No preview available
HomeMy WebLinkAboutC05-312 Fox Hollow PUD PLANNED UNIT DEVELOPMENT AGREEMENT COUNTY OF EAGLE, STATE OF COLORADO AGREEMENT NUMBER: Fox Hollow Planned Unit Development File Number: PDP-00030 WHEREAS, on or about February 28th of2005, Fox Hollow, LLC (hereinafter referred to as the "Developer"), did file an application with the Eagle County Department of Community Development, State of Colorado, pursuant to Article 5 of the Eagle County Land Use Regulations, for a Preliminary Plan for the Fox Hollow Planned Unit Development (hereinafter referred to as "PUD"), said development is a mixed use development including approximately 21,000 square feet of selected light commercial uses and 26 residential units on approximately 5.2 acres ofland within the Community Center of Edwards. Concurrent with the approval of a Preliminary Plan for PUD, the Developer and the Board of County Commissioners shall enter into a Planned Unit Development Agreement (hereinafter referred to as the "Agreement"), binding the PUD to any conditions placed in the Resolution and this Agreement; and WHEREAS, said Agreement shall include a Common Open Space/Landscape Plan and Housing Plan; and WHEREAS, said Agreement shall set forth how the landscaping proposed for the PUD will comply with Eagle County Land Use Regulations Section 4-240 Installation and Maintenance Requirements; and WHEREAS, said Agreement shall set forth how the Housing Plan proposed for the PUD will comply with Eagle County Land Use Regulations Section 5-240.A.6; Affordable Housing pursuant to Eagle County Housing Guidelines; and WHEREAS, said Agreement shall ensure installation of necessary public improvements planned to accommodate the development; and WHEREAS, pursuant to Article 5-240.F.3.h. items (1) through (4) ofthe Eagle County Land Use Regulations, the Eagle County Board of Commissioners finds that the following shall set forth the performance section of this Planned Unit Development Agreement. NOW, THEREFORE, in consideration of approval of the Preliminary Plan for PUD, and the promises, covenants, and agreements to be kept and performed by the parties hereto, it is agreed: L CONDITIONS IN THE RESOLUTION The PUD, including Developer and successive owners of any part thereof, is bound to all of the conditions placed in the Resolution approving the PUD Preliminary Plan. 2. COMMON OPEN SPACE AREASILANDSCAPE PLAN 2.1 Common Open Space Areas/Landscape Plan. Developer agrees to be bound by its verbal and written assurances as to its Common Open Space and Landscape Plans. The Plans must outline the areas of common open space, parks, trails and recreation lands. The Plan must specify how the preservation of these lands is to be implemented, identify deed or other restrictions against development and include terms by which any common areas are to be maintained. The Plan must be submitted with the application for Final Plat approval and must be approved by the Board of County Commissioners before approval of the Final Plat. 3. LANDSCAPE AND PUBLIC IMPROVEMENT GUARANTEE 3.1 Landscape Plan. Developer agrees to submit with the application for Final Plat approval a Landscape Plan that complies with the Landscape Plan submitted with the Preliminary Plan and found to be in compliance with Section 4-240 Installation and Maintenance Requirements. Minor modifications may be approved provided that the Plan continues to comply with Section 4-240 Installation and Maintenance Requirements. The Landscape Plan must be approved by the Board of County Commissioners as part of a Subdivision Improvements Agreement prior to approval of the Final Plat. 3.2 Agreement to Collateralize Landscaping. The Developer agrees to provide collateral in a form acceptable to the County Attorney to ensure landscaping complying with the approved Landscape Plan will be installed in all public Rights of Way. Developer agrees to provide collateral for no less than one hundred and twenty- five percent (125%) of the estimated cost of the landscaping improvements. The Developer may provide collateral for each phase of a phased PUD. Developer agrees that the guarantee shall be provided prior to initiation of any land clearing or infrastructure development for the phase or the PUD, whichever is applicable. 3.3 Release of Landscape CollateraL As portions of the landscape improvements are completed, the Community Development Director shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that the ten percent (10%) shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five percent (25%) shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. 