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HomeMy WebLinkAboutR83-060 - Guide to Beaver Creek PUD_..00�, RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Z 0 •; I v Bcox EAGLE P` /.CG RESOLUTION NO. J_�-_60 AUG 1 42 '03 GUIDE TO THE BEAVER CREEK PLANNED UNIT DEVELOPMENT, COUNTY­ OE EAGLE, STATE OF-COLORADO _ _ WHEREAS, on or about February 26, 1974, the Board of County Commissioners of the County of Eagle,_State -o£ Colorado ( "Board "), approved the Beaver Creek Planned Unit Development - Preliminary Plan which, inter alia-, authorized Vail Associates, - Inc. ( "VAI ") to develop 3,223 units of housing and 380,000 square feet of commercial space on an approximate 2,126 acre parcel of land generally located south of the Town of - Avon, State of Colorado, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, on or about February 1, 1978, VAI submitted a Master Plan Revision -to the Beaver Creek Planned Unit Development pursuant to Article 10 of the Eagle County Zoning Resolution dated October -19, 1974, as amended April 2, 1975, which revision requested, inter alia, a redistribution of densities within the scope of the previously approved overall densities for residential and commercial uses; and WHEREAS, on or about May 1, 1978, the Board adopted the aforementioned Master Plan Revision, and formally approved the PD zone for the Beaver Creek Planned Unit Development, pursuant to the County's land use regulations then in effect. Further, the Board specifically found and determined that the Beaver Creek PD zone submittal documents, e.g., the Beaver Creek Master Plan, dated February 1, 1978, satisfied subdivision sketch plan requirements under the Eagle County Subdivision Regulations, and that Preliminary Plans and Final Plats consistent with the aforementioned Master Plan and the Eagle County Subdivision r Regulations could be submitted for portions of the Beaver Creek Planned Unit Development on a phased basis; and WHEREAS, various other amendments and /or revisions have been approved by the Board relative to the Master Plan for the Beaver Creek Planned Unit Development including, by way of example only, variances from the Eagle County Subdivision Regulations relative -to - centerline radii of curvature -for residential streets and mountain roads (February 14, 1974), and lot frontage on dedicated streets., street and pavement widths, and preliminary plan and final platting-requirements (February 15, 1974); clarifications and refinement of definitions as set - forth within the Beaver Creek Master Plan, the administra -tive procedures relative to the plat approval process, and the accounting methods for dwelling unit density and commercial space assigned to lots within the development (November 3, 1978); revision of building set backs (May 7, 1979): building height definition for complex buildings (July 3, 1979); compact car parking space allocation (December 22, 1980); dwelling unit definition (February 24, 1981); clarification of building height limitation (March 23, 1981); allocation of fireplaces (October 6, 1981); and timesharing amendments (February 2, 1983); and WHEREAS, the Board desires to compile and incorporate into one comprehensive document the Beaver Creek Master Plan, and the various amendments and /or revisions relative thereto, for the purpose of providing a compendium-of the standards, restrictions and regulations which govern development and land use within the Beaver Creek Planned Unit Development; and WHEREAS, in conjunction with the foregoing, the Board desires to further clarify and define certain provisions and procedures set forth in the Beaver Creek Master Plan, as amended, and to establish procedures for any future amendments and /or revisions thereto; and -2- WHEREAS, consistent with the purposes and objectives set forth herein, the Board desires to adopt the "Guide To The Beaver Creek Planned Unit Development" as set forth in Exhibit "B" attached hereto and incorporated herein by this reference ( "BC Guide "); and WHEREAS, the Board did hold a public hearing on July 27; 19F -, to-consider the - -adoption of the proposed BC -Guide; and WHEREAS, public notice of the said public hearing before the Board was duly published in the Eagle Valley Enterprise on June 23, 1983, and mailed to all real property owners of record within-or adjacent to the Beaver Creek Planned Unit Development, in-accordance with Section 2.25 of the Eagle County Land Use Regulations, - 1982, -as amended, and the Planned Unit Development Act of 1972, Section 24 -67 -101 et seq., C.R.S. 1973, as amended; and WHEREAS, copies of the proposed BC Guide have _ been -made available to the public at the office of the Eagle County Department of Community Development continuously from and including the date of publication described in the paragraph next above; and WHEREAS, the Board having considered the recommendations of the Eagle County Planning Commission, testimony, statements, regulations, exhibits and other evidence presented at the said public hearing, THE BOARD FINDS AS FOLLOWS: 1. That the adoption of the "Guide To The Beaver Creek Planned Unit Development" attached hereto as Exhibit "B" is in accordance and consistent with the purposes, objectives and intent of the Planned Unit Development Act of 1972. 2. That the adoption of the BC Guide is in general conformance with the Master Plan for the Beaver Creek Planned Unit Development previously adopted by the Board, and the Eagle County Master Plan, as adopted and subsequently revised. Y M912 3. That the adoption of the BC Guide is consistent with the efficient development and preservation of the entire Beaver Creek Planned Unit Development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the Beaver Creek Planned Unit Development or the public interest, and is not for the sole purpose of conferring a spe-cial benefit upon - any person. 4. That the adoption of the BC Guide is con- sistent with the general health, safety and--w elfare of owners, - developers and residents of the Beaver -Creek Planned Unit Development, and persons within Eagle County, Colorado. NOW, THEREFORE, be it resolved -by the Board of County Commi-ssioners of the County -of Eagle, State of Colorado: THAT, the "Guide To The Beaver Creek Planned Unit Development" attached hereto as Exhibit "B" is hereby adopted by the Board as the master plan or planned unit development plan which governs development and land use within the Beaver Creek Planned Unit Development. THAT, this Resolution and the "Guide To The Beaver Creek Planned Unit Development" attached hereto as Exhibit "B" shall be effective upon the recording thereof in the real property records of the County of Eagle, State of Colorado. THAT, the Board hereby reaffirms and readopts the previous actions of the various Boards of County Commissioners of the County of Eagle, State of Colorado, in their respective approvals of the Master Plan for the Beaver Creek Planned Unit Development referred to herein, and the amendments and /or revisions thereto. Notwithstanding the foregoing, any and all provisions of the aforementioned Master Plan, amendments and /or revisions which are deemed inconsistent with the provisions of this Resolution and the BC Guide attached hereto as Exhibit "B" are hereby repealed to the extent of such inconsistency only; S41 provided, however, that such repeals shall not affect nor prevent the prosecution or punishment of any person for the violation of any provision repealed hereby for an offense committed prior to the repeal. THAT, pursuant to Section 24 -67 -106, C.R.S 1973, as amended, the provisions of the BC Guide attached hereto as Exhibit "B" relating, to- the use of land and the location of -- common open space shall -run in-favor of Eagle-County and shall be enforceable at -law or in equity by Eagle County without limitation on any power or regulation otherwise granted by law. THAT, should -an-y section, clause, provision, sentence _ or word of this Resolution, including the attached exhibit, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof,- other than th -e part so declared to be invalid. For -this purpose -, this Resolution is - declared to be severable. THAT, this Resolution is necessary for the health, welfare and safety of the citizenry of the County of Eagle, State of Colorado MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the��-�day of August, 1983, nunc pro tune July 27, 1983. ATTEST: Clerk of the Board ­of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF C TY COMMISSIONERS By - David E. Mott, Chairman Dan Williams, Commissioner W . " 117 W. Keith Troxel, Confmissioner WE ... u, - +.. ., .yam... '•Y..sr �.e.w -.