Land Use Code Rewrite - Phase II Proposal -...

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TG Malloy Consulting, LLC Garfield & Hecht Attorneys Bluegreen Land Use Code Rewrite - Phase II Proposal Garfield County | Colorado

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TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Land Use Code Rewrite - Phase II Proposal

Garfield County | Colorado

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Land Use Code Rewrite - Phase II Proposal

Garfield County | Colorado

Table of Contents

Section 1 | Statement of Interest

Section 2 | Scope of Services Part 1 – Establish List of Code Revisions

Part 2 – Code Revisions Iterative Drafting Process Part 3 – BOCC Review Process

Section 3 | Timeline

Section 4 | Experience

Description of Relevant Experience Firm Profiles

Resumes

Section 5 | Representative Projects New Castle Municipal Code

Carbondale Commercial Code Amendment Evaluation Basalt Master Plan

Snowmass-Capital Creek Valleys Master Plan Emma Master Plan

Carbondale Infill Guidelines & Review Criteria New Castle Master Plan

New Castle Home Rule Charter Basalt Home Rule Charter

West Village Revitalization Plan Top of the Rockies Scenic Byway Plan and Design Guidelines

Section 6 | Project Cost Estimate/Budget

Section 7 | References

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Section 8 | Disclosure and Completed Attachments

Data Disc Representative Projects

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Section 1 | Statement of Interest

The members of the our team live and/or work in Garfield County and use the land use code in our work on a regular basis. We understand the value of well written and meaningful regulations and have experienced the frustration of working with codes that are overly complicated and ineffective. We’re excited by the prospect of helping our community create a land use code that’s easier to use while preserving the County’s existing character. We share the County’s desire to have a land use code that provides reasonable protections but is not a burdensome obstacle to quality development that could stimulate the economy. Our team offers a thorough knowledge of the Garfield County Unified Land Use Resolution and provides the expertise required to ensure that the revised land use code will be a document that will provide concise guidance for future development and the people who participate in the development process. The team we have assembled includes the local firms of TG Malloy Consulting, LLC, Garfield & Hecht Attorneys and Bluegreen. Together we have broad experience in land use planning, zoning administration, land use and real-estate law, public process facilitation, subdivision design, GIS mapping/analysis and effective design graphics. Members of our team have prepared land use and municipal codes, land use application manuals, development applications, design standards, and conducted special planning studies on a variety of issues for both municipal and county governments in the region. The County made great progress on improving its land use regulations through the hard work that was conducted over the past year by the staff, consultants and the members of the Advisory Committee. We have familiarized ourselves with the Garfield County ULUR Assessment Report (Assessment Report) and the Phase I code revisions that are currently under consideration for adoption. The scope of services outlined in this proposal has been designed to build on the work that has been undertaken to date and pursue the “comprehensive code revisions” described in Part Three of the Assessment Report. This will include potential revisions in the five categories listed below as well as a substantial list of specific technical corrections identified in the appendix of the Assessment Report.

1) Update the Zoning Districts to Implement the Comprehensive Plan 2) Overhaul the Subdivision Review Process 3) Replace Use Review with Site Plan Review 4) Prepare Additional Development Standards per the 2030 Comprehensive Plan 5) Oil and Gas Updates (some of these have been addressed in the Phase I revisions)

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Part Three of the Assessment Report also recommends modernization of the ULUR including reorganizing the document and incorporating more illustrations among other improvements. We strongly agree that these measures would make the code more efficient and easier to comprehend. This is one of the reasons that we have included Bluegreen on our team. This talented planning and design firm not only offers extraordinary graphic capabilities, but they have prepared design guidelines and form-based codes and conducted planning studies on a variety of issues. The 12-member Advisory Committee that has been appointed to provide input and guidance on this project represent diverse opinions on the issues of development, environmental protection and the role of land use regulations in these matters.1 We believe this diversity of opinion will be a valuable ingredient in the process of creating the most effective and efficient land use regulations for Garfield County. We also recognize the challenge that this diversity represents for completing the comprehensive code revisions within the 6-month project timeframe. The core members of our team all have demonstrated ability to facilitate diverse groups. Tim Malloy of TG Malloy Consulting, LLC has been a facilitator on numerous successful planning processes throughout the Roaring Fork Valley over the past 20 years. Mr. Malloy’s project experience includes municipal comprehensive plans, county master plans, airport master plans, and numerous other special planning studies. Mr. Malloy’s approach to public process facilitation is based on defining common ground and on a deep commitment to fostering an honest, transparent and engaging dialog focused on achieving what’s best for the community. Drafting the comprehensive code revisions contemplated in Part Three of the Assessment Report will require a thorough understanding of the existing Garfield County ULUR, and the physical and legal context within which they are used. David McConaughy of Garfield and Hecht Attorneys brings the unique perspective of having processed land use applications under the ULUR and its prior versions for many private clients as well as litigating the validity and enforceability of land use code regulations adopted by Garfield County and other local governments. David has represented clients in a wide range of land use application matters with the County including building permits, special use permits, major impact review applications, zoning changes, subdivision exemptions, subdivisions, and PUDs. He has also represented private clients in condemnation proceedings with the County. He has litigated cases (both as plaintiff’s counsel and as defense counsel) challenging land use decisions and land use code provisions under both state and federal law, including but not limited to issues involving the interplay of comprehensive plans and more specific land use code provisions. He has been involved in every aspect of land use codes, including adoption, implementation, enforcement, amendment, and litigating constitutional and other challenges. 1 The appointed committee members include Dave Smith, who is employed as an associate attorney with Garfield & Hecht. Mr. Smith has authorized us to state that he is committed to the public service of his role on the committee, but he would recuse himself from any decisions regarding the selection of a team that includes his own firm and would step down from the committee if deemed necessary to avoid conflicts of interest or the appearance of one.