3.4 Public Improvements Agreement. Developer agrees to execute a Subdivision Improvements Agreement (hereinafter referred to as the "SIA") prior to 2 approval of a Final Plat for PUD. The SIA will contain, among others, the following provisions: A. Specification ofImprovements. The improvements to be installed shall be specified, and shall include requirements as set forth in Article 4 of the Eagle County Land Use Regulations. B. Certificates of Insurance. The Developer shall secure from any contractor or subcontractor engaged in the work necessary to comply with the SIA a Certificate of Insurance providing for liability protection in the minimum amount of$150,000 per individual and $600,000 per occurrence, naming the County as an additionally named insured. The Developer, if it serves as the contractor for the PUD Improvements, shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. C. County Incurs No Liability. The County shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the PUD and/or PUD Improvements specified in the final PUD Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said work on the PUD Improvements, but all of said liabilities shall be and are hereby assumed by the Applicant. The Developer hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any performance by the Developer hereunder; and the Developer shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer may have. D. Collateral. Developer agrees to provide collateral in a form acceptable to the Eagle County Attorney to ensure public improvements are installed according to the development approval for no less than one hundred percent (100%) of the estimated cost of public facility improvements, as estimated by the Developer and approved by the County Engineer, As portions of the public 3 facilities improvements are completed, the County Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed cost for that portion of the improvements except that ten percent (10%) shall be withheld until all proposed improvements are completed and approved by the County Engineer. E. Warranty. The SIA shall provide for a warranty period of two (2) years following completion of the last of the improvements. F. Compliance with Land Use Regulations. The Developer shall be required to obtain all necessary permits and comply with the provisions of the Land Use Regulations, including but not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter V), as the same are in effect at the time of commencement of construction of the PUD Improvements referred to herein. G. Sole Responsibility of Applicant Prior to County Acceptance. The Developer agrees and understands that at all times prior to the completion and acceptance of the on and off-site PUD Improvements set forth in this Agreement and the SIA by the County, each of said improvements not accepted as complete shall be the sole responsibility and charge of the Developer. When it is necessary to allow the general public to utilize the roadways under construction by the Developer, traffic control and warning devices shall be placed upon such roadways by the Developer in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. 4. AFFORDABLE HOUSING 4.1 Housing Plan. The Developer has agreed to the Housing Plan submitted with the Preliminary Plan Application that includes the construction of up to 16 very low income housing units and two moderate income affordable units. The Fox Hollow Housing Plan is attached as Exhibit A. An application of the Eagle County Housing Guidelines to the Fox Hollow Planned Unit Development yields the requirement to construct three affordable housing units. Using a ratio of five (5) housing credits for each very low income housing unit as agreed to by Eagle County, the 16 very low income units to be constructed within the Fox Hollow P .U.D. will produce a total of 80 housing credits. Two ofthe affordable units to be constructed as part of the project and one (1) of the housing credits generated from the provision of very low income housing units will be used to satisfY the project's requirement for 3 affordable units, The remaining 79 housing credits will be "bankable" as referenced in the Eagle County Housing Guidelines and more specifically discussed in the attached Fox Hollow Housing Plan. One low 4 income housing unit will be constructed in Tract A within three years from the approval of the Final Plat. 5. GENERAL PROVISIONS 5.1 Severability. Whenever possible, each provision ofthis Agreement and any other related documents shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such subsection or document. 5.2 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification is in writing and signed by all parties hereto. 