HomeMy WebLinkAboutR88-075 Amended and Restated Guide for Beaver Creek PUDCommissioner �j IL( cW moved adoption of
the following Resolution:
BOARD OF COUNTY COMMISSIONERS
soox. COUNTY OF EAGLE, STATE OF COLORADO' Cry
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PAGE -... RESOLUTION NO. 88-7S- S- U!,
IN RE THE MATTER OF ADOPTING THE AMENDED AND RESTATED GUIDE
TO THE BEAVER CREEK PLANNED UNIT DEVELOPMENT
Whereas on or about May 17, 1988, the County of Eagle,
State of Colorado, accepted for filing an application submitted
by Vail Associates, Inc. (hereinafter "Applicant ") for amendment
of the Beaver Creek Planned Unit Development, Avon, Colorado
(hereinafter the "PUD); and
Whereas on May 1, 1978, the Eagle County Board of
County Commissioners (hereinafter "Board ") authorized the Beaver
Creek Planned Unit Development, pursuant to the Eagle County Land
Use Regulations then in effect and pursuant to the Planned Unit
Development Act of 1972, 24 -67 -101 C.R.S., et seq, and
Whereas, on August 20, 1983, the Eagle County Board of
Commissioners approved the Guide to the Beaver Creek PUD by
Resolution 83 -60 which compiled and incorporated into one
comprehensive document the Beaver Creek PUD and various
amendments and revisions thereto; and
Whereas, this Amended and Restated Guide to the Beaver
Creek PUD (the "Guide ") amends and restates, in its entirety, and
supersedes the previously approved Guide to the Beaver Creek PUD.
The purpose of this Guide is (i) to reiterate and clarify the
standards, restrictions and regulations which govern development
and land use within the Beaver Creek PUD, (ii) to incorporate
into this Guide amendments to the Beaver Creek PUD previously
approved by the Eagle County Commissioners and (iii) to set forth
additional amendments to the Beaver Creek PUD to be incorporated
into this Guide; and
Whereas, at its public hearing held July 20, 1988, the
Planning Commission, based upon its findings, recommended
approval of the proposed PUD amendment guide; and
Based on the application, exhibits and testimony before
it,
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THE BOARD FINDS AS FOLLOWS:
1. The proposed Amended and Restated Guide to the
Beaver Creek Planned Unit Development is consistent with the
Eagle County Land Use Regulations, Section 2.06.13, et seq.
2. The amendments are consistent with the efficient
development and preservation of the entire Beaver Creek PUD and
Master Plan.
3. The proposed amendments do not affect in a
substantially adverse manner either the enjoyment of the land
abutting upon or across the street from the PUD or the public
interest.
4. The proposed amendments are not granted solely to
confer a special benefit on any one person.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the proposed amendments to the Beaver Creek PUD
are hereby granted.
THAT, the amended and restated guide to the Beaver
Creek PUD be and is hereby approved.
The Board finds, determines, and declares that this
Resolution is necessary for the health, safety, and welfare of
the inhabitants of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED
Commissioners of the County of Eagle,
regular meeting held the 6�9�i day
Nunc pro tunc the 2nd day of August,
"County Commissioners
by the Board of County
state of Colorado, at its
of Aw 1988.
1988.'
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
George X. Gates
Chairman
Dona H. Welch
Commissioner 0 �0} „) seconded adoption
of the foregoing resolution. The roll "having been called, the
vote was as follows:
Commissioner George A. Gates,
Commissioner Donald H. Welch
Commissioner Richard L. Gustafson
This Resolution passed by C{ t/}� g1; r�tiDG�s vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
0
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RE
AMENDED AND RESTATED
GUIDE TO
THE BEAVER CREEK PLANNED UNIT DEVELOPMENT
Dated July 26, 1988
I.
II.
III.
IV.
V.
VI.
f4 VII.
VIII.
IX.
X.
XI.
XII.
XIII.
TABLE OF CONTENTS
Purpose
1
Definitions
1
Assignment of Dwelling Units and Commercial
Space
6
Land Use Designations
8
Special Use Permit
15
Assigned Land Use Designations
16
Fireplace Regulations
17
Timeshare Regulations
18
Recordation
21
Amendments to the Beaver Creek PUD
21
Minor Modifications
22
Building Envelope Amendments
23
Other Provisions
24
AMENDED AND RESTATED GUIDE TO
THE BEAVER CREEK PLANNED UNIT DEVELOPMENT
I. PURPOSE.
On May 1, 1978, the Eagle County Board of County
Commissioners (the "Eagle County Commissioners ") authorized the
Beaver Creek Planned Unit Development (the "Beaver Creek PUD"),
as defined below, pursuant to the Eagle County Land Use
Regulations then in effect and pursuant to the Planned Unit
Development Act of 1972, C.R.S., 1973 (the "Planned Unit
Development Act ").
On August 20, 1983, the Eagle County Commissioners
approved the Guide to the Beaver Creek PUD by Resolution 83 -60
which Guide compiled and incorporated into one comprehensive
document the Beaver Creek PUD and various amendments and
revisions thereto.
This Amended and Restated Guide to the Beaver Creek
_ PUD (the "Guide ") amends and restates, in its entirety, and
supersedes the previously approved Guide to the Beaver Creek
PUD. The purpose of this Guide is (i) to reiterate and clarify
- the standards, restrictions and regulations which govern
development and land use within the Beaver Creek PUD, (ii) to
incorporate into this Guide amendments to the Beaver Creek PUD
previously approved by the Eagle County Commissioners and (iii)
to set forth additional amendments to the Beaver Creek PUD to be
incorporated into this Guide.
The Beaver Creek PUD 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 Beaver Creek PUD is administered by the
Eagle County Department of Community Development based on
provisions contained within this Guide. Building construction
within the Beaver Creek PUD is governed by the Eagle County
Building Resolution as amended from time to time.