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Staff Role

The County staff will play a critical role in the code rewrite process. The Building and Planning Department and County Attorney’s office will provide technical advice regarding the proposed list of code amendments and draft code amendment language. The Building and Planning Department will also assist in coordinating meeting dates and agendas for the Advisory Committee and Board of County Commissioners meetings. The Building and Planning Department staff will also maintain current information related to the code rewrite project on the County’s website. TG Malloy Consulting, LLC will be the prime contractor and will lead the project. Mr. Malloy will act as the primary facilitator and will also be the principle drafter of the proposed code revisions. David McConaughy will act as co-facilitator and will be a contributor on the proposed code revision text. Mr. McConaughy will also review proposed code text for consistency with state statutes, and relevant case law and legal precedents. Garfield and Hecht Attorneys also have administrative staff that can be available to take notes during meetings if needed. Bluegreen will provide graphic support and technical expertise. Sheri Sanzone will also participate in selected meetings where discussion topics will include development standards and other topics that would benefit from her design and development experience. We anticipate that the County staff will also play a critical role in the code rewrite process. The Building and Planning Department and County Attorney’s office could provide invaluable technical advice regarding the proposed list of code amendments and draft code amendment language. The Building and Planning Department could also assist in coordinating meeting dates and agendas for the Advisory Committee and Board of County Commissioners meetings. We would also work with the staff to maintain current information related to the code rewrite project on the County’s website. The members of our project team are passionate about our work in planning, design, development and land use law. We are committed professionals who live and work in the Roaring Fork Valley and who have personal experience working with the Garfield County Unified Land Use Resolution. Of course, we will comply with Garfield County’s Purchase of Services Agreement. We believe our combined skills and experience uniquely qualify us to assist the Advisory Committee and the County in developing code revisions that eliminate unnecessary regulatory barriers, streamline development procedures and make the code more efficient and user-friendly.

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Section 2 | Scope of Services 

 

 

Part 1 – Establish List of Code Revisions Task 1.1: Review background studies and related documents, including:

a) February 2012 proposed Phase I code revisions. b) Spring 2012 stakeholder interviews. c) Clarion Associate’s Assessment Report, including recommendations

regarding comprehensive code revisions. d) Working group’s recommendations for code changes (December 19, 2011). e) O&G Operators list of possible amendments. f) 2030 Comprehensive Plan.

Deliverables: Memo summarizing key findings and outcomes of Assessment Report and Phase I code amendments process. Team Member(s): Malloy, McConaughy

Task 1.2: Facilitate Advisory Committee meetings. The consultant team will facilitate a series of meetings with the Advisory Committee. The purpose of these meetings will be to recap the important outcomes of the work done during Phase I and to define a set of code revisions that will be the focus of Phase II. These meetings will encourage open dialog and will not utilize a consensus approach or formal voting. Emphasis will be placed on achieving the objectives contained in Part Three: Comprehensive Code Revision, of the Assessment Report prepared by Clarion & Associates (June 2011) and the Appendix Item 2: Long-Term Revisions of the same report.

This task will also include periodic meetings with the County Staff to brief them on the progress of the advisory committee meetings and to seek advice regarding technical issues. The staff will also assist with scheduling meeting venues and distributing written materials to the Advisory Committee for the meetings.

