No preview available
HomeMy WebLinkAboutR94-137 approval of amendment to Beaver Creek PUDi moved adoption / � the following Resoluti RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - -� '/ l_ APPROVAL OF AMENDMENT TO THE BEAVER CREEK PLANNED UNIT DEVELOPMENT FILE NOS. PD- 100 -93 -S PD- 100 -93 -P2 PD- 100 -93 -A1 PD- 100 -93 -A2 PD- 100 -93 -A3 PD- 100 -93 -A4 PD- 100 -93 -A5 PD- 100 -93 -A6 PD- 100 -93 -A7 PD- 100 -93 -A8 �.t WHEREAS, on or about November 1, 1993, the County of Eagle, State of Colorado, accepted for filing application(s) submitted by The Vail Corporation d /b /a/ Vail Associates Inc. (hereinafter "Applicant ") for amendments to the Beaver Creek Planned Unit Development, (south of) Avon, Colorado (hereinafter the "PUD "), File Nos. PD- 100 -93 -S, PD- 100- 93- P1(withdrawn), PD- 100- 93 -P2, PD- 100- 93 -A1, PD- 100- 93 - A2, PD- 100-93-A3, PD- 100- 93 -A4, PD- 100- 93 -A5, PD- 100- 93 -A6, PD- 100- 93 -A7, PD- 100- 93 -A8; and WHEREAS, the Applicant requested amendments to the PUD for the purposes of reallocating densities within the PUD and changing land use designations as described in the applications and as amended through the public hearing process; and WHEREAS, notice of the proposed amendments was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application(s) and setting forth the dates and times of hearings for consideration of the applications by the Planning Commission and the Board of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meetings held on December 15, 1993 and January 19, 1994, the Planning Commission, based upon its findings, recommended conditional approval of the proposed PUD amendments; and WHEREAS, at its public meeting hearings on February 15, 1994 and March 1, 1994, the Board considered the PUD Amendment applications, associated plans and the statements and concerns of the Applicant and the Eagle County staff. 534635 B -638 P -584 04/26/94 11:10A PG 1 OF 47 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 1 Based on the evince, testimony, exhibits, )pview of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board makes the following findings: `:*0k , 100K , Lel-j With respect to File No. PD- 100 -93 -5; Pursuant to the Amended and Restated Guide To The Beaver Creek Planned Unit Development, July 26, 1988, Section X. (A) Substantial Amendments. The modification removal or release is consistent with the efficient development and preservation of the entire Beaver Creek PUD does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the Beaver Creek PUD or the public interest, if the conditions required herein are followed and is not granted solely to confer a special benefit upon any person. In addition to the above PUD criteria, the following Sketch Plan criteria were considered pursuant to Section 2.17.02(3) of the Eagle County Land Use Regulations: (a) The Sketch Plan application conforms with the Master Plan, Open Space Plan and Trails Plan, policies, guidelines, zoning and other applicable regulations; (b) The land is suitable for subdivision if the conditions required herein are followed; (c) Comments and recommendations from the agencies listed in Section 2.17.02(1) have been considered. (d) The parcel of land proposed for subdivision has access to the State Highway system capable of servicing the development, which will be more specifically described and permitted in conformance with the Colorado Department of Transportation Access Codes. In addition to the above criteria, the following Sketch Plan criteria were considered pursuant to Section 2.06.13 (5) of the Eagle County Land Use Regulations: (a) The resulting development will be consistent with the Master Plan objectives; (b) The area around the development can be planned to be in substantial harmony with the proposed PUD; (c) The adjacent and nearby community will not be detrimentally affected by the proposed PUD; 2 (d) The PUD can completed within a reas "Ible period of time, which shall be determined prior to final approval of the Sketch Plan; (e) Not applicable; (f) The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area; (g) Proposed utility and drainage facilities are adequate for population densities and type of development proposed; (h) The employee housing plan as provided is acceptable, if the conditions as required herein are implemented. In addition to the above criteria, the following Planned Unit Development criteria were considered pursuant to Section 2.06.13(2), Standards and Requirements: (a) The PUD amendment is generally consistent with the intent of the Eagle County Master Plan and the Town of Avon Plan to the extent applicable. (b) The design and construction of the PUD includes adequate, safe, and convenient arrangements for pedestrian and vehicular circulation, off- street parking and loading space. (c) The proposed setbacks and lot widths are adequate to provide adequate access and fire protection, to insure proper ventilation, light, air, and snowmelt between buildings, and to insure that the PUD is compatible with other development in the area. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation, scenery, and to produce a feeling of openness. All areas designated as common or public open space pursuant to the requirements of this section are accessible. (e) The developer has committed to providing within the PUD central water and sewer facilities as may be required by the County Commissioners, the Colorado Department of Health, and the local health authorities. (f) The development has been designed to provide for necessary commercial and recreational facilities conveniently located to residential housing. The educational impacts are expected to be minimal, however, a cash payment of $95,733.90 in lieu of land dedication is due upon submittal of the first Final Plat for land subject to this PUD Amendment. (g) Strawberry Park is a clustered housing pod within the Beaver Creek PUD which maintains open space and economy of development and variety in type, design and layout of buildings. 