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HomeMy WebLinkAboutR25-041 Amending Reso No. 2024-092 Condition No. 3 Arcadian on Beaver Creek File No. SMA-009408-2023 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 Commissioner scherr moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2025- 041 RESOLUTION AMENDING RESOLUTION NO.2024-092 TO REMOVE CONDITION OF APPROVAL NO.3 REQUIRING A PAYMENT OF CASH-IN-LIEU FEES FOR SCHOOL LAND DEDICATION FOR ARCADIAN ON BEAVER CREEK,EAGLE COUNTY FILE NO. SMA-009408-2023 WHEREAS,on November 19,2024, nunc pro tunc October 8,2024,the Eagle County Board of County Commissioners(the`Board") approved Resolution No. 2024-092,recorded at Reception No. 202414270 in the Office of the Eagle County Clerk and Recorder and attached as Exhibit A,which approved Eagle County File No. SMA-009408-2023,Arcadian on Beaver Creek, a Minor Type A Subdivision(the"Application"); and WHEREAS,the Application was submitted by OI TAG Beaver Creek, LLC (the"Applicant")to subdivide approximately 13.796 acres of unplatted land located wholly within the Beaver Creek Planned Unit Development(the"Beaver Creek PUD")into three lots; and WHEREAS,at the time of approval of the Application, Section 4-700.0 -Cash in Lieu of Dedication of the Eagle County Land Use Regulations(the"ECLUR")required the Board,with recommendations from Eagle County School District RE50J(the"District")and other affected entities,to require, in lieu of dedicated land,the payment in cash by the Applicant of a School Land Dedication Cash-In-Lieu Fee based based upon the number of proposed residential units and the appraised value associated with the subdivided land; and WHEREAS, in conformance with ECLUR Section 4-700.C,the Board conditioned approval of the Application upon Condition of Approval No. 3 set forth in Resolution No. 2024-092. Condition of Approval No. 3 states: "Pursuant to ECLUR 4-700.E. at the time of building permit issuance the Applicant shall pay the required School Land Dedication Cash-In-Lieu Fee of$167, 290.26 to Eagle County;"and WHEREAS,following approval of Resolution No. 2024-092, subsequent communication with the District and further research by Eagle County staff discovered that in 1994 the developer of the Beaver Creek PUD and the District had reached a written agreement, as outlined in Exhibit B,that established the previous payment of School Land Dedication Cash-In-Lieu Fees for all properties within the entire Beaver Creek Planned Unit Development, including the property subject to the Application; and WHEREAS,ECLUR Section 4-700.D-Dedication Requirements Shall Only Apply Once, provides that the imposition of School Land Dedication Cash-In-Lieu Fees shall apply only once to the same land area; and 1 of 5 Docusign Envelope ID:A6714078-1 B30-4CA3-A7DF-2B8C705816D8 WHEREAS,the Board now desires to amend Resolution No. 2024-092 to remove Condition of Approval No. 3 because the School Land Dedication Cash-In-Lieu Fees associated with the Application were previously imposed and paid prior to submission of the Application as set forth in Exhibit B. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,the Board hereby finds that the School Land Dedication Cash-In-Lieu fee requirements for the property subject to the Application have previously been met in conjunction with development of the Beaver Creek PUD and therefore Condition of Approval No. 3 set forth in Resolution No. 2024-092 was imposed in error and is not applicable: THAT,Condition of Approval No. 3 is removed from Resolution No. 2024-092 and no further School Land Dedication Cash-in-Lieu Fee is required for the Application. THAT, all other conditions of approval set forth in Resolution No. 2024-092 remain in place. THAT,with the removal of Condition of Approval No. 3,the Application will continue to be in compliance with ECLUR Section 5-290.G.1 -Standards for the review of a Minor Type A Subdivision and all other applicable standards as required by the ECLUR. THAT,the Board directs the Planning Division to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. [Remainder of page left intentionally blank] 2 of 5 Docusign Envelope ID:A6714078-1 B30-4CA3-A7DF-2B8C705816D8 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 13th day of May, 2025. Signed by: ` % COUNTY OF EAGLE, STATE OF COLORADO,By and Through Its \\510Loepd3 BOARD OF COUNTY COMMISSIONERS Signed by: DocuSigned by: ATTEST: Weil (' By: CA4AC128FSAA47A... EBMC 838C8A4C8... Clerk to the Board of Jeanne McQueeney County Commissioners Chair ESigned by: rom 6074 CD°905c46F5F1 8 Tom Boyd Commissioner rk Si Ane Signed