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06-28-07 Town Council PacketSNOWMASS VILLAGE SPECIAL MEETING AGENDA JUNE 28, 2007 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE—ITEMS COULD START EARLIER OR LATER THAN THEIR STATED TIME CALL TO ORDER AT 2:00 P.M. Item No. 1: ROLL CALL Item No. 2: EMERGENCY ORDINANCE NO. 11, SEREIS OF 2007 Consideration of an emergency ordinance to approve an at risk permit for Building 13A and 13B in Base Village for excavation. ACTION REQUESTED OF COUNCIL: Consideration of granting approval. John Dresser ......................................................................Page 1 Item No. 3: DISCUSSION: ADMINISTRATIVE MODIFICATION - BASE VILLAGE PUD Discussion and direction to staff regarding an Administrative Modification to permit an at-risk excavation permit for Buildings 13A&13B, Base Village PUD. ACTION REQUESTED OF COUNCIL: Provide comments regarding the enclosed Record of Decision prior to final determination by the Planning Director. Chris Conrad ......................................................................Page 7 Item No. 4: ADJOURNMENT NOTE: ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: June 28, 2007 SUBJECT: Building 13 A & B at-risk excavation permit I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Related WestPac (R/WP) is requesting an at-risk excavation permit for the BV hotel site, Buildings 13 A and B. II. SUMMARY OF PROJECT R/WP is asking to begin excavation on the 13AB hotel site despite not satisfying Condition 7 of Ordinance 21 of 2004. This condition requires the developer to have an agreement with a"nationally recognized chain" to operate the hotel in 13AB before a building permit can issue. An excavation permit is part of a building permit and it is in the discretion of the Building Official to issue. R/WP is asking that the permit be issued on an emergency basis by suggesting that the community will benefit from the fill being kept in TOSV thereby reducing truck traffic noise etc. II1. BACKGROUND A. Ordinance 21 of 2004 was approved in October 2004 IV. APPLICABLE REGULATIONS PUD amendment Sections of SVMC. 16A-5-390 & 16A-5-250 V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Should TOSV allow the excavation to begin prior to satisfaction of Condition#7? 1) There are advantages to reducing truck traffic in TOSV. 2) There are advantages in getting construction underway. 3) Attached is a draft of a Record of Decision from the Planning Director. 4) How much Bond? 5) Super majority vote to modify. 6) Consequences of failure to satisfy Condition#7? VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council authorize the Planning Director to issue a Record of Decision that allows the at-risk excavation permit to issue. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 11 SERIES OF 2007 AN ORDINANCE AUTHORIZING THE PLANNING DIRECTOR TO ISSUE A RECORD OF DECISION GRANTING AN ADMINISTRATIVE MODIFICATION TO ORDINANCE NO. 21, SERIES OF 2004 THE BASE VILLAGE PLANNED UNIT DEVELOPMENT FINAL APPROVAL, TO ALLOW CERTAIN EXCAVATION ACTIVITIES FOR BUILDINGS 13A AND 13B OF THE BASE VILLAGE PROJECT TO COMMENCE WITHIN LOTS 8 AND 9 OF THE FINAL PLAT, BASE VILLAGE P.U.D. WHEREAS, The Applicant, Related WestPac LLC, on behalf of the landowner Base Village Owner LLC, a Delaware limited liability company Applicant'), has requested authorization from the Town of Snowmass Village ("TOSV") to commence certain construction activities within Lots 8 and 9 of the Base Village P.U.D. Final Plat; and WHEREAS, the Applicant has specifically requested TOSV to allow an at- risk excavation permit to be issued for Buildings 13A and 13B, Base Village PUD (the "BV Hotel'), as further described in their application titled Application for Administrative Modification to the Base Village PUD" submitted June 22, 2007; and WHEREAS, Ordinance No. 21, Series of 2004 in Section Three contains Condition #7, which condition has not yet been satisfied and requires a three-fourths (3/4) majority vote of the Town Council to modify pursuant to the procedures in Section 16A-5-390 of the Snowmass Village Municipal Code; and WHEREAS, Section 16A-5-390(1)(a) of the Snowmass Village Municipal Code permits an administrative amendment to an approved PUD pursuant to the procedures in Section 16A-5-250(a)(9) of the Snowmass Village Municipal Code; and WHEREAS, the Applicant is requesting that TOSV .consider this Ordinance on an emergency basis for the immediate preservation of the health, safety, peace safety and welfare of the Town of Snowmass Village in that, by commencing the excavation immediately the citizens and visitors of the Town of Snowmass Village will experience less environmental effects such as noise, dust and other pollution, less heavy truck traffic, and less wear and tear on the roadways and byways of the Town because the excavated material will be utilized and kept on sites within the Town of Snowmass Village rather than transported out of Town. 1 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: Section One. Findings. Based upon the information contained in the application, supplemental information submitted to Town Staff and documentation and testimony in the record at the Town Council meeting of June 28, 2007, the Town Council finds as follows: 1. That the Applicant has submitted to the Planning Director an application requesting an at-risk excavation permit for the BV hotel as an emergency. 2. That Condition #7 of Ordinance No. 21, Series 2004 has not yet been satisfied and that the language of said Condition requires a three- fourths (3/4) majority of Council to modify said Condition. 3. That the application is consistent with the review standards for a PUD Amendment pursuant to Section 16A-5-390(1)(a) and the review standards for an Administrative Modification pursuant to Sections 16A- 5-250(a)(9) and 16A-5-250(b)(4) of the Snowmass Village Municipal Code. 4. That the immediate commencement of excavation activities will further the preservation of the health, safety, and welfare of the citizens of and visitors to the Town of Snowmass Village by reducing environmental concerns, reducing traffic, and reducing wear and tear on the roadways of the Town. 5. That a performance and restoration bond to guarantee that site disturbance shall be restored if the Applicant can not satisfy Condition 7 of Ordinance No. 21, Series of 2004 or otherwise be unable to complete the development in a timely manner as provided in said Ordinance. 