II. DEFINITIONS.
A. Beaver Creek PUD. The Beaver Creek PUD is a zone
district authorized by the Eagle County Commissioners on May 1,
1978 pursuant to the Planned Unit Development Act according to
the terms and conditions of the Master Plan Revision to the
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Beaver Creek Planned Unit Development dated February 1, 1978, as
amended from time to time, and contains all the property
described in Exhibit A, as amended from time to time.
B. Building Envelope. Building envelope specifies
the boundaries within which improvements may be constructed on a
particular property, as designated on a recorded subdivision
plat for property within the Residential Low Density Land Use
Designation.
C. Building Height. Building height is determined
as follows: a vertical distance will be taken at a series of
points at equal intervals around the perimeter of the building.
The intervals may be of any equal distances less than 30 feet
each. Within each interval, the height of any roof with a
horizontal projection of 10 feet or greater will be measured
from finished grade to the respective mid -point between eaves
and ridge. These heights are then averaged to determine the
height for that specific interval of the building. Finally, the
height of the building is determined by averaging the heights of
all intervals around the building. Finished grade for purposes
of these height calculations is the final elevation of the
surface material (soil, paving, decking, or plaza) adjacent to
the building at the specific interval point as shown on the
architect's site plan. (Example attached as Exhibit B).
D. Commercial Space. Commercial space is any area
which may be used, rented or leased for the purpose of
generating retail business or consumer services with the intent
of producing a financial profit.
Commercial Space is measured from the inside of
finished walls and shall include offices and storage spaces
contiguous with the primary area but does not include auxiliary
storage in remote areas.
1. Except as specifically provided below,
Commercial Space includes, but is not limited to:
a. business and professional offices;
b. retail 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;
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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.
2. The following uses will not be considered
Commercial Space:
a. all residential and lodging facilities
(except for areas used specifically as
enumerated under Subparagraph 1 above)
including, but not limited to:
(1) employee housing;
(2) condominiums;
(3) hotels;
(4) lodges;
(5) duplex residences;
(6) primary /secondary residences;
(7) single family residences; and
(8) townhouse residences.
b. meeting rooms;
C. banquet rooms;
d. educational classrooms;
e. cultural facilities including, but not
limited to:
(1) churches;
(2) museums; and
(3) performance theaters made available
for live performances of artistic
merit.
f. recreational facilities or athletic
facilities including, but not limited to:
(1) health spas;
(2) swimming pools;
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(3) sports courts;
(4) equestrian facilities and horse
operations;
(5) golf club maintenance and
operations facilities; and
(6) tennis maintenance facilities and
locker rooms.
g. resort services (any area used for
operation of the Beaver Creek Resort)
including, but not limited to:
(1) operations staff and resort
management offices;
(2) ski school;
(3) ski patrol;
(4) lift operations;
(5) lift maintenance;
(6) child care centers;
(7) resort marketing /central
reservations;
(8) personnel;
(9) property management functions
including, but not limited to:
(a) bus maintenance; and
(b) building maintenance.
(10) ticket operations;
(11) snowmaking facilities; and
(12) firehouse and security operations.
E. Dwelling Unit. (i) One or more rooms occupied by
one family or group of people living independently from any
other family or group of people and having not more than one
indoor cooking facility or (ii) an aggregate of hotel or lodge
rooms as provided below:
A hotel or lodge room is a room within a
hotel or lodge used primarily as a bedroom for transient
lodging. A hotel or lodge room may include a bathroom, closet
and balcony. Three hotel or lodge rooms will be counted as one
Dwelling Unit as long as (i) none of such rooms contain more
than 600 square feet of interior space, and (ii) no more than
one indoor cooking facility is included within the three hotel
or lodge rooms being counted as one dwelling unit. Any hotel or
lodge room containing more than 600 square feet of interior
space shall be counted as one dwelling unit. In the computation
of total Dwelling Units for a given hotel or lodge project, any
fractional value shall be rounded to the next highest integer.
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The following terms shall expand and clarify the
definition of Dwelling Unit.
1. Primary /Secondary Structure. A
primary /secondary structure consists of two Dwelling Units
within a single fee simple estate: one primary unit and one
secondary unit. The secondary unit can be no more than 25% of
the Gross Residential Floor Area of the Primary /Secondary
Structure, must be integral with the architecture of the primary
unit, and cannot be subdivided or separately conveyed or
transferred in ownership.
2. Duplex Structure. A duplex is considered to
be one multi- family project consisting of two residences within
an architecturally integrated structure. If the property is
resubdivided each of the units can be owned separately as fee
simple estates and ownership can then be conveyed or transferred
independently. For purposes of Dwelling Unit definition, each
residence counts as a Dwelling Unit, thereby counting as two
Dwelling Units per structure.
3. Condominium. A condominium is defined as
any group of rooms created as a fee simple estate in a defined
air space within a multi -unit property. For purposes of
Dwelling Unit definition, only condominiums which are considered
' residential condominium units shall be counted as Dwelling
Units. The residential condominium will not have more than one
kitchen and all rooms will be interconnected through doors or
foyers. Within a residential condominium, any bedrooms that
connect by doorways directly into the living room, dining room,
kitchen or entry foyer are considered part of a single Dwelling
Unit. These rooms may "lock -off" from the remainder of the
suite with direct access to a corridor or outside entry but
would still be considered part of the residential condominium
Dwelling Unit provided that the condominium will have not more
than two lock -offs and one kitchen per Dwelling Unit. For the
purposes of this document, two lock -offs will mean that the
Dwelling Unit may be divisible into not more than three
separately occupiable rooms or suites whether including the
kitchen or not. (Example attached as Exhibit C.)
F. Floor Area. Floor Area means the sum of the
gross horizontal areas of all floors of a building measured from
the outside of all exterior walls, including penthouse, lofts,
stairways, fireplaces, halls, useable and habitable attic space,
and not including basements or areas designed for parking or
loading within the building.
