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Home My WebLink AboutR23-067 Approval of the Wolcott Sketch Plan for PUD File No. PDS 9241-22 Eagle County, CO 202315446 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 Regina O'Brien 11/14/2023 Pgs: 20 04:34:18 PM REC: $0.00 DOC: $0.00 Commissioner scherr moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2023- 067 APPROVAL OF THE WOLCOTT SKETCH PLAN FOR PLANNED UNIT DEVELOPMENT Eagle County File No. PDS-9241-2022 WHEREAS, on or about March 15, 2022, the County of Eagle, State of Colorado, accepted for filing an application submitted by Hadcott,LLC (the "Applicant") for approval of the Wolcott Sketch Plan for Planned Unit Development, File No. PDS-9241-2022 (the "Application"), for 72.17 acres of two parcels totaling 33.29 acres located in unincorporated Eagle County and legally described in Exhibit A, attached hereto, depicted on Exhibit B attached hereto, and identified as: 28246 Highway 6, Wolcott, CO 81655, Assessor's Parcel Numbers: 1941-232-00-038, 1941-232-00-37 WHEREAS, with this Application, the Applicant seeks to develop a mixed-use community to consist of approximately 360 units of detached and attached single family and multifamily, 10,000 square feet of commercial and 2.76 acres of open space, and; WHEREAS, in accordance with the Eagle County Land Use Regulations("ECLUR"), Section 5-210.E -Notice of Public Hearings, notice of the proposed Application was mailed to all owners of property located within and adjacent to the Property and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the Application and setting forth the dates and times of hearings for consideration of the application by the Eagle County Planning Commission (the "Planning Commission") and the Board of County Commissioners of the County of Eagle (the"Board"), and; WHEREAS, at its public hearing held on May 17, 2023,the Planning Commission, considered the Application, associated plans, statements and concerns of the Applicant, the Eagle County Community Development Department("Community Development Department"), Eagle County Engineering Department("Engineering Department"), Eagle County Resiliency Department("Resiliency Department") and other interested persons, and based upon its findings, recommended approval with conditions of this Application by a unanimous vote, and; WHEREAS, at its public hearing held on August 29, 2023, the Board considered the 1 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 Application, associated plans, and the statements and concerns of the Applicant,the Community Development Department, Engineering Department, Resiliency Department, and other interested persons; and the recommendation of the Planning Commission and based on its findings, approved the Application with conditions by a vote of 3-0, and; . WHEREAS,based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the Community Development Department, Engineering Department, Resiliency Department,public officials and agencies,the recommendations of the Planning Commission, and comments from all interested parties, the Board finds as follows: THAT, the Application conceptually is consistent with and complies with the standards in ECLUR Section 5-240.F.3.e - Standards, as set forth below: 1. Unified ownership or control. Pursuant to ECLUR Section 5-240.F.3.e(1),the Applicant is the owner of all the land that is part of the PUD. 2. Uses. Pursuant to ECLUR Section 5-240.F.3.e(2),the uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in ECLUR Table 3-300 or Table 3-320 for the zone district designation in effect for the property at the time of the application for PUD. Variation of these use designations may only be authorized pursuant to ECLUR Section 5-240.F.3.f, Variations Authorized. While the Property is currently located within the area of the expired and extinguished Wolcott PUD,the Applicant will,in conjunction with a future application for a Preliminary Plan for PUD, submit a Zone Change application to rezone the Property to the former Resource (R)zone district, along with an application to then rezone the Property from Resource to a new PUD zone district. The Wolcott Area Community Plan(WACP) supports the development of a mixed-use neighborhood on the valley floor(see analysis of ECLUR standard 5-240.F.3.e.(10)below). The limited uses allowed in the Resource zone district alone would not facilitate such a development and therefore variations are required to fulfill the vision of the plan. The proposed variations include a request for a variation from the uses allowed in ECLUR Table 3-300 for the Resource(R)zone district to achieve Desired Design Qualities per ECLUR Section 5-240.F.3.f(a) and to allow for the mix of commercial and residential uses currently proposed as outlined in the recommended condition below. The Board will consider the requested variations at the time of application for Preliminary Plan for PUD. 3. Dimensional Limitations. Pursuant to ECLUR Section 5-240.F.3.e(3), the dimensional limitations that shall apply to a PUD are those specified in ECLUR Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. 2 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 Variation of these dimensional limitations may only be authorized pursuant to ECLUR Section 5-240.F.3.f,Variations Authorized. The applicable dimensional standards outlined in ECLUR Table 3-340 for the Resource zone district do not support the development of a mixed-use neighborhood as proposed or the vision of the Wolcott Area Community Plan. The Applicant has requested variations from the dimensional standards of the Resource zone district for Lot Size, Building Height,Units per Acre, Setbacks, and Maximum Lot Coverage on the basis that these are required to obtain the Desired Design Qualities per 5-240.F.3.f.