6. That the Planning Director may rely on the terms of this Ordinance to issue a Record of Decision authorizing the issuance of an at-risk excavation permit. Section Two. Action. The Town Council hereby modifies Condition #7 of Ordinance No. 21, Series of 2004 to allow the issuance of an at-risk excavation permit to allow the Applicant to commence certain excavation activities and authorizes the Planning , Director to issue a Record of Decision with conditions as determined necessary by the Planning Director and as generally described in Exhibit "A" hereto in order to effectuate the decision herein. 2 Section Three. Conditions of Approval. As conditions of the approval granted herein, the Applicant will comply with the following: 1. Compliance with all terms and conditions of the Record of Decision issued by the Planning Director. 2. Provision of a performance and restoration bond in the amount of Five Million Six Hundred Thousand US Dollars and no/cents US$ 5,600,000.00) to guarantee the that the site disturbance and excavation area will be restored to its pre-development natural condition should any of the following events take place: 1) the excavation be interrupted or not progress in accordance with the timeframes specified 2) the terms and conditions of this Record of Decision have been violated; or 3) that the terms of Condition 7 have not been fully satisfied by no later than October 31, 2007. 3. A license agreement for the use of Parcel F, Base Village PUD Final Plat be executed that includes terms providing that the condition of the property will be returned to its present condition prior to November 15, 2007. 4. The performance and restoration bond be issued by an acceptable surety company licensed in the State of Colorado and be in a form acceptable and approved in advance of the issuance of the at-risk permit by the Town Attorney. Section Four. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity will not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village on June 28, 2007 as an emergency ordinance pursuant to the Town of Snowmass Village Charter Section 4.10, on the motion of Council Member I the second of Council Member and a vote of in favor and opposed. Accordingly, pursuant to the provision of said Charter Section, this Ordinance becomes effective upon passage and the Town Clerk is commanded to publish this Ordinance within ten (10) days. 3 TOWN OF SNOWMASS VILLAGE Douglas Mercatorls, Mayor Attest: Rhonda B. Coxon, Town Clerk Approved as to Form: John C. Dresser, Jr. 4 MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: June 28, 2007 SUBJECT: DISCUSSION: ADMINISTRATIVE MODIFICATION - BASE VILLAGE PUD Discussion and direction to staff regarding an Administrative Modification to permit an at-risk excavation permit for Buildings 13A&13B, Base Village PUD. ACTION REQUESTED OF COUNCIL: Provide comments regarding the enclosed Record of Decision prior to final determination by the Planning Director. Applicant: Related WestPac LLC Planner: Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Purpose: Related WestPac has applied for Administrative Modification approval to allow an at-risk excavation permit for Buildings 13A and 13B, Base Village PUD the "BV Hotel"). As you are aware, Condition No. 7 of Ordinance No. 21, Series of 2004 ("Condition 7") is a condition that relates to the BV Hotel and states that the terms of the condition must be satisfied prior to receiving a building permit including excavation) for said buildings as well as any buildings within Phase 2A of the Base Village PUD. Condition 7 may only be modified to permit the at-risk excavation permit in accordance with the provisions of Section 16A-5-390 of the Municipal Code for a PUD amendment approved by at least 3/4.of the members of the Town Council present and voting. An administrative amendment of an approved PUD may not be granted if the changes are inconsistent with a condition or a representation of the project's original approval. For this reason, the Planning Director has requested that the Town Council authorize the modification of Condition 7 to permit the at-risk excavation permit prior to issuance of his Administrative Modification Record of Decision ("ROD") (See Attachment 1). Said determination whether to grant authorization for the enclosed Record of Decision will occur with your consideration of Town Council Ordinance No. 11, Series of 2007. Action Requested: The enclosed Record of Decision will not be issued without approval of Ordinance 11 by at least 3/4 of the members of the Town Council present and voting. Should that occur, staff is requesting direction regarding: a) Should there be a deadline by which the Applicant must satisfy the terms of Condition 7 such that the excavation permit should be rescinded and reclamation/restoration of the site should occur? [See Condition No. 2 of the enclosed ROD at Lines 156-162] b) Does the Town Council have any comments relative to the Applicant's at-risk permit application and/or the enclosed ROD that may be of benefit to the Planning Director prior to his final determination regarding the enclosed Record of Decision? c) Should the scope of work defined by the Applicant's "Base Village Buildings 13A&B Excavation and Distribution Chart" be modified pursuant to the discussion that preceded this item regarding Emergency Ordinance No. 11? 2. BACKGROUND: Condition No. 7 of Ordinance No. 21, Series of 2004 ("Condition 7) concerned the Base Village Hotel as follows: Section Three. Conditions. As conditions of the final approvals granted herein, the Applicant will comply with the following: 7. Phase 2A Condition Precedent. Prior to the issuance of a building permit for Phase 2A or any subsequent phase of the Project, the Applicant will provide to the Town evidence that: a. the Applicant has entered into an agreement with a nationally- recognized hotel chain (such as a Westin, Hyatt or Hilton) that requires Buildings 13A and 13B to be operated as a "four diamond" hotel, as such standards are determined by the American Automobile Association, under such chain's brand name; and b. all residential two and three-bedroom units with bedrooms located on or having access to a main hallway in Buildings 13A and 13B have been converted to 14 additional lockoffs. This condition may only be waived or modified in accordance with the provisions of Section 16A-5-390 of the Municipal Code for a PUD amendment approved by at least 3/4 of the members of the Town Council present and voting. Please refer to the application packet placed within the Town Council boxes for information regarding the Applicant's request. It should be noted that additional information has been provided by the Applicant that is not contained within the application document. Specifically, the Applicant agrees