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G. Parking Spaces. Twenty percent of the structured
parking spaces in the Beaver Creek PUD may be sized for compact
cars with a minimum space dimension of 8' X 171. The remaining
80% of the spaces is required to be not less than 9' X 181.
This requirement applies to structured parking only, and all
exterior parking spaces will not be less than 10' X 201.
H. Timesharing.
1. The terms "interval estate ", "timeshare
estate ", and "time -span estate" will each have the meaning set
forth in § 38 -33 -110, C.R.S., 1973, as amended as of July 7,
1983, attached as Exhibit D.
2. "Organizational timesharing interest" will
mean any arrangement by, through or under which the owners of
stock in any corporation, the members of any nonprofit
corporation, the partners in general or limited partnership, or
the joint venturers in any joint venture shall arrange by means,
formal or informal, to share the right to use real property on a
regular basis; however, "organizational timesharing interest"
will not include any arrangement involving a corporation,
partnership or joint venture when there are twelve or fewer
shareholders, members, partners or joint venturers. For
purposes of this Article II.H.2, husbands and wives will be
counted as one shareholder, member, partner or joint venturer.
3. "Vacation License" shall mean any other
arrangement, formal or informal, under which thirteen or more
persons or entities share the right to use real property on a
regular basis.
4. "Interval ownership interest" will include
any timeshare unit, any organizational timeshare interest, any
vacation license, or any similar plan or arrangement.
III. ASSIGNMENT OF DWELLING UNITS AND COMMERCIAL SPACE.
A. Transfer of Dwelling Units and Commercial Space.
Initially, Dwelling Units and Commercial Space were assigned to
property within the Beaver Creek PUD by the Land Use Summary
(P4) of the Master Plan Revision of the Beaver Creek PUD dated
February 1, 1978. However, transfer of such Dwelling Units and
Commercial Space between property is permitted without requiring
an Amendment to the Beaver Creek PUD as set forth below:
The Dwelling Unit Report as defined below
functions as the mechanism to transfer Dwelling Units and
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Commercial Space between property prior to allocation by Vail
Associates, Inc., its successors and assigns ( "VAI"). Any
transfer of Dwelling Units or Commercial Space must be approved
in writing by the Eagle County Zoning Administrator.
B. Allocation of Dwelling Units and Commercial
Sipace.
1. If VAI conveys or transfers property to a
second party, a deed or lease is the mechanism by which the
allocation is accomplished. Such deed or lease specifies the
number of Dwelling Units and amount of Commercial Space
allocated to the property. Such allocation may not be changed
except as provided in Subparagraph 2. below.
2. If VAI retains ownership and develops a
property, or if VAI agrees to change the number of Dwelling
Units or an amount of Commercial Space previously allocated to a
property, an Allocation Of Dwelling Units and /or Commercial
Space Document ( "Allocation Document ") is the mechanism by which
the allocation is accomplished. Such Allocation Document must
specify the number of Dwelling Units and amount of Commercial
Space allocated to the property and must be signed by VAI as
grantor and by grantee if such a party is other than VAI.
C. Dwelling Unit and Commercial Space Report. The
Dwelling Unit and Commercial Space Report (the "Dwelling Unit
Report ") is a detailed statement of the number of Dwelling Units
and amount of Commercial Space then currently assigned to
property whether by initial assignment, by transfer or by
allocation by a deed, lease, or Allocation Document, all as set
forth above. The Dwelling Unit Report is submitted annually by
VAI to the Eagle County Zoning Administrator and must be
approved in writing. -
D. Other. Any transfer or allocation of Dwelling
Units and Commercial Space within the Beaver Creek PUD must:
1. Only be made by VAI;
2. Be consistent with the land use designation
of the property involved; and
3. Maintain the overall ceiling of 3,223
Dwelling Units and 380,000 square feet of Commercial Space
approved for the Beaver Creek PUD by the Eagle County
Commissioners.
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IV. LAND USE DESIGNATIONS.
Land use designations within the Beaver Creek PUD are
as follows:
A. RC - Resort Commercial.
1. Purpose: To provide accommodations,
residences, Commercial Space,
convention facilities, resort
operations facilities,
recreational and athletic
amenities and facilities and
parking consistent with the needs
of a year -round resort village.
2. Uses BV Right: a. Hotel and lodge rooms.
b. Apartment accommodations;
condominiums; and single family,
primary /secondary, duplex and
townhouse structures.
C. Commercial Space.
d. Timesharing: See Article
VIII hereof.
e. Recreation amenities and
facilities consistent with the
needs of a year -round resort
including, but not limited to,
alpine and Nordic skiing, tennis,
swimming pools, sports courts,
picnics and ice skating.
f. Resort operations space and
facilities necessary for the
support of the resort function
including, but not limited to,
convention space, meeting rooms,
cultural facilities, receiving
and delivery space, and
recreation administration.
Set Back: No minimum except must be
sufficient to accommodate
utilities, existing
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easements, drainage, access, fire
code regulations, and flood plain
of live streams.
Maximum Building Height: 55 feet, except for
non - habitable architectural
features such as chimneys,
towers and steeples as authorized
by the Eagle County Zoning
Administrator pursuant to Article
XI hereof.
5. Parking Requirements:
Hotel and Lodges 0.5 spaces per hotel or
lodge room
Condominiums 1.0 space per unit
Commercial Space 1.0 space per 1,000 sq.
ft.
Restaurants 1.0 space per 10 seats
Each specific parking requirement
set forth above for any given
project will carry any fractional
value to the computation of the
total parking requirement. Any
fractional value in the total
parking requirement for any given
project will be rounded to the
next highest integer. Parking
will be provided on -site or on
another site with the same land
use designation if approved by
the owner of the other site.
RHD - Residential High Density.