by: 'rI.'r 81E702D718E0473... Matt Scherr Commissioner Commissioner Boyd seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney Aye Commissioner Boyd Aye Commissioner Scherr Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 of 5 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 Exhibit A Resolution No.2024-092 • 4 of 5 1 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 Eagle County, CO 202414270 Regina O'Brien 11/19/2024 Pgs: 14 04:41:00 PM REC: $0.00 DOC: $0.00 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2024- 092 RESOLUTION APPROVING A MINOR TYPE A SUBDIVISION FOR ARCADIAN ON BEAVER CREEK EAGLE COUNTY FILE NO.SMA-009408-2023 • WHEREAS,on or about December 19,2023,the County of Eagle, State of Colorado,accepted an application for a Minor Type A Subdivision(the"Application"or the"SMA")submitted by OI TAG Beaver Creek,LLC(the"Applicant")to subdivide approximately 13.796 acres of unplatted land located within the Beaver Creek Planned Unit Development(the"Beaver Creek PUD");and WHEREAS,the Application proposes approval of a Minor Type A Subdivision to subdivide and plat Tract C and Tract S within the Beaver Creek PUD,also known as Assessor's Parcel# 2105-123-00-001,and legally described in Exhibit A(collectively,the"Property")into three(3)total lots; and WHEREAS,the Beaver Creek PUD was approved by the Eagle County Board of County Commissioners(the"Board"or"BOCC")in 1978 and is governed by the Amended and Restated Guide to the Beaver Creek Planned Unit Development(the"PUD Guide"), which was approved by the Board on January 24, 2017 and recorded on March 6,2017 at Reception Number 201703833 in the Office of the Eagle County Clerk and Recorder; and WHEREAS, Section XIII of the PUD Guide provides that subdivision of land within the Beaver Creek PUD shall be in accordance with the current version of the Eagle County Land Use Regulations (the"ECLUR");and WHEREAS,the Property is eligible for a Minor Type A Subdivision pursuant to ECLUR Section 5-290.B.1 - Type A Subdivision,as the Application proposes to create three(3)lots within property that has not previously been platted;and WHEREAS,the PUD Guide designates Tract C of the Property as Residential Medium Density ("RMD")and Tract S of the Property as Open Space Recreation-Greenbelt("OSR-Greenbelt"). The uses,densities and standards of development of those designations are governed by Section IV of the previously approved PUD Guide; and 1 of 14 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 WHEREAS,the Application proposes to divide Tract C into two lots,Lot 1 and Lot 2,for the purpose of development consistent with the PUD Guide. Proposed Lot 1 totals 2.163 acres and proposed Lot 2 totals 0.230 acres(or 9,991 square feet). Tract S is and will remain 11.403 acres of OSR- Greenbelt. Lot 1 and Lot 2 of Tract C and Tract S are depicted in Exhibit B; and WHEREAS, Section III.0 of the PUD Guide provides for the Allocation of Dwelling Units and Commercial Space between parcels as defined within the Dwelling Unit and Commercial Space Report ("Dwelling Unit Report"). The Updated January 11,2024 Dwelling Unit Report,allocates 16 dwelling units to Tract C and no Commercial Space square footage; and WHEREAS,the Application is accompanied by,and was concurrently processed with,a separate application for a Variance from Improvement Standards,File No.VIS-009469-2024(the"Variance");and WHEREAS,pursuant to ECLUR Section 5-210.E.1 -Notice in Newspaper,notice considering the subject matter of the Application and setting forth the date,time,and location for consideration of the Application by the Board was published in the Eagle Valley Enterprise and Vail Daily newspapers on August 1,2024.Per ECLUR Section 5-210.E.2 -Mailed Notice, adjacent property owner notification was sent on August 2,2024. Per ECLUR Section 5-210.E.3 -Posted Notice, the Applicant posted notice on the Property on or before July 28,2024;and WHEREAS,at its hearing on August 20,2024, the Board continued consideration of the Application to October 8, 2024;and WHEREAS,pursuant to ECLUR Section 5-210.E.1 -Notice in Newspaper, notice considering the subject matter of the Application and setting forth the date,time,and location for consideration of the Application by the Board was published in the Eagle Valley Enterprise and Vail Daily newspapers on September 19,2024.Per ECLUR Section 5-210.E.2 -Mailed Notice,adjacent property owner notification was sent on September 20,2024. Per ECLUR Section 5-210.E.3 -Posted Notice,the Applicant posted notice on the Property on or before September 17,2024; and WHEREAS,the Board