Deliverables: Meeting notes and a draft list of proposed Phase II code revisions to be pursued during Part 2 of the project scope of services. Team Member(s): Malloy, McConaughy, Sanzone (as needed)

Task 1.3: Present proposed list of code revisions to the Garfield County Board of County Commissioners (BOCC). The consultant team will present the outcome of Tasks 1.1 and 1.2 during a worksession meeting with the Garfield County BOCC. The purpose of this meeting will be to seek comment and direction from the BOCC regarding the work to be conducted during Part 2 of the code rewrite process.

Deliverables: Final list of proposed Phase II code revisions and summary notes containing any BOCC direction for the next phase of the process. Team Member(s): Malloy, McConaughy

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Part 2 – Code Revisions Drafting Process Task 2.1: Prepare draft code revision language and graphics. Based on the list of Phase II code revisions and other direction obtained during Part 1 of this scope of services, the consultant team will develop a working draft of the proposed code amendments including text and graphics. The working draft will honor the style and format established during Phase I of the code rewrite process. Graphics will be utilized throughout the document, where appropriate, to provide examples of standards and criteria or illustrate concepts that might otherwise be difficult to understand. The code revisions will be written using simple and direct language, avoiding jargon and legalese as much as possible.

Deliverables: Working Draft of Phase II code revisions as defined in Part 1 of this scope of services. The working draft will be provided digitally for distribution to the staff and members of the Advisory Committee. Team Member(s): Malloy, McConaughy, Sanzone

Task 2.2: Facilitate a series of meetings with selected staff members and the Advisory Committee to present and refine the draft code revisions. We recommend that a staff technical committee be established to provide input and support during this phase of the code rewrite process. Comments and suggested language from the staff and Advisory Committee members will be recorded digitally during these meetings. However, additional refinements to the language and graphics covered during a particular meeting may need to be made by the consultant team prior to the next Advisory Committee meeting. Each Advisory Committee meeting will begin with a review of the consultant team’s refinements from the prior meeting, if any, before moving on to new topics. This process will continue until all of the Phase II code revisions contained on the list developed during Part 1 of this scope of services have been addressed.

We anticipate 6 or 7 such meetings over a two month time period in order to get through the volume of information anticipated in the working draft document. We recommend that these meetings occur less than two weeks apart in order to keep information fresh for the staff and Advisory Committee participants.

Deliverables: Refined Draft of Phase II code revisions. Team Member(s): Malloy, McConaughy

 

Part 3 – BOCC Review Process Task 3.1: Present Refined Draft of Phase II code revisions to the Board of County Commissioners for review and modification. Facilitate a series of two to three worksession meetings with the BOCC to present and discuss the proposed Phase II code revisions and take comments and direction from Board members regarding modifications to the document. Deliverables: Summary notes for modifications to the draft Phase II code revisions.

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Team Member(s): Malloy, McConaughy, Sanzone (as needed) Task 3.2: Prepare Final Draft of Phase II code revisions based on input from the Board of County Commissioners. Deliverables: One print-ready copy and one digital copy of Final Draft of Phase II Code Revisions.

Team Member(s): Malloy, McConaughy, Sanzone  

 

 

 

 

 

 

 

 

 

 

   

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

 

Section 3 | Timeline

  

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

 

Section 4 | Experience  

TG Malloy Consulting, LLC: Tim Malloy

The team will be directed by Tim Malloy, who has more than 27 years of experience with private planning and design firms as well as government agencies, including 20 years of experience in planning, site design and public process facilitation in the Roaring Fork Valley. TG Malloy Consulting, established in April 1999, provides a broad range of planning and design related services for public and private clients, including land use planning, public process facilitation, policy planning and comprehensive planning for both municipal and county governments. Mr. Malloy is deeply familiar with planning and zoning principles and contemporary solutions for a wide of range of issues facing western communities, including growth management, land use compatibility, affordable housing, preservation of small-town character, infill development, and natural resource exploration and extraction, among others. For the past 15 years Mr. Malloy has served as a planning consultant for communities in Western Colorado and is well versed in state and federal land use laws and their practical application for local land use regulations. Mr. Malloy has valuable experience preparing comprehensive plans and land use regulations for several communities in the region. As a former county planner, Mr. Malloy also understands the importance of drafting and administering land use and subdivision regulations from the planning staff’s perspective. Among his other responsibilities, Mr. Malloy will be the primary facilitator of the advisory committee meetings and one of the principal drafters of the proposed code amendment language. Mr. Malloy will also participate as a presenter during the meeting(s) with the Board of County Commissioners. Mr. Malloy’s resume and other information regarding the firm are included in the appendix of this proposal. Garfield and Hecht Attorneys: David McConaughy David McConaughy graduated cum laude from Harvard University in 1990 with a degree in English and American Literature and Language. He obtained his law degree from the University of California at Berkeley in 1995. He is admitted to practice law in the State of Colorado and in the United States District Court for the districts of Colorado and Nebraska. Mr. McConaughy began his practice as a litigator in Denver in 1995 but has focused on land use, real estate, and local government law since moving to Glenwood Springs in 1998. He was previously a shareholder of the firm Leavenworth & Karp. In 1996, Mr. McConaughy joined Garfield & Hecht and is currently a shareholder of the firm and manager of the Glenwood Springs office. Garfield & Hecht has offices in Aspen, Basalt, Avon, Glenwood Springs, and Rifle. With 23 attorneys, the firm is the largest law firm in Colorado that is based entirely on the Western Slope. The firm has been rated AV by its peers, which is the highest