1. Purpose: To provide housing for employees.
2. Uses by Right: a. Apartments, rooming
houses and dormitories.
Accommodations suitable for the
employee from the standpoint of
demand and economics. Density
not to exceed 30 Dwelling Units
per acre. off season use may be
expanded to include short term
guest rental when lack of
employee housing demand creates
vacancies.
C.
b. Commercial Space may be
provided for convenience shopping
and eating.
3. Set Back: No minimum except must be
sufficient to accommodate
utilities, existing easements,
drainage, access, fire code
regulations and flood plain of
live streams.
4. Maximum Building Height: 35 feet.
5. Parking: One half parking space per
Dwelling Unit plus one -tenth of a
space per 100 square feet of
Floor Area. Maximum of two .
spaces per Dwelling Unit.
RMD - Residential Medium Density.
1. Purpose: To provide residential
development of medium density
neighborhoods.
2. Uses By Right: Townhouses, condominiums,
single family, primary /secondary
and duplex structures not to
exceed 12 Dwelling Units per
acre.
3. Set Back: No minimum except must be
sufficient to accommodate
utilities, existing easements,
drainage, access, fire code
regulations, and flood plain of
live streams.
4. Maximum Building Height: 35 feet.
5. Parking: One -half parking space per
Dwelling Unit plus one -tenth of a
space per 100 square feet of
Floor Area. Maximum of two
spaces per Dwelling Unit.
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D. RLD - Residential Low Density.
1. Purpose: To provide residential
development of low density
neighborhoods.
Uses By Right: Single family,
primary /secondary and duplex
structures not to exceed six
Dwelling Units per acre.
3. Set Back: All building improvements must be
contained within the Building
Envelopes as shown on the final
plats and respect existing
easements. However, minor
encroachments outside the
Building Envelopes may be allowed
pursuant to Article XI hereof.
4. Maximum Building Height: 35 feet, except for
the following lots which shall
have a building height limitation
restricted to 25' (calculated as
herein defined): Lots 1, 2, 3,
4, 5, 6, 7, 8, 9, 16, 17, 18, 19,
20, 21, 22, 25, 26, 27, 28 and
29, Block 1, Tract J.
5. Parking: Each residence shall provide a
minimum of two on -site parking
spaces per Dwelling Unit except
for building improvements
containing more than 3,000 square
feet of Floor Area for which one
on -site parking space per bedroom
is required. Such parking
requirements may be provided by
"stacking ". For purposes of this
document, "stacking" means the
parking of a car behind any other
car as long as there is
sufficient space on -site.
E. RS - Resort Services.
1. Purpose: To provide support functions and
facilities for resort operations
Doc
and recreational activities and
facilities consistent with the
needs of a year -round resort.
2. Uses by Right: a. Resort Operations space
and facilities including, but not
limited to, parking, vehicle
maintenance, building and grounds
maintenance, offices,
warehousing, central kitchen
facilities, guest reception and
reservations, residential units
for caretaker or employee of the
facility, transportation terminal
and firehouse and security
operations.
b. Recreation amenities and
facilities consistent with the
needs of a year -round resort
including, but not limited to
alpine and Nordic skiing, tennis,
swimming pools, sports courts,
picnics and ice skating.
3. Set Back: No minimum sufficient except to
accommodate utilities, existing
easements, drainage, access, fire
code regulations and flood plain
of live streams.
4. Maximum Building Height: 35 feet, except for
non - habitable architectural
features, such as chimneys,
towers and steeples as authorized
by the Eagle County Zoning
Administrator pursuant to Article
XI hereof.
5. Parking: Resort Services property will
provide parking sufficient to
meet the needs of its uses and in
accordance with the then current
Eagle County Land Use
Regulations.
F. OSR - Open Soace Recreation.
1. Purpose: To promote, foster and develop
scenic and recreation activities
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of the natural environment and to
provide for recreation
administration.
2. Uses By Right: a. All recreational
activities and facilities
compatible with the valley's
environment and consistent with
the needs of a year -round
mountain resort, including but
not limited to, activities and
facilities associated with alpine
and Nordic recreational and
competitive skiing, equestrian
operations, sports courts,
swimming, ice skating, bicycling,
C fishing, bob sledding, snow
shoeing, children's playgrounds,
hiking, golf, alpine slides
special events, outdoor
entertainment and mountain
restaurants, provided that such
mountain restaurants (i) be
within the area as depicted on
Exhibit E or (ii) shall be at
least 250 feet from any boundary
of platted property and contain a
Floor Area of less than 2000
square feet or (iii) shall be at
least 1000 feet from any boundary
of platted property. Any
existing restaurant as of the
date hereof is not required to
conform to the provisions of this
Article IV.F.2.a.
b. Resort operations space and
facilities owned or operated by
the owner or operator of Beaver
Creek Resort necessary for the
support and operation of a
year -round resort including, but
not limited to, support staff for
resort operations (facilities not
to exceed 25,000 square feet in
the aggregate), information
centers, ski school, ski patrol,
ski lockers and storage, lift
operations and maintenance,
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ticket operations, snowmaking
facilities, and security
operations.
Special uses: The following special uses are
permitted subject to the
provisions set forth in Article V
hereof:
a. Facilities owned or operated
by the owner or operator of
Beaver Creek Resort relating to
meeting rooms, educational
classrooms, health spas, retail
sales of items for mountain
recreation, cultural facilities
(including but not limited to
churches, museums and performance
theaters made available for live
performances of artistic merit),
receiving and delivery space
operations, child care centers,
resort marketing /central
reservations, personnel, and
property management functions
(including but not limited to bus
maintenance and building
maintenance).
b. Each mountain recreation
lodging facility which meets the
following criteria:
(1) Be developed in concert with
mountain recreation experiences.
(2) Be at least 2500 feet from
the nearest boundary of any
platted property within the
Beaver Creek PUD.