(a), a development that mixes residential and non-residential uses, and a more efficient land use pattern. The requested variations may result in a development where structures are compatible in terms of height, mass, scale, orientation and configuration, with other units in the PUD and the surrounding area,yet shall avoid uniformity of design. The Applicant has requested the ability to construct structures to a height of 45' in Planning Area-2,which is the Planning Area designated for multi-family development. The nominal height limitation in the Resource zone district is 35'. The proposed maximum height in the other Planning areas is 35'. The Board will consider the requested variations at the time of application for Preliminary Plan for PUD. 4. Off-Street Parking and Loading. Pursuant to ECLUR Section 5-240.F.3.e(4), off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a)because of shared parking arrangements,the parking needs of residents, guests and employees of the project will be met; or(b)the actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The Applicant has made a non-specific request for a reduction to the number of spaces required by ECLUR 4-120 for a multi-family development with the Wolcott Sketch PUD. The Concept theApplication depicts parkingspaces,however, the ParkingPlan included in pP P p Applicant expects to determine compliance with Article 4, Division 1, Off-street Parking and Loading standards in a future Preliminary Plan for PUD application. 5. Landscaping. Pursuant to ECLUR Section 5-240.F.3.e(5), landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. The Applicant submitted a Conceptual Landscape Plan meeting the requirements of ECLUR 4-220.B. This plan illustrates the overall intent of the Application regarding the landscaping of the commercial and residential development and common areas/open space. The plan notes that existing vegetation is to remain adjacent to the Eagle River, the existing Jouflas House, and in that portion of Planning Area- 6 located south of 1-70. It provides conceptual locations for trees across the site and a conceptual landscape plan for a typical single-family lot. Additionally, a proposed plant list is included. At the time of Preliminary Plan, a more detailed landscape plan will be submitted and 3 DocuSign Envelope ID.909A6AC1-ODFC-41CF-861A-A6B51E026131 reviewed. 6. Signs. Pursuant to ECLUR Section 5-240.F.3.e(6), the sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations,unless the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. The proposed PUD Guide for the Wolcott PUD (the "PUD Guide")addresses signage by noting which Planning Areas will allow for dark-sky compliant signage. At the time of Preliminary Plan,the proposed signage will be evaluated to determine compliance with Article 4, Division 3, Sign Regulations as provided in Section 4-340.D. 7. Adequate Facilities. Pursuant to ECLUR Section 5-240.F.3.e(7),the Applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for portable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools,police and fire protection, and emergency medical services. The Application demonstrates that the proposed development will be adequately provided adequate facilities as discussed below. Water Supply. Sewage and Wastewater: The Property is located within the service territory of the Eagle River Water and Sanitation District(the"District"). A letter from the District included in the Application and dated April 18, 2022 indicates that it is possible for the District to provide service to the Property, subject to completion of the District's development approval and infrastructure acceptance processes. The adequate provision of water and sanitary sewer service will be further evaluated at the time of application for Preliminary Plan for PUD,Zone Change, and 1041 Permit. Solid Waste Disposal: The PUD Guide states that all trash shall be stored within trash structures and within wildlife proof containers. All commercial and multiple family structures shall have access to onsite recycling and trash collection. The trash collection system will be reviewed further at the time of application for Preliminary Plan for PUD. Fire Protection. Police. & Emergency Services: The Eagle River Fire Protection District performed a Plan Review in January of 2022. This review determined the proposed plan meets applicable requirements and the Property can be adequately served. Further review by the Eagle River Fire Protection District will be performed at the time of application for Preliminary Plan for PUD. Roads: The Application anticipates the construction of various roadways and related classifications including Suburban Residential Collector, Internal Suburban Residential, Commercial, and Urban Cul-de-Sac and includes a variety 4 DocuSign Envelope ID:909A6AC1-0DFC-41 CF-861A-A6B51 E026131 of variation requests for each as discussed below in paragraph 8 Improvements. There were no fatal flaws identified with the requested variations to roadway standards included with the Application. A detailed review of the variation requests will occur at the time of application for Preliminary Plan for PUD. Electrical Supply: The Application indicates that the Property will be served by Holy Cross Energy. The Applicant states that together with Holy Cross Energy that they are investigating a community"micro-grid" system that would include community-scale battery storage and the potential inclusion of solar on the single-family homes. 