3 (h) Maximum he_ )t of structures has been tablished by the PUD plan. In addition to the above Standards and Requirements, the following criteria for evaluation of the Planned Unit Development were considered pursuant to Section 2.06.13(3): (a) Open space (25% Minimum) The PUD amendment proposal results in approximately 67% open space which is zoned PUD /Open Space Recreation or Open Space Greenbelt. (b) Residential density The density has been proposed in consideration of the Master Plan and characteristics of the subject land. (c) Density of Other Uses (commercial) The commercial use has been proposed in consideration of the Master Plan Town of Avon Plan to the extent applicable and characteristics of the subject land. (d) Architecture The architecture within the Planned Unit Development has been designed to be compatible with other units in the area, yet avoids uniformity and lack of variety in structural designs among the PUD. (e) Mixed Uses The PUD has been designed to provide commercial and recreational amenities to its residents. Lift easements and road connections have been proposed to alleviate increased traffic and traffic congestion. Educational amenities are not proposed and are not appropriate in this location. (f) Minimum Area The minimum area requirement has been met. (g) Maintenance of Open Space The Beaver Creek Metropolitan District is in place to provide for the ownership and maintenance of private roads, drives and parking and a conservation easement is proposed to be conveyed to Colorado Open Lands. (h) Employee housing The applicant has analyzed the currently maintains a surplus previous agreements, however, employee housing needs and of housing units based upon approval of the PUD Amendment may 4 result in d y 1�lacement of on -site empl , ;�.e housing which has been considered as part of this approval. In addition to the above criteria, the following PUD Amendment criteria were considered pursuant to Section 2.06.13 (il)(b) of the Eagle County Land Use Regulations: (1) The proposed amendment is consistent with the efficient development and preservation of the entire PUD; and (2) The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest; and (3) The proposed amendment is not granted solely to confer a special benefit on any person. In addition to the above criteria, the following Zone Change criteria were considered pursuant to Section 2.14.04(1) of the Eagle County Land Use Regulations: (a) The rezoning is consistent with the applicable Master Plans and the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the use requested and that the advantages of the use requested outweigh the disadvantages. (b) Conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. (c) The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. With respect to File No. PD- 100- 93 -P1: This file was voluntarily withdrawn by the applicant. With respect to File No. PD- 100- 93 -P2: Pursuant to the Amended and Restated Guide To The Beaver Creek Planned Unit Development, July 26, 1988, Section X. (A) Substantial Amendments. The modification removal or release is consistent with the efficient development and preservation of the entire Beaver Creek PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the Beaver Creek PUD, or the public interest, if the conditions required herein are followed and is not granted solely to confer a special benefit upon any person. In addition to the above criteria, the following PUD Amendment criteria were considered pursuant to Section 2.06.13 (11)(b) of the Eagle County Land Use Regulations: 5 (1) The propose_..= is consistent v,rtJh the efficient development and preservation of the entire PUD; and (2) The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest; and (3) The proposed amendment is not granted solely to confer a special benefit on any person. In addition to the above PUD criteria, the following Preliminary Plan criteria were considered pursuant to Section 2.18.02(3) of the Eagle County Land Use Regulations: (a) The PUD Amendments /Preliminary Plan application is in general conformance with the Sketch Plan approvals if the conditions required herein are followed. (b) The PUD Amendment Applications /Preliminary Plan is in general conformance to these and other applicable regulations, policies and guidelines if the conditions required herein are followed. (c) The staff has reviewed the reports on file and others as available pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas and recommendations as prepared by the appropriate agency to mitigate hazards and to protect resources have been recommended to the Applicant. In addition to the above Preliminary Plan review criteria, the following Planned Unit Development criteria have been considered pursuant to Section 2.06.13(2), Standards and Requirements: (a) The PUD amendment is generally consistent with the intent of the Eagle County Master Plan and the policies contained therein and the Town of Avon Plan and the policies contained therein to the extent applicable. (b) The design and construction of the PUD includes adequate, safe, and convenient arrangements for pedestrian and vehicular circulation, off - street parking and loading space. (c) The proposed setbacks, lot widths and spaces between buildings are adequate to provide adequate access and fire protection, to insure proper ventilation, light, air, and snowmelt between buildings, and to insure that the PUD is compatible with other development in the area. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation, scenery, and to produce a feeling of openness. All areas designated as common or public open space pursuant to the requirements of this section are accessible by proper physical and legal access ways. 11 (e) The develol 1 has committed to providi ry)within the PUD central water and sewer facilities as may be required by the County Commissioners, the Colorado Department of Health, and the local health authorities. (f) The development has been designed to provide for necessary commercial and recreational facilities conveniently located to residential housing. The educational impacts are expected to be minimal, however, a cash payment of $95,733.90 in lieu of land dedication is due upon submittal of the first Final Plat for land subject to this PUD Amendment. (g) Strawberry Park is a clustered housing pod within the Beaver Creek PUD which maintains open space and economy of development and variety in type, design and layout of buildings. (h) Maximum height of structures has been established by the PUD plan. In addition to the above Standards and Requirements, the following criteria for evaluation of the Planned Unit Development have been considered pursuant to Section 2.06.13(3): (a) Open space (25% Minimum) The PUD amendment proposal results in approximately 67% usable open space. All such open space is zoned PUD /open Space Recreation or Open Space Greenbelt. (b) Residential density The density has been proposed in consideration of the Master Plan and individual characteristics of the subject land. (c) Density of Other Uses (commercial) The commercial use has been proposed in consideration of the Master Plan and the Town of Avon Plan to the extent applicable and individual characteristics of the subject land. (d) Architecture The architecture within the Planned Unit Development has been designed to be compatible with other units in the area, yet avoids uniformity and lack of variety in structural designs among the PUD. (e) Mixed Uses The PUD has been designed to provide commercial and recreational amenities to its residents. Lift easements and road connections have been proposed to alleviate increased traffic and traffic congestion. Educational amenities are not proposed and are not appropriate in this location. 