5.3 Assignability. This Agreement shall be enforceable against the Developer, provided, however, that in the event the Developer sells, transfers or assigns all or part of the subject PUD, the obligations of the Developer under this Agreement as to that portion of the subject Pun may be assumed in writing by the purchaser of the parcel, and the Developer shall have no further obligations hereunder. It is agreed, however, that no such assumption of these obligations shall be effective unless the County gives its prior written approval to such assumption following an investigation of the financial condition of the purchaser. The Developer shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 5.4 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 5.5 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 5.6 Enforcement. At its sole option, the County may enforce the provisions of this Agreement and of any applicable deed restrictions and covenants in the same manner and with the same remedies applicable to the enforcement of land use regulations pursuant to the Eagle County Land Use Regulations, as they may be amended from time to time, or as otherwise provided by law. Alternatively, the terms of this Agreement and of any applicable deed restrictions and covenants shall be enforceable by the Board or its designee by any appropriate equitable or legal action, including but not limited to specific performance, mandamus, abatement, injunction, or forcible entry and detainer. The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies provided by law. 5 5.7 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mail, postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to County: Eagle County Attorney's Office P.O. Box 850 500 Broadway Eagle, CO 81631 (970) 328-8685 Address for giving notice to Developer: Evelyn Pinney, Manager Fox Hollow, LLC 680 West Lionshead Place Vail, CO 81657 (970) 926-0918 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of OC\C:l~e,K ,2005. ~t.('.~ . DUul",,\By: . > Clerk to the Board of County Commissioners DEVELOPER: FOX HOLLOW, LLC 7 FOX HOLLOW HOUSING PLAN Exhibit A August 1,1, 2~O5 The housing plan for the Fox Hollow P.U.D. provides for affordable housing above the current requirements, and above the recommended Local Housing Plan guidelines. Up to 16 duplex units will be sold significantly under market to low income families through the Habitat for Humanity program. These families will qualify under the wo more difficult to seNe categories comprising between one and two average wage salaries in' Eagle County. Habitat for Humanity has been serving the needs for local affordable housing in Eagle County since 1996. In addition 'to the resulting housing, this project will help bring attention to the affordable housing shortage in the County, through its high- visibility location and use of local volunteer Jabor and suppliers. The remaining dwelling units proposed for the project will also be designed for startup housing and generally address the categories of one to three average wage earners identified in the Eagle County Comprehensive Housing Plan as a targeted population. This Fox Hollow Housing Pfan addresses the County local Housing Plan guidelines as follows: . Using the projected number of market residential units and estimated square footage of both market units and commercial space, the Fox Hollow development would require 1 moderate income housing unit, and 2 Jow income housing units. The total number of affordable units would be three (3). . The PUD Preliminary Plan as approved by the Board of County Commissioners provides for two (2) employee housing ,or live/work units and up to sixteen (19) Habitat for Humanity units on site. \ . . . The sixteen, low income, Habitat fOf Humanity units provides affordability to persons making 60% or less of the Area Medium Income. .. These additional units are considered a benefit to the community as a whole and should be considered eligible for Affordable Incentives under the Eagle County Housing Guidelines. . The Preliminary Plan for the Fox Hollow PUD has reduced the commercial component of the project from 28,000 sf to 20,500 sf, reducing the requirement for local resident housing from six (5.78) housing units' to three (3) units . The Fox Hollow PUD currently plans for up to sixteen "very low income housing units", and two employee housing units. The County Housing Guidelines do not address housing for the lowest income families. Based on the attached Payment in lieu Calculations as provided by the Eagle County Housing Department, the applicant proposes that each of these units would qualify for five (5) housing credits, rather than the normal one (1) credit for Moderate Income units. . Based on this calculation, the Fox Hollow PUD would qualify for 80 affordable housing credits for the Habitat units, and two credits for the live/work housing units planned for Parcel E, for a tot,al of 82 bankable housing credits. After applying the required :3 affordable units generated from the' remainder of the project, this would leave a balance of 79 bankable housing credits. . Based on the Eagle County Housing Guidelines, it is our understanding that bankable housing credits are fully transferable, and may be renewed after the initial five years validation period. We request that Eagle County issue a separate resolution regarding the acceptance of these housing credits upon approval of the tOX Hollow PUD Final Plat. Fox Hollow Housing Plan 1 August 11, 2005 CALCULA TlON OF AFFORDABLE HOUSING REQUIREMENTS: Based on the formula for employment linkage attached as Exhibit D to the Housing Guidelines, the required affordable housing required by the construction of 20,500 sLof commercial space is 2.58 dwelling units. 