8. Improvements. Pursuant to Section 5-240.F.3.e(8), the improvement standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards,however, the development may deviate from the County's road standards so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts when the following minimum design principles are followed: (a) safe, efficient access; (b) internal pathways form a logical, safe, and convenient system for pedestrian access with appropriate linkages off-site; (c)roadways permit access by emergency vehicles and utility vehicles; (d)principal access points shall be designed to provide smooth traffic flow; and(e) adequate areas shall be provided to store snow. The improvement standards of ECLUR Article 4, Division 6 include roadway, sidewalk and trail, irrigation system, drainage, excavation and grading, erosion control,utility and lighting,water supply, and sanitary sewer standards each of which is discussed in further detail below. Roadway Standards: The Application anticipates the construction of various roadways and related classifications including Suburban Residential Collector, Internal Suburban Residential, Commercial, and Urban Cul-de-Sac and includes a variety of variation requests for each. There were no fatal flaws identified with the requested variations to roadway standards included with the Wolcott Sketch PUD application. A detailed review of the variation requests will occur at time of application for Preliminary Plan for PUD; however, the Application conceptually follows the following design principles. Safe Efficient Access: The circulation system outlined in the Application is designed to provide safe and convenient access to all areas of the proposed development using the minimum practical roadway length. Further review of the technical aspects of the roadway design will be reviewed with the application for Preliminary Plan for PUD. Internal Pathways: The development will be served by a hierarchy of paths, sidewalks, and trails to connect the community internally as well as to the broader 5 DocuSign Envelope ID.909A6AC1-0DFC-41CF-861A-A6B51E026131 Eagle Valley through the Eco Trail. The Applicant will provide an easement for the construction of a portion of said trail. In addition, five foot wide sidewalks are proposed on either side of the roads within the development and a four foot wide crusher fine path is proposed throughout the open space areas. Emergency Vehicles: All lots and units are accessible by Emergency Services. Eagle River Fire Protection District has provided an Ability to Serve Letter dated December 27, 2021. Principal Access Points: - The Application proposes two Principal Access Points, one located close to the Wolcott Post Office which is anticipated to have signal control and another across from the Wolcott Springs Golf Course access having auxiliary turn lanes. CDOT has issued Access Permits for each of these access locations. Snow Storage: -The proposed site plan offers adequate and sufficient snow storage capability. Detailed review of snow storage will occur with the application for Preliminary Plan for PUD. Sidewalk and Trail Standards: ECLUR Section 4-630, Sidewalk and Trail Standards, are detailed above in the Internal Pathways discussion. The Application does anticipate that at the Preliminary Plan for PUD, variations related to sidewalk and path width will be requested. Section 4-630 requires a detached sidewalk width of six(6) feet whereas the Application proposes detached sidewalks of five feet(5) and paths of four feet(4)widths. Irrigation Standards: Page 19 and Appendix F of the Application detail water rights decreed to the Applicant, demonstrating the availability of surface water rights appurtenant to the proposed development as required by ECLUR Section 4-640, Irrigation System Standards. The Application does not detail how the proposal is to be irrigated or quantify how the available water rights meet the proposed demand for irrigation water. This level of detail is appropriate for the consideration of the Sketch Plan for PUD and a detailed Irrigation Plan demonstrating conformance with Section 4-640 will be required at Preliminary Plan for PUD submittal. Drainage Standards: Regarding ECLUR Section 4-650, Drainage Standards, the Application provides a Sketch Plan Drainage Plan that identifies general information related to drainage direction, conveyance methods, and treatment methods. This level of detail is appropriate for consideration of the Sketch Plan n and a detailed Study demonstrating conformance with ECLUR Section 4-650 will be required at Preliminary Plan for PUD submittal. Excavation and Grading Standards and Erosion Control Standards: ECLUR 6 DocuSign Envelope ID.909A6AC1-0DFC-41CF-861A-A6B51 E026131 Section 4-660, Excavation and Grading Standards and 4-665, Erosion Control Standards,will be reviewed at Preliminary Plan for PUD. Utility and Lighting Standards: ECLUR Section 4-670,Utility and Lighting Standards, will be reviewed at Preliminary Plan for PUD. The proposed PUD Guide requires that all lighting must be dark sky compliant and energy efficient to the highest extent practicable. Water Supply and Wastewater Supply Standards: The Property is located within the service territory of the Eagle River Water and Sanitation District(the "District"). A letter from the District included in the Application and dated April 18, 2022 indicates that it is possible for the District to provide service to the Property, subject to completion of the District's development approval and infrastructure acceptance processes. The adequate provision of water and sanitary sewer service will be further evaluated at the time of Preliminary Plan for PUD, Zone Change, and 1041 Permit. 