7 - (f) Minimum Art , 1 The minimum area requirement has been met. (g) Maintenance of Open Space The Beaver Creek Metropolitan District is in place to provide for the ownership and maintenance of private roads, drives and parking and a conservation easement is proposed to be conveyed to Colorado Open Lands. (h) Employee housing The applicant has analyzed the employee housing needs and currently maintains a surplus of housing units based upon previous agreements, however, approval of the PUD Amendment may result in displacement of on -site employee housing which has been considered as part of this approval. In addition to the above criteria for evaluation of the Planned Unit Development, the following criteria have been considered pursuant to Section 2.06.13(7)(a) Preliminary Plan Review. (1) The Final Environmental Impact Report submitted with the application is adequate and previous Environmental Reports were considered. (2) The issues and information required by the County Commissioners upon approval of the Sketch Plan have been addressed. (3) An application for a zone change (PUD Amendment) has been submitted with the application. (4) A PUD control document has been submitted and reviewed by staff and upon approval by the Board of County Commissioners, will be recorded with the Clerk & Recorder. In addition to the above criteria, the following Zone Change criteria were considered pursuant to Section 2.14.04(1) of the Eagle County Land Use Regulations: (a) The rezoning is consistent with the applicable Master Plans and the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the use requested and that the advantages of the use requested outweigh the disadvantages. (b) Conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. (c) The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. Ll With respect to File J PD- 100- 93 -A1, A2, A3, rv,, A5, A6, A7 and A8: Pursuant to the Amended and Restated Guide To The Beaver Creek Planned Unit Development, July 26, 1988, Section X. (A) Substantial Amendments. The modifications, removal or releases are consistent with the efficient development and preservation of the entire Beaver Creek PUD, do not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the Beaver Creek PUD or the public interest, if the conditions contained herein are followed and are not granted solely to confer a special benefit upon any person. In addition to the above criteria, the following PUD Amendment criteria were considered pursuant to Section 2.06.13 (11)(b) of the Eagle County Land Use Regulations: (1) The proposed amendments are consistent with the efficient development and preservation of the entire PUD; and (2) The proposed amendments do not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest; and (3) The proposed amendments are not granted solely to confer a special benefit on any person. In addition to the above criteria, the following Zone Change criteria were considered pursuant to Section 2.14.04(1) of the Eagle County Land Use Regulations: (a) The rezonings are consistent with the applicable Master Plans and the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the uses requested and that the advantages of the uses requested outweigh the disadvantages. (b) Conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone districts being sought. (c) The areas for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the areas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, in recognition, of the favorable impact of these PUD amendments upon air quality within the Beaver Creek PUD, Eagle County agrees to assist and support Applicant in the amendment of the Beaver Creek Area Cooperative Agreement dated September 15, 1981, between Applicant, the State of Colorado, The United States Forest Service and Eagle County to eliminate the requirement to operate a computerized fireplace burning control system; and 0 THAT, the appliL- -ions submitted by The Va_ Corporation d /b /a Vail Associates Inc. for amendment to the Beaver Creek Planned Unit Development be and are hereby granted subject to the following conditions: Approval of File Number PD- 100 -93 -S, Upper Bachelor Gulch with the following conditions: 1. The Applicant shall submit to Eagle County as part of the Preliminary Plan, a fully executed wildlife agreement between the Applicant and the Colorado Division of Wildlife which is in substantial conformance with the "Amended Beaver Creek Master Plan, Wildlife Mitigation Plan" dated February 9, 1994. 2. The PUD Guide and design guidelines must include wildfire mitigation guidelines which are sensitive to potential visual impacts. 3. Alternate transit modes (gondola link or other means of transportation to Avon) must be evaluated as part of the Preliminary Plan application. 4. All applicants applying for a building permit for dwelling unit construction within the Beaver Creek PUD after October 1, 1994 shall comply with the Eagle County woodburning regulations in effect at the time of building permit application. Until October 1, 1994, the current Beaver Creek woodburning regulation shall apply. 5. The PUD control document must refer to recommended standards for building construction which are consistent with the intent of the Eagle County Energy and Natural Resource Conservation Building Awards and water conservation standards. Approval of File Number PD- 100- 93 -P2, Strawberry Park with the following conditions: 1. The Applicant shall submit to Eagle County for approval as part of its first Final Plat for Strawberry Park, a fully executed wildlife agreement between the Applicant and the Colorado Division of Wildlife which is in substantial conformance with the "Amended Beaver Creek Master Plan, Wildlife Mitigation Plan" dated February 9, 1994. The wildlife agreement shall be recorded with the first Final Plat within Strawberry Park and a plat note shall refer to the agreement. 