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HomeMy WebLinkAboutR94-137 Beaver Creek PUD55877.6 TIR ffl U/% 5:11 pm 16 H RLD, except Lots 13 and 14 of Block 1, Lot 5 of Block 3; and Lot 18 of Block 4 which are designated OSR I RLD, except Lot 26 which is designated Golf Facilities Easement and Lots 7, 18 and 19 of Block 2 which are designated OSR J RLD, except Lot 31 of Block 1 and Lots 45 and 46 of Block 2 which are designated OSR K RLD L RLD, except Lot 17 which is designated Open Space, Equestrian and Ski Uses M RS on Lot 1, RCI on Lot 2 subject to the following conditions for Lot 2: a. Residential density not to exceed 37 dwelling units b. When converted from Resort Services /Operations to Residential, no more than 8,500 square feet of mountain support services shall be constructed upon the lot C. Building height for residential: not to exceed 35' d. Buildings shall be set back at least 25' from the high water mark of Beaver Creek e. A fence delineating the limits of construction along the western boundary of Tract M shall be erected prior to initiating construction in order to protect the adjacent open space parcel which includes the Beaver Creek corridor. In addition, erosion control measures necessary to control run -off from Tract M during construction shall be implemented N RS, except Lot 1 which is designated RC, Lot 6 which is designated RC /SU, and Lot 2 which is designated OSR and Lot 7 which is designated RCI with the following conditions: a. Building height: not to exceed 45' b. The combined residential density constructed on Lot 7, Tract N, Tract P and Tract Q shall not exceed 300 dwelling units in the aggregate 0 OSR with the following conditions: a. Buildings will be set back at least 50' from the high water mark of the Eagle River (with the exception of the current snowmaking facilities on Tract 0 or any expansion . or 55877.6 TIR ffl U/% 5:11 pm 16 The purpose of this review is to ensure that the overall plan is generally consistent with the guidelines and recommendations for "Subarea 10" of the Town of Avon Comprehensive Plan dated March 29, 1990 Q RCI with the following conditions: a. The combined residential density constructed on Lot 7, Tract N, Tract P and Tract Q shall not exceed 300 dwelling units in the aggregate b. Building height: not to exceed 45' R RC with the following conditions: a. Residential density not to exceed 18 dwelling units b. Building height: not to exceed 35' S OSR and OSR- Greenbelt according to the map attached as Exhibit F, except for Trappers Lodge, an unplatted 2.5 acre parcel, which is designated RC with conditions. Tract S includes a platted 144 acre parcel of land which comprises the Beaver Creek Golf Course and all of the unplatted land within the Beaver Creek PUD which is not assigned to another tract. 55837.6 T5R ffl I l 5:M pm 17 replacement thereof or additions thereto) b. Building height: not to exceed 45' P RCI with the following conditions: a. The combined residential density constructed on Lot 1, Tract N, Tract P and Tract Q shall not exceed 300 dwelling units in the aggregate b. Buildings will be set back at least 50' from the high water mark of the Eagle River and at least 10' from the Highway 6 Right -of -Way C. Building height: not to exceed 45' d. Prior to the issuance of the first building permit for any buildings upon Tract P, VAI or its successors shall submit to Eagle County the following information for review and approval by the Director of Community Development: (1) An overall site plan for the parcel (2) A schematic landscape plan (3) Schematic building elevations The purpose of this review is to ensure that the overall plan is generally consistent with the guidelines and recommendations for "Subarea 10" of the Town of Avon Comprehensive Plan dated March 29, 1990 Q RCI with the following conditions: a. The combined residential density constructed on Lot 7, Tract N, Tract P and Tract Q shall not exceed 300 dwelling units in the aggregate b. Building height: not to exceed 45' R RC with the following conditions: a. Residential density not to exceed 18 dwelling units b. Building height: not to exceed 35' S OSR and OSR- Greenbelt according to the map attached as Exhibit F, except for Trappers Lodge, an unplatted 2.5 acre parcel, which is designated RC with conditions. Tract S includes a platted 144 acre parcel of land which comprises the Beaver Creek Golf Course and all of the unplatted land within the Beaver Creek PUD which is not assigned to another tract. 