conducted a site visit on October 8,2024,to view the Property and the surrounding topography and adjacent parcels; and WHEREAS,at its hearing on October 8,2024,the Board considered the Application and associated plans and the statements and concerns of the Applicant,the Eagle County Community Development staff,members of the public,and other interested persons; and WHEREAS,based on the evidence,testimony, exhibits,and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County Community Development Department,comments of public officials and agencies,comments from members of the public,and comments from all interested parties,the Board finds as follows: THAT,proper publication and public notice was provided as required by law for the hearing before the Board. 2 of 14 Docusign Envelope ID:A6714078-1830-4CA3-A7DF-2B8C705816138 THAT,pursuant to ECLUR Section 5-290.G.1 -Standards for the review of a Minor Type A Subdivision,all applicable standards have been met as required by the ECLUR as follows: a. Consistent with Comprehensive Plan. The Application is in substantial conformance with the purposes, intents,goals,and policies of the Eagle County Comprehensive Plan,and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing,or infrastructure management. Specifically,the Application is consistent with the 2005 Eagle County Comprehensive Plan with respect to Sections 3.2- General Development and 3.2.3 -Growth,because,as part of the original Beaver Creek PUD,the Property has been thoroughly planned and extensively analyzed,and subdivision of the Property allows for development consistent with the PUD Guide to occur.The Application is consistent with Section 3.2.4-Development because the Property is located within the Beaver Creek PUD,which has previously been extensively analyzed for potential impacts and mitigation measures have previously been established and implemented relating to infrastructure improvements,maintenance,and the payment of school land dedication fees. The Application is consistent with Section 3.3 -Economic Resources because the Application proposes development consistent with existing development within the Beaver Creek Resort, which is identified as a world class resort with a well defined and fostered character.The Application is consistent with Section 3.7 - Wildlife,because Tract S, through which Beaver Creek flows,has been designated as OSR-Greenbelt in the PUD Guide and that designation has been carried over to the SMA plat.Additionally,Colorado Parks and Wildlife identifies the Property as fragmented and only potentially providing marginal, occasional habitat for large and small mammals,a variety of avian species,and other wildlife, and the Applicant has committed to implementing wildlife mitigation measures. The Application is consistent with Section 3.8 -Sensitive Lands, with the addition of Condition#1 described below,because no sensitive wildlife habitats have been identified on the Property,a 404 Wetlands Permit(NWP 29 SPA-2023-00556)has been approved by the USACE to disturb and mitigate 0.41 acres of existing wetlands on Lot 1,and Condition#1 requires the Applicant to mitigate hazards by implementing the recommendations contained in the Preliminary Subsoil Study prepared by Kumar&Associates,Inc. which identifies the potential for sinkholes and areas of localized subsidence hazards on the Property. Additionally,the Application is consistent with the 2005 Eagle County Comprehensive Plan Future Land Use Map as the Property has been identified as"Existing Approved Development"and the proposal conforms to the previously approved PUD Guide. The Property is not located within any defined boundaries of an area community plan.Affordable housing mitigation was previously required for approval of existing residential density and use within the Beaver Creek PUD and therefore the Eagle County Affordable Housing Guidelines are not applicable to the Application as the Application does not propose the development of previously unapproved residential density. b. Consistent with Land Use Regulations. Pursuant to ECLUR 5-290.G.I.b,and with the addition of Condition#2.and Condition#3 described below,the Application complies with applicable zoning standards of the PUD Guide,ECLUR Article 3 -Zone Districts,and ECLUR Article 4-Site Development Standards. The Application complies with Section XIII of the PUD Guide by subdividing the Property pursuant to the ECLUR. Furthermore,the 3 of 14 Docusign Envelope ID:A6714078-1 B30-4CA3-A7DF-2B8C705816D8 Application proposes to subdivide and utilize Lot 1 and Lot 2 of Tract C in conformance with