9. Compatibility with Surrounding Land Uses. Pursuant to ECLUR Section 5-240.F.3.e(9),the PUD shall be generally compatible with the existing and currently permissible future uses of the adjacent land and other lands, services or infrastructure improvements that may be substantially impacted. The Eagle River and dormant Union Pacific railroad right-of-way lie to the north of the Property on property zoned Resource(R). On the hill above the railroad is property zoned Vines at Vail PUD(expired). The northern edge of the Property is occupied by Planning Area-7 which is intended for municipal uses, maintenance uses, emergency services, and appurtenant uses for each required for the community. These generally limited uses will help to buffer the Eagle River and properties/uses to the north from the higher intensity uses of the Wolcott Sketch PUD. To the east of the Wolcott Sketch PUD is the Wolcott Post Office, a commercial use on a parcel zoned Resource Protection(RP) as well as US Highway 6 and the Eagle River. Across the Eagle River is the Eagle Springs Golf Course, a commercial/recreational use zoned Resource (R). The current site layout of the Application places the limited commercial uses and multifamily uses adjacent to the post office. The Applicant or developer of the Wolcott Preliminary Plan for PUD, if approved, will be required to construct buffers as required by the ECLUR,maintaining compatibility between uses. Due to its location along US 6, if the post office ever redevelops it will likely result in commercial or residential uses which the Wolcott Sketch PUD is compatible with. US Highway 6 separates the Property from any development to the east providing for compatibility. To the south of the valley portion of the Property is the Interstate-70 right-of-way corridor. The proposed site layout of the Wolcott Sketch PUD places the corridor 7 DocuSign Envelope ID:909A6AC1-0DFC-41 CF-861 A-A6B51 E026131 for the ECO Trail adjacent to the interstate providing a buffer between it and the residential development. The area south of the Wolcott Sketch PUD is zoned for the expired Wolcott PUD. Land further south is zoned Resource Protection and is managed by the Bureau of Land Management. The current Application proposes less development south of the interstate than previous iterations which protects sensitive wildlife habitat and creates a buffer between proposed development and the BLM property. To the west of the Wolcott Sketch PUD is property zoned for the expired Wolcott PUD, and a second parcel also previously zoned for the expired Wolcott PUD, and which was rezoned to the former Commercial Limited(CL) in 2021. It is expected that these properties will eventually develop as indicated in the Wolcott Community Area Plan with a mix of commercial and residential uses. This Wolcott Sketch PUD, as proposed, is compatible with these potential future uses. 10. Conformance with Comprehensive Plan. Pursuant to ECLUR Section 5-240.F.3.e(10), the PUD shall be in substantial conformance with the Eagle County Comprehensive Plan,Area Community Plans, and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. The PUD is in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans, and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management. The Property lies within the Wolcott Area Community Plan("WACP") in the Valley Floor Character Area. The Sketch PUD application is in conformance with Eagle County Comprehensive Plan Policies and Goals regarding General Development, Growth, Development, Commercial Development,Housing,Unlimited Housing Demands, Development Stakes, Infrastructure& Services, Efficient Transportation, Emergency and Community Services, Water Resources, Water Quantity, River and Riparian Habitat, Wildlife Resources, Development Impacts, Habitat Protection at the Site Scale, Sensitive Lands,Lands with Natural Hazards, and Environmental Quality. The Property is generally located within the Valley Floor Character Area of the WACP. The WACP contemplates two scenarios, scenario A includes the preservation of the existing Rural Center at the intersection of US Highway 6 and State Highway 131 and scenario B contemplates a new Residential Community, that if properly designed and implemented, would provide a considerable public benefit to the people of Wolcott and the residents of Eagle County. This Wolcott Sketch PUD fulfills the intent of Scenario B. The Application proposes to meet the Eagle County Affordable Housing 8 DocuSign Envelope ID.909A6AC1-0DFC-41CF-861A-A6B51E026131 Guidelines by providing 170 deed restricted, rent capped eligible household workforce housing multi-family units and 20 deed restricted,market rate eligible household resident occupied single family units. The affordable housing plan will be further reviewed at application for Preliminary Plan for PUD. 11. Phasing. Pursuant to Section 5-240.F.3.e(11), the Preliminary Plan for PUD shall include a phasing plan for the development. A Preliminary Phasing Plan is included in the Application. It indicates that the Wolcott Preliminary Plan for PUD, if approved, will be constructed in four phases starting with the north and west sides of the valley parcel, then the east side, followed by the southern end, and finally that portion on the south side of I-70. The phasing plan will be further reviewed at application for Preliminary Plan for PUD. 12. Common Recreation and Open Space. Pursuant to ECLUR Section 5-240.F.3.e(12), the PUD shall comply with the following common recreation and open space standards: (a) it is recommended that a minimum of 25%of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten(10) acres of common recreation and usable open space lands for every one thousand (1,000)persons who are residents of the PUD; (b) improvements required; (c) continuing use and maintenance; and(d) organization. The current design of the Wolcott Sketch PUD provides 26.28 acres of open space which represents 36.5% thereby exceeding this standard. Based on the US Census Bureau standard for Eagle County of 2.85 persons per household, 360 dwelling units generates a total occupancy of approximately 1,026 persons. As a result, 9.46 acres of property within the PUD are required to be dedicated to common area recreation. The proposed plan incorporates 26.28 acres of dedicated common area recreation, therefore the plan exceeds the requirement. Other standards relating to improvements required; continuing use and maintenance and organization will be reviewed at application for Preliminary Plan for PUD. 13. Natural Resource Protection. Pursuant to ECLUR Section 5-240.F.3.e(13), the PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4,Division 