HomeMy WebLinkAboutbocc.res.150.1967P.ecorded at 3:27 P.M., Dece ~r 1, 1976 Julie Hane, Recorde
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY
RESOLUTION N0. 76 - lJr~
Reception Number:
1~39~1~~
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Re: General Submission of the Snowmass Corporation
for Subdivision, P.U.D. and Rezoning Approval,
and Additional Special Review Matters.
WHEREAS, the Snowmass Resort Development comprises some
3600 acres of privately owned land adjacent to the Snowmass Ski
Area on National Forest Land and which had been developed on a
piecemeal basis without an approved overall plan other than the
Aspen Area General Plan of 1966, and which presently consists
of 2195 dwelling units of which 1785 are built and 410 exist as
sold but undeveloped lots, of which 1974 were built and sold by
Snowmass Corporation and 221 were sold by Benedict Land and
Cattle Corporation, and
WHEREAS, the Snowmass Corporation presented a planning
study in February of 1972 (the 1972 THK Plan) which envisioned a
total of 7,483 units with an equivalent population of 26,190
people, which planning study was never approved or adopted by
any governmental agency, and
WHEREAS, as part of a general comprehensive rezoning
of substantial portions of the County, on March 25, 1974 the
zoning of the Snowmass Resort was changed to thereafter allow
a maximum additional possible density of 553 units, or 1291 units
with P.U.D. bonus, and
WHEREAS, various discussions concerning an overall
development plan for Snowmass have taken place between Snowmass
Corporation and Pitkin County since 1974 including a planning
study by THK and Associates which presented six (6) graduated
alternative development plans ranging from existing zoning to
7,483 units outlined in the 1972 plan, and
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WHEREAS, after such discussions, Pitkin County had
indicated to the Snowmass Corporation a willingness to consider
a more detailed development plan along the lines of THK plan
number 2 to involve some 1291 additional units, and
WHEREAS, the Snowmass Corporation did on April 23, 1976
present to the County a financial analysis of the potential for
return on investment and amortization of outstanding obligations
for the Snowmass property which analysis appeared to illustrate
that development if limited to an additional 1291 units would not,
in Snowmass' business judgment, support a decision to proceed
with further development, but that a development on the order of
magnitude of 2000 additional units would support such a decision.
(This analysis is available in the "green book" submitted to the
Pitkin County Planning Department and dated April 30, 1976),
and
WHEREAS, Pitkin County retained the services of Economic
Research Associates to evaluate the calculations and the resultant
conclusions of the April 23, 1976 Snowmass Financial Analysis
and these consultants did generally concur with the conclusions
of the Snowmass report, although such consultants developed no
data of their own but reviewed and accepted the information
presented by Snowmass, and
WHEREAS, Pitkin County has identified a need for
additional service facilities in the Snowmass area, including
transportation systems, employee housing units, trails, resident-
oriented commercial services, storm drainage impY'ovements, open
space and recreation areas and facilities, and community and
governmental service facilities, and has identified that addi-
tional development of housing and commercial space would be needed
to develop the Snowmass area into a more self-sufficient community
that would not protract the existing situation wherein Snowmass
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residents journey to Aspen to obtain basic goods and services,
and
WHEREAS, by action of Pitkin County Planning and Zoning
Commission Resolution Number 76-05, the Planning Commission did
encourage the presentation of a master plan for some 2093
dwelling units conditioned upon the provision of important
services and facilities, some of which are mentioned above, and
WHEREAS, on August 13, 1976, the Snowmass Corporation
did submit a General Submission (Discussion Draft) application,
under the Pitkin County Land Use Code, dated Summer 1976, which
included a combined application for subdivision, rezoning of
certain areas, P.U.D., and Special Review zoning approvals as
well as for permits for certain areas and activities of State
and local interest (as regulated under H.B. 1041, and incorpo-
rated into such Code). The General Submission (Discussion Draft)
included the following major applications, requests, commitments
and provisions:
1. Rezoning to a development density of 2150 dwelling
units in total to include 2029 unrestricted units
plus 121 units to be deed restricted for employee
use. This development was to be phased over a 15
year period at 148 units a year.
2. The phased addition of 160,000 square feet of new
commercial space.
3. The dedication of easements for 11.6 miles of new
trails.
4. Dedication of conveyance of 13 acres for community
facilities.
5. The commitment of a $200,000 one time capital
contribution to an inter area transit system and
an exclusive right-of-way easement therefor.
6. Phased commitment to install storm drainage improve-
ments and water pollution controls.
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7. The deed restriction of four hundred and sixty (460)
acres of land for open space.
8. Installation of a collector shuttle bus system for
intra-Snowmass service.