the Dwelling Unit Report, which allocates 16 dwelling units to Tract C. The Application includes conceptual development plans for Lot 1,which demonstrates that development of Lot 1 will meet the requirements of the PUD Guide as Section IV.C.2 of the PUD Guide as the RMD designation allows up to 12 dwelling units per acre that can be in the form of townhomes,condominiums,single-family,and duplex structures.The Application establishes that proposed development of Lot 1 can meet minimum setbacks,maximum heights,and parking requirements of the PUD Guide. ECLUR Section 3-340.C.6-Stream Setbacks and Water Resource Protection is not applicable to Lot 1 and Lot 2 of Tract C created by the Application because the watercourse passing through Lot 1 and Lot 2 of Tract C does not meet the County's defmition of a stream. ECLUR Article 2-Definitions defines a stream as"a watercourse having a natural source and terminus,banks and channel,through which waters flow at least periodically. Stream includes creeks and other flowing waters that are tributary to a river.Man-made irrigation ditches are excluded from this definition."Pursuant to analysis from Spronk Water Engineers, Inc. and analysis provided by the Applicant,the watercourse passing through Lot 1 and Lot 2 of Tract C is similar to an irrigation ditch in that it is a man-made watercourse carrying both natural flows and irrigation runoff.The watercourse flows through man-made banks and channels. As a result,the watercourse does not fall within the ECLUR's definition of a stream and the watercourse does not require application of a stream setback. The Application has provided a ditch easement for the watercourse as required by ECLUR Section 4-640.D. -Irrigation Ditch Easements.Moreover,even if the watercourse did require a stream setback,the standard would be met by the Application as any stream setback would be determined by the PUD Guide rather than the ECLUR,and while a stream setback would restrict future development of the Property,the existence of a stream setback does not foreclose subdivision of the Property. In addition,the Application complies with site development standards with the imposition of Condition#2 and Condition#3 as: (1)necessary parking has been depicted on the conceptual site plans; (2)landscaping and illumination requirements will be reviewed with any related building permit; (3)the Applicant has committed to implementing environmental and wildlife mitigation measures as stated in the Application;(4)the Application identifies engineering designs which integrate building locations and foundation designs with retaining walls and slope stabilization methods to limit cuts and fills to the minimum necessary to accommodate the proposed density,which is less than the maximum density permitted under the PUD Guide; (5)there are no notable natural landforms on the property besides the steep slopes;(6) the vast majority of Tract S will be undisturbed;(7)commercial and industrial performance standards are not applicable to this Application;(8)Condition#2 requires a variance to improvement standards in order for the Application to conform to the road standards for Minimum Structural Section, Shoulder Type,Right-of-Way Width, Shoulder Width, Maximum Grade, Minimum Vertical Curve K Factor,Required Sight Distance,and Paths; and(9)Condition#3 ensures that the Application will comply with the requirements for the payment of School Land Dedication Cash-In-Lieu fees. 4 of 14 Docusign Envelope ID:A6714078-1630-4CA3-A7DF-2B8C705816D8 c. Spatial Pattern Shall Be Efficient. The proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services,or require duplication or premature extension of public facilities,or result in a leapfrog pattern of development. The Application conforms with this standard because the overall spatial patterns within the Beaver Creek PUD were established by the Boards's approval of the Beaver Creek PUD in 1978 and subsequent approval of the PUD Guide and its amendments. The development of individual parcels within the PUD have been required to meet the requirements of the PUD Guide. In addition: (1) Utility and Road Extensions. Existing and proposed utilities and roads are adequate and sized appropriately to service the proposed and future anticipated development of the Property. The Application includes confirmation from the Eagle River Water and Sanitation District that the Property is within the Beaver Creek Metropolitan District,that they have the ability to serve the Property and infrastructure is in place to serve the proposal. In addition,utility providers, including