(3) Have a Floor Area not to
exceed 10,000 square feet.
(4) Be physically separated from
and visually unobtrusive to other
mountain recreation lodging
facilities.
(5) Be integrated into the
natural environment.
(6) Be owned by the owner or
operator of Beaver Creek Resort.
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Set Back: No minimum except must be
sufficient to accommodate
utilities, existing easements,
drainage, access, fire code
regulations and flood plain of
live streams. Set back applies
to building structures only.
5. Maximum Building Height: 35 feet.
6. Parking: Open Space Recreation property
will provide parking sufficient
to meet the needs of its uses and
in accordance with the then
current Eagle County Land Use
Regulations.
N V. SPECIAL USE PERMIT
C =`
The purpose of a Special Use Permit is to allow
x certain permitted uses in addition to Uses By Right in a given
land use designation. A Special Use Permit may be authorized by
the Eagle County Commissioners without requiring an amendment to
the Beaver Creek PUD pursuant to the provisions of this
Article. A Special Use Permit requires submission of an
application therefor to the Eagle County Commissioners followed
by two public hearings (one before the Eagle County Planning
Commission and one before the Eagle County Commissioners),
notice of which (i) has been placed in a newspaper of general
circulation in Eagle County, Colorado, at least 10 days prior to
the Planning Commission meeting and at least 30 days prior to
the Eagle County Commissioners' meeting, and (ii) has been sent
by first class mail, at least 15 days prior to the hearing
before the Planning Commission, to (a) each owner of property,
any boundary of which is within 500 feet of any boundary of the
proposed Special Use Permit site and (b) any entity or person
who is a then current property owner within the Beaver Creek PUD
who has previously filed with the Eagle County Department of
Community Development a request to receive notice of any Special
Use Permit application. Such notices shall state the location
and general nature of the Special Use Permit and the dates of
both the Planning Commission and Eagle County Commissioners
hearings.
Such Special Use Permit shall be reviewed by the Eagle
County Commissioners and will be approved if the Eagle County
Commissioners find that:
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a. The proposed use is not materially inconsistent
with other existing uses in the area.
b. There is no potential material adverse effect of
the proposed use on the character of the adjacent
neighborhood or the Beaver Creek Resort.
C. Access to and from the site of the proposed use
is adequate.
d. Water and sanitation service for the site of the
proposed use is adequate.
e. The physical arrangement of the proposed
improvements on the site of the proposed use is
appropriate.
Any decision by the Eagle County Commissioners
relating to a Special Use Permit may be appealed in writing
within 30 days of such decision.
At such time as a Special Use Permit is approved, the
Special Use site will be classified SU immediately following its
land use designation (e.g. OSR /SU).
VI. ASSIGNED LAND USE DESIGNATIONS.
The following list identifies properties, both platted
and unplatted, included in the Beaver Creek PUD and their
respective land use designations. Land use designations for all
platted property must be included on the face of all plat maps
recorded for property within the Beaver Creek PUD.
Tract
Land Use Designation
A
RC, except Lots 2, 7, 11, 15, 22, and 24
of Block 1; Lots 9 and 12 of Block 2;
and Lot 5 of Block 4 which are
designated RC /OSR; and Lot 17 and 17A of
Block 2 which are designated RMD.
B
RHD, except Lot 4 of Block 1 which is
designated OSR
C
RMD
D
RMD
E
RC
F
RLD
G
RC, except Lot 5 which is designated OSR
H
RLD, except Lots 13 and 14 of Block 1,
Lot 5 of Block 3; and Lot 18 of Block 4
which are designated OSR
I
RLD, except Lot 26 which is designated
Golf Facilities Easement and Lots 7, 18
and 19 of Block 2 which are designated
OSR
-16-
VII. FIREPLACE REGULATIONS.
A. Wood burning fireplaces within the Beaver Creek
PUD are limited to (i) one per Dwelling Unit and (ii) one per
restaurant. At the election of a developer of commercial
property, the allowable wood burning fireplace in a restaurant
may be located in a lobby instead of a restaurant.
Each wood burning fireplace will be equipped with
a heat sensing monitor and a "no burning" light, the activation
of which indicates that any existing fire in a fireplace is not
to be refueled and no fire is to be lighted during the time that
the indicator light is activated. Technical data relating to
these and other construction requirements for wood burning
fireplaces is available from the Beaver Creek Resort Company of
Colorado.
B. In a primary /secondary structure which contains
two Dwelling Units, two wood burning fireplaces are permitted.
The wood burning fireplaces may be distributed one each to the
primary and secondary units or both may be allocated to one
unit.
-17-
J
RLD, except Lot 31 of Block 1 and Lots
45 and 46 of Block 2 which are
designated OSR
K
RLD
L
RLD, except Lot 17 which is designated
Open Space, Equestrian and Ski Uses
M
RS
N
RS, except Lots 1 and 6 which are
designated RC and Lot 2 which is
designated OSR
O
RS
P
RS
Q
RS
R
RC
S
OSR, except for Trappers Lodge, an
unplatted 2.5 acre parcel, which is
designated RC with conditions. Tract S
includes a platted 144 acre parcel of
land which comprises the Beaver Creek
Golf Course and all of the unplatted
land within the Beaver Creek PUD which
is not assigned to another tract.
T
RC
U
RC
VII. FIREPLACE REGULATIONS.
A. Wood burning fireplaces within the Beaver Creek
PUD are limited to (i) one per Dwelling Unit and (ii) one per
restaurant. At the election of a developer of commercial
property, the allowable wood burning fireplace in a restaurant
may be located in a lobby instead of a restaurant.
Each wood burning fireplace will be equipped with
a heat sensing monitor and a "no burning" light, the activation
of which indicates that any existing fire in a fireplace is not
to be refueled and no fire is to be lighted during the time that
the indicator light is activated. Technical data relating to
these and other construction requirements for wood burning
fireplaces is available from the Beaver Creek Resort Company of
Colorado.
