirty-two ( 32)

444

square feet in size and limited to one ( 1) sign per site. Content

445

shall be limited to directional or project information only.

446

447

3.

All

signage of public roadways

must meet United

States

Manual on Uniform Traffic Code Device (MUTCD) standards.

448
449
450

4.

Signage

specifying

security

information,

site

safety

451

requirements, and contact information shall be erected on the

452

perimeter of the site.

453

number shall be provided. This sign is required and permitted

454

in addition to the sign described in Section 18- 10. 2( c) 2.

A 24- hour contact name and telephone

10

455
456

5. Exterior lighting, including temporary construction lighting,
and temporary lighting of site signage shall conform to the

457

458

provisions of Chapter 18, Article XIII.

459
460

f)

Contractor and worker parking.

461
462

1.

463

Adequate parking provisions shall be made on site for
contractor and worker vehicles.

464
465

2. If the provision of on- site parking is not practical, or is

466

otherwise

prohibited

467

approval,

then

468

alternative arrangements that have been made to accommodate

469

parking needs.

pursuant

evidence

to

the

conditions

of

project

shall

be

provided

describing

470
471

g)

Construction Vehicles.

472
473

474

1.

Vehicles and equipment leaving a construction site shall be
properly cleaned to prevent mud, gravel and debris from being

475

tracked onto public roadways, sidewalks, trails and parking

476

areas.

477
478

2. The location of site entries, exits and primary paths of travel

479

shall be identified for vehicles traveling to, from and through

480

the site.

481
482

3.

Site entry and exit points, and temporary haul roads shall be

483

stabilized with crushed rock, bitumen or similar stabilizing and

484

dust suppressing material.

485
486

4. Tracking controls such as rumble grids, wash stations, or

487

similar facilities shall be installed to remove and collect mud

488
489

and debris from vehicles leaving the site. Tracking controls
shall be monitored regularly and replaced or maintained as

490

necessary to ensure their effectiveness.

491
492

i.

Detailed descriptions of vehicle tracking pads

493

and their locations shall be provided, and such

494

facilities shall be installed and maintained to the

495

satisfaction of the Building Official.

496

497

ii.

At the discretion of the Chief Building Official,

498

or

499

designated vehicle and equipment wash down

500

areas may be required. If required, wash down

as

required

pursuant

to

project

approvals,

11

areas shall be located near the site exits and

501
502

shall be designed to capture and treat water prior

503

to discharge into the stormwater system.

504
505

iii.

Wash down areas exceeding 2000 gallons per
day shall be required to use recycled water.

iv.

Should the approved tracking control methods
prove to be inadequate during construction, the
Town shall have the authority to recommend

506
507
508

509
510
511

alternate

512

unacceptable

513

appropriate enforcement actions, and/ or perform

514

the necessary work at the permit holder' s

515

expense.

methods,

cease

work

until

are

corrected,

take

conditions

516

517

5. Roadways shall be monitored continuously and cleaned on a

518

regular basis to be kept free and clear of dirt and debris to the

519

satisfaction of the Chief Building Official.

520
521

h)

Material Storage and Staging.

522

523

1.

Material storage and staging should be limited to one

524

contiguous area within the project site.

525

stored in an organized manner and shall not encroach onto

526

adjoining properties or public areas.

Materials should be

527
528

2. An adequate buffer or screening, as determined by the Chief

529

Building Official or Planning Director, shall be maintained

530

between stored materials and adjacent properties and public

531

areas.

532

533

3.

Stored raw materials shall be adequately secured to prevent

534

dispersal of these materials across the site and migration into

535

public areas.

536

4.

537

High-piled storage shall be prohibited.

538

539

i)

Snow storage and removal.

540

541

1.

542

Areas shall be designated for snow storage.

Snow storage is

not permitted on public roadways or right- of-ways.

543
544

2.

If the site is constrained and snow storage is not practical, a

545

detailed snow removal plan shall be submitted to the Town

546

indicating methods of removal and final destination.

12

547
548

j)

Construction waste.

549
550

1.

551

A Waste Management Plan shall be detailed to address the

following:

552
i.

553

Specific efforts to minimize waste on site by

554

avoiding

555

requirements, minimizing packaging materials,

over- estimation

of

purchasing

556

and purchasing environmentally sensitive and

557

recycled content products,

558

559

ii.

Procedures for the collection and sorting of

560

recyclable construction materials,

561

iii.

562

The type and quantity of materials that are to be

563

reused or recycled,

564

iv.

565

Provision of containers for recyclable materials

566

including cardboard, glass, metal, plastic and

567

green waste,

568
569

V.

The reuse of timber, glass and other materials,

vi.

The recycling of asphalt, metal, bricks, tiles,

570

571

572

concrete,
plasterboard,
plastic,
masonry,
batteries, cardboard, carpet and other materials,

573
574

575

Provisions for collection of daily rubbish from

vii.

576

workers,

577

578

Procedures for removal of waste ( materials that

viii.

cannot be reused or recycled) from the site,

579
580

ix.

581

Procedures

for

removal

of

hazardous

or

dangerous materials from the site.

582

583

584

2.

Removal of hazardous or dangerous materials from the site
shall

585

be

in

accordance

with

State

and

Federal

law.

586

Coordination may be required through the Pitkin County

587

Environmental Health Department.

588
589

3.

Waste collection shall only occur during permitted work hours.

590
591

592

4. For outside bins, self-closing lids must be installed to ensure
that waste does not become airborne.

13

593

5. Litter and debris " trapped" against site fencing shall be

594

595

monitored regularly and removed promptly.

596

6. Open burning on site is prohibited.

597
598

599

k)

Stormwater and Sediment Control.

600
601

1.

A Stormwater and Sediment Control Plan shall be prepared and

602

stamped with the seal of a State of Colorado licensed engineer

603

engaged in the type of work to be performed. The Plan shall

604

demonstrate that:

605
i.

606

Stormwater

runoff

will

be

prevented

from

607

entering adjoining properties or into the public

608

sewer system.

609
ii.

610

Drainage of the site to the legal point of

611

discharge

will

612

construction.

be

maintained

throughout

captured and

filtered at

613
iii.

614

Stormwater

will be

615

sediment control points before entering the legal

616

point of discharge.

617
iv.

618

Site water retention will not cause structural

damage to excavations or retaining walls.

619
620

621

2.

Construction-caused water discoloration shall not be permitted

622

in Brush Creek or other waterways within the Town.

623

rainwater run-off shall be

624

migration into Town waterways and stormwater systems.

controlled to

Natural

prevent sediment

625

626

i.

Upslope water shall be diverted to prevent it

from traveling through the construction site.

627

628
629

ii.

Downspouts shall be connected as soon as the

roof is installed on the site.

630
631

632

iii.

Natural falls shall be identified and sediment

633

traps or filters shall be located at all run-off

634

points.

635

regularly

636

necessary to ensure their effectiveness.

Sediment Controls shall be monitored
and

replaced

or

maintained

as

637

14

638

iv.

Sediment traps or filters shall be placed around

639

any drain affected by construction works.

640

Sediment

641

weekly basis or after any significant storm

642

event,

controls

whichever

shall
occurs

be

inspected

first,

and

on

shall

a
be

643

maintained or replaced as necessary to ensure

644

their effectiveness.

645

646

Grated drains shall be provided at stormwater

V.

647

exit points to prevent uncontrolled debris flow

648

run- off.

649
650
651

3. Proposed silt fencing and erosion control shall be plainly
detailed.

Details shall include location, installation methods,

652

type

653

course of the project. Proposed erosion control measures shall

654

be submitted for approval from the Town Engineer.

of

materials

used

and

maintenance

methods

over

the

655
657

Proposed storage locations for loose materials such as soil,
sand and gravel shall be identified and precautions to prevent

658

displacement shall be implemented. Sediment controls may be

659

required for fine material storage.

656

4.

660
661

5.

Water collected at the bottom of excavation sites shall be

662

pumped out in a timely manner.

If the water

contains

663

sedimentation at less than 150mg/ gallon of total suspended

664

solids, it may be filtered and pumped to the legal point of

665

discharge.

666

667

i.

Polluted water shall not be permitted to enter the

668

stormwater system and may be pumped to the

669

sewer system with appropriate approvals from

670

the Snowmass Water and Sanitation District.

671
672

ii. At the discretion of the Town' s Environmental

673

Consultant or Public Works Director, a liquid

674

waste company may be required to collect

675

contaminated water for disposal at a licensed

676

treatment facility.

677

678

6. Waste materials, including liquid wastes such as paint, concrete

679

slurries and chemicals, shall not be discharged into the public

680

stormwater

681

equipment cleaning without any discharge of by-product into

682

the stormwater system.

system.

Facilities shall be provided to enable

683

15

684

8.

Wherever possible, natural vegetation should be retained to

685

absorb surface water flows.

686

should occur as soon as possible after completion of the work.

In disturbed areas, revegetation

687
688

9.

For construction sites that disturb one acre or greater, a State of

689

Colorado Stormwater Construction Permit or Waiver shall be

690

submitted to the Chief Building Official for reference and

691

enforcement.

692

693

1)

Wetlands.

694

695

1.

696

All work proposed in a designated wetlands area shall obtain

the proper State and Federal permits prior to commencement.

697

698

2.

Where required, an approved permit issued pursuant to Section

699

404 of the Clean Water Act shall be submitted to the Chief

700

Building Official.

701

702

m)

Construction on Slopes Greater than Thirty Percent( 30%).

703

704

1.

For construction permitted on slopes greater than thirty percent

705

30%), pursuant to the provisions of Section 16A- 4- 50( d), a

706

detailed and dimensioned topographic plan shall be submitted

707

for review and approval by the Planning Director.

708

drawings shall indicate the proposed methods and locations of

709

slope stabilization, erosion control, delineation fencing, tree

710

removal,

711

removal and excavation.

adjacent

property

protection,

staging,

The

material

712
713

2.

Plans

submitted

pursuant

to

Section

18- 10.2( 1) 1

shall

be

714

stamped with the seal of a professional geotechnical engineer

715

licensed in the State of Colorado.

716
717

n)

Air Quality Control & Dust management.

718

719
720

1.

A Fugitive Dust Control Plan shall be provided to address

721

methods by which dust migration will be kept to a minimum at
the project site. Control options established by the Colorado

722

Department of Public Health and Environment shall be

723

implemented in all areas of disturbed earth, including

724

temporary haul roads, material staging areas, and open

725

excavations.

726

727

i.

Provide detailed descriptions of the methods and

728

frequency of application for on- site dust

729

suppression ( watering and/ or chemical

16

730

applications) and street cleaning ( sweeping and

731

watering) that will be used to minimize fugitive

732

dust arising from the project site and adjacent

733

roadways.

734
735

ii.

736

Dumping and storage of loose materials shall be
kept to a minimum. If dumping and storage of

737

loose material is unavoidable, methods for

738
739

preventing dust migration and other airborne
matter from impacting surrounding areas shall

740

be described. Measures to ensure that these

741

methods will remain effective during times

742

when the site is unattended shall also be

743

described.

744

745

iii.

746

Enhanced dust control measures shall be

described to address the following conditions:

747
748

a. Any event of visible dust migration off

749

of the project site;

750
751

b.

Extreme weather and wind conditions;

c.

Work in areas of direct exposure or

752

753
754

close proximity to the general public

755

and surrounding buildings;

756

757
758

d. Work in proximity to air intake vents
on adjacent building. Dust intake by

759

these vents must be prevented through

760

the

761

approved measures.

installation

of

filters

or

other

762

763

764
765

766

2. PM- 10 monitoring measures particulates important to public
health and safety. Allowable thresholds for this measurement
include a 24- hour average not to exceed 150 ug/ m3 and an
annual average not to exceed 50 ug/ m3. If required pursuant to

767

project approvals, or at the discretion of the Chief Building

768

Official, the Planning Director, or the Town' s designated
Environmental Consultant, an Air Quality Monitoring Plan

769
770

shall be submitted for review and approval.

771
772

773
774

775

3. Should the approved dust control or air quality monitoring
methods prove to be inadequate during construction, the Town
shall have the authority to recommend alternate methods, cease
work

until

unacceptable

conditions

are

corrected,

take

17

776

appropriate enforcement actions, and/ or perform the necessary
work at the permit holder' s expense.

777
778
779

o)

Site Grubbing, Tree Removal and Protection.

780

1.

781

782

Areas of site grubbing and tree removals shall be clearly
shown.

783

2.

784

785

Erosion control methods for these activities shall require prior

approval by the Town Engineer.

786
787

3.

Prior approval by the Town' s Public Works Director or Parks

788

and Recreation Director shall be required for removal and

789

replacement of trees located in the public right of way.

790

791

4. A Tree Preservation Plan, prepared by a Certified or
Consulting Arborist, may be required for trees that are to be
protected on site during construction

792
793
794

795

p)

Construction Interruption Landscape Plan.

796

1.

797

A Construction Interruption Landscape Plan shall be submitted

798

for each phase of construction, if required.

799

describe plantings and screening that will be installed to

800

minimize visual impacts in the event that a period of twelve

801

12)

802

The plan shall

consecutive months occur during which substantial

construction activities cease.

803

804

q)

Site Retaining walls.

805
806

808

1. All freestanding and attached site earth retaining structures
shall be clearly shown with specific dimensions. Walls or
structures over ( 4) feet in total height shall be designed by a

809

professional engineer or architect licensed in the State of

810

Colorado and will require a building permit.

807

811
812

2. The Town' s Planning Director shall review the final design and
height of any proposed retaining walls to ensure conformance

813

814

with project approvals and Town standards.

815
816

r)

Off-site debris and excavated material disposal.

817
818

819

1.

All materials removed from the site and transported to another

location shall be designated by type and final destination.

820

18

821

2. All materials removed from the site shall be properly secured
and covered prior to leaving the site.

822
823

824

s)

Noise.

825
826

1.

827

Construction

activities

which

produce

excessive

noise

or

vehicle activity are regulated pursuant to Code Section 18- 3.

828
829

2.

Activities that will involve excessive noise or vibration shall be

830

clearly detailed to the Town including anticipated decibel

831

levels, days and hours of operation, and methods of mitigation.

832

833

3.

Portable generators:

834
i.

835

On- site utilization of portable generators shall

836

be clearly specified, including generator size,

837

fuel type, location and times of operation.

838

ii. A Noise Mitigation Plan may be required for

839
840

portable generators

841

Section 18- 3 of this code.

to ensure compliance with

842

843

4. Blasting:

844

845

i.

846

Blasting shall not be allowed within the Town
without first obtaining the proper State and

847

Federal permits.

848
849

ii.

A written approval for any blasting or explosive

850

works

shall

be

851

follows:

852

Official, Fire Chief and Public Works director.

Town

required

with

signatures

Manager, Chief

as

Building

853
854

iii.

Blasting or work related to avalanche control on
Snowmass Ski Area, conducted by the Aspen
Skiing Company, is exempt from this section.

iv.

All blasting operations shall be conducted in

855

856

857

858
859

accordance with Chapter 33 of the International

860

Fire Code.

861
862
863

V.

A Noise Mitigation Plan shall be required for

blasting.

864
865
866

19

867

5.

Pile driving:

868

i.

869

Drilled piers and driven piles are required to be

870

engineered by an

871

engineer licensed in the State of Colorado.

architect or professional

872
ii.

873

The proposed locations, diameters, and depths

874

of all piers or piles shall be clearly detailed on

875

the site plan.

876
iii.

877

A Noise Mitigation Plan shall be required for
driven piles and drilled piers.

878

879
880

t)

Wildlife Protection.

881

1.

882

Locations

and

specifications

for

construction

site

refuse

883

containers shall be clearly detailed. Plans shall demonstrate

884

compliance with the Wildlife Protection provisions of Section

885

7- 156.

886

2.

887
888

Personal pets uncontained or unrestrained shall not be allowed
on construction sites.

889
890

u)

Roadway impacts and right-of-way work.

891

892
893

1.

Deliveries to and from the site shall be designated by route and
time of day. Material deliveries shall not impede the day-to-

894

day and special event functions of the Town.

895

material

deliveries, pursuant to Section

For major

18- 10. 2( a) 4,

work

896

outside of permitted work hours may be approved to satisfy the

897

requirements of this Section.

898
899

900

2. A Public Works Right- of-Way Permit or Road Cut Permit shall
be obtained prior to commencing any work within ten ( 10) feet

901

of a public right- of way ( including sidewalks and trails) or

902

Town roadway. All work shall conform to the Town' s Right of
Way Guidelines.

903

904

905
906

3.

Safe pedestrian & bicycle trail connections shall be maintained
at all times throughout the Village.