20,500/1000: 20.5 20.5 x2.9 jobs/i,OOO =59.45 jobs 59.45 jobS/i.2 jobs/person: 49.54 employees 49.54 employees/1.92 employee per household: 25.80 households 25.90 x.1 = 2.58 d.u. required Based on theinclusionary housing ratio recommended in Section 3-110 of the Housing Guidelinesl Residential cjevelopments of more than 4 units should include up to 10% of the total units developed as Local Resident Housing for qualified moderate, low and very low income households. Fox HoIlow includes 8 residential units. Using the maximum 10% ratio, 0.8 affordable units would be required. The total number of affordable units wOLild be 3.38 rounded down to 3, consisting of 1 moderate income and 2 low income units. CALCULA TION OF HOUSING CREDITS: The Eagle County Housing Department has utilized various approaches to calculating the affordable housing 2005 Payment in Lieu fees which are recommended for developments in Eagle County. Under the current scenario, the fee in lieu requirement for a Moderate Income Unit is $31,836, while the fee in'lieu requirement for a Low Income Unit is $71,175. The fee calculation for the Very Low Income unit is $158,427. In using the current fee-in-Iieu calculation, the fee requirement for the Very Low Income unit is 4.976 times the requirement for the Moderate Income Unit ($158,427 + $31,836). In other words, the value of providing a Very low Income unit is approximately 5 times the value of providing a Moderate Income Unit Equally, if one Moderate Income Unit has a housing credit of one (1), then the equivalence fora Very Low Income unit would be five (5). FOX HOLLOW HOUSING CREDIT CALCULATIONS: 16 X 5 = 80 Habitat for Humanity Units for Very Low Income 2X 1: 2 LivelWork Employee Housing Units 82 Total Affordable Housing Credits, less three (3) recommended units based upon balance of project uses, leaves a total of 79 bankable Housing Credits. Fox Hollow Housing Plan 2 August 11, 2005 HABITA T FOR HUMANITY HOUSING POLICIES: listed below are the basic guidelines for qualifying families who obtain housing with Habitat for Humanity: 1. N(::ED A. Familie$ will be considered for a Habitat home if their present housing is not adequate, and are unable to obtain adequate housing through conventional means. Lack of adequate housing may include problems with: the present structure; water, electrical, or sewage service systems; heating system; etc. Also taken. into consideration are the number, the ages ,and the sex of children ' compared to the number of bedrooms in the present home. B. The percentage of monthly income that is currently spent on housing is considered to determine need. C. Applicant families must CUrrently live in Eagle or Lake Counties. The family will be considered if the total income is within the 25 - 50% range of the federal median income guidelines, using 2005 figures: Eagle County- . Familv Size Gross Annual Income One $16,800 - 28,000 Two $19,200 - 32,000 Three $21,600 - 36,000 Four $24,000 - 40,000 Lake County- Familv Size Gross Annual Income One $11,300 -18,850 Two $12,950 - 21,550 Three $14,550 - 24,250 . Four $16,150 - 26,950 2. ABILlTYTO PAY Since the family will actually be buying the home from Habitat, they must demonstrate the ability to pay the monthly mortgage payment. This payment will include not only the principal loan payment, but also the payment for real estate taxes and homeowners insurance. Habitat will help to determine if this payment will jeopardize the family's ability to meet all other family financial Obligations and , . expenses. Habitat will also help to develop a famify budget to determine eligibility. There is no interest an.d zero profit on the loan for a Habitat home. 3'. WILl,.INGNESS TO PARTNER WITH HABiTAT A. When selected, the applicant becomes a "partnerfami/y" in the Habitat ministry. To become a "partner family", the family must complete 250 - 500 hours of volunteer work with Habitat, which will count toward the total "sweat equity" contribution to be completed before becoming a homeowner. The family's assistance in constructing the home and the homes of others is called "sweat equity", and includes a large number of hours working on the construction site, attending educational workshops and participating in volunteer appreciation activities. F 0)( Hollow Housing Plan 3 August 11, 2005 B. The selected family will be responsible for maintenance and repairs of the house from the time of moving into the home. C. Both before and after moving into the home, the Family Partnership Committee will maintain an ongoing relationship with the family, which includes financial counseling; legal aspect of homeownership and household maintenance education. In the unlikely event that Habitat for Humanity of Lake and Eagle Counties is somehow unable or