2. The PUD Guide and design guidelines must include wildfire mitigation guidelines which are sensitive to potential visual impacts. 3. All applicants for a building permit for dwelling unit construction within the Beaver Creek PUD after October 1, 1994 shall comply with the Eagle County woodburning regulations in effect at the time of building permit application. Until October 1, 1994, the current Beaver Creek woodburning regulation shall apply. 10 4. The PUD Gu. ,= must refer to recommends ,;standards for building construction which are consistent with the intent of the Eagle County Energy and Natural Resource Conservation Building Awards and water conservation standards. 5. The water and sewer line alignment will be further reviewed at Final Plat and must be located to avoid, to the extent practical, sensitive environmental areas, such as, wetlands, riparian corridors and critical wildlife areas. 6. The water tanks shall be as unobtrusive as possible. The tank shall be constructed of neutral colors and must be landscaped or buried. Compliance with this condition shall be illustrated as part of the building permit application for the water tank. 7. The applicant shall submit evidence, as part of its first Final Plat application for Strawberry Park, that the developer /applicant has obtained a Section 404 Permit for impacts to wetlands, if required. 8. Prior to approval of a Final Plat, the geologic stability for Strawberry Park shall be further evaluated by the applicants geologic consultant and submitted to Eagle County for possible review by the Colorado Geologic Survey. Approval of File Number PD- 100- 93 -A1, Tract B with the following conditions: 1. The applicant is encouraged to maintain at least 60 on -site employee housing units and if any of the existing 60 on site units are eliminated and results in a deficit from the number of employee housing units otherwise required, that deficit will be made up within 24 months. Approval of File Number PD- 100- 93 -A2, Tract M, Lot 2 Approval of File Number PD- 100- 93 -A3., Tract N, Lot 7 Approval of File Numbers PD- 100 -93 -A4 and PD- 100- 93 -A5, Tracts O & P, with the following condition: a. Prior to issuance of the first building permit on Tracts O or P, Applicant or its successors shall submit to Eagle County a commitment to construct a trail or widened shoulder across Tracts O & P. The trail shall be consistent with the Eagle County Trails Plan or the applicable Town of Avon Plan. Approval of File Numbers PD- 100- 93 -A6, Tract Q, with the following condition: a. The Applicant must submit a parking plan for Eagle County approval prior to redevelopment of the existing parking lots. 001 Approval of File Numl ) PD- 100- 93 -A7, Tract R. In connection with the approval of File Number PD- 100- 93 -A7, Tract R, The Board authorizes Applicant to amend the Supplemental Declaration of Land Use Restrictions pertaining to Tract R, recorded in Book 459 at Page 139 of the Eagle County records in a manner not inconsistent with this Approval. Approval of File Number PD- 100- 93 -A8, Beaver Creek PUD Guide, see attached Exhibit A, Amended and Restated PUD Guide to the Beaver Creek Planned Unit Development. The Board finds, determines, and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Count of Eagle, Statp Colorado, at its regular meeting held the day of '/ ! 1994, nunc pro tunc to the 1st day of March, 1994. c By: '- / Sara J. Fisher Clerk of the Board of the Board of County Commissioners Commission foregoing Resolution follows: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY CO SION RS By : 7nnette Phillips, Chair erson B v y; Georg A. Gates, Commissioner i By: DD r James E, Johnson, Jr., Commissioner lv / seconded adoption of the The Poll having been called, the vote was as Commissioner Johnnette Phillips Commissioner George A. Gates Commissioner James E. Johnson, Jr. L a� r a This Resolution passed by c>C vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 12 a r 8 } f AMENDED AND RESTATED GUIDE TO THE BEAVER CREEK PLANNED UNIT DEVELOPMENT Dated March 29, 1994 55837.6 Tht 031WN 5:31 pm TABLE OF CONTENTS I. II. III. PURPOSE . . . . . . . . . . . . . . . . . . . . . . DEFINITIONS . . . . . . . . . . . . . . . . . . . . ASSIGNMENT OF DWELLING UNITS AND COMMERCIAL SPACE . . 1 . 1 . 6 IV. LAND USE DESIGNATIONS . . . . . . . . . . . . . . . . 7 V. SPECIAL USE PERMIT . . . . . . . . . . . . . . . . . . 14 VI. ASSIGNED LAND USE DESIGNATIONS . . . . . . . . . . . . 15 VII. FIREPLACE REGULATIONS WILDFIRE MITIGATION GUIDELINES AND ENERGY AND WATER CONSERVATION STANDARDS . . . . . . . . . . . . . . . . . . . . 18 VIII. TIMESHARE REGULATIONS . . . . . . . . . . . . . . . . 19 IX. RECORDATION . . . . . . . . . . . . . . . . . . . . . 22 X. AMENDMENTS TO THE BEAVER CREEK PUD . . . . . . . . . . 22 XI. MINOR MODIFICATIONS . . . . . . . . . . . . . . . . . 23 XII. BUILDING ENVELOPE AMENDMENTS . . . ..... . . . . . . . 24 XIII. OTHER PROVISIONS . . . . . . . . . . . . . . . . . . . 25 55637.6 T7R MUM 5:31 pm i f AMENDED AND RESTATED GUIDE TO THE BEAVER CREEK PLANNED UNIT DEVELOPMENT I. PURPOSE On May 1, 1978, the Eagle County Board of County Commissioners (the "Eagle County Commissioners ") authorized the Beaver Creek Planned Unit Development (the "Beaver Creek PUD as defined below, pursuant to the Eagle County Land Use Regulations then in effect and pursuant to the Planned Unit Development Act of 1972, C.R.S., 1973 (the "Planned Unit Development Act "). On August 20, 1983, the Eagle County Commissioners approved the Guide to the Beaver Creek PUD by Resolution 83 -60 which Guide compiled and incorporated into one comprehensive document the Beaver Creek PUD and various amendments and revisions thereto. An Amended and Restated version thereof, dated July 26, 1988, was duly approved and recorded in the real property records of Eagle County, Colorado. This Amended and Restated Guide to the Beaver Creek PUD (the "Guide ") amends and restates, in its entirety, and supersedes the previously approved Guide to the Beaver Creek PUD. The purpose of this Guide is (i) to reiterate and clarify the standards, restrictions and regulations which govern development and land use within the Beaver Creek PUD, and (ii) to incorporate into this Guide amendments to the Beaver Creek PUD approved by the Eagle County.Commissioners. The Beaver Creek PUD authorizes a total of 3,161 Dwelling Units and 380,000 square feet of