907
908

4. The specific duration of work impacting a public right-of-way

909

including sidewalks and trails) or Town roadway shall be

910

clearly stipulated.

911

20

912

5. For work requiring a closure of any Town roadway, public

913

right-of-way, sidewalk or trail, a detailed plan and work

914

schedule shall be provided for Town Manager approval at least
14) days prior to the proposed closure.

915

916
917

6. The Town may require that alternate vehicle, bicycle and

918

pedestrian connections be made at the permit holder' s expense.

919

920

v)

Traffic Management.

921

922

1.

A Traffic Management Plan is required for any work impacting

923

a public right- of-way ( including sidewalks and trails) or Town

924

roadway.

925
926

2. The Traffic Management Plan shall address the following:

927

928

i.

Location and extent of the proposed works.

ii.

Staging areas.

iii.

Schedule and duration of the proposed works.

iv.

Site security and site safety measures.

V.

Emergency access provisions.

vi.

Impacts to fire protection facilities.

vii.

Impacts to public transportation providers.

viii.

Vehicle,

929
930

931
932
933

934
935

936

937
938
939

940
941
942

943

bicycle

and

pedestrian

circulation

impacts.

944
945

ix.

Safety precautions.

X.

Speed zones.

xi.

Access points to the proposed work.

xii.

Special traffic control devices.

xiii.

Provisions

946

947
948

949
950

951
952
953

954

for special events

and holiday

periods.

955

21

956

3. An amended Traffic Management Plan may be submitted for
review and approval by the Chief Building Official if there is a
demonstrable need arising from:

957

958

959
960

i.

A change in traffic conditions.

ii.

A change in land use in the vicinity.

iii.

Amendments to the building design.

iv.

A change in construction methodology.

V.

A change in contractor or developer of the site.

961

962
963
964
965
966

967

968
969

970

w)

Traffic control.

971
972

1.

Other than for emergency responses, unanticipated road

973

closures associated with construction activity will not be

974

permitted.

975

976

2. Traffic control involving traffic delays and/ or lane closures will

977

be coordinated throughout the Town and managed on primary

978

roadways to a maximum of:

979

i.

980

Two (2) five-minute stops during the shoulder
seasons, and

981

ii.

No stops during Peak Seasons ( Winter and

982

Summer), Special Events, or Holidays, as such

983

periods or days are defined annually by Council

984

Resolution pursuant to Section 18- 10. 2( a) 2.

985
986

988

In some instances, work requiring traffic delays and/ or lane
closures may be required, or may serve as a benefit to the
community, to occur in excess of the limitations stipulated in

989

Section 18- 10. 2( w)2.

987

3.

In these cases, a written request shall be

990

submitted for review and approval by Council Resolution at

991

least ( 21) days prior to the date of the proposed work.

For

992

emergency situations, and in order to account for other

993

unforeseen

994

Building Official may approve work to occur in excess of these

995

limitations at their discretion.

circumstances,

the

Town

Manager

or

Chief

996
997
998

999

4. Contractors will be required to communicate and abide by
clearly defined timeframes regarding the duration of right of
way impacts.

1000
1001

22

1002

18- 10.3

Preconstruction Meeting.

1003
1004

1006

Following approval of a project' s Construction Management Plan, and
prior to the commencement of work, a preconstruction meeting shall be
required. Required attendees for this meeting shall include, but not be

1007

limited to:

a)

1005

1008
1009

1.

Owner or Owner' s Representative

2.

Architect

3.

Superintendent

4.

Major Subcontractors

1010
1011
1012

1013

1014
1015
1016

1017

5. Chief Building Official ( or designee)

1018
1019

18- 10.4

Enforcement, Penalty Assessments and Fines.

1020

1021

a)

Enforcement.

1022

1023

1.

Contractors and developers are expected to be acutely

1024

aware of the standards and regulations for Construction

1025

Management established by the Town of Snowmass

1026

Village.

1027
1028

2. The Town' s Construction Coordinator, Chief Building

1029

Official, or any Building Inspector may complete random

1030

site visits to determine if construction activities are in

1031

compliance

1032

Construction

1033

regulations.

with

the

provisions

Management

Plan

of

and

an

approved

other

Town

1034
1035

1036

3.

The Town of Snowmass Village will enforce construction
management regulations as follows:

1037
1038

i.

The first corrective action is a written Notice of
Violation with timeframe for compliance.

1039
1040
1041
1042

ii.

If

compliance

is

not

achieved

within

the

1044

timeframe stipulated by the Notice of Violation,
the second corrective action is a Stop Work
Order ( red tag). If a Stop Work Order is issued,

1045

no

1046

premises until the violation is corrected.

1043

work

is

permitted

to

proceed

upon the

1047

23

1048

4. The Schedule of Penalty Assessments and Fines contained

1049

in Section 10- 18. 7( b) shall be applicable to any violation of

1050

a

1051

Management Plan.

1052

are subject to the General penalty for violation pursuant to

1053

Section 1- 72, or as otherwise provided in this Code.

provision

contained

in

an

approved

Construction

Violations of other Town regulations

1054
1055

5. At the discretion of the Chief Building Official, any

1056

violation

1057

Construction

1058

immediate stoppage of work and/ or the assessment of fines

1059

pursuant to the Schedule described in Section 18- 10. 4(b).

of

a

provision

Management

contained

in

an

Plan

be

grounds

shall

approved

for

1060
1061

6.

If a fine is imposed for violation of a provision contained in

1062

an approved Construction Management Plan, payment of

1063

the fine shall be made within ten ( 10) days of the date of
the Notice of Violation. At the discretion of the Chief

1064
1065

Building Official, failure to pay the fine within ten ( 10)

1066

days shall be grounds for immediate stoppage of work.

1067
1068

b)

Schedule.

1069

1070

The following is a Schedule of Penalty Assessments and Fines applicable

1071

to violations of provisions of an approved Construction Management Plan.

1072

Each day any violation of the provisions of an approved Construction

1073

Management Plan continues shall constitute a separate offense, unless

1074

otherwise provided.

1075
1076

Description

Fine

1077
1078
1079

1080

Violation of any provision not involving work or
impacts occurring within a public roadway, sidewalk
or trail.

1081
1082

First Offense within 1 year

100

1083

Second Offense within 1 year

500

1084

Third Offense ( and for each offense thereafter)

1085

within 1 year

1, 000

1086

1087

Violation of any provision involving work or impacts

1088

occurring within a public roadway, sidewalk or trail.

1089

1090

First Offense within 1 year

1, 000

1091

Second Offense within 1 year

5, 000

1092

Third Offense ( and for each offense thereafter)

1093

within 1 year

10, 000

24

1094
1095
1096

Section

Three:

Effective

Date.

This

Ordinance

shall

become

effective

on

2007.

1097

1098
1099

1100
1101

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

1102

provision or application of this Ordinance which can be given effect without the invalid

1103

provision or application, and, to this end, the provisions of this Ordinance are severable.

1104
1105

1106
1107

READ, APPROVED AND ADOPTED, by the Town Council of the Town of
Snowmass Village on the First Reading on August 6, 2007 upon a motion by Council

1108

Member

1109

and upon a vote of

the second of Council Member

in favor and

opposed.

1110

llll
1113

READ, APPROVED AND ADOPTED, by the Town Council of the town of
2007 upon a motion
Snowmass Village on Second Reading on
Council
Member
second
of
Council
the
by

1114

Member

1112

and upon a vote of

in favor and

opposed.

1115

1116
1117
1118

TOWN OF SNOWMASS VILLAGE

1119
1120

1121
1122

1123

Douglas Mercatoris, Mayor

1124
1125

1126

ATTEST:

1127
1128
1129

1130

1131

Rhonda Coxon, Town Clerk

1132

1133
1134

APPROVED AS TO FORM:

1135

1136

1137

1138
1139

John Dresser, Town Attorney

25

MEMORANDUM
TO:

Snowmass Village Town Council

FROM:

Jason Haber, Economic Resource Director

DATE:

August 20, 2007

SUBJECT:

FIRST READING OF ORDINANCE NO. 13 SERIES OF 2007 - CONSTRUCTION
MITIGATION FEE

1.

PURPOSE AND ACTIONS REQUESTED OF COUNCIL

A. To establish a revenue source to pay for new costs associated with increased resource needs
generated as a result of new residential and commercial development and construction
activity.

B. Approve the First Reading of Ordinance No. 13, Series of 2007, an Ordinance Amending Certain
Provisions of the Snowmass Village Municipal Code - Establishing a Construction
Mitigation Fee.

II. DISCUSSION

On June 4, 2007, staff presented a Town Manager' s Report to Council identifying costs associated with
implementing the Town' s Construction Coordination and Impact Mitigation Plan ( CCfMP— see
attached). In 2007, costs of approximately $275, 000 are anticipated for equipment purchases, staffing,
and other resource needs associated with day- to- day construction coordination and impact mitigation
activities ( see attached revenue/ expense spreadsheet).

Ordinance No. 13, Series of 2007, is presented in response to Council' s direction that staff proceed with

the necessary steps to establish a Construction Mitigation Fee to generate revenues to pay for the new
costs identified above. The proposed ordinance would establish a fee of$ 1. 00 ( ONE DOLLAR) per

square foot for development projects resulting in new floor area.

The proposed fee would apply to all building development resulting in new floor area, including:
demo/ rebuilds, commercial and mixed- use, single- family and multi- family residential, as well as
affordable housing, and other public Town projects. Fee payment would be required prior to building

permit issuance, and collected revenues would be used to pay for costs specifically generated as a result
of new residential and commercial development.

The Construction Mitigation Fee would not be required for projects without new floor area. As such,

residential and commercial remodels, tenant improvements, utility projects, or other right-of-way work
would not be subject to the fee. Staff believes that the incremental costs generated as a result of this
type of development would be accommodated under the proposed formula. Furthermore, since the most

impactful right- of-way work is typically associated with new building development, staff believes that
the proposed fee formula would be fair and equitable in its proposed application.

Program expenses are anticipated to increase or decrease annually, depending on the amount of
development activity and right-of-way work occurring in a given year. However, staff has

conservatively budgeted for annual escalation of 5% in costs over the next five (5) years ( see attached
revenue/ expense spreadsheet) in anticipation of a steady continuation of Town- wide development

activity and inflationary factors. It is recommended that an annual review of revenue and expense
projections will be required to ensure that an appropriate fee structure remains in place over time.

Based upon currently projected costs and anticipated development activity levels, the fee, as proposed, is
expected to generate the revenue necessary to pay for the new costs anticipated ( including escalation)
over the next several years.

As part of this discussion, staff recommends that Council provide feedback concerning the applicability
of this fee to the following project types:
Single- family (low density) residential development
Public Affordable Housing
Mitigation Affordable Housing
Public Capital Projects

Major Residential Remodels

Right- of-Way Projects
III.

NEXT STEPS

If Council approves the First Reading of Ordinance No. 13, the item would be placed
on the September 4, 2007 agenda for Second Reading.
The stipulated fees would become effective 15 days after Council' s approval at

Second Reading.

IV.

ATTACHMMENTS
Ordinance 13, Series of 2007

Construction Coordination & Impact Mitigation Plan Handout

Construction Coordination and Construction Communication Initiatives
Construction Coordinator Job Description
Revenue/ Expense Projections Spreadsheet

2007 Construction Mitigation Cost Projections

2007 Construction Coordinator Cost Projection

Construction Information Initiatives Cost Projections

TOWN OF SNOWMASS VILLAGE

TOWN COUNCIL ,
ORDINANCE NO. 13
SERIES OF 2007

AN

ORDINANCE

AMENDING

CERTAIN

PROVISIONS

OF

THE

SNOWMASS

VILLAGE

MUNICIPAL CODE— ESTABLISHING A CONSTRUCTION MITIGATION FEE.

WHEREAS, on April 2, 2007, the Town Council accepted a set of impact tolerance thresholds

concerning the individual and cumulative impacts of land development and construction activities
throughout the Town, and
WHEREAS, said tolerance thresholds are defined in the Town' s Construction Coordination and

Impact Mitigation Plan, as that plan may be amended from time to time, and

WHEREAS, the Town Council has found it necessary to establish regulatory tools that improve
the Town' s ability to effectively control and limit the impacts of construction, and to regulate, monitor,
and enforce provisions concerning construction management in order to preserve the health, safety, and
welfare of the Town and its citizens, and

WHEREAS, in order to achieve the goals and objectives of the Construction Coordination and
Impact Mitigation Plan, the Town has engaged the services of a Construction Coordinator and has
implemented a Construction Information Initiative, and

WHEREAS, in order to further achieve those goals and objectives, the Town intends to procure

the necessary environmental monitoring equipment to ensure compliance with established regulatory
standards and thresholds, and

WHEREAS, Town staff from several Town Departments have been engaged in the establishment
and ongoing management of construction coordination and impact mitigation efforts, and

WHEREAS, the costs of each of these efforts, resource allocations, and equipment purchases

have been, or are expected to be realized and paid by the Town, and
WHEREAS, the Town Council has determined that it is appropriate that the new costs generated

as a result of new development and construction activity be paid for by the developers and/ or contractors
responsible for generating said costs, and

WHEREAS, the Town Council hereby finds that the amendments and revisions to the Municipal
Code as hereinafter set forth are necessary for the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass
Village, Colorado, as follows:

1.

That Chapter 4 of the Snowmass Village Municipal Code is hereby amended by adding a

section, which section reads as follows:

Ordinance No. 13, Series of 2007
Page 2

a.

Section 4-43. Allocation of Construction Mitigation Fees:

The fees paid and collected under Chapter 18, Section 18- 42(g) 1, and by virtue of
this. subsection, shall be used to pay for costs generated as a result of new
development and construction activity. These fees shall be allocated to pay for each
new development's equitable share of the costs of planning, maintenance,
management, environmental monitoring, equipment purchases, repair, improvement,
renewal, replacement, reconstruction, advertising, and all other items incidental to
the operation and implementation of the Town' s Construction Coordination and

Impact Mitigation Plan. The cost of employing( or contracting with) a Construction
Coordinator, and any costs associated therewith shall be paid for with revenue
generated by these fees. The implementation of a Town-wide Construction

Information Initiative shall also be funded with revenue generated by these fees.
Finally, the fees collected may be used to pay for a proportionate share of the costs
of accounting, planning, management, administration and general government of the
Town.

2. That Chapter 18 of the Snowmass Village Municipal Code is hereby amended by adding a
section, which section reads as follows:

a.

Section 18- 42( g) I. Construction Mitigation Fees:
In addition to the other fees set forth in this section, a Construction Mitigation Fee

shall be charged in accordance with the following schedule, which shall be due and
payable at the time of issuance of a Building Permit.
Assessment Rate

Type of Structure

per SF of Floor Area

Single Family or Multiple Family Residential

1. 00

Mixed-Use and Commercial

1. 00

Public Facilities and Affordable Housing

1. 00

This fee will be imposed for new construction and for floor area added to existing
construction. The measurement of floor areas for the purpose of this Section shall be

the same as measuring floor area for Floor Area Ratio as defined in Chapter 16A of
the TOSV Municipal Code.

3.

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.

Ordinance No. 13, Series of 2007
Page 3

READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village
the second of
on First Reading on August 6, 2007 upon a motion by Council Member
Council Member

and upon a vote of_

in favor and_

against.

READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village
on Second Reading on
second of Council Member

the

2007 upon a motion by Council Member
and upon a vote of_

in favor and_

against.

TOWN OF SNOWMASS VILLAGE

Douglas Mercatoris, Mayor

ATTEST:

Rhonda Coxon, Town Clerk
APPROVED AS TO FORM:

John Dresser, Town Attorney

Town of Snowmass Village
Construction Coordination & Impact Mitigation Plan ( CCIMP)
Background& Purpose

The CCIMP was developed in an effort to provide Council and the Community with a tool
that:

1.

Establishes a set of acceptable thresholds to address the cumulative impacts of
land development and construction;

2.

Identifies conceptual and approved projects that are anticipated to be built over
time throughout Snowmass Village; and

3.

Enables the projection of sequential timeframes within which, each particular

project would likely become eligible to receive a Town Building Permit (based upon
anticipated project approval timelines and compliance with tolerance thresholds for
various types of impacts).

The purpose of this tool is to:

A.

Provide Council with an unambiguous, Town- developed mechanism for
regulating the quantity of construction ( and construction- related impacts) that

would be permitted at any given time;
B.

Provide the Community with a clear expectation of the overall plan for Villagewide development and the impacts associated therewith; and

C. Ensure that a particular standard of livability will be maintained at all times,
while providing the flexibility necessary to accommodate the changing needs
of the development community.
Impact Thresholds & Performance Standards

1.