and
WHEREAS, the Pitkin County Planning and Zoning Commission
did conduct numerous public meetings to consider the Snowmass
General Submission (Discussion Draft) and did, on September 8,
1976, recommend the conduct of a public hearing before the Board
of County Commissioners to be held on October 25, 1976, and did
subsequent to September 8 continue to meet with representatives
of Snowmass Corporation and in these meetings did make recommenda-
tions for the amendment of the General Submission, and
WHEREAS, the Pitkin County Planning Department did
review the General Submission (Discussion Draft) application,
and the department did make recommendations to the County Planning
and Zoning Commission on September 8, 1976 concerning certain
deficiencies and made certain recommendations, which are set
forth in Appendix "1" attached hereto, and
WHEREAS, the Snowmass Citizens Caucus was requested to
comment on the sufficiency of the General Submission (Discussion
Draft) and did subsequently organize itself into subcommittees to
consider six (6) separate components of the plan to include:
1. Open Space/Environment
2. Public Facilities/Recreation
3. Transportation/Trails
4. Commercial Self-Sufficiency
5. Employee Housing
6. Overall Community Goals
(The official membership of these committees is more fully
elaborated in Appendix "2"), and
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WHEREAS, the Snowmass Caucus reviewed the General
Submission (Discussion Draft) and developed a list of Goals and
Performance Standards the full text of which is attached as
Appendix "3," and passed a resolution recommending approval of
either the General Submission or the Alternate Development Plan,
and
WHEREAS, on October 6, 1976, the Pitkin County Planning
and Zoning Commission did advise the Snowmass Corporation that
the General Submission was deficient in its failure to consider
alternative development patterns and that at a minimum plans
should be considered to cluster the entire 2150 unit expansion
at the base of Snowmass mountain in three principal development
nodes, namely West Village, East Village and Sinclair Mesa/
Meadow Ranch. This alternative was suggested in order to mitigate
certain adverse environmental and wildlife impacts, to ensure
that all new development would be easier and less expensive to
service with public transportation and utilities and to ensure
a high component of open space. It was also the recommendation
of the Planning Commission to consider greater total development
density and higher buildings if necessary, and
WHEREAS, thereafter the Snowmass Corporation prepared
an alternative development plan, entitled Snowmass General
Submission "Alternate Development Plan," which proposed develop-
ment within three principal nodes to include East Village, West
Village/West Village Expansion and Sinclair Mesa/Meadow Ranch.
This plan represents a proposed amendment to the July, 1976,
General Submission and Snowmass Corporation has stated in writing
it is prepared to proceed on the basis of either development
plan. For purposes of comparison between the General Submission
and the Alternate Plan the following table was developed:
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~ bF.NSIT X AI:I:AS AND Ut7IT~ 1'IZOPO.^,i:D IN T1IE •
• G1;NIiI2AL .`.U 134fIS5IUN AND AL7'L:I:NA1'L•' DL:VI;I.OI' rI1;NT PLANS
• ~ Genoxa] Su bmi:~sion R]toxnato Plan
bevca.ot>tnent Aroa Typo of Unit Number of Units Number of Units
Plest Villago Condominium q50 562
Expansion
Employoo
33 ~ QQ3
33 ~~~
~
Fast Village Condominium G80 ~~~~`
•
Employee
.50 ~ 730 ~
G1 lOhS
• Sinclair idesa/
• • Condominium 36G '• 365
~leadow Ranch }iomcsitc 222 ~ 615 277 670
• Employee 27 27
Country Club ~ }iomcsitc ~ 10 1p
- ttidgerun - }iomcsitc 32 ~ 32
Eastrun - Flomesite 75 p
~
East F;rush Cree}; Condominium '.155 '. 0 -
- 'nnployee ~
11 0 .
::iorse Ranch North }iomcsitc 39 0
. ~oz9 ~ - -'•2z5~ ~ -
. - ~ ..
Total Units Proposed _ ,~ 2,150 ~ ~. 2,37_
(*indicates total unrestricted units]
WHEREAS, the Board of County Commissioners of Pitkin
County has reviewed the recommendations of the County Planning
Office, the Goals and Performance Standards of the Snowmass
Caucus, the recommendations of the Caucus, the referral agencies,
and the Planning and Zoning Commission, the record of the public
hearing of October 25, 1976, and the General Submission of Summer
1976 together with the Alternate Development Plan, and
WHEREAS, this Board finds that the 121 employee units
envisioned in the General Submission are insufficient to deal
with the needs of employees who will seek on-site housing and not
in compliance with the Land Use Code criteria (an analysis of
employee housing is provided in Appendix "5"), and
WHEREAS, the Board finds, in conformance with analysis
prepared by the Pitkin County Housing Office that the anticipated
approximately 15 year building program of the General Submission
will create 2,332 total jobs 50% of which or 1,166 will be
seasonal in nature and 1,166 will be permanent, and
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WHEREAS, on October 25, 1976, the Pitkin County Planning
and Zoning Commission recommended approval of the Alternate
Development Plan, together with all portions of the General
Submission not in conflict therewith, and attendant rezonings
in its resolution number 76-07, and
WHEREAS, a public hearing was held before the Board of
County Commissioners on October 25, 1976, public notice of which
was duly published in the "Aspen Times" on September 16, 1976
(a copy of which is attached hereto as Appendix "6"}, and a copy
of which public notice was duly mailed to all adjoining land
owners in accordance with Section 6.03.04(d}(1) of the Land Use
Code (the affidavit of mailing is attached hereto as Appendix "7")
and at which public hearing all public comments, both oral and
written, were taken.
NOW, THEREFORE BE IT RESOLVED, that the Board of County
Commissioners hereby approves the Snowmass General Submission
and amendments thereto as herein modified and on the basis of
matters outlined below for purposes of rezoning, P.U.D., of
preliminary subdivision, and Special Review zoning approvals
and permits for certain designated areas and activities of state
and local interest (as required under H.B. 1041 and incorporated
into the Land Use Code), including site selection and construction
and extension of water and sewage treatment systems, and site
selection and development of new communities, and that all
approvals granted herein are conditioned upon the following,
which conditions must be met in order to achieve detailed
submission approvals. The areas rezoned are indicated on
county zoning maps which accompanied the public hearing, and
the official map sheet no. 9 is hereby so amended and changes
shall be incorporated onto the official zoning maps on file
in the appropriate offices.
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Section A. Development Areas
That development under this resolution be constrained
to the number of unrestricted and restricted dwelling
units as set forth below. "Restricted" dwelling units
shall be defined as building lots or condominiums that
shall be encumbered by P.M.H, or similar zoning regula-
tions, deed restrictions, rental or sale price limitation
agreements or other appropriate mechanisms to regulate
the rental price or the initial sale price, or the resale
price or combinations thereof with a view towards making
such lots or condos available at a sale price below the
normal free market sales price for comparable lots or
condos and thus assure that the rental or purchase price
thereof is within the reach of persons or families of
moderate income and thereby provide for a mix of persons
of varying income abilities and thus prevent a particular
development area from becoming exclusionary. The parti-
cular mechanisms beyond those set forth herein or in
substitution therefore may be delineated at the detail
submission stage so long as such additional or substi-
tuted mechanisms shall not additionally burden or effect
the rights of Snowmass Corporation hereunder.