4,Natural Resource Protection Standards. Article 4-4 of the ECLUR outlines recommendations and requirements for wildlife protection, geologic hazards,hillside development, wildfire hazards, wood burning controls, ridgeline protection, and environmental impact reports. An Environmental Impact Report(the"EIR")was provided as part of the application materials. Below is a comprehensive discussion of wetlands, wildlife protection, geologic hazards, wildfire hazards and wood burning controls, and a discussion of key issues identified in the EIR. Wetlands -Riparian and wetland habitats occur along the bank and floodplain of 9 DocuSign Envelope ID.909A6AC1-0DFC-41CF-861A-A6B51E026131 the Eagle River within the Wolcott Valley project area. Based on a 2011 Vegetation Assessment, there are 2.69 acres of riparian and wetland habitat area along the Eagle River within the project area. The Application currently proposes a 25-foot wetlands setback in PA-7 and 10-foot wetlands setback in all other planning areas. According to the `wetlands setback' definition included within Section 3 of the PUD Guide, Definitions,temporary disturbances for the installation of utilities and infrastructure would be allowed within the wetlands setback, including for construction related to the proposed package plant, outfall pipe and other related improvements. Water quality-More details related to water quality will be provided by the Applicant at Preliminary Plan for PUD and will be analyzed by staff at that time. One note for consideration at Preliminary Plan for PUD, at which time a 1041 permit application will also be required, is that any new water or wastewater treatment facilities constructed to serve the development should be cited in such a way as to comply with criteria 6.04.03(2) of the County's 1041 regulations that states that to the extent feasible,wastewater and water treatment facilities shall be consolidated with existing facilities within the area. Vegetation-According to Section 3.3.4 of the EIR,Rare Plants, submitted by the Applicant,the Wolcott South project area could be suitable for Harrington penstemon, a sensitive species endemic to Colorado,which is known to occur just west of the site.Further, the EIR indicates that the most recent survey for Harrington penstemon, which occurred in 2011 was not considered effective due to drought conditions at the time. Therefore,the Applicant shall perform and submit the findings of an updated survey for Harrington penstemon for the Wolcott South project area, along with any proposed impact avoidance, minimization, and mitigation measures, as applicable, with the Preliminary Plan for PUD application. Wildlife - According to Colorado Parks and Wildlife("CPW"),the Valley portion of the project does not contain high quality habitat nor does it serve as a migration route for wildlife due to being located between I-70 and Highway 6. However, development in this area still creates the potential for human-wildlife conflict on the project site and also due to residents of the site likely recreating on adjacent land. Through the elements of the PUD Guide and conditions of approval,the Wolcott PUD will have limited impact on wildlife. Wildfire Hazard- The Wolcott Sketch PUD area is characterized by low fuel density and a low wildfire hazard on the valley parcel and a moderate wildfire hazard in the area south of I-70. Geologic Hazard-The Colorado Geologic Survey noted in their referral comments(dated July 11, 2022)that the portions of the Wolcott Sketch PUD 10 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 located south of Interstate-70 are in the toe area of a well-defined landslide deposit. In response to these comments (as well as those related to sensitive wildlife habitat)the applicant reduced the size of the area south of Interstate-70 proposed for residential development. The Colorado Geologic Survey referral comments noted that much of PA-7 is within the Eagle River 100-year flood hazard zone and therefore an erosion setback from the 100-year flood hazard limits to protect from damage due to scour and undercutting is recommended. Conditions of approval are included to address the landslide and erosion hazards. Based on the foregoing, the PUD does consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT subject to the conditions set forth below, the Application for the Wolcott Sketch Plan for PUD (Eagle County File No. PDA-9241-2022), and as subsequently amended and revised, is hereby approved for 72.17 acres of the 133.29 acre Property described in Exhibit A; and THAT,this Resolution shall serve as an agreement binding the Wolcott Sketch Plan for PUD to the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. 2. The Wolcott PUD is proposed to occupy portions of parcels 1941-232-00-038 and 1941-232-00-37. At the time of application for Preliminary Plan for PUD, the Applicant shall create legal parcels to define the Wolcott PUD boundary, and shall resolve any issues concerning resulting remnant parcels. If the remnant parcels are nonconforming and cannot be legalized through a separate platting action, it may be necessary for the Applicant to incorporate the remnant parcels into the PUD. 3. The current conceptual housing plan meets the Eagle County Affordable Housing Guidelines by proposing a variety of housing and deed restricted types. The Applicant shall provide the final housing plan, including deed restricted unit counts and deed restriction types with its application for Preliminary Plan for PUD. Final determination if the housing plan exceeds the Housing Guidelines will be determined by staff during Preliminary Plan for PUD review. 4. The Applicant shall include in any Preliminary Plan for PUD application variation request(s)per ECLUR 5-240.F.3.f.