Right of Way Impacts

a. Other than for emergency responses, unanticipated road closures associated
with construction activity will not be permitted.

b. Traffic Control will be coordinated and managed on primary roadways to a
maximum of:

i. Two (2) Five- minute stops during the shoulder seasons, and
ii.

No stops during the Summer and Winter Peak Seasons, Special Events,

or Holidays (as such periods or days are defined annually by Council
Resolution).

iii. This threshold may be exceeded upon receipt of written authorization
from the Town Manager or Chief Building Official.

c. Contractors will be required to communicate and abide by clearly defined
timeframes regarding the duration of ROW impacts.

d. Contractors will proactively maintain and continuously monitor the cleanliness
of public roadways. Any mud or dirt tracked into the ROW will be removed
promptly.

2. Air Quality

a. Contractors will be required to submit a fugitive dust control plan addressing
how dust will be kept to a minimum at the project site. Control options

established by the Colorado Department of Public Health and Environment

shall be implemented in all areas of disturbed earth, including temporary haul
roads, material staging areas, and open excavations. Any visible dust
migration coming off of a project site will require the immediate
application of enhanced control measures.

b. PM- 10 monitoring will continue to measure the particulates important to public
health and safety. Allowable thresholds for this measurement include a 24hour average not to exceed 150 ug/ m3 and an annual average not to exceed 50

ug/ m3. If required pursuant to project approvals, or at the discretion of the
Chief Building Official, the Planning Director, or the Town' s designated

Environmental Consultant, an Air Quality ( PM- 10) Monitoring Plan may be
required.

c. Vehicles and equipment are prohibited from idling for prolonged periods of time
in excess of 10- minutes. This standard will not apply where idling is required
for worker, site, or material protection.
3.

Noise

a. Snowmass Village Municipal Code Section 18- 3 limits excessive noise

producing activity (above 60db, measured at the property line) to the hours of
7am- 6pm, Monday through Saturday.
b. Maximum allowable daytime and construction- related noise shall be limited to

90db, unless written authorization to exceed this threshold is provided by the
Town Manager or Chief Building Official .
4. Stormwater Management and Erosion Control

a. Construction-caused water discoloration will not be permitted in Brush Creek or
other waterways within the Town.

b. Exceedences of State Water Quality Control Board thresholds for various
particulate and bacterial levels within Town waterways shall not be permitted.
5. Customer Service and Public Information

a. The Renaissance of Snowmass will be emphasized as a positive evolution of

our resort community, with a clear message that the Town remains "open for
business" during construction.

b. Traffic control personnel will be trained and required to provide friendly
customer service (i. e., a wave and a smile) and accurate visitor information.

c. Clear, consistent, and honest information will be communicated through
signage, print, radio, television, and web- based media.

ol. Residents and business owners will be actively informed of any construction
activity proposed in close proximity to their properties.

e. Weekly coordination meetings will be open to the public, and open lines of
communication will be maintained between the Town, its Citizens, and the

Development Community.
6. Transit Service

a. Transit vehicles, including Village Shuttle buses and RFTA service from the
Village Mall, will receive priority from traffic control personnel, such that
reasonable headways can be maintained and transfers to regional bus service
at the Brush Creek Intercept Lot will not be compromised.
7.

Peak Seasons, Special Events and Holidays

a. Construction impacts ( i. e., excessive noise producing construction and vehicle

activity, road and lane closures, or other "high- impact" activities) will be
effectively limited or prohibited during peak seasons (Winter and Summer),
special events and holidays, as such periods and specific dates are determined

on an annual basis by Council Resolution.
b. Contractors will be required to meet commitments concerning limitations on
road closures, noise, heavy equipment use, or other impactful activities to
accommodate special events.

8.

Public Safety

a. Emergency access in and out of the Village, and to all locations throughout the
Village, will be maintained at all times.

b.

Safe pedestrian & bike trail connections will be maintained throughout the
Village.

c. Work under construction will have the necessary approvals and permits
limiting " at- risk" construction) and will be built according to plan.
9.

Enforcement

a.

The Impact Thresholds and Performance Standards described above will be

applied to any active development project within the Town of Snowmass

Village. Additional Standards and Regulations pertaining to Construction
Management can be found in Snowmass Village Municipal Code Section 1810.

b. As a guiding principle, the Town' s enforcement tools will be applied firmly and

consistently in order to develop a reasonable expectation on the part of the
development community and to ensure greater compliance with established
limits.

c. The Town' s enforcement policy, which clearly identifies the steps to be taken
and remedies pursued in events of non- compliance can be found in SVMC
Section 18- 10.

Construction Coordination
And

Construction Information Initiatives

Construction Coordination

A Construction Coordinator will be employed by the Town of Snowmass Village to
actively engage developer and contractor representatives for all active construction
projects throughout the Village. This group will meet regularly to discuss and
coordinate activities to ensure compliance with adopted tolerance thresholds of the

Construction Coordination and Impact Mitigation

Plan ( CCIMP) and other Town

regulations concerning construction management. The Construction Coordinator will
serve as a single point of contact regarding construction coordination and information
and

will

work

with

all

developers/ contractors,

traffic

control

contractors,

and

communicators to meet several of the objectives discussed in the CCIMP.

The
Construction Coordinator' s job description is attached for further clarification on the
roles and responsibilities of this individual.

Construction Information Initiatives

The Town' s Community Relations Department will work closely with developers and
contractors to collect construction- related information on a weekly, or as needed,
basis. This information will be compiled and disseminated to the public in a number of
ways.

Under the lead of the Community Relations Department a representative

group of communicators will be responsible for all internal processes to facilitate the
sharing of construction information.
Information Action Plan
I.

Meet with marketing partners and conduct focus groups to
create positive messages and start developing the plan. Build
consensus on how to approach the initiative. ( This will be an

ongoing action item).
ll.

Engage the public in a series of outreach meetings and small

group meetings with local business owners & managers,
homeowners associations and community groups. (This will be
an ongoing action item).
III.

Create a toolbox for the communications plan to include but
not be limited to:

Seasonal Newsletters: 1) Designed to focus on the

guest experience ( what they can expect) 2) Designed
to inform residents and employees.

Weekly combined print ads in the Snowmass Sun:
Construction Updates.

Website: Creation of one website that every project is
linked to: Construction projects will have a link from

the main page to each individual project 2)
Construction Updates on Each Project 3) Progress 4)
Timelines 5) What' s to come.
One- on- one meetings/ outreach meetings: One of
the most effective ways to reach the citizens and

business owners is face-to-face. Contractors will be
expected to meet with businesses on a regular basis.

Comprehensive Signage: Direct users to businesses
and trails.

Create a series of maps to clearly identify
construction areas and construction impacts for

guests. Maps would be stationed around town and

sent to lodging properties, reservation holders and
prospective inquires.

Weekly E- Bulletins: Weekly communication on
construction updates town- wide —voluntary
registration.

Contact Cards: lead contact names and numbers for
each project and Town representatives.

Community Wide Survey— Guest Service Survey
I

Positive messaging and awareness to partners and

the Aspen community.
This initiative will primarily focus on town- wide construction updates, communication
on development projects, and a positive source for the town- wide revitalization effort.

CONSTRUCTION COORDINATOR
Job Description)

The hiring of a Construction Coordinator is an essential component of the Town' s
Construction Coordination and Impact Mitigation Plan ( CCIMP). This position will serve
as a single point- of-contact for construction- related information, citizen complaints,
public communications, and Town-wide project coordination efforts. This person is

generally envisioned to be someone with either a civil engineering or construction
management background, as well as excellent people skills.

Position Summary: The purpose of the Construction Coordinator is to minimize the
impacts of development projects by working directly with contractors, developers,
residents, business owners, and Town staff to coordinate and manage construction
activities within the Town limits.

Minimum Qualifications: A Bachelors Degree from a college or university in
Construction Management, Civil Engineering, Planning, or a related field. Ten ( 10)

years in construction management, zoning ( or other law) enforcement, civil engineering,

or planning. The Bachelors Degree may be substituted with any combination of work
experience and education that would likely provide the required knowledge, abilities, and
skills as the required degree.
Job Duties:

Point-of-Contact: Communication, correspondence, and meeting attendance to
provide the Town and Community-at- large with a single point of contact
regarding development activity within Snowmass Village. Meetings include Town

Council, staff, developers, utility companies, community interest groups, one-onone and neighborhood meetings, public open houses, and other events. Maintain

records documenting all communications, correspondence,

and meetings.

Coordinate with Town Community Relations Department to produce and
coordinate informational communications regarding Town- wide construction
activity. Point-of- contact extends to general public, businesses, residents, and
media.

Provide written and presentation updates on Town- wide development issues,

impacts, schedules, phasing, construction details, public comments, etc. to Town

Council, Staff, and others on a monthly basis, or more frequently, if necessary.
Provide meeting facilitation, including agenda preparation, meeting notes,
distribution, and follow- up.

Scheduling: Develop and maintain master schedules of all key construction
activities. Three schedules are to be developed and maintained:
1.

Overall Schedule — Conceptual
through

completion

of

major

phasing expressed by seasonal activity
redevelopment.

Least

detailed

schedule.

Updated once a year.

2. Three Year Schedule — Detail expressed in months with anticipated phasing
of excavations, foundations, vertical, finish, and landscaping. Updated every
6 months.

3. One Year Schedule —Detail expressed in weeks. Include phasing and project
coordination details. Updated weekly according to contractor schedules.

Each of these schedules will identify any formal decisions and/ or approvals
necessary for project development.
Project Coordination: Provide general coordination and facilitate weekly
meetings amongst all active developers and contractors, utility companies, and
relevant Town Departments and Special District staff including, fire, water and
sanitation, police, planning, and public works to address project schedules,

phasing, and construction details.
Traffic Control Management: Provide general supervision and administration of

Town-wide traffic control contract. Review and approve, in collaboration with the

appropriate Town staff, proposed methods of handling traffic.

Impact Assessment and Problem Solving: Identification and documentation of
the critical issues and problem areas anticipated or experienced with individual

projects and overall development activity levels. Endeavor to resolve all issues
as they are identified or arise. Problems areas will be documented as to issue,
involved parties, needed actions, and status.

Track Project Commitments and Changes: Provide tracking of developer and
Town commitments throughout development. For all changes to the work, track
and determine implications to individual project schedules and Town- wide
coordination efforts, and evaluate potential impacts to guests, residents, and
businesses.

Monitoring and Enforcement: Monitor and report on all environmental,
roadway, and localized impacts. Receive, investigate, and respond to citizen

complaints and inquiries regarding code and development control violations.
Coordinate and conduct regular site investigations, evaluate ongoing compliance
with applicable regulations, and provide education for violators with respect to
conduct and conditions observed. Handle communication and conflict resolution

among contractors and property owners.

Provide warning notices to developers when out of compliance with applicable
regulations or established performance specifications. Work with other Town
Departments when continued violations occur, and issue notices of violation or

stop-work orders when necessary. Prepare detailed investigative reports, and
coordinate efforts with Town Attorney and other Town departments to prepare for
litigation required to enforce code and development control regulations.

Inspect Public Projects: Provide coordination and inspection of Town projects

utility improvements, roadway improvements, etc.) to be performed by private
developers. Provide and facilitate regular coordination meetings.
As- Builts: Ensure that all " as- built' construction drawings are updated and
archived.

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An ual

2007 Construction Mitigation Cost Projections
Construction Coordinator

115, 800

Information Initiatives

122, 200

Equipment Purchases

30, 000

Miscellaneous Expenses

Total

7, 000

275, 000

Construction Coordinator
Position

Annual Fee Estimate (2007)

Non- Construction Season:

5 months x 4.33 weeks/month x 16 hourslweek @$ 77. 40lhour
26, 811. 36

Construction Season:

7 months x 4. 33 weeks/month x 30 hours/week @$ 77. 40/hour
70. 379.82

Overtime= 4 months x 4. 33 weekstmonth x 5 hourstweek x$ 125.40/ hour
10. 859.64

Reimbursables

Vehicle Expense:

13, 000 miles@$ 0. 601mile

7,800

TOTAL $ 115,850. 82

AproposalsQDOT T

of SnovmiassTrotessional Services-TOSV Construction Coordinatm.doc

Construction Information Initiative Line Items
2007

2008

2009

2010

2011

30, 000. 00

$ 32,000.00

$ 34, 000.00

$ 36, 000. 00

$ 38, 000. 00

6, 400.00

$ 6, 800.00

$ 7, 200. 00

$ 7, 600. 00

500. 00

500.00

500.00

500. 00

500. 00

500. 00

500.00

500.001

500. 00

500. 00

Contract Services

27, 200. 00

$ 28, 200.00

$ 29, 200.00

$ 29, 200. 00

$ 29, 200. 00

Operating and Maintenance
Advertising

30, 000. 00

$ 30,000.00

$ 30,000.00

$ 30, 000. 00

$ 30, 000. 00

Printing

13, 000.00

$ 14, 000. 00

$

15, 000.00

$ 16, 000. 00

$ 17, 000. 00

Public Relations

10, 000.00

$ 11, 000. 00

$

11, 000.00

$ 11, 000. 00

$ 11, 000. 00

Equipment

4, 300.00

$

Personnel Services
Payroll
Payroll - Overtime

Payroll - Benefits

6, 000. 00

rainin s Registrations
Travel

$

Purchased Services

1, 000.00

$ 1, 000.00

$ 1, 000. 00

$ 1, 000. 00

Miscellaneous

200.00

200. 00

200.00

200. 00

200. 00

Office Supplies

500. 00

200. 00

200. 00

200. 00

200. 00

500. 00

500. 00

500. 00

500. 00

Capital

Cash Purschases

otals

1$

122, 200.001 $ 124, 500.001 $ 128, 900.001 $ 132, 300.00 $ 135, 700. 00

MEMORANDUM

TO:

Snowmass Village Town Council

FROM:

Russell Forrest, Chris-Conrad, Jason Haber, David Peckler, Kathleen
Wanatowicz

DATE:

August 20, 2007

SUBJECT:

COMPREHENSIVE PLAN UPDATE— Budget & Contract Approval

I.

PURPOSE AND ACTIONS REQUESTED OF COUNCIL:

Staff is requesting final budget approval for a targeted update of the 1998
Comprehensive Plan and direction for the Town Manager to execute a contract with
Winston Associates.
II.

BACKGROUND/ NEED FOR COMP PLAN UPDATE
A.

1998 Comprehensive Plan

Purpose: The Town' s Comprehensive Plan is a regulatory document to guide
elected and appointed officials, staff, businesses, developers, property owners, and

other entities in implementing goals and objectives. Updating the Comprehensive
Plan is a community wide effort and will involve many opportunities for citizen
involvement. The Comprehensive Plan should be updated every two years.
Status: Concurrently, the 1998 Comprehensive Plan needs to be updated to reflect
approved development projects, additional carrying capacities, and future
redevelopment of the West Village. The Plan did not specifically contemplate the
level of development approved in Base Village and the current project proposed at

the Village Center. It did recognize that these areas were appropriate for more
dense commercial and residential development. The Comprehensive Plan process

will reconfirm the Town' s vision for Snowmass Village and clearly define a set a
values.

B.

West Village Revitalization

Purpose: In 2003, after experiencing nearly five years of steadily falling sales tax
revenues, and increasing concern over outdated accommodations and infrastructure

in the West Village area, the Town initiated a focused planning effort to turn these
trends around. Although sales tax revenues have been on the rise since 2004, with

the Base Village Project under way and the proposed redevelopment of the
Snowmass Center, there is an ongoing concern that the West Village/ Mall area will
be left behind.

Planning Efforts: In early 2002, the Forward Plan was published by the Village
Leadership Forum ( VLF). This group was organized to address a range of

challenges facing the Town from international resort market realities, upgrading and
reinvesting in the resort's assets, and balancing resort and community values.

Among other strategic recommendations and guiding principles, the VLF produced
the Town' s Aspiration Statement:

We aspire to be the leading multi-season, family-oriented mountain resort
community. We will do this by creating, marketing and delivering distinctive
choices for fun, excitement, challenge, learning and togetherness. All this is
done amidst our unique, natural splendor...as part of a memorable

Aspen/ Snowmass experience. Further, we wish to be seen by this as
welcoming, dynamic, convenient and successful. We will always be
responsible stewards of our environment, economy and society. When

successful, Snowmass Village will have achieved the quality of life and
economic vitality that will assure our future as a sustainable resort
community.

