SUMMIT COUNTY BOARD of COUNTY COMMISSIONERS 1ST AMENDED REGULAR MEETING AGENDA Tuesday, March 12, 2019, 1:30 P.M

Home , Breckenridge Ski Resort, Ouray Peak, Poma

SUMMIT COUNTY BOARD OF COUNTY COMMISSIONERS 1ST AMENDED REGULAR MEETING AGENDA Tuesday, March 12, 2019, 1:30 p.m. County Commissioners’ Meeting Room; Summit County Courthouse 208 Lincoln Avenue, Breckenridge, Colorado

For assistance or questions regarding special accommodations, accessibility, or available audio/visual equipment, please contact 970-453-3429 as soon as possible.

I. CALL TO ORDER

II. ROLL CALL

III. APPROVAL OF AGENDA

IV. CITIZEN COMMENT

V. PROCLAMATIONS & ANNOUNCEMENTS

A. Resolution Proclaiming The Period From 8:30 P.m. To 9:30 P.m. On Saturday, March 30, 2019 As Earth Hour

Documents:

PROCA - EARTH HR 2019-XX RESO.PDF

B. Resolution In Honor And Recognition Of Dan Gibbs's Service And Contribution To Summit County, Colorado

Documents:

PROCB - DRAFT RECOGNITION RESOLUTION - DAN GIBBS.PDF

VI. CONSENT AGENDA

A. Approval Of Minutes From The 2-26-19 Meeting

Documents:

CONSENT A - 022619 REG MIN.PDF

B. Warrant Lists Of 2-16-19 To 2-28-19 (Finance)

Documents:

CONSENT B - WARRANT LISTS OF FEBRUARY 16 - 28.PDF

C. Liquor License Renewal For Powdr-Copper Mountain LLC Dba COPPER MOUNTAIN RESORT; Resort Complex; Jay Edwards; Located At 209 Ten Mile Circle, Copper Mountain, CO 80443 (Clerk)

Documents:

CONSENT C - COPPER MOUNTAIN RESORT RENEWAL MATERIALS_REDACTED.PDF

D. Seeding Of The Joint Upper Blue TDR Bank With 2.00 Units Of Density From Open Space Tracts A, B, C, Golden Edge Subdivision And Jumbo Mill Site MS# 4252 Located In T6-R77W-S20; A Total Of 40.134 Acres Zoned Backcountry (PLN19-011/Summit County) Upper Blue Basin (Planning)

Documents:

CONSENT D1 - PLN19-011_STAFF REPORT.PDF CONSENT D2 - PLN19-011_ATTACHMENT A_TDR DENSITY TRANS AND CCRS.PDF CONSENT D3 - PLN19-011_ATTACHMENT B_VICNITY MAP.PDF

VII. NEW BUSINESS

VIII. PUBLIC HEARING

A. 2018 Budget Amendment (Finance)

Documents:

PH A - FINANCE Q4 2018 POST YEAR END RESOLUTION.PDF

B. 2019 Budget Amendment (Finance)

Documents:

PH B - FINANCE Q1 2019 RESOLUTION.PDF

C. A Proposed County Commons PUD Minor Modification To Adjust Parcel Boundaries And Update The PUD To Align With Existing And Future Development In The PUD; Approx.130 Acres, T5S, R78W, Sections 35/36, Government Lots 11, 13, 15, 18, 22, And 23. (PLN18-115/Summit County) Ten Mile Basin (Planning)

Documents:

PH C1 - PLN18-115 STAFF REPORT.PDF PH C2 - PLN18-115 ATTACHMENTS.PDF PH C3 - PLN18-115 RESO.PDF

D. A Proposed Minor Modification To The Keystone PUD To Update The Employee Generation Rates, As Required By Section B.6.C.iii.c Of The PUD, And Other Miscellaneous Modifications To Accomplish The Foregoing. (PLN18-059/Kara Boyer) Snake River Basin (Planning)

Documents:

PH D1 - PLN18-059 STAFF REPORT BOCC 3-12-19 FINAL.PDF PH D2 - ATTACHMENT A - REVISED 2018 GENERATION REPORT - DATED 12-12-18.PDF PH D3 - ATTACHMENT B - 2018.FINAL HOUSING REPORT.PDF PH D4 - ATTACHMENT C - EPS PEER REVIEW OF KEYSTONE PUD HOUSING ANALYSIS.PDF PH D5 - ATTACHMENT D - DRAFT KEYSTONE PUD.PDF

IX. ADJOURNMENT

*This agenda is subject to change at any time. Please contact the Manager’s Office or visit our website to obtain updates at: http://www.summitcountyco.gov SUMMIT COUNTY BOARD OF COUNTY COMMISSIONERS 1ST AMENDED REGULAR MEETING AGENDA Tuesday, March 12, 2019, 1:30 p.m. County Commissioners’ Meeting Room; Summit County Courthouse 208 Lincoln Avenue, Breckenridge, Colorado

For assistance or questions regarding special accommodations, accessibility, or available audio/visual equipment, please contact 970-453-3429 as soon as possible.

I. CALL TO ORDER

II. ROLL CALL

III. APPROVAL OF AGENDA

IV. CITIZEN COMMENT

V. PROCLAMATIONS & ANNOUNCEMENTS

A. Resolution Proclaiming The Period From 8:30 P.m. To 9:30 P.m. On Saturday, March 30, 2019 As Earth Hour

Documents:

PROCA - EARTH HR 2019-XX RESO.PDF

B. Resolution In Honor And Recognition Of Dan Gibbs's Service And Contribution To Summit County, Colorado

Documents:

PROCB - DRAFT RECOGNITION RESOLUTION - DAN GIBBS.PDF

VI. CONSENT AGENDA

A. Approval Of Minutes From The 2-26-19 Meeting

Documents:

CONSENT A - 022619 REG MIN.PDF

B. Warrant Lists Of 2-16-19 To 2-28-19 (Finance)

Documents:

CONSENT B - WARRANT LISTS OF FEBRUARY 16 - 28.PDF

C. Liquor License Renewal For Powdr-Copper Mountain LLC Dba COPPER MOUNTAIN RESORT; Resort Complex; Jay Edwards; Located At 209 Ten Mile Circle, Copper Mountain, CO 80443 (Clerk)

Documents:

CONSENT C - COPPER MOUNTAIN RESORT RENEWAL MATERIALS_REDACTED.PDF

Documents:

CONSENT D1 - PLN19-011_STAFF REPORT.PDF CONSENT D2 - PLN19-011_ATTACHMENT A_TDR DENSITY TRANS AND CCRS.PDF CONSENT D3 - PLN19-011_ATTACHMENT B_VICNITY MAP.PDF

VII. NEW BUSINESS

VIII. PUBLIC HEARING

A. 2018 Budget Amendment (Finance)

Documents:

PH A - FINANCE Q4 2018 POST YEAR END RESOLUTION.PDF

B. 2019 Budget Amendment (Finance)

Documents:

PH B - FINANCE Q1 2019 RESOLUTION.PDF

Documents:

PH C1 - PLN18-115 STAFF REPORT.PDF PH C2 - PLN18-115 ATTACHMENTS.PDF PH C3 - PLN18-115 RESO.PDF

Documents:

IX. ADJOURNMENT

For assistance or questions regarding special accommodations, accessibility, or available audio/visual equipment, please contact 970-453-3429 as soon as possible.

I. CALL TO ORDER

II. ROLL CALL

III. APPROVAL OF AGENDA

IV. CITIZEN COMMENT

V. PROCLAMATIONS & ANNOUNCEMENTS

A. Resolution Proclaiming The Period From 8:30 P.m. To 9:30 P.m. On Saturday, March 30, 2019 As Earth Hour

Documents:

PROCA - EARTH HR 2019-XX RESO.PDF

B. Resolution In Honor And Recognition Of Dan Gibbs's Service And Contribution To Summit County, Colorado

Documents:

PROCB - DRAFT RECOGNITION RESOLUTION - DAN GIBBS.PDF

VI. CONSENT AGENDA

A. Approval Of Minutes From The 2-26-19 Meeting

Documents:

CONSENT A - 022619 REG MIN.PDF

B. Warrant Lists Of 2-16-19 To 2-28-19 (Finance)

Documents:

CONSENT B - WARRANT LISTS OF FEBRUARY 16 - 28.PDF

C. Liquor License Renewal For Powdr-Copper Mountain LLC Dba COPPER MOUNTAIN RESORT; Resort Complex; Jay Edwards; Located At 209 Ten Mile Circle, Copper Mountain, CO 80443 (Clerk)

Documents:

CONSENT C - COPPER MOUNTAIN RESORT RENEWAL MATERIALS_REDACTED.PDF

Documents:

CONSENT D1 - PLN19-011_STAFF REPORT.PDF CONSENT D2 - PLN19-011_ATTACHMENT A_TDR DENSITY TRANS AND CCRS.PDF CONSENT D3 - PLN19-011_ATTACHMENT B_VICNITY MAP.PDF

VII. NEW BUSINESS

VIII. PUBLIC HEARING

A. 2018 Budget Amendment (Finance)

Documents:

PH A - FINANCE Q4 2018 POST YEAR END RESOLUTION.PDF

B. 2019 Budget Amendment (Finance)

Documents:

PH B - FINANCE Q1 2019 RESOLUTION.PDF

Documents:

PH C1 - PLN18-115 STAFF REPORT.PDF PH C2 - PLN18-115 ATTACHMENTS.PDF PH C3 - PLN18-115 RESO.PDF

Documents:

IX. ADJOURNMENT

*This agenda is subject to change at any time. Please contact the Manager’s Office or visit our website to obtain updates at: http://www.summitcountyco.gov RESOLUTION NO. 2019-

BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SUMMIT STATE OF COLORADO

A RESOLUTION PROCLAIMING THE PERIOD FROM 8:30 P.M. TO 9:30 P.M. ON SATURDAY, MARCH 30, 2019 AS “EARTH HOUR”

WHEREAS, the period from 8:30 p.m. to 9:30 p.m. on Saturday, March 30, 2019 has been designated as “Earth Hour” to remind everyone that, by working together, we can reduce greenhouse gas emissions with energy conservation and efficiency to thereby reduce our community’s carbon footprint; and

WHEREAS, during Earth Hour all citizens, businesses and governments are being requested to turn off all non-essential lighting to conserve energy and reduce their impact on the environment; and

WHEREAS, cities and states across the country are joining together to raise awareness and demonstrate our nation’s commitment to fighting climate change by supporting Earth Hour; and

WHEREAS, during Earth Hour lights will be turned off at facilities around the world including the iconic landmarks of the Golden Gate Bridge, the Empire State Building, the Great Pyramids of Giza and the Eiffel Tower, and Summit County is proud to join the effort by turning off its non-essential lighting in government buildings during Earth Hour; and

WHEREAS, Summit County encourages all citizens, visitors and businesses to participate in Earth Hour by turning off non-essential lights and to commit to actions in the coming year to reduce their energy consumption and carbon footprint; and

WHEREAS, Earth Hour is a symbolic international event to encourage a better vision for energy efficiency and conservation to protect our future and that of future generations; and

WHEREAS, the Summit County Board of County Commissioners have been very concerned about the environment and conservation of natural resources and have engaged in a number of steps to encourage energy conservation and efficiency including:

 Adoption of the Summit Sustainable Building Code to increase the energy efficiency and reduce the environmental impact of residential housing units in the County.

 Construction of the Materials Recovery Facility (MRF) to allow for large-scale, efficient recycling operations in Summit County.

 Completion of an energy audit of County facilities and implementation of recommended energy efficiency improvements such as lighting replacements, mechanical and control systems upgrades and improved building insulation.  Completion of a renewable energy feasibility study for all County facilities to help develop economically feasible systems such as solar photovoltaic (PV), wind, solar thermal, and geothermal technology.

 Construction of six solar PV systems totaling 48 kW at County facilities, which will generate a total of 70,000 kWh/year of electricity. These systems are located at the Building & Grounds Office & Garage, Community & Senior Center, Fleet Maintenance Facility, Justice Center, Materials Recovery Facility and North Branch Library. Combined these systems will save Summit County $300,000 over 20 years and offset 1.5 million lbs of CO2 over that same period.

 Construction of a new Fleet Maintenance Facility that incorporated numerous sustainable building features, passive solar lighting and heating, energy efficient construction, and the use of recycled materials.

 Development of a large-scale Commercial Class 1 Composting Facility and a pilot project for the commercial collection of organic waste for composting.

 Creation of a Sustainability Task Force to develop and implement a Sustainability Action Plan for County facilities and operations that will provide direction on how to improve management practices and operating efficiency, and reduce the environmental impacts of the County’s facilities, transportation, and day-to-day operations.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SUMMIT, STATE OF COLORADO THAT March 30, 2019 from 8:30 p.m. to 9:30 p.m. is hereby proclaimed as “Earth Hour” in Summit County and call upon all residents, businesses and visitors to join us in supporting the goals of this effort by turning off all non-essential lighting.

ADOPTED THIS 12th DAY OF MARCH, 2019.

COUNTY OF SUMMIT STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS

______Thomas C. Davidson, Chair

ATTEST:

______Kathleen Neel, Clerk & Recorder RESOLUTION NO. 2019-XX

BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SUMMIT STATE OF COLORADO

A RESOLUTION IN HONOR AND RECOGNITION OF DAN GIBBS’S SERVICE AND CONTRIBUTION TO SUMMIT COUNTY, COLORADO.

WHEREAS, the Board of County Commissioners of Summit County, Colorado, wishes to recognize and honor Dan Gibbs for his service to Summit County as a member of the Board of County Commissioners; and

WHEREAS, Dan contributed eight years of service on the Board of County Commissioners, stepping down from his post in January of 2019, to serve as the Executive Director of the Department of Natural Resources; and

WHEREAS, Dan has been a tireless worker in the interest of the People of Summit County, ever considerate of the rights of others; ever ready to listen to both sides of any question which presented itself, to approach the same in an open and fair-minded manner; ever courteous to his fellow members of the Board and the Officers and People of Summit County; and

WHEREAS, during his term in office, and due to his energy, foresight, and cooperation with the other members of the Board and the Officers and People of Summit County, many valuable and splendid things have been achieved and accomplished, which will remain as a tribute to Dan and his work.

NOW, THEREFORE, the Board of County Commissioners of the County Of Summit, State Of Colorado, do take this humble means of expressing our appreciation of Dan’s past services and assistance, his kind and friendly character, and to bid him an affectionate farewell and wish him further success and happiness in life.

ADOPTED THIS 12TH DAY OF MARCH 2019.

COUNTY OF SUMMIT STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS

Thomas C. Davidson, Chair

Karn Stiegelmeier, Commissioner ATTEST:

Elisabeth Lawrence, Commissioner

Kathleen Neel, Clerk & Recorder

BOARD OF COUNTY COMMISSIONERS 970.453.3402 ph | 970.453.3535 f 208 East Lincoln Ave. | PO Box 68 www.SummitCountyCO.gov Breckenridge, CO 80424

SUMMIT COUNTY BOARD OF COUNTY COMMISSIONERS Tuesday, February 26, 2019 1:30 p.m. SUMMARY MINUTES

I. CALL TO ORDER The Meeting of the Board of County Commissioners on Tuesday, February 26, 2019 was called to order by Chair, Thomas C. Davidson, at 1:31 p.m. in the County Commissioners’ Meeting Room, Summit County Courthouse, 208 Lincoln Avenue, Breckenridge, Colorado.

II. ROLL CALL Board Members present and answered to the roll call were: Thomas C. Davidson, Chair Karn Stiegelmeier, Commissioner Elisabeth Lawrence, Commissioner

Staff Present were as follows: Jeff Huntley, County Attorney; Keely Ambrose, Assistant County Attorney; Bentley Henderson, Assistant County Manager; Sarah Vaine, Assistant County Manager; Kathy Neel, Clerk & Recorder; Stacey Campbell, Chief Deputy Clerk; Don Reimer, Planning Director; Lindsay Hirsh, Senior Planner; Eva Henson, Administrative Manager, and Sarah Wilkinson, Deputy Clerk.

Additional attendees present were as follows: David Bernstein, Colin Deihl, Charles Toups, Randy May, and Dan Teodoru.

III. APPROVAL OF AGENDA The agenda was approved, as presented.

IV. CITIZEN COMMENT Charles Toups spoke to express concern for guest safety due to alcohol impairment at ski areas, particularly at the newly approved Il Rifugio at Arapahoe Basin; he stated that it is an issue at ski areas throughout the county and state.

V. CONSENT AGENDA A. Approval of Minutes from the 2-12-19 Meeting. Approved as presented; and B. Warrant Lists of 2-1-19 to 2-15-19 (Finance). Approved as presented by the Finance Department; and C. Approval of Cost of Living Adjustment (COLA) 2019 Application (Head Start). Approved as presented; and D. Approval of a Resolution to Empower Assessor for Abatements (Assessor). Approved Resolution 2019-09; and

Summit County Board of County Commissioners’ Meeting Minutes of February 26, 2019 E. Approval of a Resolution Endorsing the 2018 Breckenridge Heritage Alliance Historic Resources Management Plan (Open Space & Trails). Approved Resolution 2019-10; and

MOTION: A motion was made by Commissioner Stiegelmeier and seconded by Commissioner Lawrence to approve the Consent Agenda, items A-E, including Resolutions 2019-09 and 2019-10, as referenced above.

VI. NEW BUSINESS A. A proposed General Subdivision Exemption Plat to create a 0.206 acre parcel to accommodate the reconstruction of a water treatment facility for the Snake River Water District, Tract A, Keystone Village II, Filing #2 (PLN18-119/Snake River Water District) Snake River Basin (Planning).

Lindsay Hirsh gave a digital presentation and a brief background of the planning case. He explained that the General Subdivision Exemption creates a legal parcel, which was never properly platted, in order to accommodate an upgrade on an existing facility that has been in place and in operation since 1972. The proposal will also facilitate a transfer ownership of the parcel from Vail Resorts to the Snake River Water District. Mr. Hirsh noted that the Snake River Water District has already submitted a Location and Extent application to the Snake River Planning Commission, which was approved the request on February 21.

Staff recommended approval of the proposed resolution including the 7 findings as listed in the staff report.

Randy May, Board Director of the Snake River Water District, spoke to clarify the history of the facility, the parcel, and the easement agreement dating back to 1972. He explained that as condominium projects and the highway were platted, the subject parcel was a remaining piece of land that was never technically subdivided.

Jeff Huntley suggested adding a condition that the BOCC’s approval is not effective until the appeal period for the Location and Extent application with the Snake River Planning Commission has ended.

MOTION: A motion was made by Commissioner Stiegelmeier and seconded by Commissioner Lawrence to approve Resolution 2019-11, a General Subdivision Exemption Plat to create a 0.206 acre parcel to accommodate the reconstruction of a water treatment facility for the Snake River Water District, Tract A, Keystone Village II, Filing #2 (PLN18-119/Snake River Water District) Snake River Basin (Planning) including the 7 findings as listed in the staff report and the 1 condition as presented at the hearing.

MOTION PASSED UNANIMOUSLY BY THE BOARD PRESENT

B. A proposed General Subdivision Exemption Plat/Lot Line Adjustment to reconfigure the Lot line located between Lot 21 and Tract AR, Dercum's Dash, Zoned Dercum's Dash PUD (PLN18-114/David Bernstein) Snake River Basin (Planning) Continued from the February 12, 2019 Regular Meeting.

Summit County Board of County Commissioners’ Meeting Minutes of February 26, 2019 Mr. Hirsh gave a digital presentation and discussed staff’s additional research into the history of the community clubhouse and employee housing unit as it pertains to the overall rezoning, PUD approvals, and subdivision approvals.

Mr. Hirsh cited a previous PUD amendment, PLN14-014, which included switching the Clubhouse and Employee Housing lot from an original, larger lot to its existing location. He added that the current proposal further diminishes the lot size, a change constituting about a 51.5% reduction in lot size from its current configuration and over 60% reduction from the original location. He observed a general, downward trend in the size of the lot designated for a Clubhouse and Employee Housing since the original PUD was approved. He also mentioned that when the original PUD was approved in 2004, housing needs were considered as part of the review.

Staff recommended that a PUD amendment would be the appropriate process to consider the proposal further.

Colin Deihl, counsel for applicant, provided background about the development of the subdivision, including a history of the proposed clubhouse and recent discussions with residents about the clubhouse. He stated that since the uses of the lots are not changing, he believes the application meets the criteria, and requested clarification regarding the specific criteria for a lot line adjustment, since it was now recommended by staff to be a PUD amendment.

Mr. Deihl also mentioned that the applicant was applying on behalf of the current owners of Lot 21, who have already commissioned plans for a house that can only be accommodated by the larger lot size as proposed by the application.

Commissioner Stiegelmeier noted that the issue is certainly confusing, but stated the PUD amendment process would be more appropriate as it would give all homeowners in the subdivision the chance to have a better understanding of the proposal.

Commissioner Davidson agreed with Commissioner Stiegelmeier and noted the change in the size of Lot AR is too significant for him to consider as a lot line adjustment.

Commissioner Lawrence inquired regarding the plan for Tract AR if the lot line adjustment were granted. David Bernstein, applicant, responded that once 75% of the homes/land in the community are sold, the owners would get control of Tract AR and choose what to do with the land.

Mr. Huntley and Ms. Ambrose presented a proposed draft Resolution in the event that the Board decided a PUD amendment is necessary.

Commissioner Stiegelmeier acknowledged that due to the confusion of the process, should the applicant need to go through an additional process with the Planning Department, the fees could be waived for a future application.

Mr. Deihl requested clarification regarding next steps for the proper process to continue the conversation. Mr. Huntley presented various different options for resubmittal, continuance, and tabling, which all depend on the scope of the changes requested.

A brief recess was taken at 2:15 p.m.

Summit County Board of County Commissioners’ Meeting Minutes of February 26, 2019 The meeting resumed at 2:18 p.m.

Mr. Deihl inquired if there is a defined difference between a lot line adjustment and a PUD amendment, particularly in regards to the change in lot size. Ms. Ambrose responded that it depends on the net change in square footage of the lot. Don Reimer clarified that based on criteria for a site plan modification, staff would consider a 10% change, whether in the lot area or building area, to be the trigger for what would require a PUD amendment instead of a lot line adjustment.

Mr. Deihl requested a continuance in order for staff and applicant to understand the details and criteria to determine the proper process for the application.

Staff and applicant discussed the appropriate amount of time for a continuance and agreed upon March 26, 2019.

MOTION: A motion was made by Commissioner Lawrence and seconded by Commissioner Stiegelmeier to continue to the BOCC Regular Meeting on Tuesday, March 26, 2019 at 1:30 pm, New Business B, a Proposed General Subdivision Exemption Plat / lot line adjustment to reconfigure the lot line located between Lot 21 and Tract AR, Dercum's Dash, Zoned Dercum’s dash PUD (PLN18-114/David Bernstein).

MOTION PASSED UNANIMOUSLY BY THE BOARD PRESENT

VII. PUBLIC HEARING

VIII. ADJOURNMENT The meeting was adjourned at 2:24 p.m. and convened into Work Session.

Respectfully submitted, Approved by:

______Sarah Wilkinson, Deputy Clerk Thomas C. Davidson, Chair

NOTE: These minutes are a summary of the proceedings and motions of the February 26, 2019 Board of County Commissioners’ Regular Meeting. The complete digital recording is available in the Office of the Clerk & Recorder, Summit County Courthouse, 2nd Floor, 208 Lincoln Avenue, Breckenridge, Colorado 80424.

Summit County Board of County Commissioners’ Meeting Minutes of February 26, 2019 Fiscal Year Hierarchy (Multiple Items) Warrant List, February 16 - 28, 2019 Row Labels Invoice Detail Account Amount 10 - GENERAL FUND 173,017.40 AIRGAS USA, LLC 10.01 SVC - SERVICES 10.01 BRECKENRIDGE ANIMAL CLINIC INC 330.90 SVC - SERVICES 330.90 BUFFALO MTN ANIMAL HOSPITAL 43.12 SVC - SERVICES 43.12 COLORADO COUNTY ATTORNEY'S ASSOC 600.00 DUES - DUES 600.00 COLORADO SECRETARY OF STATE 20.00 GOVT - GOVERNMENT AGENCY 20.00 CORUM REAL ESTATE GROUP INC. 3,480.00 SUPP - SUPPLIES 3,480.00 COUNTY MANAGER ONE TIME 541.16 SUPP - SUPPLIES 541.16 CROWN TROPHY 32.50 SUPP - SUPPLIES 32.50 ELECTION CENTER 1,476.00 SVC - SERVICES 1,476.00 ESRI INC 35,750.00 SUPP - SUPPLIES 35,750.00 HENRY SCHEIN ANIMAL HEALTH 515.72 SVC - SERVICES 515.72 HILL'S PET NUTRITION 312.17 SUPP - SUPPLIES 312.17 IDEXX LABORATORIES 194.23 SUPP - SUPPLIES 194.23 JANEEN K OGDEN 1,500.00 SVC - SERVICES 1,500.00 JEFF HUNTLEY 345.79 EE - EMPLOYEE REIMB 345.79 JM SILVERTHORNE LLC 22.75 SVC - SERVICES 22.75 JUSTIN MILIZIO, DVM 1,361.00 SVC - SERVICES 1,361.00 KINSCO LLC 197.96 SVC - SERVICES 197.96 LASER GRAPHICS 678.50 SUPP - SUPPLIES 678.50 LENKA'S LOVING CARE INC 360.00 SVC - SERVICES 360.00 MAGDALENA CZANERLE 85.00 SUPP - SUPPLIES 85.00 MIND SPRINGS HEALTH, INC. 2,916.66 SVC - SERVICES 2,916.66 MLS COURIER LLC 317.75 SVC - SERVICES 317.75 OFFICE OF THE DISTRICT ATTORNEY 112,866.66 GOVT - GOVERNMENT AGENCY 112,866.66 PEAK APPLIANCE REPAIR, INC 286.00 SVC - SERVICES 286.00 SANDRA MENEFEE 400.00 SVC - SERVICES 400.00 SCOTT VARGO 83.52 EE - EMPLOYEE REIMB 83.52 SHAWNA GOGOLEN 80.00 EE - EMPLOYEE REIMB 80.00 SHERIFF ONE TIME 710.00 SUPP - SUPPLIES 710.00 SUMMIT COMMUNITY CARE CLINIC 7,500.00 SVC - SERVICES 7,500.00 20 - ROAD & BRIDGE FUND 3,536.43 GRAND GRAVEL PIT LLC 3,185.10 SUPP - SUPPLIES 3,185.10 KUBAT 351.33 SUPP - SUPPLIES 351.33 21 - TRANSIT FUND 1,838.32 DALANDZ 425.25 SUPP - SUPPLIES 425.25 ECO TRANSIT 600.00 SVC - SERVICES 600.00 INFINITY CERTIFIED WELDING & FABRIC 256.57 SUPP - SUPPLIES 256.57 MOUNTAINSIDES CONDO ASSOCIATION 294.00 SVC - SERVICES 294.00 ROCKY MOUNTAIN COFFEE ROASTERS 262.50 SUPP - SUPPLIES 262.50 22 - OPEN SPACE FUND 1,700.00 TOWN OF BRECKENRIDGE 1,700.00 GOVT - GOVERNMENT AGENCY 1,700.00 24 - 2010 FUND 335.00 DILLON VALLEY WEST 335.00 SVC - SERVICES 335.00 29 - E-911 FUND 59.99 CENTURYLINK 59.99 SVC - SERVICES 59.99 32 - LEGACY OPERATIONS FUND 24,355.83 RESOURCE ENGINEERING 4,758.75 SVC - SERVICES 4,758.75 SUMMIT COUNTY MEDICAL OFFICE 19,597.08 SVC - SERVICES 19,597.08 33 - LIBRARY FUND 19.00 LIBRARY ONE TIME 19.00 SUPP - SUPPLIES 19.00 70 - AMBULANCE FUND 128,968.90 ALPINE SECURITY, LLC 1,028.91 SVC - SERVICES 1,028.91 AMBULANCE ONE TIME 2,070.27 SUPP - SUPPLIES 2,070.27 ESO SOLUTIONS INC 397.00 SVC - SERVICES 397.00 LIFEMED SAFETY, INC. 125,100.00 SUPP - SUPPLIES 125,100.00 QUILL.COM 122.72 SUPP - SUPPLIES 122.72 RED, WHITE & BLUE FIRE PROTECTION D 250.00 GOVT - GOVERNMENT AGENCY 250.00 71 - SNAKE RIVER SEWER FUND 1,843.94 GRAINGER 14.44 SUPP - SUPPLIES 14.44 SGS NORTH AMERICA INC 289.50 SVC - SERVICES 289.50 TETRA TECH, INC. 1,540.00 SVC - SERVICES 1,540.00 72 - SOLID WASTE FUND 1,033.26 ALSCO 62.89 SUPP - SUPPLIES 62.89 KARI TRIMBLE 117.70 EE - EMPLOYEE REIMB 117.70 KUBAT 702.67 SUPP - SUPPLIES 702.67 WILLIAM SCHENK 150.00 GOVT - GOVERNMENT AGENCY 150.00 80 - FLEET MAINTENANCE FUND 14,730.49 MANSFIELD OIL COMPANY 14,730.49 SUPP - SUPPLIES 14,730.49 81 - GROUP INSURANCE FUND 196,591.31 EBMS 196,591.31 SVC - SERVICES 196,591.31 82 - UNEMPLOYMENT INSURANCE FUND 1,966.00 EMPLOYERS UNITY 1,966.00 SVC - SERVICES 1,966.00 90 - FLEXIBLE SPENDING FUND 14,698.69 EBMS 14,698.69 SVC - SERVICES 14,698.69 Grand Total 564,694.56 KATHLEEN NEEL, CLERK & RECORDER LIQUOR LICENSING (970) 453-3472 Summit County Government 208 East Lincoln Ave. | P.O. Box 1538 Breckenridge, CO 80424 www.summitcountyco.gov

LIQUOR LICENSE REVIEW

Licensee Organization: Powdr-Copper Mountain LLC Establishment Name (DBA): Copper Mountain Resort Physical Address: 209 Ten Mile Circle Copper Mountain, CO 80443 Mailing Address: P.O. Box 3117 Frisco, CO 80443 Licensee Name/Representative/Manager: Jay Edwards Date of Application: February 22, 2019

INDIVIDUAL PARTNERSHIP CORP LLC

RENEWAL NEW TRANSFER MODIFICATION B&B PERMIT MANAGER CORPORATE TRADE NAME REGISTRATION NAME CHANGE CHANGE

HOTEL AND RESTAURANT 3.2% BEER OFF PREMISES TAVERN RESORT COMPLEX BEER AND WINE RETAIL LIQUOR STORE

STAFF COMMENTS: SHERIFF’S OFFICE COMMENTS: See attached approval letter. CLERK & RECORDER COMMENTS: Complete application and proper fees submitted.

BOCC INFORMATION: LOCAL LICENSING AUTHORITY: Summit County Board of Commissioners MEETING AGENDA DATE: Tuesday, March 12, 2019

BOARD OF COUNTY COMMISSIONERS MARCH 12 , 2019 PLANNING CASE # PLN19-011: JOINT UPPER BLUE TDR BANK DENSITY TRANSFER AGREEMENT CONSENT AGENDA

PROJECT INFORMATION: Location: Upper Blue Basin

Project/Request: Seeding of the Joint Upper Blue TDR Bank with 2.00 units of density from Jumbo Mill Site MS# 4252 located in T6-R77W-S20 and Open Space Tracts A, B, C, Golden Edge Subdivision; a total of 40.134 acres zoned Backcountry ISSUES: None

UPPER BLUE BASIN PLANNING COMMISSION RECOMMENDATION: The UBPC does not review TDR transfers

RESOLUTION STATUS: Resolution Not Required

STAFF RECOMMENDATION: Approval

ATTACHMENTS: Attachment A: Density Transfer Agreement and Declaration of Covenants, Conditions, and Restrictions Attachment B: Property Locator Map

PLN19-011: Joint Upper Blue TDR Bank Seeding Page 1 of 3 BOCC: 3-12-19 PLANNING DEPARTMENT

970.668.4200 0037 Peak One Dr. |PO Box 5660 www.SummitCountyCO.gov Frisco, CO 80443

STAFF REPORT

TO: Board of County Commissioners

FROM: Jessica Potter, Planner II

FOR: Meeting of March 12, 2019

SUBJECT: PLN19-011 – Joint Upper Blue TDR Bank Seeding

APPLICANT / OWNER: Summit County and the Town of Breckenridge

REQUEST: Seeding of the Joint Upper Blue TDR Bank with 2.00 units of density from Jumbo Mill Site MS# 4252 located in T6-R77W-S20 and Open Space Tracts A, B, C, Golden Edge Subdivision; a total of 40.134 acres zoned Backcountry

SITE DESCRIPTION: Location: Upper Blue Basin

Existing Zoning: Backcountry

Proposed Use: Open Space

Total site area: 40.134 acres

BACKGROUND: In July 2000, the Town of Breckenridge and Summit County entered into an Intergovernmental Agreement (IGA) concerning transferable development rights. The IGA was amended in April 2007 and accomplishes several purposes, including: allowing development rights on County Sending Areas to be transferred to Town Receiving Areas and authorizing the establishment of a Joint Upper Blue TDR Bank, to be administered by the County with assistance from the Town. The TDR Bank was established to provide a known location where owners of Sending Area properties could go to sell development rights and where owners of Receiving Area parcels could go to purchase development rights. Since its creation, the Joint Upper Blue TDR Program has protected approximately 1,700 acres of backcountry and rural property in the Upper Blue Basin and generated nearly 4 million dollars to supplement the County and Town of Breckenridge’s open space programs.

REQUESTED ACTION The subject application proposes to transfer 2.00 development rights from 40.134 acres of identified TDR sending area properties into the Joint Upper Blue TDR Bank. All properties are owned jointly by Summit County and the Town of Breckenridge. Open Space Tracts A, B, and C, Golden Edge Subdivision were platted in conjunction with the County and Town’s acquisition of these properties on the side of Bald Mountain in January 2019. A condition of approval of PLN18-089, the General Subdivision Exemption that platted these open space tracts, is that these properties are subsequently rezoned to Open Space. Transferring the density off of these

PLN19-011: Joint Upper Blue TDR Bank Seeding Page 2 of 3 BOCC: 3-12-19 properties and into the Joint Upper Blue Bank is the first step in this process. The Jumbo Mill Site was mistakenly shown as a TDR Neutral Property – Development Rights Extinguished; however Staff has confirmed that this was an error and is a TDR Sending Area. The development rights have not yet been extinguished from this property, but will be with this request. All properties are zoned Backcountry; the minimum lot size in these zone districts is 1 unit per 20 acres. The following table provides additional detail regarding the sending area properties. A map showing the location of the TDR sending sites is attached for the BOCC’s reference (Attachment B).

Upper Blue Basin TDR Sending Site – Property Information TDR Value Property Name Acreage (Dev. Rights) PPI # Acquisition Year Open Space Tracts A, B, C; Golden Edge Subdivision 37.134 1.85 * 2019 Jumbo MS #4252; T6-R77W-S20 2211-2030- 3 0.15 00-012 2009

TOTAL 40.134 2.00 *At the time of the preparation of this report, PPIs for the Golden Edge Subdivision have not yet been created by the Assessor’s Office.

The Density Transfer Agreement and Declaration of Covenants, Conditions and Restrictions (Attachment A) is the mechanism being used to transfer the density off of the TDR sending sites and into the Joint Upper Blue TDR Bank. The attached Density Transfer Agreement and Declaration of Covenants, Conditions and Restrictions is consistent with the restrictive covenant that has historically been utilized to transfer density into the Joint Upper Blue TDR Bank. The agreement will effectively eliminate all density on the TDR sending site, and will restrict the use of the property to open space uses. The agreement will be recorded upon approval by the BOCC.

STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve PLN19-011, the seeding of the Joint Upper Blue TDR Bank with 2.00 units of density from Jumbo Mill Site MS# 4252 located in T6-R77W-S20 and Open Space Tracts A, B, C, Golden Edge Subdivision; a total of 40.134 acres zoned Backcountry; and authorize the Chair to sign the agreement included in Attachment A.

cc: Jim Curnutte, Summit County Community Development Director Brian Lorch, Summit County Open Space and Trails Director Mark Truckey, Town of Breckenridge Assistant Community Development Director

PLN19-011: Joint Upper Blue TDR Bank Seeding Page 3 of 3 BOCC: 3-12-19 DENSITY TRANSFER AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

This Density Transfer Agreement and Declaration of Covenants, Conditions and Restrictions ("Agreement") is made and entered into this ___ day of 2019, by and between the Town of Breckenridge, a Colorado municipal corporation (“Town”), and the Board of County Commissioners of Summit County, Colorado ("County"), a body corporate and politic, as owners of the properties as described and affected as set forth below, for the purposes of establishing a restriction of record on the subject properties in accordance with the terms of this covenant.