to amend the application to include the following: a) All excavated material will be initially removed from the site and transported to the other side of Wood Road via the ski-back trail north of the Base Village Hotel site with trucks passing under Wood Road utilizing the ski under bridge to Lot 5 location of Building 11), as shown on Exhibit "A" attached hereto and incorporated herein by reference. b) All material will then be stockpiled and processed within Lot 5, being 0.91 acres in size, until such time as it is transported to the various locations specified within the Chart. c) The processing of the hauled dirt will include rock crushing and screening to also occur within Lot 5. d) The stockpiled dirt will be somewhat leveled on-site within Lot 5 rather than kept in large piles. e) The Chart currently identifies approximately 23,000 cubic yards of fill that will need to be transported down valley commencing in September. The Applicant is investigating the likelihood that a reasonable portion of that fill may be used to prepare the parking area for Lot "C", as shown on Exhibit "B" attached hereto and incorporated herein by reference, to be used for skier parking during the ski season. f) Should the area need to be restored, it is estimated by the Applicant that it will cost approximately $1,800,000 to fill in the excavation site and an additional 70,000 to revegetate and restore the disturbed area by hydro mulching. This estimate calls for the needed replacement fill material to be obtained from within the Town, County landfill and/or from Elam Construction. The fill estimate could be up to $4,500,000 should the material need to be purchased and transported from outside the Town; A performance and restoration bond for the excavation permit is being required in the amount $3,000,000.00. The bond amount was generally determined using a "worst case" scenario involving the possible necessity of purchasing the fill material from outside the Town and transporting it to the site, depositing it in the excavation area and including the cost to revegetate and restore the disturbed area by hydro mulching. The Town Engineer shall establish the final bond amount upon consideration of the Applicant's estimate. Further comments will be provided at the meeting. Attachments: - DRAFT Record of Decision No. 19 Handouts: — Related WestPac Application Packet I77// t 1/ AIR ATTACHMENT 1 SNOWMASS Vll,,1,7 2 DRAFT Record of Decision DRAFT 3 Administrative Modification #19 4 At-Risk Excavation Permit for Buildings 13A& 13B 5 6 The Applicant, Related WestPac LLC, on behalf of the landowner being Base Village 7 Owner LLC, a Delaware limited liability company ("Applicant"), has applied for approval to allow 8 an at-risk excavation permit for Buildings 13A and 13B, Base Village PUD (the "BV Hotel"), as 9 further described in their application titled "Application for Administrative Modification to the 10 Base Village PUD" submitted June 22, 2007, attached hereto and incorporated herein by 11 reference and as on file with the Town Clerk and Planning Department. 12 13 Condition No. 7, Section Three, of Ordinance No. 21, Series of 2004 ("Condition 7) is a 14 condition that relates to the BV Hotel and must be satisfied prior to receiving a building permit 15 (including excavation) for said buildings as well as any buildings within Phase 2A of the Base 16 Village PUD. While the terms of Condition 7 have not yet been fully satisfied, the Applicant 17 requests an at-risk excavation permit at this time on the basis that it will "insure the health and 18 welfare of the community' and will "allow the majority of the excavated material to remain in the 19 village, therefore reducing the environmental and traffic impacts on the Town of Snowmass 20 Village." 21 22 Section 16A-5-390(1)(a) of the Snowmass Village Municipal Code ("Municipal Code") 23 permits an administrative amendment to an approved PUD pursuant to Section 16A-5-250(a)(9) 24 of the Municipal Code. Condition 7 may only be modified to permit the at-risk excavation permit 25 in accordance with the provisions of Section 16A-5-390 of the Municipal Code for a PUD 26 amendment approved by at least 3/4 of the members of the Town Council present and voting. 27 28 The administrative amendment of an approved PUD may not be granted if the changes 29 are inconsistent with a condition or a representation of the project's original approval. In addition, 30 Condition 7 specifies that any modification thereof requires the approval of at least 3/4 of the 31 members of the Town Council present and voting. For these reasons, the Planning Director has 32 requested that the Town Council authorize the modification of Condition 7 to permit the at-risk 33 excavation permit prior to issuance of this Record of Decision. Said determination whether to 34 grant authorization shall be set forth in Town Council Ordinance No. 11, Series of 2007 35 ("Ordinance 11"). 36 37 Section One: Findings. After evaluation of the Applicant's proposal, the Planning Director has 38 found: 39 40 1. The Applicant has represented that excavation work for the Base Village Hotel will 41 involve the removal of approximately 90,000 cubic yards of dirt from the site. The 42 Base Village Buildings 13A&B Excavation and Distribution Chart" (the "Chart') 43 included with the application identifies several locations where the dirt is intended to 44 be placed. It should be noted that the terms and conditions of the Sinclair Meadows 45 development PUD approval have not yet been fully satisfied and that development of Base Village PUD Record of Decision No. 19 Page 2 of 6 46 the property, including dirt stockpiling or placement on-site cannot occur until such 47 time as final approval has been granted by the Town Engineer and Planning 48 Department; 49 50 2. Certain additional information has been provided by the Applicant that is not 51 contained within the application document. Specifically, the Applicant agrees to 52 amend the application to include the following: 53 54 a) All excavated material will be initially removed from the site and transported 55 to the other side of Wood Road via the ski-back trail north of the Base Village 56 Hotel site with trucks passing under Wood Road utilizing the ski under bridge 57 to Lot 5 (location of Building 11), as shown on Exhibit "A" attached hereto and 58 incorporated herein by reference. 59 60 b) All material will then be stockpiled and processed within Lot 5, being 0.91 61 acres in size, until such time as it is transported to the various locations 62 specified within the Chart. 