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

possible rating. For more information about the firm including lists of representative clients, please visit www.garfieldhecht.com. Mr. McConaughy has represented the Town of New Castle since 1998 and has personally written or reviewed most of the New Castle Municipal Code including its land use and zoning provisions. As Town Attorney, Mr. McConaughy worked closely with planning consultants in the adoption of the New Castle Master Plan and prepared the ordinances necessary to adopt and implement that Plan. Mr. McConaughy also drafted the Home Rule Charters for the Town of New Castle and the Town of Basalt which were adopted by the voters of both towns. Mr. McConaughy has participated in workshops and public hearings at the request of Garfield County staff in connection with prior revisions to its land use regulations, including both the general code revisions as well as specific rules and regulations pertaining to regulation of gravel pits. Mr. McConaughy has represented numerous private clients processing all types of land use applications in Garfield County since 1998. These projects include special use permits and similar applications for Lafarge West at the Mamm Creek, Powers, Sievers, and Cerise properties; subdivision and PUD applications for Springridge Reserve PUD, Pinyon Mesa Subdivision, Eagle Ridge Townhomes, and Valley View Village. Mr. McConaughy has represented private clients processing subdivision exemption applications, lot line adjustments, and similar smaller matters. He has represented both private property owners and local municipalities providing comments on land use applications filed by others. Mr. McConaughy has represented private clients in litigation regarding Garfield County land use regulations, including zoning enforcement actions and challenges to land use decisions under the state and federal constitutions and Colorado Rule of Civil Procedure 106.2 He has also litigated land use matters both for and against various other local governments including suits involving the land use regulations of New Castle, Blue River, Basalt, and Aspen. This litigation experience gives Mr. McConaughy valuable insight on how to write code provisions that will pass constitutional muster. Mr. McConaughy has represented private land use applicants before Eagle County, the City of Aspen, the Town of Basalt, the Town of Carbondale, the City of Glenwood Springs, the Town of Silt, the Town of Meeker, and the Town of Parachute and thus has experience and knowledge with a wide variety of approaches for land use regulations. 2 Garfield & Hecht and David McConaughy hold themselves to the highest ethical standards. If selected for this project, Garfield & Hecht would not represent a client in any litigation to challenge any portion of any land use code in which David McConaughy had a hand in drafting due to the obvious conflict of interest. Subject to all applicable rules of professional conduct for attorneys, the firm may continue to represent private clients with land use applications before the County.

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Mr. McConaughy works closely with attorneys Ed Sands and Dave Smith in drafting ordinances for municipal clients of the firm, which presently include New Castle, Eagle, Fruita, Parachute, Palisade, Dinosaur, and DeBeque. Mr. McConaughy represents other local governments including the Snowmass-Wildcat Fire Protection District and the Basalt Regional Library District. Past clients also include the Colorado River Water Conservation District and the Mid-Valley Metropolitan District. Bluegreen: Sheri Sanzone Sheri brings twenty-two years of creative planning, urban design, landscape architecture and community outreach experience to Bluegreen. As a certified professional planner, her passion for and expertise in creating and implementing successful and user-friendly zoning and land use regulations informs all aspects of the studio’s work. Sheri’s diverse policy planning experience includes the creation of Planned Unit Development and Form-Based Codes that set the framework for physical development while balancing community and applicant goals. Sheri is also experienced in the application of the various Roaring Fork Valley jurisdictions’ land use codes as a user in her work for private and public clients and as a past board member for the Pitkin County Planning and Zoning Commission and the Aspen-Pitkin County Housing Authority. These varied perspectives make Sheri uniquely qualified to identify the merits and pitfalls of existing regulations and to help determine effective solutions. Bluegreen is a broadly talented studio that addresses all phases of planning and design, from shaping ideas to directing implementation. Our design work encompasses residential gardens, resort and hospitality landscapes, civic and recreational spaces, large scale master plans, streetscapes and new communities. Our policy work includes comprehensive plans, land use and zoning strategies and codes, attainable housing programs, design guidelines, sustainability and performance standards, and community engagement programs. Our team roles range from project leaders to valuable team collaborators. Founded in 2001 by Sheri, Bluegreen’s staff of eight provides personalized service and an accessible, responsive team for public and private clients. Excellent service combined with an inherently collaborative process engages client, architect, engineer, artist, scientist and ultimate user in multi-disciplinary teams. This sets Bluegreen apart and has allowed us to earn 16 awards and be published in 44 national and regional magazines, including two books. To learn more about Sheri and Bluegreen please visit our website—www.bluegreenaspen.com.