(3) for uses not allowed, allowed as a special use, or allowed as a limited use in Table 3-300 or dimensional limitations per Table 3-340 for the Resource (R)zone district and/or any other variation request. The Applicant shall provide a variation table,to include the purpose for the granting of any such variations in 11 DocuSign Envelope ID:909A6AC1-0DFC-41 CF-861 A-A6B51 E026131 accordance with the applicable ECLUR standards, including ECLUR Section 5-240.F3.f. 5. The Applicant shall include in any Preliminary Plan for PUD application a request for a reduction in the number of required parking and loading spaces per ECLUR 5-240.F.3.e.(4), if applicable. 6. Prior to submission of any Preliminary Plan for PUD application,the Applicant shall complete the applicable requirements of the Eagle River Water and Sanitation District's Development Approval and Infrastructure Acceptance process for the PUD Preliminary Plan and 1041 Permit Applications, as set forth in the District's Initial Letter for Water and Wastewater Service to Proposed Wolcott PUD Sketch Plan, dated April 18, 2022. 7. For the portion of the PUD Property south of Interstate-70,the Applicant shall submit the following with the Final Plat, as applicable: • A slope stability analysis by a qualified geotechnical engineer, for any permanent and/or temporary cuts or fills greater than five feet in height, or in areas where grading is proposed and existing slope gradients are 25%or greater. • Stormwater drainage plans shall include an analysis by a qualified geotechnical engineer. • Grading plans shall include an analysis by a qualified geotechnical engineer. 8. The Applicant shall comply with the recommendations outlined in the Environmental Impact Report and submit any updated information and/or studies with the Preliminary Plan for PUD application, as applicable. 9. The Applicant shall address the issues identified by Colorado Parks and Wildlife in its letters dated 7/8/22 and 12/12/22 in the Preliminary Plan for PUD application. 10. The Applicant shall prepare a site-specific erosion setback recommendation and justification for Planning Area-7 (adjacent to the Eagle River),prepared by a qualified geotechnical consultant, which shall be submitted with the Preliminary Plan for PUD application. THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety, and welfare of the citizens of Eagle County. [Remainder of page left intentionally blank] 12 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 14th day of November,nunc pro tunc to the 29th day of August, 2023. DocuSigned by: ``�"`°°= COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its `°°""°° BOARD OF COUNTY COMMISSIONERS ATTEST: C41DocuSigned by: DocuSigned by: 1/1.4% olio iu^, By: u1 044A.�.1.�,v�— AAA1 F9D62F248890440. SOAOS1ffCB844 Clerk to the Board Kathy Chan er-Henry County Commissioners Chair DocuSigned by: Aug sat., 81 E7D2D718E0478... Matt Scherr Commissioner DocuSigned by: r AAA('19RFRAAd7A Jeanne McQueeney Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Aye Commissioner Scherr Aye . Commissioner McQueeney Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 13 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 Exhibit A- Legal Description PARCEL A: A PART OF A PARCEL OF LAND DESCRIBED IN BOOK 409 AT PAGE 221 BEING ALL THAT PART OF TRACT NO.'S 48, 49, 55, AND 56, THAT PART OF LOT 4, SECTION 22; LOT 2, SECTION 23; AND THAT PART OF THE NORTHEAST QUARTER SOUTHEAST QUARTER OF SECTION 22, ALL IN SECTIONS 14, 22, AND 23 LYING WESTERLY OF THE CENTERLINE OF THE EAGLE RIVER TOWNSHIP 4 SOUTH, RANGE 83 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON QUARTER CORNER OF SECTIONS 22 AND 23 WHENCE THE NORTHEAST CORNER OF SECTION 22, BEARS S 00°39'56" W A DISTANCE OF 2628.81 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY FENCE OF U.S. HIGHWAY NO. 6 & 24 WHENCE THE QUARTER CORNER COMMON TO SECTIONS 14 AND 15, TOWNSHIP 4 SOUTH, RANGE 83 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS N 06°22'W A DISTANCE OF 1413.18 FEET(N 05°39'00" W A DISTANCE OF 1412.65 FEET-MEASURED); THENCE N 03°25' E A DISTANCE OF 409.16 FEET(N 03°57'15" E A DISTANCE OF 679.23 FEET-MEASURED)TO A POINT IN THE CENTER OF SAID EAGLE RIVER; THENCE ALONG SAID CENTERLINE OF SAID EAGLE RIVER THE FOLLOWING TWO (2) COURSES: 1) EAST 215.17 FEET (S 41°31'58" E A DISTANCE OF 253.89 FEET-MEASURED); 2) S 70°42' E A DISTANCE OF 240.80 FEET(S 56°08'31" E A DISTANCE OF 300.22 FEET-MEASURED)TO A POINT ON THE EAST LINE OF SAID TRACT NO. 48; THENCE SOUTH 1350.89 FEET TO TO ANGLE POINT NO. 2 OF SAID TRACT NO. 55; (THENCE S 00°32'15" E ALONG SAID EAST LINE OF SAID TRACT 48 A DISTANCE OF 34.33 FEET TO CORNER NO. 1 OF TRACT 49; THENCE S 00°32'15" E ALONG SAID EAST LINE OF SAID TRACT 49 A DISTANCE OF 528.00 FEET TO A FOUND 21/2" U.S.G.L.O. MONUMENT MARKED W.C. FOUND IN PLACE; THENCE S 00°26'59" E ALONG SAID EAST LINE OF SAID TRACT 49 A DISTANCE OF 199.91 FEET TO A FOUND 3" B.L.M. BRASS CAP MONUMENT FOUND IN PLACE; THENCE S 00°39'24" E ALONG THE EAST LINE OF SAID TRACT 49 A DISTANCE OF 588.61 FEET TO ANGLE POINT NO. 2 OF SAID TRACT NO. 55); THENCE EAST 617.55 FEET(S 89°30'08" E A DISTANCE OF 584.96 FEET-MEASURED)ALONG THE NORTH LINE OF SAID TRACT 55 TO A POINT IN THE CENTER OF SAID EAGLE RIVER; THENCE ALONG THE CENTER OF SAID EAGLE RIVER THE FOLLOWING EIGHT(8) COURSES: 1) S 26°14' E A DISTANCE OF 268.57 FEET(S 37°10'24" E A DISTANCE OF 270.80 FEET-MEASURED); 2) S 29°53' E A DISTANCE OF 1171.20 FEET(S 31°00'28" E A DISTANCE OF 1171.20 FEET-MEASURED); 3) S 23°31' E A DISTANCE OF 428.98 FEET(S 17°36'40" E A DISTANCE OF 428.85 FEET-MEASURED); 4) S 09°39' E A DISTANCE OF 559.00 FEET(S 24°58'29" E A DISTANCE OF 426.07 FEET-MEASURED); 5) S 07°10' W A DISTANCE OF 683.79 FEET(S 12°59'40" W A DISTANCE OF 564.92 FEET-MEASURED); 6) (S 05°30'59" W A DISTANCE 14 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 OF 332.34 FEET-MEASURED); 7) S 16°24' E A DISTANCE OF 677.62 FEET(S 13°36'01" E A DISTANCE OF 662.73 FEET-MEASURED); 8) S 11°06' E A DISTANCE OF 881.15 FEET(S 10°33'45" E A DISTANCE