RECITALS

A. WHEREAS, the Town and County jointly or County solely are the owners of certain real properties located in the County of Summit, State of Colorado, more particularly described on Exhibit "A", which is attached hereto and incorporated herein by reference ("Properties").

B. WHEREAS, the Town and County have entered into an Intergovernmental Agreement Concerning Transferable Development Rights, initially effectuated on August 14, 2000 and amended on April 10, 2007 (“IGA”), which IGA established a transferable development rights program (“TDR Program”) for the Upper Blue Basin of Summit County, Colorado. All capitalized terms utilized in this Agreement shall have the same definitions as contained in the IGA and shall be deemed incorporated herein.

C. WHEREAS, the purpose of the TDR Program is to establish a mechanism to allow for development rights to be transferred from TDR Sending Areas to TDR Receiving Areas. The TDR Program is further authorized to acquire Development Rights and issue Certificates of Development Rights to third parties for use on approved TDR Receiving Sites.

D. WHEREAS, the Properties are designated as TDR Sending Areas on the Official Transfer of Development Rights Sending and Receiving Area Map for the Upper Blue Basin of Summit County, Colorado, dated April 10, 2007, or have qualified as TDR Sending Areas in accordance with Section 3506.02.B.d of the Land Use and Development Code.

E. WHEREAS, the Town and County desire to transfer additional development rights into the TDR Program to enable the TDR Program to sell additional Certificates of Development Rights.

F. WHEREAS, in order to effectuate the transfer of development rights into the TDR Program, the parties hereto have determined to enter into this Agreement to extinguish the existing Development Rights on the Properties.

NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree as follows:

1 1. The Town and County hereby agree that the 2.00 Development Rights previously allocated to the Properties shall be and hereby are transferred to the TDR Program (Joint Upper Blue TDR Bank).

2. The Town and County acknowledge and agree that upon the transfer of the 2.00 Development Rights as provided for in Paragraph 1, above, there shall not be any remaining Development Rights on or attributable to the Properties. This restriction on density shall remain as a record restriction on the Properties, and all successors, assigns and heirs to such Properties shall acquire title to the Properties subject to said restrictions, and the Town and County shall preserve all rights and authority they hold as beneficiaries of the covenants and restrictions set forth herein. The Town and County further agree that any future use of the Properties shall be in accordance with those uses authorized under the County’s Open Space Zone District, as specified in the Summit County Land Use and Development Code, and as amended from time to time, and that title to the Properties shall not be transferred without such restrictions remaining on the Properties and the Town and County reserving all rights to enforcement of the same as beneficiaries of such restrictions. Any management plan for the Properties or conveyance of the Properties shall be adopted and administered jointly by the Town and County.

3. The agreements and covenants contained in this Agreement shall run with the land, shall burden the Properties and shall be binding upon the Town and County and their successors and assigns, and all persons who hereafter acquire an interest in the Properties. The Town and the County hereby agree that any and all requirements of the laws of the State of Colorado to be satisfied in order for the provisions of this Agreement to constitute a restrictive covenant running with the land shall be deemed to be satisfied in full, and that any requirements of privity of estate are intended to be satisfied, or in the alternative, that an equitable servitude has been created to insure that these restrictions run with the land. During the term of this Agreement, each and every contract, deed or other instrument hereafter executed conveying the Properties, or portion thereof, shall expressly provide that such conveyance is subject to this Agreement; provided, however, that the covenants contained herein shall survive and be effective as to successors and/or assigns of all or any portion of the Properties, regardless of whether such contract, deed or other instrument hereafter executed conveying the Properties, or portion thereof, provides that such conveyance is subject to this Agreement.

4. This Agreement shall be recorded in the records of the Clerk and Recorder of Summit County, Colorado, to place all other interested parties on notice as to the terms, conditions and limitations contained herein.

5. This Agreement may be amended by the mutual agreement of the Town and the County.

6. This Agreement and the Attachment hereto represent the entire understanding between the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Density Transfer Agreement and Declaration of Covenants, Conditions and Restrictions as of the day and year first

2 written above.

TOWN OF BRECKENRIDGE, a Colorado municipal corporation

(AFFIX TOWN SEAL HERE) By______Rick Holman, Town Manager ATTEST:

______Helen Cospolich, Town Clerk

BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO

By______Thomas C. Davidson, Chair

ATTEST:

______Kathleen Neel, Clerk and Recorder

3 STATE OF COLORADO ) ) ss. COUNT OF SUMMIT )

The foregoing instrument was acknowledged before me this ____ day of ______, 2019 by Rick Holman, Town Manager, and Helen Cospolich, Town Clerk, of the Town of Breckenridge, a Colorado municipal corporation.

WITNESS my hand and official seal.

My commission expires: ______.

______Notary Public

STATE OF COLORADO ) ) ss. COUNT OF SUMMIT )

The foregoing instrument was acknowledged before me this ____ day of ______, 2019 by Thomas C. Davidson, as Chair, and Kathleen Neel, as Clerk and Recorder, of Summit County.

WITNESS my hand and official seal.

My commission expires: ______.

______Notary Public

4 EXHIBIT A

The following properties described below is hereby restricted in accordance with the terms of this covenant:

Upper Blue Basin TDR Sending Site – Property Information TDR Value Property Name Acreage (Dev. Rights) PPI # Acquisition Year Open Space Tracts A, B, C; Golden Not yet Edge Subdivision assigned – see legal 37.134 1.85 description 2019 Jumbo MS #4252; T6-R77W-S20 2211-2030- 3 0.15 00-012 2009

TOTAL 40.134 2.00

5 Jumbo Mill Site

USFS

Golden Edge Claims

PLN19-011 - Joint Upper Blue TDR Bank Seeding Jumbo Mill Site and Golden Edge Open Space Tracts This map is for display purposes only. Do not use for legal conveyance. Not necessarily accurate by surveying standards, and does not comply with National Mapping Accuracy Standards. . © 2019 Summit County Government Jessica Potter Feet Planning Department 0 3,000 6,000 12,000 RESOLUTION NO. 2019-___

BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SUMMIT STATE OF COLORADO

ADOPTING SUPPLEMENTAL BUDGET AND APPROPRIATION FOR FISCAL YEAR 2018

WHEREAS, certain funds of the County have received, during fiscal year 2018, revenues which were not anticipated or not assured at the time of adoption of the 2018 Summit County budget, and/or certain funds have unappropriated surplus in 2018 and the Board of County Commissioners deems it appropriate to authorize the expenditure of these revenues or funds; and,

WHEREAS, this Resolution was noticed in a newspaper of general circulation in Summit County, and considered at a public meeting, as provided by law.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO, as follows:

Section 1. A supplemental budget and appropriation for Summit County for fiscal year 2018 is hereby approved and adopted, with the specific fund expending the monies, the amount of the supplemental budget and appropriation, the source of revenue, and the purpose of the budget and appropriation being as follows:

General Fund

Sheriff – Sale of Assets 4,000 Sheriff-Non-Capital Equipment 4,000 Interfund Transfer In 700,000 Elections-Operating Supplies 3,000 Early Head Start-Grant Revenue 35,865 Elections-Non-Payroll Expense 3,000 Head Start-Grant Revenue 59,360 General Fund-Special Project 700,000 Fund Balance 129,550 Prop/Casualty Insurance Exp. 50,000 Sheriff – Overtime 70,000 BOCC-Travel Expense 3,000 BOCC-Training Expense 1,500 BOCC-Board of Equalization 1,400 BOCC-Motor Pool Expense 1,200 Manager-Professional Asst. 6,000 Early Head Start-Grant Expense 32,865 Head Start-Grant Expense 62,360 Finance-Professional Asst. 32,500 General Contribution Exp 450,000 Fleet-Travel Expense 27,950 TOTAL $1,448,775 $1,448,775 Bekkedal LID

Fund Balance 125 Construction 125 TOTAL $ 125 $ 125 Transit Fund

Fund Balance 228,000 Fuel Expense 69,000 Maintenance Expense 159,000 TOTAL $228,000 $228,000 Solid Waste Fund

Grant Revenue 68,114 Grant Expense 68,114 TOTAL $68,114 $68,114

Group Insurance Fund

Fund Balance 700,000 Interfund Transfer Out 700,000 TOTAL $700,000 TOTAL $700,000

2010 Fund

Fund Balance 7,727 Forest Management 7,727 TOTAL $7,727 TOTAL $7,727

Section 2. A certified copy of this resolution shall be filed with the Division of Local Government in the Department of Local Affairs.

ADOPTED THIS 12TH DAY OF MARCH 2019.

COUNTY OF SUMMIT STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS

______Thomas C. Davidson, Chair ATTEST:

______Kathleen Neel, Clerk & Recorder RESOLUTION NO. 2019-___

BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SUMMIT STATE OF COLORADO

ADOPTING SUPPLEMENTAL BUDGET AND APPROPRIATION FOR FISCAL YEAR 2019

WHEREAS, certain funds of the County have received, during fiscal year 2019, revenues which were not anticipated or not assured at the time of adoption of the 2019 Summit County budget, and/or certain funds have unappropriated surplus in 2019 and the Board of County Commissioners deems it appropriate to authorize the expenditure of these revenues or funds; and,

WHEREAS, this Resolution was noticed in a newspaper of general circulation in Summit County, and considered at a public meeting, as provided by law.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO, as follows:

Section 1. A supplemental budget and appropriation for Summit County for fiscal year 2019 is hereby approved and adopted, with the specific fund expending the monies, the amount of the supplemental budget and appropriation, the source of revenue, and the purpose of the budget and appropriation being as follows:

General Fund

Fund Balance 551,336 Manager-Payroll Reimbursement 50,000 Attorney-Payroll Reimbursement 25,000 Info Systems-Maint. Contracts 11,502 EMS Board-Special Projects 15,112 Clerk-Surcharge Expense 153,436 Sheriff-Donation Expense 5,341 Sheriff-Explorer Post Expense 8,348 Animal Control-Spay Neuter Exp 13,306 Animal Control-Donation Exp 129,109 Animal Control-Humane Ed Exp 2,529 Emergence Mgr-IMG Fund Exp 39,300 Jail-Mental Health Expense 3,312 Jail-Inmate Expense 10,958 Jail-Commissary Expense 6,208 Water Rescue-Donation Expense 2,000 Planning-Payroll Reimbursement 20,000 Youth & Family-Donation Exp 27,682 Youth & Family-Grant Expense 735 Facilities Maint.-Temp Salary 27,458 TOTAL $ 551,336 $551,336 Communications Operations Fund

Payroll Reimbursement $ 10,113 Capital Outlay $ 200,000 Fund Balance 189,887 TOTAL $ 200,000 $ 200,000

Road & Bridge Fund

Fund Balance $561,956 Construction $543,570 Professional Assistance 18,386 TOTAL $561,956 $561,956

Social Services Fund

Fund Balance $17,131 SB94 Expense $17,131 TOTAL $17,131 TOTAL $17,131

Ambulance Fund

Salaries $266,962 Construction $893,626 Fund Balance 626,664

TOTAL $893,626 TOTAL $893,626

Capital Expenditures Fund

Fund Balance $167,108 Computer Hardware/Software $ 81,108 Capital Outlay 86,000 TOTAL $167,108 TOTAL $167,108

Snake River Sewer Fund

Fund Balance $ 21,940 Capital Outlay $ 21,940 TOTAL $ 21,940 TOTAL $ 21,940

Public Use Fund

Grant Revenue $ 44,585 Grant Expense $ 55,731 Fund Balance 11,146 TOTAL $ 55,731 TOTAL $ 55,731 Solid Waste Fund

Grant Revenue $ 70,000 Grant Expense $ 81,492 Fund Balance 55,580 Capital Outlay 43,000 Employee Recognition 1,088 TOTAL $125,580 TOTAL $125,580

2010 Fund

Fund Balance $156,923 Affordable Housing $156,923 TOTAL $156,923 TOTAL $156,923

Section 2. A certified copy of this resolution shall be filed with the Division of Local Government in the Department of Local Affairs.

ADOPTED THIS 12TH DAY OF MARCH 2019.

COUNTY OF SUMMIT STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS

______Thomas C. Davidson, Chair ATTEST:

______Kathleen Neel, Clerk & Recorder BOARD OF COUNTY COMMISSIONERS March 12 , 2019 PLANNING CASE #PLN18- 115: COUNTY COMMONS PUD MINOR PUD AMENDMENT PUBLIC HEARING

PROJECT INFORMATION:

Location: County Commons PUD – Peak One Drive, Peak One Blvd, Frisco

Project/Request: Minor Amendment to the County Commons PUD to amend the Exhibits, parcel sizes, and development standards in order to align the PUD with the Commons Master Plan

ISSUES: None

PLANNING COMMISSION RECOMMENDATION: The Ten Mile Planning Commission does not review minor PUD amendments.

RESOLUTION STATUS Draft Resolution attached

STAFF RECOMMENDATION: Approval with 7 findings and 0 conditions.

ATTACHMENTS: 1. Vicinity Map, Draft PUD language and Exhibits, PUD Map, Current Parcels 2. Draft Resolution

PLN18-115- County Commons PUD Minor Amendment BOCC 3/12/19 Page 1 of 7 PLANNING DEPARTMENT

970.668.4200 0037 Peak One Dr. PO Box 5660 www.SummitCountyCO.gov Frisco, CO 80443

STAFF REPORT

TO: Board of County Commissioners

FROM: Sid Rivers, Planner II

FOR: Meeting of March 12, 2019

SUBJECT: PLN18-115 - County Commons PUD– Minor PUD Amendment

APPLICANT: Summit County Public Works: Dale Stein, Capital Projects Manager

OWNERS: Summit County Board of Commissioners

REQUEST: Minor Amendment to the County Commons PUD to amend the Exhibits, parcel sizes, and development standards in order to align the PUD with the Commons Master Plan

PROJECT DESCRIPTION:

Location: County Commons PUD, Peak One Drive & Peak One Blvd, Frisco Legal Description: Government Lots 11, 13, 15, 18, 22, & 23, in Sections 35 & 36, Township 5 South, Range 78 West of the 6th Principal Meridian

Adjacent land uses: North: Highway 9, Town of Frisco South: USFS, White River National Forest East: USFS, White River National Forest West: Miners Creek Road, Bills Ranch Neighborhood, zoned R-2

BACKGROUND: The County Commons PUD (PUD) was created on January 23, 1995 and was modified in 2008. The current PUD was recorded on April 28, 2008 at Reception number 886380. The purpose of this PUD is to provide a location for County offices, services, maintenance facilities, the hospital, and other public and institutional facilities.

This application is for a Minor Amendment to the County Commons PUD to amend the Exhibits, parcel sizes, and development standards. These minor changes will align the PUD with the existing conditions within the County Commons area as well as with the Commons Facilities Master Plan Report (Commons Master Plan), which was created for the County in 2016. For example, this PUD modification will specifically allow for Community Gardens and a Recycling Center to be located on Parcels 1-3 where those uses are currently established. County Commons PUD, Current Layout (Attachment 1)

PLN18-115- County Commons PUD Minor Amendment BOCC 3/12/19 Page 2 of 7

USFS Peak One Drive, the longest road segment in the PUD is scheduled to be realigned in the summer of 2019. The road redesign will remove a sharp curve that has impeded traffic for larger transit and commercial vehicles and heavy equipment. This road configuration is accounted for in the Commons Master Plan, but not in the County Commons PUD. The PUD amendment will adjust Parcels 9, 10 and 12 that are affected by the Peak One Dr. road realignment, as shown below.

Additional modifications to the PUD include changing the road setback measurement from the Right-of-way to the centerline of the roads. This is necessary since none of the roads in the PUD are dedicated Rights-of-way. Also included are revisions to the employee housing language. The new language will allow integrated employee housing on Parcels 4 and 12, where it was previously only an allowed use on Parcel 4 with a PUD modification. The language will further clarify that employee housing is to be incorporated into the primary structure and cannot exceed 20% of the total floor area of the primary structure.

The PUD modification will include changes to the development standards for Parcel 12, the main light industrial area of the Commons campus. The allowed building height is being increased to a maximum of 45 feet from 37 feet to accommodate the size and movements of heavy equipment and machinery, as well as for the installation of exterior solar energy components. Also included in the PUD modification is language allowing the required landscaping improvements for development on Parcel 12 to be located on other parcels within the PUD as approved by the review authority. A few other minor “clean-up” modifications are also included to accomplish the foregoing.

This application has been determined to be a minor PUD amendment because: a.) The PUD modification is not substantial and maintains the intent and integrity of the original PUD; b.) The PUD modification does not increase the permitted density; c.) No new uses are requested; and d.) There is no significant decrease in the amount of open space.

PLN18-115- County Commons PUD Minor Amendment BOCC 3/12/19 Page 3 of 7 CRITERIA FOR DECISION Section 12203.02 of the Summit County Land Use and Development Code (“Code”) states that the BOCC may approve a minor PUD modification zoning amendment, only if the application meets all relevant County regulations and standards and provided the BOCC makes the following findings:

A. The proposed PUD modification is consistent with the efficient development and preservation of the entire PUD. B. The proposed PUD modification does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the PUD or the public interest. C. The proposed PUD modification is not granted solely to confer a special benefit upon any person. D. The proposed PUD modification is in general conformance with the goals, policies/actions and provisions of the Summit County Countywide Comprehensive Plan and any applicable basin or subbasin master plans. E. The proposed PUD modification is consistent with the purpose and intent of the County's Zoning Regulations and Rezoning Policies. F. The proposed PUD modification is consistent with public health, safety and welfare, as well as efficiency and economy in the use of land and its resources. G. The proposed PUD modification amendment is not substantial and conforms to the intent and integrity of the original PUD and the PUD modification has been determined to be a minor amendment in accordance with Section 12202.04.

The Proposed PUD Modification is Consistent with the Efficien t Development and Preservation of the Entire PUD This PUD modification will not alter existing compliance with any of the elements of the County Commons PUD. There will not be any new parcels or uses proposed for the PUD. The subject parcels are all existing and some of the parcels will be adjusted in size due to the new road alignment of Peak One Drive. See Attachment 2, Exhibit B for a map of the affected parcels. The parcels modified are shown in the following table:

PUD Acres – Acres – Parcels Current Proposed Difference Parcel 1 45.71 46.23 +.52 Parcel 6 3.50 3.44 -.06 Parcel 9 5.80 5.46 - .34 Parcel 10 7.93 5.62 -2.31 Parcel 12 15.78 18.97 +3.19

PUD Parcels 2, 3, 4, 5, 7, 8, 13 & 14 will not change. The overall size of the County Commons PUD will not change and remains at 130.3 acres, more or less, as described in the PUD legal description (Attachment 2, Exhibit A).

The other proposed changes to the PUD are: explicitly permitting the uses of Community Gardens and a Recycling Center to be located on Parcels 1-3 where those uses currently exist; allowing integrated employee housing units into primary structures on Parcels 4 and 12, where it was previously only allowed on Parcel 4 with a PUD amendment; increasing the allowed building height on Parcel 12 from 37 feet to 45 feet; to accommodate for heavy equipment movement and the installation of roof-top solar energy systems; changing the measurement of road setbacks from the Right-of-way to the centerline of the road; providing a parking requirement for employee housing units; allowing the maximum height for retaining walls to be

PLN18-115- County Commons PUD Minor Amendment BOCC 3/12/19 Page 4 of 7 32 feet to allow for the retaining wall that is will support the realignment of Peak One Drive; allowing the required landscaping for Parcel 12 development and redevelopment to be located on other parcels within the PUD as approved by the review authority; and other minor amendments to accomplish the foregoing.

These amendments will not change the intent or function of the County Commons light industrial and offices campus. These proposed changes will line up with the Commons Master Plan for the campus, and therefore are in compliance with the elements of the County Commons PUD.

The Proposed PUD Modification Does Not Affect, In a Substantially Adverse Manner, Either the Enjoyment of Land Abutting Upon or Across a Street from t he PUD or the Public Interest This minor PUD amendment will not affect the use of adjacent lands. The County Commons PUD consists of several large parcels of land originally obtained from the US Forest Service that has not been formally subdivided. The land to the east and south of the PUD is US Forest Service land containing the community recreation pathway and trailheads. The area to the north is the Highway 9 Right-of way and across the highway is a residential area adjacent to the Frisco Adventure Park, a large recreational property owned by the Town of Frisco. To the west is the Bill’s Ranch neighborhood, an area of single-family development. The proposed PUD changes to parcel size, setbacks measurements, building height and landscaping locations for Parcel 12 development, integrated employee housing units and parking, and retaining wall height do not affect the adjacent parcels in the vicinity of the PUD boundary. This PUD amendment will not affect the neighboring properties.

The Proposed PUD Modification is not Granted Solely to Confer a Special Benefit upon any Person This PUD modification will not solely benefit any one person. The County Commons area is specifically designed to provide the community with a location for important and essential services such as a hospital, medical offices, library, State Patrol offices, County offices, and property to store and maintain transit and Road and Bridge Department vehicles and equipment. The proposed PUD changes will facilitate improvements to the function of the Commons property and roadway within the PUD. The nature of this PUD is to benefit the community as a whole and not any individual.

The Proposed PUD Modific ation is in General Conformance with the Goals, Policies/Actions and Provisions of the Summit County Countywide Comprehensive Plan and any Applicable Basin Master Plans

Conformance with the Countywide Comprehensive Plan Transit Element, Goal D.: Ensure that new roads and roadway improvements maintain safe and efficient traffic flow and maintain neighborhood character.

Local Resident/Affordable Workforce Housing, Goal B.: Maintain and ensure an adequate and diverse supply of local resident and affordable housing in the County.

Conformance with the Ten Mile Master Plan Land Use, Goal A., Policy/Action 1.2 & Table 4: This section of the Ten Mile Master Plan specifically calls for placement of appropriate land uses in the urban Frisco areas including the Bill’s Ranch and County Commons areas. Table 4 in the Plan states that the uses for the County Commons unincorporated area should be community facilities, institutional uses, and affordable housing.

PLN18-115- County Commons PUD Minor Amendment BOCC 3/12/19 Page 5 of 7 This minor PUD amendment promotes the placement of a safe and efficient road design for Peak One Drive, and the inclusion of integrated employee housing units in the County Commons area. This modification does not alter the approved density or uses permitted in the PUD. There is no increase in permitted density and no new lots are being created.

The Proposed PUD Modification is Consistent with the Purpose and Intent of the County's Zoning Regulations a nd Rezoning Policies During the major PUD amendment review process it was found that the County Commons PUD complies with the standards of the Development Code and rezoning policies. No new roads or parcels will be created as a result of this application. However, this PUD modification will facilitate the realignment of Peak One Drive, resulting in changes to the PUD parcel lines and parcel sizes as previously discussed.

The Proposed PUD Modification is Consistent with Public Health, Safety and Welfare, as Well as Efficiency and Economy in the Use of Land and i ts Resources This PUD modification does not compromise any health or safety standards. This PUD modification will continue the efficient use of the Commons property. Allowing the modification of the parcels in the PUD will allow for the realignment of Peak One Drive. This realignment will improve the safety of vehicular travel within the PUD and will not negatively impact adjacent property owners.

The Proposed PUD Modification Amendment is Not Substantial and Conforms to the Intent and Integrity of the Original PUD and the PUD Modification Has Been Determined to be a Minor Amendment in Accordance w ith Section 12202.04 This PUD modification is minor in nature, as it maintains the intent of the original County Commons PUD, does not increase the total density in the PUD, does not change the permitted uses in the PUD, and does not decrease the amount of open space within the PUD.

STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve PLN18-115, Minor Amendment to the County Commons PUD to amend the Exhibits, parcel sizes, and development standards in order to align the PUD with the Commons Master Plan, with the following findings:

Findings: 1. The proposed PUD modification is consistent with the efficient development and preservation of the entire County Commons PUD. The modification complies with the standards as listed in the PUD and promotes more efficient use of the land within the PUD. 2. The proposed PUD modification does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the County Commons PUD or the public interest. 3. The proposed PUD modification is not granted solely to confer a special benefit upon any person. 4. The proposed PUD modification is in general conformance with the goals, policies/actions and provisions of the Summit County Countywide Comprehensive Plan, and the Ten Mile Master Plan. This PUD modification will bring the PUD into conformance with the Commons Master Plan. 5. The proposed PUD modification is consistent with the purpose and intent of the County's Zoning Regulations and Rezoning Policies. This amendment does not allow for additional density within the PUD or the creation of any new parcels. 6. The proposed PUD modification promotes the public health, safety and welfare, as well as efficiency and economy in the use of land and its resources.

PLN18-115- County Commons PUD Minor Amendment BOCC 3/12/19 Page 6 of 7 7. The proposed PUD amendment is not substantial and conforms to the intent and integrity of the original County Commons PUD and the PUD modification has been determined to be a minor amendment in accordance with Section 12202.04.

PLN18-115- County Commons PUD Minor Amendment BOCC 3/12/19 Page 7 of 7 County Commons PUD

Parcel 2

Parcel 3

Parcel 4 Parcel 1 Parcel 13

Parcel 5 Parcel 10 Parcel 8

Parcel 9 Parcel 7 Parcel 12

Parcel 1

Parcel 6

This map is for display purposes only. Do not use for legal conveyance. Not necessarily accurate by surveying standards, and does not comply with National Mapping Accuracy Standards. ©2019 Summit County Government COUNTY COMMONS (Formally the Summit County Library and Service Center) PLANNED UNIT DEVELOPMENT DESIGNATION

The County Commons Planned Unit Development Designation, approved the 23rd day of January, 1995 and revised on March 27, 1995, September 23, 1996, October 15, 1996, January 19, 2004, and March 25, 2008 by the Board of County Commissioners of Summit County, Colorado, is hereby revised this 12th day of March, 2019, as indicated in Exhibit B. This designation establishes uses permitted on the property, its development plan and phasing, and specific development regulations which must be adhered to by the Board of County Commissioners of Summit County, Colorado and their successors and assigns, who is the owner and developer, and is hereinafter referred to as the “Owner/Developer.” This designation also specifies improvements which must be made and conditions which must be fulfilled in conjunction with this designation by the “Owner/Developer.” This Planned Unit Development Designation applies to certain real property located in Summit County and described in attached Exhibit A, hereinafter referred to as the “Property.”

A. PERMITTED USES AND DEVELOPMENT PLAN

Use and development of the property shall be in accordance with the Conceptual Development Plan and Land Use Plan attached hereto as Exhibit B and the following specific requirements:

1. Permitted Uses1

PARCELS 1 – 3 (46.23 ACRES)

 Open Space and landscape buffering  Passive recreation uses  Public trails  Underground utilities  Storm water Management facilities  Access  Community gardens  Recycling Center

PARCEL 4: (4.95 ACRES)

 State Patrol facilities (density limited to the existing 20,900 sq. ft.)  Animal Control Operations, including:  Office  Animal Shelter  Fenced outdoor small animal runs  Wildlife rehabilitation center  Animal crematorium  Community Service Facilities & Offices including but not limited to a community center, assisted living, social and human services. No additional industrial or maintenance facilities shall be allowed.  Employee Housing Units

Overall density for this parcel is limited to 64,682 sq. ft. of gross floor area.

The future development of housing as a use on this parcel may occur where supported or endorsed by the Board of County Commissioners of Summit County to be in the best interest of the Summit County

1 Permitted uses may be conducted on the entire parcel or portions thereof; long-term ground leases in this context are expressly allowed and are not considered to fall within the definition of “subdivision” pursuant to the Code or Colorado statute.

1 community. Any future development of housing on this parcel will be subject to a PUD amendment process. The exact nature and design standards for housing on this parcel will be determined as part of this amendment process.

PARCEL 5: (3.16 ACRES)

 Multiple family residential Deed restricted workforce housing units with an overall density not to exceed 30 units.

PARCEL 6: (3.44 ACRES)

 Fire training facility  Summit County Road & Bridge Operations  Short term Outdoor equipment storage  Short term Salt, sand, and recycled asphalt storage  Colorado Department of Transportation Operations  Short Term Outdoor equipment storage  Short term Salt, sand, and recycled asphalt storage  Transportation Operations Center  Short term outdoor equipment storage

Overall density on this parcel is limited to 30,660 sq. ft.

PARCEL 7: (23.19 ACRES)

 215,000 square feet of floor area for community facilities and institutional uses, hospital facilities, medical offices, professional/business offices, health services, as well as any services and uses that are ancillary, accessory or customarily associated with those uses listed above.  Two Helipads and a 3,000 sf. heliport and/or maintenance facility. The heliport shall be located and designed to buffer noise from helicopter operations. The County may require the installation of a sound wall at the edge of clear zone around the helipads.  Community Service Facilities & Offices

PARCEL 8: (4.16 ACRES)

 Community Service Facilities & Offices including but not limited to County offices, social and human services. No industrial or maintenance facilities shall be allowed.

Overall density on this parcel is limited to 30,000 sq. ft. Density may be transferred between parcels 8 – 10 as part of the site plan review process.

PARCEL 9: (5.46 ACRES)

 Community Service Facilities & Offices including but not limited to County offices, social and human services. No industrial or maintenance facilities shall be allowed.

Overall density on this parcel is limited to 30,000 sq. ft. Density may be transferred between parcels 8 – 10 as part of the site plan review process.

PARCEL 10: (5.62 ACRES)

 Summit County Library and Administrative Services:  Library  Community Service Facilities & Offices

2  Community Service Facilities & Offices including but not limited to social and human services. No industrial or maintenance facilities shall be allowed.

Overall density on this parcel is limited to 47,300 sq. ft. Density may be transferred between parcels 8 – 10 as part of the site plan review process.

PARCEL 12: (15.7818.97 ACRES)

 Transportation Operations Center, including:  Bus barn maintenance  Summit Stage office  Summit Stage crew offices and lounge  Summit County Road and Bridge Operations, including:  Office  Vehicle maintenance garage  Outdoor equipment storage  Salt and sand storage  Emergency Services facility, including:  Ambulance offices  Crew quarters  Ambulance bays/garages  Communications  Colorado Department of Transportation Operations, including:  Operations office  Outdoor equipment storage  Road maintenance facilities  Salt and sand storage  Community Service Facilities & Offices including but not limited to social and human services.  Employee Housing units  Overall density on this parcel shall not exceed 162,255 sq. ft.

PARCEL 13: (4.50 ACRES)

 Public rights-of-way access for the interior roads serving the project, pedestrian walkways, bikeways, and bus stops. Minor re-alignment of the main loop road may occur at the site plan review stage to assure the roadways are constructed in a grade sensitive alignment that minimizes site disturbance and potential visual impacts.  Underground utilities  Storm water management facilities

PARCEL 14: (12.7910.62 ACRES)

 State Highway 9 right-of-way dedication

B. DEVELOPMENT STANDARDS

1. Building Height

Building heights shall not exceed the following height limits as defined in the Summit County Land Use and Development Code, Section 3505.06 et.seq.

 Parcels 4 & 5: 35 feet. No building on parcel 5 shall be higher than 40 feet above the elevation at the center of the intersection of Miners Creek Road and Bob White Way.

3  Parcel 6: 35 feet with the exception of the fire training tower which shall not exceed 50 feet  Parcel 7: 75 maximum feet for one 3 story hospital structure, and 50 feet maximum for two story medical office structures.  Parcels 8 – 10: 45 feet  Parcel 12: 37 45 feet including all architectural components, and solar energy systems. Roof configuration and any appendages required for solar collection comprising no more than 20% of the roof area may be permitted up to a maximum of 46 feet.

For any building taller than 35 feet, appropriate design measures will be employed to insure that the structure is compatible with neighboring uses, in harmony with the natural setting, and inviting to pedestrians and the public. Measures to minimize the appearance of mass and height may include, but are not limited to:

 Having stepped building facades  Using pitched roofs to add interest and to be reflective of typical mountain architecture  Not allowing large expanses of exterior walls which are not broken up both vertically and horizontally  Using grading and berming to minimize the apparent height of the building

2. Setbacks

Minimum building and parking area* setbacks shall be as follows:

 From the ROW of Highway 9: 50 feet  From the ROW center line of the interior public access loop road (Peak One Drive, and each segment of Peak One Blvd): 35 40 feet  From the ROW center line of all other interior service roads (County Shops Rd, Nancy’s Place): 25 15 feet  From the main recreation pathway and Miner’s Creek Road: 50 feet  Parcel 5 shall be further restricted by the setbacks shown on the approved site development plan.

*Parking area setbacks for Parcel 7 and 12 shall be determined at the site plan review stage

Regardless of these minimum setback requirements, development, with the exception of construction of utilities, infrastructure, stormwater management facilities, roads, trails, and Recreation pathways, shall be restricted to its appropriate development parcel as indicated in Section A.1 of this Designation and shown in Exhibit C.

3. Parking

Parking shall be required as follows:

 Library & Community Services Offices: 4 spaces/1,000 sq. ft. gross floor area  Hospital: 1 space per licensed bed + 1 space per employee at peak shift + 1 space per Outpatient Treatment Room + 1 space per physician (at peak shift)  Medical/office: 5 spaces/1000 s.f.  Transportation Operations Center: 1 space/employee/maximum shift  County Maintenance Facility: 1 space/employee/maximum shift; 2 spaces/maintenance bay  Fleet Storage 1 space/vehicle stored on the parcel  Residential 2 spaces/unit  Employee Housing Unit 1.5 spaces/unit for studio, 2 spaces for all other unit types

4. Snow Storage

All site development plans shall comply with the snow storage requirements set forth in Section 3505.19 et. seq. of the Summit County Land Use & Development Code and incorporate best management practices to minimize the potential impact of road sand and salt contaminated snowmelt on water quality in the area. Snow Storage is permitted on all parcels.

5. Site Coverage

Site coverage limits shall be as follows:

 Parcels 1-3: NA  Parcel 4: Existing uses are limited to the existing structures and impervious surface; Total building coverage is limited to 20% and impervious surface to 65% for any combination of new and/or existing uses. Building and impervious surface standards for possible future uses not specified under Section A.1 of this PUD Designation will be determined as part of a PUD amendment process.  Parcel 5: 25% building & 50% impervious surface  Parcel 6: 10% building & 65% impervious surface; an additional 5% impervious will be allowed if the building is set into the hillside.  Parcel 7: 45% building & 85% impervious surface  Parcel 8: 20% building* & 65% impervious surface  Parcel 9: 30% building* & 65% impervious surface  Parcel 10: 15% building* & 65% impervious surface  Parcel 12: 25% building & 85% impervious surface

*This standard is subject to change as required by any density transfers approved between Parcels 8-10 as part of the site plan review process.

6. Walls & Fences

Height for walls and fences shall be as follows:

 Parcel 1: Retaining Wall, maximum height 32’  Parcel 4: Maximum height 6 feet  Parcel 7: Maximum height 8 feet, 10 feet or other approved height if in conjunction with noise mitigation for the helipads/heliport  Parcels 8-10: Maximum height 5 feet  Parcel 12: Maximum height 8 feet

7. Open Space Areas

The open space area west of Miners Creek Road as shown on Exhibit B shall be reserved by Summit County exclusively for Open space, passive recreation uses, underground utilities and storm water management facilities.

8. Wetlands

It is the intent of this PUD to preserve wetlands from development wherever possible. The Owner/Developer is required to obtain 404 permits as required by the U.S. Army Corps of Engineers wherever necessary for roads and utilities. Wetland areas shall remain free of development other than roads and utilities.

9. Signs and Lighting

Sign control within the PUD shall be regulated by an approved sign program in accordance with the standards and requirements of Section 9000 et. seq. of the Summit County Land Use & Development Code. Any signs, with the exception of public safety signs shall comply with the adopted sign program for the PUD as now in effect or hereafter amended. All lighting shall fully comply with Section 3505.07 of the County’s Land Use and Development Code. All interior lighting shall be shielded to minimize offsite visibility to the maximum extent practicable.

10. Development Schedule

 1995+--Phase I: Parcels 10, 12, 13, 14 & all necessary utility, infrastructure and road improvements including improvements to State Highway 9 and utility, infrastructure and road improvements necessary to support the development of these parcels. More specifically, public roadway improvements to be provided in Phase I include all roadway improvements to Highway 9 as required by CDOT. The main interior roadway shall be improved to accommodate both through and turning traffic that will be generated by development of Phase I. In any case the left turn lane into the Nordic Center/USFS access will be provided as part of Phase I. Access to Bills Ranch will also be provided in Phase I as shown in Exhibit D.

 1997—Phase II: Parcels 6, 11 & 12 (on-going) and utility, infrastructure and road improvements necessary to support the development of these parcels.