Development Area Unrestricted Restricted
West Village Expansion 442 (Condos) 105 (Condos)
East Village 902 (Condos) 147 (Condos)
Sinclair Mesa 252 (Condos) 173 (93 Condos
Meadow Ranch
Country Club
Ridgerun
Eastrun
East Brush Creek
Villas**
Total
147 (sites
for 147 units)
10 (Lots)
32 (Lots)
75 (Lots)
39 (Lots)
1899 Units
plus 80 R-6
sized lots)
50 (Homesites)*
50 (Units)
525 Units
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*"Homesite" is used instead of "lot" because of the land
condominium nature of Meadow Ranch. Total number indicates
total separate residential living units.
**Land immediately to the northeast of the existing "Villas"
shall be made available to the Pitkin County Housing Authority
at a cash cost of $11,700 per acre to be secured by an
assignable option to cost $1.00 and to be exercisable
through December 31, 1994. See section (L)(2)(b) hereof.
It is understood that the allocation of dwelling
units to the several development areas, as set
forth above, may of necessity be revised by transfer
of density at the relevant detailed submission stages
to accommodate site limitations such as portions of
development areas in excess of 30% slope and
geological or hydrological constraints precluding
development of a particular site at the density
indicated above. Restricted units will be distri-
buted within the West Village Expansion, East
Village, Sinclair Mesa, and Meadow Ranch develop-
ment areas generally as shown in the above table,
and in any event such that no area shall contain less
than approximately 15% of restricted units (expressed
as a percentage of unrestricted units in that area).
Section B. Timing of Residential Development
1. That the total project of 2374 units (2424 units
minus the 50 Villas units separately to be developed
by the Pitkin County Housing Authority or its
designee) shall proceed at a pace not to exceed
158 units per year so that the buildout period
will not be less than 15 years. Of the 158 units
of annual buildout at least 31 restricted units
(at an approximate average balance of 23 condos,
plus 8 lots or homesites) will be constructed
(condos) or made available (lots) by applicant.
These numbers of restricted units will be increased
or decreased pro rata with the actual number of
unrestricted units constructed each year. The
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location of the restricted units will be set forth
in the detailed submission for each relevant
development area. In the event of building volume
fluctuation, the method outlined on page 34 of the
General Submission will be followed to allow
development of 158 plus 20% of the accumulated
deficit of units per year. Development phasing as
set forth herein shall be regulated by detailed
submission and annual final plat approvals.
Section C. Timing for the Provision of Commercial
Space
1. That the overall development goal of 60 square
feet of commercial space per equivalent residential
dwelling unit (including existing units) be maintained,
and that the total development of commercial space
be increased from 160,000 to 172,000 square feet
to meet the increased units of the development
approved herein.
2. That in order to achieve the ratio of 60 square
feet per dwelling unit and correct the existing
deficit, 40,000 square feet of commercial space
shall be constructed and made available for lease
in the first year of new construction at West
Village expansion and that 25% of such 40,000 square
feet shall be restricted to any of the following
uses or combinations thereof: retail grocery,
professional offices, pharmacy, cable T.V., phone
service, plumber/electrician, garden shop, music,
bakery, barber, bookstore, butcher shop, health
club, office supply, printer, limited industrial
uses, shoe store, hobby/stereo shop, .furniture,
restaurant, or similar retail uses which offer
goods and services primarily directed to the needs
and desires of local, permanent residents as opposed
to tourist-oriented ski shops, etc.
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3. That the development of Sinclair Mesa, as was shown
in the General Submission Development Schedule
on page 33, which is to be the town center, should
proceed before 1984. Approximately 30,000 square
feet of commercial space at Sinclair Mesa shall
be developed concurrently with the initial development
of East Village which is planned to occur in 1981;
the balance of 32,000 square feet at Sinclair Mesa
shall be approved in the detailed submission for
Sinclair Mesa. [The additional 12,000 square feet
of commercial space beyond the General Submission
as set forth in (C)(1) above shall be located in
Sinclair Mesa.]
4. That 75% of the commercial space at Sinclair Mesa
be restricted to those uses outlined in (C)(2)
above.
5. That no annual phasing limitation be applied to
the development of commercial space and that the
,developer be encouraged to develop such space as
quickly as possible.
Section D. Timing and Desi~..,n for the Provision of Community
Facilities
1. That 7.33 acres be reserved and deeded to the Aspen
School District for the location of an elementary
school at Meadow Ranch as was presented in the
"Alternate Development Plan" maps at the public
hearing and that the conditions presented on page
48 of the General Submission be accepted (conveyance
shall occur upon the request of the school district).
2. That adequate land be made available for a conference
center to seat a reasonable proportion of the
projected summer Snowmass conference business.
Such land shall be donated in conformance with the
conditions outlined on page 48 of the General
Submission, Land at parking lot number one will
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be considered for such a site or a suitable
replacement found.
3. That land be deeded to the County at the first
detailed submission for the following services
in conformance with the provisions referenced in
section IV.D.2. and map overlay 1-A, p. 46-48 of
the General Submission: a Transportation Center;
a Sheriff substation; a Library branch; a Civic
Center. All such service facilities appear to
be in acceptable locations in the General Submission.
These sites shall be surveyed by the County and
Snowmass Corporation shall convey marketable title.
Lands to be deeded shall be of adequate size and
location to meet needs of anticipated service levels
and be useable for such purposes and shall include
useable easements for access and utilities from
the nearest public road.