63 64 c) The processing of the hauled dirt will include rock crushing and screening to 65 also occur within Lot 5. 66 67 d) The stockpiled dirt will be somewhat leveled on-site within Lot 5 rather than 68 kept in large piles. 69 70 e) The Chart currently identifies approximately 23,000 cubic yards of fill that will 71 need to be transported down valley commencing in September. The 72 Applicant is investigating the likelihood that a reasonable portion of that fill 73 may be used to prepare the parking area for Lot "C", as shown on Exhibit "B" 74 attached hereto and incorporated herein by reference, to be used for skier 75 parking during the ski season. 76 77 f) Should the area need to be restored, it is estimated by the Applicant that it 78 will cost approximately $1,800,000 to fill in the excavation site and art 79 additional $70,000 to revegetate and restore the disturbed area by hydro 80 mulching. This estimate calls for the needed replacement fill material to be 81 obtained from within the Town, County landfill and/or from Elam Construction. 82 The fill estimate could be up to $4,500,000 should the material need to be 83 purchased and transported from outside the Town; 84 85 3. The amended application information indicates that the Assay Hill ski-back trail, 86 shown on Exhibit "A", will be utilized. Said trail is located within Parcel "F' owned by 87 the Town. A license agreement should be authorized by the Town Council to permit 88 its use and include a requirement that the trail be restored to a reasonable condition 89 prior to commencement of the ski season; 90 91 4. The Construction Management Plan for the Base Village PUD does not specifically 92 authorize the use of a rock crusher and screening on-site. It should be noted, 93 however, that two (2) rock crushers were utilized by Ames Construction last summer. P:\user\cconrad\MS Word Docs\Base Village\Post Final PUDWdministrative Modifications\At Rlsk Excav Bldgs 13A&B\ROD#19 At Risk Excav Bldgs 13A&B.doc Base Village PUD Record of Decision No. 19 Page 3 of 6 94 The proposed crusher is not designed or intended to be used for rocks greater than 95 twelve (12) inches in diameter; 96 97 5. All excavated material will be initially removed from the site and transported to the 98 other side of Wood Road via the ski-back trail north of the Base Village Hotel site 99 with trucks passing under Wood Road utilizing the ski under bridge to Lot 5 (location 100 of Building 11), as shown on Exhibit "A" 101 102 6. The need to permit the issuance of an at-risk excavation permit has been determined 103 by the Planning Director to be reasonable and necessary to mitigate the unforeseen 104 impacts due to circumstances that could not have been reasonably anticipated by the 105 original developer or Applicant prior to or during the original Base Village PUD approval 106 process; 107 108 7. The modification of Condition 7 in order to permit the issuance of an at-risk 109 excavation permit is generally consistent with the provisions of Ordinance 21 and the 110 PUD Guide for the following reasons: 111 112 a) The Base Village Hotel buildings will not receive further approval to 113 commence construction until such time as Condition 7 is fully satisfied; 114 115 b) This Record of Decision requires that the disturbed area be fully restored 116 should Condition 7 not be satisfied within a reasonable period of time as 117 determined by the Town Council; 118 119 c) Permitting the excavation at this time will eliminate or dramatically reduce the 120 amount of fill material that would need to be transported into or out of Town 121 thereby reducing truck traffic along Brush Creek Road; and 122 123 d) Permitting the excavation at this time will enable the final 23,000 cubic yards 124 unless used for Lot C) to be transported out of town during the fall shoulder 125 season. 126 127 8. The application is consistent with the review standards for an Administrative 128 Modification pursuant to Sections 16A-5-250(a)(9) and 16A-5-250(b)(4) of the 129 Municipal Code; 130 131 9. The excavation work will not have a substantially adverse effect on the 132 neighborhood; 133 134 10. The excavation work will not have a substantially adverse impact on the enjoyment 135 of land abutting upon or across the street from the project site; 136 137 11. The excavation work at this time will not change the basic character of the project or 138 the surrounding area; 139 140 12. The proposed modification to Condition 7 will comply with all other applicable 141 standards of the Municipal Code. 142 P:\user\cconrad\MS Word Docs\Base Village\Post Final PUDAdministrative Modifications\At Risk Excav Bldgs 13A&B\ROD#19 At Risk Excav Bldgs 13A&B.doc Base Village PUD Record of Decision No. 19 Page 4 of 6 143 Section Two: Decision. The Applicant's request to allow an at-risk excavation permit for the 144 Base Village Hotel, as further described in the "Application for Administrative Modification to the 145 Base Village PUD" submitted June 22, 2007 and the supplemental information described within 146 Finding No. 2 above, Exhibit "A" and Exhibit "B", is hereby approved on this th day of June, 147 2007, subject to the conditions stated in Section Three below. 148 149 Section Three: Conditions of Approval. The approval granted within Section Two shall be 150 subject to the following conditions: 151 152 1. The Town Council shall authorize the modification of Condition 7 to permit the at- 153 risk excavation permit and issuance of this Record of Decision with the approval 154 of at least 3/4 of the members of the Town Council present and voting as set 155 forth in Ordinance 11. 156 157 2. The Applicant has agreed to post a non-cancelable performance and restoration 158 bond to guarantee that the site disturbance and excavation area will be restored 159 to its pre-development natural condition should: 1) the excavation be interrupted 160 or not progress in accordance with the timeframes specified on the Chart; 2) the 161 terms and conditions of this Record of Decision have been violated; or 3) that the 162 terms of Condition 7 have not been fully satisfied by no later than October 31, 163 2007 [To Be Determined]. 164 165 3.Said bond shall assure that the landowner will comply with all Town at-risk 166 excavation permit requirements and applicable Municipal Code standards and 167 specifications and shall assure completion of the permitted work if due to failure 168 of the Applicant to comply with the provisions of this Record of Decision or 169 Ordinance 11, and that said work will be completed without expense to the Town 170 as a result of any stoppage of the work that is to be performed. 