10. Employee Housing

Employee Housing units as defined in the Code, restricted for the use of PUD employees, are permitted on Parcels 4 & 12. Units shall be integrated into a primary structure, not to exceed 20% of the gross floor area of the building. Employee housing development may occur on these parcels when determined by the Board of County Commissioners to be in the best interest of the Summit County community.

11. Historical Features

Historical features shall be considered prior to development of any site plan. When a historical feature of local importance is identified, the Owner/Developer shall consult with the Summit Historical Society and plan development to be compatible with the historical resource.

12. Walks & Trails

The Owner/Developer shall construct all paved or dirt trails and pedestrian walkways as indicated on the conceptual master plan shown in Exhibit C. All trails shall be open to the public and shall connect to USFS, Town of Frisco, and Summit County trailheads where feasible.

13. Trash Collection and Recycling Facilities

To effectively eliminate the attractive nuisance created when bears have access to unprotected trash receptacles all trash collection and storage facilities within this PUD shall incorporate bear-proof designs approved by the Colorado Division of Wildlife as part of any site plan submittal.

The Owner/Developer acknowledges the need for a recycling center in the Frisco area and has indicated on Exhibit B four (4) possible locations for a recycling center within this PUD. The intent of designating these locations is to allow for one recycling center within the PUD in the event that it cannot be located within the Town of Frisco. If a suitable site within Frisco is not readily available, the Owner/Developer may choose one of the sites identified in Exhibit B for a recycling center. The locations shown on Exhibit B are not meant to be exact boundaries of the recycling site; rather they are general locations for the site to be located. At the time of site plan review, the exact boundary of the site will be determined based on site constraints, minimization of site disturbance, and preservation of existing vegetation. Additional

6 landscaping and berms may be required to buffer the site from adjacent uses. The site plan review for the recycling center will be a class 4 application.

14. Animal Regulations

Any future implementation of residential uses within the PUD shall include a total prohibition on the keeping of dogs on the property.

15. Site Specific Development Standards

 Parcels 1-3: The intent of this PUD is to preserve existing open space and enhance existing trails.  Parcel 4: The streetscape shall be compatible with established Summit County Library and Service standards – Initial screening and streetscape improvements shall be made while CDOT and the State patrol remain on the parcel. Color schemes compatible with the natural landscape and consistent throughout Parcel 4 shall be used.  Parcel 5:  Building type shall be limited to two story townhome construction, with a maximum of 4 units per building.  The residential development will be kept in scale to complement the surrounding neighborhood.  The color of the housing unit shall be consistent with the natural landscape.  No exterior lighting shall be installed which produces direct glare to neighboring properties or nearby pedestrian and vehicular traffic.  Parking will be clustered on the site adjacent to the dwelling units. The number of parking spaces will be adequate for the intended use but not excessive in order to minimize the loss of tree coverage and impervious surfaces.  Existing tree coverage in setback areas will be retained in order to maintain a buffer between the residences and adjoining uses.  Pedestrian access will be provided from the site to the bike path.  Attention will be given to views both to and from the site.  The project is intended to fit in with the beauty of the natural environment, and to take advantage of the solar and view potential of the property.  No outdoor storage (boats, trailers, etc.) shall be allowed on the property.

 Parcel 6: Color schemes which are compatible with the natural landscape and consistent throughout parcels 6 & 12 shall be used.  Parcel 7: The following design guidelines shall be applied to the development of the subject parcel: Design Consistency:  The medical office building shall be designed in a manner that is reasonably consistent with the design other buildings on the hospital campus. However, all architecture and finish design of the exterior of all improvements and signage of the medical office building shall be consistent with the design required in the PUD designation, however it shall be distinct from the hospital in its exterior design and finish. All structures shall be generally consistent with the aesthetics as reflected on the submitted conceptual building rendering.  The hospital and the medical office building shall be designed and site planned in a manner that will allow the users of the hospital and the medical office building to access both facilities in a convenient, efficient and economical manner. Building Mass and Design:  Break up the mass of buildings by utilizing variation in rooflines and building facades  Structures shall utilize mountain vernacular architecture and utilize indigenous materials of the region. This issue shall be determined at site plan review.  The medical oriented structures shall not promote a monotonous style. Specifically, the hospital and the medical office building need to be visually diverse. The structures shall utilize architectural features and accent colors to provide variation, interest and focal points. Parking:

7  Avoid locating parking immediately adjacent to buildings that acts to isolate buildings and provide barriers to pedestrian circulation  Avoid large, unbroken, expansive parking areas  Utilize landscaping and natural buffers to break up parking areas and provide screening and separation of parking from buildings and roads Landscaping Materials:  Landscaping shall be meet County’s the Landscaping Regulations

 Parcel 8-10: The intent of this PUD is for development to reflect:  An appropriate sense of community pride  A sense of permanence  An appropriate mountain vernacular architecture  A sense of the importance of this government center  A sensitivity to pedestrian scale and detail  A connection between Parcels 8-10 which allows pedestrian access and flow  Consistency of colors and materials is encouraged on Parcels 8-10

 Parcel 12: The bus barn shall be located and designed to buffer noise from on-site operations including a drive-through facility to eliminate back-up beepers. The Owner/Developer, the Road & Bridge Department, CDOT, and Summit Stage shall coordinate site planning efforts to reduce backing movements and implement other operating procedures designed to minimize the noise created by normal operations on site. All outdoor storage shall comply with the standards and requirements for non-residential storage set forth in Section 3815, of the Summit County Land Use & Development Code. A minimum 50 foot buffer shall be maintained between the main access loop road right-of-way and any development on the north edge of Parcel 12. Color schemes consistent throughout Parcels 6, 7 and 12 and compatible with the natural landscape shall be used. Required landscaping may be located on other Parcels within the PUD as approved by the review authority. Additional landscaping shall be required to replace loss of existing vegetation.

C. REQUIRED IMPROVEMENTS

1. Access a. Access from Highway 9: Primary access to the PUD shall be provided from two points on Colorado State Highway 9. The western most access currently exists and will become a four-way intersection with the completion of the Water Dance subdivision. Signalization of this intersection will be required as part of the Phase I development. A new right-in/right-out only access shall be constructed about midway along the Highway 9 frontage. This access shall align directly across from the existing entrance to the Nordic Center/USFS Peninsula Campground. Implementation of this access shall include construction of a left turn land from southbound Highway 9 into the Nordic Center/USFS Peninsula Campground that meets all applicable County and State standards. b. Internal Access: Internal access shall be provided via a system of paved public and private roads. The primary roadways shall be constructed to the standards set forth in Section 5103 et. seq. of the Summit County Land Use & Development Code for collector level roads including an 80 foot wide right-of-way. c. Access to Bill’s Ranch: Access to Bill’s Ranch shall be provided by a new road connecting with the primary loop road west of the road to Parcel 12. The exact location and alignment of this road shall be determined through the site plan review process. The intersection of County Roads #1000 (Miners Creek Rd.), #1006 (Bill’s Ranch Rd.) and #1004 (the road accessing the existing County facilities), may or may not be abandoned based upon consultation between the County, the pubic, and adjacent property owners during the site plan review process. d. Medical Campus Primary Access Road: The hospital developer shall design, construct and consent to the dedication of a collector level primary access road, in a location acceptable to County, for the purpose of providing public access, utilities, and proper traffic circulation through the Leased Premises to Highway 9 and shall include a signalized intersection at Highway 9. Prior to the issuance of the first certificate of occupancy associated with any structure on Parcel 7, the

8 subject road shall be dedicated to the County and the County shall assume responsibility for the repair and the maintenance of the road, subject to the financial guarantees and requirements of Chapter 5 of the Development Code. e. Medical Campus Secondary Access Road: As shown on Exhibit B, a secondary access road serving Parcel 7 shall be constructed and dedicated prior to the issuance of a certificate of occupancy for the hospital. Upon dedication to the County, the County shall assume responsibility for the repair and maintenance of the road, subject to the financial guarantees and requirements of Chapter 5 of the Development Code. The use of such secondary road shall not be restricted. Utilization of said access road will be evaluated after one year of utilization to determine if traffic volumes on Bills Ranch Road have significantly increased as a result of the secondary access road. If traffic volumes have increased, the County may enact restricted access to the secondary access road to mitigate this issue. In the spring of 2004, the County shall conduct traffic counts associated with CR 1004, 1005, and bills Ranch Road/miner creek road to assist in setting a baseline of traffic movements in this area in order to ascertain if the improvements associated with Parcel 7 are resulting in increased traffic flows that could effect the Bills Ranch neighborhood.

2. Water Systems

Water supply for the development shall be provided by the Town of Frisco. Construction of all components of the water supply system shall comply with the standards and regulations of the Town of Frisco. All existing water wells shall be abandoned, if required by State regulations, in compliance with those regulations as determined by the State Engineer’s Office upon implementation of a central water supply within the PUD. Where appropriate, the site design shall incorporate the use of recycled water for landscaping and other appropriate uses to maximize water conservation. Adequate fire flows shall be provided as determined by the local Fire Department.

3. Sewer Systems

Sewage disposal for the development shall be provided by the Frisco Sanitation District. Construction of all components of the sewage disposal system shall comply with the standards and requirements of the District. Within one year of implementation of a central sewage disposal system within the PUD the existing septic systems shall be abandoned in compliance with all County Regulations as approved by the Summit County Environmental Health Department2 where possible, wastewater from vehicle wash facilities shall be re-cycled using a wastewater re-cycling system approved by Environmental Health. Discharged effluent from industrial uses shall meet all applicable Frisco Sanitation District standards.

4. Fire Protection

All development on the property shall meet the requirements of the Lake Dillon local Fire Protection District Department and, where applicable, the Red, White & Blue Fire Protection District.

5. Vegetation Management

It is the intent of this PUD to implement a vegetation management program that reduces wildfire hazard and susceptibility to mountain pine beetle infestation while enhancing wildlife habitat and tree vigor on the property. Such a plan shall be prepared by the County in conjunction with the Colorado State Forest Service and Division of wildlife. This plan shall be submitted concurrently with the site plan for Phase I. The plan, once approved by the State Forest Service and Division of Wildlife shall be implemented on a phased basis prior to completion of the appropriate development phase or guaranteed in the site plan improvements agreement for that Phase. Because of the important role of seedling/sapling areas, dead standing trees, the aspen component of the conifer/aspen habitat, and the presence of openings within forested areas play in enhancing biological diversity/wildlife habitat and forest health, the vegetation management plan shall include best management practices, as approved by the State Forester’s Office and Division of Wildlife, to protect these natural resources within the PUD.

6. Utilities and Easements

All new utility lines shall be installed in full accordance with the standards of each utility provider and County Subdivision Regulations. Easements for all utilities shall be shown on the submitted site plans.

7. Landscaping

Landscaping improvements shall be required as part of any site plan required pursuant to Summit County Regulations. Revegetation of all disturbed areas shall be required in accordance with Summit County Landscaping and Grading and Excavation Regulations. Landscape planning shall generally focus on restoration of the native landscape thereby restoring wildlife habitat and eliminating the need for irrigation after the initial growing period.

8. Water Quality & Phosphorous Mitigation

All development proposals within the PUD shall implement “best management practices” (BMP’s) for control of runoff and stormwater on a permanent basis, stormwater and erosion during construction, and wastewater generated as a result of industrial operations on-site. In keeping with the County’s policies regarding phosphorous mitigation development, the Owner/Developer shall be required to mitigate non- point source phosphorous on a pound to pound basis. Using the phosphorous mitigation model incorporated into the Keystone Base I PUD it appears that the phosphorous credits provided by connecting the existing County facilities served by on-site septic systems to a central sewer system will more than off-set the amount of non-point source phosphorous generated by the level of development anticipated in this PUD. In addition to abandoning all on-site County septic systems, BMP’s shall also be incorporated into any site design to mitigate the potential introduction of unacceptable levels of phosphorous into the Lake Dillon Watershed either during construction or through on-going operations on-site. Appropriate BMP'’ shall include but not be limited to; incorporating phosphorous removal design into all stormwater detention facilities, paving of all roads and parking areas, appropriate detention of runoff from sand and snow storage on-site, minimizing the erosion potential by limiting cut slopes and fill areas through the use of retaining walls and incorporating appropriate revegetation measures in the landscaping plan, limiting the use of phosphorous containing herbicides and fertilizers and ensuring that areas requiring the use of such substances have runoff directed to impervious surfaces where it can be routed to the appropriate drainage control facilities, encouraging the use of detergents and other substances that are phosphorous free, and minimizing site disturbance through site sensitive design.

9. Air Quality

Where appropriate, site design shall incorporate measures that promote the use of alternative modes of transportation to help reduce the impact of this PUD on air quality in the area. Wood burning devices are prohibited within the PUD. All buses and diesel driven winter maintenance and snowplowing equipment/vehicles shall be stored inside.3 As part of the site plan review process, the Owner/Developer shall prepare operation standards designed to reduce the level of emissions generated on-site.

10. Noise

As part of the site plan review process, the Owner/Developer shall incorporate design features and operation standards intended to minimize the level of noise generated by normal on-site operations into the site design. To the maximum extent practicable (weather, safety or other factors beyond a pilots control) the Flight for Life helicopter shall avoid flying over the Bills Ranch and Water Dance residential areas.

11. Environmental Testing

10 Prior to the implementation of the first phase of development, a minimum of a Phase I Environmental Audit shall be completed by an environmental engineer or scientist with recognized expertise in the field and approved by the County Engineer and the Environmental Health Department. A mitigation/remediation program shall be prepared under the direction of the County Engineer and adopted by the Board of County Commissioners for any contaminated sites with the PUD prior to any site disturbance activity related to development of that specific site.

D. IMPLEMENTATION

1. Site Plan Review

The project shall comply with Section 12600 of the Summit County Land Use and Development Codes. All development shall undergo site plan review and approval by the County prior to the issuance of building permits. All site plans shall be in compliance with the applicable sections of the Summit County Land Use & Development Code now in effect or hereafter amended. At the time of site plan review, offsite improvements included in this PUD such as major road work, recreational pathways, and utilities may be required.

2. Platting Requirements

Platting of property within the PUD is not required as long as Summit County remains the Owner/Developer. Should any portion of the site be sold by the Owner/Developer platting will be required in compliance with the county’s Subdivision Regulations set forth in Chapter 8 of the Summit County Land Use & Development Code now in effect or hereafter amended.

E. GENERAL PROVISIONS

1. Administration and Enforcement

Administration and enforcement of the terms of this PUD shall be in accordance with “Chapter 14: Administration and Enforcement” of the Summit County Land Use & Development Code.

2. Breach of Provisions of PUD Designation

If any time any provision or requirements stated in the planned unit development designation has been breached by the Owner/Developer, the County may withhold approval of any or all site plans or plat maps, or the issuance of any or all grading or building permits or occupancy permits applied for on the Property, until such breach has been remedied; provided, however, that the county shall not take affirmative action on account of such breach until it shall have first notified the Owner/Developer in writing and afforded the Owner/Developer a reasonable opportunity to remedy the same.

3. Binding Effect

The PUD Designation shall run with the land and be binding upon the Owner/Developer, their respective successors, representatives and assigns, and all persons who may hereafter acquire an interest in the Property or any part thereof, with the exception that provisions of this designation may be modified through an amendment in accordance with the procedure stated in the County Development Review Procedures. This designation shall be recorded in order to put prospective purchasers or other interested persons on notice as to the terms contained herein.

4. Amendments

Amendments to the provisions of a planned unit development designation shall be reviewed and acted upon as a rezoning application, subject to the County’s procedures for zoning amendments and to the requirement for findings under the Planned Unit Development Act of 1972 at CRS 24-67-106(3)(b).

11 5. Notices

All notices required by this designation shall be in writing and shall be either hand-delivered or sent by certified mail, return receipt requested, postage prepaid, as follows:

Notice to County: Notice to Owner/Developer

Board of County Commissioners County Manager PO Box 68 Summit County Breckenridge, CO 80424 PO Box 68 Breckenridge, CO 80424

All notices so given shall be considered delivered three days after the mailing thereof. Either party, by notice so given, may change the address to which future notices shall be sent.

6. Entire Designation

This designation contains all provisions and requirements incumbent upon the Owner/Developer relative to the Summit County Library & Service center Planned Unit Development, except as modified by subsequent action of the Board of County Commissioners in accordance with procedures set forth in the Summit County Land Use and Development Code and the Colorado Planned Unit Development Act (CRS24-67-106) for amending planned unit developments, and except that nothing contained herein shall be construed as waiving any requirements of the Summit County Land Use and Development Code or other regulations otherwise applicable to the development of the Property.

7. Relationship to Original PUD Designation and Previous Amendments

To the extent the provisions of this revised PUD Designation are the same in substance to the provisions of earlier approved versions of this PUD designation, they shall be considered as continuations thereof and not new enactments. Where provisions of this revised PUD Designation conflict with earlier approved versions of the Summit County Library & Service Center PUD Designation, the provisions of this revised PUD Designation shall supersede and replace such provisions.

8. PUD Review Requirements

The Summit County Land Use and Development Code, Chapter 12, includes procedures and requirements for review of all Planned Unit Developments. The Owner/Developer shall be on notice of these requirements and shall insure that information necessary for the periodic review is made available to the County within the time frames as may be established in Chapter 12. The Owner/Developer further understands that failure to provide the necessary information or to proceed with the review process may result in development approvals within the PUD being withheld.

9. PUD Review Requirements

The Summit County Land Use and Development Code, Chapter 12, includes procedures and requirements for review of all Planned Unit Developments. The Owner/Developer shall be on notice of these requirements and shall insure that information necessary for the periodic review is made available to the County within the time frames as may be established in Chapter 12. The Owner/Developer further understands that failure to provide the necessary information or to proceed with the review process, may result in development approvals within the PUD being withheld.

12 IN WITNESS WHEREOF, the County and the Owner/Developer have executed this Designation as of the date first written above. BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO

By: /s/ Gary M. Lindstrom* Gary M. Lindstrom, Chairman

ATTEST:

By: /s/ Doris L. Brill* Doris L. Brill, Clerk and Recorder

SUMMIT COUNTY GOVERNMENT OF SUMMIT COUNTY, COLORADO

/s/ Robert Taylor* Robert Taylor, County Manager

ATTEST:

/s/ Dori J. Webb* Dori J. Webb, Deputy Clerk

*Denotes the original signatories to the County Commons PUD Designation, originally approved on January 23, 1995.

13 APPROVAL OF AMENDMENTS

The foregoing document is the Summit County Library & Service Center Planned Unit Development Designation as approved and signed by the Summit County Board of County Commissioners on the 15th day of October, 1996 and recorded at Reception No.527313 and as amended by the Summit County Board of County Commissioners as follows:

Resolution No. Reception No. Date 95-4 486069 1/23/95 95-26 489118 3/27/95 96-95 524428 9/23/96 96-100 527312 10/15/96 04-08 744689 1/19/2004 08-16 886380 3/25/2008 19- xx xxxx 3/12/2019

The planned unit development document dated the 23rd day of January, 1995 and recorded at Reception No. 486070 and revised to incorporate the amendments approved as noted above shall remain in force as revised. The foregoing document is issued as a continuation of the original document. Copies of the original Summit County Library & Service Center Planned Unit Development Designation and the amendments noted above are available from the Summit County Clerk and Recorder.

Adopted this 12th day of March, 2019.

BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO

______Thomas C. Davidson, Chairman

ATTEST:

______Kathy Neel, Clerk and Recorder

14 EXHIBIT A

LEGAL DESCRIPTION HOMESTAKE LAND EXCHANGE PARCEL NO. 4 SUMMIT COUNTY SHOPS

A TRACT OF LAND LOCATED IN SECTION 35 AND SECTION 36, TOWNSHIP 5 SOUTH, RANGE 78 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SUMMIT COUNTY, COLORADO. BEING DESCRIBED AS THE FOLLOWING GOVERNMENT LOTS IN SAID SECTIONS 35 AND 36.

SECTION 35, TOWNSHIP 5 SOUTH, RANGE 78 WEST

GOVERNMENT LOT 22, GOVERNMENT LOT 23

SECTION 36, TOWNSHIP 5 SOUTH, RANGE 78 WEST

GOVERNMENT LOT 11, GOVERNMENT LOT 13, GOVERNMENT LOT 15, GOVERNMENT LOT 18

SAID GOVERNMENT LOTS CONTAIN 130.3 ACRES MORE OR LESS.

RESOLUTION NO. 2019-

BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SUMMIT STATE OF COLORADO

A RESOLUTION APPROVING PLANNING CASE #PLN18-115, A MINOR AMENDMENT TO THE COUNTY COMMONS PUD TO AMEND THE EXHIBITS, PARCEL SIZES, AND DEVELOPMENT STANDARDS IN ORDER TO ALIGN THE PUD WITH THE COMMONS MASTER PLAN; GOVERNMENT LOTS 11, 13, 15, 18, 22, & 23, IN SECTIONS 35 & 36, TOWNSHIP 5 SOUTH, RANGE 78 WEST OF THE 6TH PRINCIPAL MERIDIAN, ZONED COUNTY COMMONS PUD (APPLICANT: SUMMIT COUNTY PUBLIC WORKS)

WHEREAS, Summit County Public Works, on behalf of the Summit County Board of Commissioners has applied to the Board Of County Commissioners for a Minor Amendment to the County Commons PUD to amend the Exhibits, parcel sizes, and development standards in order to align the PUD with the Commons Master Plan; Government Lots 11, 13, 15, 18, 22, & 23, in Sections 35 & 36, Township 5 South, Range 78 West of the 6th Principal Meridian, zoned County Commons PUD; and

WHEREAS, the Planning Department has reviewed the application and recommended that it be approved; and

WHEREAS, the Board of County Commissioners has reviewed the application at a public hearing held on March 12, 2019 with public notice as required by law and considered the evidence and testimony presented at the hearing; and

WHEREAS, the Board of County Commissioners finds as follows:

1. The proposed PUD modification is consistent with the efficient development and preservation of the entire County Commons PUD. The modification complies with the standards as listed in the PUD and promotes more efficient use of the land within the PUD. 2. The proposed PUD modification does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the County Commons PUD or the public interest. 3. The proposed PUD modification is not granted solely to confer a special benefit upon any person. 4. The proposed PUD modification is in general conformance with the goals, policies/actions and provisions of the Summit County Countywide Comprehensive Plan, and the Ten Mile Master Plan. This PUD modification will bring the PUD into conformance with the Commons Master Plan. 5. The proposed PUD modification is consistent with the purpose and intent of the County's Zoning Regulations and Rezoning Policies. This amendment does not allow for additional density within the PUD or the creation of any new parcels. 6. The proposed PUD modification promotes the public health, safety and welfare, as well as efficiency and economy in the use of land and its resources. 7. The proposed PUD amendment is not substantial and conforms to the intent and integrity of the original County Commons PUD and the PUD modification has been determined to be a minor amendment in accordance with Section 12202.04. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SUMMIT, STATE OF COLORADO, that a Minor Amendment to the County Commons PUD to amend the Exhibits, parcel sizes, and development standards in order to align the PUD with the Commons Master Plan; Government Lots 11, 13, 15, 18, 22, & 23, in Sections 35 & 36, Township 5 South, Range 78 West of the 6th Principal Meridian, zoned County Commons PUD is approved.

ADOPTED THIS 12TH DAY OF MARCH 2019.

COUNTY OF SUMMIT STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS

______Thomas C. Davidson, Chair

ATTEST:

______Kathleen Neel, Clerk & Recorder BOARD OF COUNTY COMMISSIONERS March 12 , 2019 PLANNING CASE #PLN18-059: KEYSTONE MINOR PUD AMENDMENT UPDATE TO THE EMPLOYEE GENERATION RATES

PUBLIC HEARING

PLANNING CASE #18-059 : Class 6 - A Minor Modification to the Keystone PUD to update the Employee Generation Rates, as required by Section B.6.C.iii.c of the PUD, and other modifications to accomplish the foregoing.

PROJECT INFORMATION: Location: Keystone Minor PUD Amendment Project/Request: A Minor Modification to the Keystone PUD to update the Employee Generation Rates, as required by Section B.6.C.iii.c of the PUD, and other modifications to accomplish the foregoing.

SNAKE RIVER BASIN PLANNING COMMISSION RECOMMENDATION: The Snake River Planning Commission does not review Minor PUD Amendments

RESOLUTION STATUS Resolution to be drafted subsequent to BOCC decision

STAFF RECOMMENDATION: Approval with 7 findings

ATTACHMENTS:

Attachment A: Study of Employee Generation Rates –Revised December 12, 2018 Attachment B: 2017-2018 Employee Housing Annual Report – dated September 28, 2018 Attachment C: EPS Review of Keystone PUD Employee Generation Rates – Dated December 5, 2018 Attachment D: Draft Amended PUD Designation PLANNING DEPARTMENT

970.668.4200 0037 Peak One Dr. PO Box 5660 www.SummitCountyCO.gov Frisco, CO 80443

STAFF REPORT TO: The Board of County Commissioners (“BOCC”) FROM: Lindsay Hirsh, Senior Planner FOR: Meeting of March 12, 2019

SUBJECT: PLN18-059: A Minor Modification to the Keystone PUD to update the Employee Generation Rates, as required by Section B.6.C.iii.c of the PUD, and other modifications to accomplish the foregoing.

APPLICANT: Vail Summit Resorts, Inc.

REQUEST: Class 6: A Minor Modification to the Keystone PUD to update the Employee Generation Rates, as required by Section B.6.C.iii.c of the PUD, and other modifications to accomplish the foregoing.

PRO J ECT DES CRI PTIO N: Location: Keystone Resort PUD Legal Description: See PUD Existing Zoning: Keystone Resort PUD

BACKGROUND: The Keystone Resort PUD was originally approved on March 27, 1995. This PUD has undergone numerous revisions over the years in order to reflect the desired development for the resort and to better address market conditions as they change with time and trends. As originally approved, the PUD required the Owner/Developer to provide employee housing for a certain percentage of the employees within the PUD, and adjacent resort operations. The original requirement obligated the Owner/Developer to provide housing for 40% of the total Full Time Equivalent (FTE) employees. A FTE is calculated by combining the credits as defined in the PUD associated with full time, part time and seasonal employees, which are defined according to the average number of hours worked per week and the number of months employed per year. As part of the employee housing requirement, and not in addition to it, the Owner/Developer was required to house 60% of the seasonal employees. In order to confirm that the Owner/Developer has fulfilled their employee housing obligation, an annual employee housing report is required to be submitted by September 30 of each year which indicates the number of employees employed within the PUD, and adjacent resort operations, for the previous ski season and demonstrates that housing is provided for the required number of employees. The 2017-2018 Annual Keystone Housing Report, submitted in September 2018, (Attachment B) is attached for the BOCC’s reference.

The PUD requires that the employee generation rates be updated every three years until build- out of the owner/developer’s property. The frequent updates are necessary to adjust to market and economic conditions to ensure that employees are being adequately counted for in the annual employee housing report, adequately projected for future development, and to ensure

2 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19 that there is adequate employee housing as required by the PUD Designation. The most recent update was approved February 14, 2014.

To ensure that the Owner/Developer provides employee housing concurrent with the construction of new employee generating development projects, the generation rates for the requisite type of development must be applied to estimate the number of employees that will require housing (designated as Classification II in both the annual report and the generation rate report). The employee generation rates are an estimate of the number of employees that are likely to be generated by different types of businesses or land uses, including hotel/lodge, multifamily dwellings, retail establishments and food and beverage establishments and single family development. As a development project is reviewed during the site plan review process, the number of employees anticipated to be generated by the project is determined and compared to the existing supply of housing. Based on the most recent annual Housing Report, if adequate housing is available to accommodate the existing employee housing requirement that exists at the time, plus the new housing that will be necessary to accommodate the additional employees generated by the project, then, in most cases, no new housing will be required. This requirement is applicable whether a property located within the PUD is developed by the applicant or a third party developer. If housing is not available to accommodate the additional employees expected to be generated by the project, a condition is added to the site plan approval indicating that additional housing will need to be provided prior to the issuance of a certificate of occupancy for the project.

The annual employee housing report mentioned above originally required the Owner/Developer to indicate the exact number of employees working within the boundaries of the PUD, and adjacent resort operations. Third-party businesses, i.e. businesses that are not owned by the Owner/Developer, Keystone Neighborhood Company or Vail Summit Resorts (VSR), are also requested by VSR to provide employee numbers for their businesses, however in many cases those third-party businesses do not provide this information. For this reason, on March 11, 2002 the Board of County Commissioners (“BOCC”) approved a major amendment to the employee housing provisions of the Keystone PUD which, among other changes, included a new classification of employee generation rates which may be used to “estimate” the number of employees working at third party business and document those numbers in the annual employee housing report (designated as Classification I). Classification I differs from the Classification II rates described above, because with Classification I, the business is existing as either a retail or food and beverage commercial space, whereas Classification II applies to businesses at the site plan stage, where the final commercial use may not have been designated as either retail or food and beverage. Consequently, there are two different “employee generation” rates currently utilized in the Keystone PUD: the rate applied to new construction at site plan review for purposes of determining if adequate housing is being provided for both existing and new employees generated by the new construction, and the rate applied to estimate the current number of employees working within the PUD, which encompasses third-party businesses.

The “Study of Employee Generation Rates” (“report”), prepared by RRC, was originally submitted on August 8, 2018 and subsequently amended twice following staff and third-party review comments. The final report (Attachment A) revised on December 12, 2018 is attached for the BOCC’s review. It should also be noted that Staff had the study reviewed/analyzed by a third party (Economic & Planning Services “EPS”) whose review is also attached (Attachment C) for the BOCC’s review/reference.

3 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19 Current Generation Rates:

(1) Classification One

Land Use Unit Employees Hotel/Lodge Room .23 Multi-family dwelling Unit .20 Retail Establishments 1,000 sq. ft. 2.58 Food/Bev. Establishments 1,000 sq. ft. 4.77 Single-family Less than 2,000 sq. ft. .08 2,000 to 3,999 sq. ft. .15 4,000 to 5,999 sq. ft. .32 More than 6,000 sq. ft. .47

Seasonal Employees shall be calculated at 30.7% of the totals from the generation rates listed above.

(2) Classification Two

Land Use Unit Employees Hotel/Lodge Room .23 Multi-family dwelling Unit .20 Retail/F&B Establishments 1,000 sq. ft. 3.61 Single-family Less than 2,000 sq. ft. .08 2,000 to 3,999 sq. ft. .15 4,000 to 5,999 sq. ft. .32 More than 6,000 sq. ft. .47

Per the revised 2018 study, the generation rates proposed by the applicant are as follows:

(1) Classification One

Land Use Unit Employees Hotel/Lodge Room 0.31 Multi-family dwelling Unit 0.24 Retail Establishments 1,000 sq. ft. 2.92 Food/Bev. Establishments 1,000 sq. ft. 4.33 Single-family Less than 2,000 sq. ft. 0.07 2,000 to 3,999 sq. ft. 0.13 4,000 to 5,999 sq. ft. 0.30 More than 6,000 sq. ft. 0.45

Seasonal Employees shall be calculated at 30.7% of the totals from the generation rates listed above.

(2) Classification Two

Land Use Unit Employees Hotel/Lodge Room 0.31 Multi-family dwelling Unit 0.24 Retail/F&B Establishments 1,000 sq. ft. 3.63 Single-family Less than 2,000 sq. ft. 0.07 2,000 to 3,999 sq. ft. 0.13 4,000 to 5,999 sq. ft. 0.30 More than 6,000 sq. ft. 0.45

4 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19 Generation Rate Discussion: Based on the submitted Employee Generation Rate Report, the Classification I rate (existing businesses) for Hotel/Lodge would increase from 0.23 to 0.31, the rate for multi-family would increase from 0.20 to 0.24, the rate for retail would increase from 2.58 to 2.92, and the rate for F&B Establishments would decrease from 4.77 to 4.33. The single family generation rate would decrease slightly for each home size range.

For Classification II (new construction), the rate for Hotel/Lodge would increase from 0.23 to 0.31, the rate for multi-family would increase from 0.20 to 0.24, Retail/F&B Establishments would increase slightly from 3.61 to 3.63, and the single family generation rate would decrease slightly for each home size range. A detailed explanation for each rate change is included in the Generation Rates report.

Retail and Food and Beverage Employee Generation Rates: VSR hired RRC Associates to conduct the study needed to update the employee generation rate report. RRC prepared the most recent generation rate report in 2013, as well as all the reports dating back to 2001. To update the generation rates for these uses, employee surveys are conducted of businesses within the Lakeside and River Run villages. The businesses are asked how many employees work full-time and part-time during the ski season (November 1 - April 30) and how many of those employees work more than 6 months per year. Of the 30 businesses asked to participate in the online survey, 14 businesses provided employment data (46% response rate). Following multiple email reminders and other methods of contact, data from the 2017-2018 Annual Employee Housing Report was used to augment property-specific responses for the non-respondents. A total of 26 retail and food and beverage establishments were included in the 2018 research. Restaurants located within hotel/lodge properties are included in the generation rates.

Since many employees in the County hold more than one job, an adjustment to the calculations is made using the “multiple job holding” rate, as done in previous reports. This rate is derived from the Summit County Workforce Housing Needs Assessment which was released in 2013 (note, the multiple job holding rate was not updated in the 2016 Housing Demand Update). As depicted below, the employees living in Summit County hold an average of 1.23 jobs during the winter season and 1.22 jobs on average year round. This number is used in Keystone to translate the number of jobs into employees.

Per the report, the Job Generation Rates are calculated by dividing the “total number of jobs” for each business category (retail and food and beverage) by the “total square footage” of all businesses in each business category, then multiplying by 1,000 to generate jobs per 1,000

5 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19 square feet. Each category was then divided by 1.23 to adjust for the multiple job holding during the winter season. Additional information about the methodology is included in the report.

As noted below, the 2018 Generation Rate for Food and Beverage Employees is 4.33 (employees per 1000 square feet) which is a from the previous rate of 4.77. The Generation Rate for Retail Employees has increased from 2.58 to 2.92. While these changes in job generation rates may appear significant, EPS in their third-party review did not find that the report suggested any major changes in employment patterns, and noted that the decrease in Food and Beverage rates was essentially offset by the increase in Retail generation rates.

The report also includes the following comparison of the 2013 average generation rates with the proposed 2018 generation rates:

Hotel/Lodge and Multi-Family Generation Rates The generation rates for hotels and managed condominiums were calculated from data provided directly by the Keystone Human Resources Department rather than from a merged database. Keystone HR provided the number of hotel rooms and managed units in their portfolio and the number of employees associated with each property type. The report calculated 0.37 employees per hotel or lodge room and 0.29 employees per managed condo/home. RRC compared these results to data from numerous other housing studies that they had completed and found that the Keystone generation rates are lower due to comparable lower cost and more limited service housing and lodging market than other areas in their database. These rates were then divided by 1.23 to account for multiple job holding.

Single Family Generation Rates In the 2009 generation rates review, a condition was added that required the next update to include rates for employees generated by single-family homes. Residential dwelling units

6 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19 generate demand for housing through their operation and maintenance. Examples of activities that typically generate employees include exterior and interior maintenance and upkeep (i.e. house cleaning, meal preparation, childcare, and personal services).

The first study of single-family employee generation was conducted in 2013. That report as well as the current report uses data derived from the RRC Merged Residential Job Generation Database which includes a variety of mountain resorts and a residential formula. RRC’s merged data base includes data collected over the past three decades (1990-2016) and includes 199 hotel/lodge properties and 43 property management companies. The list of nearby communities used in the database is located on Page 5 of the 2018 Employee Generation Rate Report (Attachment A).

RRC has found that the number of jobs generated increases with the size of the home. Due to that fact, RRC proposes that a range of generation rates be approved which set the rates according to the home size as follows:

Based on 2018 Summit County Assessor data the following table was prepared:

Keystone has a relatively low percentage of single family homes over 6,000 sq. ft. when compared to other mountain resorts. As depicted above, the majority of homes (52%) are in the

7 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19 2,000 to 3,999 sq. ft. range, the 4,000 to 5,999 square foot homes make up approximately 40%, with less than 4% of homes over 6,000 sq. ft.

For comparison purposes, RRC prepared the following table to illustrate the changes from the 2013 report to the proposed 2018 report:

As the comparison table illustrates, the generation rates generally decrease slightly for each home type.