Commercial Space on a 2,126 acre parcel of land in Eagle County, Colorado. Development within the Beaver Creek PUD is administered by the Eagle County Department of Community Development based on provisions contained within this Guide. Building construction within the Beaver Creek PUD is governed by the Eagle County Building Resolution as amended from time to time. II. A. Beaver Creek PUD The Beaver Creek PUD is a zone district authorized by the Eagle County Commissioners on May 1, 1978 pursuant to the Planned Unit Development Act according to the terms and conditions of the Master Plan Revision to the Beaver Creek Planned Unit Development dated February 1, 1978, as amended from time to time, and contains all the property described in Exhibit A, as amended from time to time. B. Buildings Envelope Building envelope specifies the boundaries within which improvements may be constructed on a particular property, as designated on a recorded subdivision plat 55937.6 TIR 03(24194 5:34 pm 1 for property within the Residential Low Density Land Use Designation. C. Building Height Building height is determined as follows: a vertical distance will be taken at a series of points at equal intervals around the perimeter of the building. The intervals may be of any equal distances less than 30 feet each. Within each interval, the height of any roof with a horizontal projection of 10 feet of greater will be measured from finished grade to the respective mid -point between eaves and ridge. These heights are then averaged to determine the height for that specific interval of the building. Finally, the height of the building is determined by averaging the heights of all intervals around the building. Finished grade for purposes of these height calculations is the final elevation of the surface material (soil, paving, decking, or plaza) adjacent to the building at the specific interval point as-shown on the architect's site plan. (Example attached as Exhibit B). D. Commercial Space Commercial space is any area which may be used, rented or leased for the purpose of generating retail business or consumer services with the intent of producing a financial profit. Commercial Space is measured from the inside of finished walls and shall include offices and storage spaces contiguous with the primary area but does not include auxiliary storage in remote areas. 1. Except as specifically provided below, Commercial Space includes, but is not limited to: a. business and professional offices; b. retail specialty and gift shops; C. restaurants; d. banks; e. barber and beauty shops; f. laundromat /dry cleaning; g. shoe repair; h. automobile repair and services; i. tavern j. cinema; k. clothing stores; 1. department stores; M. beverage stores; n. furniture stores; o. hardware stores; P. food stores; q. real estate sales offices; r. ski rental and sales stores; and S. skier cafeteria. 55837.6 TJR Ol?M 5:34 pm 2 2. The following uses will not be considered Commercial Space: a. all residential and lodging facilities (except for areas used specifically as enumerated under Subparagraph 1 above) including, but not limited to: (1) employee housing; (2) condominiums; (3) hotels; (4) lodges; (5) duplex residences; (6) primary /secondary residences; (7) single family residences; and (8) townhouse residences. b. meeting rooms; C. banquet rooms; d. educational classrooms; e. cultural facilities including, but not limited to: (1) churches; (2) museums; and (3) performance theaters made available for live performances of artistic merit. f. recreational facilities or athletic facilities including, but not limited to: (1) health spas; (2) swimming pools; (3) sports courts; (4) equestrian facilities and horse operations (5) golf club maintenance and operations facilities; and (6) tennis maintenance facilities and locker rooms. g. resort services (any area used for operation of the Beaver Creek Resort) including, but not limited to: (1) operations staff and resort management offices; (2) ski school; (3) ski patrol; (4) lift operations;. 55837.6 TJR 03/1494 5:U pm 3 (5) lift maintenance; (6) child care centers; (7) resort marketing /central reservations; (8) personnel; (9) property management functions including, but not limited to: (a) bus maintenance; and (b) building maintenance. (10) ticket operations; (11) snowmaking facilities; and (12) firehouse and security operations. E. Dwelling Unit (i) One or more rooms occupied by one family or group of people living independently from any other family or group of people and having not more than one indoor cooking facility or (ii) an aggregate of hotel or lodge rooms as provided below: A hotel or lodge room is a room within a hotel or lodge used primarily as a bedroom for transient lodging. A hotel or lodge room may include a bathroom, closet and balcony. Three hotel or lodge rooms will be counted as one Dwelling Unit as long as (i) none of such rooms contain more than 600 square feet of interior space, and (ii) no more than one indoor cooking facility is included within the three hotel or lodge rooms being counted as one dwelling unit. Any hotel or lodge room containing more than 600 square feet of interior space shall be counted as one dwelling unit. In the computation of total Dwelling Units for a given hotel or lodge project, any fractional value shall be rounded to the next highest integer. The following terms shall expand and clarify the definition of Dwelling Unit. 1. Primary /Secondary Structure A primary/ secondary structure consists of two Dwelling Units within a single fee simple estate: one primary unit and one secondary unit. The secondary unit can be no more than 25 of the Gross Residential Floor Area of the Primary /Secondary Structure, must be integral with the architecture of the primary unit, and cannot be subdivided or separately conveyed or transferred in ownership. 2. Duplex Structure A duplex is considered to be one multi - family project consisting of two residences within an architecturally integrated structure. If the property is resubdivided each of the units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. For purposes of Dwelling Unit definition, each residence counts as a Dwelling Unit, thereby counting as two Dwelling Units per structure. 