<_ .__u�MYSti•..'+. ..< �t EXHIBIT "A" TO .ESOLUTION NO. 83- ` PARCEL 1 +Tiw A_parcel of land lying within Sections 11, 12, 13, 14, 23, 2Y and 25, Township 5 South, Range 82 'nest; and Section 19,' 70-wn- ship 5 South, Range 81 West of the 6th Principal meridian, Eagle County, Colorado, said parcel of land being more particularly described as follows: Beginning at a point on curve on the Southerly R;gh * -of -:ray line. Of U.S. Highways 6 and 24, whence the center 1/4 corner of said Section 12, Township 5 South, P.anle 82 West, 010'33" bears N 19 E a distance of 143.29 feet; thence the following fifteen courses along said Southerly Right- of -'::ay line o: U.S. »= gh;ays 6 a-r3 2_.. (1) 142.85 feet along the arc of a 3,770.00 foot radius curve to the left, whose central angle is 2 010'15" and whos- chord bears N 75 °21'11" W a distance of 142.84 feet; (2) N 7962421" W a distance of 197.45 feet to a point on a curve; (3) 851.55 feet along the arc of- - 1,970.00 foot radius-curve to the rig whose' central angle is °46'00'1 _24 and whose chord bears N 64°07.1, "Wa distance of 845.02 feet to a point of tangency; (4) N 5144 :1011- W a distance of 293.60 feet to a point of curvature; (5) 895.53 feet along the arc of a 2,232.00 foot radius r1 curve to the l -f- whose central angle is 23 °00'00" and whose chord bears TJ 63°1 '10" lljJ W a distance of 889.95 feet to a point of tangency; (5) 74 °44'1C' W a-distance of 496.20 feet; (7) N 79'46'32"-W a distance of 179.6: feet; (8) Ni 74 045'57" W a measured distance of 714.45 fee= (a re- corded distance of 726.20 feet) to a point of curvature; (9) 433.3= feet along the arc of a 2,790.00 foot radius X curve to the left, whose central angle is 805410011 and whose chord bears N 79 611'10" W a distance of 433.02 feet to a point; (10) N 77 00811811 iJ a distan of 132.55 feet; (11) ce ?� N 83038'10" W a distance of 1,295.90 feet; (12) S 79 025150" W a distance of 240.30 feet to a point on a curve; (13) 524.47 feet along the arc of a ,995.00 foot radius curve to the right, whose central angle is 10 02'00" and whose chord bears N 78 037110" W a distance of 523.30 feet to a point of tangency; (14) N 73 036110" W a distance of 603.50 feet to a point of curva- ture; (15) 24.70 feet along the arc of a 825.00 foot radius curve to the left, whose central angle is 1 °42'55" and whose chord bears 17 74 027137" W a distance of 24.70 feet to a point on the Westerly boundary line of the NE 1/4 NW 1/4 of said Section 11, Towns io 5 South, Range 82 West; thence S 0 °57'45" W along said Westerly bound=_ line of the NE-1 /4 NW 1/4 of Section 11, a distance of 291.97 feet to an existing rebar with plastic cap marking the :..J 1/16 corner of said Section 11; thence S 0 057145" W along the Westerly boundary lin of the SE 1/4 NW 1/4 of said Section 11 a distance of 1,333.26 feet to an existing rebar with plastic cap marking the W 1/16 corner of Section 11; thence S 88 047'36" E along the Southerly boundary line o said SE 1/4 IN 1/4 of Section 11 a distance of 1,352.49 feet to an existing rebar with plastic cap marking the center 1/4 corner of said Section 11; thence S 88 047'36" E along the Southerly boundary line of the NE 1/4 of said Section 11 a distance of 1,355.12 feet to an existing rebar with plastic cap marking the E 1/16 corner of said Section 11; thence continuing S 88 047136" E along the said Southerly boundary of the NE 1/4 of Section it a distance of 1,355.12 feet to an existing brass cap monument marking the 1/4 corner of said Sectior 11 and said Section 12, Township 5 South, Range 62 West; thenca S 005311611 W along the Westerly boundary line of said Section 12 a distance of 1,322.26 feet to the S 1/16 corner of said Sections 11 and 12; thence continuing S 0 0 53116" 1•7 along said Westerly boundary line of Section 12 a distance of 1,322.25 feet to an existing brass cap monument marking the Section corner of said Sections 11, 12, 13 and 114, Township 5 South, Range 82 'West; thence S 1 008'48" W along the Westerly boundary line of said Section 13 a distance of 1,322.67 feet to the 27 1/16 corner of said Sections 13 and 14; thence con- tinuing S 1 003'48" W along said Westerly boundary line of Section 13 a distance of 1,322.67 feet to an existing brass cap nonunent markinc ... u, - +.. ., .yam... '•Y..sr �.e.w -.<_ .__u�MYSti•..'+. ..< PARCEL 1 -2 the 1/4 corner of said Sections 13 and 1;; thence :l 88029'17" :,T along the Northerly boundary line of the SE 1/4 of said Section 14 a_ distance of 1,350.55 _et to da ezz,tir.g rebar with Mastic can marking the E -1/16 corner of said Section 14; thence continuing N- 88029'17" W along said Northerly bcundary-line of the SE 1/5 of Section 14 a distance of 1,350.55 feet to an existing rebar with plastic cap marking the center 1/4 corner o= -said Section 14,- t:henc,' N 88 029'17 " -F1 along the Northerly boundary line of 5N 1/4 of said � S-,etion 14 a distance of 1,401.37 feet to an existing rebar with plastic cap marking the P1 1/16 corner of said Section 14; thence continuing N 88 029'17" 1•1 along said :. ortherly boundary line of the SW 1/4 of Section -14 a distance of 1,401.37 feet to an existing brass cap - monument narking the 1/4 corner of said Section 1= and Section 15, Township 5 South, Rance 82 ;lest; thence S 0050'16" E_ along the Westerly boundary line -of NIN 1/4 51.1 1/4 of said Section Z� a distance of 1,310.49 feet to the S 1/16 corner of said Sections x 14 and 25; thence S 83 032157" E along the Southerly boundary line -I of NW 1/4 SW 1/4 of said Section 14 a distance of 1,381.10 feet to the SW 1/16 corner of said Section 14; thence S 0 °02'50" 'N along the Westerly boundary line'of SE 1/4 SW 1/4 of said Section 14 a dis -- I tance of 1,303.34 feet to the W 1/16 corner of said Section 1-4 and said Section 23, Township 5 South, Range 82 Vlest; thence N 88 °36'4" W along the Northerly boundary line of NN 1/4 N[1 1/41 of said Section 23 a distance of 1,360.82 feet to an existing brass can monument h marking the Northwest corner of said Section 23; thence S 0 026'08 ".' 