55837.6 T5R ffl I l 5:M pm 17 T RC U RC Strawberry Park Lots 1 -31: RLD with the following condition: a. Each lot shall be allowed one single family or one single family primary /secondary dwelling Chair 14 Site OSR Upper Bachelor Gulch RLD with the following condition: a. Residential density shall not exceed 50 single family primary /secondary dwellings and a maximum of 25 cluster homes /townhomes VII. FIREPLACE REGULATIONS WILDFIRE MITIGATION GUIDELINES AND ENERGY AND WATER CONSERVATION STANDARDS A. Fireplace Regulation 1. Current Regulation The current Beaver Creek fireplace regulation as of the date of this Guide is as follows: a. Wood burning fireplaces within the Beaver Creek PUD are limited to (i) one per Dwelling Unit and (ii) one per restaurant. At the election of a developer of commercial property, the allowable wood burning fireplace in a restaurant may be located in a lobby instead of a restaurant. Each wood burning fireplace will be equipped with a heat sensing monitor and a "no burning" light, the activation of which indicates that any existing fire in a fireplace is not to be refueled and no fire is to be lighted during the time that the indicator light is activated. Technical data relating to these and other construction requirements for wood burning fireplaces is available from the Beaver Creek Resort Company of Colorado. b. In a primary/ secondary structure which contains two Dwelling Units, two wood burning fireplaces are permitted. The wood burning fireplaces may be distributed one each to the primary and secondary units or both may be allocated to one unit. C. An unlimited number of gas fireplaces may replace each wood burning fireplace permitted provided that they are constructed specifically as gas fireplaces, contain flues and vents suitable only and specifically for gas fireplaces, do not allow conversion to wood burning fireplaces and comply with all federal, state and local laws and regulatory requirements pertaining to gas fireplaces. Technical data relating to construction requirements for gas fireplaces is available from the offices of the Beaver Creek Resort Company of Colorado. No gas fireplace may be constructed in the same Dwelling Unit or restaurant (or lobby) containing a wood burning fireplace. 55837.6 T3R 0324194 5:34 pm 18 2. Recrulation after October 1, 1994 The current Beaver Creek PUD fireplace regulation is less restrictive than the Eagle County wood burning regulations. . In order to bring the Beaver Creek PUD into compliance with the current Eagle County regulations and to allow for a transition period, all Dwelling Units within the Beaver Creek PUD applying for a building permit for Dwelling Unit construction after October 1, 1994 shall comply with. the Eagle County wood burning regulation in effect at the time of building permit. Until October 1, 1994 the current Beaver Creek fireplace regulation shall apply. B. Wildfire Miticration Guidelines On or before the date on which a final plat is submitted to Eagle County for either Strawberry Park or Upper Bachelor Gulch, the applicant for each such final plat shall submit to Eagle County design guidelines for wildfire mitigation with respect to the construction of Dwelling Units in either Strawberry Park or Upper Bachelor Gulch, as the case may be. Such guidelines shall be sensitive to potential visual impacts. C. Conservation Guidelines on or before the date on which a final plat is submitted to Eagle County for either Strawberry Park or Upper Bachelor Gulch, the applicant for each such final plat shall submit to Eagle County recommended design guidelines for energy and water conservation with respect to the construction of Dwelling Units in Strawberry Park or Upper Bachelor Gulch, as the case may be. The recommended design guidelines shall be consistent with the intent of the Eagle County Energy and Natural Resource Conservation Building Award and water conservation standards. VIII. TIMESHARE REGULATIONS A. Limitation on Interval Ownership Sales No interval ownership interest involving real property within the Beaver Creek PUD may be sold unless such interval ownership interest has been approved by the Eagle County Commissioners as set forth in Article VIII hereof. B. Resort Commercial Land Use Designations Time -span estates, interval estates, and organizational ownership interest are allowed within the Resort Commercial and Resort Commercial I Land Use Designations of the Beaver Creek PUD. C. Residential Low Density and Residential Medium Density Land Use Designations No interval ownership interests are allowed within the Residential Low Density and Residential Medium Density Land Use Designations of the Beaver Creek PUD; however, corporations, partnerships, or joint ventures having twelve or fewer stockholders, members, partners or joint venturers may have arrangements providing for the sharing of the right to use real property on a regular basis. 55817.6 TJR 03NM 5:31 pm 19 D. Vacation Licenses Prohibited Notwithstanding any other provision hereof, vacation licenses are prohibited within the Beaver Creek PUD. E. Eagle County Commissioners Review 1. Prior to the sale of any interval ownership interest involving real property in the Beaver Creek PUD, the owner of the property on which such interval ownership interest is located shall submit to the Eagle County Commissioners, and the Eagle County Commissioners shall have approved, the following: a.- Disclosure Statement A disclosure statement which is to be given to each purchaser of an interval ownership interest at least three days prior to his purchase thereof. The disclosure statement shall set forth: (1) A full description of the interval ownership interest being offered for sale; (2) The owners reasonable estimate of the dues, maintenance fees, real property taxes, sales taxes, real estate transfer taxes, and similar periodic expenses of owning such interest, and the method by which such costs will be apportioned; (3) A description of all• recreational amenities which the purchaser will be entitled to use by virtue of his ownership of an interval ownership estate, and the date by which such amenities will be available; if amenities will not be available upon purchase of the interval ownership interest, describe whether funds are presently available for construction of the amenities and the source of such funds; (4) A description of the parking available to the owner of an interval ownership interest, and the manner in which such parking spaces will be allocated and controlled; .