Holy Cross Energy,Excel Energy, Lumen,and Forethought,have not identified any concerns relating to ability to serve the Property or adequacy of existing infrastructure needed to service the Property. (2)Service Ultimate Population. Utility lines are currently sized to serve the planned ultimate population of the service area in order to both avoid future land disruption,and the necessity of upgrading undersized lines. d. Suitability for Development. The Property proposed to be subdivided is suitable for development considering its topography,environmental resources,and natural or man-made hazards that may affect the potential development of the Property and existing and probable future improvements to the area. Suitability for Development was originally analyzed through approval of the PUD Guide,which authorizes development of Tract C. Only Lot 1 and Lot 2 of Tract C are proposed to be developed while Tract S,with its designation as OSR-Greenbelt,has very limited development permitted and is limited to passive recreation and utility infrastructure.With respect to topography,the Property is similar to many properties within the Beaver Creek PUD as it contains slopes ranging from 30%-70%over about 37%of its 2.163 acres. The Application's conceptual development plan illustrates how Lot 1 and Lot 2 of Tract C can be developed for residential development within the PUD Guide's RMD designation. With respect to Environmental Resources,the EIR describes the Beaver Creek riparian corridor,which traverses the length of Tract S,as the primary wildlife use/movement corridor and"a significant contribution to the local ecology."The Application does not propose development of Tract S. Existing wetlands within Lot 1 will be removed and mitigated per an approved 404 permit and the ditch,which passes through Lot 1 and Lot 2,will be developed into a landscape feature for the residences of Arcadian. With respect to Natural Hazards, the Property is subject to steep slopes,the potential for sinkholes,and areas of localized subsidence hazards identified in the Preliminary Subsoil Study by Kumar& Associates,Inc. Condition#1 ensures these hazards will be addressed prior to development. No man-made hazards have been identified on the Property.Future improvements for the Property are authorized and governed by the PUD Guide. 5 of 14 Docusign Envelope ID:A6714078-1 B30-4CA3-A7DF-2B8C705816D8 e. Compatible with Surrounding Uses. The Application is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land,services,or infrastructure improvements. The Application does not propose to change any uses applicable to the Property. Uses applicable to the Property are governed by the PUD Guide for the Beaver Creek PUD. Uses governed by the PUD Guide were thoroughly reviewed for compatibility during approval and subsequent amendment of the PUD Guide. Lot 1 and Lot 2 of Tract C are similar in size to surrounding lots. Lot 1 and Lot 2 will be developed in conformity with the PUD Guide,which authorizes residential uses consistent with other surrounding uses and Tract S remains OSR-Greenbelt,which will not impact surrounding uses.Furthermore,Tract C is located between the higher density commercial uses permitted on Tract N to the north,the lower density single-family uses along Beaver Creek Drive to the south,the golf course maintenance facilities to the west,and the passive recreational uses of Tract S to the east,which makes it suitable for transitional residential land use as established in the PUD Guide.The Application is also compatible in that adequate services and infrastructure support development of the Property in conformance with uses authorized by the PUD Guide. f. Improvements Agreements. The proposed Subdivision Improvements Agreement includes improvements to roads, storm drainage systems,and utilities.The Agreement has been reviewed and approved by County staff and the Applicant. The final agreement will be reviewed and approved by the Board. g. Conformance with Final Nat Requirements. The submitted final plat conforms with the Final Plat requirements and other applicable regulations,policies, standards,and guidelines. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Application is approved,with the following conditions: 1. Prior to the issuance of a grading or building permit,the Applicant shall demonstrate that the recommendations contained in the Preliminary Subsoil Study,Proposed Residential Development Lot 1,Arcadian on Beaver Creek Subdivision by Kumar&Associates, Inc.,December 27,2022,Revised February 5,2024 have been implemented for any development on proposed Lot 1. 