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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~~ t~O~K ~~Cl r},~c~ ~U~ 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 w~~OKJ~d1 +:~,~,~C3U'~ 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 -2- ..~~,, z ~.~ ~u w~~U f~~~,~€ ~U~ 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. -3- ~~;~~!K~~U ~,, ~ ~~ 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 -4- wUK V~~ ~'~,a~ ~~ 1 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: -5- ~~~~~ 3~U ~~,,~~ ~~~ r ~ 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 -6- r~~z~K ~~~ ~ ,RGE ~U~ 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. -7- ~~~K V~U f'AG~ ~U 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 -R- g~~~KJ~U i'AG~~~~ *"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 -9- ,,;, `~~uKtJ~V ~~rGr :.~,~ 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. -10- ~~~K ~~U P~~~ ~~.~ 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 -11- 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. -12- ~~~K~~ ~~~~~~1, 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 -13- ~~~~ ~~~ f~~~~ ~i~ 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 -14- ~~~~ ~~~ f'A~r~ ~~ 1 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 -15- ~kf~~~/+IkJ 1~4~~lk ~~~ 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. -16- ~~~K32U ~~,~~~~19- 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. -17- r (~ 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. -18- ~~o~~~~ ~ ~~,~ ~~ 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 (~',..~ ;"'>'~ ~• ~~~ ?,; ~~ .-i~ ~~ r^ ~{ .~-1 ch ix-' ~ `; W ("a W .,~ ~ ~ v~ ,'.~ ~ ~ W U. ~ ~* ~ H G ~-~ ~ ~` ~ O ,'' ~ U f, ~ f ~ (:. ", ~.. ,~ G7 E, ~., ~; c; a w ~~ ~< ~ a ~ ~ t~ :.. ~ ~~ ~u W W W _ ~ ~ L~ "~ ~' a ~ ,1 „~ ~ w E-+ ~ ~ 3 rt ,~, ~' ~~ (,3 N r~ ~' o ~, f { ~~~ i, ,., ~i ': i ~D CO ~~ ~~ iR .r1 ..~. :7 O ~,D r7 µ r°1 •~ W ~ r N~ v ~~ s~ ~ `'?„ `~ ~ ~ r--~ fb ~ .ri +~ U `~ ~ ~ ~ u c'~ ~~ ~ s~J c_ N •r G d' ~~ ~,l ra~ N` r-t ~{S1 y 4~ 1~ ~ m ,~ r i t0 . r4 U O ~ u o c:. O p' ~ O ~ ~ ~ O s r-~ N C'- O N N .~ } ~ ~ ~~ ~ C .~+ a ~ ro •~ l.t .~ O ~ ~ ~J ~ ~ ~; O N O f, c+i ctl U M tl1 ~ t- + ` ~+ , t Nj ~5, c~ . ~ u, ; r: N ~ ~ .~ ~. `f . ~ N ~, C!] .-~ N ~ ' ~ r^y ~ M q v '-~ ~, U ~ ro ~ '~ ~ •--; ~ ' ~ ~ ~ ~~ ~ ~ ~ ~ p ~ `~' N ~ .-+ w ~ .-+ N r„~ N .~3 fT r{ ~ ~ ~ • U •~ ~ f ~_ ~ o ~ -+ ~ ~ ~. '-i N ~ V ,-~ , N (~, O O u ~' ~ ;; o .+ ~ ..,~ *S O ~ O ~ r~ ~ O ~ ~ ~ p ~ ~ ~ r'~ .~ r+ ' c~ 0 m rn a~ .,~ .,~ V w N r ~ ~ O .X ~ Q3 ~. U ~ U N ~--~ ~ ~ ~ ~ `~ o a ~+ .,~ L. ~ ~ ..~ u; . ~ by '~+ 2s ~ ~~ N ~ ~ l~ r4 ~~ a ~ ~ ~ O U ~~ ~ N ~ N ~ b ~ 0 ~r w rn ~ ~ 6, ~ .r+ ,, ,. . .(4 ~ r~ r'~ .ri U ~ ~ O + : i . ~ U '"~ ~ US ~ .,.~ ~ ~ ~ ~ N ,4- T N r ~ a ~ N ~ ~ ~ ..i ~ rt U U U ~ N ~ N ~ ~ Ul ~ fll • `~ ~ ~ ~ ,.., ~ cr ~ ~ ~ i v ~ ~ .~ v ~ •ri ~ }1 : ~ ' `~ a i L? . ~' v .a. U ~ N ~ ~ . ,a O '~ ^ N ~ ,~ U •rl • ~ v w ~ ~ r' v ~ o ~ ~~ ttl ~ ~ ~ ro ~ ~; ~ o ~ ~ ~ ~ ~ ~ ~ t 0 ~ p V ~ r{ ,~ w C r ~ c- ~ ~ .~+ ~ ~ g~o~3~C1 -~~~~~~~~ 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