55617.6 TJR OVUM 5:34 pm 4 3. Condominium A condominium is defined as any group of rooms created as a fee simple estate in a defined air space within a multi -unit property. For purposes of Dwelling Unit definition, only condominiums which are considered residential condominium units shall be counted as Dwelling Units. The residential condominium will not have more than one kitchen and all rooms will be interconnected through doors or foyers. Within a residential condominium, any bedrooms that connect by doorways directly into the living room, dining room, kitchen or entry foyer are considered part of a. single Dwelling Unit. These rooms may "lock -off" from the remainder of the suite with direct access to a corridor or outside entry but would still be considered part of the residential condominium Dwelling Unit provided that the condominium will have not more than two lock -offs and one kitchen per Dwelling Unit. For the purposes of this document, two lock -offs will mean that the Dwelling Unit may be divisible into not more than three separately occupiable rooms or suites whether including the kitchen or not. (Example attached as Exhibit C.) F. Floor Area Floor Area means the sum of the gross horizontal areas of all floors of a building measured from the outside of all exterior walls, including penthouse, lofts, stairways, fireplaces, halls, useable and habitable attic space, and not including basements or areas designed for parking or loading within the building. G. Parking Spaces Twenty percent of the structured parking spaces in the Beaver Creek PUD may be sized for compact cars within a minimum space dimension of 8' X 17 The remaining 800 of the spaces is required to be not less than 9' X 18 This requirement applies to structured parking only, and all exterior parking spaces will not be less than 10' X 20 H. Timesharing 1. the terms "interval estate ", "timeshare estate ", and "time -span estate" will each have, the meaning set forth in § 38 -33 -110, C.R.S., 1973, as amended as of July 7, 1983, attached as Exhibit D. 2. "Organizational timesharing interest" will mean any arrangement by, through or under which the owners of stock in any corporation, the members of any nonprofit corporation, the partners in general or limited partnership, or the joint venturers in any joint venture shall arrange by means, formal or informal, to share the right to use real property on a regular basis; however, "organizational timesharing interest" will not include any arrangement involving a corporation, partnership or joint venture when there are twelve or fewer shareholders, members, partners or joint venturers. For purposes of this Article II.H.2, husbands and wives will be counted as one shareholder, member, partner or joint venturer. 55977.6 T1R 03114/96 5:34 pm 5 3. "Vacation License" shall mean any other arrangement, formal or informal, under which thirteen or more persons or entities share the right to use real property on a regular basis. 4. "Interval ownership interest" will include any timeshare unit, any organizational timeshare interest, any vacation license, or any similar plan or arrangement. III. ASSIGNMENT OF DWELLING UNITS AND COMMERCIAL SPACE A. Transfer of Dwelling Units and Commercial Space Initially, Dwelling Units and Commercial Space were assigned to property within the Beaver Creek PUD by the Land Use Summary (P4) of the Master Plan Revision of the Beaver Creek PUD dated February 1, 1978. However, transfer of such Dwelling Units and Commercial Space between property is permitted without requiring an Amendment to the Beaver Creek PUD as set forth below: The Dwelling Unit Report as defined below functions as the mechanism to transfer Dwelling Units and Commercial Space between property prior to allocation by Vail Associates, Inc.; its successors and assigns ( "VAI"). Any transfer of Dwelling Units or Commercial Space must be approved in writing by the Eagle County Zoning Administrator. B. Allocation of Dwelling Units and Commercial Space 1. If VAI conveys or transfers property to a second party, a deed or lease is the mechanism by which the allocation is accomplished. Such deed or lease specifies the number of Dwelling Units and amount of Commercial Space allocated to the property. Such allocation may not be changed except as provided in Subparagraph 2. below. 2. If VAI retains ownership and develops a property, or if VAI agrees to change the number of Dwelling Units or an amount of Commercial Space previously allocated to a property, an Allocation Of Dwelling Units and /or Commercial Space Document ( "Allocation Document ") is the mechanism by which the allocation is accomplished. Such Allocation Document must specify the number of Dwelling Units and amount of Commercial Space allocated to the property and must be signed by VAI as grantor and by grantee if such a party is other than VAI. C. Dwelling Unit and Commercial Space Report The Dwelling Unit and Commercial Space Report (the "Dwelling Unit Report ") is a detailed statement of the number of Dwelling Units and amount of Commercial Space then currently assigned to property whether by initial assignment, by transfer or by allocation by a deed, lease, or Allocation Document, all as set forth above. The Dwelling Unit Report is submitted annually by VAI to the Eagle County Zoning Administrator and must be approved in writing. 55877.6 TJR 03/24/94 5:34 pm 6 � D. Other Any transfer or allocation of Dwelling Units and Commercial Space within the Beaver Creek PUD must: 1. Only be made by VAI; 2. Be consistent with the land use designation of the property involved; and 3. Maintain the overall ceiling of 3,161 Dwelling Units and 380,000 square feet of Commercial Space approved for the Beaver Creek PUD by the Eagle County Commissioners. IV. LAND USE DESIGNATIONS Land use designations within the Beaver Creek PUD are as follows: Cam] RC - Resort Commercial 1. Purpose To provide accommodations, residences, Commercial Space, convention facilities, resort operations facilities, recreational and athletic amenities and facilities and parking consistent with the needs of a year -round resort village. 