Current Keystone Employee Housing: Per the 2017/2018 employee housing report (Attachment B), and as depicted below, there is currently a surplus of employee housing for both Peak Season and Seasonal Employees:

Staff applied the proposed generation rates to the 2017/2018 Annual Keystone Employee Housing Report to determine how the new generation rates and resulting Employee Housing requirement calculation may be impacted and found the following:

2017-2018 Employee Housing Using current Using Proposed Requirements generation numbers Generation numbers Total Number of Employees for Housing 2585.30 2600.71 Calc

8 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19 Total EHC Allocated to Peak Season 1153.00 1153.00 Housing Number of EHC required for Peak Season 1034.12 1040.28 Surplus of Peak Season EHC 118.88 112.72 Total EHC allocated to Seasonal 1006.00 1006.00 Number of EHC Required for Seasonal 720.41 723.73 Surplus of EHC for Seasonal 285.59 282.27

Using the proposed generation numbers results in a slightly higher number for the total of number of for both Peak and Seasonal Employees, and therefore a slightly higher EHC requirement and a slightly lower EHC surplus for both categories.

As indicated in Attachment C, overall, it was EPS’ opinion the RRC report used the best available data to estimate the current employee generation rates in the Keystone PUD. EPS did recommend that a minor calculation issue be revised, and the report re-submitted. The minor calculation change dealt with how the Retail/F&B employee generation rate was calculated. EPS suggested that the report change the calculation from a simple average to a weighted average based on the number of food and beverage establishments in the sample. The applicant has made the suggested revision, which is reflected in the final proposed generation rates discussed in this staff report.

Summary In summary, Staff finds that the employee generation rates proposed based on the methodology used in calculating the proposed rates is consistent with the currently best available information and methodology. The next update to the generation rates would be due in 2021.

CRITERIA FOR DECISION: Section 12203.02 of the County’s Land Use and Development Code (“Code”) states that the BOCC may approve a minor PUD amendment, only if the application meets all relevant County regulations and standards and provided the BOCC makes the following findings:

A. The proposed PUD modification is consistent with the efficient development and preservation of the entire PUD. B. The proposed PUD modification does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the PUD or the public interest. C. The proposed PUD modification is not granted solely to confer a special benefit upon any person. D. The proposed PUD modification is in general conformance with the goals, polices/actions and provisions of the Summit County Countywide Comprehensive Plan and any applicable basin or subbasin master plans. E. The proposed PUD modification is consistent with the purpose and intent of the County's Zoning Regulations and Rezoning Policies. F. The proposed PUD modification is consistent with public health, safety and welfare, as well as efficiency and economy in the use of land and its resources. G. The proposed PUD modification amendment is not substantial and conforms to the intent and integrity of the original PUD and the PUD modification has been determined to be a minor amendment in accordance with Section 12202.04.

The Proposed PUD Modification is Consistent with the Efficient Development and Preservation of t he Entire P UD The modification is consistent with the efficient development and preservation of the entire PUD

9 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19 in that no additional density is being proposed and the goals and objectives of the PUD will continue to be met specifically including the requirement to meet the housing requirements of employees who work within the PUD and who work within the adjacent resort operation.

The Proposed PUD Modification does not affect, in a Substantially Adverse Manner, Either the Enjoy ment of Land Abutting Upon or Across a Street from the PUD or t he Public Interest The modification does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the PUD or the public interest because no new development, permitted uses, or density are proposed under this amendment. It is in the public interest that the Owner/Developer of the PUD provide accurate and up to date employment numbers and verify compliance with the employee housing requirements of the PUD.

The Proposed PUD Modification is not Granted Solely to Confer a Special Benefit Upon any Person The modification is not granted solely to confer a special benefit upon any person. This modification amends the generation rates in the employee housing section of the report and further fulfills the employee housing obligations set forth in the PUD that must be met by Vail Summit Resorts and all developers of land located within the boundaries of the PUD.

The Proposed PUD Modification is in General Conformance with the Goals, Polices/Actions and Provisions of the Summit County Countywide Comprehensive Plan and any Applicable Basin or Subbasin Master Plans The proposed PUD modification is in general conformance with the goals, polices/actions and provisions of the Summit County Countywide Comprehensive Plan and the Snake River Master Plan because the changes proposed will continue to ensure that there is adequate employee housing for employees working within the Keystone PUD.

The Proposed PUD Modification is Consistent with the Purpose and Intent of the County's Zoning Regulations a nd Rezoning Policies

Staff has concerns related to parking and traffic that are and have been impacting the Keystone area. When the Keystone PUD was approved in 1995, is was intended as a destination resort, where day skier visitation was not the primary customer base. As the resort operation has evolved, it appears that due to factors such as the growth of the Denver metro area and the expansion of multi-resort ski pass offerings, that day skiers are now the primary customers at Keystone, which has caused unforeseen impacts to traffic and parking. County staff has been conducting ongoing monitoring of the traffic and parking situation at Keystone, and has been documenting observations from various entities (i.e. Sheriff’s Office, Road and Bridge, Housing Department, and the Zoning Compliance Officer) related to these concerns. At this point in time, it does not appear that the current state of parking is out of compliance with the PUD. However, Staff continues to be concerned that the existing PUD language regarding parking may not adequately address the changed conditions. Staff will continue to monitor consistency with the zoning and overall PUD compliance regarding parking and traffic.

With regards to the rest of the County’s zoning and rezoning policies, the PUD Modification is consistent with the Code’s zoning and rezoning policies because no new density is proposed and the modifications will not affect the PUD provisions in place which ensure that land with development constraints are avoided, that new development is compatible with existing development, that there is adequate infrastructure, and that wildfire hazards are mitigated.

The Proposed PUD Modification is Consistent with Public Health, Safety and Welfare, as

10 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19 Well as Efficiency and Economy in the Use of Land and i ts Resources In light of the purpose and intent of PUD designations and modifications, the proposal furthers the public health, safety integrity and general welfare, as well as efficiency and economy in the use of land and its resources because the modification continues to ensure that there will be adequate employee housing available for employees within the PUD.

The Proposed PUD Modification Amendment is not Substantial and Conforms to the Intent and Integrity of the Original PUD and the PUD Modifica tion has been Determined to be a Minor Amendment in Accordance w ith Section 12202.04 Section 12202.04 of the Development Code states that the Planning Director shall determine whether the proposed zoning amendment to modify a PUD is considered major or minor in nature. A proposed amendment is considered minor if it meets the following criteria for decision:

A. The PUD modification is not substantial and maintains the intent and integrity of the original PUD. B. The PUD modification does not increase in the total number of units or floor area. C. No new uses are requested, except for converting one (1) type of permitted use to another similar type of permitted use. D. There is no significant decrease in the amount of open space.

The proposed PUD amendment meets the four criteria listed above and furthermore, the PUD specifically states that the update to the generation rates is to be processed as a minor PUD amendment. Again, as discussed more thoroughly above, Staff is aware of concerns related to parking and traffic that are impacting the Keystone area, but feels that because the issue appears to be regarding the existing language in the PUD failing to adequately address the original intent of the PUD to provide for adequate parking, it may be better addressed in a more comprehensive PUD amendment. As it stands, this minor PUD amendment to update the Employee Generation Rates is consistent with the intent and integrity of the original PUD.

STAFF RECOMMENDATION: Staff recommends that the BOCC approve PLN 18-059, a Minor Modification to the Keystone PUD to update the Employee Generation Rates, as required by Section B.6.C.iii.c of the PUD, and other miscellaneous modifications to accomplish the foregoing with the following findings:

Findings: 1. The modification is consistent with the efficient development and preservation of the entire PUD in that no additional density is being proposed and the goals and objectives of the PUD will continue to be met specifically including to meet the housing requirements of employees who work within the PUD and who work within the adjacent resort operation. 2. The modification does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the PUD or the public interest because no new development, permitted uses, or density are proposed under this amendment. 3. The modification is not granted solely to confer a special benefit upon any person. This modification amends the generation rates in the employee housing section of the report and further fulfills an obligation set forth in the PUD that must be met by Vail Summit Resorts. 4. The proposed PUD modification is in general conformance with the goals, polices/actions and provisions of the Summit County Countywide Comprehensive Plan and the Snake River Master Plan because the changes proposed will continue to ensure that there is adequate employee housing for employees working within the Keystone PUD.

11 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19 5. The proposed PUD modification is consistent with the County’s Zoning and Rezoning Policies because, without limitation; a) the PUD modification does not affect established setbacks, permitted uses, density, landscaping, open space, parking or other development standards; b) the PUD modification will continue to ensure the compatibility of land uses, efficient and economical use of land and adequate light and air in development projects; c) areas of environmental hazards will continue to be avoided; d) development projects will continue to be functional, exhibit good design and aesthetics and protect the County’s natural resources and scenic beauty; and e) the modifications will not affect the PUD provisions in place which ensure that land with development constraints are avoided, that new development is compatible with existing development, that there is adequate infrastructure, and that wildfire hazards are mitigated. 6. In light of the purpose and intent of PUD designations and modifications, the proposal furthers the public health, safety integrity and general welfare, as well as efficiency and economy in the use of land and its resources because the modification continues to ensures that the PUD Owner/Developer provides accurate documentation of the number of employees generated by the resort operations and associated uses and complies with the employees housing requirements of the PUD. 7. The proposed PUD modification amendment is not substantial and conforms to the intent and integrity of the original PUD and the PUD modification has been determined to be a minor amendment in accordance with Section 12202.04 because, without limitation, a) the PUD modification is not substantial and maintains the intent and integrity of the original PUD; b) the PUD modification does not increase in the total number of units or floor area; c) no new uses are requested, except for converting one (1) type of permitted use to another similar type of permitted use; and d) there is no significant decrease in the amount of open space.

Attachments: Attachment A: Study of Employee Generation Rates –Revised December 12, 2018 Attachment B: 2017-2018 Employee Housing Annual Report – dated September 28, 2018 Attachment C: EPS Review of Keystone PUD Employee Generation Rates – Dated December 5, 2018 Attachment D: Draft Amended PUD Designation

12 PLN18-059: Keystone PUD Minor Amendment BOCC 3-12-19

Study of Employee Generation Rates

Submitted: May 31, 2018 Final Report

August 8, 2018 Revised 8/24/18 Revised 12/12/18

Prepared for: Keystone Resort

Prepared by: RRC Associates LLC 4770 Baseline Road, Ste. 360 Boulder, CO 80303 303/449-6558 www.rrcassociates.com Study of Employee Generation Rates

TABLE OF CONTENTS

INTRODUCTION ...... 1 SECTION 1 – RETAIL AND FOOD AND BEVERAGE EMPLOYEE GENERATION ...... 1 METHODOLOGY ...... 1 CALCULATIONS ...... 2 RESULTS ...... 3 SECTION 2 – HOTEL/LODGE AND MULTI-FAMILY EMPLOYEE GENERATION ...... 4 METHODOLOGY ...... 4 CALCULATIONS ...... 5 SECTION 3 – SINGLE-FAMILY HOME EMPLOYEE GENERATION ...... 7 METHODOLOGY ...... 8 CALCULATIONS ...... 9 CONSIDERATIONS FOR RESIDENTIAL FORMULA FOR KEYSTONE ...... 10 APPENDIX A - SURVEY FORM ...... 12

RRC Associates 2 Study of Employee Generation Rates

INTRODUCTION

This report is organized into three sections. The first section is the study of employee generation rates of retail and food and beverage establishments leasing space at River Run and Lakeside Village. The second section is a study of employee generation rates for hotel/lodge and multi-family dwellings at Keystone. The third section is a study of single-family housing job generation. Together, these reports are intended to address the requirements of the Keystone PUD.

The report provides an analysis of employment within the Keystone PUD in formats that permit comparisons to past reviews. Further, it updates and presents data describing current employment. A summary of findings from this 2018 analysis is presented in a table titled 2018 Summary of Results on page 10 of this report.

SECTION 1 – RETAIL AND FOOD AND BEVERAGE EMPLOYEE GENERATION

As part of the Keystone PUD, the owner/developer is required to update the Study of Employee Generation Rates every three years until build-out. This section of the report compares job generation rates calculated using the same methodology in 2001, 2006, 2008, 2013, and the updated 2018 figures. The report presents data in formats comparable to the information submitted in 2013 and methodologies are unchanged to permit comparisons of results over time. Vail Summit Resorts, Inc. (VR) contracted with RRC Associates LLC (RRC) of Boulder to perform these calculations. RRC has been involved in each of the previous studies dating back to 2001.

Methodology

The calculation of employee generation rates requires knowledge of full-time and part-time peak season employees for businesses at River Run and Lakeside Village. As a result, these businesses were surveyed and asked how many full-time and part-time employees they employ during the ski season (November 1 through April 30, 2017/18), and how many of those employees work more than 6 months per year. The survey defines full- and part-time employees as those that work over 20 hours per week and those that work 20 hours or less per week, respectively. Surveys were conducted by RRC using a combination of an online survey and telephone follow-up to businesses that did not originally respond to the survey. A copy of the survey instrument that was used to collect data is provided as Appendix A. The findings in this report are presented in aggregate to ensure the confidentiality of participating businesses.

Of the 30 businesses invited to participate in the online survey, 14 businesses provided employment data (46% response rate). Following the multiple email reminders and some phone contacts, data from the 2017-2018 Annual Keystone Employee Housing Report was used to augment property-specific responses for non-respondents. A total of 26 retail and food and beverage establishments are included in the 2018 research. Contacts were also made with

RRC Associates 1 Study of Employee Generation Rates hotel/lodge properties and multi-family properties at River Run and Lakeside Village to gather information concerning winter employment, 2018. Restaurants located within the hotel/lodge properties are included in the generation rates.

Calculations

Adjustment for Multiple Job Holding

There is a distinction between the number of jobs and the number of employees since many employees hold more than one job. According to the 2013 Workforce Needs Assessment (conducted by RRC, Rees Consulting and Wendy Sullivan), the employees living in Summit County hold an average of 1.23 jobs during the winter season and 1.22 on average year-round. This average is not based on full-time equivalents; rather, it is a measure of total jobs held, whether they are full-time or part-time. This number is used in the calculations that are performed in Keystone to translate the number of jobs into employees.

Average Number of Jobs Held by Season Average # Jobs Held Best Available Estimate Season (2007/08) 2013 Summer 1.22 1.20 Ski/Winter 1.20 1.23 Average 1.20 1.22 Source: Summit County Workforce Housing Needs Assessment, 2013

Employee Generation Rates

The Job Generation Rates were calculated by dividing the “total number of jobs” for each business category (retail and food and beverage) by the “total square footage” of all businesses in each business category, then multiplying by 1,000 to generate jobs per 1,000 square feet. Based on the definitions of FTE in the Keystone PUD regulations, the “total number of jobs” was calculated as the sum of the full-time jobs during the peak winter season (November 1st through April 30th) plus one half of the part-time jobs held during this period. This was the same methodology used in 2001, 2006, 2008, and 2013. More specifically:

1- Businesses were grouped according to their “type of business.” 2- The number of employees reported working over 20 hours per week plus one-half of the employees reported working 20 or fewer hours per week during the peak winter season was used for “total number of employees.” 3- The fields “total number of employees” and “square feet of leased space” were summed within each business category (e.g., food and beverage). 4- The Job Generation Rate, in terms of jobs per 1,000 square feet, equals the “sum of all employees” divided by the “total square footage” of all businesses within each category, multiplied by 1,000.

RRC Associates 2 Study of Employee Generation Rates

5- The Employee Generation Rate, in terms of FTE Employees per 1,000 square feet, equals the Job Generation Rate for each category divided by 1.22 to adjust for multiple job holding during winter, described above.

Results

2018 Update

The following FTE Employee Generation Rates for establishments at River Run and Lakeside Village were calculated from survey responses (in units of employees per 1,000 square feet of floor area). Note that while there were some changes in the job generation rates, the shifts are relatively minor and do not fundamentally change the findings reported in 2013. In other words, using similar methodologies, the employment patterns have remained quite stable in this reporting period.

FTE Employee Generation Rates Calculated From 2018 Surveys of Businesses at River Run and Lakeside Village Retail Food/Bev. Retail/F&B Establishments Establishments1 Establishments Number of businesses in calculation 11 16 27 Job Generation Rate (jobs per 1,000 square feet) 3.57 5.28 4.58* Jobs per employee 1.22 1.22 1.22 FTE Employee Generation Rates (FTE per 1,000 square feet) 2.92 4.33 3.76* *Weighted results based on number of responding establishments Source: April 2018 surveys (calculations by RRC) and 2017-18 Annual Keystone Employee Housing Report

As in 2013, the survey results are presented in a rolling average format illustrated below. Based on the 2018 results, bar/restaurant Job Generation rates were reported to be down somewhat, while retail employment was up.

Job Generation Rate Averages, 2013 Compared to 2018 2013 2018 Rolling Average Overall 4.33 4.58 4.46 Bar/Restaurant 5.72 5.28 5.50 Retail 3.10 3.57 3.34

1 The Bighorn Steakhouse and the Lodge Kitchen share space. It was assumed that each uses 50% of the square footage. The food and beverage space at Ski Tip Lodge was included in the 2018 figures, it had not been included previously.

RRC Associates 3 Study of Employee Generation Rates

The FTE Employee Generation rates, calculated based on multiple job holding, are also presented. Using these measures, the rolling averages for the different categories of employment are shown.

FTE Employee Generation Rate Averages, 2013 Compared to 2018 2013 2018 Rolling Average Overall 3.61 3.75 3.68 Bar/Restaurant 4.76 4.33 4.55 Retail 2.59 2.93 2.76

SECTION 2 – HOTEL/LODGE AND MULTI-FAMILY EMPLOYEE GENERATION

This section of the report compares and updates job generation rates for hotel/lodge and multi- family dwellings. These calculations are based on surveys conducted within the Keystone PUD using methods similar to those conducted in 2013. The RRC team previously calculated the job generation figures for hotel/lodge and multi-family dwellings in 2013, as well as in earlier studies, to address the requirements of the Keystone PUD. The comparability to past results, particularly to the information presented in 2013, is a focus of this report.

Methodology

The report titled “Analysis of Keystone PUD Employee Housing Requirements” (Rees Consulting and RRC Associates) used data from a merged data set of over 2,400 employers in communities across mountain resort areas to originally analyze employment within the Keystone PUD. This report and associated analysis provided the basis for ongoing evaluation to meet the PUD requirements, with subsequent analyses conducted in 2006, 2008, and 2013. These results have been updated using most recent available data in 2018. The job generation rates for hotel/lodge and multi-family dwellings were calculated using this merged database. To the extent possible, part-time jobs (typically < 30 hrs/week) were counted as 0.5 employees in the 2001 calculation. The 2001 report established a hotel/lodge generation rate of 0.5/room and a multi-family dwelling generation rate of 0.3/unit. A further explanation of the data set based on most currently available information (through 2016).

Calculations

Merged Database

RRC Associates and Rees Consulting, Inc. have been conducting housing needs assessments in mountain resort communities throughout Colorado and in neighboring states since 1990. As part of these studies, public and private sector employers were surveyed concerning the number of jobs they offer and the amount of space they occupy. The study area includes both core resort areas as well as nearby communities, which are listed below, with surveys collected over the past three decades, ranging between 1990 and 2016.

RRC Associates 4 Study of Employee Generation Rates

• Basalt: 2008 • Ouray: 2010 • Blaine County, ID: 1990, 1996 • Snowmass Village: 1999, 2008 • Chaffee County: 1994 • Routt County: 1990 • Copper: 2001 • San Miguel County: 2000 • Durango: 2016 • Summit County: 1990, 2001 • Eagle County: 1990, 1999, 2001, 2007 • Telluride: 1993, 1996, 2001 • Estes Park: 1991, 1999, 2007 • Teton County: 2006, 2012 • Frisco: 1998 • Aspen 2002, 2008 • Grand County: 1992, 2001, 2007 • Garfield County 2004 • Gunnison County: 1992, 1998, • Pitkin County 1991, 2004 • Composite of Pitkin, Eagle, and Garfield • Vail 2016 Counties (from Healthy Mountain Communities surveys of 1997/98 season) • Keystone: 2001, 2008

In total, the 2018 merged database includes 199 hotel/lodge properties and 43 property management companies. The job generation rates below reflect all employment associated with the property, including restaurants and spas. As a result of this calculation method, the total employment associated with hotels/lodges is typically higher than at Keystone where restaurants and spas in the lodges are removed from the hotel employment totals and are measured in food and beverage and retail categories. 2018 Job Generation Rates from the Merged Database Property Management Hotel/Lodge Total responses 43 199 Total employment 1,520 11,477 Total rooms/units 4,717 15,509 Employee Generation 0.32/Unit 0.74/Room Source: RRC/Rees merged database, 2018

Discussion of Merged Database in Relation to Keystone PUD

The merged database is a large data set that has been collected over time. It is representative of resort employment across the mountain west. However, in relation to the Keystone PUD, it provides some inconsistencies that should be noted. The primary purpose of making the comparisons between the Keystone properties and the merged data base is to provide a benchmark, or reference point that can be tracked over time. In general, the Keystone job generation numbers from hotel/lodge properties and property management companies remain significantly lower than the benchmark data set, but both sources have remained stable in recent years.

1. Total employment provided instead of FT/PT. It should be noted that employer surveys in the merged database do not consistently ask full-time and part-time employment.

RRC Associates 5 Study of Employee Generation Rates

Additionally, many respondents simply fill in total employment and leave the FT/PT distinction blank. In these cases, all employees are counted as full-time employees.

2. Consistency of FT/PT definition. The surveys in the merged database primarily define PT employment as < 30hrs/week, which is not consistent with Keystone’s PUD definition of < 20 hrs/week.

3. Inclusion of all hotel-related employment. The data in the merged database for hotel/lodge employee generation includes all employees associated with all hotel related activities. It does not separately define employment related to bar/restaurant facilities or spa services as noted above; these enterprises typically generate relatively large numbers of employees in a hotel operation.

Keystone Hotel/Lodge and Property Management Job Generation in 2018

Employment at the Lodge, the Hyatt Place, Keystone Resort Property Management and additional condo management was tabulated based on peak winter employment in 2017/2018. The peak winter employment during the 2017/18 season was determined. Per the Keystone PUD, full-time employment was defined as someone working more than 20 hours per week. Follow-up surveys asked for each hotel to define the number of employees working in each food and beverage establishment, as well as within any spas. The employment numbers represented below exclude food and beverage and spa employees.

Keystone Hotel/Lodge Job Generation FTE Employees Units Managed Employees/room The Lodge* 54 152 .36 The Hyatt Place 41 103 .39 Ski Tip Lodge 3 10 .33 Total Hotel/Lodge 98 265 .37 Source: RRC Associates contacts with Keystone H.R. Department, 2018 *excludes spa and restaurant (Bighorn, Edgewater and Hyatt restaurant) employees

Keystone Multi-family Job Generation FTE Employees Units Managed Employees/unit Keystone Resort Property Management 260 885 .29 Source: RRC Associates contacts with Keystone H.R. Department, 2018

RRC Associates 6 Study of Employee Generation Rates

As in past studies, the research indicates that Keystone is generating fewer employees on a per- room basis than the national norms based on the Merged Database.

Job Generation Rates from the Merged Database Compared to 2018 Keystone Results Property Management Hotel/Lodge Employee Generation Keystone 2018 peak winter 0.29/Unit .37/Room Employee Generation Merged Data Base: 0.32/Unit 0.74/Room

Note that in the calculations presented above there is no adjustment made for multiple job holding. This permits the Merged Database to be compared with the results from the Keystone research. In past analyses the calculations for Keystone have been further adjusted to reflect multiple job holding. If this step is taken and a multiple job holding adjustment is made to the Keystone data, the results show the following:

FTE Employee Generation Rate Averages – Lodges/Hotels and Property Management

Property Management Hotel/Lodge Employee Generation Keystone 2018 peak winter .29 /Unit 0.37/Room Jobs per employee 1.22 1.22 FTE Employee Generation Rates .24 .31

SECTION 3 – SINGLE-FAMILY HOMES EMPLOYEE GENERATION

This section of the report addresses a requirement for the Keystone PUD to address single- family housing job generation as a part of the overall Summit County housing requirements that apply to the development.

The Single-Family Homes Employee Generation Analysis is based on a study first conducted in 2013 by RRC. That analysis was performed in order to address the requirements of Summit County Resolution No. 2009-34 that required single-family homes as part of the residential building types to be addressed as a PUD requirement. That recommendation was adopted following the 2013 study by Summit County based on a Keystone PUD Amendment. The single- family job generation rates recommended in 2013 were reevaluated as a part of this 2018 review.

The following discussion presents RRC’s findings and recommends a formula that is based on data from studies concerning single-family homes’ job generation, and that could be applied to new development within Keystone.

RRC Associates 7 Study of Employee Generation Rates

The analysis uses data obtained from a large number of studies conducted by RRC that have addressed job generation patterns from single-family homes in a variety of mountain resorts. This section of the report uses data from the RRC Merged Residential Job Generation Database to examine typical job generation. Then, the study presents a formula that is appropriate for Keystone based on the findings from this study and other comparable investigations.

Residential dwelling units generate demand for housing through their operation and maintenance. Examples of activities that typically generate employees include exterior and interior maintenance and upkeep, house cleaning, meal preparation, childcare, and personal services. Note that partial increments of employees are typically indicated by the research since actual figures from the surveys rarely represent more than one full-time person associated with a residence. The employees that fill these jobs generate demand for affordably priced housing.

Methodology

The RRC merged database was created from a series of survey-based studies of hiring practices and services purchased by the owners of single-family residences of different sizes. Using detailed survey forms, average job generation rates were calculated. The overall finding from the study is that larger residential units generate more jobs than smaller units. Data from homeowner surveys administered in 11 studies in 8 western resort communities were analyzed. Mountain communities and counties included in the surveys are shown below. The analysis included results from the RRC single-family home employee generation data base that was analyzed in 2013, with results from several additional studies incorporated in 2018.

• Teton County, WY, 2 studies • Gunnison County • Breckenridge / Upper Blue • San Miguel County • Eagle County • Blaine County, ID • Aspen, 3 studies • Snowmass Village

The surveys focused on jobs directly generated as a result of the residential unit - that is, jobs associated with housing maintenance and operations, including property and rental management, homeowners’ associations, gardeners, snow removal, exterior maintenance, housekeepers, kitchen help/chef, child care provider/nanny, caretaker/concierge/butler, personal trainer/administrative assistant and other related employees. The studies did not include workers generated through construction of the home. The assumption is that while there are jobs generated during the time of new home construction, the duration of the construction cycle is relatively short, and the long-term impacts of jobs generated by the new home are very low when measured over time.

RRC Associates 8 Study of Employee Generation Rates

The residential job generation rates, expressed in 1,000 square foot increments, are substantially similar in all of the communities surveyed; in other words, a 5,000 square foot house in Keystone is likely to generate about the same employment as a 5,000 square foot house in other parts of Summit County, or Eagle County, or Teton County, WY. This was the basis for the recommendation that the merged database be used for Keystone.

Calculations

Based on the analysis of 8 communities through the 11 studies, the job generation rates, expressed in full-time equivalents (FTE) per unit, were found to vary by square footage according to the following exponential function:

Equation of Residential Employee Generation by Home Size – Single-Family Units Total FTE = 0.0378758692e0.0004120904x

An exponential curve is used to describe the general shape of the results over the range of home sizes evaluated, and it also indicates a set of measures that are appropriate for creating a requirement for Keystone job generation.

Mean Full-Time Equivalent Jobs by Single Family Home Size

Source: RRC Associates Merged Residential Job Generation Database, 2018

RRC Associates 9 Study of Employee Generation Rates

The following table of FTE employee generation rates was calculated by applying the above formula to each of the residential square-footage categories shown in the second column. There is a positive correlation between household size and job generation – the larger the home, the more jobs that are generated by the residence. Keystone and Summit County adopted measures for estimating employee job generation in 2013. These estimates have been used by Keystone in subsequent years for the annual reports that are filed. The 2018 modeled employment based on RRC’s 2018 analysis using the merged database are as follows.

Residential Employee Generation Rates by Single Family Home Size - 2018 Modeled FTE Size of Single Family Modeled Employees Unit (Square Feet) Square Feet Single Family Units <1,000 s.f. 1,000 0.07 1,000 - 1,999 1,500 0.08 2,000 - 2,999 2,500 0.12 3,000 - 3,999 3,500 0.16 4,000 - 4,999 4,500 0.26 5,000 - 5,999 5,500 0.39 6,000 - 6,999 6,500 0.58 Source: RRC Associates Merged Residential Job Generation Database, 2018

It should be noted that unlike some mountain resorts, Keystone has very few single-family units over 6,000 square feet. The breakdown of single-family unit sizes in the Keystone P.U.D. area (based on 2018 Summit County Assessor’s data) is summarized below. Data show that the majority of homes (52%) are in the 2,000 to 3,999 square foot range, or 4,000 to 5,999 s.f. (40%), with less than 4% of homes over 6,000 feet.

Summary of Single-Family Homes in Keystone PUD by Home Size Excluding Garages

House Size in S.F. Number of Homes Percent of Total <2,000 8 4% 2,000 to 3,999 100 52% 4,000 to 5,999 77 40% Equal to or greater 6,000 7 4% 192 100%

Source: Summit County Assessor’s Office, May 2018

Considerations for Residential Formula for Keystone

When considering the impact of residential uses on local job generation, the following issues need to be considered:

RRC Associates 10 Study of Employee Generation Rates

• Relationship to Commercial and Lodging Requirements. It is important to ensure that the calculations for Keystone are not “double-charging” for the same employees that were counted in the commercial or lodging analyses presented under separate cover. In other words, if residential developments are required to mitigate for all jobs created through homeowner expenditures (direct basic jobs and secondary jobs, including property management as well as retail jobs, service jobs, etc.), commercial job generation figures must ensure that employees housed by residential requirements are not also required to be housed through commercial requirements.

It should be noted that the direct employment figures generated by RRC Associates include the above considerations. Residential job generation figures purposely only include employees providing services to the home at the homesite, to avoid double- counting employees that are needed by local commercial operations. Residential generation figures also purposely include all property owners. This negates the complexity of trying to determine whether properties will be purchased by locals or second homeowners but provides a middle-ground figure that results in mitigation fitted to the life of the property (including changes in ownership).

• Accounting for Multiple Job Holding. The job generation ratios for commercial space that are used in Keystone measure the total number of full- and part-time employees combined; no adjustment was made when counting part-time jobs. Some of the employees, particularly the part-time workers, may also hold other jobs. To avoid double counting and potentially requiring two different commercial developments to pay for housing the same employee, the number of total employees in commercial space that generate demand for housing in Keystone has been adjusted for multiple job holding based on the most recent 2013 Summit County Needs Assessment. However, because job generation rates for residential dwellings are presented in terms of full-time equivalents (FTEs), they do not need to be adjusted for multiple job holding.

Based on the typical unit sizes in Keystone, RRC had suggested a formula for calculating job generation in 2013 that incorporated four different levels of requirement, and that all homes larger than 6,000 feet be lumped together for purposes of creating a job generation factor. This recommendation has been reevaluated using updated merged data base figures. The 2018 review, including both the analysis of the curvilinear relationship illustrated above, and the FTE measures it generates, provides results very similar to those obtained in 2013. RRC compares the 2018 findings to the previously recommended formula (2013) below.

RRC Associates 11 Study of Employee Generation Rates

Single Family Employee Generation Rates by Home Size 2018 Results Compared to Figures Currently Used Current Requirements Results of 2018 Based on 2013 FTE Analysis Size of Single Family Modeled Employees/ Employees/Single- Unit (Square Feet) Square Feet Single Family Unit Family Unit Less than 2,000 s.f 1,500 0.08 0.07 2,000 to 3,999 s.f. 3,000 0.15 0.13 4,000 to 5,999 s.f. 5,000 0.32 0.30 More than 6,000 s.f. 6,000 0.47 0.45 Source: RRC Associates, 2018

SUMMARY OF REPORT FINDINGS

The following table provides a summary of the job and generation rates generated from each of the three sections of this report.

Summary of Results 2018 Job and FTE Employee Generation Rates Within the Keystone PUD FTE Employee Generation Job Generation Rate Rate* (jobs per 1,000 square feet)

(Report Section 1) Retail and Retail Establishments 3.57 2.92 Food and Beverage Food/Bev Establishments 5.28 4.33 Employee Generation Retail/F&B Establishments 4.42 3.63 Property Management Hotel/Lodge and Multi- Employee Generation .29/Unit .24/Unit** Family Employee Generation Keystone (Report Section 2) Hotel/Lodge Employee 0.37/Room .31/Room** Generation Keystone

*Based on 2013 Summit County Needs Assessment job generation rates adjusted for multiple job holding (1.22 jobs/employed person)

**Keystone hotel/lodge and multi-family FTE employee generation rates adjust for multiple job holding

2018 Single-Family Homes Job and FTE Employee Generation Rates Within the Keystone PUD 2018 Update Results Less than 2,000 sqft .07 Single-Family Homes 2,000 to 3,999 sqft .13 Employee Generation 4,000 to 5,999 sqft .30 (Report Section 3) More than 6,000 sqft .45

RRC Associates 12 Study of Employee Generation Rates

APPENDIX A - SURVEY FORM

RRC Associates 13

MEMORANDUM

Via E-mail Only

To: Don Reimer, Planning Director, Summit County Planning Department

From: Geoff Buchheister, Vice President & General Manager – Keystone Resort

Date: September 28, 2018

Re: 2017-2018 Annual Keystone Employee Housing Report

Attached please find the revised Employee Housing Annual Report, as required by Section 6.C.(i) of the Keystone Resort PUD for the 2017-2018 Peak Season, based upon comments received from you.

The following chart is a summary of the information contained in the report, which shows a surplus of employee housing for both the Peak Season employees as well as Seasonal Employees.

Total Number of Employees for Employee Housing Calculation 2,585.30

Total EHCs Allocated to Peak Season Employee Housing 1,153.00 Number of EHCs Required for Peak Season Employees 1,034.12 Surplus of EHCs for Peak Season Employees 118.88

Total EHCs Allocated to Seasonal Employee Housing 1,006.00 Number of EHCs Required for Seasonal Employees 720.41 Surplus of EHCs for Seasonal Employees 285.59

If you have questions, please contact Kara Bowyer at [email protected] or 303-504-5880.

cc: Kara Bowyer, Senior Land Use Planner

Keystone Resort / PO Box 38 / 0219 River Run Road, Jack Pine Lodge A-9 / Keystone, CO 80435

Employee Housing Annual Report Keystone PUD 2017-2018 Peak Season September 28, 2018

Section 6.C of the Keystone PUD requires that an annual report be prepared setting forth information regarding the number of employees within the Keystone PUD and the amount of employee housing provided. The following is provided in fulfillment of this requirement for the 2017-2018 Peak Season.

1. Keystone Resort and Keystone Neighbourhood Company

The chart below details the average number of full time, part time and seasonal employees employed by Keystone Resort for the 2017-2018 Peak Season, as well as actual employees as reported from the Keystone Neighbourhood Company (KNC). The Keystone Resort figures were derived from an average calculated based upon weekly reports provided by Keystone’s Human Resources office of the current number of employees, further designated as full time, part time and seasonal. Similarly, the KNC provided information on their full time, part time and seasonal employees.

Peak Season Calculation to Total FTE 2017-2018 FTE Full Time Keystone Resort 694.17 Keystone Neighbourhood Company 18.00 Total 712.17 1.0 712.17 Part Time Keystone Resort 525.67 Keystone Neighbourhood Company 15.00 Total 540.67 0.5 270.34 Seasonal Keystone Resort 1,000.33 Keystone Neighbourhood Company 2.00 Total 1,002.33 1.0 1,002.33 TOTAL 1,984.84

As shown, this calculation totals 1,984.84 FTE employees from 2017-2018 Peak Season.

For purposes of comparison, the 2016-2017 Peak Season figures for Keystone Resort and KNC employees totaled 1,946.51 FTE employees, an increase of approximately 1.97%.

The FTE estimate for upcoming 2018-2019 Peak Season is approximately 2,000 FTE employees, given that there are no anticipated changes to the number of resort employee positions that will be necessary for the 2018-2019 season.

1 | Page

2. Employees Employed by Employers Other Than Keystone Resort and KNC

Commercial Tenants/Other

Pursuant to Section 6.C of the PUD, surveys were distributed to employers other than Keystone Resort and the KNC in an attempt to obtain actual employee counts. Surveys were sent to all employers for whom Keystone Resort had contact information. These surveys were conducted by RRC Associates on a confidential basis, where participants were assured that their information would only be presented in the aggregate, that individual responses would remain strictly confidential and no names or address would be identified in the findings. Fourteen (14) businesses provided responses to the surveys. Keystone Resort followed up with any employers who did not respond to the RRC Associates request, as required per the PUD. Follow-up requests resulted in three (3) additional businesses providing employee information.

In addition to returned surveys, information was obtained from Vail Resorts Human Resources regarding employees within Vail Resorts Retail (VRR) stores. The VRR figures were derived from the same methodology as described in Section 1 above.