In 2002 and 2003, the property owners within West Village' s Mall area met with
Town staff to identify opportunities to ensure the Mall' s continued viability, prepare a
plan for West Village's future ( including redevelopment), and coordinate potential
West Village improvements with the Base Village Project.

It was agreed that the Town would take,the lead in a planning effort with the
commercial core stakeholders as active participants.

Also in 2003, the Town Council and staff led a series of public meetings to assess

the standing of Snowmass Village within the resort industry and to understand how
best to address shortcomings. A fundamental shortcoming identified was the lack of
a vital and vibrant commercial core, which prevents Snowmass Village from being
highly competitive. Necessary components to creating a successful commercial core
included critical mass of the right commercial mix, good design, and operational

excellence. A next step created as apart of this effort was to continue to work with
the West Village ownerships to develop a plan for revitalization.
In late 2003, a concept paper for West Village Revitalization was prepared for the

Town by Economic Planning Systems ( EPS). The intent of this paper was to further
explore principles from the Forward Plan specific to the revitalization of West Village.

The paper recommended creating new zone districts that supported mixed- use types
of development, and preparing a general development plan to better understand the
potential impacts and opportunities for revitalization.

The services of Bluegreen were engaged to carry this planning effort forward.
Bluegreen' s process relied on numerous past reports and studies of the West Village
area. The Town has invested in efforts to understand the deficiencies in West

Village and the best approach to move forward was to review this past work, identify
those opportunities and barriers that still have merit in helping to achieve the Town' s
goals, and verify their relevance through additional limited study with Town staff and
consultants.

In collaboration with the stakeholder group ( primarily business and property owners
and their consultants), redevelopment options were created from the best of the

previous proposals and the latest ideas coming out of Bluegreen' s analysis. Various
options were presented as potential solutions to existing conditions that should be
corrected. Over a period of more than two- years, various combinations of 36 unique
solutions were assembled to create four distinct redevelopment scenarios. These

scenarios represent the range of potential redevelopment visions from the easiest

and least costly) to accomplish to the most difficult.
In 2005 and 2006, the preferred Scenario 4 was presented to more than 12

community interest groups, including homeowners associations, lodging and
merchant groups, special district boards and Town boards. The plan was presented

during a handful of community forums and to Town Council on several occasions,
most recently in December 2006, at which time staff was directed to temporarily
discontinue efforts to move the West Village Revitalization Plan forward.

Status: To date the West Village Revitalization Plan is not complete and needs
further analysis. One developer has purchased a significant amount of commercial
and residential land area and this now presents new opportunities from a land

planning perspective. It should be noted that planning for redevelopment in the West
Village dates back to the 1980' s.

C. Mall Trans!VParkino Plaza

Purpose: The 1998 Comprehensive Plan specially speaks to a parking plaza in the
West Village. In 2002, Base Village went through a long review. A transit station
was incorporated in the arrival facility in Building 7, tangent to the loading and
delivery area. The Transportation Planner for the developer maintained that the
transit facility in Base Village would function as an interim facility between the Mail
and Snowmass Center. Upon approval of the Base Village submission, private
interests in the Mall area approached the Town to discuss the revitalization of the

West Village ( Mall) area. In reviewing the land uses for the West Village
Revitalization, the Station elements were again brought up for review. Staff began

working on the design of the Station with the land planners from Design Workshop
on conceptual layouts of transit islands for the Station. The private sector invited the

Town to participate in a Joint Development venture under FTA guidelines using the
company Urban Innovations to secure FTA funding, and to craft an agreement
between the Town and private sector on development options. FTA was contacted
to inform them of the Town' s interest to propose a Joint Development project, as

relates to grant funding activities noted above in Section 5309 grants. The FTA has
been kept informed of the progress to date on creating a Joint Development Project.
The Needs Assessment and Feasibility Study has been presented to FTA for their
approval. This document includes appraisal of Town property that may be impacted
by West Village Redevelopment.
Status: Town Council has approved Urban Innovations to move forward with

completion of the following tasks:

Coordinate submission of National Environmental Policy Act ( NEPA) assessment
to the Town by the engineering firm;

Establish financing mechanism ( cost sharing % between Developer and Town)
for Joint Development planning funding;
Coordinate filing of Planning Grant application with FTA(CDOT for additional
planning funding;
Arrange receipt of Developer planning funds.

New Information: An Environmental Assessment was completed covering an
assessment over parking lots 3- 10. Staff is reviewing the draft for Categorical
Exclusion status by FTA.
A new RFP will be released for architectural and design work upon completion of the
update of the comprehensive plan. The Transportation Department will continue to

work on keeping the project positioned for FTA funding. At a planning meeting for
the Colorado Transit Coalition at the Colorado Association of Transit Agencies, the

Town will be proposing a 2010 construction date for the project at that meeting. The
Town has some funding from CDOT set aside for architecture/ design work once the
Environmental Assessment is completed. The Town is waiting for CDOT to draft the
agreement for these funds. CDOT is working on the 2008 and 2009 grant requests.
A major component of a targeted update of the comprehensive plan is to update the
Transportation plan for the Town.

D. Goals for Plan Update

The Town Council approved the following goals for updating the Comprehensive
Plan:

a.

Refine and provide definition to the Town' s vision for the future through a

community- based process.

b.

Ensure future development works within the carrying capacity of the
community.

c.

Complete the West Village planning process as part of a comprehensive plan
update so that: community goals can be realized in this commercial area, new

development does not exceed the community' s carrying capacity, the three
commercial nodes can complement each other, and transit oriented

development can effectively be integrated with other public and private uses in
the area.

d. Update critical areas of the 1998 Comprehensive Plan, ( including, but not
limited to: Economic and market needs identified in Chapter 3, Transportation

Plan, and Employee Housing Needs) that needs to be updated as the result of
development that has been approved and as the result of the physical planning
for the West Village.

e. Provide clear guidelines for new development and identify needed public
benefits.

E.

ACTIONS TO DATE ON COMPREHSIVE PLAN PROCESS
The Town issued a request for proposals to complete a targeted update of
the Comprehensive Plan on June 5, 2007. The Town received 5 proposals.
Four teams were interviewed after an initial staff review of the proposals.

On July 9h, the Town Council approved a 5-person steering committee,
which included 2 Council members and 3 planning commissioners.

On Thursday, August 2nd the Comp Plan Steering Committee and Town Staff
interviewed four consulting teams to guide the update to the Comprehensive
Plan and continue work on the West Village Mall plan. Each team gave a
presentation and answered questions from the panel. After discussion and a

group vote we ranked the following consulting teams in this order:
i.
ii.

Winston and Associates
Rock Creek Studio

iii.

Elk Mountains Consulting Group

iv.

EDAW

The above- mentioned ranking was based on a set of criteria derived from the
goals of the project. It was felt that Winston and Associates had the best

understanding of the needs of the project and had the best qualifications in

transportation planning, market analysis, and creative land planning.
III.

ACTION REQUESTED OF COUNCIL

1) Staff is requesting authorization for entering into a contract with Winston
Associates to not exceed $ 236, 971.

Since the original budget, staff reviewed the

transportation planning proposed and that scope increased based on input from the

Transportation Department and needs for FTA funding in the future. This increase is

offset by available EOTC funding to pay for transportation planning. The steering
committee also asked for more time from Ian Thomas ( market consultant) that also
increased the total cost. Participation from 4140 architects was eliminated in the
contract. Attachment A includes the draft contract and scope of work for Winston
Associates.

2) Staff is requesting budget approval for the overall project. The total project
budget is summarized below. The other major element of this project (aside from the

Winston Contract) includes cost for communication with the public and paying for public
meetings. Specifically the communication costs above include:
Three public meetings at the Conference Center with Food, Beverages, and
Audio Visual: $ 9, 000.00 ($ 3, 000 each)

Four small focus group meetings with food and beverage: $800. 00 ($ 200
each)

Advertising for meetings, weekly informational ads with project updates:
4, 800. 00 ( 24 1/ 4 page ads for $200 each over 6 months)

Weekly a- news blasts on Comprehensive Plan progress: $ 4, 200 ($ 700/ mo. x
6 months)

Design Costs and printing collateral for State of Snowmass Reports:
1, 200. 00

Mailings to post- office box holders and businesses: $ 3, 000 (Three mailings at
1, 000 each)

Color copying and miscellaneous printing: $ 1, 000
Final results inserted into the Snowmass Sun and distributed around
town in an annual report format: $ 5, 000

The sources describe the funding needed from the general fund and the funds

available from the EOTC for the transportation- planning component of the

project. The uses summarize the costs of the project, which include the contract
with Winston Associates, and costs associated with communications and public
meetings. The total requested budget allocation from the general fund is
209,471.

Sources

Uses

Winston Associates- Prof Fees ( excluding
General Fund

209,471 trans oration planning)

150,925

EOTC funding for Transporation
Planning

56, 500 Winston Contract- Trans roation Planing
Winston Contract- Riembursabes

Total Contract Amount Sum of above values $
Communications/ Public Meetings
Total

1$

265,971 ITotal

U:\ 07 COMP PLAN\ COUNCIL MEMOS OTCompplan082007.doc

56, 500
29, 546

236, 971

29, 000
265, 971

TOWN OF SNOWMASS VILLAGE/ Winston Associates

Targeted Comprehensive Plan Update
AGREEMENT

THIS AGREEMENT for services is made and entered into on this 15th day of August 2007, by
and between the Town of Snowmass Village, a Colorado municipal corporation ( the "TOWN"
and/ or" CLIENT"), and Winston Associates, Inc. (" WAI" and/ or" CONSULTANT").
WITNESSETH

WHEREAS, the TOWN requires professional consulting services to prepare a targeted
comprehensive plan update to the Town of Snowmass Village Comprehensive Plan, completed in

1998 for the Town of Snowmass Village ( hereinafter referred to as the " PROJECT"); and
WHEREAS, the CONSULTANT is qualified and has the requisite expertise and experience to

perform the required services for the PROJECT.
NOW, THEREFORE, for and in consideration of the promises contained in this AGREEMENT,
TOWN and CONSULTANT agree as follows:
7.

SCOPE OF SERVICES

Basic services to be performed by CONSULTANT shall consist of services described in
EXHIBIT A: SCOPE OF SERVICES" of this AGREEMENT.

Changes to the Scope of Work. The TOWN may at any time, by written order, make changes
within the general scope of this AGREEMENT and in the services to be performed. If such changes

cause an increase or decrease in CONSULTANT' S cost or time required for performance of any
services under this AGREEMENT, an equitable adjustment shall be made and this AGREEMENT

shall be modified in writing accordingly.
Commencement of Work.

Final execution of this CONTRACT by certified signature of the

TOWN' S authorized representative shall be deemed a " Notice to Proceed". CONSULTANT shall

commence services on the PROJECT within 5 business days of receiving an executed copy of this
AGREEMENT.

Work Stoppage and Delays.

CONSULTANT will use reasonable efforts to complete the

PROJECT according to the proposed schedule from notice to proceed, subject to the TOWN' S
performance and compliance with this AGREEMENT and other factors beyond the Control of the
CONSULTANT.

Standard of Care.

CONSULTANT shall be responsible for the professional quality, technical

accuracy, timely completion, and coordination of all services provide by the CONSULTANT, its
subcontractors and CONSULTANTS, and their principals, officers, employees, and agent underthis

AGREEMENT. In performing the specified services, CONSULTANT shall exercise the same
degree of care, skill, and diligence as is ordinarily possessed and exercised by professional
planners, engineers or CONSULTANTS performing the same or similar services at the time such
services are performed.

Snowmass Village Comprehensive Plan Focused Update Contract
Winston Associates

1

2.

PERSONNEL

The CONSULTANT agrees that the principal personnel responsible for the performance

of this PROJECT will be:

WINSTON ASSOCIATES

Jeffrey Winston

Millissa Berry
Paul Glasgow

THOMAS

CHARLIER ASSOCIATES

CZB, LLC

CONSULTANTS

Jim Charlier

Charles Buki

Ian Thomas

Jacob Riger

Scott McCarey
od

The CONSULTANT agrees that no substitute of these personnel shall be made without

the prior approval of the TOWN. The CONSULTANT represents that its personnel

engaged in this project are fully qualified and properly trained to perform the services
related to this AGREEMENT. None of the services provided for in this AGREEMENT

including personnel shall be modified without the prior written approval of the TOWN. In
addition, the CONSULTANT and all subconsultants shall not work for any private

developer in the Town of Snowmass Village during the time of this contract, nor shall
they accept any work without the TOWN' S consent from any private developer in the
Town of Snowmass Village within Two ( 2) years of completing the Scope of Services to
be performed under this AGREEMENT.

3.

TIME OF PERFORMANCE, SCHEDULE AND DELIVERABLES
The services set forth above shall commence on the date of this AGREEMENT specified

above and shall be completed prior to the end of February 2008. In the initial meeting
the CONSULTANT will discuss the goals of the study and determine what information is
available to the PROJECT team. Based upon that discussion, and upon receipt of the

TOWN' S written consent and/ or direction, the CONSULTANT will make any necessary
changes to the Scope of Services.
4.

COMPENSATION

CONSULTANT shall prepare monthly invoices and submit for TOWN review and

approval by the 15`h of each month. Invoices shall be in a format acceptable to the
TOWN, and shall describe the hours spent on PROJECT by phase, hours worked by

employee, the hourly rate for the work performed, and all reimbursable expenses.
Payment shall be due within 30 days after receipt and approval of the invoice by the
TOWN.
Total Compensation ( fees plus expenses) shall not exceed without written
authorization of the TOWN:

236, 971. 00

Within the amount of Total Compensation ( above), reimbursable expenses shall not
exceed: $ 29, 546. 00

Snowmass Village Comprehensive Plan Focused Update Contrail
Winston Associates

2

The fees and expenses noted above are to be paid for services described in " EXHIBIT
A: SCOPE OF SERVICES."

Fees and expenses shall be billed in general accordance with " EXHIBIT B: FEE
ESTIMATE," and shall be in accordance with CONSULTANT' S and each
subconsultant' s Rate and Expense Schedule, which shall be made available to the
TOWN upon request. Winston Associates, Inc. shall administer all subconsultant

contracts and billing and reserved the right to adjust fees and expenses between tasks
and consultants as necessitated by the requirement of the work.
Of the Total Compensation above, the amount that can be attributed to Transportation-

related planning is a total of$ 56, 500 ($ 47, 500— Charlier Associates and $ 9, 000—
Winston Associates).

5.

OWNERSHIP AND DELIVERY OF DIGITAL AND RESEARCH PRODUCT

All designs, plans, and documents produced by the CONSULTANT and/ or their
subconsultants under the Scope of Services of this AGREEMENT shall become the

property of the TOWN, and it is agreed that the CONSULTANT and/ or their subconsultants
shall not retain any proprietary rights to said designs, plans and documents.
All digital files developed under the terms of this AGREEMENT shall be provided in a format
acceptable to the TOWN. Within 30 days of the completion of the Scope of Services to be

provided under this AGREEMENT, and upon receiving final payment from the TOWN, WAI
shall provide all digital files created during the term if this AGREEMENT in a format
acceptable to the TOWN. The TOWN and the CONSULTANT shall identify and agree upon
the acceptable digital formats to be used for text and graphics files prior to commencement
of the PROJECT.

All reports, drawings, specifications, computer files, field data, notes and other documents

and instruments prepared by the CONSULTANT and/ or their subconsultants as instruments
of service shall become the property of the CLIENT upon completion of the services and
payment in full of all monies due to the CONSULTANT. The CONSULTANT shall retain all

common law, statutory and other reserved rights, including the copyright thereto. The
CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
CONSULTANT, its officers, directors, employees and subconsultants against any damages,

liabilities or costs arising from or allegedly arising from the unauthorized reuse or
modification of the documents by the CLIENT.
6.

INDEPENDENT CONTRACTOR

The CONSULTANT is an Independent Contractor, and nothing contained in this
AGREEMENT shall constitute or designate the CONSULTANT or any of the
CONSULTANT' S employees as agents or employees of the TOWN. Further, it is
agreed that:

The TOWN does not require the CONSULTANT to work exclusively for them; and

The TOWN may supply documents and plans, identify sites, suggest uses, and
provide instructions as to what the CONSULTANT' S work should include; but will not
instruct the CONSULTANT as to how the work will be performed; and
The TOWN reserves the right to terminate the AGREEMENT if the CONSULTANT
Snowmass Village Comprehensive Plan Focused Update Contract
Winston Associates

3

violates the terms of the AGREEMENT or fails to produce a result that meets the
specifications of the AGREEMENT; and
Payment for services rendered pursuant to this AGREEMENT will be made to the
trade or business name of the provider of services, rather than to the individual; and

The TOWN does not in any way combine their business operations with those of the
CONSULTANT.