Detailed resumes of the team members are included in the following pages. Where not included within the resumes for the respective firms, references are provided in Section 7 of this proposal.

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ttggmmaallllooyy ccoonnssuullttiinngg,, LLLLCC

Land Use Planning Site Design Natural Systems Analysis Public Process

402 Park Drive Glenwood Springs Colorado 81601

(P) 970.945.0832 (F) 970.945.0833 E-mail: [email protected]

Tim Malloy Resume

PROFESSIONAL EXPERIENCE

TG MALLOY CONSULTING, LLC, Glenwood Springs, CO

Founder and Principal April 1999 - Present

As founder and principal of TG Malloy Consulting, Mr. Malloy is responsible for all management and professional affairs of the firm. The firm provides a broad range of planning and design related services including land use planning, site design, public process facilitation, policy planning, comprehensive planning, and conservation easement planning and documentation. The firm’s clients include private entities and government agencies.

ROCK CREEK STUDIO, Carbondale, CO

Founding Partner, Financial Officer and Senior Planner November 1996 - September 1998

Mr. Malloy was a founding partner and financial officer of Rock Creek Studio, LLP, which specialized in land use and policy planning, site design and Geographic Information Systems (GIS) mapping and database creation.

ASPEN/PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT, Aspen, CO

Deputy Director of Long Range Planning October 1995 - October 1996

Mr. Malloy was responsible for managing long-range planning functions for the City of Aspen and Pitkin County. Duties included managing all aspects of long-range planning projects; defining the scope of work and schedule for planning studies, coordinating the activities of volunteer citizens committees, selecting and managing the work of outside consultants, managing the work of in-house professional and support staff, and conducting analysis and preparing all necessary documentation for long-range planning studies.

Deputy Director of Planning September 1992 - October 1995

Mr. Malloy was responsible for managing the current planning function of the Community Development Department. Duties included managing professional planning and administrative support staff, interview, selection and training of new planning staff, current planning management for major development projects, staffing Planning and Zoning Commission meetings, and serving as Pitkin County Hearing Officer and providing policy and technical direction for planning staff, the Planning and Zoning Commission, and Board of County Commissioners.

EDUCATION

Bachelor of Landscape Architecture, University of Minnesota, St. Paul, MN

REFERENCES

Available Upon Request

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www.bluegreenaspen.com

recent work experience 2001 to present principal I Bluegreen I Aspen, CO 1997 – 2001 associate/principal-in-charge I Design Workshop I Aspen, CO

education Bachelor of Science Geography and Regional Planning 1986 Minor in City Planning Salisbury University I Salisbury, MD Master of City Planning 1989 Certificate in Urban Design University of Pennsylvania I Philadelphia, PA

project experience Sheri brings twenty-two years of creative planning, urban design, landscape architecture and community outreach experience to Bluegreen. As a certified professional planner, her passion for and expertise in creating and implementing successful and user-friendly zoning and land use regulations informs all aspects of the studio’s work. Sheri’s diverse policy planning experience includes the creation of Planned Unit Development and Form-Based Codes that set the framework for physical development while balancing community and applicant goals. Sheri is also experienced in the application of the various Roaring Fork Valley jurisdictions’ land use codes as a user in her work for private and public clients and a volunteer board member for the Pitkin County Planning and Zoning Commission and the Aspen-Pitkin County Housing Authority. These varied perspectives make Sheri uniquely qualified to identify the merits and pitfalls of existing regulations and to help determine effective solutions. Sheri is expert in creating and implementing community outreach and entitlements. For the Roaring Fork Transportation Authority, Sheri is leading the team to engage neighboring stakeholders in the design and local approvals process for proposed Bus Rapid Transit station improvements between Glenwood Springs and Aspen. This work involves extensive expertise on how transit operations affect physical planning and design. For the West Village Revitalization Plan, Sheri successfully engaged critical stakeholders through a variety of techniques, including 3D visualization, one-on-one meetings, small group work sessions and large open houses. And for the Top of the Rockies Scenic Byway, Sheri is crafting design guidelines to inform physical improvements along the 117-mile corridor.