The chart below details the information determined from the survey responses that were received and information regarding VRR.

Peak Season Calculation of FTE FTE 2017-2018 Full Time Vail Resorts Retail (VRR) (average) 9.50 Lakeside Village Commercial 17.00 River Run Village Commercial 47.00 Mountain House Base Area 0.00 Four Corners (Keystone Grocery + Liquor) 5.00 Total 78.50 1.00 78.50 Part Time Vail Resorts Retail (VRR) (average) 17.67 Lakeside Village Commercial 13.00 River Run Village Commercial 55.00 Mountain House Base Area 20.00 Four Corners (Keystone Grocery + Liquor) 4.00 Total 109.67 0.50 54.84 Seasonal Vail Resorts Retail (VRR) (average) 35.00 Lakeside Village Commercial 0.00 River Run Village Commercial 17.00 Mountain House Base Area 45.00 Four Corners (Keystone Grocery + Liquor) 0.00 Total 97.00 1.00 97.00 TOTAL 230.34

For the commercial employers from which surveys were not received, the generation rates approved in February 2014 were applied. The chart below details the various employers for which generation rates were applied and the corresponding FTE calculations.

2 | Page

Generation Full Time Seasonal Seasonal Employer Square Feet Rate/1,000 Total FTE FTE Metric Employees SF Food and Beverage (Lakeside) 2,526 4.77 12.05 30.70% 3.70 15.75 Food and Beverage (Lakeside) 1,653 4.77 7.88 30.70% 2.42 10.31 Retail (River Run) 3,351 2.58 8.65 30.70% 2.65 11.30 Retail (River Run) 508 2.58 1.31 30.70% 0.40 1.71 Retail (River Run) 1,255 2.58 3.24 30.70% 0.99 4.23 Retail (River Run) 1,057 2.58 2.73 30.70% 0.84 3.56 Food and Beverage (River Run) 1,356 4.77 6.47 30.70% 1.99 8.45 Food and Beverage (River Run) 4,090 4.77 19.51 30.70% 5.99 25.50 Food and Beverage (River Run) 3,485 4.77 16.62 30.70% 5.10 21.73 Food and Beverage (River Run) 2,934 4.77 14.00 30.70% 4.30 18.29 Food and Beverage (River Run) 6,979 4.77 33.29 30.70% 10.22 43.51 Food and Beverage (River Run) 1,639 4.77 7.82 30.70% 2.40 10.22 TOTAL 174.56

As shown below, the number of commercial tenant employees, including both the survey responses and those calculated through the generation rate total 404.90 FTE employees.

Total FTE Total VRR and Survey 230.34 Total Generation Rate 174.56 TOTAL COMMERCIAL EMPLOYEES 404.90

For comparison purposes, the averages reported for the 2016-2017 Peak Season was 364.58 FTE employees, an increase of approximately 11.06%.

The FTE estimate for the upcoming 2018-2019 Peak Season is approximately 400 FTE employees, as there are no anticipated changes in the amount of commercial activities within the PUD.

Third-Party Property Management Employees

The chart below details the number of employees generated by third-party property management companies.

Approved Total FTE Generation Rate Total Multi Family Units 2,108 Total Units Managed by Keystone Property Management 775 Total Units with No Management Contract 568 Total Units Non-Keystone Managed 765 0.20 153.00

3 | Page

This calculation resulted in a total of 765 multi-family units that are under third-party management. The total FTE is based on the current generation rate for multi-family dwelling of 0.20 per unit.

Employees of Keystone Property Management are included in the figures reported in Section 1. There is no longer a third party property management company for employee housing in Keystone. Employees associated with that function are included in the figures reported in Section 1.

The total FTE employees for property management is 153.00 FTE employees.

For purposes of comparison, the 2016-2017 Peak Season figures totaled 155.0 FTE employees, a decrease of approximately 1.29%.

The FTE estimate for the upcoming 2018-2019 Peak Season is approximately 150 FTE employees, as no significant changes are anticipated.

Single Family Homes

Summit County provided Keystone Resort the data in the chart below, showing the number of single family homes within the PUD at the varying sizes. The generation rates approved in February 2014 were then applied, as shown below.

Approved Number of House Size (sq.ft.) Generation Total FTE Homes Rate 0 - 2,000 8 0.08 0.64 2,001 - 3,999 100 0.15 15 4,000 - 5,999 77 0.32 24.64 6,000 + 7 0.47 3.29 TOTAL SINGLE FAMILY HOME FTE 43.57

For purposes of comparison, the 2016-2017 Peak Season figures totaled 43.18 FTE employees, an increase of approximately 0.90%.

The FTE estimate for the upcoming 2018-2019 Peak Season is 43 employees, as there is no anticipated increase in the number of single family homes for which Keystone Resort will be required to provide employee housing.

Other Employees

There are four (4) sheriff deputies who currently reside and are employed within the Keystone PUD

TOTAL SHERIFF DEPUTIES COUNTED AS PUD EMPLOYEES 4.00

3. Total Number of Employees

The chart below shows the total number of employees in the Keystone PUD for the 2017-2018 Peak Season. This represents an overall increase of approximately 3.07% from the 2016-2017 Peak Season.

4 | Page

Total Peak Season 2017-2018 FTE Keystone Resort and KNC 1,984.84 Commercial Tenants/Other 404.90 Property Management 153.00 Single Family Homes 43.57 Sheriff Deputies 4.00 TOTAL PEAK SEASON FTE 2,590.30

Employee Owned Non-Restricted Units

The PUD requires an inventory of all employee-owned and occupied units that are not deed restricted. The total number of units that fall into this category is five (5) units, which is the same amount reported in last year’s report. Consistent with previous years’ reports, these units have been deducted from the total number of employees for which housing is required to be provided.

The following chart is an inventory of those units.

Employee Employment Status Property Name Spencer Allen Full Time Quicksilver Norman Chenevert Full Time Expedition Station Ina Gillis Seasonal/Part Time River Run Road Larry Hutton Full Time Silver Mill Jennie Schrage Seasonal/Part Time Elk Crossing Lane

This deduction from the Total Number of Employees results in a total of 2,585.30 FTE employees included in the calculation of the required amount of employee housing.

Total Number of Employees 2,590.30 Deduction for Employee Owned Non-Restricted Units 5.00 Total Number of Employees for Employee Housing Calculation 2,585.30

4. Keystone Employee Housing Units

Location and Types of Units

There are essentially four locations of Employee Housing Units within the Keystone PUD: Sagebrush, Sunrise I, II and III, Tenderfoot and Hidden River Lodge. A description of each of these units is included in the chart below, along with the calculation from bedrooms to Employee Housing Credits (EHC).

5 | Page

Seasonal Housing Sunrise I These apartments have two double occupancy bedrooms with bunk beds in each of the bedrooms, a shared kitchen, bathroom and living room. These units are fully furnished. 1 Bedroom = 2 EHCs Sunrise III These studio double occupancy apartments have two twin beds with an open living area. The suite has an attached kitchen and bathroom that is shared with an adjoining unit. 1 Bedroom = 2 EHCs Sagebrush This housing complex is located near the bottom of Dercum Mountain. These units are double occupancy dorm style apartments. In addition to small refrigerators and microwaves in each unit, four (4) common area kitchens were created this season to provide increased cooking options. Each unit has bunk beds, two locking closets, and a ski storage locker. Each suite has a bathroom that is shared with an adjoining unit. 1 Bedroom = 2 EHCs Tenderfoot Each of the three buildings consists of a lower level containing six two – bedroom handicap adaptable units (except for one building, which only contains five two- bedroom units). The buildings also contain three additional levels, each consisting of twelve three – bedroom units. These apartment style units contain a common living room, combined dining / kitchen area and a bathroom. These units are furnished and have single occupancy bedrooms. One unit in Tenderfoot also serves as a police substation. 1 Bedroom = 1 EHC. Long Term Rentals and Ownership Units Sunrise II The units in this building are made available for long-term (not seasonal) rent to supervisors and managers of the resort, and consist of one, two and three bedroom apartments. 1 & 2 Bedroom units = 1.5 EHCs per Bedroom / 3 Bedroom units = 3 EHCs Hidden River There are 16 condominiums (30 bedrooms) within the Hidden River Lodge that are deed restricted as affordable housing for employees within the Keystone Resort area, as defined in the Keystone PUD. 16 Units = 30 EHCs

The following chart shows the breakdown in number of bedrooms and/or EHCs. As shown, there are a total of 1,166 potential EHCs available in the Keystone PUD.

Number of Conversion to EHC Location Total EHC Beds/Bedrooms (per bedroom) Sunrise I and III -- 373 Sagebrush Double Occupancy 144 2 288 Tenderfoot I, II and III 358 1 358 Sunrise II One Bedroom 34 1.5 51 Two Bedroom 16 1.5 48 Three Bedroom 6 3 18 Hidden River 16 -- 30 Off-Site Employee Housing 0 -- 0 TOTAL POTENTIAL EHCs 1,166

6 | Page

For the 2017-2018 Peak Season, 102 additional beds permitted to be added to Tenderfoot; however, those beds were not permitted to count towards available EHCs and are not included in the totals above.

5. Employee Housing for Peak Season Employees

There are several factors that modify the number of EHCs allocated to employee housing in the Keystone PUD. These include provision of housing to employees outside of the PUD (including Arapahoe Basin Ski Area and Vail Resorts employees who work at Breckenridge Ski Resort or for Colorado Mountain Express, all of which are Summit County based employers but not within the Keystone PUD).

For the 2017-2018 Peak Season, the permissions for non-PUD employees to reside in Tenderfoot were expanded to permit a total of up to 126 employees (up to 50% of total beds in Tenderfoot I and up to 20% of total beds in each of Tenderfoot II and Tenderfoot III). At the peak of the season, a total of 118 non-PUD employees occupied beds in Tenderfoot. Those 112 non-PUD employees included the 27 A- Basin employees noted above and 85 Vail Resorts employees who work at Breckenridge Ski Resort or for Colorado Mountain Express, both of which are Summit County based employers but not within the Keystone PUD. Given that 99 additional beds were added to Tenderfoot allowing additional occupancy but not permitted to be counted as EHCs, a deduction of 99 has been taken from the total number of non-PUD employees, resulting in a total of 13 non-PUD employees, as shown below.

Reason for Deduction Number of EHCs Bed Occupied by Non-PUD Employees 85.00 Housing for A-Basin Employees 27.00 Total Non-PUD Employees 112.00 Deduction for Additional Tenderfoot Beds 99.00 TOTAL EHC DEDUCTIONS 13.00

The deduction of 13.00 potential EHCs that are not allocated to employee housing from the total potential EHCs leaves a total of 1,153.00 EHCs available in the Keystone PUD for the 2017-2018 Peak Season.

Number of EHCs Total Potential EHCs 1,166.00 Total EHC Deductions 13.00 Total EHCs Allocated to Peak Season Employee Housing 1,153.00

The PUD requires employee housing for 40 percent of total Peak Season employees. The chart below shows this requirement to be 1,034.12 employees.

Total Number of Employees for Employee Housing Calculation 2,585.30 Required Percentage per PUD 40% Number of EHCs Required for Peak Season Employees 1,034.12

7 | Page

As such, a surplus of 118.88 EHCs exists for Peak Season Employees.

Total EHCs Allocated to Peak Season Employee Housing 1,153.00 Number of EHCs Required for Peak Season Employees 1,034.12 Surplus of EHCs for Peak Season Employees 118.88

6. Employee Housing for Seasonal Employees

The PUD requires that employee housing be available for 60 percent of Seasonal Employees. This section outlines compliance with that provision.

Only a portion of the Total EHCs Allocated to Employee Housing is available to Seasonal Employees at this time. The deed restricted units in Hidden River and the units in Sunrise II were not available for Seasonal Employees in the 2017-2018 Peak Season.

Location of Seasonal Housing Number of EHC Sunrise I and III 373 Sagebrush 288 Tenderfoot I, II and III 358 Total 1,019

Similar to the Peak Season requirements, certain deductions from the available units is necessary. Those deductions are outlined in the chart below.

Reason for Deduction Number of EHC Bed Occupied by Non-PUD Employees 85.00 Housing for A-Basin Employees 27.00 Total Non-PUD Employees 112.00 Deduction for Additional Tenderfoot Beds 99.00 TOTAL EHC DEDUCTIONS 13.00

As a result of these deductions, a total of 1,006.00 EHCs are available for Seasonal Employees.

Total Potential EHCs for Seasonal Housing 1,019.00 Total Deductions for Seasonal Housing 13.00 Total EHCs Allocated to Seasonal Employee Housing 1,006.00

As noted above, the PUD requires that employee housing be available for 60 percent of Seasonal Employees. The chart below details this requirement to total 720.41 employees. In instances where generation rates were used to determine the number of employees, the PUD states that a seasonal conversion rate of 30.7 percent should be applied.

8 | Page

Total Keystone Resort and KNC Seasonal Employees 1,002.33 Total Commercial Seasonal Employees 138.00 Total Third Party Property Management Seasonal Employees 46.97 Total Single Family Homes Seasonal Employees 13.38 Total Seasonal Sheriff Employees 0.00 Total Seasonal Employees 1,200.68 Required Percentage per PUD 60% Number of EHCs Required for Seasonal Employees 720.41

As such, a surplus of 285.59 EHCs exists for Seasonal Employees.

Total EHCs Allocated to Seasonal Employee Housing 1,006.00 Number of EHCs Required for Seasonal Employees 720.41 Surplus of EHCs for Seasonal Employees 285.59

7. Summary

As evidenced in this report, a surplus of EHCs exists for both Peak Season and Seasonal Employees. The surplus for Peak Season Employees is 118.88 EHCs and the surplus for Seasonal Employees is 285.59 EHCs for the 2017-2018 Peak Season.

Total Number of Employees for Employee Housing Calculation 2,585.30

Total EHCs Allocated to Peak Season Employee Housing 1,153.00 Number of EHCs Required for Peak Season Employees 1,034.12 Surplus of EHCs for Peak Season Employees 118.88

Total EHCs Allocated to Seasonal Employee Housing 1,006.00 Number of EHCs Required for Seasonal Employees 720.41 Surplus of EHCs for Seasonal Employees 285.59

9 | Page

December 5, 2018

Don Reimer, P.E., AICP Planning Director Summit County Planning Dept. County Commons 0037 Peak One Dr.; SCR 1005 Frisco, CO 80443

Subject: Review of Keystone PUD Employee Generation Rates; EPS #183120

Mr. Reimer:

Economic & Planning Systems (EPS) has completed a peer review of the “Study of Employee Generation Rates” prepared by RRC Associates dated August 8, 2018 and revised August 24, 2018. This letter provides our findings and recommendations regarding the RRC Report. Overall, we find that the RRC Report meets professional standards for housing and economic impact analysis. However, we identified a minor calculation error that will require the report to be revised as described in this Letter.

EPS is an economic consulting firm with offices in Denver, Colorado and Oakland, Sacramento, and Los Angeles, California. The firm has a broad practice in real estate market and financial feasibility, housing policy and development, public finance, fiscal and economic impact analysis, and land use policy. EPS has extensive experience in affordable housing studies, plans, and strategies and has completed numerous projects in mountain resort areas in Colorado and other Western states.

RRC was contracted by Vail Resorts to conduct this update to the employee generation study required in the Keystone PUD. The study is required to be updated every three years, and RRC has prepared each study since 2001

Methodology The purpose of the RRC Report is to estimate the number of full time equivalent jobs (FTEs) in the Keystone PUD to comply with an affordable housing mitigation requirement within the PUD. The RRC Report estimates total FTEs generated by the retail and food and beverage, hotel/lodge and condominium, and single family home components of the PUD. Keystone PUD Employee Generation December 5, 2018 Page 2

Retail and Food and Beverage RRC used a survey of businesses in River Run and Lakeside Village areas to estimate FTEs per 1,000 square feet. Thirty businesses were invited to participate in the online survey and 14 responded (46 percent response rate). RRC followed up with multiple telephone and email reminders to the non-respondents but was not able to generate any more responses. EPS has also conducted employee surveys and can confirm that the response rate is somewhat beyond the consultant’s control. We are not aware of any legal requirements for businesses to participate in these types of surveys or other mechanisms in the PUD by which to require participation in the survey. RRC supplemented the survey data with information from the 2017-2018 Annual Keystone Employee Housing Report and was able to add 12 businesses to the dataset.

RRC makes appropriate adjustments for multiple job holders to convert jobs from the survey to employees, as many employees in mountain resort areas hold multiple jobs. RRC estimated 1.22 jobs per employee using data from the 2013 Summit County Workforce Housing Needs Assessment which included a countywide survey of socioeconomic conditions. Overall, the we judge the methodology used to be sound given the limitations on available data.

EPS identified a minor calculation discrepancy on page 3 where the final Retail/F&B employee generation rate is calculated. RRC estimated 3.63 employees per 1,000 square feet from the data. On its own, this is a reasonable estimate of employment density in commercial space. RRC used the simple average of 2.92 employees per 1,000 square feet for retail and 4.33 per 1,000 for food and beverage. However, there are more food and beverage establishments in the sample suggesting to EPS that a weighted average calculation should be used. As shown below, the resulting employee generation rate would be 3.76 per 1,000.

(11 X 2.92) + (16 X 4.33) = 3.76 27

Retail Food and Totals and Beverage Averages

Establishments 11 16 27

FTEs per 1,000 Sq. Ft. 2.92 4.33 3.63

Weighted Average 3.76

Hotel/Lodge and Property Management The FTE generation rates for hotels/lodges and managed condominiums were calculated from data provided directly by the Keystone Human Resources Department. Keystone HR provided the number of hotel rooms and managed units in their portfolio and the number of employees associated with each property type. RRC calculated 0.37 employees per hotel or lodge room and 0.29 employees per managed condo/home. RRC compared these results to data from numerous other housing studies they completed in mountain resort areas and found the Keystone generation rates to be lower as it is a comparatively lower cost and more limited service housing and lodging market than the areas in their database.

183120 EPS Peer Review of Keystone PUD Housing Analysis.docx Keystone PUD Employee Generation December 5, 2018 Page 3

Single Family Homes The PUD also requires Keystone to mitigate employees generated by single family homes. RRC did not directly survey single family homes in Keystone. We assume this was due to constraints such as sample size, cost, and logistics of contacting homeowners. To estimate the single family FTE generation, RRC uses a “Merged Database” it has assembled over nearly 30 years of housing and socioeconomic survey work in the mountain west. RRC states that the employee generation rates for single family homes are consistent across each area surveyed. RRC concludes that the current 2018 FTE generation rates are within one to two one-hundredths of the rates in the 2013 study. For example, the current FTE generation rate for a 2,000 to 3,999 square foot home is 0.13 FTEs compared to 0.15 in 2013, an insignificant difference in EPS’ opinion.

Conclusions Overall, in EPS’ opinion the RRC Report uses the best available data to estimate the current employee generation rates in the Keystone PUD. We do recommend that the minor calculation issue be revised, and the report re-submitted.

Sincerely,

ECONOMIC & PLANNING SYSTEMS, INC.

BRIAN DUFFANY EXECUTIVE VICE PRESIDENT

183120 EPS Peer Review of Keystone PUD Housing Analysis.docx KEYSTONE RESORT PLANNED UNIT DEVELOPMENT DESIGNATION

This Planned Unit Development Designation, to be known as Keystone Resort approved the 27th day of March, 1995, by the Board of County Commissioners of Summit County, Colorado, is hereby revised this 12th day of March, 201922nd day of May, 2017. This designation establishes the general uses which shall be permitted on the Property, a general development plan and a statement of development guidelines and conditions which must be adhered to by Keystone/Intrawest L.L.C. and its successors and assigns, who is owner and developer, and is hereinafter referred to as the "Owner/Developer." This designation also specifies improvements which must be made and conditions which must be fulfilled in conjunction with this designation by the Owner/Developer. This Planned Unit Development Designation applies to certain real property located in Summit County and described in attached Exhibit A, hereinafter referred to as the "Property."

A. PERMITTED USES AND DEVELOPMENT PLAN

Use and development of the property shall be in accordance with the specific requirements of this PUD Designation and substantial compliance with the Development Plan attached hereto as Exhibit B, definitions attached as Exhibit C, and the following goals and objectives:

Goal: To preserve the natural environment while promoting a responsible, high quality community growth plan.

Objectives: To provide clustered and multi-use developments to maximize open space and provide for efficient use of urban services.

To provide a variety of open spaces both between and within development.

To preserve existing landscape features, trees, and other vegetation where possible and replace vegetation when necessary to provide buffers and screening for development.

To insure all development complies with Architectural Guidelines with emphasis on harmony and compatibility of architecture, landscaping and other design elements.

To consider visual impact of development from all perspectives including existing roads, trails and developed areas.

To manage development activity within the constraints of natural land features and other natural elements.

To work with the US Forest Service, Summit County, and the Town of Montezuma to provide better management of back country uses along with additional recreational support facilities and education for users of the back country.

Goal: To meet the housing requirements of employees who work within the Planned Unit Development and who work within the adjacent resort operation.

Objectives: Provide a diversity of employee housing types ranging from shared units to single family homes.

Provide diverse locations for employee housing.

Provide the employee housing by arranging for planning, financing, constructing and managing of all employee housing units.

Keystone Resort PUD Approved March 12, 2019May 22, 2017 Page 1 of 48

Goal: To preserve historical sites and features which are significant and irreplaceable evidence of the past.

Objectives: Coordinate with the Summit Historical Society and appropriate state and federal agencies in providing for preservation, identification and interpretation of historical sites.

Goal: To protect, maintain and enhance wildlife and its habitat in the Snake River Valley.

Objectives: To create a balance between resort development and wildlife protection that provides the maximum amount and variety of wildlife possible in a resort environment.

To establish and maintain environmental management and education programs to promote stewardship.

Goal: To protect Lake Dillon water quality as a result of drainage from the Planned Unit Development and protect the ambient air quality in the Snake River Valley.

Objectives: To provide phosphorus mitigation for future development projects in the Planned Unit Development through various management and design techniques.

To meet or exceed the requirements of the National Ambient Air Quality Standards through use of restrictions or management and design techniques.

Goal: To enhance the quality of the experience of the residents and visitors in the Keystone Valley by providing and maintaining an efficient, safe, and pleasant transportation system for travel to, from and within the Planned Unit Development.

Objectives: To insure that US Highway 6 provides good regional accessibility to and from the Planned Unit Development as well as a high level of service within the resort.

To enhance the visitor arrival experience and traffic flow by providing sequenced information to arriving guests and skiers to assist them in finding their destination.

To ensure that all intersections on Highway 6 operate efficiently with the minimum amount of congestion and delay as possible.

To provide sufficient parking for skiers, visitors, and employees at locations that are convenient and that have easy, safe accessibility.

To minimize removal of trees when constructing roads in forested areas.

To provide roads that are consistent with the higher concentration of development that will occur in the higher density areas of River Run Village and the Mountain House neighborhood.

To provide an attractive alternative means of transportation for residents and guests, so the personal automobile is not the primary means of transportation within the resort.

To provide convenient, quality and continuous pedestrian access within Keystone Resort as well as accessibility to the extensive regional trail system to other points in Summit County that is pleasant and inviting for pedestrian users.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 2 of 48

1. Permitted Uses and Conditional Uses

The permitted uses are expressed in terms of actual units and equivalent units as defined in the Snake River Basin Master Plan and Summit County Land Use and Development Code and as shown below. The parcels are identified in Exhibit B of this document.

Unit Type Actual Units Equivalent Units Single family dwelling one unit 2.5 units Duplex dwelling one unit living space sq. footage/1,400 Townhouses one unit living space sq. footage/1,400 Multi-family/condo one unit living space sq. footage/1,400 Hotel/lodge one unit 1/3 of a unit Divisible room (lock-off)* one room 1/3 of an actual and equivalent unit Commercial n/a 1,000 sq. ft./unit *Divisible rooms may contain a wet bar.

Neighborhood Acres Permitted Uses and Density

Ski Tip 173.5

Parcel A Parcel A has been removed from the PUD

Parcel B 19.5 Multi-family and single family residential. Actual units not to exceed 26 single family and 66 multi-family units. In no event shall the total number of equivalent units exceed 131.

Parcel C 20.3 Multi-family and single family residential. Actual units not to exceed 18 single family and 89 multi-family. Equivalent units not to exceed 193. Any excess density on this parcel shall be allocated to the Alders Density Bank for use as further described below.

Parcel D 13.5 Multi-family residential development. Actual units not to exceed 36. Equivalent units not to exceed 26.5.

Parcel E 12.2 Multi-family residential development and the lodge and commercial uses associated with the Ski Tip Ranch Lodge. Actual units not to exceed 50 multi-family, 8 lodge, and 2,200 square feet of commercial space. Equivalent units not to exceed 57.3.

Parcel F 10.0 Single family residential development, Actual units not to exceed 14. Equivalent units not to exceed 35. Community support and resort support uses are also permitted only within Tracts C and D, a Replat of Settler’s Creek #3, and are limited to a Snake River Water District pumphouse, a telecommunications building. A mail box kiosk station adjacent to the pumphouse is also permitted on Tract C and D.

Parcel G 98 Open space, ski trails, ski lifts, interpretive facilities and recreation trails.

Parcel H 8.4 Day skier parking lot and off-site snow storage. Resort support & community support structures limited to public restrooms, a bus shelter, parking attendant booth, entrance gate(s), and storage facilities for the Snake River Water District, the Keystone Neighborhood Company, and Keystone Resort. A maximum of three detached buildings, all of which are not to exceed 6,000 square feet of cumulative floor area are allowed on this parcel. All buildings shall have an architectural style and use exterior materials similar to the resort support buildings already in Parcel F of the Ski Tip Neighborhood, including but not limited to the use of natural materials and natural colors. See Exhibit Q for examples of appropriate building elevations and architectural style. The use of Parcel H for construction staging is expressly

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 3 of 48

prohibited, but is permitted as parking for Employees, guests and construction workers. Parking for Resort Special Events is a permitted use. Public restrooms to provide service to the Parcel H Parking Lot shall be constructed concurrent with the first resort support building.

Ski Tip Conditional Uses

Parcels B, C and F Caretaker units only within single family residences, subject to the caretaker unit provisions of the Development Code and the specific provisions of Section B.25 of this PUD Designation.

River Run 73.7 Permitted Uses and Density

Parcel A 29.0 Mixed Use, multi-family, lodge and commercial space in a predominantly pedestrian oriented village environment. Resort support uses including transit center, skier information services, parking lots, lift ticketing offices, resort operation offices, the existing floor area of 10,500 sq. ft. of the skier cafeteria as of the date of this designation, ski lift terminals, child care facilities, conference/meeting space, nature center, chapel/community hall theater/library and other public areas. Actual units not to exceed 1074.33 multi-family, and 112,000 sq. ft. of commercial floor area. Equivalent units not to exceed 1186.33. The sprung structure, located on Lot 3A, Base I at Keystone, shall be removed within six months of the issuance of a certificate of occupancy for any suitable commercial development on the One River Run site (Lot 4A, Base I at Keystone, Filing No. 2), or within ten years of the modified site plan approval for such sprung structure (PLN12-081 approved December 20, 2012), whichever occurs first. After the removal of the sprung structure, the site shall be restored back to its original condition, or a condition otherwise approved by the Planning Department by July 15 of the following year.

Parcel B 3.5 Multi-family residential. Not to exceed 51 actual units or 51 equivalent units. The site plan for development of this parcel must demonstrate that it will not interfere with skier egress from the mountain.

Parcel C 4.7 Multi-family employee housing units and multi-family residential units. Not to exceed 25 actual employee housing units, and 33 actual multi-family residential units, not to exceed 59 equivalent units. Resort support uses limited to a parking lot. Any excess density on this parcel shall be transferred to the Alders Density Bank for use as described below.

Parcel D 36.5 Open space, recreation trails, ski trails and ski lifts.

Mountain House 88.4 Permitted Uses and Density

Parcel A 5.3 Open space, wetlands park and associated interpretive facilities, public transit and recreational trails.

Parcel B 20.6 Multi-family residential, lodge and limited commercial development. Resort support uses including the Snake River Clinic, helipad, theme pool and related recreational facilities, parking lots, ski lifts, lift ticketing offices, skier services facilities, resort operations offices, transit center and snow making pump station. Equivalent units not to exceed 453. Actual units not to exceed 439 multi-family and 14,000 sq. ft. commercial floor area.

Parcel C 27.8 Multi-family residential, lodge and limited commercial development. Resort support uses including ski lifts, lift ticketing offices, skier services facilities, the

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 4 of 48

existing floor area of 20,500 sq. ft. of the skier cafeteria as of the date of this designation, child care center, ski school, resort operations offices, parking lots, and transit center. Not to exceed 479 equivalent units. Actual units not to exceed 445 multi-family and 34,000 sq. ft. commercial space.

Parcel E 12.1 Open space, wetlands park, interpretive facilities, public transit and recreation trails.

Parcel F 22.6 Open space, wetlands park, interpretive facilities, public transit and recreation trails.

Lakeside 279.5 Permitted Uses and Density

Parcel A 75.6 Multi-family residential, lodge, commercial and employee restricted units. Resort support uses including conference center, cultural campus facilities, transit center, fire station, parking lots, vehicle maintenance facility and warehouse and purchasing facility. Not to exceed 188 equivalent units. Not to exceed 300 actual lodge, 73 actual multi-family, 220 actual employee restricted and 15,000 sq. ft. actual commercial.

Parcel B 6.6 Multi-family residential not to exceed 65 actual or 65 equivalent units.

Parcel C 30.8 Mixed use, multi-family residential, lodge and commercial space. Resort support uses including transit center, conference facilities and resort operations offices. Actual units not to exceed 160 lodge, 321.33 multi-family units and 53,333square feet commercial space. Equivalent units not to exceed 430.2.

Parcel D 9.2 Multi-family residential. Not to exceed 72.67 actual or 70.5 equivalent units.

Parcel E 35.2 Multi-family and single family residential, employee restricted residential. Not to exceed 17 actual single family and 282 actual multi-family units. Equivalent units not to exceed 325. 16 employee units (Keystone Gulch)

Parcel F 21.2 Multi-family residential. Not to exceed 182 actual or 182 equivalent units. Existing resort support offices.

Parcel G 34.4 Multi-family residential, multi-purpose recreational and training facility (includes 1,500 sq. ft. commercial) and special events. Resort support limited to a parking lot. Actual units not to exceed 122 multi-family units. Equivalent units not to exceed 123.5.

Parcel H 11.3 Commercial and employee units. Resort support uses including resort operations and offices. Not to exceed 150 employee units and 9,500 sq. ft. commercial space. Equivalent units not to exceed 9.5 (nine and one half).

Parcel I 48.4 Open space, wetlands park interpretive facilities, public transit and recreation trails.

Parcel J 6.8 Open space.

Old Keystone 342.0 Permitted Uses and Density

Parcel A 58.0 Single family, multi-family residential dwellings. Actual units not to exceed 88 single family and 15 multi-family units or 235 equivalent units and 1,200 square feet of commercial space.

Parcel B 26.8 Single family residential dwellings. Actual units not to exceed 32 single family units. Equivalent units not to exceed 80 units.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 5 of 48

Parcel C 41.2 Single family, multi-family (designed into the golf course clubhouse) and commercial development (related to golf, cross-country skiing and western center only). Resort Support facilities including central reservations and information center, golf related uses and the cross-country center. Actual units not to exceed 66 single family units, 8,800 sq. ft. commercial space and 10 multi-family units. Not to exceed 183.8 equivalent units.

Parcel D 216.0 Open space, golf course and golf support facilities, golf course maintenance and storage facility, cross country ski trails and non motorized recreation trails.

Wintergreen 61.7 Permitted Uses and Density

Parcel A 28.4 Commercial 2,000 sq. ft., not to exceed 2 equivalent units, and 243 actual Employee Housing Units. Resort support uses including resort operations and offices. Child- care, community facilities and other public areas. (Parcel A now encompasses former Parcels A, B and C)

Parcel D 8 Open space, Elementary school site, 66 actual multi-family employee-restricted ownership residential units.

Parcel E 25.3 Open space

Old Keystone Conditional Uses

Parcel B and C Caretaker units, subject to the caretaker unit provisions of the Development Code and the specific provisions of Section B.25 of this PUD Designation.

PUD –wide Density Bank The Owner/Developer reserves 14 actual single family units, which equates to 35 equivalent units of density, in a “bank” for future use in either a rezoning process or to transfer in accordance with the requirements listed in Section A.3 below. During any rezoning to transfer the banked density, the locations(s) and the type(s) of units (single family and/or multi-family) shall be determined. The Owner/Developer may convert the equivalent units to multi- family units during the required rezoning. Such density will have to be approved on a site in a rezoning per the applicable criteria of the Development Code, and the mere existence of this reserved density does not provide any warranties that a future rezoning will be approved by the County. The density transfer provisions of Section A.3 do not apply to the density allocated to the density bank, so long as the density is not being transferred to an existing development parcel with the PUD as of June 24, 2002. If the Owner/Developer requests to transfer the density to an existing development parcel, it may do so per the provisions of Section A.3, or process a PUD modification to effect the transfer.

Alders Density Bank All excess density from Ski Tip Parcel C or River Run Parcel C shall be transferred to the Alders Density Bank which is created herein, at the conversion rates specified in Section A.1 of this PUD. Density in this bank may be transferred to other parcels within the PUD in accordance with the density transfer provisions in Section A.3, and may be used to provide, facilitate or incentivize employee housing developments within the PUD. Such density in shall be controlled by the County. Density in this density bank may also be transferred outside of the PUD boundaries to other locations within the Snake River Basin solely for the purpose of incentivizing or facilitating affordable workforce housing developments, and only with approval of the Board of County Commissioners.

2. Total Units

Subject to the provisions of Section A(3) below, the following table describes the total number of actual and equivalent units initially permitted within the boundaries of the PUD by the original PUD adopted on March 27, 1995:

Unit Type Actual Units Equivalent Units

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 6 of 48

Single family dwelling 198 495 Multi-family dwelling 3,503 3,503 Hotel/Lodge 860 287 Commercial 382,000 382 Total 4,561 4,667

Subject to the provisions of Section A(3) below, the following table describes the total number of actual and equivalent units, as amended, permitted within the boundaries of the PUD, unless a density transfer occurs in accordance with the provisions shown in Section A(3) below. In no event will the total number of actual units within the Property exceed 4,561 as originally approved:

Unit Type Actual Units Equivalent Units

Single family dwelling 274 685 Multi-family dwelling 3602.13 3543.13 Hotel/Lodge 468 156 Commercial 253,533 253.53 Total 4344.13 4637.66

The amended totals of actual and equivalent units for each parcel and neighborhood are shown in Exhibit M-1, M-2, M-3, M-4, M-5, M-6, M-7, M-8, M-9, M-10, M-11, M-12, M-13, and M-14.

Under the provisions in this PUD as adopted in March 1995, the Owner/Developer was not permitted to construct more than: (a) a total of 4,246 actual units within the boundaries of the PUD unless there was a transfer of density in accordance with the provisions listed in Section A(3) below, or; (b) 586 actual units within the Mountain House Neighborhood unless there was a transfer of density in accordance with Section A(3) below.

As amended, the total number of actual units approved within the boundaries of the PUD is 4,344.13 unless there is a density transfer in accordance with Section A(3) below. In addition, the Owner/Developer has administratively transferred 19.5 (5 from Elk Run) equivalent units to the Mountain House Neighborhood per Section A(3) below, and has transferred 17 actual and equivalent units from Mountain House to River Run. Therefore, the Owner/Developer is not permitted to construct more than 588.5 actual units in the Mountain House Neighborhood unless there is a density transfer in accordance with Section A(3) below.

After a multi-family building has received a certificate of occupancy, individual property owners within the boundaries of the PUD may request additional living space or floor area within the existing building footprint (exterior wall to exterior wall, including deck space, attic space and crawl spaces), except for new building projections, such as bay windows and dormers. Such modifications shall not exceed the maximum number of equivalent units allowed in a neighborhood or increase the original approved individual unit floor area by more than 10%, and have a letter of permission from the Owner/Developer. Such additions shall also: (a) be compatible with the overall building design; and, (b) provide architectural interest.