2. The Applicant shall obtain approval of the Variance from Improvement Standards application,File no.VIS-9469-2024,prior to the approval or approval with conditions of this SMA Application in order to establish compliance with Section 5-290.G.1.b: Consistent with Land Use Regulations. 3. Pursuant to ECLUR 4-700.E. at the time of building permit issuance the Applicant shall pay the required School Land Dedication Cash-In-Lieu fee of$167,290.26 to Eagle County. 4. Except as otherwise modified by this development permit,all material representations made by the Applicant in this application and in public meetings shall be adhered to and 6 of 14 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 considered conditions of approval. THAT,the Board directs the Planning Division to provide a copy of this Resolution to the Applicant. THAT,the Board hereby fmds,determines and declares that this Resolution is necessary for the health,safety and welfare of the citizens of Eagle County. [Remainder of page left intentionally blank] 7 of 14 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado,at its regular meeting held the 19th day of November, 2024,nunc pro tunc to the 8th day of October,2024. f-- Signed by: o COUNTY OF EAGLE, STATE OF COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS signed by: signed by: ATTEST: F, ,F„A,,,A„U, By: 8167820711160177... Clerk to the Board of Matt Scherr County Commissioners Chair /Doousigned by�/,/� why V ,g4 P� G44AC4Z11FS Ai7A.. Jeanne McQueeney Commissioner ESigned by: EB " 88A881 FEB84403... . Kathy Chandler-Henry Commissioner Commissioner chandler-Henry seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Sherr Aye Commissioner McQueeneyy Aye Commissioner Chandler-Henry Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 8 of 14 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 Exhibit A-Legal Description AN UNPLATTED PARCEL OF LAND,PART OF WHICH IS LYING SOUTH OF AND CONTIGUOUS WITH LOT 1 TRACT N OF BEAVER CREEK SUBDIVISION 6TH FILING ACCORDING TO THE PLAT RECORDED MARCH 2, 1982 UNDER RECEPTION NO.233481, BEING A PORTION OF THAT PARCEL OF LAND DESCRIBED AS PARCEL 1 IN THE DEED RECORDED NOVEMBER 23, 1993 UNDER RECEPTION NO. 521717,BOTH IN THE CLERK AND RECORDER'S OFFICE,COUNTY OF EAGLE, STATE OF COLORADO AND LYING IN THE SOUTHWEST QUARTER OF SECTION 12 AND NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 5 SOUTH,RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF EAGLE, STATE OF COLORADO.MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 12 FROM WHICH THE CENTER QUARTER CORNER OF SAID SECTION 12 BEARS NOO°27'35"E 283.51 FEET; THENCE UPON SAID NORTH-SOUTH CENTERLINE SOO°27'35"W 1040.63 FEET TO THE CENTER SOUTH 1/16TH CORNER OF SAID SECTION 12;THENCE CONTINUING UPON SAID NORTH-SOUTH CENTERLINE SOO°27'38"W 1323.96 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 12;THENCE UPON THE NORTH SOUTH CENTERLINE OF SAID SECTION 13 SOO°57'46"W 201.20 FEET TO THE INTERSECTION WITH THE EAST BOUNDARY OF LOT 4, BEAVER CREEK SUBDIVISION-SEVENTH FILING,TRACT I(BLOCK 2)ACCORDING TO THE PLAT THEREOF RECORDED JULY 7, 1981 IN BOOK 325 AT PAGE 557 IN THE CLERK AND RECORDERS OFFICE,EAGLE COUNTY,COLORADO,FROM WHICH THE CENTER NORTH 1/16TH CORNER OF SAID SECTION 13 BEARS SOO°57'46"W 1132.55 FEET; THENCE DEPARTING SAID NORTH-SOUTH CENTERLINE AND UPON THE EASTERN,AND NORTHERN BOUNDARY OF SAID BEAVER CREEK SUBDIVISION-SEVENTH FILING TRACT I(BLOCK 2), THE FOLLOWING 26 COURSES:1)N11°31'35"W 105.28; 2)N09°01'35"W 150.00 FEET; 3) N06°31'35"W 70.00 FEET;4)N16°48'22W 124.95 FEET;5)N56°08'30"W 74.77 FEET; 6) 113.42 FEET UPON A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 565.00 FEET THE CHORD OF WHICH BEARS N29°25'51"W 113.23 FEET WITH A CENTRAL ANGLE OF 11°30'07"; 7)N35°10'54"W 40.25 FEET; 8)NOO°34'46"W 74.81 FEET; 9)N14°34'08"W 275.07 FEET;10)NO1 °59'29"E 62.38 FEET;11)N38°07'08"W 113.77 FEET; 12)NO1 °16'07"E 55.11 FEET; 13)S87°54'47"E 60.13 FEET; 14)NOO°08'22"W 39.00 FEET; 15)N20°59'28"E 112.00 FEET; 16)N09°35'25"W 151.00 FEET; 17)N28°53'47"E 58.00 FEET; 18)N30°31'36"E 88.92 FEET; 19)N13°00'00"E 100.00 FEET;20) N04°10'30"W 239.27 FEET;21)N60°00'33"W 49.92 FEET; 22) S30°21'42"W 190.07 FEET; 23) 73.05 FEET UPON A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 56.00 FEET THE CHORD OF WHICH BEARS S76°13'21"W 67.98 FEET WITH A CENTRAL ANGLE OF74°44'08";24)N45°50'39"W 95.23 FEET;25)N66°48'45"W 60.83 FEET;26)N48°21'55"W 112.90 FEET; THENCE DEPARTING SAID EASTERN AND NORTHERN BOUNDARY AND UPON THE EASTERN BOUNDARY OF BEAVER CREEK SUBDIVISION SIXTH FILING ACCORDING TO THE PLAT THEREOF RECORDED