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www.bluegreenaspen.com

professional affiliations

American Institute of Certified Planners I member

American Society of Landscape Architects I member

State of Colorado Registered Landscape Architect #110 I license holder

State of Utah Registered Landscape Architect #5354775-5301 I license holder

US Green Building Council LEED I accredited professional

American Planning Association I member

Roaring Fork Leadership I board chair

Aspen-Pitkin Employee Housing, Inc. I executive director, board member

US Green Building Council Colorado I member

Aspen Chamber Resort Association Public Affairs Committee I member

Aspen-Pitkin County Housing Authority I former chairperson

Aspen-Pitkin County Growth Management Commission I former member

Aspen Stormwater Management Task Force I former member

Aspen Main Street Pedestrian Committee I former member

Aspen-Pitkin County Wildfire Mitigation Task Force I former member

Pitkin County Planning & Zoning Commission I former member

Aspen Area Community Plan Oversight Committee I former member

Burlingame Affordable Housing COWOP Task Force I former member

City of Aspen Infill Committee, Urban Open Space Charrette I former member

honors Top of the Rockies Byway l 2011 Colorado Chapter of the ASLA Merit Award

Wrap House l 2011 Historic Preservation Commission Honor Award

Redstone Coke Ovens l 2009 Colorado Chapter of the ASLA Honor Award

Cattle Creek Colorado l 2008 Colorado Chapter of the ASLA Honor Award

Tiers Crafted l 2008 Colorado Chapter of the ASLA Honor Award

Stillwater l 2008 Colorado Chapter of the ASLA Honor Award

Gratia l 2007 Colorado Chapter of the ASLA Honor Award

Waterplay l 2007 Colorado Parks and Recreation Association Columbine Award

Zen Captured l 2007 Colorado Chapter of the ASLA Merit Award

Upper East Side l 2007 Colorado Chapter of the ASLA Merit Award

Burlingame Ranch l 2007 Colorado Chapter of the ASLA Merit Award

Drawn Outside l 2007 Colorado Chapter of the ASLA Merit Award

California in the Rockies l 2006 Colorado Chapter of the ASLA Merit Award

Urban-CO Housing l 2006 Colorado Chapter of the AIA Design Award

West Smuggler l 2005 Historic Preservation Commission Honor Award

Bluegreen l 2004 Aspen Chamber Association Best Emerging Business Award

Schuylkill Heritage Corridor Management Action Plan I 1995 Pennsylvania Planning Association Comprehensive Planning Award Sustainable Development: Rural/Urban Interface Model Ordinance I 1994 Progressive Architecture Planning & Research Award Village Extension Zoning Ordinance I 1993 Pennsylvania Planning Association Comprehensive Planning Award

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Section 5 | Representative Projects

TG Malloy Consulting, LLC PUBLIC PROJECTS Grand Junction Regional Airport/Terminal Area Plan (2012) – Local approval process Aspen/Pitkin County Airport Master Plan (2012) – Part of multi-disciplinary consultant team Aspen/Pitkin County Airport Runway Extension (2010) - Part of multidisciplinary consultant team Aspen/Pitkin County Airport Master Plan (2004) – Part of multidisciplinary consultant team Aspen/Pitkin County Airport (2000) - Capital improvements land use application Aspen/Pitkin County Airport - East Side Infrastructure Development Project (ESID) Aspen/Pitkin County/ARFF/SRE - scenic overlay review and Airport Master Plan amendment Aspen Area Community Plan Update (2008) - Transportation Element & Existing Conditions Summary Emma Caucus (2008) - Master Plan Aspen ABC Area (2008) - Existing Conditions Report Basalt (2007 & 1999) - Master Plan Pitkin County (2006) - Land Use Application Manual Emma (2005) - Sub-Area Plan Snowmass-Capitol Creek Valleys (2003) - Master Plan Carbondale - Comprehensive Plan (1999) Carbondale - Infill Development Guidelines Carbondale - Commercial Code Amendment Carbondale - County island special area study Garfield County – Rural Lands Option regulation theoretical development studies Snyder Affordable Housing - Public input process facilitation