(5) The extent to which the interval ownership interest may become subject to or affected by a tax or other lien arising out of claims against other interval ownership interests in the same interval ownership plan; (6) A statement of the minimum number of interval ownership interests it intends to sell before it will proceed with the completion of the interval ownership project, if any such limitation is contemplated; (7) A summary of how the interval ownership interest will be managed, who will initially manage it, and how the manager may.be changed; (8) A statement as to whether all of the Dwelling Units within the project are being offered as interval ownership interests; and if not, an accurate statement identifying 55837.6 T/R 03? M 5:3{ pm 20 } the interests which will not be offered as interval ownership interests and any likely material consequences thereof. The Eagle County Commissioners may disapprove the disclosure statement if, in its reasonable judgement, it is insufficient in any material respect or is inconsistent with the general health, safety and welfare of persons within Eagle County, Colorado. b. Marketing Plans A description of the marketing plans by which the interval ownership interests will be offered to the public. The marketing plan shall include: (1) Information as to whether the interval ownership interests will be offered for sale by licensed real estate brokers and salespersons and /or licensed securities salespersons and, if so, the identity of the initially licensed broker or dealer; (2) Information as to whether gifts, travel allowances, meals, drinks, entertainment or other inducements will (may) be offered to prospective buyers; (3) Information as to the location of any on -site sales office (if any) and if so, the impact on parking and vehicular access. The Eagle County Commissioners may disapprove the marketing plans if sales are to be made other than through Colorado licensed real estate or securities salespersons, if it appears that high pressure sales tactics will be utilized, if parking or traffic problems are likely, or if it is inconsistent with the general health, safety and welfare of persons within Eagle County, Colorado. Any material change in the marketing plans must be approved by the Eagle County Commissioners prior to sales being concluded as a result of such changed marketing plans. 2. Any hearing with respect to any interval ownership plan within the Beaver Creek PUD may be held only after (i) written notice has been placed in a newspaper of general circulation in Eagle County, Colorado, at least ten days prior to the Planning Commission meeting and at least thirty days prior to the Eagle County Commissioners meeting, and (ii) written notice by first class mail, at least 15 days prior to the Eagle County Commissioners meeting, has been given to each developer owning land within the Resort Commercial Land Use Designation and to each condominium owners association of any condominium project within the Resort Commercial Land Use Designation. Such notices shall state the general nature of the hearing and the dates of both the Planning Commission and Eagle County Commissioners hearing. For purposes of such notice, "developer" shall mean each owner of land within any Resort Commercial Land Use Designation except an owner of a condominium unit. 55937.6 TJR 03(AM 5:34 pm 21 3. The Eagle County Commissioners may disapprove any time span estate which does not provide for the unit owners association or corporation to pay real property taxes and assessments as provided by C.R.S. Section 38- 33- 111(3). 4. The Eagle County Commissioners will not approve any interval ownership plan unless it determines that the sale of such interval ownership or time -span estates is consistent with the general health, safety and welfare of owners, developers, and residents within the Beaver Creek PUD and persons within Eagle County, Colorado. 5. Within 30 days after the public hearing, the Eagle County Commissioners shall either approve, disapprove or table the sale of interval ownership interests in writing. Any disapproval or tabling shall state the reasons therefor in reasonable detail. IX: RECORDATION Upon approval by the Eagle County Commissioners, the Guide will be recorded in the public records of the Clerk and Recorder of Eagle County, Colorado. X. AMENDMENTS TO THE BEAVER CREEK PUD A. Substantial Amendments No substantial modification, removal or release of the provisions of the Beaver Creek PUD shall be permitted except upon a finding by the Eagle County Commissioners, following a public hearing called and held in accordance with the provisions of Section 24- 67- 104(1)(e) C.R.S. 1973, as amended, that 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 