3. Density Transfer

The Owner/Developer shall be permitted to transfer densities in the following manner:

1. Owner/Developer may transfer additional density into the Mountain House Neighborhood from property outside the boundaries of the PUD but within the boundaries of the Snake River Basin (as defined in the Snake River Basin Master Plan dated October 21, 1994). The BOCC determines that all parcels within the Snake River Basin shall constitute a unit for planning purposes. Parcels shall meet all requirements of Section 14101.02 (F) of the Land Use and Development Code. Any transfers shall occur in accordance with any applicable provisions of the Summit County Development Code at the time such transfer occurs.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 7 of 48

No transfer shall be credited unless and until it is approved as meeting all applicable criteria of the Summit County Development Code by the Board of County Commissioners. The Snake River Planning Commission shall review any transfer in accordance with all applicable provision of the Land Use and Development Code. 2. Owner/Developer may transfer additional density into the Mountain House Neighborhood from other neighborhoods within the PUD. 3. Owner/Developer may transfer densities between the parcels contained within each neighborhood of the PUD, on the condition that the transfer of density shall not cause the total density of the receiving parcel to increase by more than five percent (5%) of the total number of equivalent units for the receiving parcel. The 5% cap only applies to administrative transfers and does not apply to transfers of density approved by the County in conjunction with amendments to the PUD Designation. With respect to the administrative transfers of density, the 5% cap shall be calculated using original densities approved under the original PUD adopted on March 27, 1995, as shown in Exhibit M. 4. In no event shall the total number of actual units in the PUD exceed 4,343, or the total number of actual units in the Mountain House Neighborhood exceed 901 as a result of the transfers described above, unless the permitted equivalent units are converted to actual units. 5. Prior to or concurrent with any development reviews in the PUD by the County, the Owner/Developer shall indicate in writing the intent to transfer development rights. However, the Owner/Developer reserves the right to transfer density from a site after development review if units or lots are combined, resulting in fewer actual units. Such transfers shall be indicated in Exhibit M as a minor amendment within six months of the transfer of density. 6. Density from the Alders Density Bank may be transferred outside of the PUD to other areas within the Snake River Basin solely for the purpose of facilitating or incentivizing affordable workforce housing developments, and only following approval of the Board of County Commissioners.

B. DEVELOPMENT STANDARDS

1. The following building height and setback standards shall apply on an area by area basis:

River Run

Building Height (as defined in the Uniform Building Code)

Parcel A 58 feet Parcel B 58 feet Parcel C 38 feet

The River Run Village roof forms are to reflect the patterns of historic small sized Colorado towns. The three prominent historic characteristics are: * a mixture of steep gable roofs and flat roofs * gable roofs typically pitch as 12:12 * lower gable and shed roof forms occur at building ends and to mark side entrances The steep pitch is an important design feature but adds height to the portion of a building with a gable roof. A flatter pitch, such as characteristic of a Bavarian style building has a pitch of 6:12 or flatter. The River Run Village development intentionally adheres to the use of the historically appropriate steeper pitch.

Flat roof portions of buildings may not exceed 40 feet. Heights are to be measured from grades established by the overall drainage site plan. Three architectural features, which are major chimneys, church spires, clock towers, may exceed the maximum heights by a maximum of 20 feet for architectural variety and interest, subject to the finding at the time of site plan review that such change is compatible with the surrounding development. Building heights for development areas west of Keystone Road and east of the convenience shopping cluster shall not exceed 58 feet.

One building within Parcel A, the Keystone Hotel, is permitted to exceed the general village heights.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 8 of 48

One center high ridge line may be 85 feet above the elevation of the auto court (94 feet above average site elevation). One building within Parcel B is permitted to exceed the maximum height of 58 feet but shall at no point on the structure exceed 78 feet. The building must step downward to lower heights at the east and west end. The building on Lot 4A of the Base 1, Filing #2, 5th Subdivision Exemption Plat may be 62 feet in height, as defined in the Uniform Building Code , to allow the bottom floor of the facades of the of the project facing the skier plaza and Snake River full exposure to adjacent grade. The building on Lot 4A of the Base 1, Filing #2, 5th Subdivision Exemption Plat shall incorporate a one-story building element adjacent to the skier plaza (encompassing the majority of the southwest building façade where it is adjacent to the skier plaza) so that there is not a tall wall rising up without any building articulation. This element is to provide for a “human scale” to the façade and help to bring down the perceived height.

Setbacks

From Distance Montezuma Rd. 50 feet from edge of right-of-way Wetland boundary Specific wetland setbacks for this neighborhood are shown on Exhibit N-1. The wetland setbacks and buffer zones shown on Exhibit N1 may be either increased or decreased during a development review based on recommendations in the attached Exhibit F so long as such changes are evaluated per Section B (12), Wetlands and Wetland Setbacks. Snake River/North Fork 25 feet from edge of bank Ski Lifts 20 feet from the vertical plane of the haul ropes and conforming to all air space requirements of the Colorado Tramway Safety Board, as may be amended from time to time. East Keystone Rd 25 feet from edge of right of way Internal roads 10 feet from edge of right of way USFS property line 10 feet Private property lines Parcels A and B: 25 feet Parcel C: 15 feet

Sprung Structure Requirements

The sprung structure, located on Lot 3A, Base I at Keystone, shall be removed within six months of the issuance of a certificate of occupancy for any suitable commercial development on the One River Run site (Lot 4A, Base I at Keystone, Filing No. 2), or within ten years of the modified site plan approval for such sprung structure (PLN12-081 approved December 20, 2012), whichever occurs first. After the removal of the sprung structure, the site shall be restored back to its original condition, or a condition otherwise approved by the Planning Department by July 15 of the following year.

Ski Tip

Building Height (as defined in the Uniform Building Code)

Parcel B 48 feet Parcel C 42 feet for multi-family Parcel C 35 feet for single family lots Parcel D 35 feet Parcel E 35 feet Parcel F 35 feet Parcel H 28 feet

Setbacks

From Distance

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 9 of 48

Montezuma Rd 50 feet from right of way, except Parcel F, which has a 30 foot setback from the right-of-way, and Parcel H, which has a building setback of 120 feet1 and a parking area setback of 40 feet. Independence Rd Parcels A and B: 25 feet from right of way Parcel C: Residential Units: 10 feet from right of way to building structures and appurtenances (overhangs, decks, etc) and 18’ from right of way to garages facing roads Dumpster Enclosures: 0 feet from right of way for fully enclosed dumpster structure Internal roads 10 feet from right of way Wetlands Specific wetland setbacks for this neighborhood are shown on Exhibit N-2 and N-3. The wetland setbacks and buffer zones shown on Exhibit N-2 and N-3 may be either increased or decreased during a development review based on recommendations in the attached Exhibit F so long as such changes are evaluated per Section B(12), Wetlands and Wetland Setbacks. Snake River 25 feet from edge of bank USFS property 25 feet, except for Parcel H, which has a 10 foot setback from the adjoining National Forest property. Other private property outside the boundary of PUD: 25 feet Single family Lots (Must still comply with setbacks listed above if more restrictive) Front Setback 15 feet with 19 feet in front of garage doors facing roads Side Setback 10 feet Rear Setback 15 feet Parking Area on Parcel H 40 feet

Mountain House

Building Height (as defined in the Uniform Building Code)

Parcel A 48 feet Parcel B 48 feet with one primary structure Parcel C 48 feet with one primary structure

Setbacks

From Distance Keystone Road 25 feet from right of way Wetlands 25 feet minimum buffer zone on each side of delineation boundary, 100 foot total buffer zone. These setbacks may be increased based on recommendations in attached Exhibit F. Snake River 25 feet from edge of bank Ski Lifts 20 feet from the vertical plane of the haul ropes and conforming to all air space regulations of the Colorado Tramway Safety Board as may be amended from time to time. USFS Property 10 feet Other private property 25 feet

Lakeside

Building Height (as defined in the Uniform Building Code) Parcel A 58 feet (except existing conference center)

1The permitted gate(s) and parking attendant booth to the parking area on Parcel H can be within the required setback so long as such structures are on KRED or VSR property and not in the Montezuma Road Right-of-Way.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 10 of 48

Parcel B 58 feet Parcel C 58 feet Parcel D 48 feet Parcel E 35 feet Parcel F 35 feet Parcel G 35 feet; special feature (water jump in-run), 65 feet measured from existing grade to the highest point, excluding railings. Notwithstanding the foregoing, structural components consisting of tent pole supports or other similar structural components for a new building within Parcel G may exceed the building height limit by up to a maximum of 20 feet, subject to the finding at the time of site plan review by the Planning Commission that such height is deemed necessary for the proper support of the building. Parcel H 35 feet

Fence Heights & Type

Parcel G 14 feet maximum height for the tennis & court sports provided: (i) a chain link type of fence is used, unless an alternative fence type is approved by the Planning Department; and (ii) such fences are sited immediately around the tennis or other sport area.

Wind-breaking material with graphics may be used on the fences, provided that such graphics: (i) do not completely block the visibility of the facility from Highway 6; (ii) depict graphic design; (iii) are in accordance with the Keystone Sign Program and, (iv) are not signage for the any facility on the site unless such signage is permitted by the Keystone Sign Program.

Setbacks

From Distance Highway 6 50 feet from right of way, except on Parcel G, where the setback is 15 feet from the right-of-way for: (i) one sculpture; and, (ii) reconstructing outdoor sport courts on and between existing tennis court encroachments, provided any sports courts have landscaping plan along the highway reviewed and approved by the County. Aerial Training Jump 160’ from the northern property line 260’ from the Highway 6 ROW 240’ from the eastern property line 50’ from the western property line Internal Roads 25 feet from right of way Wetlands 25 feet minimum buffer zone on each side of delineation boundary, minimum 100 foot total buffer. Parcel A on the north side of Highway 6 shall have a minimum setback of 200 feet from the delineation boundary along the willow carr at the eastern side of the parcel. Other wetland setbacks shall be consistent with the provisions stated above. These setbacks may be increased at the site plan stage based on recommendations in the attached Exhibit F. Snake River 25 feet from edge of bank USFS property line 25 feet Other private property 25 feet Quicksilver Commercial Site, Parcel H 15 feet to Tennis Club Road only for the northeast corner of any canopy over gas station pumps, provided landscaping with taller trees at the dripline of the canopy shall be provided using large trees to reduce the impacts of the setback encroachment, with such canopy to be reviewed and approved by the County during the required site plan review. The visual impacts of a service

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 11 of 48

station (a/k/a gasoline station) canopy shall be minimized by: (a) using screen lights under the canopy and minimizing the number of lights to reduce off-site glare due to reflections off of the pavement; (b) using a low profile section for the canopy itself, with the maximum depth of the canopy cross section being no greater than 24 inches; and (c) by using muted natural colors; (d) breaking up the mass of the canopy area by stepping it or by dividing it into a set of smaller individual canopies. Service station canopies shall meet the other applicable provisions of this PUD Designation; and (e) the prohibition of corporate logos or any other form of advertising on the canopy.

For single family residential lots that were platted prior to March 27, 1995, building setbacks shall be determined using the following statement from the Base III PUD, which was the governing document prior to the adoption of this PUD designation: “Building heights, yard setbacks and architectural control shall be regulated by the Keystone Architectural Review Committee and the County Planning Department. Building heights and setbacks shall be established and approved as part of the County site plan process. All building designs shall be appropriate for a mountain resort with scale and character appropriate for a mountain environment.

Old Keystone/Wintergreen

Building Height (as defined in the Uniform Building Code)

All parcels within Old Keystone Neighborhood 35 feet

All parcels within the Wintergreen Neighborhood 48 feet

Setbacks

From Distance Highway 6 50 feet from right of way Wintergreen Parcel D: 50 feet from right of way to primary structure, 40 feet from right of way to decks, patios and roof overhangs Internal roads 25 feet from right of way, except for that portion of Tract A of the Old Keystone Golf Course Subdivision (Welcome Center) which shall be 10 feet along the frontage of CR154 west of the existing power line easement (under Reception No. 80018). Wintergreen Parcel D: 22 feet from edge of concrete pan to face of garage; 10 feet decks and roof overhangs Wetlands 25 foot minimum buffer zone on each side of delineation boundary, 100 foot total buffer zone. These setbacks may be increased at the site plan stage based on recommendations in the attached Exhibit F. Snake River 25 feet from bank Property Lines Wintergreen Parcel D: 10 feet from west and north property lines, 25 feet from east property line

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 12 of 48

2. Bulk of Structures

No part of any new structure (except church spires, clock towers and chimneys) shall project up through bulk limits which are defined by planes extending up over the Montezuma Road and Highway 6 rights of way at an angle of forty-five degrees with respect to the horizontal (a pitch of one foot additional rise for each foot additional setback) and which planes start:  At horizontal lines to the 50 foot setback from the right-of-way lines and pass through points 35 feet above such horizontal lines for Parcel A in River Run Village and Parcels D, and E in the Ski Tip Neighborhood at the maximum height limit above such horizontal lines in each parcel.  For Parcel F of the Ski Tip Neighborhood, at horizontal lines to the 30 foot setback from the right- of-way lines and pass through points 30 feet above such horizontal lines at the maximum height limit above such horizontal lines for the parcel.

3. Parking

A. Residential and Commercial Parking

River Run Village/Mountain House/Lakeside Neighborhoods

Single Family 2 spaces per unit Townhome 2 spaces per unit Multi-Family 1 space per unit Lodge 0.75 space per unit over 51 rooms. Fifty units or less same as multi-family Divisible Room 0.33 space per room Commercial 2 spaces per 1000 sq. ft. (Gross leasable area, GLA) Restaurant 3 spaces per 1000 sq. ft. GLA Employee Units 1 space per unit for units containing up to 3 bedrooms; 1 space per every 3 bedrooms for units containing more than 3 bedrooms

The project on Lot 4A of the Base 1, Filing #2, 5th Subdivision Exemption and other multi-family projects with garage parking elsewhere in the Property may utilize tandem parking (whereby one or more cars are parked behind another car) on the condition that the Owner/Developer shall provide continual valet service for all owners and guests of the project. To ensure this PUD requirement is met, the Owner/Developer shall execute appropriate legal documents, as determined by the County in a form acceptable to the County.

Tandem parking for surface parking behind a garage door may be requested by the Owner/Developer in accordance with Section 3704.06 of the Development Code.

Ski Tip/Old Keystone/Wintergreen Neighborhoods

Single Family 2 spaces per unit Townhome 2 spaces per unit Condominium 1 space per unit Divisible Room 0.33 space per room Commercial 3 spaces per 1000 sq. ft. GLA Restaurant 6 spaces per 1000 sq. ft.

Employee Apartment 1 space per bedroom Employee-Single Family 2 spaces per unit

B. Day Skier Parking Requirements (Parking requirements for skiing, special events, guests, employees and commercial parking)

i. No-net Loss Policy

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 13 of 48

The Owner/Developer shall not allow the number of day skier parking spaces to decrease the number of parking spaces as a result of the development of sites that were used as parking lots during the 2000- 2001 ski season (Prior to the construction of the Tenderfoot Lot). The current number of day skier parking spaces at the resort is shown in Table 3(a) below.

Table 3.Bi Current Day Skier Parking Supply (rounded)

Current Day Skier Parking Spaces Spaces 1 Montezuma Lot 2,000 2 Brown’s Cabin Lot 250 3 Hunki Dori Lot 270 4 Gondola Lot 140 5 Mountain House East Lot 850 6 Mountain House West Lot 400 TOTAL SPACES 3,910

These numbers are based on car counts performed by Keystone during the 2000-2001 ski season, based upon days when parking lots were staffed and actively managed to achieve an efficient parking number during peak periods within the ski season.

ii. Projected Day Skier Parking and Parking Area Locations

The total number of parking spaces, subject to site plan review and consistent with the current Snake River Basin Master Plan, shall be as described in the table below. Owner/Developer may provide day skier parking spaces in the locations described generally on Table 3(B)ii below (and more particularly described on Exhibit D). Owner/Developer may increase or decrease the number of spaces provided, or vehicles parking in, the day skier parking locations described generally on Table 3(b) below (and more particularly in Exhibit D) in Owner/Developer’s sole discretion, provided Owner/Developer provides at least the minimum number of day skier parking spaces that Owner/Developer is required to provide pursuant to the no-net loss policy of this section, and so long as the provisions of this PUD Designation are met.

3(B)ii Projected Day Skier Parking Locations at Build-out

1 Montezuma Lot 2,200 2 Browns Cabin Lot 0 3 Hunki Dori Lot 0 4 Gondola Lot 0 5 Mountain House East Lot 300 6 Mountain House West Lot 0 7 Tenderfoot Lot 970 8 Mountain House Bus Lot 0 9 Powerline Lot 650 TOTAL SPACES 4,120

Note: Table does not include existing Lodge or Lakeside commercial parking, which is not to be used for day skier parking, only for the Conference Center parking and Lakeside employee and guests parking.

A needs analysis for the Parcel H Parking Lot shall be submitted concurrently with the required site plan, with such analysis prepared in consultation with the United States Forest Service, affected interests and other stakeholders (Please refer to Section B.18 in regards to the site plan process for the Parcel H Parking

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 14 of 48

Lot). In addition, a traffic impact analysis shall be submitted concurrently with the required site plan for the Parcel H Parking Lot-Montezuma Road intersection which indicates that the proposed intersection has safe ingress and egress.

The Skiing section of the Technical Appendix provided with the submittal of the Keystone PUD in 1994 (“the Projection”) indicates that a total of 4,125 day skier parking spaces may be required at build-out of the PUD to accommodate commercial, resort support, day skiers, visitors, employee and other non- residential uses. Neither the Projection nor Table 3(B)ii above shall determine the number of day skier parking spaces that Owner/Developer is required to provide; however, the Projection may be used in evaluating a solution to any potential day skier parking deficiency. The number of day skier parking spaces that Owner/Developer is required to provide shall be determined solely in accordance with the provisions of the no-net loss policy of this section, and the requirement to provide sufficient spaces each ski season for day skier parking demands.

iii. Prohibition of Overflow Parking

Parking on County roads within the Keystone PUD is prohibited for day skier parking or for any special events. In no event shall the Owner/Developer direct day skiers or event attendees to park on County roads. Sufficient day skier and special event parking shall be provided for the demands for the resort’s anticipated skier traffic. In cases where Resort staff observes individuals violating this policy, best efforts shall be taken to notify the County Sheriff’s office, which can then determine and take appropriate action.

iv. Parking Studies

The Owner/Developer shall prepare an annual parking study to be provided to the Planning Department no later than September 30th of each year, with such study analyzing parking for the previous ski season. The parking study shall document day skier statistics for the days listed below of the previous ski season. These statistics shall include:

a. number of destination skiers; b. number of day skiers; c. number of employees; d. number of mass transit riders, including but not limited to those arriving by Summit Stage and by charter buses; e. vehicle counts of Day Skier Parking lots broken out by the parking lot; f. the average number of persons per vehicle parked in the Day Skier Parking lots; and g. the number of days cars were parked on County roads if any.

Days Parking Study Shall Be Conducted:

Typical February weekday (2 days) President’s Day weekend (3 days) Typical March weekend (2 days) Typical March weekday (2 days)

If the study indicates that the demand for day skier parking exceeds the amount of day skier parking required by this PUD the Owner/Developer shall recommend solutions to this problem which may include improving utilization of existing lots, increasing the use of mass transit and/or increasing the number of day skier parking spaces. Any proposed changes shall be reviewed by the Snake River Planning Commission and the Board of County Commissioners prior to inclusion as part of this PUD Designation.

v. Parking Lot Design Standards

The construction of any new day skier parking lots or parking structures, shall be reviewed and approved

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 15 of 48

by the County through the site plan review process. The scope of such review shall be confined to ensure compliance with the parking lot design standards set forth within this section, the provisions of this PUD designation and applicable site plan review criteria of the Development Code.

a. Unpaved Day Skier Lots

New unpaved day skier parking lots shall be designed according to this section, the provisions of this PUD and applicable provisions of the Development Code. The design standards set forth in this section supersede and replace all parking lot design standards set forth in the Development Code.

1. May be unpaved. 2. Shall include landscaping, berms, or other means along the perimeter of the lot to mitigate the visual impact to off-site uses. 3. Shall be designed to comply with Section 10, Water Quality/Quantity of this PUD designation. 4. Shall have safe and adequate pedestrian circulation. 5. Shall have adequate circulation for vehicles and emergency vehicles. 6. Shall have a minimum aisle width of 22 feet. 7. Shall have a minimum stall size of 9 x 19 feet. 8. Interior landscaping islands are not required. 9. Maximum grade of 4%, except that the Montezuma Parking Lot may remain at its existing maximum grade of 5.5% provided such a maximum grade is reviewed and approved by the County Engineer to ensure public safety. 10. Shall have handicap parking, signed per the Americans with Disabilities Act 11. On busy days, the Parcel H Parking Lot shall have Keystone Resort personnel directing traffic on Montezuma Road during the peak a.m. and p.m. hours when this parking lots is being utilized to help ensure safe ingress and egress from this parking lot. 12. Keystone personnel shall direct egressing traffic at the Gondola Road-Montezuma Road intersection during the peak afternoon hours on the peak days of the ski season to ensure a Level of Service C or better at this intersection.

b. Parcel H Parking Lot Additional Standards: 1. All lighting fixtures shall be installed to face north, away for Montezuma Rd. 2. No off-site glare is allowed, and a photometric study and lighting cut sheets, and standard heights shall be submitted with the required site plan. 3. Light poles shall be no taller than 16 feet. 4. All lighting shall be timed to go off at 10 PM each night. 5. Gates, as depicted in Exhibit Q, shall be installed to control unauthorized use of this lot. 6. Landscaping along Montezuma Rd. shall be required as shown in Exhibit Q concurrent with the construction of the Parcel H Parking Lot unless a new design is mutually agreed to during the required site plan review (Refer to Section C.5 for more information on landscaping improvements concerning the Parcel H Parking Lot). A fence may also be required by the County, based on public input, so long as the cost of such is offset by a reduction in the amount of landscaping. Landscaping to the north of the Alder’s Subdivision as shown in Exhibit Q shall be installed by October of 2004 concurrent with the completion of that subdivision’s improvements. 7. Concurrent with approval of a site specific development plan and site specific development plan agreement for the Parcel H Parking Lot, the Owner/Developer shall provide for half the cost of the reconstruction of Montezuma Rd., as illustrated in Exhibit Q unless a new design is mutually agreed to during the required site plan review for the Parcel H Parking Lot. 8. Concurrent with construction of this lot, Owner/Developer shall provide for the re-alignment and construction of the Dillon-Keystone recreational path, as shown in Exhibit Q unless a new design is mutually agreed to during the required site plan review for the Parcel H Parking Lot.. 9. Sidewalks from the parking lot and signed crosswalks shall be required at the intersection of Independence Road and to Ski Tip Lodge. 10. Speed limit signs shall be posted as a part of the road improvements. 11. A stick-built restroom connected to central water and sewer service shall be built concurrent with the construction of the first resort support building on Parcel H.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 16 of 48

12. Any trash cans or dumpsters on the Parcel H Parking Lot shall be bear-proof.

vi. Structured Day Skier Parking Lots

New or materially modified Day Skier Parking structures shall be designed according to the design guidelines set forth in this Subsection and applicable provisions of this PUD Designation. The design guidelines set forth in this Subsection supersede and replace parking lot design guidelines set forth in the Development Code regarding similar design issues. Design guidelines set forth in the Development Code regarding design issues not set forth in this Subsection shall also apply to Day Skier Parking structures. Such structured parking lots will meet the following design criteria:

a) Shall be designed using industry standards as approved by the County Engineer. b) Covered or heated ramps shall have a maximum slope of 12% so long as the parking area grade does not exceed 6%. Uncovered parking area ramps that are not heated shall not exceed 6% grade c) Covered parking Areas shall have a maximum slope of 6%; uncovered parking areas shall have a maximum grade of 4%. d) Shall be designed using landscaping buffers around the perimeter of such structures.

vii. Compliance with the County’s Temporary Use Permit Approval

The Owner/Developer shall meet the conditions of the Snake River Planning Commission’s approval of a temporary use permit for certain parking areas dated September 20th of 2001 since these uses are now permitted uses. The Owner/Developer is still obligated to meet these conditions of approval by the time limits stated in the Commission’s resolution of approval.

viii. Outdoor Storage in Certain Parking Lots

a. The Owner/Developer shall be permitted to park and store vehicles, associated trailers, and mechanical and maintenance equipment that are used for resort operations only in the following parking lots:

1) Tenderfoot Parking Lot; 2) Mountain House East Parking Lot; and 3) Mountain House West Parking Lot

b. The use of the Mountain House East and West Parking Lots for outdoor storage shall be contingent upon the provision of landscaped buffering for both such parking lots, with said buffering utilized to effectively screen the outdoor storage area to the greatest extent practicable from the adjacent roadways and the Dillon-Keystone Recreational Path, in accordance with the following standards:

1) Landscaped buffering shall be provided around the entire perimeter of both the East and West Mountain House parking lots, with buffering provided along the Dillon-Keystone Recreation Path when such path is constructed in accordance with the provision of this PUD. 2) Landscaped buffering for the parking lot shall be provided along the East and West Keystone roads concurrent with the reconstruction of such roads in their long-term alignment.

c) No additional landscape buffering is required for the Tenderfoot Parking Lot provided the landscaping required by the County under the site plan is maintained.

d) The Owner/Developer shall be allowed to continue the existing storage of boat trailers from Dillon Marina during the Summer season as a legal non-conforming use subject to the preceding buffering requirements, only in the Mountain House and Tenderfoot parking lots,

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 17 of 48

until such use is abandoned for at least one summer season, at which point in time such use shall be deemed an illegal use due to the commercial nature of such storage. Said allowance shall in no manner be deemed as an allowance for other types of commercial leasing of outdoor storage space on any such parking lots for any purpose.

e) Improvements to accommodate overnight camping in all parking lots are prohibited. Not withstanding the foregoing, overnight camping may be permitted and accommodated on a temporary basis in conjunction with a special event permit for a Resort Special Event.

4. Snow Storage

Snow storage areas shall be provided on each site adjacent to paved areas and other areas to be plowed except as provided for below. The size of these areas shall be equivalent to at least 25% of paved or graveled surfaces on the site, and shall be located to provide convenient access for snowplows. Uphill slopes of 5-10% shall count at 75% of their areas towards this requirement. Uphill slopes of 11-20% shall count at 50% of their area. Steep uphill slopes greater than 20% are not appropriate for snow stacking, and shall not be counted in determining compliance with snow storage requirements.

It is recognized that the more intense urban village areas of River Run, Mountain House and Lakeside neighborhoods may likely not be able to accommodate on site snow storage in the core areas. These areas may incorporate snow melt systems or haul snow to suitable snow storage areas. The snow storage areas shall only be established after a site plan review by the Planning Commission to insure proper detention drainage facilities are in place to protect wetlands, streams and rivers from runoff. Other site suitability issues include compatibility with adjacent land uses, ease of access/central location and visual impact.

5. Architectural Review Committee

An architectural review committee shall be established to review all site plans, building elevations, floor plans and landscaping plans for all development in the Keystone Resort PUD. The architectural review committee shall consist of at least one licensed design professional, one homeowner within the PUD and representatives of the Owner/Developer.

The architectural review committee shall be empowered with the following duties:

1. Implementation of the Keystone Architectural Development Guidelines. 2. Creation and maintenance of a harmonious relationship between structures and site and the relationship between adjacent properties. 3. Promotion of coordination and compatibility of architecture, landscaping and other design elements. 4. Protection of view corridors, sound and sight buffers, access to open space tracts and access to light and air. 5. Assurance of high quality building materials and building techniques. 6. Evaluation of exterior wall and accent colors to insure compatibility with the environment and adjacent development. 7. Review and approval of all signage in conformance with a PUD sign program reviewed and approved by the County.

6. Employee Housing

A. Employee Housing. The Owner/Developer shall be responsible for providing or arranging Employee Housing in accordance with the terms of this Section 6. Employee Housing shall consist of the following types of dwelling units: Existing Employee Housing Units, Seasonal Housing Units, Long Term Rental Units, Employee-Owned Restricted Units, and Wintergreen Employee Housing.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 18 of 48

As used herein, the term "Employee Housing" means any dwelling unit, whether owned, leased or otherwise provided or arranged by either Owner/Developer or “Keystone Resorts, Inc.” (KRI) or any third-party developer, as contemplated under subsection D of this Section 6, (an "Employee Housing Unit"), that meets one of the following criteria:

(i) located in an Existing Employee Housing Project; (ii) encumbered by an Employee Use Restriction that:

(a) restricts the use of such unit from November 1 of one calendar year through April 30 of the next calendar year (or any longer period of each year that includes the period from November 1 through April 30) to use as housing for Employees and Temporary Employees; but

(b) permits the use of such unit from the period from May 1 through October 31 (or any shorter period thereof) of each calendar year by persons who are not Employees or Temporary Employees, on the condition that adequate parking is provided, and that the use complies with all other applicable county codes; or

(c) with respect to Employee Housing Units located in Tenderfoot II and III and other projects receiving a certificate of occupancy after January 1, 2001, permits the use of Employee Housing Units from the period from November 1 of one calendar year through April 30 of the next calendar year (or any longer period of each year that includes the period from November 1 through April 30) by persons who are not Employees or Temporary Employees but who are employed by a business operating within the County, on the condition that the number of beds allocated to such Countywide employees does not exceed twenty percent of the total beds located in Tenderfoot II and III; or (d) With respect to Employee Housing Units located in Tenderfoot I, use of Employee Housing Units from the period from November 1 of one calendar year through April 30 of the next calendar year (or any longer period of each year that includes the period from November 1 through April 30) may be occupied by persons who are not Employees or Temporary Employees but who are employed by a business operating within the County, on the condition that the number of beds allocated to such County-wide employees does not exceed fifty percent of the total number of beds located in Tenderfoot I. This permission shall remain in effect for the 2015/2016, 2016/2017and 2017/2018 Peak Seasons. (e) As soon as reasonably possible after the close of the 2016-2017 season, the BOCC may, at a work session, comprehensively review the impacts of the changes implemented as a result of Resolution 2016-50, approving PLN16-029. As part of the work session, or subsequent thereto, so long as it is sufficiently in advance of the 2017-2018 season to allow implementation, the BOCC may impose additional conditions on the use of such beds for the 2017-2018 season to mitigate any unanticipated impacts from the 2016-2017 season or may terminate the allowance for additional beds if there the unanticipated impacts significantly affect the public health, safety, and welfare and cannot be mitigated through additional conditions.

(iii) encumbered by an Employee Use Restriction in the form attached hereto as Exhibit P-1 or Exhibit P-2 or such other form as may be approved by the Planning Department.

(iii) located in the Wintergreen Employee Housing. Wintergreen Employee Housing includes housing constructed on Wintergreen Parcel A which shall include Wintergreen Long- term Rental Units, Wintergreen Low Income Rental Units and Wintergreen Seasonal Units, as defined in this section.

(a) Wintergreen Employee Housing Requirements.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 19 of 48

(1) Parcel A of the Wintergreen Neighborhood shall be restricted by a covenant with language and in a form that is acceptable to the County and the Owner/Developer and substantially similar to Exhibit P-4 of the PUD. To the extent the provisions of the covenant conflict with any provisions in the PUD, the provisions of the covenant shall govern.

(2) Wintergreen Long-term Rental Units will be initially offered at a maximum of an average rental rate set at the 2017 100% AMI level (or 100% AMI level for the year the units are offered for rent, whichever is greater). In years where AMI is flat or declines, rents may increase annually by the percentage change in the Denver/Boulder CPI and will be capped at an average of 120% AMI. As a matter of practice, the rent levels on the Long-term Rental Units will not have to be reduced if AMI or CPI declines.

(3) If rents are projected to increase as a result of flat or declining AMI’s or if they are projected to increase by more than 4%, the developer of Wintergreen Parcel A (or its successor) will provide 30 days’ notice to the County of the increase along with financial materials supporting the need for the increase. During said 30 day period, Summit County or any Employer may enter into a contract with the developer of Wintergreen Parcel A (or its successor) to maintain current rental levels or reduce the increase by subsidizing the difference between the then-current rent level and the increased rent level up to 120% AMI for a number of units to be determined by Summit County or any Employer.

(4) Wintergreen Long-term Rental Units shall be subject to the Priority Leasing Process, which shall mean: Wintergreen Long-term Rental Units will be initially offered for 10 days to only Employees, Employers and employees of Adjacent Resort Operations. After 10 days, the units may be offered to any Keystone Valley employee or employers working/operating between Swan Mountain Road and the Summit of Loveland Pass and shall include employees working in Summit Cove or at Arapahoe Basin (see map contained in Exhibit P-4). After the 20-day Priority Leasing Period, the units may be offered to any Countywide Employee or Countywide Employer.

(5) In the event that (a) the Wintergreen Low Income Rental Units are not constructed consistent with Low Income Housing Tax Credit (LIHTC) program guidelines and/or are not offered at or below 60% of AMI or (b) the Wintergreen Seasonal Units are not subject to a master lease or other guarantee by an Employer, the units described in (a) and/or (b) may be converted to Wintergreen Long-term Rental Units, which will be required to be offered at the then current AMI affordability targets being offered for the balance of the Wintergreen Long-term Rental Units. Further, in such event, the Owner/Developer and/or developer of Wintergreen Parcel A (or its successor) shall be responsible for transferring Equivalent Units to the property proportional to the number of units in each building type being converted, in a ratio of one (1) Equivalent Units per four (4) units prior to occupancy any converted units described in this paragraph as Wintergreen Long-term Rental Units.

(b) Wintergreen Employee Housing Definitions. The following definitions shall apply only to Wintergreen Employee Housing.

(1) Countywide Employee shall mean: a person who is employed by any individual or business located within Summit County, Colorado, who works at least an average of 30 hours per week on an annual basis. The employee

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 20 of 48

must work a significant percentage of his/her time providing goods and/or services locally in or to Summit County and its residents, whether or not for profit. For individuals claiming self-employment, their business must be based and registered in Summit County, and also a significant and primary percentage of their service or product is provided locally in or to Summit County and its residents.

(2) Countywide Employer shall mean: A person or entity whose principle place of business is located within Summit County, Colorado, provides a significant and primary percentage of their goods and/or services locally in or to Summit County and its residents, whether or not for profit, or a person or entity who employs a Countywide Employee.

(3) Wintergreen Low Income Rental Unit shall mean: A dwelling unit located within Parcel A of the Wintergreen Neighborhood that complies with Low Income Housing Tax Credit (LIHTC) program guidelines and may be leased to a Countywide Employee or other tenant as complies with the LIHTC program. Such unit shall consist of a kitchen, bath, living room and bedrooms and contain a minimum of 250 square feet of living space per bedroom. The unit may be a studio, one, two or three bedroom configuration.

(4) Wintergreen Long-term Rental Unit shall mean: A dwelling located within Parcel A of the Wintergreen Neighborhood and may be leased to a Countywide Employee or Countywide Employer subject to the priority leasing process defined above. Such unit shall consist of a kitchen, bath, living room and bedrooms and contain a minimum of 250 square feet of living space per bedroom. The unit may be a studio, one, two or three bedroom configuration.

(5) Wintergreen Seasonal Housing Unit shall mean: A dwelling unit located within Parcel A of the Wintergreen Neighborhood and may be leased to a Countywide Employee. Such unit shall consist of a kitchen, bathroom, living room and one or more bedrooms. One bedroom may contain up to two (2) occupants and two (2) bedrooms shall contain no more than (1) occupant. Such unit shall contain a minimum of 200 square feet of living space per occupant intended primarily for Seasonal Employees. For any units that contain double occupancy bedrooms, a secure location shall be provided in the units for individual residents residing in double occupancy bedrooms to have the opportunity to secure their valuables.

(c) Following CO of the first long-term rental building, Developer of Wintergreen shall collect data regarding occupancy and employment of occupants via tenant survey at the end of the peak season and via tenant certification at the time of lease or lease renewal. Subsequent to the close of the third peak season following CO of the first long-term rental building, Owner/Developer, Developer, and County shall conduct a thorough review of the data collected in order to determine if the intent of the employee housing requirements is being fulfilled. If it is not, the parties will be obligated to modify the FTE Employee and/or occupancy count methodology.

B. Employee Housing Requirement.

(i) With respect to any Peak Season, the Owner/Developer and/or KRI shall provide or arrange for Employee Housing for forty percent (40%) of the Peak Season, FTE Employees (the "Employee Housing Requirement") based on a comparison of the number of FTE Employees and the

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 21 of 48

number of Employee Housing Unit Credits allocated to existing Employee Housing Units.

(ii) As a part of the Employee Housing Requirement and not in addition to it, for each Peak Season, the Owner/Developer and/or KRI shall provide Employee Housing Units to 60% of the Seasonal Employees on the conditions that:

(a) all of the Employee Housing used to satisfy the 60% requirement must be located within the Keystone Resort Area; and

(b) if Owner/Developer and/or KRI provide or arrange for Employee Housing for more than 60% of the Seasonal Employees, the excess may be located anywhere within the County.