11 along the Westerly boundary line of said Section 23 a distance of: 1,306.56 feet -to an existing brass cap moni.L.ent marking the N 1/16 corner of said Section 23 and Section 22, Township 5 South, Range 82 West; thence S 88 °41'44" E along the Southerly boundary line oft' NW 1/4 NW 1/4 of said Section 23 a distance of 1,358.92 feet to an:, existing brass cap monument marking the NN 1/16 corner of said Section 23; thence S 0 °35'48" S•1 along the Westerly boundary line of the SE 1/4 :.51 1/4 of said Section 23 a distance of 1,305.28 4 feet to are existing brass can monument marking the 14 1/16 corner of said Section 23; thence S 38643'•12" E along the Southerly boundaryl: line of the SE 1/4 Nil 1/4 of said Section 23 a distance of 1,357.39 feet to an existing brass can monument marking the center 1/4 corre: of said Section 23; thence S 88 047'17" E along the Southerly bound lire of the 14E 1/4 of said Section 23 a distance of 1,358.10 Feet to an existing rebar with plastic cap marking the E 1/16 corner of said Section 23; thence continuing S 83047'17" E along said Southerly line of the NE 1/4 of Section 23 a distance of 1,35S.10 feet to an existing brass cap monument marking the 1/4 corner of said Section 23 and Section 24, Township 5 South, Range 82 West; i thence S 0 043'05" W along the Westerly boundary line of said Sec- tion 24 a distance of 1,300.39 feet to an existing brass cap markinc the S 1/16 corner of said Sections 23 and 24; thence S 88 010'46" E along the Southerly boundary line of N:'1 1/4 S:'1 1/4 of said Section 24 a distance of 1,348.53 feet to an existing brass cap monument marking the SS1 -1/16 corner of said Section 24; thence S 0 042'07" 41 along the Westerly boundary line of SE 1/4 S;1 1/4 of said Section 24 a distance of 1,308.10 feet to an existing brass cap monument marking the W 1116 corner of said Section 24 and Section 25, I1 Township 5 South, Range 82 Slest; thence S 0023'29" E along the Westerly boundary line of the NE 1/4 NLTII 1/4 of said Section 25 a distance of 1,304.78 feet to an existing brass cap r- onument marking` the NS•1 1/16 corner of said Section 25; thence S 87 050'28" E along the Southerly boundary line of the NE 1/4 NW 1/4 of said Section 2J a distance of 1,342.58 feet to an existing brass can monument markir the N 1/16 corner of said Section 25; thence N 0 003'09" E along the' Easterly boundary line of NE 1/4 NW 1/4 of said Section 25 a dis- tance of 1,307.88 feet to an existing brass cao monument narking t`- 1/4 corner of said Sections 24 and 25; thence N 0 038'33" E along th, Easterly boundary line of SE 1/4 S:9 1/4 of said Section 24 a dis- tance of 1,313.42 feet to an existing brass can monument marking S 1/16 corner of said Section 24; thence S 86 013'30" E along the Southerly boundary line of the NW 1/4 SC 1/4 of said Section 24 a distance of 1,348.70 feet to an existing brass cap monument making the SE 1 /16 corner of said Section 24; thence S 0039'01" ;1 along th Westerly boundary line of the SE 1/4 SE 1/4 of said Section 2,' a Private Pronartv. P,.-,!gLnnivj at an existing pro7ert- the c-enter 1/4 corner of sa2_d Section 12, 5 S'),_Ith, P.tnge West 6 bears N 49C)'-16'24" E a distance of 2,131.13 feet; th;2:ic! S 60 39'215" IN a dir;tance of 416.96 feet to an ex st�r,.,Y cornc,:; I`­2nce S �`020'29" ' a i;i­ of 417.13 exist- nq ?rope.-ty cocnor, r'(jC"'O'SI" 417.:0 f c e t to an cx i s n in, pro,.._ ` corn I� r t: �,2 e 2 a rlistav��.-c (jE 417.22 Feet co th�^ ro;;it oz 17;,015 13 s c;, I � r E'2 ! t: or Ir :7 0 PAR; ::L. 1 di-_'an.._.. of 1,221.31 fe,_-t to an exist_ morass cap M.On': 7-!nt Mar%�n- E' 1 /1S carn-:� r of s a -;'- Sections 2 !; an, -d 25; zh -2n ce V, along the bounzary line of Section. 24 a .1,350.77 f22-c to an existing brass cap - mon?=.ent t­om South- east cormar of said 24; tllance -' 8'3007'10" r elor-'7* the Sout'-erly -ou, _�zv li. b nd line of sai,., Section 19, Towns-.114p 5 S, Ran---! 31 West, a distance of 1,397.65 feet to an exist-ing rebar Wit`: plastic ca5 mar k_Jn� thc Souzheast corner of Lot '; of said - Section 19; tlnenc2 N 0044 ' 2L-" E alonS the Easterly touada:.y line -of said Lot 4 a distance of1,323.18 feet to an ex-;sz4n7 reocir with plant=_ cap the- Lazz of Lots 3 and 4 of sa4d S"actis.- 19;-_-t::ence U 0044'24" E arc. 'he Easterly boundary-line of LOC-3 of S-,-;± Section 19 a eista:-ic 1,322.15 fe2z to an with plastic cap 7, _37- coca=_. o_- Lots 2 and 3 o' sa;-' Section 19; thence N OoL,3120ll 7 alons the Easterly boundary line of Lot 2 of said Section 19 a distance of 1,321.23 feet to the Nort' 1% ncast corner of Lot 2 of said Section 19; thence '1 29 W along th= Northerly bou_idary line of said Lot 2 a dista,z-_ of 1,405.61 feet to an exiistimZ rebar with plastic cap 1/16 corner of said 8eztions 19 and 24; thance N'Oo3_-'23_ -, alcnZ the Easteril.' �Oundary line of said Section 2u L diszance of 1,331-07 feet to an exis7imz brass cap monum��nt mark-ing thz ".Drth- eas-, cc;rne-z cf said Section 24; th -.:Ice N 00321,23" along ---hz Eas-cerly botindary ii n°_- of 3-a-ld Section 13, To,mship 5 Souz"-,, Range 82 West, adistance of 1,322.75 feet to an existing *_-rass caD mon,..=ient marking the S 1/15 corner of said Se for 13 anz! 5_-'ztion 1 Township 5 Scut,:, Range EI thence " 8903S'12" 'd aI07� the boundary of SE 1/4 SEE 1/4 of said Secti,n 132 a •Northerly feel -,o an cxis:Li:� brat s ca -D 1/16 corner of said Section. 13; thence N Oc).')6'OL;" _Z a_!onZ --e East- erly boundary 1-4ne of NW 1/Li SE 1/4 of said Section 13 a of 1,310.51 feet to an existinZ brass cap monu�ment mar' ing the E 1/16 corner of said Section 13, thence 0 -,L;'03".E ajZ77, the --as ,' erly boundary line of SW 114 NEE 1/4 of said Sec-,ion 13 a -,-,stance o 1,329.50 feat to an existlnZ brass cap =ont.Lment ma-r-kinz t NE 1115 corner of said Section 13; thenc--2! N (39055'46" 'W along the '.'or-zhe7ly boundary line of said I/L, NE 1/' of Section 13 a distance of 1,345.16 feet to the :; 1/16 corner of said Section 13; -:-?nce N 00_c7'5-_" E along the _Fas-,erly bounary o-- "".4 of said Section 13 a distance of 1,333.33 feet to an e-cis-zi-ng brass; cao the 1/4 c,:irner of said 13 12, Eas t,?i,-!y bount-,vy lin_ of Si! 1/1� of said Sacri'Dn 12 a Of 1,323.75 feet to an existing brass cap r.onument: parking the S 1116 corner of said S.2cz-;cn 12• thence conrinuing ; E along said Easterly boundary line of SW 1/4 of Section 1, a dis- tanca of 1,035.91 feet; thence S 52031,,7,' W a distance of 15.97 feet; thence N-2403c,'14" W a distance o_- 29.25 feet-, 11 20:5'32" 45'32" W a distance of 56.75 f2ZIt; t' ' t2nCe N 190C4?_3­;" 7- distance of 26.44 feet to Zh2 noint of begirninz-., containerZ 91,3S8,501 square feet or 2,103.47 acres, mcr e o: less, andj su!�.;ect to the follotjin� exception: Private Pronartv. P,.-,!gLnnivj at an existing pro7ert- the c-enter 1/4 corner of sa2_d Section 12, 5 S'),_Ith, P.tnge West 6 bears N 49C)'-16'24" E a distance of 2,131.13 feet; th;2:ic! S 60 39'215" IN a dir;tance of 416.96 feet to an ex st�r,.,Y cornc,:; I`­2nce S �`020'29" ' a i;i­ of 417.13 exist- nq ?rope.-ty cocnor, r'(jC"'O'SI" 417.:0 f c e t to an cx i s n in, pro,.._ ` corn I� r t: �,2 e 2 a rlistav��.-c (jE 417.22 Feet co th�^ ro;;it oz 17;,015 13 s c;, I � r E'2 ! t: or Ir :7 0 l PARCEL 2 A parcel of land lying within Section 12, _To-dn s rip 5 Sou h, o 82 Best of "the- 6th Principal feridian, Eagle Coanty, Colorado, nge _ said pa -rcel of land being more particularly described as follows: Beginning at a point of the Northerly Right -of -nay line Of U.S. Highways 6 and 24, whence the center 1/4 corner of said Sect ion 12� bears N 83 °39'13" E a distance of 154.45 feet; thence the following '. three courses along the •7esterly boundary line -of a parcel of land conveyed to State Highway Department in a- Warranty Deed dated October 1, 1975: (1) P7 11 010'10" E a distance of 130.10 fee,; (2) N 43 049 -'40" W a distance of 92.51 _eet; (3) .; 1i0_0'1C•, a distance of 5 -4.14 feet to a point in the- center of -the Eagle River; thence the following ten courses along the center of the k+ Eagle River: (1) S 86 036'05" W a distance of 259.61 feet; (2) IE' S 86 000'59" W a distance of 162.21 feet; (3) N 81 °2634" W a dis- tance of 214.88 feet; (4) N 53 042'45" W a distance of 187.29 feet; (5) N 50 010'13" W a distance of 154.96 feet; (6) N 43 °40'09" 'd - a distance of 152.41 feet; (7)-N 47 047'00" W a distance of 293.81 r feet; (8)-N W.a distance of 4S5.67 feet; (9) „ 57042' 26" W a distance of 341.00 feet; (10) 17 48 °08'55" W a distance of 132.70 feet to a point on the Northerly boundary line Of SW 1/4 h`W 1/4 of said Section 12; thence N 89032'01" W along said Norther boundary lire of SW 1/4 Ird 1/4 of Section 12 a distance of 529.76 feet to the N 1116 corner of said Section 12 and Section. 