THE CONSULTANT AS AN INDEPENDENT CONTRACTOR IS NOT ENTITLED TO
WORKER' S COMPENSATION BENEFITS AND THE CONSULTANT IS OBLIGATED

TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED.
7.

INSURANCE

The CONSULTANT shall obtain and maintain in force for the term of this AGREEMENT

the following insurances:
Comprehensive general liability ( including personal injury) in an amount not less than
one million dollars ($ 1, 000, 000.00) per occurrence and not less than two million

dollars ($2, 000, 000. 00) annual aggregate; and

Shall ensure that all subconsultants also have general liability provisions ( including
personal injury) in an amount not less than one million dollars ($ 1, 000, 000.00) per
occurrence and not less than two million dollars ($ 2, 000, 000. 00) annual aggregate.
8.

NO WAIVER

No waiver of any of the provisions of this AGREEMENT shall be deemed to constitute a
waiver of any other provision of this AGREEMENT, no such waiver shall constitute a
continuing waiver unless otherwise expressly provided, nor shall the waiver of any

default of the terms of this AGREEMENT be deemed a waiver of any subsequent
default.
9.

INDEMNIFICATION

The CONSULTANT shall be responsible for damages to persons or property caused by
them, their subconsultants, employees or representatives, which may arise from their
negligent or wrongful performance of this AGREEMENT, and shall indemnify and hold

harmless the TOWN and its officers and employees from any claim or action brought by
reason thereof. The CONSULTANT' S obligation to indemnify the TOWN as set forth in
this AGREEMENT shall survive the termination or expiration of this AGREEMENT.
10.

TERMINATION

The performance of services provided for in this AGREEMENT may be terminated at

any time in whole or, from time to time, in part by the TOWN for its convenience. Any
such termination shall be effected by delivery to the CONSULTANT of a written notice
specifying the date upon which termination becomes effective. This AGREEMENT may
also be terminated by the CONSULTANT in the event of a material default of any of the
terms and conditions of this AGREEMENT by the TOWN, provided the CONSULTANT
has first provided the TOWN with written notice of the default and the TOWN shall have
failed to cure the specified default within seven ( 7) days of receipt of the notice. In the
event of termination, the CONSULTANT shall be paid on a pro- rata basis for services
Snowmass Village Comprehensive Plan Focused Update Contract
Winston Associates

4

satisfactorily completed prior to the date of termination and for the expenses prior to the
date of termination.
11.

JURISDICTION, VENUE, ATTORNEY FEES

The jurisdiction and venue of any suit or cause of action to enforce the terms of

AGREEMENT shall lie in Pitkin County, Colorado. Should either party to this AGREEMENT
bring suit to enforce this AGREEMENT, it is agreed that the prevailing party shall be entitled

to recover its costs, expenses and reasonable attorney fees. A prevailing party is a party
that shall have obtained a final judgment or order no longer subject to appeal and that

determines said parry has substantially prevailed in the action. In the event of a settlement
before final adjudication, both parties shall bear their own respective costs, expenses and

attorney fees unless otherwise agreed.
12.

NOTICE

Any notice provided for in this AGREEMENT shall be deemed given if received by the
parties at the following addresses:
Town of Snowmass Village
ATTN: Russell Forrest
PO Box 5010

Snowmass Village, CO 81615
Phone ( 970) 923- 3777
CONSULTANT
ATTN: Jeff Winston
Principal

Winston Associates, Inc.

4696 Broadway
Boulder, CO 80304

Phone: 303- 440- 9200 Fax: 303- 449- 6911
13.

ASSIGNMENT

This AGREEMENT is for expert services of the CONSULTANT that may not be assigned
without the prior written consent of all parties to this AGREEMENT.
14.

COMPLIANCE WITH LAW

The CONSULTANT will not perform any of the services provided specified in this
AGREEMENT contrary to any applicable local, state, federal, or county law.
15.

SEVERABILITY

Should any section of this AGREEMENT be found to be invalid, all other sections shall
remain in full force and effect as though severable from the part invalidated.
16.

DISCRIMINATION

The CONSULTANT shall not discriminate against any employer or applicant for
employment because of disability, race, color, age, sex, religion, or national origin.

Snowmass Village Comprehensive Plan Focused Update Contract
Winston Associates

5

17.

INTENTION OF THE PARTIES

This AGREEMENT contains the entire intention of the parties and may only be changed

by a written document signed by the parties.
18.

EXECUTION

The parties have executed this AGREEMENT on the date specified above.
TOWN OF SNOWMASS VILLAGE, a Colorado municipal corporation

By:
Russell Forrest, Town Manager
Attest:
Rhonda Coxon, Town Clerk

CONSULTANT: WINSTON ASSOCIATES, INC.

By:
Print:
Title:

Attest:

Snowmass Village Comprehensive Plan Focused Update Contract
Winston Associates

6

EXHIBIT A
DETAILED SCOPE OF WORK
In the detailed scope ofwork below we have listed anticipated key tasks, and items outlined in the Town of Snowmass
Village Comprehensive Plan Update- Request for Proposal.

The Town Council approved the following goals for updating the Comprehensive Plan:
a. Refine and provide definition to the Town' s vision for the future through a communiry- based process.
b.

Ensure future development works within the carrying capacity of the community.

c.

Complete the West Village planning process as part of a comprehensive plan update so that: community

goals can be realized in this commercial area, new development does not exceed the community' s
carrying capacity, the three commercial nodes can compliment each other, and transit oriented

d.

development can effectively be integrated with other public and private uses in the area.
Update critical areas of the 1998 Comprehensive Plan( including, but not limited to: Economic and
market needs identified in Chapter 3, Transportation Plan, and Employee Housing Needs) that needs to

be updated as a result of development that has been approved and as the result of the physical planning
for the West Village.

e.
TASK 0:

Provide clear guidelines for new development and identify needed public benefits.
ADMINISTRATIVE TASKS

Many of the tasks listed in this Section are continuous through the entire process ( memos, website updates and staff
coordination). There are also public participation tasks within other phases of the project. Furthermore, many of

these tasks will occur concurrently, as a multi-faceted approach, rather than a solitary linear series of events.
TASK 0.1

WEBSITE SETUP AND UPDATE. Creation of the website will occur after meeting with TOSV Staff( see
Task 1). The website will be created by TOSV Staff with input by the Consultant team. The website will
be updated with findings and postings throughout the process. Both parties will participate in the website

updates as necessary: TOSV will host and update the site; graphics, materials and information provided by
Consultants.

TASK 0.2 STAFF COORDINATION. Bi-Weekly staff meetings ( phone meetings, net meetings and meetings in
Snowmass Village/ Boulder) and miscellaneous project coordination will be held for the duration of the
Comprehensive Plan process between TOSV Staff and Winston Associates.

TOSV Staff involvement is a

key to the success of this process. TOSV Staff is expected to participate in departmental work sessions to

identify key concepts/ Levels of Service/ future plans/ etc., attend meetings, retrieve appropriate data,
receive and transfer existing documents to Consultants, review and comment on draft elements, track
comments received by TOSV Staff, and participate in work sessions to help develop the concepts.
TASK 0.3 COMMUNICATION. The Town will cake the lead with ongoing communication with the community.
The Consultant will provide ongoing consultation on Stakeholders communication and as directed by the
Town directly assist with communication whether in telephone calls, email, graphics, or providing content
for the project website. TOSV Staff will be responsible for public mailings associated with Comprehensive
Plan update process.

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TASK 0.4 REFINEMENTS TO THE SCOPE OF WORK. Based on a meeting with TOSV Staff,Winston Associates will
do a final review of the general project approach, priorities and adjust tasks and schedule as appropriate to

create an engaging schedule, meet project objectives and set dates for key meetings within the 6 month
timeframe. The Consultant, with assistance by TOSV Staff,will be responsible for creating the specific
schedule and associated graphics to communicate to staff,boards, and the community as a whole and
TOSV Staff will aid in its development.
TASK0. PRODUCTS1DFLWERABLES:

1.

Content for the TOSV Comprehensive Plan website.

2.

Summaries of bi-weekly staff meetings.

3.

Finalized project schedule and scope.

TASK 1:

TASK 1. 1

PRELIMINARY ANALYSIS

PRELIMINARYDATA COLLECTIONAND REVIEW. The Consultant Team will collect and review

available documents and key data pertaining to the Comprehensive Plan, including the 1998 Snowmass
Village Comprehensive Plan, and draft work done to date on planning related to the West Village.
Current Comprehensive Plan review will include identification of current and future issues to focus the

activities of the Comprehensive Plan. This data review will create the basis for developing draft goals and
objectives of the Comprehensive Plan. Staff work session with Planning Commission to identify
deficiencies and conflicts in current comp plan. Results will be provided to Consultants for use and
development of update.

The Consultant Team will analyze and document important information that will be key to the update of
the Comprehensive Plan including:
demographic trends

housing conditions

employment

environment

land use and zoning

development trends and activity

infrastructure

transportation

economic base

This task also includes review and analysis of the community surve . This information will be used to
create the State of Snowmass Village Report Card, to be prepared by staff and described in Task 2. 5.
TASK 1. 2 ORGANIZE INITIAL PROJECT KICK-OFF MEETINGS. The Consultant Team and Town Staff will meet
to:

Identify information needs,
Prepare and send agendas( and questionnaires) for the kick-off meetings,
Establish coordination procedures with TOSV Staff,

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Identify criteria and responsibilities of the Steering Committee ( SC) and Technical Advisory
Committee( TAC) if a TAC is seen as warranted,

Identify key Stakeholders,
Review and select Comprehensive Plan outline, elements, format, and content.

The steering committee for this process would include both Planning Commission and Town Council
representatives. TAC members will consist of TOSV departmental specialists and any others deemed

necessary to provide technical direction for the Comprehensive Plan Consultant Team. TOSV Staff,with
input from Winston Associates, will be responsible for identifying candidates and formally inviting SC and
TAC members to participate. Staff will invite Stakeholders to participate at kick off meetings/ interviews.
TASK1. 3

KICK-OFFMEETINGS

We propose a 2- day intensive series of activities for the initial site visit. This will be beneficial for travel
costs, schedules, as well as a focused, consecutive effort for the Consultant Team and TOSV Staff, Town

Council, Planning Commission, Technical Advisory Committee( TAC), and Steering Committee( SC).
Meeting topics:

Clarify roles and responsibilities, particularly the role the Council desires for the Planning
Commission, TAC and SC;

Assign Kitchen Table Discussion( conversations between Planning Commission/ Town Council and
citizens) charge,

TOSV Staff will identify specific areas of the Comprehensive Plan that are outdated and need to be
updated,

Review the Town' s Vision from Council and Planning Commission' s perspective, discuss its
substance, horizon,

Conduct a" Strengths, Weaknesses, Opportunities and Needs"( SWON' s),

A goal of this meeting is to have Town Council and the Planning Commission members convey to the
Consultant Team what is working and what is not working in Town of Snowmass Village, what questions
does the Comprehensive Plan need to answer and what are the Town' s main priorities.

TASKI. 4 STAKEHOLDER INTERVIEWS.

The Stakeholder interviews will assess issues, concerns, existing plans,

community needs, and health of public services. The Consultant Team will conduct interviews with
identified key Stakeholders of the community to get an understanding of their specific needs, ideas, goals,

views. Winston Associates and Staff will coordinate ensuring all community Stakeholder groups( business
leaders, local home builders, and key property owners, etc) are invited to participate in the public process
and determine subject of focus group interviews.

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TASK 1. 5

TOSVSTAFF/ CONSUL TANTMEETINGS. TOSV Staff and Consultants to discuss outline and contents of
comprehensive plan.

TASK 1. 6 SUMMARIZEKICK-OFFMEETINGS. Winston Associates will prepare a summary of SWON' s, vision and
other input then will review findings with Town Staff.

TASK 1. 7 DEBRIEF WITH TOSVSTAFR SCAND TECHNICALADVISORY COMMITTEE( T,4Q. We recommend

conference call or internet meeting for this debriefing.
TASKl: PRODUCTS/ DELIVERABLES:

1.

A summary memorandum outlining findings from the kick-off Development meetings.

TASK2:

DETAILED ANALYSIS

The following analyses will be conducted to address key issues of the 1998 Comprehensive Plan that need attention.
The analysis will be the basis of the Comprehensive Plan Update document described in Task 6.
T.9SK2. 1

TRANSPORTATIONANALYSIS. The Charlier Associates will review the Transportation Plan for the Town

to analyze road infrastructure and levels of service, transit and transit facilities, parking, lift connections
between commercial villages, and pedestrian connections. A traffic analysis update for the Town of

Snowmass Village will be prepared to determine if the existing and proposed development will have an
impact on the level of service for the Town' s road systems and evaluate if all major transportation modes

are viable travel options. Analysis will meet the Cross Cutting Requirements for an FTA grant eligible
project.

T4sK2.2

EvAL UATING THE CARRYING CAPACITY OF THE COMMUNITY. The Consultant Team( Winston

Associates, Charlier Associates, czb LLC, Thomas Consultants) will identify key limiting factors for
growth for TOSV to determine an appropriate carrying capacity for the Town and develop indicators to
track sustainability as development and change occurs in the area.
1ASK2.3 MARKETANALYSIS. A retail/ commercial/ lodging/ hotel and conference market analysis for potential new

commercial uses will be conducted by Thomas Consultants. This work will identify current and future
customer base and account for seasonal variations. It will include recommendations on retail and lodging
brands and types expected to be most successful in the future and provide recommendations on other

amenities( public amenities, recreational uses, conference facilities, arts facilities) that would help attract
future guests/ customers.

T4SK2.4 HOUSINGANALYSIS. Czb, LLC will conduct a housing analysis will be conducted to evaluate the current

housing conditions, demands and needs for the community. It will include an evaluation of the current
affordable and employee housing programs and determine affordable housing demand and need in the
future and provide recommendations for the current program.

TASK2.5

STATE of SNOWMASS VILLAGE REPORT.

To be prepared by TOSV Staff with Consultant Team

Winston Associates, Charlier Associates, Thomas Consultants, czb LLC) input.

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TASK2: PRoDucrs/ DELrvERABLEs:

1.

Summary memorandum of Transportation Analysis.

2.

Summary memorandum of Carrying Capacity Analysis.

3.

Summary memorandum ofMarket Analysis.

4.

Summary memorandum of Housing Analysis.

5.

Information for State of Snowmass Report.

TASK 3:

EXISTING CONDITIONS/

TASK3. 1

CARRYING CAPACITY REPORT TO PUBLIC

PREPAREFORPUBLICMEETING# I.

TASK 3. 2 PUBLIC MEETING# 1. Public meeting to present State of Snowmass Village Report ( prepared by TOSV
Staff) and preliminary results of Carrying Capacity Analysis.
TASK3.3 PROCESS CHECK WITH TOWN COUNCIL. The Consultant Team will present a review of the update process

to Town Council and based on previous work done, will advise on whether the West Village Area Plan
work should be a separate document.

TASK3: PRODUCTS/ DELivERABLEs:

1.

Process Update Report.

TASK4:

PUBLIC WORK SESSIONS

TAsK4.1 ' 2) RYRUN° WORKSESSIONWITHT0SVST4FFANDWINSTONASSOCIATEs. Technical review ofcharrette

process, assumptions and parameters. A V/: day meeting with extended TOSV Staff( TAC) including site
visit to review information on West Village area and determine knowns particular to the West Village such
as:

Land Use/ Zoning conflicts and opportunities,
Circulation/ Transit issues,

Infrastructure conditions, needs,

Economic Trends/ Sales Tax,

Parking,
Housing Needs,
Environmental issues,

Life/ Safety,

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Visual character.

T4sK4.2 STEERING COMMITTEEMEETING. Consultants to meet with SC to preview public work sessions.

T4SK4.3

PREPAREFOR PUBLIC WORK SESSIONS.

The Consultant Team will prepare base information for the

charrette, compile and evaluate existing urban design conditions in Snowmass Village and the West
Village Sub- area. Information required includes: topographic information, building footprints, roof
heights. The Consultant Team will produce a synthesis memo on the work done on the West Village to

provide a basis for the planning done in this update. The report will also include information derived
from the market analysis, housing review, and other technical work performed in Task 2
TASK4.4 PUBLIC WORKSESSIONS. 3- day timeframe to discuss the community values, vision and West Village Area.
Winston Associates, Charlier Associates, Thomas Consultants).