and is not granted solely to confer a special benefit upon any person. For purposes of meeting the public notice requirement established by Section 24- 67- 104(1)(e), the term "adjoining land owners" shall mean all owners of real property within the Beaver Creek PUD as well as owners of land abutting upon or across the street from the Beaver Creek PUD. Such owners shall be given written notice delivered or mailed, first class, postage prepaid, at least 15 days prior to either the Planning Commission or Board of County Commissioners meeting at which such modification, removal or release is considered; except that in the case of condominium owners, notice may be given to the condominium owners association. Each of the following shall be considered a "substantial modification, removal or release" of the provisions of the Beaver Creek PUD: 1. Any increase in the total number of Dwelling Units or Commercial Space allowed within the Beaver Creek PUD; 55837.6 TJR 03124M 5:34 pm 22 ` 2. Any change in land use designations of any land within the Beaver Creek PUD, except as provided in Article XI hereof; 3. Any removal or release of any land from the Beaver Creek PUD; or 4. Any other matter which the Eagle County Commissioners determines is a "substantial modification, removal or release ". B. Other Amendments Any modification, removal or release of provisions of the Beaver Creek PUD which is not a "substantial modification, removal or release ", or which is not a minor modification not requiring an amendment to the Beaver Creek PUD as set forth in Article XI below, may be adopted after a public hearing, written notice of which 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. Said notice shall state the general nature of the proposed modification, removal or release and the dates of both the Planning Commission and County Commissioners hearing. XI. MINOR MODIFICATIONS Subject to the provisions set forth below, minor modifications in land use and in location, setting, bulk of structures, height or character of buildings may be authorized by the Eagle County Zoning Administrator without requiring an amendment to the Beaver Creek PUD. Minor changes which may be authorized by the Eagle County Zoning Administrator include the following: A. Change in land use of a parcel of property not to exceed 10,000 square feet to conform to the land use of property immediately adjacent to it, provided however, that the provisions of this Article XI..A (a) shall not apply to property adjacent to any parcel of property the land use of which has previously been changed pursuant to the provisions of this Article XI.A and (b) the net effect of which shall not eliminate an existing developed recreational use. B. Building encroachments outside Building Envelopes (i) of non - habitable space such as roof overhangs, balconies, service areas, porches, patios, carports and garages provided that (a) view corridors of adjacent property owners are not substantially impacted in an adverse manner and (b) that written consent of the Beaver Creek Design Review Board has been obtained for such encroachments, and (ii) of habitable space not to exceed twelve inches. C. Architectural features that exceed the maximum Building Height limitation set forth in Article II hereof such as chimneys and towers, not to exceed 15 feet from the highest point 55837.6 TJR O3a4M 5J{ pm 23 of the roof ridge of the structure, except for steeples for churches or chapels which may not exceed 30 feet. Any decision by the Eagle County Zoning Administrator may be appealed in writing to the Eagle County Commissioners within 30 days after such decision. XII. BUILDING ENVELOPE AMENDMENTS Unless constituting a minor modification under Article XI hereof, building encroachments outside Building Envelopes require a Building Envelope Amendment. Property owners may amend Building Envelopes by either of the following procedures: A. Administrative Procedure The owner shall submit to Eagle County Zoning Administrator (i) an Amended Plan prepared by a licensed surveyor pursuant to Eagle County Land Use Regulations showing both the old and the new building envelope and (ii) the applicable Eagle County application fees; and (iii) the names, mailing addresses and written approval to amend the Building Envelope from all owners of any property abutting, directly across the street from or within 75 feet of the property for which the Building Envelope Amendment is requested. If the foregoing requirements are met, the Eagle County Zoning Administrator will submit the Amended 'Plat to the Eagle County Commissioners for approval. B. Public Meeting The owner shall submit to the Eagle County Zoning Administrator (i) an Amended Plat prepared by a licensed surveyor pursuant to Eagle County Land Use Regulations showing both the old and the new Building Envelope and (ii) the applicable Eagle County application fees. A public meeting of the Eagle County Commissioners shall be held, notice of which has been sent by first class mail at least 30 days prior to the Eagle County Commissioners meeting to owners of property which has a boundary line abutting, directly across the street from or within 75 feet of the property for .which the Building Envelope amendment is requested. Such notice shall state the general nature of the public hearing and the date of the Eagle County Commissioners hearing. The Building Envelope Amendment will be approved by the Eagle County Commissioners if the Eagle County Commissioners find that the Building Envelope Amendment (i) does not substantially impact in an adverse manner the view corridor of any property owner to whom notice of the proposed Building Envelope Amendment has been sent or (ii) is required by geologic or other hazard considerations. 