4. That the overall provision of land for service
facilities be phased in accordance with the "Planning
Element" commitment schedule attached as Appendix
"4." The transportation center site, as shown
on the General Submission map 1-l,wi11 be deeded
to the County at or before the first detailed submission
hereunder.
5. Since the Civic Center is to be located in Sinclair
Mesa, which is not yet the subject of a detailed
plan, the land to be deeded to the County for the
Civic Center may later be exchanged with Snowmass
Corporation for other land in Sinclair Mesa at
the detailed submission stage for that site. The
deed to the County for the Civic Center will contain
appropriate restrictions, such as a prohibition of
construction prior to 1984, and the proviso for
such land exchange.
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6. The Administration Center site will be leased at
neither a profit nor a loss to Snowmass Resort
Association at the location shown upon map 1-l,
General Submission, upon approval of the detailed
submission for West Village Expansion. In the
event Snowmass Resort Association does not desire
such land for an Administrative Center, applicant
shall nonetheless reserve the site for such purposes
until 1991. If a municipal government is formed
in the Snowmass Resort Area by that date, it shall
have first option to purchase (for a cash price at
which Snowmass Corporation will incur neither a
profit nor a loss) that site, or a mutually agree-
able alternate site, for the purposes outlined
at p. 48 of the General Submission. Failing the
formation of such a municipal government by 1991,
the County may elect to purchase under the same
conditions such site or a mutually agreeable alternate
site for the purposes intended, as identified on
p. 48 of the General Submission.
Section E. Trails/Transportation
1. That no fare be assessed for the intra-area bus
transit system, if operated by Snowmass Resort
Association. If applicant operates such system
a $.10 fare may be charged.
2. That cash and right-of-of contributions for Aspen/
Snowmass transit be given in conformance with the
General Submission and schedule attached as
Appendix "4".
3. That a commitment be made at or before the first
detailed submission for applicant's fair participation
towards improvement of Brush Creek road specifically
to improve and lessen the grades of such road between
Faraway Road and Woodrun Road. It is understood
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that Pitkin County, and Benedict Land and Cattle
Company will also contribute to such road improve-
ments. Snowmass Corporation shall waive Right of
Protest for formation of improvement district.
4. The trail system set forth in the General Submission
appears adequate. Twenty-foot easements shall be
provided for all trails.
Section F. Open Space
1. That all lands in excess of 30% slope (except areas
within the development areas described in section A)
shall be deed restricted, in perpetuity or such
lesser time to comply with the rule against perpetuities
as open space and such lands shall not contribute to
density calculations for consideration of any develop-
ment at any time. These areas are identified on the
attached map labeled Appendix "A".
2. Any property of applicant not specifically identified
herein for development, or already developed, or
designated for dedication for park or open space,
or granted for public service facilities or employee
housing, is zoned RS-160 and is found inappropriate
for development at this time. The findings herein
contain no implication that such areas may be developed
in the future; on the other hand, nothing restricts
such future consideration at a time beyond completion
of the development approved herein. It is the
opinion of this Board that the General Submission
as modified and approved herein embodies the
appropriate uses and constitutes a reasonable use
and development level for all property of the applicant,
any labels or designations on the submissions for
future development to the contrary notwithstanding.
3. That the additional following areas, identified on
map Appendix "A," be deed restricted as open space
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for the maximum time limits within the rule against
perpetuities: Divide, Campground, Hidden Valley,
the area previously shown for future development
under Lift ~~2, Horse Ranch North and areas adjacent
to the latter as shown on the map. This section
shall be read in conjunction with section (G)(3).
4. The areas identified in (F) (1) and (3) shall be so
deed restricted by no later than July 1, 1978, or
if any required surveying results permit, at such
earlier time.
Section G. Subdivision Dedication Requirements
1. The land dedicated to the County for public service
facilities under subsections (D)(1) and (D)(3)
shall be applied towards satisfaction of all
subdivision dedication requirements from applicant
for all development by applicant approved hereunder
and all of applicant's existing development with
an existing subdivision dedication deficit, all
as set forth below.
2. That 287 dwelling units have been developed on
lands owned by applicant during 1972 or later years,
which have a dedication obligation for 3.9 acres
of land (assuming an average of two bedrooms per
unit) to be dedicated for public purposes, and
that the general submission will create the need
for an additional 32.7 acres of land to be dedicated
for public purposes for a total outstanding requirement
of 36.6 acres (again assuming an average two bedrooms
per dwelling unit density.)
3. That in order to fulfill the above "public use
area dedication requirement," the number of acres
which represents the difference between the 36.6
acres, set forth in (G)(2), and the total acreage
which will be provided as set forth in (G)(1) will
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be donated and conveyed to the County as a public
park site in the Campground open space area. The
latter will be deeded as provided in (G)(4).
4. Only lands deeded to the County are considered to
fulfill the "public use area dedication requirement,"
and the Board hereby finds that the conveyances
to the County hereunder satisfy the subdivision
public use dedication requirements for existing
development and development approved hereunder
according to section 5.71,12 of the Land Use Code.
Section H. Water Runoff Management
1. That this Board recognizes certain deficiencies
of data in the runoff management plan prepared
by Wright-McLaughlin Engineers, however, in response,
the Woodward Clyde critique recommendations pose
no immediate solutions to long outstanding water
quality problems inherent in the artificial diversion
of West Brush Creek.
2. That the natural alignment of West Brush Creek be
restored with the general engineered. design outlined
in the Wright-McLaughlin "Runoff Management Plan"
Master Plan - Chapter V; provided, however, that
alternative designs such as that which replaces
Vidal Gulch with a 48" pipe may be allowed by the
County if definitively demonstrated to add no addi-
tional erosion and subsequent pollution to Brush
Creek. The final design shall be completed by
December 1, 1977 and must be approved by the Board
following submission to the County Sanitarian and
Engineer for review. In either event, the final
engineered design shall be accompanied by a revegetation
plan for Vidal Gulch which shall meet with the
approval of the County Extension Agent and Pitkin
County Planning and Zoning Commission.