OF 874.70 FEET-MEASURED); THENCE S 69°39' W A DISTANCE OF 225.00 FEET(S 70°22'30" W A DISTANCE OF 224.34 FEET-MEASURED)TO A POINT ON THE WESTERLY RIGHT-OF-WAY FENCE OF U.S. HIGHWAY NO. 6 AND 24, WHENCE ANGLE POINT NO. 4 OF SAID TRACT NO. 56 BEARS S 69°22' E A DISTANCE OF 2428.67 FEET; THENCE S 69°39' W A DISTANCE OF 306.73 FEET(S 70°22'30" W A DISTANCE OF 306.23 FEET-MEASURED); THENCE S 78°20' W A DISTANCE OF 42.17 FEET(S 79°02'47" W A DISTANCE OF 42.23 FEET-MEASURED)TO A POINT ON THE WEST LINE OF SAID TRACT NO. 56; THENCE NORTH 1947.42 FEET(N 00°32'45" E A DISTANCE OF 1947.42 FEET-MEASURED) ALONG THE WEST LINE OF SAID TRACT NO. 56 TO ANGLE POINT NO. 2 OF SAID TRACT NO. 56, BEING A POINT ON THE SOUTH LINE OF SAID TRACT NO. 55; THENCE WEST 627.47 FEET (N 89°31'39" W A DISTANCE OF 634.69 FEET-MEASURED)ALONG THE SOUTH LINE OF SAID TRACT NO. 55; THENCE S 00°03' W A DISTANCE OF 215.23 FEET(S 00°39'07" W A DISTANCE OF 216.40 FEET-MEASURED)ALONG THE EASTERLY LINE OF SAID LOT 2 TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE N 89°53'30"W A DISTANCE OF 1318.02 FEET(N 89°17'39" W A DISTANCE OF 1311.77 FEET-MEASURED)ALONG THE SOUTHERLY LINE OF SAID LOT 2 TO THE QUARTER CORNER COMMON TO SAID SECTIONS 22 AND 23; THENCE S 00°03' W A DISTANCE OF 644.79 FEET(S 00°40'22" W A DISTANCE OF 644.79 FEET-MEASURED)ALONG THE LINE BETWEEN SAID SECTIONS 22 AND 23; THENCE N 88°37' W A DISTANCE OF 867.88 FEET(N 88°02'25" W A DISTANCE OF 869.04 FEET-MEASURED); THENCE (N 30°48'20" E A DISTANCE OF 1186.08 FEET-MEASURED)TO A POINT OF A NON-TANGENT CURVE LYING ON THE EASTERLY LINE OF BELLYACHE RIDGE ROAD; THENCE ALONG SAID EASTERLY LINE OF SAID BELLYACHE RIDGE ROAD AND WESTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 229 AT PAGE 283 THE FOLLOWING THREE (3) COURSES: 1)THENCE ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE LEFT 368.27 FEET, WITH A RADIUS OF 342.80 FEET, A CENTRAL ANGLE OF 61°33'10", AND A LONG CHORD WHICH BEARS N 49°20'45" E A DISTANCE OF 350.81 FEET(356.73 FEET ALONG SAID NON-TANGENT CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 59°37'29", A RADIUS OF 342.80 FEET AND A CHORD WHICH BEARS N 49°11'41" E A DISTANCE OF 340.85 FEET-MEASURED); 2) N 71°25'50" W A DISTANCE OF 10.00 FEET(N 70°37'04" W A DISTANCE OF 10.00 FEET-MEASURED); 3) N 19°22'56" E A DISTANCE OF 493.44 FEET TO A POINT ON THE EASTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 229 AT BOOK 283; THENCE N 30°48'20" E ALONG SAID EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 229 AT PAGE 283 A DISTANCE OF 431.83 FEET TO THE NORTHEAST CORNER OF SAID PARCEL DESCRIBED IN BOOK 229 AT PAGE 283; THENCE N 40°58' W A DISTANCE OF 524.40 FEET(N 40°15'14" W A DISTANCE OF 526.05 FEET-MEASURED)TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID INTERSTATE HIGHWAY 70; THENCE N 19°11' E A DISTANCE OF 123.25 FEET(N 19°49'30" E A DISTANCE OF 117.10 FEET-MEASURED)ALONG SAID SOUTHERLY RIGHT-OF-WAY OF SAID INTERSTATE HIGHWAY; THENCE N 03°25' E A 15 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 DISTANCE OF 1894.43 FEET(N 04°08'54" E A DISTANCE OF 1897.73 FEET-MEASURED)TO THE POINT OF BEGINNING. EXCEPTION A-1: LESS AND EXCEPT FOR THE RIGHT-OF-WAY OF U.S. HIGHWAY NO. 6 & 24 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY FENCE OF U.S. HIGHWAY NO. 6 & 24 WHENCE THE QUARTER CORNER COMMON TO SECTIONS 14 AND 15, TOWNSHIP 4 SOUTH, RANGE 83 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS N 06°22' W A DISTANCE OF 1413.18 FEET(N 05°39'00" W A DISTANCE OF 1412.65 FEET-MEASURED); THENCE N 03°57'15" E A DISTANCE OF 111.08 FEET TO A POINT OF CURVATURE ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF SAID U.S. HIGHWAY NO. 6 & 24; THENCE 595.94 FEET ALONG SAID NON-TANGENT CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 23°01'55", A RADIUS OF 1482.50 FEET AND A CHORD WHICH BEARS S 49°40'06" E A DISTANCE OF 591.94 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY OF SAID U.S. HIGHWAY NO. 6 & 24 S 00°26'59" W A DISTANCE OF 170.61 FEET TO A POINT OF A NON-TANGENT CURVE ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID U.S. HIGHWAY NO. 6 &24; THENCE 642.57 FEET ALONG SAID NON-TANGENT CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 26°37'50", A RADIUS OF 1382.50 FEET AND A CHORD WHICH BEARS N 45°55'59" W A DISTANCE OF 636.80 FEET TO THE POINT OF BEGINNING. EXCEPTION A-2: LESS AND EXCEPT FOR THE RIGHT-OF-WAY OF U.S. HIGHWAY NO. 6 & 24 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN INTERSECTION POINT ON THE NORTH LINE OF SAID TRACT NO. 55 AND THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 6 & 24 WHENCE ANGLE POINT NO. 3 OF LOT 6, SECTION 14 BEARS S 89°30'36" E A DISTANCE OF 1.48 FEET; THENCE S89°30'08" E ALONG SAID NORTH LINE OF SAID TRACT NO. 55 A DISTANCE OF 144.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID U.S. HIGHWAY NO. 6 & 24; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID U.S. HIGHWAY NO. 6 & 24 THE FOLLOWING NINE (9) COURSES: 1) S 42°26'14" E A DISTANCE OF 79.60 FEET; 2) S 32°30'40" E A DISTANCE OF 1080.40 FEET TO A POINT OF CURVATURE; 3) 1284.25 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 36°53'00", A RADIUS OF 1995.00 FEET AND A CHORD WHICH BEARS S 14°04'10" E A DISTANCE OF 1262.19 FEET; 4) S 04°22'20" W A DISTANCE OF 476.30 FEET TO A POINT OF CURVATURE; 5) 509.11 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 15°59'00", A RADIUS OF 1825.00 FEET AND A CHORD WHICH BEARS S 03°37'10" E A DISTANCE OF 507.46 FEET; 6) S 11°36'40" E A DISTANCE OF 309.40 FEET; 7) S 05°54'02" E A DISTANCE OF 100.50 FEET; 8) S 11°36'40" E A DISTANCE OF 658.90 FEET TO A POINT OF CURVATURE; 9) 216.38 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 14°05'06", A RADIUS OF 880.20 FEET AND A CHORD WHICH BEARS S 18°37'27" E 16 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 A DISTANCE OF 215.83 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY OF SAID U.S. HIGHWAY NO. 6 & 24 S 70°22'30" W A