unwilling to participate in the Fox Hollow project, we would commit to using the housing credits to build, or have built, affordable housing that is consistent With the Eagle County Housing Guidelines. Fox Hollow Housing Plan 4 August ii, 2005 FOX HOLLOW PLANNED UNIT DEVELOPMENT GUIDE Revised August 18, 2005 Section 1.00 Development Controls - P.U.D. Guide Section 1.01: Introduction. This Development Guide sets forth the land uses and development standards for all lands within the property, known as the Fox Hollow P.U.D. This Guide defines the permitted use of land; regulates the bulk, height, minimum site area, minimum site width, minimum and maximum yard spaces for structures; provides for existing transportation corridors; open space and recreational areas; and provides additional supplementary regulations. This Guide is authorized pursuant to Resolution - approving the Preliminary Plan for the Fox Hollow development. This Guide is intended to replace the original P.U.D. Plan and Zone Change approved by the Eagle County Board of County Commissioners ("BOCC") in July 2002, file numbers PDP-00022 and ZC-00050, respectively. The specific provisions of this Guide shall supersede those of the previous Guide. Where the Guide is silent, the provisions of the Eagle County Land Use Regulations shall govern. Section 1,02: Purpose. The primary purpose of this Guide is to establish the standards, restrictions and regulations which govern development and land use within the lands within the Fox Hollow Parcels and to incorporate into this Guide any amendments hereto approved by the Board of County Commissioners ("BOCC") for Eagle County, Colorado. Additionally, the purpose of this Guide is to insure that the Fox Hollow Parcels are developed pursuant to the land uses as identified in the Preliminary Plan and described herein. The Guide will insure the orderly and compatible development of the property. The Guide supplements the standard zoning provisions of Eagle County with site specific restrictions that are more appropriate to the specific conditions of lands contained within this development. Section 1.03: Intent. The Fox Hollow P.U.D. is intended to be a balanced development that incorporates a variety of land uses including low-impact commercial and a mix of residential development. This Guide remains somewhat flexible to allow for changes and innovations in specific design as the project progresses through its multi- year development schedule. These changes will be permitted only as they remain consistent with overall character and standards, as defined throughout this Guide and as approved by the SOCC. Section 1.04: Enforcement. The provisions of this Guide are enforceable by the authority and powers of Eagle County, as granted by law. Enforcement action shall be consistent with the authority and actions defined in the Eagle County Land Use Regulations ("ECLUR"). All provisions of this Guide shall run in favor of the residents, occupants and owners of land within the Fox Hollow Parcels to the extent expressly provided in this Guide and in accordance with its terms and conditions. 2 Section 1.05: Plannino Parcels. All areas within the Fox Hollow P.U.D. belong to one of six planning parcels (the "Fox Hollow Parcels"). Each planning parcel is described herein in further detail and shown on the Development Plan attached as Attachment 1. Section 1.06: Conflict. The specific provisions of this Guide shall supersede those of the Eagle County Land Use Regulations. However, where the Guide does not address an issue, the specific provisions of the Eagle County Land Use Regulations shall prevail. In cases of dispute or ambiguity, the Director of Department of Community Development shall act to interpret. Section 1.07: Incorporation of Development Plan. The development planning for the each Fox Hollow Parcel, as depicted on the Development Plan attached hereto as Attachment 1, shall be used as a general guide in the development of the project. It is anticipated that modifications to this Guide will be necessary from time to time as the project progresses through its development life. This Guide provides two types of modifications: Major and Minor. These two are defined as follows: Section 1.07.02: Maior Modifications. Major modifications shall require amendments to the P.U.D. Preliminary Plan. Major modifications are those changes which would alter the character of the project. Major modifications shall be defined and processed in accordance with Section 5-240.F.3.m, Amendment to Preliminary Plan for P.U.D., of the Eagle County Land Use Regulations. Section 1.07.03: Minor Modifications. Minor modifications are those changes which will not alter the original concept and character of the project but which may result in a change in design of the development. Minor modifications include, but are not limited to, internal road alignment alterations, additions of land uses not previously itemized in this Guide provided