PRIVATE PROJECTS Lake Springs Ranch - land planning and entitlements Cerise/Fenton Ranch - land planning Rocky Mountain Institute/Windstar Site - corporate headquarters master plan and entitlements Ranch at Coulter Creek PUD - master planning and entitlements Bigelow Ranch - site planning and entitlements Coffman Property - conservation land planning and entitlements CCI, Inc. - Aspen Mountain Land Holdings - land planning and entitlements Rocky Mountain Institute - real estate holdings evaluation Argonaut Farm - land planning and conservation easement baseline documentation Two-Mile Ranch - land planning and entitlements CCAH Performing Arts Center - site planning and entitlements Williams Property - conservation easement baseline documentation Waldorf School - site planning and entitlements Mount Sopris Montessori School - site planning and entitlements Nikos Hecht - entitlements Goldstein Parachute Property - conceptual land planning Uihlein Property - land planning

Synopsis of Selected Representative Projects (Copies Enclosed)

Snowmass-Capital Creek Valleys Master Plan (copy enclosed): The Snowmass-Capitol Creek Valleys Master Plan was adopted in 2004 and is the current master plan of

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

record for this 46 square-mile rural portion of Pitkin County. TG Malloy Consulting was retained after the existing conditions analysis and public opinion survey had been completed. Our role in the process was to work with the Snowmass/Capitol Creek Caucus Board and residents to develop a master plan that reflected their vision for the future as expressed in the results of a public opinion survey and through input gathered through a series of public forums. The Snowmass-Capitol Creek Valleys Master Plan includes polices designed to address a range of issues including preserving the unspoiled natural environment and spectacular scenic resources; managing residential growth; addressing the impacts of large, second-home development; avoiding overuse of public lands and facilities; and dealing with potential annexation actions from the adjacent municipality of Snowmass Village. The policies in this master plan were developed through an iterative editing process over numerous meetings with caucus residents. Carbondale Infill Development Guidelines (copy enclosed): This project has been included as an example of a special planning study that was prepared for a specific issue and was completed over a very short time period. This study was commissioned as a result of a recommendation contained in the 1999 Carbondale Comprehensive Plan (Rock Creek Studio, a firm cofounded by Mr. Malloy, was the prime consultant on the Carbondale Comprehensive Plan) encouraging infill development within the town limits. The project included an evaluation of the existing Carbondale zoning regulations, development of draft infill guidelines, analyzing the draft guidelines on several test sites and taking the final guidelines through the adoption process with the Town Board of Trustees. Mr. was responsible for all aspects of this project which was completed over a few months. Basalt Master Plan (copy enclosed): The 2007 Basalt Master Plan is a comprehensive update of the 1999 Basalt Master Plan. One of the purposes of the 2007 Master Plan process was to review changes in demographics and key growth statistics and to evaluate whether the policies and implementation measures contained in the 1999 Basalt Master Plan were on course and achieving the goals and objectives of the Plan. Key issues addressed in the 2007 Basalt Master Plan include growth; affordable housing; a desire to become a self-sufficient community with greater balance between jobs and housing; and maintaining small-town character. One unique aspect of the Basalt Master Plan is the inclusion of a Typologies addendum. This addendum is a graphic-oriented guide for the design of new projects within the Town. The Typologies addendum provides illustrations showing suggestions for various elements of the built environment based on physical characteristics of the surrounding landscape and existing neighborhood types. Mr. Malloy was responsible for all aspects of this project except GIS mapping and analysis. Responsibilities included existing conditions and demographics analysis, meeting facilitation, policy development, drafting the plan text and most of the graphic production. Emma Master Plan (copy enclosed): The 2008 Emma Master Plan is a rural master plan intended to provide guidance for decisions regarding future development and infrastructure improvements for an 18-square-mile portion of Pitkin County. This

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

document provides policy guidelines on a range of issues including land use, environment; growth; infrastructure and essential community facilities; transportation; recreation and tourism; mineral exploration and extraction; and historic preservation. The process of developing the Emma Master Plan included a thorough inventory and analysis of the existing conditions within the Emma Caucus Area including the use of an internet-based public opinion survey. Mr. Malloy was responsible for all aspects of this project including all meeting facilitation and preparation of the final document. The policies in this master plan were developed through an iterative editing process over numerous meetings with caucus residents.