MARCH 02, 1982 AS RECEPTION NO. 233481 IN THE OFFICE OF THE EAGLE COUNTY,CLERK AND RECORDER, THE FOLLOWING 2 COURSES: 1) NO2°06"24"E 117.16;2)N15°43'13"E 186.41 FEET TO THE SOUTHWEST CORNER OF LOT 1, TRACT N, SAID BEAVER CREEK SUBDIVISION SIXTH FILING; THENCE UPON THE SOUTH AND EAST BOUNDARY OF SAID BEAVER CREEK SIXTH FILING THE FOLLOWING 12 COURSES: 1)S70°34'31"E 119.77 FEET;2)N12°20'13"E 48.87 FEET; 3) S70°34'3L"E 134.23 FEET; 4) S07°22'55"W 19.52 FEET; 5)S14°30'07"W 149.80 FEET; 6)S73°05'29"E 146.10 FEET; 7)33.83 FEET UPON A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 130.00 FEET 9 of 14 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 THE CHORD OF WHICH BEARS N60°02'40"E 33.73 FEET WITH A CENTRAL ANGLE OF 14°54'29"; 8)63.05 FEET UPON A CURVE TO THE LEFT HAVING A RADIUS OF 75.00 FEET THE CHORD OF WHICH BEARS N43°24'57"E 61.21 FEET WITH A CENTRAL ANGLE OF 48°09'54";9) N 19°20'00"E 288.30 FEET; 10) 169.88 FEET UPON A CURVE TO THE LEFT HAVING A RADIUS OF 159.71 THE CHORD OF WHICH BEARS N10°58'59"W 161.98 FEET WITH A CENTRAL ANGLE OF 60°56'38"; 11)N48°32'42"E 50.00 FEET; 12)N49°11'32"E 94.30 FEET TO THE POINT OF BEGINNING. • 10 of 14 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 .402�'A$0�2tir88E4C�g6P �e\oPe}�•'Cp5�BB1�40A na,�,1st i Docus9 g%1bit$' ;.. a i5t i E ' agYt ft �.yt iil '- � . 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Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 uocusign tnveiope iv ..vuovoo,-p...- ---•-•-•--•• i;N I ' zi. p' o; I I gs • liil Il al J i rif Cz r R tt{th F.• '11 1 o ft I C1172 0.,, i 4 ,5 + r -� ° i'toa ti 1 . ilairi , \ 3g tal . .$0-,------ht.,4K,-(2°-,1 ! NM . 11.. , l'i •e. w \ \ fir 'O� Its } \ a 11 Lk. k �✓/ \\ b �\ i1 r -- --J• 31 — •` ,1 - 4)- i , . --.:/...-/ - N N st, lig 1 r:--- -....... 1 1 sii Al 9 1 Hams ae.m .4.- - p 1 0.RR - s 2 z8lii 1.1"8 I IIIIIi. it 3 Jinni .l_ i,1 id H !].1l1111' 1I• , mow`" kg;hi! :� \ povoo•o \ : !Mini e - lllllill \ i a. Q n _ "rsa;sa, • ---1.`i H. 11! *--). 1.iiiiiii il iesi4 << iir' j i \ L t� [n 12 of 14 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 �.402/-p,80D4FBse4G��A 1D.C066668AA0 DS,gn v. nveWPe 1 OtZT9v•0 / it III l • ! \%tit X CIAXA:k21 "*... I It INA *...1"151,.J*;'*,(\`‘ / .;'.. • At* :\\ \ // / d o lik , . jitt til , A - )'''// ' a i i/Ts . it At 14 0 . '.....-0/ / 1 : Vii ten 1 \ /...-/ s = \ \ .."1• \ / ! // ark ../. / V` /! � 014 t A Illi\i co• ::I:17.1:: 4. � Q / i si ill ,.s A,p — y„.., eit A \ , ..-- ----.--e- in '‘.' Ilt 1/70 lWAtt,.,Vil i *k gigA 13d14 Docusign Envelope ID:A6714078-1830-4CA3-A7DF-2B8C705816D8 Docusign Envelope ID:C0566881-44U1-4urt-Houu-4room.n.w-twun icy I itff a 11 11` i " �,1 Is 11 tt, // a / / , // —_, y s;, .s� ii i 111>` )..— N/' \ ' • il — A-iIII:o: / 111 \ -/ / Yy K' swa"'""`v wxa } , t. �, ' - . :'``' a 1ii XI ti ��� ; d �aa z 0 E' O fill�lii .4g, Lc . !i.9 it lllu 1. N�.3. 4{ 0 ce(,{{t{ t{E Ogq tf19 WU) itettttt! a `�h r;, {� Via, 'well1111111 �'¢ C ,A -1.g- ii.< NI 7 1 a • }} rn HIM 'i � n ! fftf Ny *O 11 F -n z 14 of 14 Docusign Envelope ID:A6714078-1 B30-4CA3-A7DF-2B8C705816D8 Exhibit B 1994 Memorandum of Agreement and Payment of Cash-In-Lieu of School Land Dedication 5 of 5 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 P.2 MEMORANDUM TO: Kathy Eastley cc: Peter Jamar VIA FACSIMILE 328-7185 Diane Paradis FROM: Rick MacCutcheon DATE: May 30, 1995 SUBJECT: School Land Dedication-Cash-In-Lieu Attached is a letter to Peter Jamar from Mel Preusser dated January 27, 1994 indicating the school district's agreement to accept cash-in-lieu of land dedication with a reference to the amount of$95,733.90 for the Beaver Creek PUD. The total amount actually being paid for Beaver Creek PUD is$111,611.50 which is greater because of the difference in units between the preliminary plan to final plat in accordance with zoning allowed. VAI's payments for the Beaver Creek PUD have been made as follows: BEAVER VAI TOTAL CREEK ARROWHEAD AREA DATE CHECK# AMOUNT PUD PUD BG Fil. 2 Bachelor Gulch 3/24/95 601840 (1)$121,935.00 $68,126.50 $53,808.50 Filings 1 &2 Strawberry Park 5/26/95 601970 43.485.00 43.485 00 ____ (301ots,60d.u.) $165,420.00 $1.11,611.50 $53,808.50 • Notes: (1) For the breakdown of the$121,935 payment,please refer to the attached memorandum dated March 23, 1995. ' Docusign Envelope ID:A6714078-1 B30-4CA3-A7DF-2B8C705816D8 ri IG —7 WPM P. DP • £ t sf.A EAGLE Couwry SCHOOL DISTRICT RE 50J • P.O.BOX 740•EAGLE,COLORADO 81631•(303)328-6321•FAX(303)328-1024 January 27, 1994 • • Mr. Peter Jamar Jamar & Associates 108 S. Frontage Road West Vail, CO 81657 • Re: Beaver Creek