11, Town- ship 5 South, Range 82 West; thence S 0 °41'18" ;d along said Westerly boundary of Section 12 a distance of 205.76 feet to a point on the .. Northerly Right -of -:ray of U.S. ciohway 6; thence the following ele,` courses along said Northerly Right-of-Way line of U.S. Highways 6 and 24: (1) S 74044'10" E a distance of 534.28 feet to a point of curvature; (2) 759.43 feet along the arc of a 2,402.00 foot radius curve to the right, whose central angle is 18 006'54" and whose cho bears S 65 °26141" E a distance of 756.27 Feet to a point; (3) :.' 3' 17'50" E a distance of 10.96 feet; (4) S 54 042'10" E a distance o. 260.00 feet; (5) S 27 1117150" W a distance of 18.00 feet; (6) S 51 044110" E a distance of 39.70 feet; (7) S 58 °32'10" E a dis- tance of '_58.90 feet; (8) S 64 007110" E a distance of 789.20 feet ;r =r (9) S 70 °09'10" E a distance of 181.00 feet; (10) S 76 °30'10 E a distance of 17.30 feet to a point of curvature; (11) 7.69 .feet along the arc of a 3,879.00 foot radius curve to the right, whose central angle is 0 006'50" and whose chord bears S 76 026'45" E a r, distance of 7.69 feet to the point of beginning,'containing 527,1 square feet or 12.102 acres, more or less. IMII PARCEL 3 A parcel of land lying in the N;'1 1/4 SE 1/4 and in the NF 1/4 SW 1/4 of Section 12, Township 5 South, Range-82 ::est of the 6th Principal_ Meridian, Eagle County, Colorado, more part_icul�rly described as follows -: Beginning at a brass cap non =ent marking -the center 1/4 corner Of said Section 12; thence S 19000117" W a distance of 144.11 _ feet to a point on the Southerly Right- of -;•;ay line of U.S. : ig: aav 6 -and 24 said point being a point on a curve and the TRUE Po_NT OF BEGI`:7I;dG; thence 98.90 feet along a curve to the right having . a radius of- 3,770.00 feet and a c or= ; ^02 'c ear_ .g S 7_ 3 ,9" _ a distance of 98.70 feet; thence S 65043'00" E a distance of 20.4-2 feet to a point in the - center of Beaver Creek; thence along- the center of said Beaver Creek the following four (4) courses: (1) S 38022'00" 1.7 a distance of 49.67 feet; (2) S 76013'00" W a distance-of 40.40 feet; (3) S 50009'00" '.1 a distance of 60.89 feet; (4) S 52027'21" W-a distance of 25.12 feet; thence Ieaving- the center of said Beaver Creek N 240;0'10" " a distance of 39.33 feet; thence N 02049'28" :•1 a distance of 56.75 feet; thence t1 190 00'1 3" E a distance of 26.44 feet to the TR!1E POINT OF BEGL`,V�SG containing 15,682 square feet or 0.36 acres, more or less. SURVEYORS CERTIrIC_,TE 2, James L. Viele, being a Professional Engineer and Land Surveyor registered under the laws of the State of Colorado, do hereby certify that the above legal descriptions were written by me and under my supervision, and that they are correct to the best of my knowledge. Jarzs Cdlorado P.E. 6�L.$. No. 11413 L1 � 1 EXHIBIT "B" TO RESOLUTION NO, 83- GUIDE TO THE BEAVER CREEK PLANNED UNIT DEVELOP "? ENT e TABLE -OF CONTENTS Purpose _ 1 Definitions 1 Assignment of Dwelling Units and Commercial Space b Land Use Designations 7 Tract Designations- 12 Fireplace Regulations 13 Timeshare Regulations 13 Amendments 14 -i- GUIDE TO THE BEAVE -R CREEK -PLANNED UNIT DEVELOPMENT The purpose of this Guide to the Beaver Creek Planned Unit Development (the "Guide "), is to outline the_ Eagle County zoning and land use restrictions that are applicable to tracts and lots within the Beaver Creek Planned Unit Development (the "P.U.D. "). The P.U.D. authorizes a total of 3,223 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 P.U.D. is administered by the Eagle County Depart- ment of Community Development based on provisions contained within this Guide.- Building construction within the P.U.D. is governed by the Eagle County Building Resolution as amended from time to time. I. DEFINITIONS - A. Allocation of Dwelling Units and Commercial Space Document ( "Allocation Document "). The Allocation Document is the document by which dwelling units and /or commercial space is allocated to lots within one of the 19 tracts in the Beaver Creek Subdivision (see Section II hereof). B. Beaver Creek. Beaver Creek shall mean all of the real property in Eagle County within the boundaries set forth in the legal description attached hereto as Exhibit A and as amended from time to time shown in the Final Plats on record with Eagle County's Clerk and Recorder. C. Building Envelope. "Building Envelope" is each area designated as a "building envelope" on the recorded subdivision plat for the lots within the P.U.D. D. Building Height. Building height is deter- mined 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 or greater will be measured from finished grade to the respective mid- point between eave 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 s- urface 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.) E. 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 speciality and gift shops; C. restaurants; d. banks; e. barber and beauty shops; f. laundromat /dry cleaning; g, shoe repair; h. automobile repair and service; 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 /central kitchen. 2. The following uses will not be considered commercial space: a. residential or lodging facilities (including back -of- the -house support spaces) including, but not limited to: f -2- (1) employee-housing; (2) condominiums; (3) hotels (parlors, rooms, suites); - (4) lodges; (5) duplex residences-; and (6) primary /secondary 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 for 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 manangement offices; (2) ski school; (3) ski patrol; (4) lift operations; (5) lift maintenance, (6) child care centers; (7) resort :marketing /central reservations; -3- - (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) fire -house and security operations. F. Condominiums. A condominium within the P.U.D. is defined as any group of rooms created as a -fee simple estate in a defined air space within a multi -unit property. The condominium will not have more than one kitchen and all rooms -will be interconnected through doors or foyers. Within a 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 condominium dwelling unit provided that the condominium will have no 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.) G. Dwelling Unit. This term includes single family residences, secondary units, condominium units, lodge rooms, and caretaker's units, defined as follows: 1. Single Family Unit. 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 cooking facility. 2. Single Family Primary /Secondary Units. Most of the single family lots within the P.U.D. allow for a primary and secondary unit to be built as a single fee simple ownership. The secondary unit can be no more than 250 of the gross floor area of the structure, must be integral with the architecture of the primary unit, and cannot be subsequently subdivided or transferred in ownership. For purposes of dwelling unit definition, both the primary and secondary units will count as one dwelling unit each, thereby counting as two dwelling units per lot. -4- 3. Duplex Units. A d -uplex within the P.U.D. is considered to be one--multi--family project consisting of two residences within an architecturally integrated structure. If the lot is resubdivided each of the units can be owned separately as fee simple properties and ownership can-then be transferred independently. For purposes of dwelling unit definition, each duplex unit counts as -a dwelling unit, thereby counting as two dwelling units per lot. 4. Hotel Dwelling Units. The- following definitions are used in conjunction with hotel dwelling units at Beaver Creek: a. Standard Hotel Room - A room within - a hotel used primarily as a bedroom. A standard