2. Uses by Right a. Hotel and lodge rooms. b. Apartment accommodations; condominiums; and single family, primary /secondary, duplex and townhouse structures. C. Commercial Space. d. Timesharing: See Article VIII hereof. e. Recreation amenities and facilities consistent with the needs of a year -round resort including, but not limited to, alpine and Nordic skiing, tennis, swimming pools, sports courts, picnics and ice skating. f. Resort operations space and facilities necessary for the support of the resort function including, but not limited to; convention space, meeting rooms, cultural facilities, receiving and delivery 55937.6 TIR MOW 5:34 pm 7 space, and recreation administration. Set Back No minimum except must be sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations, and flood plain of live streams. Maximum Building Height 55 feet, except for non - habitable architectural features such as chimneys, towers and steeples as authorized by the Eagle County Zoning Administrator pursuant to Article XI hereof. Parking Requirements: Hotel and Lodges 0.5 spaces per hotel or lodge room Condominiums 1.0 space per unit Commercial Space 1.0 space per 1,000 sq. ft. Restaurants 1.0 space per 10 seats Each specific parking requirement set forth above for any given project will carry any fractional value to the computation of the total parking requirement. Any fractional value in the total parking requirement for any given project will be rounded to the next highest integer. Parking will be provided on -site or on another site with the same land use designation if approved by the owner of the other site. ON RCI - Resort Commercial I 1. Purpose To provide a flexible zone allowing for transition from Resort Services uses to Resort Commercial uses as the Resort matures. 2. Uses by Right All of those uses permitted as "Uses by Right" in the RC (Resort Commercial) and RS (Resort Services) Land Use Designations. 3. Setback No minimum except must be. sufficient to accommodate utilities, existing easements, drainage, access, fire 55837.6 TIR M12V94 5:34 pm code regulations and flood plain of live streams. 4. Maximum Building Height 45 feet, except for non - habitable architectural features such as chimneys, towers and steeples as authorized by the Eagle County Zoning Administrator pursuant to Article XI hereof. 5. Parking Requirements Hotel and Lodges 0.5 spaces per hotel or lodge room Condominiums 1.0 space per unit Commercial Space 1.0 space per 1,000 sq. ft. Restaurants 1.0 space per 10 seats Resort Services Uses: Parking sufficient to meet the needs of the uses and in accordance with the then current Eagle County Land Use Regulations. Each specific parking requirement set forth above for any given project will carry any fractional value to the computation of the total parking requirement. Any fractional value in the total parking requirement for any given project will be rounded to the next highest integer. Parking will be provided on -site or on another site with the same Land Use Designation if approved by the owner of the other site. 3 C {Intentionally deleted as part of the amendments incorporated into this Guide} RMD - Residential Medium Density 1. Purpose To provide residential development of medium density neighborhoods. 2. Uses by Right Townhouses, condominiums, single family, primary/ secondary and duplex structures not to exceed 12 Dwelling Units per acre. Set Back No minimum except must be .sufficient to accommodate utilities, existing easements, drainage, access, fire 55977.6 TJR 03R M 5:34 pm 9 code regulations, and flood plain of live streams. Maximum Building Height 35 feet. Parking One -half parking space per Dwelling Unit plus one -tenth of a space per 100 square feet of Floor Area. Maximum of two spaces per Dwelling Unit. D. RLD - Residential Low Density Purpose To provide residential development of low density neighborhoods. Uses by Right Single family, primary/ secondary and duplex structures not to exceed six Dwelling Units per acre, and ski lifts to the extent located in a duly granted or created ski lift corridor easement. Within Upper Bachelor Gulch only, in addition to the uses listed in the previous sentence, cluster homes /townhomes. Set Back All building improvements must be contained within the Building Envelopes as shown on the final plats and respect existing easements. However, minor encroachments outside the Building Envelopes may be allowed pursuant to Article XI hereof. 4. Maximum Building Height 35 feet, except for the following lots which shall have a building height limitation_ restricted to 25' (calculated as herein defined) : Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28 and 29, Block 1, Tract J. Parking Each residence shall provide a minimum of two on -site parking spaces per Dwelling Unit except for building improvements containing more than 3,000 square feet of Floor Area for which one on -site parking space per bedroom is required. Such parking requirements may be provided by "stacking ". For purposes of this 55837.6 T3R 032 M 5:31 pm 10 document, "stacking" means the parking of a car behind any other car as long as there is sufficient space on -site. E. RS - Resort Services Purpose To provide support functions and facilities for resort operations and recreational activities and facilities consistent with the needs of a year -round resort. 2. Uses by Right a. Resort Operations space and facilities including, but not limited to, parking, vehicle maintenance, building and grounds maintenance, offices, warehousing, central kitchen facilities, guest reception and reservations, residential units for caretaker or employee of the facility, transportation terminal and firehouse and security operations. b. Recreation amenities and facilities consistent with the needs of a year -round resort including, but not limited to alpine and Nordic skiing, tennis, swimming pools, sports courts, picnics and ice skating. Set Back No minimum sufficient except to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Maximum Building Height 35 feet, except for non - habitable architectural features, such as chimneys, towers and steeples as authorized by the Eagle County Zoning Administrator pursuant to Article XI hereof. 5. Parking Resort Services property will provide parking sufficient to meet the needs of its uses and in accordance with the then current Eagle County Land Use Regulations. F. OSR - Open Space Recreation 55937.6 T1R 0324N4 5:71 pm 11 Purpose To promote, foster and develop scenic and recreation activities of the natural environment and to provide for recreation. administration. Uses by Riciht For use purposes, the Open Space Recreation district will be divided into two categories, one being referred to simply as Open Space Recreation (or "OSR") and the second being referred to as Open Space Recreation - Greenbelt (or "OSR- Greenbelt "). a. Uses by right in Open Space Recreation (OSR): (1) All recreational activities and facilities compatible with the valley's environment and consistent with the needs of a year -round mountain resort, including but not limited to, activities and facilities associated with alpine and Nordic recreational and competitive skiing, equestrian operations, sports courts, swimming, ice skating, bicycling, fishing, bob sledding, snow shoeing, children's playgrounds, hiking, golf, special events, outdoor entertainment, utility installations and lines; roadways and bridges; mobile food service, mountain recreation lodging facilities as shown in an approved P.U.D. plan, mountain restaurants and picnic decks as shown in an approved P.U.D. plan, and private club /restaurant facilities as shown in an approved P.U.D. plan or provided that the same (i) be within the area as depicted on Exhibit E or (ii) shall be at least 250 feet from any boundary of platted property and contain a Floor Area of less than 2000 square feet or (iii) shall be at least 1000 feet from any boundary of platted property. Any existing restaurant as of the date hereof is not required to conform to the provisions of this, Article IV. F.2.a.