171 172 4. The performance and restoration bond amount shall be $3,000,000.00. The final 173 bond amount shall determined using a "worst case" scenario involving the 174 possible necessity of purchasing the fill material from outside the Town and 175 transporting it to the site, depositing it in the excavation area and including the 176 cost to revegetate and restore the disturbed area by hydro mulching. 177 178 The Applicant shall provide the Town documentation of the restoration cost at the 179 time of application for the permit for evaluation and approval by the Town 180 Engineer, who may adjust the required amount as determined appropriate 181 following his review. The bond shall be from an acceptable surety bond company 182 licensed to do business in Colorado and shall be in a form acceptable to the 183 Town Attorney. 184 185 5.No excavation or other construction activities associated with this approval may 186 occur until such time as the necessary Town at-risk excavation permit has been 187 reviewed, approved and issued by the Town Building Department. The Applicant 188 and/or landowner shall be responsible for completion of the permitted work within 189 the specified time frame and to satisfy all other terms and conditions of this 190 Record of Decision or Ordinance 11. 191 P:\user\cconrad\MS Word Docs\Base Village\Post Final PUD\Adminisirative Moditications\At Risk Excav Bldgs 13A&B\ROD#19 At Risk Excav Bldgs 13A&B.doc Base Village PUD Record of Decision No. 19 Page 5 of 6 192 6.All processing and stockpiling of fill material, to include crushing and screening 193 operations, shall be limited to Parcel 5, as shown on Exhibit "A", The location of 194 construction trailers or materials within Lot 5 shall not be the basis for the 195 Applicant processing or stockpiling fill material from the Base Village Hotel site 196 elsewhere within the Base Village PUD without further Town approval. 197 198 7.All excavated material will be initially removed from the site and transported to 199 the other side of Wood Road via the ski-back trail north of the Base Village Hotel 200 site with trucks passing under Wood Road utilizing the ski under bridge to Lot 5 201 location of Building 11), as shown on Exhibit "A". 202 203 S.All dirt stockpiles shall be limited to thirty (30) feet in height as measured from 204 existing grade and not exceed a 2:1 grade slope. 205 206 9. The proposed crusher shall not be used for rocks greater than twelve (12) inches 207 in diameter. 208 209 10. An additional access gate is authorized at the location shown on Exhibit "A" 210 which may solely be used for the transportation of fill dirt to Lot 5. A Tire Anti- 211 Tracking Device will not be required at this exit point; however, a water truck will 212 be used during dry periods to control on-site dust and minimize airborne dust on 213 the ski-back haul road. 214 215 11. All applicable provisions of the Base Village and Sinclair Meadow Construction 216 Management Plan shall apply 217 218 12. A license agreement shall be obtained from the Town to permit the use of the ski- 219 back trail within Parcel "F' and shall include a requirement that the trail and 220 disturbed portions of Parcel "F' be restored to a reasonable ski able condition as 221 shown on the approved Base Village civil plans prior to commencement of the ski 222 season. The affected portions of Parcel "F" shall be revegetated to the 223 satisfaction of the Planning Director by no later than June 15, 2007. 224 225 13. The terms and conditions of the Sinclair Meadows development PUD approval 226 have not yet been fully satisfied and that development of the property, including 227 dirt stockpiling or placement on-site shall not occur until such time as final 228 approval has been granted by the Town Engineer and Planning Department. 229 230 14. Construction and/or project management issues may arise or problems may 231 occur during the period of excavation that could not have been reasonably 232 anticipated at the time the permit was issued or that are not sufficiently 233 addressed within the Base Village or Sinclair Meadows Construction 234 Management Plan. The Planning Director shall have the authority to amend the 235 Construction Management Plan as reasonably necessary to resolve the issue or 236 problem. The Applicant may then agree with the Planning Director's decision or 237 appeal to the Town Council for final determination. Said appeal shall be 238 submitted in writing to the Planning Department within five (5) days of the 239 director's decision. 240 P:\user\cconrad\MS Word Docs\Base Village\Post Final PUDAdministrative Modifications\At Rlsk Excav Bldgs 13A&B\ROD #19 At Risk Excav Bldgs 13A&B.doc Base Village PUD Record of Decision No. 19 Page 6 of 6 241 15. This Record of Decision shall be recorded, at Applicant's expense, with the Pitkin 242 County Clerk and Recorder. The document shall be returned to the Town and 243 retained for review in the records of the Town Clerk's office. An additional copy 244 will be on file with the Town Planning Department. 245 246 16. This Record of Decision pertains only to the subject matter contained in it and 247 supersedes all prior and contemporaneous approvals, representations, and 248 understandings of the parties. No supplement, modification, or amendment of 249 this Decision shall be binding unless executed by the Town Manager. No waiver 250 of any of the provisions of this Decision shall be deemed, or shall constitute, a 251 waiver of any other provision, whether or not similar, nor shall any waiver 252 constitute a continuing waiver. No waiver shall be binding unless executed by the 253 Town Manager. 254 Section Four: Severability. If any provision of this Record of Decision or application hereof to any psmon or circumstance is held invalid, the invalidity shall not affect any other provision or application of 129.4 Record of Decision which can be given effect without the invalid provision or application, and, to 1298 end, the provisions of this Record of Decision are severable. 259 260 261 262 263 Chris C. Conrad, Planning Director 264 P:\user\cconrad\MS Word Docs\Base Village\Post Final PUMAdministrative Modifications\Nt Risk Excav Bldgs 13A&B\ROD#19 At Risk Excav Bldgs 13A&B.doc FI'4 Exhibit "A" Record of Decision No.19 At-Risk Excavation Permit Buildings 13A&B Page 2 of 2) l utholized Access Gate Location Fit Di Haulin Only Base Village Hotel S1t Area of Pere mit) ERDM DlW V+ i i Lot 6 i Authorl>:ed FIII Dirt Location I a IN 277Z4 i I1 S Record of Decision No. 19 I i I I f At-Risk Excavation Permit Buildings 13A813 Page 1 of 1) 11(/ i till wL II, Wood Road Zt it lift rl i,.