B. In a primary /secondary structure which contains
two Dwelling Units, two wood burning fireplaces are permitted.
The wood burning fireplaces may be distributed one each to the
primary and secondary units or both may be allocated to one
unit.
-17-
C. An unlimited number of gas fireplaces may replace
each wood burning fireplace permitted provided that they are
constructed specifically as gas fireplaces, contain flues and
vents suitable only and specifically for gas fireplaces, do not
allow conversion to wood burning fireplaces and comply with all
federal, state and local laws and regulatory requirements
pertaining to gas fireplaces. Technical data relating to
construction requirements for gas fireplaces is available from
the offices of the Beaver Creek Resort Company of Colorado. No
gas fireplace may be constructed in the same Dwelling Unit or
restaurant (or lobby) containing a wood burning fireplace .
VIII. TIMESHARE REGULATIONS.
tt°
"- A. Limitation on Interval Ownership Sales. No
interval ownership interest involving real property within the
Beaver Creek PUD may be sold unless such interval ownership
interest has been approved by the Eagle County Commissioners as
set forth in Article VIII hereof.
B. Resort Commercial Land Use Designation.
Time -span estates, interval estates, and organizational
ownership interest are allowed within the Resort Commercial Land
Use Designation of the Beaver Creek PUD.
C. Residential Low Density Residential Medium
Density, and Residential High Density Land Use Designations. No
interval ownership interests are allowed within the Residential
Low Density, Residential Medium Density, and Residential High
Density Land Use Designations of the Beaver Creek PUD; however,
corporations, partnerships, or joint ventures having twelve or
fewer stockholders, members, partners or joint venturers may
have arrangements providing for the sharing of the right to use
real property on a regular basis.
D. Vacation Licenses Prohibited. Notwithstanding
any other provision hereof, vacation licenses are prohibited
within the Beaver Creek PUD.
E. Eagle County Commissioners' Review.
1. Prior to the sale of any interval ownership
interest involving real property in the Beaver Creek PUD, the
owner of the property on which such interval ownership interest
is located shall submit to the Eagle County Commissioners, and
the Eagle County Commissioners shall have approved, the
following:
O.
Fy
}
(a) Disclosure Statement. A disclosure
statement which is to be given to each purchaser of an interval
ownership interest at least three days prior to his purchase
thereof. The disclosure statement shall set forth:
(1) A full description of the interval
ownership interest being offered for sale;
(2) The 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 such costs will be
4� apportioned;
t (3) A description of all recreational
F amenities which the purchaser will be entitled to use by virtue
of his ownership of an interval ownership estate, and the date
by which such amenities will be available; if amenities will
not be available upon purchase of the interval ownership
interest, describe whether funds are presently available for
construction of the amenities and the source of such funds;
(4) A description of the parking available
to the owner of an interval ownership interest, and the manner
in which such parking spaces will be allocated and controlled;
(5) The extent to which the interval
ownership interest may become subject to or affected by a tax or
other lien arising out of claims against other interval
ownership interests in the same interval ownership plan;
(6) A statement of the minimum number of
interval ownership interests it intends to sell before it will
proceed with the completion of the interval ownership project,
if any such limitation is contemplated;
(7) A summary of how the interval ownership
interest will be managed, who will initially manage it, and how
the manager may be changed;
(8) A statement as to whether all of the
Dwelling Units within the project are being offered as interval
ownership interests; and if not, an accurate statement
identifying the interests which will not be offered as interval
ownership interests and any likely material consequences
thereof.
The Eagle County Commissioners may disapprove the
disclosure statement if, in its reasonable judgement, it is
insufficient in any material respect or is inconsistent with the
general health, safety and welfare of persons within Eagle
County, Colorado.
(b) Marketing Plans. A description of the
marketing plans by which the interval ownership interests will
be offered to the public. The marketing plan shall include:
-19-
(1) Information as to whether the interval
ownership interests will be offered for sale by licensed real
estate brokers and salespersons and /or licensed securities
salespersons and, if so, the identity of the initially licensed
broker or dealer:
(2) Information as to whether gifts, travel
allowances, meals, drinks, entertainment or other inducements
will (may) be offered to prospective buyers;
(3) Information as to the location of any
�$ on -site sales office (if any) and if so, the impact on parking
r, and vehicular access.
The Eagle County Commissioners may
disapprove the marketing plans if sales are to be made other
than through Colorado licensed real estate or securities
salespersons, if it appears that high pressure sales tactics
will be utilized, if parking or traffic problems are likely, or
if it is inconsistent with the general health, safety and
welfare of persons within Eagle County, Colorado. Any material
change in the marketing plans must be approved by the Eagle
County Commissioners prior to sales being concluded as a result
of such changed marking plans.
2. Any hearing with respect to any interval
ownership plan within the Beaver Creek PUD may be held only
after (i) written notice has been placed in a newspaper of
general circulation in Eagle County, Colorado, at least ten days
prior to the Planning Commission meeting and at least thirty
days prior to the Eagle County Commissioners meeting, and (ii)
written notice by first class mail, at least 15 days prior to
the Eagle County Commissioners meeting, has been given to each
developer owning land within the Resort Commercial Land Use
Designation and to each condominium owners' association of any
condominium project within the Resort Commercial Land Use
Designation. Such notices shall state the general nature of the
hearing and the dates of both the Planning Commission and Eagle
County Commissioners hearing. For purpose of such notice,
"developer" shall mean each owner of land within any Resort
Commercial Land Use Designation except an owner of a condominium
unit.
3. The Eagle County Commissioners may disapprove any
time span estate which does not provide for the unit owners'
association or corporation to pay real property taxes and
assessments as provided by C.R.S Section 38- 33- 111(3).