55937.6 T7R 032M4 5:76 M 24 XIII. OTHER PROVISIONS A. Street Addresses VAI shall designate and assign street addresses within the Beaver Creek PUD. The Eagle County Department of Community Development shall be notified of all street address assignments within 30 days of such assignment. B. Subdivision of Property Subdivision of property within the Beaver Creek PUD must be made in accordance with the then current applicable Eagle County Land Use Regulations. C. Signs Signs must conform to the then current Comprehensive Sign Plan for Beaver Creek as approved by Eagle County Department of Community Development. D. Fees Application fees for reviews by Eagle County shall be in accordance with the then current Eagle County fee schedules. Approved by the Board of County Commissioners of Eagle County, Colorado on this day of 1994. 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BUILDING HEIGHT — NUMBER OF INTERVALS TAKEN 7 1 „f EXHIBIT C AMENDED AND EXAI4PLE OF PERMITTED LOCK -OFF UNIT PUD GUIDE RESTATED tAHIBIT D P AMENDED AND RESTATED ® I'UD GUIDE 38.33 -110. 71me -shay definitions. As used in this section and section 38- 33.111. unless the context otherwise requires: (1) (a) "Interval estate'* means a combination of: (1) An estate for years terminating on a date certain. during which yem title to a time share unit circulates among the interval owners in accordance with a fixed schedule, vesting in each such interval owner in turn for a period of time established by the said schedule, with the series thus esta recurring annually until the arrival of the date certain; and (11) A vested future interest in the same unit, consisting of an undivided interest in the remainder in tee simple: the magnitude of the future interest having been established by the time of the creation of the interval estate either by the project instruments or by the deed conveying the interval estate. The estate for years shall not be deemed to merge with the future interest, ® but neither the estate for years nor the future interest shall be conveyed or encumbered separately from the other. (b) "interval estate" also means an estate for years as described in subparagraph (1) of paragraph (a) of this subsection (1) where the remainder estate, as defined either by the project instruments or by the deed conveying the interval estate, is retained by the developer or his successors in interest. (2) "interval owner" means a person vested with legal title to an interval estate. (3) "Interval unit" means a unit the title to which is or is to be divided into interval estates. (4) "Project instruments means the declaration. the bylaws, and any other set of restrictions or restrictive covenants, by whatever name denorni- nated, which limit or restrict the use or occupancy of condominium traits. "Project instruments" includes any lawful amendments to such instruments. •'project instruments" does not include any ordinance or other public regula- tion governing subdivisions, zoning, or other land use matters. (S) '7me share estate" aseans either an interval estate or a time -span estate. (6) '•Time share owner" means a person vested with legal title to a time share estate. (7) 'Time share unit" means a unit the title to which is or is to be divided either into interval estates or time -span estates. (g) 'Time -span estate" means a combination of: (a) An undivided interest in a present estate in fee simple in a unit, the magnitude of the interest having been established by the time of the oration of the time -span estate either by the project 'instruments or by the deed coo- veying the time -span estate; and (b) An exclusive right to possession and occupancy of the unit during an annually recurring period of time defined and established by a recorded schedule set forth or referred to in the deed conveying the time -span estate - (9) "Time -span owner" means a person vested with legal title to a tirne- span estate. (10) 'Time -span unit" means a unit the title to which is or is to be divided into time -span estates. (I1) "Unit owner" means a person vested with legal title to a unit, and, in the case of a time share unit, "unit owner" means all of the time share owners of that unit. When an estate is subject to a deed of trust or a trust deed, "unit owner" means the person entitled to beneficial enjoyment of the; estate and not to any trustee or trustees holding title merely as security for an obligation. Source: L 77, p. 1716.4 1. ^:a � ; � � 1 ,� Amended and Restated [ �" r r PUD Gutd 1 i •��� /. ..7 d, 1 r • ' r r r � I :!t •! i /(• p i:, [. v0 1 `�/ i• ,f y / a IL If ,,• • . 4 ; � . mot, � r' r . r� ' ,_ :' �- ' 1 '� �� �y � _ "t om • . \• �. � —�• 1 � r � T Mountain Restaurant_ ♦ i i Zone