(/ Ii I/%Ili, :y '_...'1 ` y I III 1161 I 1 i : .;:. ':. i I1 Iii i p i:, {:.° .- . ;< :,: -`:',<.',•.I,',>,.a:-,t:.;; . 11r 1111)r 1 tpl 6 lljll `— Jh' jFk7fy.: Of -1611 11, 11 ''ill 1r li, { I `, I Ni s °:k ,. r I Lt 5 I I i::: Authorized I I 3 Fill Dirt l ovation I It I F I e 1 II It III I, IIIIIIIIIIII l 5 I l I t,'. i. b1i/JI111i1jlllli i•.:.r,:::. .;..;r''S::`'':j7J;' r ' . (( i l 111111 141 rilr r lI111 r -I':..-_,.. ': .:`.:.•.;.. 1 I is d Bass Village Buildings 13 A& B Excavation and Distribution 2W Quarter -- Quarter 481 Quarter let Quarter 2nd uxler Total loads Per Day so e0 I Be so 90 on so I BD I Be so e0 Do BD Bo so 160 140 130 120 110 100 p0 I DO 60 60 1.I r; i 0 40 I ItY I 30 I!I 20 I{ 4t D Dw , 07 Lis• 07 Jun- 07 Jul- 07 U 7 7 Ott- 0 Nov- 07 1 OeaW 1 Jan- OB Feb- 08 Mare 00 D JunOB x Working doys 8 22 27 26 n 20 i 22 i 26 22 26 26 27 28 Jmr263W1 0 f, 7 elnalalr Meadows Estimated 36, 000 Cu Yoe m= Mo. Total Ea Distribution Bridge Backnll EstMnted 10, 000 Cu We Jun 6, 400 Yards 0 rMga Emryway Estimated 2, 000 Cal Yde Jui 18, 900 Yards 16, 200SInclerMeadowe 4, 600 Bridge No Down VaOty Tnps Anticipated S `z! Garage Backall Estimated 20, U00 Cu Yoe Aug 24, 300 Yeats 0, 1100 Sinclair Meadawa 2, 000 Entryway 2, 5000arage, 110 0. Valley Trips Anticipated 13A& B generated 80, 000 Ou Yd, Sep 22, 600 Yams 17, 600 Garage 6, 000 Yoe Down Valley mN Dewn Valley Trips Oct 18, 000 Yards 16, 000 Yds Down Valley Dge Based upon a threshold of 90 trips per day W Timing and cluentltas needed are critical, if demand can not be mewls 12 A9B export, Import of structural fill will be necessary June start minimizes down valley traffic Heaviest haul In shoulder season Assumes that screening on alts will be necessary for fill One month delay In allowing a June 26 Start of excavation may not affect turnover date . Delay of excavation beyond this critical Window will cause 20% reduction In excavation, foundation and pre cast actvites end may Impact delivery dates by 2 months SNOWMASS WLAGE Record of Decision Administrative Modification#19 At-Risk Excavation Permit for Buildings 13A& 13B The Applicant, Related WestPac LLC, on behalf of the landowner being Base Village Owner LLC, a Delaware limited liability company ("Applicant"), has applied for approval to allow an at-risk excavation permit for Buildings 13A and 13B, Base Village PUD (the "BV Hotel"), as further'described in their application titled "Application for Administrative Modification to the Base Village PUD" submitted June 22, 2007, attached hereto and incorporated herein by reference and as on file with the Town Clerk and Planning Department. Condition No. 7, Section Three, of Ordinance No. 21, Series of 2004 ("Condition 7") is a condition that relates to the BV Hotel and must be satisfied prior to receiving a building permit including excavation) for said buildings as well as any buildings within Phase 2A of the Base Village PUD. While the terms of Condition 7 have not yet been fully satisfied, the Applicant requests an at-risk excavation permit at this time on the basis that it will "insure the health and welfare of the community" and will "allow the majority of the excavated material to remain in the village, therefore reducing the environmental and traffic impacts on the Town of Snowmass Village." Section 16A-5-390(1)(a) of the Snowmass Village Municipal Code ("Municipal Code") permits an administrative amendment to an approved PUD pursuant to Section 16A-5-250(a)(9) of the Municipal Code. Condition 7 may only be modified to permit the at-risk excavation permit in accordance with the provisions of Section 16A-5-390 of the Municipal Code for a PUD amendment approved by at least 314 of the members of the Town Council present and voting. The administrative amendment of an approved PUD may not be granted if the changes are inconsistent with a condition or a representation of the project's original approval. In addition, Condition 7 specifies that any modification thereof requires the approval of at least 3/4 of the members of the Town Council present and voting. For these reasons, the Planning Director has requested that the Town Council authorize the modification of Condition 7 to permit the at-risk excavation permit prior to issuance of this Record of Decision. Said determination whether to grant authorization shall be as initially set forth in Town Council Ordinance No. 11, Series of 2007 ("Ordinance 11") or by subsequent ordinances relating to at-risk excavation permits involving the BV Hotel. Section One: Findings. After evaluation of the Applicant's proposal, the Planning Director has found: 1. The Applicant has represented that excavation work for the Base Village Hotel will involve the removal of approximately 90,000 cubic yards of dirt from the site. The Base Village Buildings 13A&B Excavation and Distribution Chart" (the "Char:) attached hereto as Exhibit "C" and incorporated herein by reference and which was included with the application identifies several locations where the dirt is intended to Base Village PUD Record of Decision No.19 Page 2 of 6 be placed. It should be noted that the terms and conditions of the Sinclair Meadows development PUD approval have not yet been fully satisfied and that development of the property, including dirt stockpiling or placement on-site cannot occur until such time as final approval has been granted by the Town Engineer and Planning Department. 2. Certain additional information has been provided by the Applicant that is not contained within the application document. Specifically, the Applicant agrees to amend the application to include the following: a) All excavated material will be initially removed from the site and transported to the other side of Wood Road via the ski-back trail north of the Base Village Hotel site with trucks passing under Wood Road utilizing the ski under bridge to Lot 5 (location of Building 11), as shown on Exhibit"A" attached hereto and incorporated herein by reference. b) All material will then be stockpiled and processed within Lot 5, being 0.91 acres in size, until such time as it is transported to the various locations specified within the Chart. c) The processing of the hauled dirt will include rock crushing and screening to also occur within Lot 5. d) The stockpiled dirt will be somewhat leveled on-site within Lot 5 rather than kept in large piles. e) The Chart currently identifies approximately 23,000 cubic yards of fill that will need to be transported down valley commencing in September. The Applicant is investigating the likelihood that a reasonable portion of that fill may be used to prepare the parking area for Lot "C", as shown on Exhibit "B" attached hereto and incorporated herein by reference, to be used for skier parking during the ski season. 