PUBLICLIMLOGUE# 1( FIRSTEVENING)

The first evening meeting( Public Dialogue# 1) will focus on the community values and vision.
Topics to be covered at Public Dialogue# 1 include:

Planning 101 presentation— what is a Comprehensive Plan, how does it fit into the overall
regulatory framework, scope and schedule for the Comprehensive Plan update;
Review of the State of Snowmass Village Report Card and Carrying Capacity;
Keypad Polling exercise— E- Democracy- Keypad polling system will be utilized to evaluate real
time public opinion of personal values, relative importance of environmental characteristics,
attitudes toward various growth patterns;

Creation of a vision and goal areas to achieve that vision including postcards from the future.

A third parry may be retained by the Town to facilitate Public Dialogue# 1.
PUBLICDIALOGUE# 2( SECOND E VENrNG)

The second evening meeting ( Public Dialogue # 2) will report the progress of the West Village Work
Sessions and relate them to the community vision.
DAYTLNE WORKSESSIONS

THE DAYTIME WORK SESSIONS WILL FOCUS ON DEVELOPING WEST VILLAGE AREA ALTERNATIVES. The

daytime work sessions will also be in a charrette format. The series of work sessions will focus on the

physical planning of the West Village. This will be an interactive design process, incorporating TOSV
Staff, area property owners, local designers and architects, several professional consultants ranging from
urban design to economics and the public. The mission will be to develop design/ planning constraints and
objectives( guidelines or a' framework plan') and then to create one or two hypothetical proposals that will
test the framework plan and lead to refined future design guidelines for this area. Assistance will be

provided by a to-be- determined local expert on construction costs.
Goals for the workshops include:

Identify public needs for the commercial area,

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Analysis of infrastructure( utilities, streets, parking),
Analysis of existing parking,

Address land uses including non-conforming uses
Receive input for plan alternatives,
Development of principals for the West Village Area,

Develop and review plan alternatives,
Develop a preferred plan based on community input,

Develop design and development parameters and guidelines for the area,
Discuss implementation strategies.

The team members will give form to the goals and objectives, developing a framework to guide
development ( building envelopes, views to be preserved, key circulation objectives, various densities and
types of residential and mixed use, etc.). Topics and themes of the charrette will include:

Should there be an architectural consistency? A theme?,

Do we need to regulate uses? How?( horizontal zoning?),
Height— Should this area be consistent with heights seen in the Village Center and Base Village?
Lower? Higher?,

Can we provide adequate parking and yet create a more pedestrian- friendly setting?,
What are the building bulk and mass objectives? How can they be regulated with some flexibility but
yet maintain a predictable end result?,

Vehicular, transit and pedestrian circulation needs/ improvements,

Landscaping,
Signage.

We intend to use interactive 3D modeling as a tool to provide immediate feedback. A special emphasis will

be placed on projected residential and non- residential development within the study area and to specify the
desired development patterns and locations ( density and design). The use of 3- D graphics will help
communicate design, massing and scale and well as how the development will interact and connect to
adjacent properties. The 3D modeling team will generate still photos Upeg or tiimages) to show" before
and after" development conditions.

At the midpoint in the charrette, we will rely on Charlier Associates to provide verification that the

concepts are reasonably close to sustainable levels of traffic, transit and parking. At the conclusion of the

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charrette we will hold a brief open house to solicit final comments and insights. The format will include a

formal presentation as well as opportunity for casual inspection.

The Consultant Team will work closely with TOSV Staff to ensure all community Stakeholder groups are
invited and franchised in the process. TOSV Staff will formally invite Stakeholders. The Consultants will
schedule drop-in periods for local architect( s), land owners/ developers in the area, residents, Town staff,
Council/ PC, etc. Location an arrangement of Public Meeting will be done by Staff. Refreshments will be
provided Staff:

PUBLICDL4L000E# 3( OPENHOUSE)

To complete the work sessions, there will be a open house to summarize progress on the West Village

alternatives and discuss implications for the community vision to the Planning Commission, Town
Council, SC, TAC and public.

TASK4.5 SUMMAR/ ZE Pa' DISSEMINATE. Winston Associates will summarize input from Public Meeting Series and
prepare results to be posted on project web site.

T.4SK4: PRODUCTS/ DELivmBLES:

1.

Summary memorandum of content and input received from Public Meeting Series# 1, including community
values, and goals to achieve those values.

2.

Summary of transportation- related data and information assembled.

TASK 5:

REFINEMENT OF WEST VILLAGE SUBAREA PLAN

TASK5. 1

PLANDEVELOPMENT. The Consultant Team will refine alternatives for the West Village Subarea.

TASKS.2

DESIGNWORKSESSION. The Consultant team will refine and consolidate the alternative plans with

TOSV Staff and jointly select a preferred plan. TOSV Staff and Sub- consultants will clean up and refine
the charrette designs and models. The specific goal of this work-session is to develop two options and
define the development parameters for those options.

Evaluation considerations will include:

Parking needs/ ratios( surface and structured)
Land use

FAR( floor area ratios)
Vehicular and pedestrian circulation

Evaluation of building heights in the commercial/ Commercial high density zones

Financial Feasibility Check.

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From the Staff work session we will develop the following deliverables:

Two site plans reflecting the two alternatives for the West Village Subarea.
Recommendations on height, density, uses, site coverage and other development parameters.
Development of recommendations on architectural themes or alternative themes.
Prepare a PowerPoint presentation that incorporates the above mentioned deliverables

TASK5.3

STEERING COMMITTEE MEETING. Consultant and Steering Committee meeting to preview preferred
alternative and implementation concepts.

TASK5. 4

PUBLICMEETvvG# 2( 0PENHOUSE). Open house to present alternatives and implementation strategies.

TASK 5.5 WEST VILL.AGEIMPLEMENTi1TIONPLAN. The Consultant Team will develop and document an
implementation plan that would include a summary of public benefits that would be required in the area
and a plan for how chose improvements would be financed, built, and operated over time.

Report will meet the FTA Cross Cutting Requirements for grant eligible projects.
Ti4SK5: PRODUCTS/ DELIVERABLES:

1.

Synthesis Memo.

2.

Summary memorandum of Consultant/ SC/ Staff work session.

3.

3D model and plans reflecting the two alternatives for the West Village Subarea.

4.

Recommendations for guidelines on height, density, uses, site coverage, architectural themes and other
development parameters.

5.

Summary of Public Meeting# 2.

6.

PowerPoint presentation that incorporates the above mentioned deliverables.

TASK6:

TASK 6.1

PLAN DEVELOPMENT

CONSULTANTI TOSVSTAFFWORKSESSION. Ina work session, the Consultant Team will work with

Town Planning Staff to provide plan input and consolidate preferred elements into Preferred

Alternative Plan/ Draft Comprehensive Plan( focusing primarily on key land use and transportation
related issues) and highlight updates for Planning Commission and Town Council review and approval.
Final outline of Comprehensive Plan supplied by Consultant and reviewed and approved by staff.
Review of FTA Cross Cutting Requirements for grant eligible projects and any other applicable criteria
required by FTA. Confirmation of outline, format and elements of the Comprehensive Plan.

Town of Snowmass Village Comprehensive Plan Update Proposal

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TASK62 PREPARE DRAFTPLAN. Winston Associates will prepare text version of the document describing
Comprehensive Plan, planning process and input received. Winston Associates will compile the various
associated plans( fiscal, transportations, etc), reports, workbook, etc. with the Land Use Plan. Incorporate

finished graphics and final comments from the Public, Town Staff,Planning Commission, Town Council,
SC and TAC. Send to Town Staff for final review and consolidation/ resolution ofcomments. Draft Plan
will be posted to the TOSV Comprehensive Plan website for public review and input. Town Staff work

session to identify steps ensuring that the Comprehensive Plan is amendable only through a formalized
process.

TASK 6.3

REV/EW WITH TOWNSTAFFAND STEERING COMMITTEE. Winston Associates and TOSV Staff will solicit
SC input on Preferred Alternative and Comprehensive Plan outline.

TASK 6.4

TOWN COUNCIL/ PLANNING COMMISSIONPRESENTATION. Winston Associates will present Preferred

Alternative and Comprehensive Plan outline in a work session with Town Council and Planning
Commission to seek input.

TASK6.S

MARK-Up COMPREHENSIVE PLANDOCUMENT A digital version( no embedded graphics) of the draft will
be provided to the Town for review and revision purposes.

TASK 6: PRODUCTS/ DELIVERABLES:

1.

2.

Outline draft of Comprehensive Plan and Goals/ Objectives of each element ofthe Plan.

Presentation of the Preferred Alternative to the Town Staff, SC, TAC and Town Council and Planning
Commission, respectively.

3.

Preferred Alternative refined with Staff and posted on Project website.

4.

Draft Comprehensive Plan.

TASK 7:

TASK71

FINALIZE COMPREHENSIVE PLAN REPORT

DRAFTFINAL REPORT. Winston Associates will fine tune the draft plan based on comments received from

TOSV Staff, SC, Planning Commission and Town Council.
TASK72

RED FLAG REVIEW WITH TOWN STAFF, SCAND SELECT TECHNICAL AD VISOR

COMMITTEE MEMBERS.

Winston Associates will present the Draft Plan Report at a joint work session with the Town Council, the

Planning Commission, SC and select technical advisory committee members. We ask that all reviewers
study the draft report and provide comments back to consultant team in a timely manor.
TASK7.3

FINAL EDITS. Winston Associates will incorporate final comments into Comprehensive Plan document.

TASK 74

FINAL PRESENTATION TO TOWN COUNCIL. Final presentation to Town Council for approval. Town

Staff to organize final presentation meeting time and location. Winston Associates in attendance.

Town of Snowmass Village Comprehensive Plan Update Proposal

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TASK75 PRODUCEFINAL COMPREHENSIVE PLAN REPORT. Winston Associates will provide a camera- ready copy
of the Final Comprehensive Plan Report and Executive Summary, 5 hard copies of the Final

Comprehensive Plan Executive Summary ( general overview of the Comprehensive Plan) and CD with
digital versions of Comprehensive Plan and Executive Summary. Town Staff will be responsible for
producing additional hard copies from camera-ready information and CD.
TASK7 PRODUCTS/ DELIVERABLES:

1.

A camera-ready copy of the Draft final report for review by Town Staff, SC and select TAC members. CD
containing report, Executive Summary, PowerPoint presentations, Arc View files, . avi files of 3D walk and
or fly throughs will be provided to Town Staff Measures will be taken to ensure that Town Staff can update

the Comprehensive Plan document without reliance on the consultant team having to do so.
2.

A camera-ready hard copy of the approved Comprehensive Plan Report and Executive Summary and one pdf
file for posting on internet.

Town of Snowmass Village Comprehensive Plan Update Proposal

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TO:

SNOWMASS VILLAGE TOWN COUNCIL

FROM:

RUSS FORREST, TOWN MANGER

SUBJECT:

MANAGER' S REPORT

DATE:

AUGUST 20, 2007

Second Homeowners Advisory Board
Rhonda Coxon

We the 2nd Homeowners Advisory Board recommend to the Town Council that
Council require Related West Pack to present all proposed changes for Base

Village at one time before any decisions are made to approve amendments to
the Base Village PUD.

Furthermore, the 2nd Homeowners Advisory Board applauds Council' s decision
to review the Town' s Comprehensive Plan and looks forward to actively

participating in the review as representatives of the second homeowner
community.

Motion was made by Bob Sirkus and seconded by John Barrett and passed 4-0.
The Second Homeowner Advisory Board supports additional employee housing
within the Village and encourages the Council to determine in advance the future

employee housing requirements due to the Base Village, Snowmass Center and
West Village developments. The Council and the Community would then have a
goal to reach and compare with developers future proposals.
JUNE 2007 SALES TAX REPORT HIGHLIGHTS

Russ Forest/ Marianne Rakowski
Town Sales Tax

Town sales tax revenues are up 12. 30% for the month of June 2007, compared
to June 2006. For June, General Retail is up by 30. 06%. Utilities are up by
16. 24%, and Lodging is up by 10. 06%.
County Sales Tax

County sales tax revenues are up 13. 41% for the month of June 2007, compared
to June 2006.
Combined Sales Tax

The combined county and town sales tax revenues are up 9. 30% for 2007
compared to 2006.

Manager' s Report
08- 20- 07
Page 2 of 2

Lodging Tax

There have been $ 959, 274.00 receipts of Lodging Tax in 2007.
Real Estate Transfer Tax

The June Real Estate Transfer tax has increased 71/ 37% compared to June
2006.

Excise Tax
There have been $ 1 , 055, 211. 81 receipts of Excise Tax in 2007.

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MEMORANDUM
TO:

Snowmass Village Town Council

FROM:

Snowmass Arts Advisory Board

DATE:

August 20, 2007

SUBJECT:

Snowmass Arts Advisory Board Project Update

I.

PURPOSE:

Update and inform Council on Arts Advisory Board projects proposed and
completed. A short informational PowerPoint on public art will also be presented.
II.

a.

PROJECT UPDATE:
Base Village " Pavers for Artwalk"- Lisa Vogele

b. Tom Blake Memorial Sculpture- Mary Beth Blake
c.
d.

Strategic Plan
Call to Artist Project

e. Rotary Grant for Fence Art
f.

Town Hall piece

g. 40`" Anniversary Piece
III.

FINANCIAL REPORT- LINDA GERDENICH

IV.

COUNCIL QUESTION AND ANSWER SESSION

SAAB Accomplishments (8/03/07)

1.

Successful Paver sale —over 700 for $82, 000 gross — (Nov 2007 —April 2007)

2. Juried selection of valley artist Gail Fredell for the Tom Blake piece ( no SAAB funds) -- (OctDec 2006

3. Rotary Grant for Fence Art - $ 1000 —Aug 2006
4. 4 new Board Members —Lisa Vogele, Ellen Kucker, Joan Bemis, Jim Kehoe —Fall 2006

5.

Strategic Plan —Dec 2006

6.

Communication & Involvement with other CO Public Art communities —Jan 2007

In Progress

1.

Bus Stop Art

2.

Underpass Art

3.

Collaboration with Anderson Ranch

4. Call to Artists for 2008 installation
5.

Town Hall piece

6. 40th Anniversary piece
7. Art Acquisition Guidelines
8. Tom Blake Installation Fall Reception

9.

Paver Winter Reception

10. Acquisition of a kinetic piece

11. Securing easement agreements along the Art Walk

MEMORANDUM

TO:

Snowmass Village Town Council

FROM:

Town Clerks Office

DATE:

August 20, 2007

SUBJECT:

RESOLUTION NO. 18, SERIES OF 2007 A RESOLUTION
APPOINTING A NEW MEMBER TO THE ARTS ADVISORY BOARD

I.

PURPOSE AND ACTIONS REQUESTED OF COUNCIL:

Approve, amend or deny the Resolution
ll.

BACKGROUND

There are currently two vacancies on this Advisory Board and Jim Kehoe
has submitted an application. Please review the application and interview
the applicant.

Ill.

APPLICABLE REGULATIONS ( If it is a topic that relates to a regulation)

Section 8. 3 of the Home rule Charter
IV.

STAFF RECOMMENDATIONS AND FINDINGS

Please approve amend or deny the Resolution.
Staff recommends approval.

V.

NEXT STEPS

Appoint by Resolution

s

TOWN OF SNOWMASS VILLAGE
TOWN COUNCIL

RESOLUTION NO. 18
SERIES OF 2007

A RESOLUTION APPOINTING A MEMBER TO THE ARTS ADVISORY BOARD
WHEREAS, Section 8. 3 of the Home Rule Charter states that members of all

boards and commissions shall be appointed by the Town Council; and
WHEREAS, the terms of members on certain boards and commissions have
expired and resignations have been submitted; and

WHEREAS, vacancies have been publicly posted and published in accordance
with the terms and conditions of the Home Rule Charter; and

WHEREAS, the following citizens have submitted applications expressing a
desire to be appointed:

NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass
Village, Colorado:

That the following citizens are hereby appointed to serve as follows:
Appointments and Terms

Section One:
ARTS ADVISORY BOARD

2yr term

Jim Kehoe

Beginning 7-23-07
Ending 12- 31- 09
INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass
Village, Colorado, on the 23rd day of July 2007 with a motion made by Council Member
in favor
and by a vote of
and seconded by Council Member
to _

opposed. .

TOWN OF SNOWMASS VILLAGE

DOUGLAS MERCATROIS, Mayor

ATTEST:

RHONDA B. COXON, Town Clerk

tow

TOWN OF SNOWMASS VILLAGE
Application for Board/Commission Position
Board of Appeals and Examiners

Liquor Licensing Autho
KtCEIV
Planning Commission
Arts Advisory Board

Financial Advisory
Citizens Grant Review Board

3 0

Z!