hotel room may include a bathroom, closet and balcony. Up to three standard hotel rooms may be joined by interior connecting doors into one dwelling unit. Unconnected hotel rooms will be counted as a dwelling unit each. b. Hotel Parlor - A room within a hotel used primarily as a social or living room of a hotel suite. It may have a wet bar and /or kitchen, bathroom, closets, balcony and sleeping accommodations. The hotel parlor will be considered a part of the hotel suite dwelling unit. C. Hotel Suite - Any interconnected cluster of rooms in a hotel property where each room joins directly into a common parlor, interior hallway, or common entry foyer. Any room of the hotel suite may "lock -off" from the remainder of the suite with direct access to the corridor, foyer, or outside entry and still be part of the suite. Hotel suites will be considered one dwelling unit, provided that a hotel suite will have no 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.) d. -Entry Foyer - The enclosed entry area of a hotel suite or hotel room. This entry area must have the capability of being. "locked -off" from the adjacent public space, such as lobby, circulation corridor or sidewalk. The entry foyer will be considered part of the hotel suite dwelling unit. -5- a - - - H. Parking Spaces. Twenty percent of the structured parking spaces in Beaver Creek- may be sized for compact cars_ with a minimum space dimension of 8' x 17'. The remaining - 800 of the spaces are 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 that 10' x 20'. I. Timesharing. 1. The terms "interval estate ", "timeshare estate ", and "time -span estate" will each have the meaning set forth in CRS § 38 -3 -3 -110 1973, as amended as of the date hereof (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 will 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 12 or less than 12 shareholders, members, partners or joint venturers. For purposes of this Section 2, husbands and wives will be counted as one shareholder, member, partner or joint venturer. 3. "Interval ownership interest" will include any time share unit, any organizational timeshare interest, any vacation license, or any similar plan or arrangement. II. ASSIGNMENT OF DWELLING UNITS AND COMiMERCIAL SPACE The transfer of dwelling units and commercial space within the P.U.D. is allowed. Initially dwelling units and commercial space were allocated to the 19 tracts within the P.U.D. by the Land Use Summary (P4) of the Master Plan Revision of the P.U.D. dated February 1, 1978 and given final approval by the Eagle County Commissioners on May 1, 1978. As tracts have been subdivided or developed by Vail Associates, Inc. ( "VAI "), and as future development occurs within the P.U.D., the assignment and /or transfer of dwelling units and commercial space has been and is accomplished through a two step process: A. At the-time VAI transfers property to a second party, a deed or lease is recorded. If VAI retains ownership and develops a property, or-if VAI and a property - owner agree to change the number of dwelling units and /or commercial space previously-allocated to a lot, an Allocation Document is recorded. The deed, lease, or Allocation Docu -- ment must specify the number of dwelling units and /or the commercial space allocated to the-respective property_. The Allocation Document must be signed by VAI as grantor_ and by - grantee if such a party is other than VAI. _ B. A Dwelling Unit and Commercial Space Report (the "Quarterly Report ") is submitted by VAI to the Eagle County Zoning Administrator -for review and-approval. This report is customarily issued on March -31, June 30, September 30, and December 31 and is a detailed statement of the number of dwelling units and /or commercial space which VAI has assigned to each lot within the P.U.D. via a deed, lease, or Allocation Document— The Quarterly Report also functions as a mechanism for any transfer of dwelling units and /or commercial space which may occur between lots or tracts within the P.U.D. Any transfer of dwelling units and commercial space within the P.U.D. must: 1. Only be made by VAI; 2. Be consistent with the land use category of the tracts involved; 3. Maintain the overall ceiling of 3,223 dwelling units and 380,000 square feet of commercial space approved for the P.U.D. by the Eagle County Board of County Commissioners; and 4. Be approved in writing by the Eagle County Zoning Administrator. III. LAND USE DESIGNATIONS follows: Land use designations within the P.U.D. are as A. RC - Resort Commercial Purpose: To provide accommodations, commercial space, recreational amenities and parking consistent, with the needs of a year -round resort village. -7- Uses: Lodge rooms, apartment accom- modations, condominiums and _commercial space. Timesharing: See Section VI - hereof. - Outdoor recreation amenities_ consistent with the needs of a year -round resort including, but not limited to, ski slopes and facilities, tennis facilities, swimming pools, volley ball courts,-picnic facilities, ice skating, etc. Resort services space necessary for the support of the resort function including, but not limited to, convention space, meeting rooms, receiving and delivery space, and recreation administration. Set Back. No minimums except sufficient to accommodate utilities, drainage, access, fire code regulations, and flood plain of live streams, except where noted on plans. Maximum Building Height: 55 feet except for architectural features such as towers, steeples, etc. as judged appropriate by the Eagle County Zoning Administrator. Parking Requirements: Hotel and Lodges 0.5 spaces per unit Condominiums 1.0 space per unit Commercial Space 1.0 space per 1,000 sq. ft. Restaurant 1.0 space per 10 seats In the determination of parking requirements, fractional values will be carried to the sum which sum will be rounded to the next highest integer. Parking will be provided on- site or within the zone district: B. RHD - Residential, High Density Purpose: -To provide housing for employees. _ Uses: Apartments, rooming houses, and dormatories. Accommodations suitable for the employee from the standpoint of demand and economics. Density nbt to exceed 30- units per acre. Commercial space may be provided for convenience shopping and eating. Off season use may be expanded to include -short term guest rental when lack of employee housing demand creates vacancies. Set Back: No minimums except to accommodate utilities, drainage, access, fire 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 gross residential area. Maximum of two spaces per dwelling unit. C. RMD - Residential, Medium Density Purpose: To provide townhouse type residential development of medium density. Uses: Townhouse type accommodations up to 12 units per acre. Set Back. No minimums except sufficient to accommodate utilities, drainage, access, fire 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 -gross residential area. Maximum of two spaces per dwelling unit. D. RLD - Residential, Low Density Purpose:- To provide low density neighbor hoods which are protected from conflicting uses. Uses. Single family primary /secondary and duplex development up to six dwelling units per acre or such lesser amount as is allocated to each lot. Set Back: Within the RLD zone, all building improvements must be within the building envelopes as shown on the final plats; however, minor encroachments may be permitted for roof overhangs, balconies, service areas, porches, patios, carports and garages. Maximum Building Height. *35 feet. Parking: At such time as any building improvements are completed on any lot within the affected property, such building improve- ments must provide a minimum of two parking spaces per dwelling unit constructed on such lot. With respect to building im- provements containing more than *Pursuant to the Beaver Creek Design Review Board Regulations, building height limitation for the following lots is restricted to 25' (calculated as defined). Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28 and 29 Tract J, (Block 1). -10- _ 3,000 square feet of gross residential floor area, one off- street parking space per - _bedroom is required. Such parking requirements may be provided by "stacking ". For - purposes of this document, "stacking" means the parking of a car behind any other car- as long as there is sufficient space. E. RS - Resort Services Purpose: To provide support functions for resort operations. Uses: Uses include, but are not limited to, parking, vehicle maintenance, building and grounds maintenance, offices, warehousing, central kitchen facilities, guest reception and reservations, residential units, transportation terminal and other related activites. Set Back: No minimums except to accom- modate utilities, drainage, access, fire code regulations and flood plain of live streams. Maximum Building Height: 35 feet, except for architectural features, such as towers, steeples, etc. as judged appropriate by the Eagle County Zoning Administrator. Parking. Each Resort Services tract will provide parking sufficient to meet the needs of such -tract, based upon a generally accepted parking standard approved by the Eagle County Zoning Administrator. F. OSR - Open Space Recreation Purpose: To promote scenic and recreation activities of the natural ` environment. -11- 12- Uses: All winter and summer recreation_ _ activities compatible with the valley's environment. This includes, but is not limited- -to, facilities related to - skiing, golf, tennis, fishing, horseback riding, hiking_and- outdoor entertainment. Set Back: No minimums except to - accom -. - modate utilities, drainage, access, fire code regulations and flood plain of live streams. Set back applies to building structures only. Maximum Building Height: 35 feet. Parking. Each Open Space Recreation tract will provide parking sufficient to meet the needs of such tract, based upon a generally accepted parking standard approved by the Eagle County Zoning Administrator. IV. TRACT DESIGNATIONS The following list identifies the 19 Tracts which comprise the P.U.D. and their respective land use categories. Land Use Designations for each lot must be included on the face of any plats recorded for the P.U.D. Tract Category A RC & OSR B RH D C RMD D RMD E RMD F RLD G RLD H RLD I RLD J RLD K RLD L - - - RLD M RS N RS & RC 0 RS P RS Q RS R RS S OSR 12- V. FIREPLACE REGULATIONS- A. Unless further-stipulated through written authorization from the Beaver Creek Design Review Board and Eagle County, fireplaces in Beaver Creek will be limited to- one per dwelling unit and one per - restaurant. Each fireplace will be equipped with a heat sensing monitor and a no burning light. Technical data - relating to these requirements is available from the Beaver Creek Metropolitian District offices. B. In a primary /secondary structure which contains two dwelling units, two fireplaces are allocated. The fireplaces may be distributed equally- between the primary/ secondary units or may be allocated to one unit. VI. TIMESHARE REGULATIONS A. Limitation on Interval Ownership Sales. No interval ownership interest involving real property within the Beaver Creek Subdivision may be sold unless such interval ownership interest has-been approved by the County as set forth in the Timesharing Amendment to the Beaver Creek P.U.D. (the "Amendment ") recorded with the Clerk and Recorder of Eagle County, Colorado, on �Lccf �`� R 6 , 1983, in Book 3 „, at Page k G , (attached as Exhibit E). The County 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 of the Beaver Creek P.U.D. and persons within Eagle County, Colorado. B. Resort Commercial Zone. Time -span estates, interval estates, and organizational ownership interest are allowed within the Resort Commercial Zone of the P.U.D. C. Resort Low Density, Resort Medium Density, and Resort High Density Zones. No interval ownership interests are allowed within the Resort Low Density, Resort Medium Density, and Resort High Density Zones of the P.U.D.; however, corporations, partnerships, or joint ventures having 12 or less stockholders, members, partners or joint venturers may have arrangements providing for the sharing of the right to use real property on a regular basis. -13- D. Vacation Licenses Prohibited. Notwithstanding any other provision her_eo-f, vacation licenses are prohibited within the P.U.D. E. County Review.- Prior to the sale of any interval ownership interest involving real property in the P.U.D., the owner of the real property on which such interval ownership interest is located shall submit to the County, and the County shall have approved, a Disclosure Statement- more fully described in the Amendment. VII. AMENDMENTS Upon approval by the Eagle County Board of Commis- sioners, the Guide will be recorded with the Clerk -and Recorder of Eagle County, Colorado. A. Substantial Amendments. No substantial modification, removal or release of the provisions of the P.U.D. shall be permitted except upon a finding by the County, following a public hearing called and held in accor- dance 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 P.U.D., does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the P.U.D. or the public interest and is not granted solely to confer a special benefit upon any person. For purposes of meeting the public notice require- ment established by Section 24- 67- 104(1)(e), the term "adjoin- ing land owners" shall mean all owners of real property within the P.U.D. as well as owners of land abutting upon or across the street from the P.U.D. 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 provis- ions of the P.U.D.: 1. Any increase in the total number of dwelling units or commercial space allowed within the P.U.D.; -14- 2. Any change in zone classification of any land within the P.U.D,; 3.__ Any removal or release of any land from the P . U. D. ; o-, - 4. Any other matter which the Commissioners determine is a "substantial modification, removal -or release ". B. Other Amendments. Any modification, removal or release of provisions of the P.U.D.'which is not a "sub- stantial modification, removal or release" 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 Board of 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 Commis- sioners' hearing. C. Interval Ownership Plans. Any hearing with respect to any interval ownership plan within the P.U.D. may be held only after (i) notice is published as set forth in Paragraph B above, and (ii) at least 15 days written notice by first class mail has been given to each developer owning land in the Beaver Creek Resort Commercial Zone and to each condominium owner's association of a condominium project within the Beaver Creek Resort Commercial Zone. For purposes of such notice "developer" shall mean each owner of land within the Beaver Creek Resort Commercial Zone except an owner of a condominium unit. D. Minor Modifications. Minor modifications in the location, setting, bulk of structures, height or charac- ter of buildings may be authorized by the Eagle County Zoning Administrator if required by circumstances not fore- seen at the time of preliminary plan approval. Minor changes which may be approved by the Eagle County Zoning Administrator include the following: 1. Landscape Plans; 2. Parking Facility Distribution and Con- figuration; -15- ti- - 3. Utility and Drainage - Easements; and 4. Transfer of Dwelling Units and Com- mercial space between Tracts, as "Tracts" are defined -in the Beaver Creek Master Plan. E. Building Envelope Amendments. In the RLD zones, Building Envelopes may be amended by the owner sub- mitting