(iii) The Owner/Developer or KRI shall arrange for Employee Housing Units to be located within the Keystone Resort Area for at least seventy-five percent (75%) of the Employee Housing Requirement. Up to twenty-five percent (25%) of the Employee Housing Requirement may be provided by Employee Housing Units located outside of the Keystone Resort Area but within the County. All Employee Housing Units outside the PUD shall meet the spatial requirements of the zoning district, as dictated by the Development Code, in which such units are located.

(iv) To the extent that Owner/Developer or KRI desire to provide or arrange for Employee Housing by creating a new employee housing partnership, joint venture, limited liability company or other entity to develop and/or own such Employee Housing, Owner/Developer or KRI, as applicable, shall consult with one or more Employers of civil servants (including without limitation the County, towns, metropolitan and special districts, and housing authorities) to determine if such Employers desire and are legally permitted to participate in such Employee Housing. If an Employer of civil servants desires and is legally permitted to so participate, Owner Developer or KRI, as appropriate, shall negotiate in good faith to structure an arrangement acceptable to both parties that will allow that Employer to participate. Notwithstanding the foregoing, in no event shall either Owner/Developer or KRI be obligated to allow any such Employer to participate.

(v) As part of the Employee Housing Requirement the Developer of Ski Tip Parcel C and River Run Parcel C shall provide Employee Housing Units as follows:

(a) Six (6) Employee Housing Units on River Run Parcel C or another parcel where employee housing is a permitted use within the PUD to be sold at affordable levels as set forth in this PUD and the Summit County Development Code. The units shall be sold at an initial sales price at an average annual median income level of 100%. These units shall be shall be available for occupancy and offered for sale prior to Developer receiving a certificate of occupancy for the 6th market rate unit on said Parcel C.

(b) Prior to site plan approval for any development on River Run Parcel C, Developer shall propose and enter into a development agreement for a collaborative employee housing project with Summit County within the Snake River Basin, either within the PUD area or outside the PUD area, for no less than 19 units of Employee Housing.

(c) If after August 1, 2016, no such mutual development agreement is entered into as contemplated in part (B)(v)(b) above, Developer may meet its obligation with respect to Employee Housing with a fee in lieu dedication for all market rate units to be built on River Run Parcel C equal to $8.99 per square foot of the residences built. Developer may post a bond for the full value of the fee-in-lieu to be generated at buildout of River Run Parcel C, which may reduced as units are built and the fee-in-lieu is paid for each unit.

(d) All Employee Housing provided under this subsection (B)(v) shall be restricted by a covenant that is acceptable to the County, taking into account the current market conditions and needs for such housing.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 22 of 48

(f) All Employee Housing Units provided under this subsection (B)(v) shall be of a type and quality that is a) consistent with Developer’s proposal dated January 8, 2016 in conjunction with Planning Case #PLN16-005; and b) in accordance with the Summit Combined Housing Authority standards current at the time of site plan review.

C. Annual Report.

(i) On or before September 30 of each year, the Owner/Developer and KRI shall prepare and deliver to the Planning Department a report setting forth the following information (the "Annual Report"):

(a) The average number of Peak Season Full Time Employees, Part Time Employees and Seasonal Employees employed by each of Owner/Developer, The Keystone Neighborhood Company (KNC) and KRI from the previous Peak Season; 2. The average number of FTE Employees for such Employers from the previous Peak Season, and; 3. An estimate of the total number of FTE Employees for such Employers for the upcoming Peak Season. Such averages shall be calculated by averaging the number of Employees employed for all complete pay periods within the Peak Season;

(b) The number of Peak Season Full Time Employees, Part Time Employees and Seasonal Employees employed by Employers other than Owner/Developer, KRI and KNC. KRI shall make it’s best effort to obtain actual employee numbers from such Employers. To accomplish this, KRI shall submit surveys to each Employer and follow up with additional communication to those Employers annually. However, where such Employers do not or cannot submit actual employee numbers, the number of employees associated in operating multi-family, hotel/lodge, retail, food and beverage establishments shall be calculated in accordance with the Employee Generation Rates from the previous Peak Season (no Employees shall be assigned to multi- family, hotel/lodge, retail, food and beverage spaces that are vacant the entire Peak Season);and 2. The total number of FTE Employees for such Employers for the upcoming Peak Season, all as calculated in accordance with the Employee Generation Rates

(c) A description of the Employee Housing provided by Owner/Developer and/or KRI during that calendar year, including the locations of buildings, types of Employee Housing, i.e., Existing Employee Housing Units, Seasonal Housing Units, Long Term Rental Units or Employee- Owned Restricted Unit, and any other information necessary to identify each Employee Housing Unit being provided;

(d) The number of Employee Housing Unit Credits allocated to Employee Housing within the Keystone Resort Area;

(e) The number of Employee Housing Unit Credits allocated to Employee Housing outside the Keystone Resort Area but within the County, along with the square footage of the units associated with these credits; and

(f) An inventory of Employee-Owned Non-Restricted Units, together with the employment status of all owners and all occupants thereof that are Employees.

(g) An accounting of the Development Credits in the Credit Bank as defined and described in Section B.6.D.

(h) Third-party developers shall not be subject to Annual Report requirements upon successfully fulfilling the employee housing obligation identified in the project approval.

Within thirty days following request by the County, the Owner/Developer will provide copies of any and all applicable leases affecting Employee Housing Units, to the extent such leases have not

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 23 of 48

previously been provided to the Planning Dept.

(ii) Credit for Employee Housing Units ("Employee Housing Unit Credits" or "EHC") shall be calculated as follows, on the condition that such units are occupied or available for occupancy by Employees, Qualified Occupants, or employees of Adjacent Resorts Operations as provided herein:

(a) Sagebrush and Sunrise I and III: 1 bedroom = 2 EHC;

(b) Tenderfoot I, II and III: 1 bedroom = 1 EHC;

(d) Hidden River Lodge: 16 units = 30 EHC;

(e) Wintergreen Employee Housing (EHC are counted only if units in Wintergreen Low Income Units or Wintergreen Long-term Rental Units or beds in Wintergreen Seasonal Housing are occupied by PUD employees) Wintergreen Low Income Units -1 & 2 bedroom units = 1.5 EHC per bedroom -3 bedroom units = 3 EHC

Wintergreen Long-term Rental Units -1 & 2 bedroom units = 1.5 EHC per bedroom -3 bedroom units = 3 EHC

Wintergreen Seasonal Housing Units -1 bed = 1 EHC

(f) Seasonal Housing Units built or provided for by Owner/Developer or KRI within the PUD after March 27, 1995: 1 bedroom = 1 EHC;

(g) Long Term Rental Units built or provided for by Owner/Developer or KRI within the PUD after March 27, 1995: - 1 & 2 bedroom units = 1.5 EHC per bedroom - 3 bedroom unit = 3 EHC;

(h) Any other Seasonal Housing Units or Long Term Rental Units built, acquired, leased or otherwise arranged for by Owner/Developer or KRI within the County: 1 bed = 1 EHC; and

(i) Employed-Owned Restricted Units (other than Hidden River) - 1 & 2 bedroom units = 1.5 EHC per bedroom - 3 bedroom unit = 3 EHC

(iii) Owner/Developer, KRI and the County have conducted a survey of businesses within the PUD (the "Study of Employee Generation Rates") to determine two classifications of employee generation rates for hotel/lodge, multi-family dwellings, retail establishments, and food and beverage establishments:

a. one classification for calculating the number of Peak Season Full Time Employees, Part Time Employees and Seasonal Employees employed by Employers other than Owner/Developer, KNC and KRI in accordance with Subsection 6.C.(i)(b) above, and;

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 24 of 48

b. the second classification for projecting the number of FTE Employees generated by future projects for purposes of Subsection 6.D. below.

c. The Owner/Developer and KRI shall update the Study of Employee Generation Rates every three years until build-out of Owner/Developer's property within the PUD. Updates shall be conducted by an independent consultant, using the same methodology of the initial Study of Employee Generation Rates, and updates of the generation rates shall be made to the Keystone PUD using a minor PUD amendment process.

d. The Owner/Developer and KRI agree to provide the required update to the Study of Employee Generation Rates no later than August 31, 2017. The Planning Director has the authority to administratively extend this deadline up to an additional six (6) months, provided the Owner/Developer and/or KRI has submitted an application for a Major PUD Amendment, which includes, among other things, a revision related to the timing of the Study of Employee Generation Rates, and such application has been deemed complete by August 31, 2017.

ed. The term "Employee Generation Rates" means:

(1) Classification One

Land Use Unit Employees Hotel/Lodge Room .230.31 Multi-family dwelling Unit .200.24 Retail Establishments 1,000 sq. ft. 2.582.92 Food/Bev. Establishments 1,000 sq. ft. 4.774.33 Single-family Less than 2,000 sq. ft. .080.07 2,000 to 3,999 sq. ft. .150.13 4,000 to 5,999 sq. ft. .320.30 More than 6,000 sq. ft. .470.45

Seasonal Employees shall be calculated at 30.7% of the totals from the generation rates listed above.

(2) Classification Two

Land Use Unit Employees Hotel/Lodge Room .230.31 Multi-family dwelling Unit .200.24 Retail/F&B Establishments 1,000 sq. ft. 3.613.63 Single-family Less than 2,000 sq. ft. .080.07 2,000 to 3,999 sq. ft. .150.13 4,000 to 5,999 sq. ft. .320.30 More than 6,000 sq. ft. .470.45

(3) Employee Generation Rates may be changed, by a minor amendment of this PUD, based on the required updates of the Study of Employee Generation Rates, as provided for this Subsection 6.C.(iii).

(iv) Compliance of Annual Report

a. The Annual Report described herein shall show that an adequate number of EHC’s are provided to accommodate 40% of Employees and 60% of Seasonal Employees, as required herein (the “40%/60% Requirement”). The following process shall be used to determine compliance of the Annual Report.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 25 of 48

(1) If EHC’s reported in the Annual Report for the current reporting year are greater than or equal to the 40%/60% Requirement, the Annual Report is in compliance.

(2) If the EHC’s reported in the Annual Report for the current reporting year are less than the 40%/60% Requirement, the average of the EHC’s over the immediately preceding five (5) year period (the “Five Year Average”) shall be calculated.

(3) If the Five Year Average is greater than or equal to the 40%/60% Requirement, the Annual Report is in compliance.

(4) If the Five Year Average is less than the 40%/60% Requirement, an analysis of demand for employee housing in the PUD (the “Demand Test”) shall be conducted. The Demand Test shall include a determination of (a) whether there are any vacant beds in the Existing Employee Housing, Wintergreen Seasonal Housing or Wintergreen Long-term Rental Units and (b) whether there is a waiting list for the Wintergreen Long-term Rental Units.

(5) If the Demand Test shows that there are vacant beds in the Existing Employee Housing, Wintergreen Seasonal Housing or Wintergreen Long-term Rental Units and that there is no waiting list for the Wintergreen Long-term Rental Units, the Annual Report is in compliance.

(6) If the Demand Test shows that there are not vacant beds in Existing Employee Housing, Wintergreen Seasonal Housing or Wintergreen Long-term Rental Units and/or there is a waiting list for the Wintergreen Long-term Rental Units, the Annual Report shall be deemed not in compliance.

(7) The Owner/Developer shall have three (3) years to cure non-compliance for the Annual Report (the “Cure Period”). Concurrent with submission of the Annual Report that shows non-compliance, the Owner/Developer shall submit a plan, with the Annual Report, outlining steps that the Owner/Developer will take to cure the non-compliance. The plan shall include year-by-year actions that will be taken to increase the EHC’s during the Cure Period. The actions to be taken shall be determined at the Owner/Developer’s discretion and may include (but are not limited to or required to include) the following:

i. Increase PUD occupancy in the Wintergreen Long-term Rental Units; or

ii. Increase PUD occupancy in Existing Employee Housing and/or Wintergreen Seasonal Housing; or

iii. Other means to produce additional EHCs as described in this Section B.6 of the PUD.

(8) Compliance of the Annual Report shall be evaluated each year during the Cure Period with the submission of the Annual Report. Once the Annual Report is deemed in compliance, the Cure Period shall end and any non-compliance under this Section 6.C shall be deemed to be cured.

(9) In the event that the non-compliance is not cured within the first two (2) years of the Cure Period, the Owner/Developer shall meet with County Planning Staff to discuss measures to bring the Annual Report into compliance by the end of the Cure Period.

(10) During the Cure Period, the Owner/Developer shall not be determined in Breach

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 26 of 48

of the Provisions of the PUD Designation, as described in Section D.2 of the PUD and the County may not withhold approval of any site plans or plat maps or the issuance of any grading, building or occupancy permits for non-compliance under this Section 6.C. of the PUD.

(11) If, at the end of the Cure Period, the Annual Report is still not in compliance, it shall be determined to be a Breach of the Provisions of the PUD Designation, as described in Section D.2 of the PUD and the actions outlined in Section D.2 of the PUD shall apply.

v. The County may conduct an audit of the Annual Report. The purpose of the audit is to verify that the process for compiling and reporting the information in the Annual Report by the Owner/Developer is compliant with the provisions set forth herein and the information provided to the Owner/Developer by third parties is accurate. The audit will be conducted by an independent, third party auditor. The County shall be solely responsible for any and all costs associated with the audit. The Owner/Developer shall incur no costs associated with the audit but shall cooperate with the auditor and provide information as is permitted under law. Such audit may occur at the County’s discretion but no more frequently than once every three (3) years. Any discrepancies identified in such audit shall be reflected in a revised Annual Report.

D. Certificate of Occupancy for New Developments.

(i) Credit Bank. Upon issuance of Certificate of Occupancy for each building of the Wintergreen Long-term Rental Units, the Owner/Developer shall be credited the number of credits generated by that particular building of Wintergreen Long-term Rental Units, as detailed in Section 6.C.(ii) above. Such credits shall be transferred into a bank created herein (the “Credit Bank”) used to track credits available for new real estate development (the “Development Credits”) and shall be available for the Owner/Developer to use at its sole discretion so long as there is no Breach of the Provisions of the PUD Designation, as described in Section D.2 by the Owner/Developer. Owner/Developer may increase the Development Credits in the Credit Bank by guaranteeing additional occupancy for Employees in Wintergreen Seasonal Units or other methods mutually agreed upon between the Owner/Developer and the County.

(ii) Timing Requirements for New Development. a. With each project development proposal for hotel/lodge, multi-family, retail, food and beverage or mixed-use development, the applicant shall submit (1) an estimate of the number of FTE Employees generated by such project based on the second classification of the Employee Generation Rates (2) the total number of EHC’s required to satisfy the Employee Housing for 40% of the employees generated by the development project (the “Project Requirement”) and (3) a plan to satisfy the Project Requirement. b. No final site plan approval for such a development project shall be issued until the Board of County Commissioners approves the applicant’s plan to satisfy the Project Requirement. c. Unless the final site plan approval for such a development project provides otherwise, no certificate of occupancy for such development project shall be issued until the necessary credits have been provided, which for construction of new housing units would occur at issuance of certificate of occupancy for such Employee Housing. (iii) Use of the Credit Bank. Prior to issuance of a certificate of occupancy for a development project, the Project Requirement shall be compared to the Development Credits available in the Credit Bank at that time. If there are sufficient Development Credits in the Credit Bank to provide for the Project Requirement and the Owner/Developer has granted permission for their use, the number of credits needed to fulfill Project Requirement shall be deducted from the Credit Bank. If there are not sufficient Development Credits in the Credit Bank to provide for the Project Requirement, the developer/applicant of such development project shall be required to fulfill its Project Requirement through other means described in this Section 6 of the PUD

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 27 of 48

(e.g., master lease of units, construction of new units, etc.), prior to receiving a certificate of occupancy for the development. (iv) Third Party Development. Neither Owner/Developer nor KRI shall be responsible for Employee Housing required to house Employees generated by third-party development projects or projects where the developer/applicant does not have an agreement to use the Credit Bank.

E. Employee-Owned Units

(i) A dwelling unit that is owned by an Employee or Qualified Occupant but that is not restricted by an Employee Use Restriction (an "Employee- Owned Non-Restricted Unit") shall not be considered an "Employee Housing Unit." Each Employee owning an Employee-Owned Non- Restricted Unit and each Employee living therein shall not be considered an "Employee" for purposes of calculating the number of Peak Season FTE Employees for which Owner/Developer is required to arrange housing pursuant to this Section.

(ii) A dwelling unit that is owned by an Employee or a Qualified Occupant and that is restricted by an Employee Use Restriction (an "Employee- Owned Restricted Unit") shall be considered an "Employee Housing Unit." Each Employee owning an Employee-Owned Restricted Unit and each Employee living therein shall be considered an "Employee" for purposes of calculating the number of Peak Season FTE Employees for which Owner/Developer is required to arrange housing pursuant to this Section.

(iii) In no event shall the initial sales price for an Employee-Owned Restricted Unit developed and sold by Owner/Developer, KRI or any third-party developer exceed affordability at one hundred twenty five percent (125%) of the median household income for Summit County, Colorado, as determined from time to time by United States Department of Housing and Urban Development (“HUD”). In addition, Owner/Developer, KRI and each third-party developer that develops and sells Employee-Owned Restricted Units shall use its best efforts to sell at least 80 percent of any Employee-Owned Restricted Units that it develops and sells to Employees.

F. Employee Housing Review Board

Keystone Employee Housing Review Board, Inc.: This entity was registered with the Secretary of State of Colorado as a non-profit board on September 29, 1995. Its duties are to oversee and enforce the covenants and restrictions placed on the employee housing units within the Keystone PUD. The review board consists of at least one representative of the Owner/Developer, one representative of KRI, one employee representative and one representative appointed by the Summit County Board of County Commissioners. The goal of the Board is to oversee the successful development, management and operation of the employee housing within the PUD.

7. Resort and Community Support Facilities

Resort support facilities are non-commercial facilities that are provided as amenities or operational facilities required to create a destination resort. Resort support includes facilities provided for skier services, conference, cultural activities, maintenance, lodge lobbies, service spaces, administrative offices meeting rooms, transit facilities or other similar uses. The existing floor area of the skier cafeteria in Parcel A, River Run Neighborhood and Parcel C, Mountain House Neighborhood have been grandfathered in as Resort Support facilities, and that square footage of each cafeteria will remain so classified for density purposes.

The PUD describes the cross country ski center in the Old Keystone Neighborhood as both, a resort support service and as a commercial operation. The cross country ski center meets both definitions of a resort support service and as a commercial operation, therefore half of the square footage will be counted as resort support and the other half will be counted as commercial square footage for the cross country ski center.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 28 of 48

The floor area of resort support uses will not count against zoning or density as long as they do not exceed 10% of the equivalent units within a given neighborhood. This requirement may be waived by the Board of County Commissioners if it is deemed appropriate to concentrate resort support facilities within one neighborhood or area.

Community support are non-commercial or non profit facilities such as cultural or educational institutions such as churches and schools, or other uses necessary or desirable for the day to day operation of a community including emergency service facilities, medical clinics, libraries, community meeting rooms and athletic facilities open to the general public. The floor area of these uses shall not be counted against density or zoning after a finding by the Planning Commission and/or Board of County Commissioners that the use proposed is appropriate to the scale and character of the neighborhood.

8. Public Use Areas

Pursuant to Section 8601 of the Summit County Land Use and Development Code the Owner/Developer is required to provide lands for public use. Land shall be restricted by private covenant, dedicated or improvements constructed concurrent with final plats for development. The Owner/Developer shall be given appropriate credit toward Public Use Area Fees for all dedication of public lands/easements and construction of trails/trailheads and reclamation of the Snake River.

9. Air Quality

All solid fuel burning devices shall meet or exceed the Summit County requirements. At a minimum, all solid fuel burning devices shall be EPA certified, shall only be permitted in the following units (structures) and shall be limited to one per unit: single family and duplex residences greater than 1,500 sq. ft. in size. Subject to compliance with all other codes and regulations one solid fuel burning device shall be permitted in one lodge lobby in Parcel A of River Run Village. If Summit County initiates a countywide air quality monitoring program, the Owner/Developer will cooperate in the program, as it relates to the Snake River Basin.

10. Water Quality/Quantity

For all new development approved by this designation, mitigation is required for total phosphorus loads on a pound-for-pound basis provided Summit County adopts regulations by December 31, 1996 requiring all other major development projects to mitigate in a similar manner. Phosphorus controls used will be consistent with the concepts and controls in the 1990 Keystone Base I Agreement (attached hereto as Exhibit E).

Stormwater management and detention shall meet all requirements of the Summit County Land Use and Development Code. In addition the following principles will be followed:

1. The increase in peak stormwater discharges will be attenuated to maintain predevelopment drainage conditions to meet the requirements of the Summit County Land Use and Development Code. 2. Regional stormwater infiltration or detention facilities will be used, where practical, to reduce on site detention needs and minimize both land costs and maintenance expenses. 3. Wet detention or extended detention facilities will be used wherever feasible for flood control and water quality enhancement. 4. Unlined open channels and roadside swales will be emphasized to: (a) convey fully developed flood flows, (b) avoid problems with freezing often experienced with buried conduits in extreme winter conditions, and (c) improve water quality. 5. Stormwater facilities, where required, will be designed and constructed to maintain public safety and ensure the conveyance of 25 year flows from both on site and off site tributary basins. Construction of stormwater facilities will generally be phased concurrently with other development improvements to achieve a congruous system that accounts for potential impacts from upland basins and to receiving streams below the proposed improvement.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 29 of 48

6. Riparian corridors will be preserved to the greatest extent feasible to maintain stable natural channels, minimize potential impacts to wetlands, and provide for conveyance of 100 year flood flows without inundation of adjacent buildings and private property. 7. The stability of natural channels will be a goal. Where natural channels are affected by development, improvements will be constructed to control velocities and reduce scour. The potential for debris flow and other geologic hazards will be considered. 8. The second golf course shall utilize fertilization management practices and create a system of stormwater retention and detention to minimize the impact of run-off.

The Owner/Developer, in conjunction with the Summit County Board of County Commissioners, shall use its best efforts to explore and implement a program whereby one or more pumps would be placed in the Roberts tunnel and utilized to divert water into the Snake River. Upon implementation of the program or 12/31/99, whichever occurs first, and on the condition that the Summit County Board of County Commissioner continues to support the Owner/Developers efforts to implement the program described above, the Owner/Developer hereby agrees not to cause or allow minimum stream flows in the Snake River to fall below 6 CFS at the measurement point designated by the USFS without the consent of the Summit County Board of County Commissioners and the USFS. Notwithstanding the foregoing, Summit County shall not be required to pay any costs related to the diversion program.

11. Historical Features

Historical/archeological features shall be considered prior to development of any site plan. When a historical feature of local importance is identified, the Owner/Developer shall work with the Summit Historical Society to plan development to be compatible with the historic resource.

12. Wetlands and Wetland Setbacks

A. General Wetland Regulations

It is the intent of this PUD to preserve wetlands from development wherever possible. The Owner/Developer shall comply with the Wetland Regulations of the Development Code. The Owner/Developer may request a reduction in the wetland setbacks or buffer zones listed above in Section B(1) per the Wetland Regulations of the Development Code.

An activity is exempt from the Wetland Regulations of the Development Code if an activity is necessary to achieve vehicular, utility, or pedestrian access, and no access route avoiding the wetland area or the associated setbacks is technically feasible, provided the impacts of such access shall be mitigated in conformance with the standards outlined in the Development Code.

It is recognized that some land uses, such as trails, tramways, drainage facilities, roads, bridges, and utilities may have to occur within wetland areas and the 25 foot wetland setbacks, if not technically feasible as outlined in preceding paragraph, in order for the Owner/Developer to develop the resort. Exhibits N-1, N-2, N-3, N-4, N-5, N-6 and N-7 reflect such potential impacts. Such potential impacts shall be evaluated using the wetland regulations of the Development Code.

The wetland buffer zones outside of the 25 foot setback may be disturbed during construction, but shall not have any permanent structures located on them, except necessary roads, utilities, bridges, drainage facilities, tramways, trails and other such infrastructure. Redevelopment of existing building encroachments within wetland setbacks shall be permitted when such encroachment does not increase the square footage of the existing encroachment, but such encroachments shall comply with Section 7105.05 of the Development Code, “Mitigation Procedures for Developing Within Wetland Areas and Wetland Setbacks”.

The developer is required to obtain and comply with 404 permits as required by the US Army Corps of Engineers wherever necessary for development activity in jurisdictional wetlands. The 404 Permit and the requirements contained therein are attached as Exhibit F and fully incorporated herein.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 30 of 48

Snow storage areas shall not be located adjacent to wetlands unless specifically approved by the County Engineer according to applicable County standards.

Additional wetland protection provisions are outlined in the Wildlife section below.

B. Permitted Wetland Disturbance in the Wetland Setback

(1) Reclamation Work, Trail Construction, and Existing Encroachment of East Keystone Road The reclamation work and trail construction described in the “Mountain House at Keystone Reclamation Plan and Wetland Setback Disturbance” prepared by dhm design (the "Mountain House Reclamation Plan"), dated April 15, 2002, as kept in the Planning Department in Planning Case File #00-223, shall be initiated and then completed as follows:

(a) The County has permitted wetland fill of the areas shown on Exhibit N-4 & N-6 within Parcel C of the Mountain House Neighborhood and south of West Keystone Road to allow for an environmentally better design of the Dillon-Keystone Recreational Path. Prior to performing such wetland fill Owner/Developer will obtain and submit to the Planning Department: 1) the appropriate permit required therefor by the U.S. Army Corps of Engineers; 2) plans as required by the County for a grading permit; and, 3) wetland mitigation plans to illustrate where the wetland filled will be created, with a 2:1 ratio required (for every square foot filled, two square feet of mitigation is required). (b) Except as set forth in Item 12 B (1)(d) below, when Owner/Developer begins any construction of a residential, commercial or mixed use project in either Parcel B or Parcel C of the Mountain House Neighborhood, Owner/Developer shall also begin the reclamation work and trail construction described in the Mountain House Reclamation Plan and shown on Exhibits N-4 & N-6 or N-5 & N-7 that are within that Parcel. The reclamation work and trail construction shall be guaranteed by an improvements agreement. (c) Building renovations, building projects and other construction or development activities performed by VSR shall not trigger any of the reclamation work or trail construction described in the Mountain House Reclamation Plan. In the event VSR becomes the Owner/Developer of the Keystone PUD, this provision shall not be used to exempt VSR from the Owner/Developer obligations contemplated in this section. (d) The reclamation work and trail construction designed for the current location of the Winterset building in Parcel C of the Mountain House Neighborhood (reclamation of Areas 5, 6 and 8 and trail construction through Areas 3 through 8 as described in the Mountain House Reclamation Plan) shall not be required at the time Owner/Developer begins the first residential, commercial or mixed-use project within Parcel C. Instead, the trail construction and reclamation work for that site will begin promptly after the Winterset building is removed and such work shall be guaranteed by an improvements agreement executed by VSR or Owner/Developer prior to the issuance of a demolition permit. (e) Owner/Developer will perform the trail construction and reclamation work indicated by the Mountain House Reclamation Plan and Exhibits N-4, N-5, N-6 and N-7 only on the parcels of real property that either it or VSR owns. Owner/Developer will not be required to perform trail construction and reclamation work indicated by the Mountain House Reclamation Plan and Exhibits N-4, N-5, N-6 and N-7 on any parcel of real property owned by a third-party, unless the County provides Owner/Developer with evidence satisfactory to Owner/Developer in its reasonable discretion that the third-party has consented to such trail construction or reclamation work or that the County otherwise has the right and authority to allow Owner/Developer to perform the same on the third-party's property. In such event, Owner/Developer shall perform such trail and reclamation work on behalf of the County pursuant to an agreement to be entered into between Owner/Developer and the County. (f) Prior to initiating any of the trail construction or reclamation work as provided by this section, the Owner/Developer shall submit site plans for the parking lots in the Mountain House Neighborhood that are adjacent to the proposed Dillon-Keystone Recreational Path for the Planning Department's administrative review and action. Such site plans shall include: 1)

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 31 of 48

one or more plans showing the reconfigurations of the Mountain House parking lots and related drainage and on site and off site snow storage; 2) detailed grading and drainage plans; 3) detailed landscaping plans; 4) lighting plans; and 5) all other plans as required by this PUD or the Development Code. (g) East Keystone Road is an existing, grandfathered encroachment into the 25 foot wetland setback, which has an approximate encroachment area of 4,264 square feet. The Owner/Developer is allowed to reconstruct or repair East Keystone Road in its current location. (2) Dillon-Keystone Recreation Path The County has also allowed for the construction of the Dillon-Keystone Recreation Path within the 25 foot wetland setback per the Mountain House Reclamation Plan subject to the following requirements: (a) Prior to the issuance of a grading permit for the construction of any section of the path between “The Seasons at Keystone Subdivision” and “Frostfire Condominium”: (i) Owner/Developer shall submit engineering drawings for the construction of the path and the grading and reclamation work associated therewith for that section of path for the County’s review and action. (ii) Owner/Developer shall submit a water quality protection plan and a wetland mitigation plan for the County’s review and action prior to construction of the path and the associated grading and reclamation work. Such a water quality protection plan, which may be amended and updated from time to time through subsequent site plan review, shall address all runoff that either passes through, or is generated by, development within Parcel B and Parcel C of the Mountain House Neighborhood. Such plans may be referred out to the Colorado Division of Wildlife, the Summit Water Quality Committee and the United States Corps of Engineers for review and comment. (iii) If any trail construction and associated grading and reclamation work will involve the modification of the 100 year flood plain, such modification must be reviewed and approved by the Engineering Department. (b) Where reclamation activity immediately adjacent to the Snake River is shown on the Mountain House Reclamation Plan, the reclamation shall include river-bank stabilization (boulder placement, rip-rap, etc.) in areas that have eroding banks, and then behind that, topsoil placement and plantings of native grasses in areas that currently have no vegetation. (c) The path shall be designed to encourage human contact with the Snake River to occur at the footbridge crossings over the Snake River, and with landscaping and grade changes (and where recommended by the Colorado Division of Wildlife, fences) in Areas 12, 15 and 16 through 20 as shown on the Mountain House Reclamation Plan to discourage human intrusion into those Areas. (d) Design Standards for the Dillon-Keystone Recreational Path between "The Seasons at Keystone" and "Frostfire Condominium" in the Mountain House Neighborhood: (i) East of the Chateaux du' Mont pump building, the path shall be located completely off the berm, immediately at the south toe of the berm. The berm shall be reshaped, reclaimed and replanted per the plant specifications shown on the Mountain House Reclamation Plan. (ii) In Areas 1 through 10 and 16 through 20 as shown on the Mountain House Reclamation Plan, the path shall be constructed on the side of the berm that is furthest from the Snake River, rather than right on top of the berm, to allow the grade change to better buffer human activity from wildlife. (iii) Trails shall be designed per the applicable design standards of this PUD and this Section 12B. Notwithstanding the foregoing, Owner/Developer and the County acknowledge that (1) the placement of the trail immediately adjacent to the existing Chateau du Mont pumphouse and the existing Slopeside building, and (2) the placement of the trail immediately adjacent to the road in limited areas (where curb and gutter will be used to provide necessary separation), may conflict with the applicable design standards. With respect to any such conflicts, the standards contained in this Section 12 and in Exhibits N-4 through N-7 shall control. In addition, the County and the Owner/Developer shall mutually work together to examine if the illustrated curve radii of the trail through Mtn.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 32 of 48

House can be built as illustrated on Exhibits N4 through N-7. If the Open Space and Trails Department (in consultation with the County Attorney’s Office and the Engineering Department) determines that liability issues and safety issues can allow for trail turning radii to be built as shown, then the Open Space and Trails Department may administratively approve such design. (e) No snow storage from the Mountain House parking lots will be stored on the Dillon-Keystone Recreational Path. Snow cleared from the path itself will be allowed along the edges of the path. (3) Current Alignment of Go Devil Creek The following provisions shall apply to the current alignment of Go Devil Creek: (a) The installation of a new culvert under West Keystone Road for Go Devil Creek and the removal of the low-quality wetlands along the south side of West Keystone Road is permitted. In connection therewith, a new channel and/or a series of detention ponds shall be constructed on the north side of West Keystone Road to improve the handling of maximum flows and to reduce the impacts of sedimentation and erosion. (b) The existing ski slope, poma lift, access road to the vehicle maintenance building, and vehicle maintenance activities adjacent to Go Devil Creek are grandfathered uses with disturbances in the wetland setback. Any regrading of these areas is approved so long as the Owner/Developer provides a mitigation plan, improvements agreement, and financial guarantee. (c) Owner/Developer is permitted, but not obligated, to make modifications to Go Devil Creek to slow the flow of Go Devil Creek. (d) At the time Owner/Developer begins to construct residential, commercial or mixed-use structures adjacent to Go Devil Creek: 1) there shall be a 25’ wetland setback from the wetlands and the stream, whichever is more restrictive, unless a lesser setback is approved by the County per the Wetland Regulations of the Development Code; and, 2) reclaim the existing alignment to a more natural state. Any soil disturbance for new uses or activities in the wetland setback shall be evaluated per the Wetland Regulations of the Development Code. (4) Realignment of Go Devil Creek: The following provisions shall apply to the realignment of Go Devil Creek: (a) Owner/Developer may perform wetland fill and soil disturbance in the wetland and streamside setbacks for realigning Go Devil Creek only if such activity is to return the stream to a more natural course through the site that includes the removal of the large detention pond, removal of culverts, etc. (b) Owner/Developer may design and implement a realignment of Go Devil Creek concurrent with the first site plan review for any new multi-family or commercial building within Parcel C adjacent to Go Devil Creek. Any multi-family/commercial project in Parcel C of the Mountain House west of Go Devil Creek shall be considered adjacent. If a realignment is pursued, such realignment shall require a detailed grading and reclamation plan that includes but is not limited to detailed planting plan, plant sizes and the creation of a naturally appearing 25 foot buffer zone on each side of the creek, unless a lesser setback is approved by the County per the Wetland Regulations of the Development Code. Existing grandfathered encroachments do not have to be reclaimed to a more natural state until such uses are removed or relocated. (c) Floodplain analysis and information on maximum anticipated streamflows will be provided by Owner/Developer in association with realignment of Go Devil Creek or prior to the first site plan review for any development adjacent to Go Devil Creek. (5) River Run Neighborhood: (a) A detailed wetland setback mitigation plan shall be submitted with the required site plan for Lot 4A of the Base 1, Filing #2, 5th Subdivision Exemption and be evaluated per the County’s Wetland Regulations. Riparian type plantings and water quality improvements shall be provided in the remaining wetland setback areas along the southern edge of the improved and widened community path/emergency access in conjunction with development on Lot 4A.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 33 of 48

13. Wildlife

It is the intent of this PUD to preserve and enhance opportunities for wildlife in the resort area. The wildlife study and recommendations contained therein are attached as Exhibit G as if and fully incorporated herein.

Free ranging dogs and cats frequently constitute a menace to wildlife; therefore, the covenants to be created for the Property shall not permit dogs and cats except pursuant to provisions as approved by the Colorado Division of Wildlife and the County Planning Department.

In the River Run and Ski Tip neighborhoods, the following additional provisions shall be applied:

a) In the Ski Tip Neighborhood, on the south side of the Snake River, the existing lodgepole stand north of the existing jeep road/nordic trail and west of the roughed in Independence Road shall be left intact. The wetlands around the beaver ponds at the mouth of Jones Creek shall be protected by a split rail fence as shown on Exhibit N2. b) In the Ski Tip Neighborhood, a spanning bridge shall be used to cross Jones Creek, providing approximately eight horizontal feet across the creek, and approximately two feet of terrestrial habitat under the bridge that is above the 20 year-event high water mark on each side of the creek. The bridge shall be designed to minimize contamination of the creek and the adjacent wetlands caused by road run-off and snowplow debris. c) Any trail crossing Jones Creek shall be made using lodgepole trunks spanning the creek; no culverts are allowed in Jones Creek.

14. Recreational, Cultural and Community Facilities

The following is a list of recreational, cultural and community facilities or sites which are designated on a neighborhood by neighborhood basis:

River Run Village

Visitor Info. Center: Located at the entrance to River Run Village, the center provides visitor reception, public restrooms, information and other visitor services. Chapel/Community Hall: This dual purpose building is a focal architectural element of the town square arrival area and provides community meeting space and a non- denominational chapel. Theater/Library: The theater/library building is located adjacent to the community meadow providing an education center and diverse cultural activities. The building and meadow will be a gathering place for residents and visitors. Employee Housing: A limited number of employee housing units are provided within River Run Village within walking distance to the village center. Recreation: The River Run gondola is to be extended across the Snake River to the Village to strengthen the connection to mountain activities and reduce the walking distance to skiing. These activities include skiing in the winter and mountain biking, hiking and environmental studies in the summer, and year around gondola rides to dining at the Outpost. Children's Center: The center is a place where parents can leave their children to ski or play in the snow in the winter, or for childcare and play in the summer.