2ND Homeowners Board

Marketing & Special Events Board
Name:

Home Phone:

Physical Home

Permanent Residence?:

l5 CAtMP roJNp L_.A-

Address:

7

City:

l

W`tu'Ow N k /

rJ 1 0W MASr5 CO

ST.& ZIP:

" L( O 15

No

r

Mailing Address:

F0 Pox IZIS9 ASfi<

IS No, place of Permanent Residence:

Sl(eli
Office Phone:

Business Mailing Address:

7-31 E. N

Yes)<

klnls

SI(j, LI

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g- 7 o S1 °L- j5 3383
P

Employed With:

Are you Registered to Vote in Snowmass Village:

Ilion:

Yes X or

No

List the Experience or Education which may qualify you for this position:

P

E S

S nn

A-• r.,. 1

Why do you wish to be appointed to this position?:

Ar+ W igL i, MA S49 t IJ
F& 6&* A, aiiixi
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I acknowledge that I am familiar with the qualifications, duties and responsibilities of the position for which

Ia

applying and, if appointed, I am ready, willing and able to take an oath as well as accepting the

re

onsibi' ties and duties.

2- 1 Zm1
Date

A plican ' s Signature

I

t

Re` rn to4own Clerk, Town of Snowmass Village, Box 5010, Snowmass Village, CO 81615
p: 1s aredklerktboardstapp.b& c. 03

1

r

Jim Kehoe

EMPLOYMENT

PO Box 12159

Aspen Colorado 81612

970. 319. 1229

Caudill Gustafson/ Z-Group Architects
Aspen, CO ( Sept. 2004- Present)

Design Director, Partner
Arcturis

St. Louis, MO ( May 2000— Sept. 2004)
Design Director for Architecture

De Stefano+ Partners

Chicago, IL ( Nov. 1999— May 2000)
Project Design, Project Management

TPH& Associates, Inc.

Salt Lake City, UT ( July 1997- Nov. 1999)
Project Design, Project Management
Jones Richards and Associates

Ogden, UT ( April 1996- July 1997)
Project Design, Project Management
EDUCATION

Washington University
St. Louis, MO ( December 1995)
Master of Architecture

Mackintosh School of Architecture

Glasgow, Scotland ( January- June 1994)
Two Semesters: Masters Studio and Urban Studies

University of Bridgeport
Bridgeport, CT ( May 1992)
Bachelor of Science, Interior Design, Cum Laude,

Monson Proctor Institute of Art
Utica, NY ( 1987-

1989)

Fine Arts: Sculpture, Panting, and Drawing
AWARDS

AIA Merit Award: Herbert Hoover Boys and Girls Club

Arcturis, St. Louis MO ( Aug. 2004)
Masonry Excellence Award: Edward Jones Data Center
Arcturis, St. Louis MO ( Nov. 2003)
Construction News Design Excellence Award: Edward Jones Data Center
Arcturis, St. Louis MO ( Sept 2002)

Bradley Award for Design Excellence: Huish Corporate Headquarters
TPH& Associates, Salt Lake City, UT ( Jan. 2000)
Fenton Town Planning Charrette- First Place
Fenton, MO ( March 1995)
Biber Contact Design Competition- First Place
New York, NY ( March 1991)
EXPERIENCE

Design Critic

School of Architecture, Washington University ( 2000- 2004)
School of Architecture, University of Utah ( 1997- 1999)
Lectures

Current trends in Spanish Architecture, St Louis, MO ( June 2003)

Travels in Scotland, Washington University It 994)
Architecture of Spain and Portugal, Washington University ( 1994)
Competitions

Salt Lake City Library Completion: Will BruderI TPH Collaborative ( 1999)
Holy Trinity Monastery: Bob Bliss/ TPH Collaborative ( 1999)
Lambiance Plaza Competition: Leon Krier/ Lucero+ Day ( 1992)
Art

The People Project, Public Arts in St. Louis: Artist ( 2001)

Happening: inspired by Jim Dine's Car Crash, Washington University ( 1993)
Travel

Southern France and Northern Spain ( 2002)
Spain and Portugal ( 2001, 1998 and 1994)

Germany and Switzerland ( March, April 1994)
London and Paris ( 1992)

Travel Focus: Cities, Cultural Buildings, Art, and Significant Current Architecture.

Buildings by: Siza, Sert, Coderch, Le Corbusier, Mirellies, Gaudi, Gehry( Bilbao),
Herzog and de Meuron, Bolles and Wilson. The Cistercian Abbey of Le Thoronet;
Landscape of Scottish Highlands; the Mountains and Villages of the Pyrenees.

Jim Kehoe

PO Box 12159

Aspen Colorado 81612

970. 319. 1229

SELECTED PROJECTS

I
4, l

Snowmass Town Hall
Snowmass, CO( Completion Fall 2007)
24, 000 square-foot Town Hall

l>
r

t

t

a

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NISC Corporate Headquarters
St. Louis, MO( Completed 2005)

V

135,000 square- foot corporate headquarters

i

R_

I.

a"l `•

Herbert Hoover Boys and Girls Club

St. Louis, MO( Completed 2004)

30, 000 square-foot Performing Arts Addition

AIA Meat Award

m

Edward Jones St. Louis Data Center

A

t`

St. Louis, MO( Completed 2002)

80,000 square-foot Data Center
OF

Construction News Design Excellence Award
O

Masonry Excellence Award

1

Hulsh Corporate Headquarters

Salt Lake City, Utah( Completed 1999)
14, 000 square-foot class A office interior

Bradley Award for Design Excellence

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CONSTRUCTION COORDINATION
WEEKLY REPORT # 23

Week Ending 08/ 18/ 07
Traffic Control

I am in contact with A- 1 Traffic Control daily. There were no problems with traffic control this
week. I did not receive any complaints regarding traffic control this week.

Construction Activity
Entrywa
Brush Creek Road / Seven Star

Aspen Earthmoving continued working at the visitor center site this past week. The work
consisted of landscape grading and storm sewer installation. This work required a minimal
amount of traffic control.

I did not receive complaints regarding this site this week.
Employee Housing
They continued installing shallow utilities at this site.

I did not receive any complaints regarding this site today.
Town Hall

Ongoing construction activity within project limits.
I did not receive any complaints regarding this site this week.
Upper Kearns Rd Utilities

Upper Kearns Rd remains closed until Sept. 15th for utility work.
Upper Kearns road will be temporarily opened for Labor Day weekend.
Aspen Earthmoving feels they are on schedule to open by Sept. 15th.
I did not receive any complaints regarding this site this week.
Base Village

Lower Carriage Way:
Ongoing construction in this area this week

PCL' s schedule shows opening Lower Carriage Way to two lane traffic by Sept. 25'1'.
At approx 5: 15 Friday evening I received a complaint from the property manager
of the Lichenhearth Condos regarding the Gould water truck blocking the entire upper
entrance to his parking lot while filling up at the hydrant in that location. Mark said if

it happens again that he would call the police. I agreed with him especially since I was
already gone from the area. Mark said the driver claimed to be new and did not know the
proper place to park while he filled the truck with water. I called his supervisor and asked

that they do a better job of training this driver so he does not block access to the parking lots
or businesses in the area.

Wood Road:

A new temporary access point was constructed o Friday to get to lower Wood Road. Traffic
will be diverted.to the new section of Wood Rd. on Monday 8/ 20.
Traffic will then be driving on the new Wood Road alignment.
I did not receive any complaints regarding this area of the project.
Brush Creek Bridge:

I visit the site regularly. I did not receive any complaints regarding the site this week.
Shaw' s updated construction schedule shows opening the new bridge to two way traffic on
Aug. 30th.

Brush Creek Stream Restoration

They have completed some of the boulder cascade structures in the lower section.
ERC' s schedule shows the stream restoration complete by Sept. 25th.
I did not receive any complaints regarding this project this week.
Crestwood

The work at the Crestwood' s is on site and not affecting ROW.
I did not receive any complaints regarding this site this week.
Woodrun Place

I drove Wood Road past the site every day. Hauling material off the site has been minimal.
I did not receive any complaints regarding this site.
Sinclar Meadows

Construction at this project is ongoing.
The detour to the Fox Run Trail will stay in place for approx. 2 weeks
I received complaints regarding dirt and gravel on Owl Creek Road at the entrance/ exit point
of this project. I have been in contact with the project superintendent and with Joe Enzer from

Related Westpac regarding this issue. On Friday they poured a concrete tracking pad at the
exit point of the project. This should help eliminate the tracking of dirt and gravel out onto
Owl Creek Road. Related Westpac has confirmed that they will monitor the effectiveness and
continue to do what ever it takes to keep form tracking dirt or gravel onto the road.
Residential:
No complaints received this week.

Sam' s Knob Restaurant
Snowmass Ski Area

Snowmass Village, CO

Special Review Application
Revised Design Addendum

Submitted to:
Town of Snowmass Village
PO Box 5010

Snowmass Village, CO 81615

Applicant.

Chris Kiley
Aspen Skiing Company
PO Box 1248
Aspen, CO 81612
970) 923- 8758

July 2007

Contents

This addendum to the Sam' s Knob Restaurant Special Review Application includes a

letter describing the revised design and the following attachments:

I.

Site Plan
Solar Orientation and Views Plan
Illustrative Elevations ( 2 sheets)

2.

Dimensioned Elevations and Materials ( 2 sheets)
Roof Plan

Materials Images
3.

Floor Plan

Sections ( 2 sheets)
Program

4.

Landscape plan

Utilities plan

Grading plan
5.

Proposed conditions plan with ski patrol location 08/ 09

6.

Critical path schedule for predevelopment activities

7. Side by side comparison to previous design

8. Responses to Planning Commission Resolution 5- 2007

JU1- 2 5 90y
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communiw pevewp "

SNOWMASS

ASPEN MOUNTAIN

ASPEN HIGHLANDS

BUTTERMILK

ASPEN & S N 0 W M A S S.
ASPEN SKIING COMPANY

Jim Wahlstrom
Senior Planner
Town of Snowmass Village

PO Box 5010
Snowmass Village, CO 81615

July 23, 2007

Dear Jim;

We are pleased to submit a revised building design as an addendum to our Sam' s Knob
Restaurant Special Review application. We have redesigned the building to perform
more efficiently while retaining the same external appearance and operation concepts of

the previous design and to respond to issues brought forth by the Planning Commission.
Specific changes include reduction of back of house circulation space, elimination of the

maker unit expansion of the deck area and redesign of the snowcat screening wall.
These building changes are explained in detail in this letter. Additional information is
also provided regarding LEED certification, critical path schedule, US Forest Service
review, and targeted opening date.

Attachments to this letter include the revised design drawings, side by side comparisons
to the previous design, proposed ski patrol conditions, and a project critical path
schedule. This letter and its attachments are intended to supplement the previous
application contents, and the land use review standards and additional submission

contents previously submitted remain applicable unless noted herein.
We believe that the Sam' s Knob Restaurant will prove to be an attractive and popular

addition to the Snowmass Ski Area and to Snowmass Village and we look forward to

discussing these changes and the rest of the restaurant design with staff and with Town
Council.

Description of Proposal

This is a revised version of the project description that we provided in our January 2007
application for the restaurant, and it serves to highlight the changes that have occurred
with the revised design as well as the number of similarities between the two versions.
Deletions are struck through while additions are italicized and underlined:
P.O. Box 1248

Aspen, CO 81612- 1248
970. 925- 1220
www.aspensnowmass. com

Page I

Rin1eU on

MNw..

The Sam' s Knob restaurant will be located at the top of the re-graded Sam' s
Knob, at the top terminals of the Village Express and Sam' s Knob chairlifts. The
restaurant will have 150 indoor seats, 50 outdoor seats plus a public picnic lunch
deck area and a coffee bar. The 9, 2

t 7. 155 square foot (per interior

FAR calculations), single- level building contains an entry vestibule, coffee bar,
public bathrooms, dining room, kitchen and back of house, and a shipping/
receiving dock.

The building is designed around the views from the top of Sam' s Knob, and the
dining room is extended along the west elevation to capture the views as well as
the winter sun. The building will utilize a sit down, quick- service operation that

provides high throughput while maximizing the amount of time spent by guests in
the dining room. Fast, family-friendly table service will differentiate Sam' s Knob
from the other mountain restaurant options. A coffee bar will serve beer and
wine in addition to espresso drinks.

The building is designed with gabled and flat roof elements and will be clad in
natural materials including board and batten siding, stone base at the entry, rusted

metal roof and rusted metal siding shingles. The building has been set back from
the eastern edge of Sam' s Knob to provide skier circulation at the top of the

Village Express and Sam' s Knob lifts, and to minimize any impact on views from
the Town or from Snowmass Creek. The building' s base will be located at

10,606' the existing elevation of the top of Sam' s Knob, and the high point of the
gabled roof will be 32' high, at 10, 638'. Non-reflective glass is specified for all
outdoor windows to minimize any glare.

The Sam' s Knob restaurant facility was conceptually approved by the Town of
Snowmass Village through the Snowmass Mountain Master Plan PUD
Amendment of 2004 and authorized in TOSV Town Council Ordinance 2- 2005

pending a Special Review process to finalize the land use approvals for the
building design. The proposed Sam' s Knob restaurant is located on US Forest
Service land, and the Forest Service is the primary jurisdictional review authority

for this project. A copy of the Forest Service' s conceptual approval is included
with this application.

The Sam' s Knob restaurant will serve breakfast and lunch during the winter ski

season. While other use is not currently contemplated by Aspen Skiing Company,
TOSV Town Council Ordinance 2- 2005 states in Section One: Findings under

On-Mountain Facilities, Programs, Zoning and Uses that"... it is in the best
interest of the Applicant and the Town to consolidate programs and use operations

in the Elk Camp Meadows area for the sake of operational efficiency, however,
activities will still take place in the Sam' s Knob areas for special events, but not

as regularly scheduled or for daily operation."

The building is being designed with environmentally- efficient elements including
a site plan that maximizes solar gain, an efficient building envelope, efficient

Page 2

building systems, and specification of long- lifespan and minimal maintenance

roofing and cladding materials. Aspen Skiing Company will pursue and apply for
LEED Certification for the building. The building has been designed to meet the
standards of the Americans with Disabilities Act (ADA) and the Architectural

Barriers Act Accessibility Standards ( ABAAS).

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Responses to Planning Commission Resolution 5- 2007

The building design has been revised to respond to Planning Commission
recommendations as listed in Resolution 5- 2007. The changes are referenced throughout

the text of this letter, and are also provided in a recommendation by recommendation list
that is attached to this letter.

Carryovers from Planning Commission- Approved Design

The following attributes remain unchanged in the revised design:
Same site orientation— the deck and dining room are oriented to receive the best
solar orientation and views, while the back of house functions and loading dock
area are positioned to minimize visibility from the public on the north end of the
building.

The overall rustic architectural character and building materials are the same. The

primary external building materials are still cementitious plank board and batten
siding, a stone base at the entry, a rusted metal roof and non-reflective glass.

The Planning Commission and the USFS previously reviewed and approved two
design changes that are incorporated into this plan: the alternate wood truss entry

on the east elevation and the replacement of the gabled mechanical roof with a flat
roof.

The indoor seating remains at 150 seats, with an additional 50 full service seats on
the outdoor deck.

The same quick-service, sit down, family-friendly operation concept is
envisioned.

The public spaces within the building, including the dining room, entry, coffee
bar and bathrooms, are unchanged.

The entire building remains on one level with no steps required.
Approximately 1/ 2 of the full service deck will be located on 30%+ slopes that will
require Town Council approval. A geotechnical engineer has previously
reviewed the plan and provided conditions for constructing the deck in this area.

Page 3

Changes from Planning Commission- Approved Design
Some revisions have been made to the design for the restaurant from the version

approved by Planning Commission via PC Resolution No. 5- 2007. These changes have
been made to:

remove non- critical back of house space,

respond to Planning Commission comments,
improve constructability,
increase energy efficiency

All of the revisions made have improved the building in one or more aspects, and none
have resulted in a diminished final product.

Table One provides a comparison of the current design and the previous design and

details the changes that have been made to the building design. Comparisons of critical
metrics are also listed, including physical size, seating capacity and height. Specific
changes were made for the following reasons:
The deck area was expanded to include an area for public picnic lunches as

recommended by the Planning Commission.
An area was identified for future seating expansion( up to 75 additional seats) in
the northwest corner previously occupied by the caretaker unit.
The fire suppression storage tanks were moved from underneath the deck to

underneath the loading dock to improve service access.
The caretaker unit was removed because it was deemed unnecessary to the
operating program and was not required as mitigation.