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3. That the water monitoring program outlined
in the General Submission be undertaken in
1977.
4. That the specific "West Village" storm drainage
improvements outlined in Chapter V (pg. V-16)
of the Wright-McLaughlin Plan as supplemented
by Section IV, I.3.a.i, pg. 67, of the General
Submission be undertaken in 1977.
S. The Wright-McLaughlin "Runoff Management Plan"
Chapter V shall remain as an accepted plan for
the Snowmass area. However, the Woodward-Clyde
critique recommendations for improved data
gathering and establishment of a district shall
be heeded to determine the need for additional
Brush Creek improvements beyond the realignment
of the West Fork of Brush Creek. In 1980 a
presentation of results of the water quality
monitoring program shall be made to determine
which points, if any, of the Wright-McLaughlin
plan need not be implemented. Failing such
evidence indicating the lack of need for any
recommendations of the plan the whole of the
Wright-McLaughlin plan shall be implemented and
financed by any means available including
formation of a special drainage district.
6. Subject to the foregoing, specific stream stabli-
zation will be performed in conjunction with the
engineer's recommendations of Wright-McLaughlin.
Section I. Areas and Activities of State-Wide Concern
(as was specified by H.B. 1041 and incorpo-
rated in Land Use Code)
1. That special review for development contem-
plated in areas or activities of state-wide
concern and officially designated by Pitkin
County be deferred until the detail submis-
sion stage, subject to paragraph 2 below.
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2. That nothing herein shall be construed as an
approval of development activity in areas or
activities designated by Pitkin County Land
Use Code under enabling authority of H.B.
1041; provided however, that the Board hereby
grants special review approval for the acti-
vities of site selection of major extensions
of domestic water and sewage treatment
systems and site selection and development
of new communities as set forth herein.
3. That all development be set back at least
200 feet to the west of the westerly boundary
of the elk migration corridor as shown on
Pitkin County Wildlife Habitat 1041 maps in
the Eastrun and East Brush Creek areas.
Also in such areas, as well as in Sinclair
Mesa, there shall be deed restrictions
against the keeping of dogs.
Section J. Annual Review and Detailed Submissions
1. That the annual building allotment and phasing
contemplated in this resolution shall be regu-
lated through the incremental detailed submissions
and annual approval of final plats.
2. That final plat approval be specifically
conditioned upon the provision of services
outlined in Appendix "4".
3. That the general policies outlined by the
Snowmass Citizens' Caucus (Appendix "3") shall
be followed where possible. All detailed
submissions shall be referred to the Snowmass
Caucus for comment.
4. All policies of the Land Use Code and this
resolution shall be followed.
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5. Each detailed submission for a development
shall include a fiscal impact study (capital
facilities, special district analysis, and
service financing plan), indicating dates of
construction of any such necessary facilities,
specific impact upon existing or proposed
community and district facilities, and a proposed
allocation and distribution of any funding
obligation among relevant parties or entities,
including but not limited to, the applicant,
the County, Snowmass Resort Association,
Benedict Land and Cattle Company, Snowmass
Skiing Corporation, and any existing or proposed
special districts. Such study shall demonstrate
the financial feasibility of the detailed submis-
sion's impact, and an appropriate funding mechanism
to provide for any deficit in public financing shall
be determined at detailed submission.
Section K. Adoption as Master Plan for Snowmass
That the details of the General Submission be
referred to the Pitkin County Planning and Zoning
Commission for consideration of adoption as the
official County Master Plan for the Snowmass area
under the provisions of Section 30-28-106,
C.R.S. 1973.
Section L. Employee Housing
1. Seasonal employee housing:
a. Seasonal employee housing space will be
constructed by applicant within the tourist
condominium and commercial buildings and
restricted through deed covenants for 300
single occupancy and 50 double occupancy
rooms, to house 400 employees. For each
-19-
11 C,~1.~11 ~M~/~ I ~4~f`~~~
single occupancy room, there shall be at
least 173 gross square feet including a
bedroom, allocable share of common living
area, kitchen, and bath area. There shall
be not more than four bedrooms per such
common area. For each double occupancy
room, there shall be at least 300 gross
square feet including living, kitchen and
bath area. These rooms shall be developed
on a pro rata basis with development of
unrestricted condominium units. These pro-
visions for seasonal employee housing are
not subject to or counted in the development
and timing provisions of sections (A) and
(B) above. The County and Snowmass shall
consult and agree upon rental rate structures
for seasonal employee housing at the time of
annual final plat approvals using Housing
Authority guidelines for reference with the
view to providing affordable employee housing.
b. That 3.6 acres of land and appropriate access
and utility easements at the Arbieterdorf site
(but exclusive of the existing Arbieterdorf)
will be deeded to the County at the first
detailed submission for purposes of develop-
ment of additional seasonal employee housing.
Title shall be marketable but subject to the
existing access road easement and cost sharing
obligations for access, and the land able to
be used for the purpose intended under any
applicable covenants. It is currently
envisioned that such site would be used to
develop 30 double occupancy units and 243
single occupancy bedrooms built as 61 dormi-
tory units with four bedrooms plus common
kitchen, bath and living areas per unit.
-20-
However, this is not a limitation and County
shall be free to use this parcel and the
parcel to be conveyed in (L)(2)(c) below in
any combination of seasonal or permanent
units as it may determine are appropriate.
Snowmass Corporation shall retain
reasonable architectural controls.
c. The existing Arbieterdorf shall continue
to be used for seasonal employee housing.
2. Permanent employee housing:
a. Fifty single-family homesites within the
Meadow Ranch development area will be
subdivided to improved status (i.e.,
roads and utilities installed etc.).