DISTANCE OF 140.57 FEET TO A POINT ON A NON-TANGENT CURVE LYING ON THE NORTHERLY RIGHT-OF WAY OF INTERSTATE HIGHWAY NO. 70; THENCE ALONG SAID NORTHERLY RIGHT-OF WAY OF INTERSTATE HIGHWAY NO. 70 THE FOLLOWING THREE (3) COURSES: 1) 235.91 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 13°15'07", A RADIUS OF 1020.00 FEET AND A CHORD WHICH BEARS N 18°14'13" W A DISTANCE OF 235.39 FEET; 2) N 51°57'43" W A DISTANCE OF 208.50 FEET; 3) N 11°36'40" W A DISTANCE OF 416.00 FEET TO A POINT OF INTERSECTION WITH SAID NORTHERLY RIGHT-OF WAY OF INTERSTATE HIGHWAY NO. 70 AND THE WEST LINE OF SAID TRACT 56;THENCE N 00°32'45" E ALONG SAID WEST LINE OF SAID TRACT 56 A DISTANCE OF 120.56 FEET; THENCE ALONG THE WESTERLY LINE OF SAID U.S. HIGHWAY NO. 6 & 24 THE FOLLOWING EIGHT(8) COURSES: 1) N 25°15'32" E A DISTANCE OF 207.69 FEET; 2) N 11°36'40" W A DISTANCE OF 209.40 FEET TO A POINT OF CURVATURE; ANGLE OF 10°07'57", A RADIUS OF 1960.00 FEET AND A CHORD WHICH BEARS N 06°32'41" W A DISTANCE OF 346.17 FEET; 4) N 00°32'45" E A DISTANCE OF 138.47 FEET TO A POINT OF CURVATURE; 5) 61.65 FEET ALONG SAID CURVE TURNING TO THE RIGTH HAVING A CENTRAL ANGLE OF 1°48'08", A RADIUS OF 1960.00 FEET AND A CHORD WHICH BEARS N 03°28'16" E A DISTANCE OF 61.65 FEET; 6) N 04°22'20" E A DISTANCE OF 476.30 FEET TO A POINT OF CURVATURE; 7) 1197.35 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 36°53'00", A RADIUS OF 1860.00 FEET AND A CHORD WHICH BEARS N 14°04'10" W A DISTANCE OF 1176.78 FEET; 8) N 32°30'40" W A DISTANCE OF 1237.59 FEET TO THE POINT OF BEGINNING. EXCEPTION A-3: LESS AND EXCEPT FOR THE RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN INTERSECTION POINT ON THE WEST LINE OF TRACT NO. 56 AND THE WESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70 WHENCE CORNER NO. 3 OF SAID TRACT 56 BEARS S 00°32'45" W A DISTANCE OF 756.50 FEET; THENCE N 00°32'45" E ALONG SAID WEST LINE OF SAID TRACT NO. 56 A DISTANCE OF 66.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 00°32'45" E ALONG SAID WEST LINE OF SAID TRACT NO. 56 A DISTANCE OF 804.32 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF SAID TRACT NO. 56 AND SAID NORTHERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70; THENCE ALONG THE NORTHERLY AND EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70 AND U.S. HIGHWAY NO. 6 & 24 THE FOLLOWING THREE (3) COURSES: 1) S 11°36'40" E A DISTANCE OF 416.00 FEET; 2) S 51°57'43" E A DISTANCE OF 208.50 FEET TO A POINT ON A NON-TANGENT CURVE; 3) 235.91 FEET ALONG SAID NON-TANGENT CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 13°15'07", A RADIUS OF 1020.00 FEET AND A CHORD WHICH BEARS S 18°14'13" E A DISTANCE OF 235.39 FEET; THENCE DEPARTING SAID NORTHERLY AND EASTERLY RIGHT-OF-WAY OF INTERSTATE 17 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 HIGHWAY NO. 70 AND U.S. HIGHWAY NO. 6 &24 S 70°22'30" W A DISTANCE OF 306.23 FEET TO THE WESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70 THE FOLLOWING THREE (3) COURSES: 1)29.00 FEET ALONG SAID NON-TANGENT CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 0°55'28", A RADIUS OF 1797.00 FEET AND A CHORD WHICH BEARS N 34°03'11" W A DISTANCE OF 29.00 FEET; 2) N 35°49'31" W A DISTANCE OF 37.00 FEET; 3) N 35°49'31" W A DISTANCE OF 5.02 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION A-4: LESS AND EXCEPT FOR THE RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE AP NO. 2 OF SAID TRACT 56, SECTION 23 BEARS S 89°31'39" E A DISTANCE OF 443.73 FEET; THENCE N 89°29'00" W A DISTANCE OF 184.18 FEET(N 89°31'39" W A DISTANCE OF 190.95 FEET-MEASURED); THENCE S 00°41'30" W A DISTANCE OF 216.90 FEET(S 00°39'07" W A DISTANCE OF 216.40 FEET-MEASURED); THENCE N 89°15'00" W A DISTANCE OF 170.74 FEET (N 89°17'39" W A DISTANCE OF 164.27 FEET-MEASURED)TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70 THE FOLLOWING SEVEN (7) COURSES: 1) N 20°52'30" W A DISTANCE OF 650.11 FEET; 2) N 12°19'35" W A DISTANCE OF 269.09 FEET; 3) N 41°38'26" W A DISTANCE OF 298.45 FEET; 4) N 29°36'46" W A DISTANCE OF 729.43 FEET; 5) N 63°10'00" W A DISTANCE OF 266.20 FEET; 6) N 47°27'42" W A DISTANCE OF 50.41 FEET; 7) N 19°11' E A DISTANCE OF 123.25 FEET(N 19°49'30" E A DISTANCE OF 117.10 FEET-MEASURED); THENCE DEPARTING SAID SOUTHWESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70 N 04°08'55" E A DISTANCE OF 397.61 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70 THE FOLLOWING FOUR(4) COURSES: 1) S 55°38'12" E A DISTANCE OF 302.16 FEET TO A POINT OF CURVATURE; 2) 1202.07 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 28°12'21", A RADIUS OF 2441.80 FEET AND A CHORD WHICH BEARS S 38°43'10" E A DISTANCE OF 1189.96 FEET; 3) S 22°08'30" E A DISTANCE OF 310.23 FEET; 4) S 20°52'30" E A DISTANCE OF 844.80 FEET TO THE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND SITUATE IN TRACT 49 AND LOT 2, ALL IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 83 WEST, 6TH P.M., DESCRIBED AS FOLLOWS:FROM THE NW COMER OF SECTION 23, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE S. 89°14' E. A DISTANCE OF 252.57 FEET, THENCE S. 40°58' E. A DISTANCE OF 144.97 FEET, THENCE S. 30°09' W. A DISTANCE OF 404.88 FEET, THENCE N. 18°34'10" E. A DISTANCE OF 82.02 FEET, THENCE ON A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 63°22'16", AN ARC LENGTH 18 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 OF 301.96 FEET, A RADIUS OF 273.01 FEET, N. 13°06'58" W. A DISTANCE OF 286.80 FEET ON THE LONG CHORD, THENCE N. 44°48'06" W. A DISTANCE OF 149.24 FEET TO THE TRUE POINT OF BEGINNING. 19 DocuSign Envelope ID:909A6AC1-0DFC-41CF-861A-A6B51E026131 Exhibit B - Depiction of PUD Area 4 .. r: �h' 4 4,., .r I ` Y,. 4/` i '� t 1; tv r .F it f. �t» r. .} • A 4. • Y t ` .1 S' - r. M all)Syr , ...+/ tx' .-4 .r",w„ r +''1*il•- ii.', r .09 fatale[MOM - INT DUQ y!.Z ► IarJ'll: . '' t ' WV?, YVD 4.,,, Illiir A'.• 9,,--... . \\,. ti # 1- \ Ilk'' 1 du+ ciuue . - ‘...41 ( ' , \ . Y t t j _ 1. . Y El5 -_,, 20