3. The amended application information indicates that the Assay Hill ski-back trail, shown on Exhibit "A", will be utilized. Said trail is located within Parcel "F" owned by the Town. A license agreement should be authorized by the Town Council to permit its use and include a requirement that the trail be restored to a reasonable condition prior to commencement of the ski season. 4. .The Construction Management Plan for the Base Village PUD does not specifically authorize the use of a rock crusher and screening on-site. It should be noted, however, that two (2) rock crushers were utilized by Ames Construction last summer. The proposed crusher is not designed or intended to be used for rocks greater than twelve (12) inches in diameter. 5. All excavated material will be initially removed from the site and transported to the other side of Wood Road via the ski-back trail north of the Base Village Hotel site with trucks passing under Wood Road utilizing the ski under bridge to Lot 5 (location of Building 11), as shown on Exhibit "A". P:luserlcconradWS Word DocslBase VllagelPost Final PUDWdministrative ModificationsWt Risk Excav Bldgs 13A&MROD#19 At Risk Excav Bldgs 13AB FIN.doc Base Village PUD Record of Decision No. 19 Page 3 of 6 6. The need to permit the issuance of an at-risk excavation permit has been determined by the Planning Director to be reasonable and necessary to mitigate the unforeseen impacts due to circumstances that could not have been reasonably anticipated by the original developer or Applicant prior to or during the original Base Village PUD approval process. 7. The modification of Condition 7 in order to permit the issuance of an at-risk excavation permit is generally consistent with the provisions of Ordinance 21 and the PUD Guide for the following reasons: a) The Base Village Hotel buildings will not receive further approval to commence construction until such time as Condition 7 is fully satisfied; b) This Record of Decision requires that the disturbed area be fully restored should Condition 7 not be satisfied within a reasonable period of time as determined by the Town Council; c) Permitting the excavation at this time will eliminate or dramatically reduce the amount of fill material that would need to be transported into or out of Town thereby reducing truck traffic along Brush Creek Road; and d) Permitting the excavation at this time will enable the final 23,000 cubic yards unless used for Lot C) to be transported out of town during the fall shoulder season. 8. The application is consistent with the review standards for an Administrative Modification pursuant to Sections 16A-5-250(a)(9) and 16A-5-250(b)(4) of the Municipal Code. 9. The excavation work will not have a substantially adverse effect on the neighborhood. 10. The excavation work will not have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the project site. 11. The excavation work at this time will not change the basic character of the project or the surrounding area. 12. The proposed modification to Condition 7 will comply with all other applicable standards of the Municipal Code. Section Two: Decision. The Applicant's request to allow an at-risk excavation permit for the Base Village Hotel, as further described in the "Application for Administrative Modification to the Base Village PUD" submitted June 22, 2007 and the supplemental information described within Finding No. 2 above, Exhibit "A" and Exhibit "B", is hereby approved on this 2nd day of July, 2007, subject to the conditions stated in Section Three below. P:\user\cconradWS Word Docs\Base VillageTost Final PUDWdministrative ModificationsWt Risk Excav Bldgs 13A&B\ROD#19 At Risk Excav Bldgs 13AB FIN.doc Base Village PUD Record of Decision No. 19 Page 4 of 6 Section Three: Conditions of Approval. The approval granted within Section Two shall be subject to the following conditions: 1. The Town Council shall authorize the modification of Condition 7 to permit at-risk excavation permits and issuance of this Record of Decision with the approval of at least 3/4 of the members of the Town Council present and voting as set forth in Ordinance 11 or by subsequent ordinances relating to at-risk excavation permits involving the BV Hotel. 2. The excavation permit to be issued pursuant to Ordinance 11 shall be limited in scope as follows: a) the total of all materials excavated from the site of Buildings 13A and 13B shall be limited to 30,000 cubic yards; and b) any and all materials excavated and/or removed from the site of Buildings 13A and 13B of material must remain within the Base Village P.U.D. 3. Any further at-risk excavation work involving the BV Hotel site may only occur as may be issued by the Town Building Department subject to terms and conditions set forth by this Record of Decision and subsequent ordinances as may be approved by the Town Council specifically authorizing additional excavation to occur. 4. The Applicant has agreed to post a non-cancelable performance and restoration bond to guarantee that the site disturbance and excavation area will be restored to its pre-development natural condition. The amount and requirements of said bond shall be as set forth in Ordinance 11 or by subsequent ordinances relating to at-risk excavation permits involving the BV Hotel. 5. The landowner will comply with all Town at-risk excavation permit requirements and applicable Municipal Code standards and specifications and shall assure completion of the permitted work if due to failure of the Applicant to comply with the provisions of this Record of Decision, Ordinance 11 or subsequent ordinances and said work will be completed without expense to the Town as a result of any stoppage of the work that is to be performed. 6. All performance and restoration bond amounts shall be determined using a worst case" scenario involving the possible necessity of purchasing the fill material from outside the Town and transporting it to the site, depositing it in the excavation area and including the cost to revegetate and restore the disturbed area by hydro mulching. The Applicant shall provide the Town documentation of the restoration cost at the time of application for each at-risk excavation permit with the amount to be determined by the Town Manager in consultation with Town Engineer, who may adjust the required amount as determined appropriate following his review. P:luseAcconradWIS Word Docs Base VillageTosl Final PUMAdministrative Modifications\At Risk Excav Bidgs 13A&B1ROD#19 At Risk Excav Bidgs 13AS FIN.doc Base Village PUD Record of Decision No. 19 Page 5 of 6 7. All processing and stockpiling of fill material, to include crushing and screening operations, shall be limited to Parcel 5, as shown on Exhibit"A". The location of construction trailers or materials within Lot 5 shall not be the basis for the Applicant processing or stockpiling fill material from the Base Village Hotel site elsewhere within the Base Village PUD without further Town approval. 