These sites shall be deed restricted and
marketed in conformance with the sale price
and deed restriction guidelines of sub-
section (L)(3) below.
b. For $1.00 the County shall have an option,
fully assignable, until December 1, 1994,
to purchase up to 4.1 acres at the Snowmass
Villas site at a cash price of $11,700.00
per acre. Such written option shall be
executed by the first detailed submission.
It is contemplated that the site will provide
from 30 to 78 units, but density will be as
established by the County.
c. That 5.1 acres of land at the Arbieterdorf
site exclusive of the existing Arbieterdorf
and of the land set forth in section (L)(1)
(b) will be donated and deeded to the County
prior to or at the first detailed submission
hereunder for the purpose of the development
of permanent employee housing by the County
or its designee or for the purposes of addi-
tional seasonal employee housing as described
in (L)(1)(b) above, at the County's option.
~~~K32[l f~~.~~~~4
d. That 345 permanent resident condominium
housing units shall be constructed and mar-
keted by Snowmass Corporation according to
the sale price and deed restriction guide-
lines described below. These units will be
constructed and phased pro-rata in reasonable
conformance with the overall development plan
as outlined in section (A) and (B) above.
e. That 80 single family lots will be subdivided
to improved status (roads and utilities)
and made available by Snowmass Corporation
in the Sinclair Mesa area and deed restricted
and sold in conformance with the sale price
and deed restriction guidelines described
below in (L)(3).
f. Snowmass Corporation shall retain reasonable
architectural control with respect to
developments described in this subparagraph
(2) which shall be determined at the time
of detailed submission.
3. Restricted Lots-Sales Price and Deed Restriction
Guidelines
a. The initial price of restricted lots shall
not exceed 75% of the price of similarly
sized unrestricted lots put on the market
by applicant at approximately the same time.
If applicant reduces the price of such unrestricted
lots it shall make a proportionate reduction
in the price of such restricted tots. In the
event there has been no prior years' sale of
similarly sized unrestricted lots then restricted
lots will be priced not to exceed 75% of the
average initial sale price, within the preceding
six month period, of similarly sized unrestricted
lots. In the event that there are no similarly
sized unrestricted lots, then the offering
-22-
price of the restricted lots shall be determined
by multiplying 1.125 times the average sales
price per square foot of the average initial
sale price within the preceding six month
period of the next larger sized lots, multi-
plied by the square feet in the restricted
lot. Thus, for example, absent a comparable,
unrestricted lot, if a 15,000 square foot
unrestricted lot sold for $30,000, a
restricted lot of 6,000 square feet would
be offered at a price of 1.125 x $2.00 per
square foot x 6,000 square feet, or $13,500.
b. The price of a restricted lot will not be
increased by the developer while it is on
the market as a restricted lot.
c. Restricted lots will be made available to
all licensed brokers, through multiple
listing or other equitable means, to ensure
adequate sales representation.
d. Buyers for restricted lots shall be quali-
fied and approved under Pitkin County Housing
Authority criteria.
e. If despite two years' bona fide marketing
efforts, 40% or more of the restricted lots
in any development area remain unsold, the
deed restrictions shall lapse 30 days after
written notice is given to the Board; provided,
however, that if the same condition (40% unsold)
exists concerning unrestricted lots having
been marketed for at least two years, the
provisions in paragraph (L)(3)(f) below apply
and such restrictions shall remain in effect.
f. If 40% of both restricted and unrestricted
lots marketed for two years are unsold,
development of further restricted lots shall
be deferred so long as such condition exists.
-23-
:~~i~K 32U ; .;~~ ~
g. If any single restricted lot remains unsold
after three years' bona fide marketing
efforts, the deed restrictions shall auto-
matically lapse and terminate 30 clays after
written notice is given to the Board.
h. Reasonable architectural controls shall be
retained by Snowmass Corporation and estab-
lished for all restricted lots at the time
of relevant detailed submission.
i. Snowmass Corporation has no obligation to
finance or secure financing for any lots.
j. At any time the County will entertain an
application to remove the sales and deed
price restrictions upon unsold restricted
lots upon satisfactory evidence that sub-
stantially because of such restrictions the
lot or lots are not reasonably marketable.
k. Foreclosures shall be considered as unsold
lots for the purposes of this subsection (3).
4. Restricted Condominiums-Sales Price and Deed
Restriction Guidelines
a. Restricted condos will be priced on the
same basis as unrestricted condos being put
on the market at the same time as adjusted
only for differences in construction costs
and condo size; provided however, profit
markup over cost shall not exceed 20% of
such cost and provided further that costs
attributable to such restricted condos for
such calculations shall be only direct con-
struction costs of such units and shall not
include general administrative and overhead
costs nor an apportionment of general amenities
or other off-site costs. Snowmass Corporation
records shall be open to the County for verifi-
cation but information so obtained shall remain
confidential. And, further provided that,
-24-
4~'U~3~U ~.~~;~~~7
restricted condos will be priced not to
exceed 80% of the price of the lowest priced
unrestricted condo with equivalent bedrooms
built during the same construction season.