Ski Tip Neighborhood

Restaurant Lodge: The Ski Tip lodge and restaurant will be a gathering place for (historical site) neighborhood meetings and social events (included as commercial space in density calculations). Wetlands Park: A large wetlands area provides a central open space amenity for the Ski Tip neighborhood. Particularly rich wildlife habitat exists in this stretch

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 34 of 48

of wetlands.

Mountain House Neighborhood

Skiing: Approximately one half of Keystone's skiers will access the mountain through the Mountain House neighborhood. The existing 12,000 sq. ft. of commercial will be expanded to 48,000 sq. ft. to provide quality skier services. The commercial spaces used for skier services will be closed in the summer and flexible spaces will be converted to meeting rooms. The Energizer Bunny ski school hill will be reconfigured to improve the beginner terrain, and additional ski school meeting and office space will be provided. Recreation Center: A swimming pool with a wide variety of related activities will be the summer recreation focus in the Mountain House neighborhood. The facility will be an activity center with facilities such as a health spa and fitness center and a fishing pond for children. Medical Clinic: The clinic will continue to provide emergency services for skiers and health care for residents and guests. The helicopter landing pad will be relocated to the edge of the river so that the flight path can follow the open river corridor.

Lakeside Neighborhood

The Lake: Paddle boating, the boathouse, children feeding the fish, skating and ice hockey will continue to be amenities and traditions unique to Keystone and the Keystone Lake. Wetlands Park: Views from existing commercial and residences extend across the lake and up the broad river and wetland corridor toward River Run. The corridor will remain open and wetlands developed into a park with interpretive facilities and boardwalks that extend into the wetlands. Conference Center: The conference center will remain the feature of the resort that generates year around activities. The potential exists to add an exhibit hall to the conference center. Cultural Campus: The cultural campus creates a center for arts, cultural, research and educational programs within the resort. The campus is located to take full advantage of the conference center. The location is also adjacent to seasonal employee housing, a portion of which can be used to house students and campus participants during the summer. A site for Keystone Center headquarters has been identified in the Cultural Campus. All uses by other than non-profit corporations and educational institutions shall be included in the calculation of commercial density. Maintenance Facility: A vehicle maintenance facility and central receiving warehouse is planned for the Tenderfoot Campground site. Fire Station: The Snake River Fire Protection District will require an expanded combination fire station and public safety building to provide service for the resort at build-out. Parcel A, Lakeside Neighborhood is identified as an appropriate location for an approximately 1.2 acre site. The potential exists to incorporate the fire station and community services into a single complex. Recreational/Community Support Facility: A Multi-Purpose Recreational and Training Facility, as defined in Exhibit C, may be developed on Parcel G in the Lakeside Neighborhood, directly west of the Lodge Parking Lot, subject to compliance with the standards set forth in Section B.27 below. Old Keystone Neighborhood

Keystone Science School: Although zoning for the Science School is to be submitted under a separate

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 35 of 48

PUD, the school has been considered in planning the resort and is an integral part of the cultural program. The school will remain in its present location with some additional classroom and dormitory spaces. Western Center: The riding center is to be expanded into a western center with additional stables, a ranch house, barn for barn dances, roping ring and petting zoo. The central receiving warehouse will be moved to another site. Golf Course: A second golf course is to be developed west of the Keystone Science School. The course will be shorter and less demanding than the Ranch Golf Course and will be ideal for conference groups. Cross Country Skiing: Cross country skiing will take place along many of Keystone's walking paths. The golf course, however, may be the site of Keystone's cross country skiing center. The cross country trails shall not block or interfere with the free use of USFS trails by those not using the center.

Wintergreen Neighborhood

Community Services: In addition to commercial uses, this site is programmed for community facilities which might include community meeting space, public services offices, sheriff substation, transit office, and risk management office.

15. Open Space and Walks and Trails

Keystone Open Space and Parks is shown in Exhibit B, while open space areas are listed in Section A.1. If the Owner/Developer receives a site plan approval and a site specific development plan for the Parcel H Parking Lot, the Owner/Developer shall execute a restrictive covenant, conservation easement or other legal instrument to ensure the wildlife values of Tract D are protected in perpetuity. If a site plan and a site specific development plan are denied by the County, then the Owner/Developer shall execute an open space covenant on this property similar to the covenant already in place on other open space properties in the PUD.

The Owner/Developer shall construct the trails and walkways indicated on the trails plan attached as Exhibit H that are located on Keystone owned, or Keystone jointly owned property. Exhibit H shows conceptual trail connections through neighborhoods rather than exact alignments. The Owner/Developer shall propose the exact alignment of trails within the project at the time of development review.

The path alignment shown on Exhibits N-4, N-5, N-6 and N-7 shows the approved location of the Dillon-Keystone Recreational Path through the Mountain House Neighborhood. Where this alignment conflicts with what is provided for in Exhibits H and L, alignment shown on Exhibits N-4, N-5, N-6 and N-7 shall be used.

The trails and walkways indicated on the attached plan can be realigned, by the approval of the Board of County Commissioners or the Snake River Planning Commission, during the time of development review if the following criteria are met:

1. The relocation is to avoid trail user conflicts with adjacent land uses, steep slopes, wetland buffer zones, wildlife movement/migration corridors and other key wildlife habitats, or any other environmental constraint as identified by the Snake River Master Plan or the Summit County Land Use and Development Code. 2. The original function of the trails system will be preserved through the site, while allowing for existing or proposed trails to be relocated, but not eliminated, based upon the overall development review criteria, the proposed development plan and the trail’s character through the site.

All trails shall be designed using the following standards:

1. Trails shall minimize the number of driveway and road crossings. 2. Trails shall have appropriate separations between the trails and roadways, and trails and buildings,

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 36 of 48

as shown in Exhibit L. The Board of County Commissioners or the Snake River Planning Commission may increase or decrease the separations shown in Exhibit L at the time of development review to preserve the trail’s character through the site. 3. Development shall be phased to allow continual access through the site during construction. 4. Easements shall be granted to the County for the trails to ensure the perpetuity of the trails and continued compliance with the requirements of the PUD prior to recording a plat, or the issuance of the first certificate of occupancy, whichever occurs first. 5. Except as otherwise set forth in Section 12B(2)(d)(iii) all trails shall be designed using the Pathway Design Standards Matrix outlined in Exhibit L. 6. Except as otherwise set forth in Section 12B(2)(d)(iii), any proposed realignment of the Dillon- Keystone Recreational Pathway or hard surface Community Pathways shall comply with the "Trail Development Guidelines" chapter of the Summit County Recreational Pathways Master Plan as amended February 28, 1989. 7. Trails shall be in compliance with the current Snake River Basin Master Plan and the Summit County Recreational Pathway Master Plan; open to the public; and connect to Forest Service trails or trailheads, where feasible. 8. A sign shall be posted on Montezuma Road, or such other location as may be approved by the County, that informs trail users of the status of Montezuma Road (narrow curvy road with poor site distance, etc.).

All portions of the Snake River and its tributaries within the PUD shall be open to the general public. The primary trail system shall be developed at the same time as the primary road improvements. Pathways must be contiguous regardless of development phasing.

Cross-country skiing will take place along many of the walking paths within the PUD. The golf course, however, may be the site of the cross-country center. Parcel E of the Ski Tip Neighborhood may also be the site of the cross-country center with proper approvals. The cross-country trails will not block or interfere with access to USFS trails.

Wintergreen Pedestrian Path Easement – Prior to issuance of Certificate of Occupancy for the second building constructed on Wintergreen Parcel A, regardless of type, the Owner/Developer agrees to grant a non-exclusive pedestrian access easement providing a pedestrian connection from Wintergreen Parcel A to the northwest corner of Tennis Club Road, subject to (1) approval by the Owner/Developer of the final location of the easement at the time of site plan approval for the project to be constructed on Wintergreen Parcel A and (2) agreement by the developer of Wintergreen Parcel A that construction and maintenance of said pedestrian connection will be provided by the developer of Wintergreen Parcel A and not by the Owner/Developer.

16. Sign Control

Sign control within the PUD shall be regulated by the Owner/Developer and the Summit County Sign Review Commission pursuant to the Keystone Resort Master Sign Program adopted on May 7, 1997 by the Summit County Sign Review Commission

17. Platting

All subdivision of the property within the PUD shall be in conformance with Chapter 8 (Subdivision regulations) of the Development Code now in effect or as hereafter amended. All easements, recorded or otherwise, shall be dedicated on the final plat prior to recordation of the final plat. If the property is not platted, such easements shall be dedicated prior to approval of the first site plan in any parcel.

Any development approval within Development Parcel B and Development Parcel C of the Mountain House Neighborhood shall require the applicant to demonstrate that it has provided all necessary dedications for schools, trails, open space, access, utilities or other purposes identified in the Keystone Resort PUD or the Development Code for the subdivided property, which dedications shall occur via a plat amendment or other acceptable instrument.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 37 of 48

18. Site Plans

All development shall undergo site plan review and approval by the County prior to the issuance of building permits. All site plans shall be in conformance with the applicable sections of the Snake River Master Plan effective at the time this designation was adopted and the Development Code now in effect or hereafter amended. Notwithstanding the foregoing, the site plan for the Parcel H Parking Lot shall be a two step process, with a recommendation from the Snake River Planning Commission, and final approval by the Board of County Commissioners.

The first site plan submitted for either Parcel B or Parcel C within the Mountain House Neighborhood shall concurrently have any additional information and/or modifications needed to the existing conceptual plan dated April 1994 that was submitted with the initial application for this PUD for the Mountain House Neighborhood to illustrate the basic elements of a ski resort base area, including but not limited to: general view-shed analysis, pedestrian access-ways, public places, central trash collecting station(s), commercial loading/unloading areas, primary access-ways, emergency access, cultural facilities as permitted, tramway alignments, proposed sewer, water and other utility alignments, bus stops and parking areas and skiways, ski trails, chair lifts and associated mazes and other on-snow amenities and facilities.

19. Development Phasing and PUD Review

Since a PUD is a dynamic entity, periodic reviews are necessary to insure conformance with the overall intent of the development plan and to make adjustments to respond to changes. Reviews shall be conducted in conformance with all requirements of Section 12211 of the Summit County Land Use and Development Code.

20. Amendments to the Colorado Common Interest Ownership Act (Senate Bill 216)

The only property which will be included in a large planned community (the "Large Planned Community") established pursuant to Senate Bill 94-216 will be property owned by the Owner/Developer in River Run Village and in the Ski Tip and Mountain House Neighborhoods. No other property will be included unless through voluntary association by individual homeowners associations, pursuant to the majority approval of the individual homeowners of each association. The boundaries of this area are as shown in Exhibit K.

The covenants for the Large Planned Community shall provide for the creation of a Public Facilities Fund. The Public Facilities Fund shall be used for constructing and financing community facilities and amenities, such as the chapel/community center, theater, library or such other facilities and amenities as may be desired by the community association (the "Community Association") created in connection with the covenants. The covenants shall provide that not less than ten percent of all monthly and annual general assessments actually collected by the Community Association will be deposited into the Public Facilities Fund. Upon request by the Community Association, the Owner/Developer shall convey to the Community Association, at no cost, the parcels of land shown on Exhibit I, on which the chapel/community center, theater and library shall be located. The Community Association shall consult with the Summit County Planning Department prior to constructing or financing these facilities.

Employee housing units located within the Large Planned Community shall not be subject to assessment by such Large Planned Community.

21. School Site

The Owner/Developer agrees to convey to the Summit County Board of County Commissioners the eight acre parcel shown on Exhibit B (the "school site") at no cost. The School Site shall be deed restricted for use solely for the construction of a new school and/or open space only. No other use, other than conservation/open space shall be permitted without the consent of the County and the Owner/Developer.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 38 of 48

22. Temporary Uses

Planning Commission Review The Owner/Developer may install construction office trailers, construction storage trailers and temporary real estate sales offices as temporary uses. Such uses shall be identified on each site plan where temporary uses are anticipated and approved as part of such site plan approval. These uses are subject to the performance standards identified by the Summit County Land Use and Development Code and all provisions of this Designation. Other temporary uses not specifically identified here are subject to all provisions of the Summit County Land Use and Development Code for temporary uses.

Planning Staff Review Outdoor Vendors: Outdoor vendors may locate in any area where commercial uses are allowed. Proposed locations for outdoor vendors shall be reviewed by the Planning Department and approved by the Architectural Review Committee prior to locating within the PUD.

Construction Offices: Construction offices may be approved by the Planning Department subject to the following requirements: • staff review and approval is limited to relocation of construction offices previously approved by the Snake River Planning Commission • the new location must be within the same construction site and for the same project as the original location approved by the Snake River Planning Commission • the new location does not result in any significant increase in adverse impacts when compared to the previously approved location • the Planning staff may impose conditions intended to eliminate or reduce adverse impacts • the total area of construction office shall not exceed 500 square feet • the construction office meets all the requirements of Section 3806 of the Summit County Land Use and Development Code, except that the review procedures of Section 12400 shall not apply.

23. Resort Special Events

Resort special events are events of limited duration which involve placement of tents and associated temporary facilities. Examples of resort special events include ski/snowboard races and demonstrations, music festivals and music programs, traveling circuses, special holiday events and programs, athletic events, conference related events, community celebrations and other similar events. Resort special events are divided into two categories as described below.

a. Large Events: The Planning Department may approve permits for locations for resort special events as described in this subsection a. Keystone may apply for one or more permits to cover all events anticipated within a given year or season. Locations for large resort special events are limited to the following:

• Lakeside Neighborhood, Parcel A - Tenderfoot Parking Lot • Lakeside Neighborhood, Parcel C - Decatur Field & Keystone Village • Lakeside Neighborhood, Parcel G, Recreational Facility & Lodge Parking Lot • River Run Neighborhood, Parcel A - Skier Parking Lots & River Run Village • Mountain House Neighborhood, Parcels B and C - East and West Parking Lots, area immediately to the south of the Mountain House. • Old Keystone Neighborhood, Parcel A - Adjacent to the Keystone Stables

Uses shall be limited to tents and associated temporary facilities such as temporary stage areas, portable toilets, food service areas and other facilities normally associated with temporary special events.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 39 of 48

Prior to approval by the Planning Department, the following shall be completed: • Notification of all homeowner/condominium/property owner/neighborhood associations within 300 feet of the proposed location • Notification to the Snake River Planning Commission • Review and approval by referral agencies as identified by the Planning Department. This can occur through a form provided to Keystone by the Planning Department. • The Planning Department shall allow a minimum of 14 days, but not more than 21 days for the required notification and review by the referral agencies prior to making a decision.

The Planning Department shall make a decision within 14 days of the established deadline for receipt of comments. The Planning Department may impose conditions intended to eliminate or reduce adverse impacts identified through the review process. The decision of the Planning Department may be appealed to the Snake River Planning Commission in accordance with Section 13600 of the Summit County Land Use and Development Code.

b. Small Events: Events meeting the criteria established below are allowed as a permitted use in any location within the PUD. The criteria for this category are: • tent area associated with these events cannot exceed a total of 5000 square feet • no permanent pads or other fixtures are permitted • maximum duration for the event, including set up and removal cannot exceed 5 days • noise levels, lighting, parking and traffic associated with the event does not create any significant adverse impact on surrounding residential areas • the owner/developer shall notify the Planning Department at least three working days prior to the event

24. Childcare Center

It is the intent of this Designation to provide a childcare facility or facilities for the community generated by the land uses within the boundaries of the PUD designation. A Childcare Needs Assessment (“Assessment”) prepared by the Owner/Developer has shown a need for a Childcare Facility (“Facility”) in the Basin, with the Assessment showing a need for a Facility that can care for 80 children. Accordingly, the Owner/Developer agrees to:

a. The Owner/Developer shall provide fee title, or other property interest approved by the County, which approval will not be unreasonably withheld, in a building site or floorspace in an existing building to (i) a qualified, approved childcare organization or (ii) to the County, under such terms and conditions approved by the County in writing, which approval will not be unreasonably withheld. The County can only request land dedication for a Facility and not floorspace, however, the Owner/Developer may volunteer to provide floorspace at its sole discretion. The Owner/Developer shall dedicate land for a Facility within the boundaries of the PUD where such a use is permitted, preferable in the Wintergreen Neighborhood, no later than 12 months after the County requests a building site be provided. The size and general characteristics of the building site or floorspace so donated or dedicated shall be sufficient in terms of size and accessibility to allow the childcare organization or the County to construct the Facility for 80 children in accordance with all applicable regulatory requirements (eg. at-grade water/sewer services, adequate ingress/egress, space for an outside play area, lighting/ventilation). In no event, however, shall the Owner/Developer be obligated to construct or install roads or water, sewer, electric, gas or other utility lines or facilities, if only a building site is dedicated. b. Assist a childcare organization with obtaining financing to fund the design, construction and furnishing of a facility that shall be licensed and operated in accordance with all applicable state and local requirements. Owner/Developer may, but shall not be obligated to, provide any portion of such financing or provide any guarantee or security therefore. c. If and when a childcare center is built, such facility shall be available for use for childcare on a space available basis by all residents and employees of the Snake River Basin, not just employees of the Owner/Developer.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 40 of 48

d. The childcare center shall be licensed and operated in accordance with all applicable state and local requirement.

The County and the Owner/Developer agree that a site has been identified by the County in the southeast portion of Wintergreen Parcel A that the County would like conveyed to fully satisfy this provision. Should the County desire to pursue conveyance of this identified site to fully satisfy this provision, the Owner/Developer agrees to provide fee title to the County by March 22, 2018 or other date mutually agreed upon by the County and the Owner/Developer. Upon conveyance, the Owner/Developer shall have fulfilled the obligations listed under Section C.24.(a).

25. Caretaker Units

Where caretaker units are permitted as conditional uses per Section A.1 of this PUD Designation, such units shall be reviewed by the Planning Department for compliance with the applicable caretaker unit provisions of the Development Code, and this section of the PUD (Section B.25) using the conditional use permit procedures of the Development Code. The Planning Department’s review of caretaker units shall include a written notification to adjacent property owners within 300 feet of any boundary of the property proposed for such a unit. Caretaker units shall be designed to retain the single family character of a neighborhood. Caretaker units shall also provide parking in addition to the primary residential parking requirement per the specifications of the Development Code. The maximum number of caretaker units shall not exceed 50% of a neighborhood’s permitted residential density.

26. Transit

VSR shall ensure that an adequate public transportation system (mass transit) is provided connecting the Tenderfoot and Parcel H parking lots to the ski base areas.

Upon issuance of a Certificate of Occupancy for the first Seasonal Housing building to be constructed on Wintergreen Parcel A, the Owner/Developer shall provide or cause to be provided transit service to Wintergreen Parcel A, consistent with transit service provided by or on behalf of the Owner/Developer to other employee housing locations owned and operated by the Owner/Developer throughout Keystone Resort.

27. Multi-Purpose Recreational and Training Facility

In addition to the applicable site plan review requirements of the Development Code and this PUD, the following provisions shall be met for the Multi-Purpose Recreation and Training Facility on Parcel G of the Lakeside Neighborhood:

a) The outdoor recreational activities on the Facility and surrounding grounds are limited to operation between 8:00 a.m. and dusk b) High-tech sound dampening materials, reflecting best management practices for noise control, including but not limited to Teflon ramp coatings, shall be used on the outdoor skateboard ramps in order to mitigate noise. c) Outdoor lighting of the facility shall be limited to security lighting that is downcast and does not create off-site glare. d) Additional landscaping shall be installed to adequately buffer the development from adjacent residential projects, as determined by the Review Authority during the Site Plan Review process in accordance with the provisions of Section 3600 of the Development Code. e) Accent landscaping shall be installed along the Highway 6 corridor, as determined by the Review Authority during the Site Plan Review process in accordance with the provisions of Section 3600 of the Development Code. f) The Owner/Developer shall establish a picnic area/pocket park, containing of at least one picnic table and a trash receptacle, on the area north of the proposed pavilion prior to the issuance of a Certificate of Occupancy for the Aerial Training Jump. Further, a public access easement for the park must be

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 41 of 48

recorded prior to the issuance of a Certificate of Occupancy. g) If the driveway to the Facility on Parcel G generates a significant increase in motorized traffic, the applicant shall construct an attached recreational pathway lane to the driveway in the existing access easement to enhance pedestrian access to and through the site. Such increases in traffic shall be measured by the County through an analysis of average daily trips, and the significance of such traffic increases in relation to the need for construction of an attached bike lane shall be determined by the Open Space and Trails Department. h) The applicant shall be required to design and construct a bridge or other appropriate structure to span the drainage on the south side of the property where the recreational pathway is proposed adjacent to Highway 6, prior to the issuance of a Certificate of Occupancy for the Facility. Said structure shall be subject to the review and approval of the County in accordance with the County Road and Bridge Standards. i) The Owner/Developer shall re-locate and construct improvements to the recreational pathways on Parcel G as follows: i. Relocate the recreational pathway to the north of the aerial training jump. ii. Widen the recreational pathway to the north of the pavilion in accordance with the standards approved by the Fire Authority prior to the issuance of a Certificate of Occupancy on the Pavilion. iii. Resurface all existing recreational pathways on Parcel G. iv. Install a new recreational pathway adjacent to Highway 6 on Parcel G as depicted on the conceptual development plan. The location of the recreational pathway shall be reviewed and approved by the Open Space and Trails Department and any applicable Review Authority.

Unless otherwise provided above, said improvements shall be completed prior to the issuance of a Certificate of Occupancy for the aerial training jump. Moreover, the Owner/Developer shall record a public access easement for such recreational pathway improvements as necessary prior to the issuance of a Certificate of Completion for those improvements. j) Prior to site plan approval for the Facility, the County Engineer shall review and approve the design of the parking lot proposed to serve the Facility. Said review shall be focused on ensuring the functionality and viability of the traffic circulation in such lot in accordance with Section 5107.03 and 5107.04 of the County Road and Bridge Standards. k) Bear proof trash containers are required for any outdoor trash receptacles on site. Any trash receptacles that are not permanently affixed to the ground must be brought indoors each night. l) The applicant shall seek alternatives to the color of the pavilion in order to mitigate the visual impacts from the Tennis Townhomes. If practicable and attainable, muted and natural colors shall be utilized for the Pavilion to help lessen any visual impacts on adjacent properties. Nevertheless, the final color shall be subject to review and approval by the County during the required site plan review. m) Prior to the erection of the bronze sculpture proposed for the site, the skate park or any other modifications not requiring a building permit, such sculptures or facilities must be reviewed and approved under a Staff level site plan review process in accordance with Chapter 3 and Chapter 8 of the Summit County Land Use and Development Code. n) Retaining walls shall be used for construction of the aerial training jump and immediately surrounding site in order to 1) maximize the tree buffer between the jump and the Tennis Townhomes; and 2) lower the height of the jump to the maximum extent practicable. o) The Owner/Developer shall construct the aerial training jump on non-enclosed structural supports. p) The training jump shall be painted natural colors as approved by the Snake River Planning Commission. q) As part of the site plan process the applicant must submit an analysis from a certified engineer that addresses the practicability of at least partially dismantling the aerial training jump each winter to lower the height of such structure and minimize visual impacts when not in use. r) The County reserves the right to require the Owner/Developer to submit a parking analysis if parking problems are observed, and if necessary to propose a County-initiated modification to the PUD to require additional or alternative parking. s) The facility must adhere to all commercial and industrial operation noise limits set forth in Section 3512.05 of the Development Code.

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 42 of 48

C. UTILITIES AND IMPROVEMENTS

Minor utility facilities as defined in the Summit County Land Use and Development Code are permitted in all parcels within the Keystone Resort PUD.

1. Water System

Water will be provided by the Snake River Water District. Construction of all water lines and other improvements shall be in conformance with the rules and regulations of the District.

2. Sewer System

Sanitary sewer service will be provided by the Snake River Sewer Facility. Construction of all sewer mains and other improvements shall be in conformance with the rules and regulations of the County.

3. Access

Primary access to the PUD shall be provided via US Highway 6. Internal access shall be provided via a system of paved public and private roads as illustrated in the Development Plan. Access easements capable of meeting County driveway standards shall be supplied at time of subdivision or site plan to all adjacent lands requiring access.

Primary roadways shall be constructed to the County's Collector Road requirements as outlined in Section 5103 of the Summit County Land Use and Development Code. Primary roadways within the PUD are East and West Keystone Road and Soda Ridge Road. The design of all internal roadways shall meet the standard for Neighborhood Roads as shown in Exhibit J. Uncovered ramps which access parking lots may exceed 6% grade, up to a maximum 12% grade provided such ramps are heated and there is an association or organization in place with clear maintenance responsibility for the parking area and ramp. Roads in environmentally sensitive areas may be subject to variance review as permitted in Section 5103 of the Summit County Land Use and Development Code. Span bridges are required for all crossings of the Snake River. It is the intent of Summit County to review road standards for resort and environmentally sensitive areas.

Construction of Independence Road through Ski Tip Parcel C shall meet the requirements of an internal roadway, provided that the traffic generation does not exceed the requirements of the Code for a local access road.

Phasing of road improvements shall be as follows:

a. Certificates of occupancy for more than 501 actual units shall not be issued until such time as the improvements to the Swan Mountain Road/Highway 6 intersection described below are completed. Employee units are exempt from all requirements under this section.

b. The Owner/Developer will install a permanent car counter on Highway 6 in the vicinity of the Snake River bridge west of the Swan Mountain Road intersection. The installation of this counter shall occur before November 1995. In order to more accurately reflect the actual traffic conditions on Highway 6, both the County and the Owner/Developer agree to review the traffic data generated on a biannual basis and consider possible refinements to provisions of this PUD related to traffic improvements.

c. Additional units, in excess of the 501 units described above, may be constructed until Highway 6 traffic exceeds 75% capacity or 1600 VPH. This capacity volume shall be the average of the two way peak hour traffic volume measured from December 15 through March 31.

d. When the Highway 6 traffic has exceeded such thresholds, the Owner/Developer shall not be entitled to receive certificates of occupancy for any additional units until such time as the appropriate parties

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 43 of 48

have entered into a construction contract for the widening to four lanes of Highway 6 between Dillon and Keystone. After the execution of such contract, the Owner/Developer shall be entitled to continue to receive certificates of occupancy for 250 additional equivalent units, on the condition that (1) construction shall commenced within 12 months after the date of execution of the contract and (2) construction is substantially completed within 18 months of the date of execution of the contract. After completion of the improvements there shall be no further restrictions on the number of units the Owner/Developer may develop under this Section (C.3).

e. The improvements at the Swan Mountain Road/Highway 6 intersection described above entail the widening of Highway 6 to provide two through lanes in each direction. All left and right turn lanes which exist today (on both Highway 6 and Swan Mountain Road) would be retained in the design. The length of the lanes and the appropriate tapers to accomplish this widening would be determined on the basis of Colorado Department of Transportation design standards. In addition, the signal installation would be modified appropriately to accommodate the intersection geometric revisions.

The grade separation to provide secondary access to Highway 6 from Montezuma Road shall be built when peak PM hour trips on East Keystone Road between Highway 6 and Old Montezuma Road exceeds one of the following scenarios:

DAY SKIER PARKING TRIP GENERATION SERVED BY EAST KEYSTONE ROAD FROM RIVER RUN/SKI TIP/MOUNTAIN HOUSE NEIGHBORHOODS Over 2,900 day skier spaces immediate construction 2,900 - 2,301 spaces 65 vehicles/hour 2,300 - 2001 spaces (East lot removed) 250 vehicles/hour 2,000 - 1601 spaces (Gondola lot removed) 335 vehicles/hour 1,600 spaces (both lots removed) 450 vehicles/hour

The additional vehicles per hour shall be determined by using the following peak trip generation factors for River Run/Ski Tip development:

Lodge/hotel .30 vph/bedroom Multi-family .33 vph/bedroom Single family .21 vph/bedroom

The costs associated with constructing the grade separation shall be the responsibility of the Owner/Developer. Site plan approvals for any project which will cause the limits stated above to be exceeded shall not be granted until a plan for construction of the interchange has been prepared by the Owner/Developer and approved by the County and the Colorado Department of Transportation. No additional certificates of occupancy shall be granted if the Owner/Developer does not make a good faith effort to comply with the approved plan. All efforts shall be made to avoid the placement of additional traffic signals in the resort area.

Soda Ridge Road requires improvements to separate existing vehicular and pedestrian/bicycle uses. Trail improvements shall be constructed to encourage pedestrians and bicycles to use trails rather than the road.

Any roads within Parcel C of the Old Keystone Neighborhood will be accessed from Highway 6 only. There will be no access from Highway 6 through Parcel C to Soda Ridge Road or Keystone Ranch Road except for emergency vehicle routes.

The Owner/Developer agrees to participate with Summit County in exploring alternative means of transportation and methods to improve traffic patterns within Summit County and along the I-70 corridor.

f. The improvements to Montezuma Rd., from the Montezuma Rd. crossing of the North Fork of the Snake River to the east end of the Trappers Crossing Condominiums shall be cost-shared by the

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 44 of 48

Owner/Developer and Summit County Government, as set forth in a site specific development plan and associated development agreement.

g. A permanent emergency access drive onto Montezuma Rd. is permitted in the River Run Neighborhood between “The Springs” Condominium Building and the North Fork of the Snake River provided that such access is gated with an access gate that is similar to the design of the Parcel H Parking Lot access gates, as conceptually shown in Exhibit Q. The final design of such gate shall be determined during the site plan review process for Lot 4A of the Base 1, Filing #2, 5th Subdivision Exemption. Such access may also be used for construction access for development on Lot 4A until the project is issued a full certificate of occupancy. After a full certificate of occupancy is issued for the project, access shall be strictly limited to emergency and pedestrian and recreation access. Any trees or shrubs removed for construction of this emergency access shall be replaced on a caliper per caliper basis, on the lot where the vegetation was removed, in the general location of the Montezuma Road landscaped buffer (50 foot setback area) and in a location approved by the Planning Department.

4. Fire Protection

Fire protection will be provided by the Lake Dillon Fire Protection District or its successors or assigns. All construction within the PUD shall conform to the currently adopted fire code(s) in effect at the time building permits are requested.

The Owner/Developer shall enter into an agreement with the Fire Protection District to provide a parcel of land of approximately 1.2 acres, located within Parcel A, Lakeside Neighborhood upon which to construct a new fire station and ambulance facility. The agreement shall require that the County ambulance facility be allowed on such parcel at no cost to the Ambulance Service, however, neither Owner/Developer nor the District shall be required to construct such ambulance facility.

5. Landscaping

Landscaping within all developments shall be installed in accordance with a detailed landscaping plan approved by the County with each site plan review. Landscaping plans shall identify significant existing stands of trees and seek to protect existing trees where possible.

Landscape planning should generally focus on restoration of the native landscape thereby restoring wildlife habitat and eliminating the need for irrigation after the initial grow-in period. In areas where a more "formal" landscape is desired, such as River Run Village, native plants shall be used and water conserving irrigation methods shall be utilized.

Landscaping for the lots along Montezuma Road in A Replat of Tracts A and B, Settler’s Creek #3 shall be completed concurrently with the construction of the roadways for that subdivision.

The landscaping shown in Exhibit Q shall be constructed concurrently with the construction of the first phase of the Parcel H Parking Lot. During the required site plan review for the Parcel H Parking Lot, it shall be determined what entity is responsible for replacing any of the trees on the site plan if they are damaged or destroyed, especially since there are several trees being proposed in the Montezuma Road Right-of-Way. A forest management plan for Parcel H and the surrounding open space areas to ensure existing trees remain healthy shall be submitted with the required Parcel H Parking Lot Site Plan.

D. GENERAL PROVISIONS

1. Enforcement

The provisions of the planned unit designation and the development plan relating to the use of land and the location of common open space shall run in favor of Summit County and shall be enforceable at law or in equity by the County without limitation on any power or regulation otherwise granted by law. Other

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 45 of 48

provisions of the planned unit development designation and the development plan shall run in favor of the residents, occupants and owners of the planned unit development, but only to the extent expressly provided in, and in accordance with the terms of, the planned unit development designation and the development plan. Provisions not expressly stated as running in favor of the residents, occupants or owners of the planned unit development shall run in favor of the County.

2. Breach of Provisions of PUD Designation

If any time any provision or requirements stated in the planned unit development designation has been breached by the Owner/Developer, the County may withhold approval of any or all site plans or plat maps, or the issuance of any or all grading or building permits or occupancy permits applied for on the Property, until such breach has been remedied; provided, however, that the County shall not take affirmative action on account of such breach until it shall have first notified the Owner/Developer in writing and afforded the Owner/Developer a reasonable opportunity to remedy the same.

3. Binding Effect

4. Amendments

Amendments to the provisions of a planned unit development designation shall be reviewed and acted upon as a rezoning application, subject to the County's procedures for zoning amendments and to the requirement for findings under the Planned Unit Development Act of 1972 at CRS 24-67-106(3)(b), unless such amendment is determined to be minor in nature.

5. Notices

All notices required by this designation shall be in writing and shall be either hand-delivered or sent by certified mail, return receipt requested, postage prepaid, as follows:

Notice to County: Notice to Owner/Developer

Board of County Commissioners Vail Resorts Development Company P.O. Box 68 Attention: Director of Development P.O. Box 38 (dept. k61) Breckenridge, Colorado 80424 Keystone, Colorado 80435

Intrawest Placemaking 1050 17th St. Ste. 1250 Denver, CO 80265

All notices so given shall be considered delivered three days after the mailing thereof, excluding weekends or official holidays. Either party, by notice so given, may change the address to which future notices shall be sent.

6. Entire Designation

This designation contains all provisions and requirements incumbent upon the Owner/Developer relative to the Keystone Resort Planned Unit Development, except as modified by subsequent action of the Board

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 46 of 48

of County Commissioners in accordance with procedures set forth in the Summit County Land Use and Development Code and the Colorado Planned Unit Development Act (CRS 24-67-106) for amending planned unit developments, and except that nothing contained herein shall be construed as waiving any requirements of the Summit County Land Use and Development Code or other regulations otherwise applicable to the development of the Property.

7. Effective Date

This designation must be signed by both the Summit County Board of County Commissioners and the Owner/Developer and must be recorded by the Summit County Clerk and Recorder in order to become effective. The effective date shall be the date of recordation.

8. PUD Review Requirements

9. Relationship to Original PUD Designation and Previous Amendments

This PUD designation supersedes all previous PUD designations covering the real property included within this PUD. To the extent the provisions of this revised PUD Designation are the same in substance to the provisions of earlier approved versions of this PUD designation, they shall be considered as continuations thereof and not new enactments.

IN WITNESS WHEREOF, THE County and the Owner/Developer have executed this Designation as of the date first written above

BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY COLORADO

/s/ RICK HUM, CHAIRMAN Rick Hum, Chairman ATTEST:

/s/ DORIS L. BRILL, CLERK & RECORDER Doris L. Brill, Clerk and Recorder

Keystone/Intrawest L.L.C., a Delaware limited liability company

By: Intrawest Resorts, Inc., a Delaware Corporation Manager By: /s/ GARY RAYMOND Title: Vice President

ATTEST:

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 47 of 48

APPROVAL OF AMENDMENTS

The foregoing document is the Keystone Resort Planned Unit Development Designation as approved and signed by the Summit County Board of County Commissioners on the 27th day of March, 1995 and recorded at Reception No. 489686 and as amended by the Summit County Board of County Commissioners as follows:

Resolution Number Reception Number

95-57 497556 97-11 533437 97-63 541073 97-87 542780 98-09 557596 98-68 568328 98-46 571172 98-67 577718 98-68 568328 99-53 600165 99-93 604038 01-06 645899 02-26 687129 02-37 683375 02-36 687132 02-70 693692 03-81 741273 04-46 758405 04-59 760985 05-59 798669 06-35 824741 09-34 922926 10-79 957651 13-03 1020945 13-63 1039655 14-07 1050711 16-39 1112867 16-50 1122286 16-74 1123986 17-13 1138075 17-46 1148568 17-35 .1153247 The planned unit development document dated the 27th day of March, 1995 and recorded at Reception No. 489686 and revised to incorporate the amendments approved as noted above shall remain in force as revised. The foregoing document is issued as a continuation of the original document. Copies of the original Planned Unit Development Designation and the amendments noted above are available from the Summit County Clerk and Recorder.

Adopted this 12th day of March, 2019. 22nd day of May, 2017. COUNTY OF SUMMIT STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS

Karn StiegelmeierThomas C. Davidson, Chair ATTEST:

Kathleen Neel, Clerk and Recorder

Keystone Resort PUD Approved May 22, 2017March 12, 2019 Page 48 of 48