4. The Eagle County Commissioners will not approve
any interval ownership plan unless it determines that the sale
of such interval ownership or time -span estates is consistent
-20-
t
with the general health, safety and welfare of owners,
developers, and residents within the Beaver Creek PUD and
persons within Eagle County, Colorado.
5. Within 30 days after the public hearing, the
Eagle County Commissioners shall either approve, disapprove or
table the sale of interval ownership interests in writing. Any
disapproval or tabling shall state the reasons therefor in
reasonable detail.
IX.
Upon approval by the Eagle County Commissioners, the Guide
will be recorded in the public records of the Clerk and Recorder
of Eagle County, Colorado.
X. AMENDMENTS TO THE BEAVER CREEK PUD.
A. Substantial Amendments. No substantial
modification, removal or release of the provisions of the Beaver
Creek PUD shall be permitted except upon a finding by the Eagle
County Commissioners, following a public hearing called and held
in accordance with the provisions of Section 24- 67- 104(1)(e)
C.R.S. 1973, as amended, that the modification, removal or
release is consistent with the efficient development and
preservation of the entire Beaver Creek PUD, does not affect in
a substantially adverse manner either the enjoyment of land
abutting upon or across the street from the Beaver Creek PUD or
the public interest and is not granted solely to confer a
special benefit upon any person. For purposes of meeting the
public notice requirement established by Section
24- 67- 104(1)(e), the term "adjoining land owners" shall mean all
owners of real property within the Beaver Creek PUD as well as
owners of land abutting upon or across the street from the
Beaver Creek PUD. Such owners shall be given written notice
delivered or mailed, first class, postage prepaid, at least 15
days prior to either the Planning Commission or Board of County
Commissioners meeting at which such modification, removal or
release is considered; except that in the case of condominium
owners, notice may be given to the condominium owners'
association.
Each of the following shall be considered a
"substantial modification, removal or release" of the provisions
of the Beaver Creek PUD:
1. Any increase in the total number of Dwelling
Units or Commercial Space allowed within the Beaver Creek PUD;
-21-
T
3
2. Any change in land use designations of any
land within the Beaver Creek PUD, except as provided in Article
XI hereof;
3. Any removal or release of any land from the
Beaver Creek PUD; or
4. Any other matter which the Eagle County
Commissioners determines is a "substantial modification, removal
or release ".
B. Other Amendments. Any modification, removal or
release of provisions of the Beaver Creek PUD which is not a
"substantial modification, removal or release ", or which is not
a minor modification not requiring an amendment to the Beaver
Creek PUD as set forth in Article XI below, may be adopted after
a public hearing, written notice of which has been placed in a
newspaper of general circulation in Eagle County, Colorado, at
least 10 days prior to the Planning Commission meeting and at
least 30 days prior to the Eagle County Commissioners' meeting.
Said notice shall state the general nature of the proposed
modification, removal or release and the dates of both the
Planning Commission and County Commissioners hearing.
XI. MINOR MODIFICATIONS. Subject to the provisions set
forth below, minor modifications in land use and in location,
setting, bulk of structures, height or character of buildings
may be authorized by the Eagle County Zoning Administrator
without requiring an amendment to the Beaver Creek PUD. Minor
changes which may be authorized by the Eagle County Zoning
Administrator include the following:
A. Change in land use of a parcel of property
not to exceed 10,000 square feet to conform to the land use of
property immediately adjacent to it, provided, however, that the
provisions of this Article XI.A (a) shall not apply to property
adjacent to any parcel of property the land use of which has
previously been changed pursuant to the provisions of this
Article XI.A and (b) the net effect of which shall not eliminate
an existing developed recreational use.
B. Building encroachments outside Building
Envelopes (i) of non - habitable space such as roof overhangs,
balconies, service areas, porches, patios, carports and garages
provided that (a) view corridors of adjacent property owners are
not substantially impacted in an adverse manner and (b) that
written consent of the Beaver Creek Design Review Board has been
obtained for such encroachments, and (ii) of habitable space not
to exceed twelve inches.
-22-
C. Architectural features that exceed the
maximum Building Height limitation set forth in Article II
hereof such as chimneys and towers, not to exceed 15 feet from
the highest point of the roof ridge of the structure, except for
steeples for churches or chapels which may not exceed 30 feet.
Any decision by the Eagle County Zoning Administrator
<" may be appealed in writing to the Eagle County Commissioners
within 30 days after such decision.
XII. BUILDING ENVELOPE AMENDMENTS.
Unless constituting a minor modification under Article
XI hereof, building encroachments outside Building Envelopes
require a Building Envelope Amendment. Property owners may
amend Building Envelopes by either of the following procedures:
A. Administrative Procedure. The owner shall submit
to Eagle County Zoning Administrator (i)an Amended Plat prepared
by a licensed surveyor pursuant to Eagle County Land Use
Regulations showing both the old and the new building envelope
and (ii) the applicable Eagle County application fees; and (iii)
the names, mailing addresses and written approval to amend the
Building Envelope from all owners of any property abutting,
directly across the street from or within 75 feet of the
property for which the Building Envelope Amendment is requested.
If the foregoing requirements are met, the Eagle
County Zoning Administrator will submit the Amended Plat to the
Eagle County Commissioners for approval.
B. Public Meeting. The owner shall submit to the
Eagle County Zoning Administrator (i) an Amended Plat prepared
by a licensed surveyor pursuant to Eagle County Land Use
Regulations showing both the old and the new Building Envelope
and (ii) the applicable Eagle County application fees. A public
meeting of the Eagle County Commissioners shall be held, notice
of which has been sent by first class mail at least 30 days
prior to the Eagle County Commissioners meeting to owners of
property which has a boundary line abutting, directly across the
street from or within 75 feet of the property for which the
Building Envelope amendment is requested. Such notice shall
state the general nature of the public hearing and the date of
the Eagle County Commissioners hearing.