It is understood that restricted condos
will be of a non-luxury design with cost
savings realized through the exclusion of
non-essential tourist facilities and luxury
amenities and materials.
b. While any restricted condos remain on the
market or remain to be created, Snowmass
Corporation will not create any unrestricted
condos at a competitive price, except as
provided in (d), (f) and (h) below.
c. The provisions of subsections (3)(b), (c)
(d) and (i) also apply to restricted condos.
d. If any restricted condo remains unsold
despite one year's bona fide marketing
efforts, following completion of such unit,
then such restrictions shall automatically
lapse and terminate (initial sales only)
30 days after written notice is given to the
Board, and it may thereafter be marketed as
unrestricted.
e. Snowmass Corporation shall not be required
to (but may with County approval) build more
than 23 restricted condos per year minus the
number of unsold restricted condos in its
inventory on April 15 of each year. This
deferral provision, however, shall not
lessen the total number of such units to be
constructed as set forth in (A) above.
f. Application may be made by Snowmass Corpor-
ation for the abandonment of the restricted
condominium program. Such application
shall be accompanied by evidence to prove
-25-
the unmarketability of restricted condo
units. One substantial indicia of such
evidence would be that a much greater
proportion of unrestricted, relatively
comparable, condos were sold in relation
to the unsold restricted condos. In the
event of abandonment of all or a part of the
restricted condo program, no conversion of
the allocation of unbuilt restricted condos
so abandoned to unrestricted shall occur.
g. As part of the detailed submission, the Pitkin
County Housing Authority may specify the
maximum size and room configuration of the
restricted condos to be constructed, with
Snowmass Corporation to retain reasonable
architectural controls.
h. Snowmass Corporation shall be relieved
from the restricted condo construction
obligation if a mutually acceptable firm of
nationally recognized Certified Public
Accountants shall give its opinion to the
County that Snowmass Corporation has, to the
date of such opinion, incurred cumulative
losses on a pre-tax basis of $250,000, and
such losses can be shown to have been in-
curred as an exclusive result of the
restricted condos program using comparable
costing methods for restricted and unre-
stricted condos; provided however, that
general administration and overhead costs
not directly attributable to this program
shall not be included in such calculations.
Details for the method of accounting and
firm selection shall be agreed to at the
time of the relevant detailed submission.
Fees for such accounting service shall be
paid by Snowmass.
4)`:Ul1YiJV ~.~1r1.~j~~
i. In the event Snowmass Corporation is relieved
from further construction of restricted
condos under the provisions hereof or the
program is deferred for three consecutive
years in accordance with paragraph (L)(4)
(j) below, or in the event that the pricing
mechanism described in section (L)(4)(a),
results for two consecutive years in sale
prices for such condos in excess of the present
restricted (or replacement) sales price standard
of the Housing Authority, then the County shall
have an assignable option until 1994, exercisable
fully or in such phases as the County may elect
to purchase at a price per acre that will not
result in either a profit or a loss to Snowmass
any proposed restricted condo development sites
in the development areas specified in section (A)
and the right to thereafter develop restricted
condos therein in accordance with the phasing
of section (B). As to any development area and
units for which the County so exercises its option,
Snowmass is relieved of any construction obligation.
It is the intent of Snowmass Corporation to
construct the restricted condos within the
structures of the unrestricted condos.
Therefore in order to provide suitable sites
for such restricted units in the event of
the exercise of the County's option in
accordance with this paragraph, there
shall be identified at the time of detailed
submission and set aside and designated
sufficient lands within the particular
development area for the construction at a
density of 20 units per acre of the number
of restricted units specified in section
(A). Thereafter as each increment of
-27-
c f~ ~+c~
~UUKU..U i~~,GE Ut7U
restricted units are constructed there
shall be released at the annual final plat
stage such pro rata portion of such desig-
nated lands as bears relation to the number
of restricted units then constructed.
j. The restricted condos program shall be
deferred during any construction season
prior to which Snowmass is able to demon-
t
strate to the reasonable satisfaction of
the Board that restricted condos cannot be
constructed other than at a loss. The
opinion of independent experts and the
accounting firm described above shall be
taken into consideration in reaching such
determination.
k. Forclosures shall be treated as unsold
restricted condos for the purposes of this
subparagraph (4).
1. The County shall have an option to purchase
five acres for the purpose of employee housing
in the East Brush Creek area at a price per
acre that produces neither a profit nor a loss
to Snowmass Corporation. Such option shall be
granted for the sum of $1.00 and executed in
writing at the detailed submission stage for
the East Brush Creek development area, and the
option may be exercised until December 31, 1974.
Such acreage shall be reserved by Snowmass
Corporation.
Section M. Further Matters
1. It is understood that upon final plat approval
of any subdivision hereunder that the customary
Subdivision Improvements Agreement will be
entered into with such provisions as may be
appropriate in the circumstances.
2. Snowmass Corporation agrees that if for any
reason it conveys (voluntarily or otherwise)
~~o~~~~ f~n~~ ~~3~.
land rezoned hereunder such conveyance shall
specifically be subject to this resolution,
which shall be recorded in the records of
Pitkin County to reflect its nature as covenants
binding and running with the land.
3. If at the instance of Snowmass Corporation, or
its successor developers of all or any substantial
portion of undeveloped lands approved for development
hereunder, any part of this resolution is held
invalid, the whole resolution shall be considered
void and of no effect, the intent being that this
resolution be valid solely in its totality or
not at all.
4. All findings required to be made under the
Pitkin County Land Use Code and applicable law
for approval of the General Submission as
herein modified, and for rezoning are hereby made,
including but not limited to the findings required
by Section 5.30.01 concerning adequacy of housing
requirements and lack of exclusionary development.
5. That all deeds and options to be granted to the
County or to Snowmass Resort Association, as
contained herein, may be conveyed by applicant
without further Land Use Code Submittals by
applicant on those specific parcels.
6. Applicant already uses certain portions of the lands
zoned RS-160 under subsection (F)(Z) hereof. Such
uses in those areas that would therefore become non-
conforming are hereby granted Special Review Use
Permits under Section 7.02.a of the Land Use Code,
subject to existing restrictions applicable to those
uses if any (e.g., Krabloonik resolution). Those
existing uses shall be specified in a letter (and
map if necessary) from the applicant to the Planning
Office. Also, those portions of applicant's land
-29-
RJUK ~1~U f'~1~E ~V1~-
referred to in (F)(2) that are indicated for occu-
pancy by proposed ski lifts under plans of Aspen
of Snowmass Skiing Corporations are zoned AF-1 rather
than RS-160; provided however, no approval for such
lifts is implied hereby.