The snowcat screening wall was changed from a load-bearing wall with a rusty
metal shingle exterior to a shorter screening wall with a grey cementitious-plank

siding with a corrugated steel base at the snow level. This alternate approach
improves the look of the building with better horizontal to vertical proportioning.
It also replaces the rusted metal shingle siding with a simpler horizontal plank

treatment. Comments received from Planning Commission and from the US
Forest Service indicated a desire to see an alternate material for the fence.
A series of comparison drawings are provided with this letter and show that the revisions

are minor in nature and collectively serve to improve the overall look and feel of the
building. We believe these revisions are in keeping with the findings and conditions of
the Planning Commission as detailed in Planning Commission Resolution No. 5- 2007.
Furthermore, the Planning Commission, in Section Three, Finding One of PC Resolution
No. 7- 2007 approving the one- year extension request for the restaurant, stated their desire
to see an expedited review of the building:
There should be sensitivity.to the Applicant' s requirement to obtain review and
approval of the Sam' s Knob replacement restaurant by two jurisdictions, and the

SPlanning Commission encourages the expeditious review by the Town and a priority

Page 4

basis established for the application in efforts to get the facility open and operational
as soon as possible."

One change that is not reflected in the drawings is a desire to increase the size of the

window panes on the west (view) elevation. The windows are currently drawn with
small panes and mullions to comply with the design direction established by the USFS.
Planning Commission has recommended that larger panes of glass be used and
encouraged us to revisit this issue with the USFS. We intend to seek approval for larger
panes of glass when we submit this revised design for their consideration.
Table One: Changes to Restaurant

Current Version( July 2007)
Total sq.ft.( from total
qualifying FAR calcs
Front of house area
Back of house area

Building height at peak of entry

PC- Approved Version( March
2007)

8, 821 sq.ft.

9, 985 sq. fl.

4,940 sq.ft.

4, 940 sq. ft.

2, 215 sq.ft.

3, 756 sq. ft.

32'

32'

35'

35'

150 seats

150 seats

50 seats

50 seats

36 seats

0

75 seats

0

able

Maximum building height
bottom of screening fence
Seats— Indoor
Seats— Outdoor, full service

Seats— Outdoor, public picnic
lunches
Potential indoor/outdoor
seating expansion

Caretaker unit
no

900 sq. ft. 2 bedroom,
winter use only

Snowcat screening wall
Fire suppression storage tank

Wall w/ corrugated steel base and

Large structural wall clad with

cementious plank siding

rusted metal shingles

Located under deck

Located under loading dock

Additional Information

LEED. Aspen Skiing Company intends to pursue LEED certification for this building,
although not to the extent that it causes an additional year of delay. We currently believe

that we will be able to do the up front design and documentation required for LEED
certification while still being able to deliver the restaurant by the 08/ 09 ski season.
Planning Commission agreed with this approach and included a condition to that effect in
Resolution No. 7- 2007 approving the Snowmass Ski Area PUD Amendment to extend
delivery of Sam' s Knob restaurant to the 08/ 09 season.

Page 5

With or without LEED certification, the building has been designed to be highly energy
efficient:

site orientation for maximum winter solar gain,

efficient floor plan and smaller building footprint
insulated walls, roof and window systems that exceed building code requirements,
efficient mechanical systems,

operable windows

building commissioning to fine-tune mechanical system performance
possible use of modular or SIPS ( structurally- insulated panels) roof or walls
further increases insulation factor.

Employee Housing. A two-bedroom caretaker unit was included in the initial
application submission for the Sam' s Knob restaurant, but has been removed from the

building program as part of the redesign. This unit was removed because it is not
required for mitigation purposes, was deemed unnecessary for restaurant operations, and
was not a fully functional location for employee housing given its winter-only use and
difficult access.

The previous Sam' s Knob restaurant facility, constructed in 1967 before the Town' s 1977
incorporation, had a winter-only caretaker unit. This unit had not previously been used to
satisfy housing mitigation requirements and was not deed- restricted or otherwise
committed to use as housing.

Employee housing mitigation is not required for the proposed building since the proposed
Sam' s Knob Restaurant will be smaller than the previous building. Per the employee
generation analysis in Table Two, the restaurant, whether operated as a cafeteria or as a
sit- down restaurant, will not generate new employees as calculated in Article IV,

Division Four of the Land Use Code. Aspen Skiing Company would like to discuss the
assignment of a credit for the reduction to be applied to other mountain projects.

The caretaker unit was included in previous designs but it was ultimately determined to
be non-essential at this location because of its winter-only occupancy, difficult

accessibility and previous incidents with remotely-housed employees. It was been
removed from the program in order to accomplish other redesign goals including
reducing the overall size of the building and creating an area for future seating expansion.

Page 6

Table Two: Employee Generation Analysis
Size

Style

Employee

Employees

Generation Rate

Generated

3. 59 employees

41. 29

per 1, 000 sq. ft.

employees

If operated as

3. 59 employees

25. 69

cafeteria

per 1, 000 sq.ft.

employees

sq. ft.)*
Previous Restaurant

Proposed Restaurant—

11, 500

7, 155

Cafeteria

Proposed Restaurant—

7, 155

Sit Down

Cafeteria

If operated as

5. 16 employees

36. 91

sit-down

per 1, 000 scift

employees

size calculation for both bldgs includes all qualifying interior FAR space except for caretaker unit( previous restaurant)

US Forest Service. The US Forest Service has established a three step review process
for this building: at conceptual design, 50% Construction Documents, and at 95%
Construction Documents. The previous building design received conceptual approval but
will require re- review for the revised design.

The USFS has not yet reviewed or approved these design revisions. An

application is being submitted for their review at the same time as it is submitted
to the Town.

The USFS has reviewed and conceptually approved the previous design as well as
the alternate entry and mechanical roof modifications.
We believe that the USFS will approve the design changes given their minor

nature and that the building is keeping with the design intent established for the
previous design.

We are requesting that the USFS allow the use of larger panes of glass on the west
view) elevation. We are currently showing smaller panes of glass with mullions
in order to comply with the USFS design guidelines.
Proposed Conditions— 08/ 09 and 09/ 10 ski seasons. The current ski patrol trailer will
be used again for the 08/ 09 season and will be relocated to the south to a location has

been identified by mountain operations staff and ski patrol as the preferred location for

fast incident deployment, and will not impede skier circulation from the top of Sam' s
Knob. A separate application will be submitted to the Town for approval of the
permanent structure and the permanent ski patrol shack will be constructed in that
location for the 09/ 10 season.

Construction. Numerous factors contribute to the difficulty of constructing the
restaurant in one construction season:

A commercial building of this size would typically take 10- 12 month to construct,
and our construction season at that elevation will be approximately 8 months.
The long daily travel time to access the site

Lingering snow conditions in spring and early onset in fall increase the number of
bad weather days and make for difficult access to the site.

Page 7

iHigh altitude working conditions affect labor productivity as well as materials
delivery and placement( e. g. concrete)
We will coordinate with the Townwide Construction Management Plan and Construction
Manager to integrate with other construction project logistics. The restaurant, while

difficult to build due to the remoteness of the site, is roughly analogous to a large single
family house in terms of size and the levels of day to day construction activity and should
not unduly impact the Town' s road network.

We are requesting some flexibility in our Construction Management Plan to help
facilitate an accelerated project. These modifications to our previously submitted
Construction Management Plan were approved by the Planning Commission during their
review and include:

The use of a helicopter, if required, for delivery of large materials including
structural timbers, and modular roof or wall panels.

Extended construction hours and days to allow for work from Monday through
Saturday from 7am to 7pm, with no deliveries to the site occurring after 6pm.
Schedule. A critical path schedule is included that shows the sequence and timing of the
steps required to occur in order to open the restaurant. The schedule includes redesign,
TOSV review, USFS review, construction documents, preconstruction and construction
phases.

We intend to open the restaurant before the peak holiday period in December 2008, and
the schedule shows very little margin of error in order to achieve that target. The
schedule also shows that even the earlier tasks in the process like permit review length,

redesign time, and other entitlement-related steps have a direct bearing on the final
opening date. To that end we are requesting expedited review and approvals of this

building by Town Council and staff, as well as from the USFS, in order to facilitate our
mutually desired objective of delivering the restaurant by the December 2008 holiday
period.

Previously Submitted Information

The following information was previously submitted for the Sam' s Knob Restaurant and
remains applicable to this design:
Land use code review standards

General application requirements incl. disclosure of ownership, USFS approval to
proceed, vicinity map and existing conditions survey
Geotechnical review report
Ridgeline protection analysis

Operations plan

Page 8

30% slope conditions review and suggested conditions language

Construction management plan
Erosion control plan

Construction access points map
Construction staging area plan

Summary of Specific Requests

To summarize the general and specific requests made of Town Council regarding the

Sam' s Knob Restaurant, we are seeking:
Special Review approval of our design as revised with this submission.

Expedited review and approval of the application by Town Council and staff as
indicated on the attached schedule without referral back to Planning Commission.

Consideration of and discussions with the USFS regarding our proposal for larger
window panes on the west elevation.

Construction Management Plan requests to allow for helicopter use and extended

hours from lam— 7pm Monday through Saturday.
Approval to construct approximately % of the deck on slopes greater than 30%.
Proposed ski patrol trailer location for the 08/ 09 season

We are committed to delivering a high quality Sam' s Knob restaurant for the Snowmass
Ski Area for the 08/ 09 winter season, and are eager to review this design with the Town
of Snowmass Village. Please don' t hesitate to contact me at ( 970) 923- 8758 if I can

answer any questions or if I can otherwise assist in the review of this application.

in

Chris Kile
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Sam' s Knob Replacement Restaurant

July 13, 2007
Interior Spaces ( aualifvina FAR):

East Vestibule entry
South Vestibule entry

64 sf

80 sf

Public Restrooms

736 sf

Lobby

576 sf

=

600 sf

Indoor Dining ( 150 seats) =
Coffee bar/ pastry w/ seats =

2184 sf

Kitchen & BOH

1858 sf

Main circulation hallway
Wait Staff Station

Service/ Egress Passage

20 sf

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Caretaker Unit ( 2 bdrm)

700 sf

0 sf

48 sf

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Unheated Storage
SUBTOTAL INTERIOR SPACE:

289 sf
7155 sf

Exterior Spaces ( qualifying FAR):
Outdoor Deck ( Full service) =

856 sf

Public Picnic Lunch Deck

539 sf

=

Covered South Entry

84 sf

East Horizontal Roof

187 sf

1/ 2 credit for projection)

West roof overhang at unit =

0 sf

1/ 2 credit for projection)

SUBTOTAL EXTERIOR SPACE:

1666 sf

TOTAL QUALIFYING FAR:

8821 sf

Exempted areas and Service Spaces:

Covered RampsM/ alk
under 6' in width— SE side)

230 sf

Loading Dock/ Receiving

323 sf

=

Stairs to Receiving
Mechanical/ Electrical Room =

26 sf
373 sf

TOTAL EXEMPTED SPACES:

952 sf

GROSS FLOOR AREA:

9773 sf

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Aspen Skiing Company responses to Planning Commission recommendations for the
Sam' s Knob Restaurant ( responses in italics):

TOWN OF SNOWMASS VILLAGE
PLANNING COMMISSION
RESOLUTION No. 5

SERIES OF 2007

A RESOLUTION APPROVING THE SPECIAL REVIEW APPLICATION FOR THE
SNOWMASS MOUNTAIN SAM' S KNOB REPLACEMENT RESTAURANT AND
OTHER INTERIM ANCILLARY FACILITIES ON SAM' S KNOB.

Section Three: Recommendations. The Planning Commission makes the following
recommendations for consideration by Town Council as conditions for the application:
1)

Considering the constraints associated with a separate review process by a
Federal agency, the Planning Commission would prefer but not necessarily
require that:

a)

the west elevation incorporate larger paned windows, versus the multi- paned

windows, to take advantage of the panoramic mountain back drop similar to
the arrangement at the Sundeck restaurant on Aspen Mountain.

Response: Aspen Skiing Company will pursue this change with the US
Forest Service and with the Snowmass Town Council.
2)

The alternative main entry detail and fenestration treatment on the east elevation
of the building is preferred.
Response:

These features have been incorporated into the revised

design.
3)

An additional or expanded deck area with supplemental seating and picnic tables
for separate accessibility by the general public from the outside of the restaurant

building for their usage should be provided beyond the deck and seating area
intended for the restaurant patrons, integrated into the proposed landscape plan

for the area, and maintained accordingly including proper snow removal.
Response: A 36-seat public picnic lunch deck area has been incorporated
into the revised design.
4)

The Town Council should determine by separate ordinance if the Applicant and
their geotechnical engineer has satisfactorily complied with the Municipal Code
standards for allowing the outdoor deck and related retaining foundation walls to
encroach into a 30% or greater slope area.

Page I

Response: this request remains part of our revised design.
5)

During construction, the Applicant' s geotechnical engineer should observe the
excavations for cut slope stability and bearing conditions for building support for
consistency with the recommendations in the HP Geotech letters dated October
10, 2005 and February 28, 2007.
Response: conditions are acceptable to Applicant.

6)

For the temporary erosion control during the construction phase, the Applicant
should employ the following Best Management Practices (BMPs):
a) Installation of an embedded fence around the disturbed soils and especially in
the low receiving ends of the slopes;

b) After clearing and grading and prior to construction, the Applicant should install

temporary sediment pits along the drainage swales in order to collect sediments
and prevent them from spreading.
Response: conditions are acceptable to Applicant.
7)

For permanent post construction erosion control, the Applicant should:

a) Immediately stabilize the surface around the disturbed area of the construction
site pursuant to the plantings and revegetation recommendations below; and

b) Install geofabric liner and riprap at all concentrated discharges, including roof
drain daylight points.

Response: conditions are acceptable to Applicant.
8)

The Applicant's proposed planting plan submitted March 14, 2007 should be
reviewed to determine if the outstanding review comments dated March 5, 2007
have been addressed to the satisfaction of the Town' s Landscape Architect.

Response: we believe that the outstanding review comments have been
addressed in the current landscape plan.
9)

In addition to the proposed planting plan indicating the installation of new trees, the
Applicant shall revegetate the disturbed surface portions of the site with native

grasses immediately following construction of the exterior shell of the building
and/or after completion of the restaurant, but absolutely no later than the start of the
2008/09 ski season, for the purpose of erosion control.
Response: Conditions are acceptable to applicant, however it should be

noted that revegetation would occur the spring following construction, or
prior to the 09110 ski season. In addition, the bedrock condition of the top of
Sam's Knob will prevent revegetation of much of the site.
10)

The proposed service light fixtures at the loading/receiving area and at the front
entrance shall be downcast in addition to the light source being concealed from
view angles downvalley. The Applicant should provide manufacture specifications
of the light fixtures and sources to the Town' s Chief Building Official with the

building construction plans to determine compliance with the lighting ordinance.

Page 2

Response: conditions are acceptable to Applicant.
11)

If any of the roof top mechanical units, flues, vents or exhaust shafts happen to be
visible beyond the roof line or a parapet feature from the flat top of Sam' s Knob,
such equipment should be concealed with matching or similar building exterior or
roof finishes or primed and painted to blend with the roofing color.
Response: conditions are acceptable to Applicant.

12)

The proposed advertising sign should be prohibited from being internally illuminated
in addition to not being indirectly lit from the exterior.
Response: conditions are acceptable to Applicant.

13)

Despite the appropriateness of allowing construction activities to occur on the site
from 7 a.m. to 7 p. m., there should be no construction deliveries to the site after
6:00 p.m.
Response: conditions are acceptable to Applicant.

14)

In efforts to comply with the Colorado Division of Wildlife ( CDOW)
recommendations, the Applicant should comply with the following:

a) If a helicopter is to be used during construction, the CDOW should be consulted
in advance for input;

b) Dogs, firearms and archery equipment should not be allowed to be brought on
site by construction workers, working employees, or the caretaker residents;
c)

All disturbed areas should be re-vegetated with native plant species beneficial

to wildlife upon completion of the exterior shell of the building and deck area;
and

d) Any outside trash/ garbage should be kept in approved bear resistant containers
especially during construction as well as during the operation of the restaurant
in particular from spring to fall as applicable, and all doors and windows on the
facility should be closed and locked, and exterior doors installed with rounded
door handle knobs.

Response: conditions are acceptable to Applicant.
15)

The Applicant shall define the" limited number of special events," to occur outside of

the currently proposed winter operations only, by separate Special Review or other
appropriate application for review and approval by the Town in advance of
conducting such events.
Response: conditions are acceptable to Applicant.

Page 3