Aspen Airport Master Plan: This master plan, which is still in progress, is an update of the 2004 Aspen-Pitkin County Airport Master Plan, for which Mr. Malloy was also a principle contributor. The current master plan update has been developed over a nearly two-year planning process involving a multi-disciplinary team of consultants, including Bluegreen. The process involved numerous venues for public input including a 45-member citizen’s advisory committee, design charrettes, public open house meetings as well as regular meetings with the Pitkin County Board of County Commissioners (BOCC). Mr. Malloy has participated in all aspects of the project and has served as a primary facilitator and presenter for many of the meetings with the advisory committee, public and BOCC.   Garfield & Hecht Attorneys

See above under Section 4 (experience)

Bluegreen

West Village Revitalization Plan – master plan and form-based code Top of the Rockies Scenic Byway – master plan and design guidelines Aspen/Pitkin County Airport Master Plan – Part of multi-disciplinary consultant team For expanded graphic explanations of Bluegreen’s work, please see attached Data Disc.

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Section 6 | Project Cost Estimate/Budget

The project budget derived from the scope of services contained in this proposal is summarized below: Part One – Establish List of Code Revisions

Task 1.1: $2,000.00 Task 1.2: $7,800.00 Task 1.3: $1,425.00 Total: $11,225.00

Part Two – Code Revisions Drafting Process

Task 2.1: $18,600.00 Task 2.2: $11,870.00 Total: $30,470.00

Part Three – BOCC Review Process

Task 3.1: $3,900.00 Task 3.2: $3,150.00 Printing, etc.: $1,200.00 Total: $8,250.00

Project Total: $49,945.00 The budget for each part of the project is based on an estimate of the number of meetings required and other factors. It may be appropriate to shift funds between the phases depending on project needs and assuming mutual agreement between the County and the consultant team.

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Bluegreen

Section 7 | References

TG Malloy Consulting, LLC James Elwood, Director of Aviation Aspen/Pitkin County Airport 970.429.2851 Susan Philp, Planning Director Town of Basalt 970.927.4701 Cindy Houben, Community Development Director Pitkin County 970.920.5097 Marty Pickett, Executive Director Rocky Mountain Institute 970.927.3851 Garfield & Hecht Attorneys Andy Barton, Town Administrator Town of New Castle 450 W. Main Street P.O. Box 90 New Castle, CO 81647 970.984.2311 Lisa Cain, City Clerk City of Rifle 202 Railroad Avenue Rifle, CO 81650 970.665.6400 Steven Sowles Fire Chief Snowmass Wildcat Fire Protection District 5275 Owl Creek Road PO Box 6436 Snowmass Village, CO 81615

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

970.923.2212 Davis Farrar Western Slope Consulting 970.963.7172 Cassie Coleman, Esq. Assistant Garfield County Attorney Bluegreen Jason Haber, Town Council Member and former Economic Development Director Town of Snowmass Village/CORE 970.963.1090 Cheryl Hazlitt, Interpretive Planner US Forest Service Region 2 970.295.6660 James Elwood, Director of Aviation Aspen/Pitkin County Airport 970.429.2851

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Garfield County Code Rewrite – Phase II Proposal

TG Malloy Consulting, LLC Garfield & Hecht Attorneys

Bluegreen

Section 8 | Disclosure

TG Malloy Consulting, LLC TG Malloy Consulting, LLC is currently in process with a hearing scheduled before the BOCC on April 16th for the Lake Springs Ranch PUD and Preliminary Plan Amendment. The project is being reviewed under the current ULUR and does not create a conflict of interest. In addition, TG Malloy Consulting, LLC is a member of two teams pursuing the RFP for the Garfield County Airport Master Plan Update. Garfield & Hecht Attorneys David McConaughy represents the developers of Springridge Reserve, Valley View Village and Valley View Commons, and Eagle Ridge Townhomes, among others. He represents several homeowners associations including Stirling Ranch and Oak Meadows. Mr. McConaughy is not presently assisting any of these clients with a current land use application. Mr. McConaughy represents Lafarge West, Inc., which was a co-defendant with the County in a recently-dismissed lawsuit regarding the Cerise gravel pit. Lafarge has ongoing interaction with the County regarding the permits for its various gravel pit operations. Mr. McConaughy represents Bedrock Resources, LLC and Frontier Paving, Inc. with respect to gravel and asphalt operations including the recently-denied application for an asphalt plant near Rifle. Mr. McConaughy and Garfield & Hecht represent several municipalities as noted above which have ongoing relationships, including occasional disputes, with Garfield County. None of the preceding matters should present a conflict of interest for this project. However, the firm is always mindful of the Rules of Professional Conduce for attorneys and will address conflict situations appropriately if and when they may arise in the future.

Bluegreen Sheri Sanzone has no conflicts of interest for this project. As a member of the American Institute of Certified Planners, Sheri abides by a strict legal and ethical code for professional planning practice.

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