Dated: /~'Z ~ ~~'
A
Cl k
„~:
-30-
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY
~~~n~~(~ ~,~~~~~~
Appendices 0, 1, 2, 3, S, and 6 are contained in the
Public Hearing File.
:. r~~.
19?? 1978 1979
West Village Sxpansion
1980 19rl1
__._,_
116 Units 118 Units 118 Units 131 Units
30,000 ~ 20,000
Sq. Ft. SQ. Ft.
Cotztnercia 1 Comc~ercia 1
1, 772 llnltitamily tTnits
~~ 16q, 000 (Eat. )
art ltet o!
•mawuc~i.ttl Space.......
118 units
10, Ot-0
Sq. .'t.
Commfsrcial
Ridgerun IV
Hot~esites.,........ 32 Units
dative Totsl UriitNf: 148
Zector Bus Syst~a...
Meadow Ranch
30 Units
295
30 Units
444
17 Units
592
30 units
• Contribution up to
$150,000 for U-route 1978
plus limited loop
k~ansiarea•Mass••••.••~ uponrrequest (197700 000
• Grant of $64,000
~' right of way (1977)
Opan Space in • Deed restrictions oti 5 areas
Peruatuity ............. totaling 460 acres :1977)
740
• Gr.j: East Vi
ski :asements
Qublfcs Facilities • Sites dedicated to County, totaling 13 acres, for: Sheriff'; substat
bite Sedieatia'is....... • Provide site for Resort Association .Facilitieo (1978)
~..reatiOtCia~ • Complete construction of Games Area (1978) 1
':ultural Facilities.. ~ Chapel site dedication, payment of fees (1978)
- • West village Expansicm internal facilities (1977-80) • East Village 5
• Site dedication for conference center upon determination of proper l
• Construct 2 additional • 2 additional
~ tennis courts (19?8} tennis courts (19£30) ~
CI'~ila~ nedioatic>Ans:... Grant easements for 11.6 miles of pedestrian and equestrain trails (.
• Complete study of northern and alternate eque_arian tr.
Tatar 1t~off
9~.:........, .. stater tnonitorinq Pro9raa-. $50, OOn (177-78)
•Initiate constrc~~~tion of West Village control facilities (~ y77)
~Initiate construction <,f t~,~. ~-~ I contro
dsd hpswa~sat~t....... • r gnment a
. ~ ~., , 'reek Roa
1p3~~yN ~i~•....~Construct 3~ f;.ii,U. in w. Village t3"x~-stnaina (~',..~ ;"'>'~
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APPENDIX "6" pg.2
October 25, 1976
PARCEL A
ARBEITERDORF
A parcel of land being part of Tract 45, Sections
1 and 2, Township 10 South, Range 86 West of the 6th
Principal Meridian. Said parcel is more fully described
as follows: °
Beginning at a point on the southerly right-of-way
of Brush Creek County Road whence the east quarter corner
of said Section 2 bears N 20°W, 300 feet more or Less;
thence south 50 feet more or less to the northerly bank
of Brush Creek; thence 1400 feet more or less southwesterly
along said northerly bank to a point whence said quarter
corner bears N 43°E, 1560 feet more or less; thence south
275 feet more or less to the northerly edge of Brush
Creek Road; thence 2300 feet more or less along the
Brush Creek Road right-of-~aay to the paint of beginning
excepting that portion leased to Arbeiterdorf, including
easements, of 0.67 acres more or less. Said parcel, less
exceptions, contains 8.7 acres more or less.
t'
,_..
.~
i
i ~k1i1 ~~~ E'~~~+~ ~~~
October 25, 1976
FARCEL "B"
(VILLAS)
A parcel of land being part of Tract 37, Section 31,
Township 9"South, Range 85 West of the 6th Principal
Meridian; Section 36, Township 9 South, Range 86 [west
of the 6th Principal Meridian; Section 6, Township 10
South, Range $5 West of the 6th Principal Meridian;
Section 1, Township 10 South, Range 86 West of the 6th
Principal i~4eridian. Said parcel is more fully described
as follows: -
Beginning at a point on the southeasterly right-of-o;ay
of Brush Creek County Road whe
corner of said Section 31 bears
less; thence south 140 feet mo
300 feet more or less; t3:ence S
less to the easterly corner of
northwesterly along the Villas
Creek Road right-of-way; thenc
along said right-of-way to the
parcel contains 4.1 acres more
nce the south~ti~est section
S 52°W, 750 feet more or
re or less; thence S 35°W,
50°W, 600 feet more or
the Villas site; thence
boundary to the Brush
e northeasterly 925 feet
point of beginning. Said
or less.
l~d
d'" ~,
~ ~~~~~1~ f'~1lss. ~~~
October 25, 1976
PARCEL C
EAST RUN
A parcel of land being part of Lots 17 and 26, Section
5, Township 10 South, Range 85 West and the SE 1/4 of the
NE 1/4 and the E 1/2 of the SE 1/4 Section 6, Township 10
South, Range 85 West of the 6th Principal Meridian. Said
parcel is more fully described as follows:
Beginning at a point on the centerline of said
Section 6 whence the East 1/4 corner of said Section 6
bears east 750 feet more or less; thence north 600 feet
more or less to~the southerly right-of-~~~ay of the existing
Owl.Creek Road; thence easterly 1100 feet more or less
along said right-of-way; thence south 900 feet more or
less; thence west 725 feet more or less; thence N 35°W,
600 feet more or less to the point of beginning. Said
parcel contains 23.0 acres more or less.
~:
,~
~,
l;
Exhibit A is recorded in Plat Book 5, Pages 3b and 37.
(Reception Number 189598)
SNDU1 M <Fs~ CrENE,I°c. ~+.c$/Y!! SSiio ~ MflPS