(1) 55837.6 TJR 03n4M 5:34 pm 12 (2) Resort operations space and facilities owned or operated by the owner or operator of Beaver Creek Resort necessary for the support and operation of a year -round resort including, but not limited to, support staff for resort operations (facilities not to exceed 25,000 square feet in the aggregate), information centers, ski school, ski patrol, ski lockers and storage, lift operations and maintenance, ticket operations, snowmaking facilities, and security operations. b. Uses by right in Open Space R e c r e a t i o n- G r e e n b e l t (OSR- Greenbelt) : Pedestrian, hiking, equestrian and biking paths and trails; ski trails, ski -ways, snow - cat and similar vehicle access -ways; skier platforms; snowmaking facilities and equipment; picnic tables and decks; utility installations and lines; roadways and bridges; and, additional uses similar to those listed above in this Article IV.F.2.b. Special uses shall not be permitted in OSR- Greenbelt. 3. Special Uses The following special uses are permitted subject to the provisions set forth in Article V hereof. a. Facilities owned or operated by the owner or operator of Beaver Creek Resort relating to meeting rooms, educational classrooms, health spas, retail sales of items for mountain recreation, cultural facilities (including but not limited to churches, museums and performance theaters made available for live performances of artistic .merit) , receiving and delivery space operations, child care centers, resort marketing /central reservations,, personnel, and property management functions (including but not limited to* bus maintenance and building maintenance). 55837.6 TIP. 03n4M 531 pm 13 J b. Each mountain recreation lodging facility which meets the following criteria: (1) Be developed in concert with mountain recreation experiences. (2) Be at least 2500 feet from the nearest boundary of any platted property within the Beaver Creek PUD. (3) Have a Floor Area not to exceed 10,000 square feet. (4) Be physically separated from and visually unobtrusive to other mountain recreation lodging facilities. (5) Be integrated into the natural environment. (6) Be owned by the owner or operator of Beaver Creek Resort. Set Back No minimum except must be sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Set back applies to building structures only. Maximum Building Heictht 35 feet. Parking Open Space Recreation property will provide parking sufficient to meet the needs of its uses and in accordance with the then current Eagle County Land Use Regulations. V. SPECIAL USE PERMIT The purpose of a Special Use Permit is to allow certain permitted uses in addition to Uses By Right in a given land use designation. A Special Use Permit may be authorized by the Eagle County Commissioners without requiring an amendment to the Beaver Creek PUD pursuant to the provisions of this Article. A Special Use Permit requires submission of an application therefor to the Eagle County Commissioners followed by two public hearings (one before the Eagle County Planning Commission and one before the Eagle County Commissioners) notice of which (i) has been placed in a newspaper of general circulation in Eagle County, Colorado, at least 10 days prior to the Planning Commission meeting and at least 30 days prior to the Eagle County Commissioners' meeting, and (ii) has been sent by first class mail, at least 15 days prior to the hearing before the Planning Commission, to (a) each owner of property, any boundary of which is within 500 feet of any boundary of the proposed Special Use Permit site and (b) any entity or person who is a then current property owner within the Beaver Creek 55937.6 TJR 0324M 531 pm 14 PUD who has previously filed with the Eagle County Department of Community Development a request to receive notice of any Special Use Permit application. Such notices shall state the location and general nature of the Special Use Permit and the dates of both the Planning Commission and Eagle County Commissioners hearings. Such Special Use Permit shall be reviewed by the Eagle County Commissioners and will be approved if the Eagle County Commissioners find that: a. The proposed use is not materially inconsistent with other existing uses in the area. b. There is no potential material adverse effect of the proposed use on the character of the adjacent neighborhood or the Beaver Creek Resort. C., Access to and from the site of the proposed use is adequate. d. water and sanitation service proposed use is adequate. e. The physical arrangement improvements on the site of appropriate. for the site of the of the proposed the proposed use is Any decision by the Eagle County Commissioners relating to a Special Use Permit may be appealed in writing within 30 days of such decision. At such time as a Special Use Permit is approved, the Special Use Site will be classified SU immediately following its land use designation (e.g. OSR /SU). VI. ASSIGNED LAND USE DESIGNATIONS The following list identifies properties, both platted and unplatted, included in the Beaver Creek PUD and their respective land use designations. Land use designations for all platted property must be included on the face of all plat maps recorded for property within the Beaver Creek PUD. Tract Land Use Designation A RC, except Lots 2, 7, 11, 15, 22, and 24 of Block 1; Lots 9 and 12 of Block 2; and Lot 5 of Block 4 which are designated RC /OSR; and Lot 17 and 17A of Block 2 which are designated RMD. B RC, subject to the following condition: a. Residential density not to exceed 300 dwelling units C RMD D RMD E RC F RLD G RC, except Lot 5 which is designated OSR 55837.6 TJR 03 TA 5:31 pm 15