PUD, PD-100-93S; PD-100-93•P Dear Peter: Thank you for meeting with the School District Staff to discuss land dedication/cash-in-lieu of calculations concerning the amended Beaver Creek PUD. As a result of the discussion, it has been agreed that a cash-in- lieu of land dedication amount of $95,733.90 would be given to the • school fund for use in site acquisition for new school facilities. This fee would fulfill any obligation for school land dedication, based on the incremental• single family density being proposed in • the amended Beaver Creek PUD. Rather than waiting for final platting - of all the subdivision filings, our understanding is the cash-in-lieu of fee will be forthcoming. . Thank you, and Vail Associates, for your time, effort and understanding. S erely, Mel Preusser Interim Superintendent c: Sid Fox, Eagle Co. Community Development • Jack Lewis, Eagle County Manager ' Keith Montag, Director Eagle CO. Community Development Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 F'.4 • MEMORANDUM TO: Eagle County c c: Gerry Arnold FROM: Rick MacC t DATE: March 23, 1995 SUBJECT: School Land Dedication Fees Bachelor Gulch/Filing 1 & 2-upon submittal of plat(3/24/95)VAI will pay$121,935. • SF or Description #of Lots Duplex Units Filing 1 residential lots(1-47) 47 94 (1) Filing 2 residential lots(48-76) 22 (1) Total Residential Zfi 152 0601 APIT 1- Prtt Tract C 1 64dP9063 Tract D :.1 24 Total 1$ 244 • (1) Note: These primary/secondary lots are considered duplex for School Land \ j'/ Dedication Fee. School formula: Per Unit Liability $ Amount Description #of Unita EQ13111iii 1D Acres t$50,000/gQ Woo b9,iib.s Single family or duplex 152 .014495 2.2032 $110,160 pip, y..013.g, (1 acre per 69 units) Multifamily 88 .002676 .2355 11,775 RA NO uc (1 acre per 373.7 units) e. Pro_ is, r:i.sr TOTAL 2411 $121935 , pro, s3,8005 Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 P.5 • SCHOOL DED 03239! 282524 121935.00 121935.00 • Bachelor Mlle • • • ' ' CneAtNo. Date _ Moor No. •vino,Rani • • ' TorolMlaml . 607 A40 01?494 Alln9 RBCt.fr ennumv mareenoup 1,1 nan nn ..a C4"11i.:. •; •.-PA.80X7,VALCCLOFvi0081MB i(344iiii M dl:i i',•. ha` { :. pay.' '40 •.: •sP P i's;!•'7,,+'.; %. +�..�'. ,y (�(��2;;'I "igp"11 1'9$3r5.00 . :Th su: Of'12 1,..,3 . .1 ,1 00Jt?>y, :� r°15•T'4fribttVIS FPOfi $`• EAGLE COUNT•Y.TREASURE ;""•.;,,,:••sos rrdamomneyt�.;,;..+ 1ha PO.BOX 470. • R 2k.. ',Eaa r�Strolla41,1" • grief'•; Rag le, CO:81b3i• ' .. . .. •• ; ^a,`, '•�•�./•%-4I:: 1�`.4, . r • '•i"" ,Nimmunrillim '7I 02060 i840tl' 4909 i 2 i 59 27,: 458 180 L 2 57a' • bndea No. - Date Voucher , Gross Amount bh[acat NO Amount 052595 052595 27835A 43485.00 43485.00 S -fleo4 diNa`;Di f'e? - .Si 1 VQW4C{'rj fahl� . I• 1 : Modal*.• '••bete • . vandal No. Vander Name 607970.OQ 052695 00992 ac Co f Tow Almr . .. sty T* a urexi 43485�. ot 2 0.61 1 thP• ,:.• T,..; , _,�,.,.a...,;.: •• -' �"l•q• ��+>• a • t.i...I, 'u•Yi..,:,••',:'J:•.,:• M.•fr �: t`V(1'�..� •1I,'. .Fall..-44s..�.1,1.'r: 0,:;;:...• `11 •e. 1.r;•�'� •'�• >•+.5�, 7! q.,yT•>.. ..•'.'•tee ;•. `,i :•,.F;•t. . r!.. '•+'; ••PA.8OX7.VALCOlbRAOb4issi F t`""•'' �' • .Far,��'"y . . , po8)4re.aeoi'^<. .:• . ..� �} ♦; •i• Dale' r,, .! •.,.. '•,..; 8,.ttogo e.4„:•.:,• 05'•126,.I.l9•5,..sri• +.a43485."00,,„•.. �;' ;.; ;••r;,�1F15C�ANKEABTOR . ",•.i•: .:uriti:o" mW.Milbank eyenom ymr,• The Egg t Tr ',.• ? Wa.:6;i3atB�erlretciiononmkaq •,.°.;•• om 3ta Coifii y, eaelirei' i�;• cos 3trbGhhV + EiM y,�yaPa4 MR6tlYlr'•,Lr gt. ..• . . : • • .;••• • ....,.;lb �t 'vtMCi N 2060 L9 70 ' 1:0912159271' 68L80L25?u' w: i )" jf . Docusign Envelope ID:A6714078-1B30-4CA3-A7DF-2B8C705816D8 Vail Associates Real Estate Group, Inc. June 2, 1995 \‘,'e Mr. Sid Fox,Planning Director Eagle County Community Development P. O. Box 179 REGPIVPD Eagle,CO 81631 RE: Beaver Creek PUD 'JUI 1 1995 PD-100-94-F-Strawberry Park and EAGLE'.CciuNTY PD-100-95-F-Upper Bachelor Gulch • rOMMUNITY DEVELOPMENT . • Dear Sid: Enclosed is a check in the amount of$111,611.50 as payment for school land dedication fee for the Bachelor Gulch PUD, calculated as follows: DESCRIPTION COMPUTATION 0 AMOUNT Strawberry Park,PD-100-94-F 30 lots,60 d.u.'s x .014495 x$50,000 $ 43,485.00 Developers at Val Upper Bachelor Gulch,Fil.1, 47 lots, 94 d.u.'s Beaver[reek Resort Arrowhead and PD-100-95-F x .014495 x$50,000 68,126.50 Bachelor Gulch, TOTAL $111,611.50 The previously submitted Vail Associates checks#601840 and#601970 returned by you have been voided. Thank you for your assistance. Sincerely, VAIL ASSOCIATES REAL ESTATE GROUP,INC. Richard D. 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