to the Eagle County Zoning Administrator the following documents: 1. The names, mailing addresses and written approval to amend the Building Envelope signed by the owner of each lot which abuts, or is directly across a street or road from, or which has a property line within 75 feet of the lot for which the amendment is requested; and 2. An amended plat showing both the old and new Building Envelope. The Eagle County Zoning Administrator will review the above listed documents and, if complete and in accordance with sound land use principles, will submit the amended plat to the Board of County Commissioners for their signature. Except as set forth above, Building Envelope Amendments must be placed on the Eagle County Board of County Commissioners' planning agenda and each owner of a lot which abuts, or is directly across a street or road from, or which has a property line within 75 feet of the lot for which the amendment is requested, must be given 30 days prior written notice of the amendment hearing. Any decision by the Eagle County Zoning Adminis- trator may be appealed by any interested party to the Board of County Commissioners within 30 days after such decision. -16- EXHIBIT_ A ?.U.D. GUIDF w tzrl c-' iJ o m' d tND o O Q? 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'' w O v N N m Cn y W w F. d O y tq 7 y O -i tD z 0 O n 7" ° C 0 o w m 7 O w d CT O C" 7 Q -- Z N O to A 7 7 7 C'S 7 trait 9 CD to 12 m w a r- Cn mS 7 w C 0- 7 Z N N S tD °1 O d m 0 O t0 A 7 7 °0 0 w Om < m0 f v 0 O 0 O 7 D m j 0 m (D0(nw w tD Wa,o Cn o: w Zw O Owe w a m m EL E\/AT ION 1 J K L7 M N O L 2 A B' D n - - r r, � in D A 0 z D 0 JU m m m — iJm-1 p .i D z N {p C m Z � m < O o m n p G) m o z = � -{ _ . m c x w _ � a � > rJ C O o Z Z O m m � m � r = O n = to m _ m C7 m CCl) -+ _ N + f- 0 tz O m o N n In f --t > > 7� M r U Z m r m D O EL E\/AT ION 1 J K L7 M N O L 2 EXHIBIT B' - P.U.D GUIDE CD in \ \ \\ \ LL 1 I LO D 3 0 z I � D o Z o T 31 1 J K L M N n 0 O EL E\/AT ION 1 J K L7 M N O L 2 r EXHIBIT- C P.U.D. GUIDE- EXAMPLE -OF PERMITTED LOCK- OFF -UNIT EXHIBIT- C P.U.D. GUIDE- EXAMPLE -OF PERMITTED LOCK- OFF -UNIT 33 33.110, Time'-sharing - defini(ions, As used in this section and section 3S -33 -1I I,'unless the context otherwise requires; (1) "Intery ;ll cst,mc" ;.:.ns a combination of; (1), An,cstatc for year; terminating on n ante certain, during which years gtil ;e to a time shnrc unit clrcu!otes among the interval owners in accordance Hwiih n fixed schedule, vesting in e ;1ch such interv,,d owner in turn for ;t period (Do( time established by the said schedule, with the series thus established .recurring innuilly until the irrival of the date certain; and Q (1i) A vested future interest in the same unit, consisting of an undivided �Dintcrest in the rcmiindcr in fee simplc, the mn,nitude of the future interest w l6ving been established by the timc,of the creation of the interval cstntc Q tither by the proj'ect,instrumcnts or.by the deed coi)vcying the intcrval cstntc, E, The esmIc for ycar,s shall not be deemed to m,cr,e with the future interest, H but neither the cstntc for years nor the future interest shall be conveyed or H umbercd scparmely from the other, r ) "lnterval estate" also mcans an estate for years as described in w s-bpirigriph (1) of parncr ;vph (n) of this subsection (1) where the remainder cs,a'tc, is defined either -by the project instruments or by the deed conveying the in(crval estate, is rc(nined by the dcvc!o;)cr or his successors in in ',crest. (2) "Interval owner" mcans a person vested with legal title to nn intcrval CSI;IIC, ' (3), "Inicrvnl unit" mcans a unit the title to which is or is to be divided info Inlay d cstalcs; (4) "Projccl, ii,strume,nts" mcans the declarilion, the bylaws, and any o(hcr scl of restrictions, or,reslricli.YQ c'ovcn;inls,,by whillcm- name denonli• na(ed, which limit or restrict the use or occupancy of condominium units, 'Projcct instrumcn'ts" Induces any lnwfu) ;uncridnicrils to such iny'•umcnls, ?ro;cct ins,trum.ents" dots not include tiny ordinance or o(hcr public rc,gul ;I• ,ion ^_ovcrning subdivisions, zoning, -or other 1;1nd use millers, 5) ' "Time .sharc cslitic" me ;ins either nn interval estate or n lime -span t le. (6) "Time share owner" means a person vested with legal title; to a Iimc •,sharc estate, (7) "Time shnrc unit" mcans n unit the title to which is or is to be divided cilh-,r into interval cst;ttcs or (imc• span cstalcs, "'Time -Npnn ctitatc" mcans n combination of; ' (;1) An undivided interest in a present cs(atc in fee simple in n unit, the matt ;niludc of the interest h ;IvinL,,, been cstab!ishcd by the lime of the cren(Wil of the Iimc -sp ;m cstntc either by the project insu•umenls or by the deed con- vcv:nq the tints'- sr,;;n cst :i1c: ;lnd '(f) An exclusive right to possession ,ind occupancy of the unit during nn anna ;dly 'rMlr•rine period of lime defined and cslllblishcd by It recorded sch�dylc sct forth or rcfcrrcd'l,o in the deed conveying the timc•spin cst ;Ilc, ('�) r "1'rmc•spnn owncr" mcans n 'persol) vested with ICU :11 lice to ;t Iimc• span t:Sltilt;. (i4) "'I'imc -span unit" mcans a unit the title to which is or is (o be divit!cd -' (_0IWUI11;(1IU111 QWI)C1111,i) Al k J(N •J ) - I (I I) "Unit owner" means i person vested with Icg d title to n unit, Ind, in the c;lse of n time shire unit, "unit owner" mcans all or the time sharc owners of lint unit, When an estate is subject to n deed of trust or I trust decd, "unit owner" means the person entitled to beneficiil enjoyment of the cs►ate and not to, any trustee or trustees holding title ncrciy is security for an obligation. Source; L. 77, p, 1716, § 1, Enaclmcnl ur seellon nol chonge or use of increasing the use or the Iond. Doard of I, nd,'11c unactmcm ur )his scct;un ;lnd sect ;on County Cunlm'rs v, ColurAu Dd. ur /lsimt, 3 •33.111 is not Inntnmoun( lu ;I ch;Ingc ur the Appe.ils, _ Culu. 1pr. f,Is f .'_d IS6 use of the kind nur is it ;t new rceul;Iliun (199 I), 38- 33.111, Spcci ;ll provisions ;tpplic,.J)lc to link tithe ownership, (1) NC time share estates shall be created with respect to ;iny condominium unit except pursu;u)( to provisions in the prujecl ins(lumenls expressly permitling the creation of such es(a(es. Lich time sharc es►a(e sh ;dl constitute fur ill purposes ;In estnle or interest in re;11 property, scparole tend distinct from ;Ill other time shire cstalcs in the same unit or any other unit, and such cstalcs may be scpnrntcly conveyed and encumbered, (2) RcpCn!cd, L. 79, p, 1397, § 2, cffcctivc ,stay 22, 1979, (3) Will, respect to catch time slinre unit, catch owner of i lime shnrc cstalc (herein Omll be individually liable to the unit owners' ;lssocimion or eorporl• lion for all is,;cstmcrits, properly taxes both rc;d ;Intl personal, and chnrges levied pursuant to the project instruments ,ig.ninsl or with respcct to ;hat uni(, ;Ind such nssoci;ltion or corporation shall be li;lble for the payment thereof, except to the extent tint such instrumenls provide to the contrary, However, will) rC',pecl to catch other, each time sh ;Ire owner sh;lll bC responsible only fur n fraction of such nssossmcnls, properly Ines both rcill ;Ind personal), ;Ind cbrges prbporlionntc to the magnitude of his undivided in(erest in- 111C [cc to i`,c unit, (4) No t)crson shall have standing to bring suit fur p ;irtkion of any lime sharc unit cxccpt in occordancc wish such procedures, con(Jilions, restrict, lions, ;Intl limim(ions ;Is the projcci inslrumms ;Ind the (1cek to the lime sharc c�(nles m ;Iy specify, Upon the entry of a find order in such n soil, it sh ;ill be conclusively presumed (halt all such pruct:dures, conditions, restriv. lion~, ;Intl Ilmll;ltions were m1hercd to. (5) In the event that nay condcmnntion award, tiny insurnnce proceeds, Ole procecdk of any sane, or ;lay other sums shall become p ;ty ;tblc to ;111 of the time sh ;trc owners of a unit, the portion payable to cich time shnrc owncr 01 ;01 be to the r11;u�nilude of his undivided in(erctt in the fee tU thnilli:, <nurrr- ?, 11 t) 1717 f, 1' t., 70 -n 1107 6 b 1 I. Clerk's Note: This document is a poor copy and will not photofi�' - _ EXHIBIT -E P.U.D. GUIDE - ,`!'