The Building Envelope Amendment will be approved by
the Eagle County Commissioners if the Eagle County Commissioners
find that the Building Envelope Amendment (i) does not
substantially impact in an adverse manner the view corridor of
any property owner to whom notice of the proposed Building
-23-
f
Envelope Amendment has been sent or (ii) is required by geologic
or other hazard considerations.
XIII. OTHER PROVISIONS.
A. Street Addresses. VAI shall designate and assign
street addresses within the Beaver Creek PUD. The Eagle County
Department of Community Development shall be notified of all
street address assignments within 30 days of such assignment.
B. Subdivision of Property. Subdivision of property
within the Beaver Creek PUD must be made in accordance with the
then current applicable Eagle County Land Use Regulations.
C. Signs. Signs must conform to the then current
Comprehensive Sign Plan for Beaver Creek as approved by Eagle
County Department of Community Development.
D. Fees. Application fees for reviews by Eagle
County shall be in accordance with the then current Eagle County
fee schedules.
Approved by the Board of County Commissioners of Eagle
County, Colorado on this day of , 1988.
ATTEST:
Clerk of the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO
George Gates, Chairman
Richard Gustafson, Commissioner
Donald Welch, Commissioner
-24-
CART Dll n
"MENDED AND
RESTATED
�'UD GUIDE
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Building Height Limitations
>
y
>
A s
C D E
F
O H
EQUAL
INTERVALS
Building Height Limitations
ELEVATION
A B C1 DI Ej Fj Q H
C@ OQ EQ FIR
E3
a?'
0
z
J
Y
7
AMENDED AND RESTATED
PUD GUIDE
DINT OF ROOF
2
0
F
Q
E
J
III
1. 11N TERVAL POINTS WITH MULTIPLE HEIGHTS =C, + C2
(i.e. points C,D,E, in example) 2
0
z
i
IN
J J
Y
7
or
E, + Ez + E3
3
SUMMATION OF ALL HEIGHTS FROM ALL ELEVATION;
2. BUILDING HEIGHT=
NUMBER OF INTERVALS TAKEN
A s
C D E
F
O H
EQUAL
INTERVALS
LESS
THAN
30 FEET
ELEVATION
A B C1 DI Ej Fj Q H
C@ OQ EQ FIR
E3
a?'
0
z
J
Y
7
AMENDED AND RESTATED
PUD GUIDE
DINT OF ROOF
2
0
F
Q
E
J
III
1. 11N TERVAL POINTS WITH MULTIPLE HEIGHTS =C, + C2
(i.e. points C,D,E, in example) 2
0
z
i
IN
J J
Y
7
or
E, + Ez + E3
3
SUMMATION OF ALL HEIGHTS FROM ALL ELEVATION;
2. BUILDING HEIGHT=
NUMBER OF INTERVALS TAKEN
L
c"
a EXHIBIT C
AMENDED AND RESTATED
EXA14PLE OF PERMITTED LOCK —OFF UNIT PUD GUIDE
LOCK —OFF #1
C
MAIN SUITE
LOCK —OFF #2
1
1
r`
LAM IBII D
>, AMENDED AND
PUD GUIDE
38-33 -110. Time- sharing - definitions. As used in this section and section
38 -33 -111, unless the context otherwise requires:
(1) (a) "Interval estate" means a combination of:
(1) An estate for years terminating on a date certain, during which years
title to a time share unit circulates among the interval owners in accordance
with a fixed schedule, vesting in each such interval owner in turn for a period
of time established by the said schedule, with the series thus established
recurring annually until the arrival of the date certain; and
(11) A vested future interest in the same unit, consisting of an undivided
interest in the remainder in fee simple, the magnitude of the future interest
having been established by the time of the creation of the interval estate
either by the project instruments or by the deed conveying the interval estate.
The estate for years shall not be deemed to merge with the future interest,
but neither the estate for years nor the future interest shall be conveyed or
encumbered separately from the other.
(b) "Interval estate" also means an estate for years as described in
subparagraph (1) of paragraph (a) of this subsection (1) where the remainder
estate, as defined either by the project instruments or by the deed conveying
the interval estate, is retained by the developer or his successors in interest.
(2) "Interval owner" means a person vested with legal title to an interval
estate.
(3) "Interval unit" means a unit the title to which is or is to be divided
into interval estates.
(4) "Project instruments" means the declaration, the bylaws, and any
other set of restrictions or restrictive covenants, by whatever name denomi-
nated, which limit or restrict the use or occupancy of condominium units.
"Project instruments" includes any lawful amendments to such instruments.
"Project instruments" does not include any ordinance or other public regula-
tion governing subdivisions, zoning, or other land use matters.
(5) "Time share estate" means either an interval estate or a time -span
estate.
(6) "Time share owner" means a person vested with legal title to a time
share estate.
(7) "Time share unit" means a unit the title to which is or is to be divided
either into interval estates or time -span estates.
(8) "Time -span estate" means a combination of:
(a) An undivided interest in a present estate in fee simple in a unit, the
magnitude of the interest having been established by the time of the creation
of the titre -span estate either by the project instruments or by the deed con-
veying the titre -span estate; and
(b) An exclusive right to possession and occupancy of the unit during an
annually recurring period of time defined and established by a recorded
schedule set forth or referred to in the deed conveying the time -span estate.
(9) "Time -span owner" means a person vested with legal title to a time -
span estate.
(10) "Time -span unit" means a unit the title to which is or is to be divided
into time -span estates.
01) "Unit owner" means a person vested with legal title to a unit, and,
in the case of a time share unit, "unit owner" means all of the time share
owners of that unit. When an estate is subject to a deed of trust or a trust
deed, "unit owner" means the person entitled to beneficial enjoyment of the
estate and not to any trustee or trustees holding title merely as security for
an obligation.
Source: L. 77, p. 1716, § 1.
RESTATED
JAmended and Restated
)Uj \ °O• � '/ r% UD Guide
VI
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