8. All excavated material will be initially removed from the site and transported to the other side of Wood Road via the ski-back trail north of the Base Village Hotel site with trucks passing under Wood Road utilizing the ski under bridge to Lot 5 location of Building 11), as shown on Exhibit"A". 9. All dirt stockpiles shall be limited to thirty (30)feet in height as measured from existing grade and not exceed a 2:1 grade slope. All stockpiles shall be frequently watered during dry periods and at the conclusion of each day to control on-site dust and minimize airborne dust leaving the staging area. 10. The proposed crusher shall not be used for rocks greater than twelve (12) inches in diameter. 11. An additional access gate is authorized at the location shown on Exhibit"A" which may solely be used for the transportation of fill dirt to Lot 5. A Tire Anti- Tracking Device will not be required at this exit point; however, a water truck will be frequently used during dry periods to control on-site dust and minimize airborne dust on the ski-back haul road. 12. Air Quality control options established by the Colorado Department of Public Health and Environment shall be implemented in all areas of disturbed earth, including temporary haul roads, material staging areas, and open excavations. Any visible dust migration coming off of a project site will require the immediate application of enhanced control measures. 13. PM-10 monitoring will continue to measure the particulates within the Base Village project. Allowable thresholds for this measurement will now include a 24- hour average not to exceed 130 ug/m'. 14. The Applicant may utilize the application of a dust suppressant to the haul road and/or stockpiles provided the type of suppressant, means of application and method of preventing run-off has been reviewed and prior written approval granted by the Planning Director, or designee. 15. All applicable provisions of the Base Village and Sinclair Meadow Construction Management Plan(s) shall apply. 16. A license agreement shall be provided to the Town to permit the use of the ski- back trail within Parcel "F" and shall include a requirement that the trail and disturbed portions of Parcel "F" be restored to a reasonable ski able condition as shown on the approved Base Village civil plans prior to commencement of the ski season. The affected portions of Parcel "F" shall be revegetated to the satisfaction of the Planning Director by no later than June 15, 2006. P:WserlcconradW IS Word Docs\Base VillageTost Final PUDWdministrative ModificationslAt Risk Excav Bldgs 13AWROD#19 At Risk Excav Bldgs 13AB FIN.doc Base Village PUD Record of Decision No. 19 Page 6 of 6 17. Construction and/or project management issues may arise or problems may occur during the period of excavation that could not have been reasonably anticipated at the time the permit was issued or that are not sufficiently addressed within the Base Village or Sinclair Meadows Construction Management Plan. The Planning Director shall have the authority to amend the Construction Management Plan as reasonably necessary to resolve the issue or problem. The Applicant may then agree with the Planning Director's decision or appeal to the Town Council for final determination. Said appeal shall be submitted in writing to the Planning Department within five (5) days of the director's decision. 18. This Record of Decision shall be recorded, at Applicant's expense, with the Pitkin County Clerk and Recorder. Note that Exhibit "C° contains a color keyed graph. The document shall be returned to the Town and retained for review in the records of the Town Clerk's office. An additional copy will be on file with the Town Planning Department. 19. This Record of Decision pertains only to the subject matter contained in it and supersedes all prior and contemporaneous approvals, representations, and understandings of the parties. No supplement, modification, or amendment of this Decision shall be binding unless executed by the Town Manager. No waiver of any of the provisions of this Decision shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed by the Town Manager. Section Four: Severability. If any provision of this Record of Decision or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Record of Decision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Record of Decisio s verable. Chris C. Conrad, Planning Director P:\usef\cconradXMS Word Docs\Base Village\Post Final PUDWdministrative ModificationsWt Risk Excav Bldgs 13A&B\ROD#19 At Risk Excav Bldgs 13AB FIN.doc r RELATED WESTPAC Construction Memo June 20, 2007 1. To Russell Forrest: Related WestPac requests an emergency at risk excavation permit for the Base Village Project buildings 13 A& 13B sites. The conditions and timing are such that a prompt release of the excavation permit will insure the health and welfare of the community. We have coordinated the project to allow the majority of the excavated materials to remain in the village. If you look at the attached work sheet you will see that we plan on utilizing the majority of the excavated materials within the Town. The work sheet also shows the major traffic impact to the shoulder season. By allowing us to start excavation no later than June 25, 2007 we will not have to import soils to the various projects within the Town; thus we reduce truck traffic and the related affect of the truck operation on down valley trips. This will also allow us to complete excavation activities before the winter season. Thank you, Patrick Smith, Presi ent Related WestPac 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620 (t) (970) 920-3384 (0 2nd Quarter 2nd Quarter Total Loads Per Day 90 90 90 90 90 90 150 140 130 120 110 100 90 80 70 60 50 40 30 20 10 Apr-07 May-07 r-08 Apr-08 May-08 Jun-08 Working days 25 25 27 26 Jw Sinclair Meai Bridge Bacid Entryway Esey Trips Anticipated Garage Bachge,No Down Valley Trips Anticipated 13 A&B Estir Down Valley' Based upon a threshold d Timing and quantities nee June start minimizes dowi Heaviest haul in shoulder Assumes that screening c One month delay in allowi Delay of excavation beyormpact delivery dates by 2 months