`� `1'HE- AMENDED • AMENDMENT TO THE BEAVER -CREEK PLANNED UNIT DEVELOPMENT Timesharing 7/27/83 I. DEFINITIONS A. The terms "interval estate ", "timeshare- -- estate ", and "time -span estate" shall each have the -meaning set forth in CRS § 38 -33 -110 .(197.3)- as _amended, as of the date hereof. B. "Organizational timesharing interest" shall mean any arrangement by, through or under which the owners of stock in any corporation, the members of any nonprofit corporation, the partners in any general or limited partner- ship, or the joint venturers in any joint venture shall arrange by any means, formal or informal, to share the right to use real property on a regular basis; however, "organi- zational timesharing interest" shall not include.any arrange- ment involving a corporation, partnership or joint venture when there are twelve or less than twelve shareholders, members, partners or joint venturers. For purposes of this Section B., husbands and wives shall be counted as one shareholder, member, partner or joint venturer. C. "Vacation License" shall mean any other arrangement, formal or informal, under which more than- _ twelve persons or entities share the right to use real property on a regular basis. D. "Interval ownership interest" shall include any time share unit, any organizational ti.-reshare interest, any vacation license, or any similar plan or arrangment. II. LIMITATI -.. ON INTERVAL OWNERSHIP _LES No interval ownership interest involving real - property within the Beaver Creek Subdivision may be sold unless such interval ownership interest has been approved by- the- County as set forth in-Article VI hereof and such _ 'interest meets the requirements set forth in Article III or Article IV_ III. RESORT COM21ERCIAL _ZONE Time -span estates, interval estates and organi- zational ownership interests are allowed within the-Resort Commercial Zone of the Beaver Creek Planned Unit Development. IV. RESORT LOW DENSITY-, RESORT- MEDIUM DENSITY AND RESORT HIGH DENSITY ZONES No interval ownership interests are allowed within the Resort Low Density, Resort Medium Density and Resort High Density Zones of the Beaver Creek Planned Unit Develop- ment; however, corporations, partnerships or joint ventures having twelve or less shareholders, members, partners or joint venturers may have arrangements providing for the sharing of the right to use real property on a regular basis. _ V. VACATION LICENSES PROHIBITED Notwithstanding any other provision hereof, vacation licenses are prohibited within the Beaver Creek Planned Unit Development- -2- �..�� �..-� � -- +..-- ��.-- �+....�.�r • .- �--- -. ..r.- ... __ •i+r. -t.. r'• ..vs ��-••- •_. -►ICY �.r _..- r :-Y �-... .r. _r. t VI. COUNTY REVIEW - A. -Prio :o the sale of any int, al-ownership '! interest involving real property in Beaver Creek, the owner of the property on which such interval ownership interest is located shall submit to the County, and the County shall have- approved, the following: (1) 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: (a) A full description of the interval ownership interest being offered for sale; (b)- The owner's 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 they will be apportioned; (c) 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, decribe whether funds are presently available for construction of the amenities and the source of such funds; -3- d �• (d) A description cif t parking available to the, owner -of -an interval ownership inter- est,- and the manner in which such parking spaces will be allocated and controlled; (_e) Th-e _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; (f) 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 contemplatedZ (g) A summary of how the interval ownership interest will be managed, who will initially manage it, and how the manager may be changed; (h) 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 the interests which will not be offered as interval ownership interests and any likely material consequences thereof. -4- The unty -may di- sapprove tj lisclosure - ` ;E'•` ,i 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. (2) Marketing Plans. A description- of the marketing plans by which the interval ownership interests will be offered to the public, the mar k-eting plan- -shall include:' (a) 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 initial licensed broker or dealer; (b) Information as to whether gifts, travel allowances, meals, drinks, entertain- ment or other inducements will(may) be offered to prospective buyers; (c) Information as to the location of any on -site sales office (if any) and if so, the impact on parking and vehicular access. The County 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 MIC traffic problems are likely, or if it is inconsistent with the - general health, safety and wel -fare of persons within -Eagle County. Any material-change-in-the marketing plans-must- be approved by the County prior to sales being concluded -as a result of such changed marketing plans. _ B. Any hearing with respect to.any interval ownership plan within the F.U.D. may be held only after (i) written notice 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 Board of 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, and (ii) at least 15 days written notice by first class mail has been given to each developer owning land in the Beaver Creek Resort Commercial Zone and to each condominium owner's association of a condominium project within the Beaver Creek Resort Commercial Zone. For purposes of such notice "developer" shall mean each owner of land within the Beaver Creek Resort Commercial Zone except an owner of a condominium unit. C. The County 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). WAS • �i! < traffic problems are likely, or if it is inconsistent with the - general health, safety and wel -fare of persons within -Eagle County. Any material-change-in-the marketing plans-must- be approved by the County prior to sales being concluded -as a result of such changed marketing plans. _ B. Any hearing with respect to.any interval ownership plan within the F.U.D. may be held only after (i) written notice 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 Board of 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, and (ii) at least 15 days written notice by first class mail has been given to each developer owning land in the Beaver Creek Resort Commercial Zone and to each condominium owner's association of a condominium project within the Beaver Creek Resort Commercial Zone. For purposes of such notice "developer" shall mean each owner of land within the Beaver Creek Resort Commercial Zone except an owner of a condominium unit. C. The County 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). WAS D. The County 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 of the Beaver Creek P.U._D. and persons within Eagle County, Colorado. E. Within 30 days after the public hearing, the Board of County Commissioner -s shall either approve, disapprove, or table the sale of interval ownership interests in writing. Any disapproval or tabling shall state -the reasons therefore in reasonable detail. Approved by the Board of County Commissioners of Eagle County, Colorado on this day of 1983. COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS ATTEST -:. David E. Mott, Chairman Cl "erk of the Board of W. �-.. / County Commissioners Troxel, Commissioner a -7-