that the land use changes are similar in nature to the listed permitted uses and minor shifts in lot locations, and minor adjustment to parcel boundaries that are consistent with intent of the original plan. Changes to the interior access road alignment and building and parking layout on Tract A is permitted through a Minor Amendment. Applications for Minor Modifications shall be processed in accordance with Section 5- 300. Applications for Limited Review Use of the ECLUR may be approved if it is found to be consistent with the established goals of this Guide and the Development Plan for the Fox Hollow Parcel. In addition, Minor Modifications mayor may not require an Amended Final Plat, processed in accordance with Section 5-290, Minor Subdivision, of the ECLUR. Section 1.07.04: Appeals. Appeals of any decision hereunder by the Director may be made to the Board of County Commissioners within 10 days and pursuant to applicable administrative processes. All applications for construction permits, as required by Eagle County including but not limited to building permits, shall be reviewed by Eagle County Planning Staff for conformance to this Guide and Development Plan. 3 Section 1.08: Parkina. Commercial Buildings: 1 space per 300 square feet Residential Lot 3: 3 spaces per unit Residential Lot 4 and Tract A: 2 spaces per unit All Parking spaces shall be paved. Each Parking space shall measure 9 feet by 20 feet. Parking space behind an assigned garage shall qualify as a required parking space. Section 1.09: Impact Control. 1. Wood Burning Devices. No wood burning devices are permitted within the Fox Hollow Planned Unit Development. 2. Maintenance. A Property Owners Association(s) shall be established for the property. One of the responsibilities of the Association(s) will be to establish a budget and dues structure to maintain the open space, driveways, parking, landscape materials and drainage structures located on privately owned property within the Fox Hollow P.U.D. All LotslTracts must be maintained in a clean and litter free condition. Noxious weeds must be controlled and eliminated by the property owner. All land surface disturbed by construction or erosion must be satisfactorily revegetated. Where applicable, dead or down vegetation which may contribute to wildfire hazard must be eliminated by the property owner, including common owners. 4. Minimum setbacks for all new structures within the Fox Hollow Planned Unit Development shall be established by this P.U.D. Guide's dimensional standards for each lot. 5. Landscaping Landscaping within Fox Hollow must recognize the drought conditions that prevail in our western region, and be tolerant of these drought episodes. It should harmonize the building site with both natural topography and existing vegetation, minimizing disturbed areas, while respecting the limitations and best 4 uses of water resources in our area. A list of recommended plants is listed in Attachment 2. 6. All trash stored outside for pick-up must be stored within bear-proof trash containers as provided for in the Eagle County Land Use Regulations. These trash containers, if located outside on a permanent basis, must be screened from view. Requirements: 1. Landscaping must be designed to incorporate water conserving materials and techniques through the application of seven fundamental xeriscape landscaping principles including: a. Planning and designing a landscaped area that groups plants with similar water and sunlight requirements together, b. Creating practical and appropriate turf areas (where necessary), utilizing a lower water-use turf such as buffalograss, blue grama, or turf type tall fescues and fine fescues. c. Use of low water demanding plants and dryland seed grass mixes. d. Use of automatic irrigation systems, designed and operated to conserve water by applying the right amount of water at the right times. e. Incorporation of soil amendments, where appropriate for the site and type of plants proposed. f. Use of Mulches, such as wood chips, to reduce evaporation potential and keep the soil cool. g. Planting appropriate materials suited to the soil and climate, and appropriately maintaining the vegetation once established. 2. Preserve and protect as much existing vegetation as possible. Incorporate existing trees when locating structures. 3. Consideration should be given to use of landscape material for snow fencing, visual screening and wind breaks when applicable. 4. Plant materials should be adaptable to the area and selection and placement should include consideration of function and color coordination. Proposed materials must be called out on plans. No noxious weeds shall be permitted within the development. IrrigationlWatering Requirements: 1. All irrigation shall be subject to the watering schedule as imposed by the Eagle River Water and Sanitation District (ERWSD). 2. Temporary (overhead) sprinkler irrigation is allowed to re-establish native vegetation and seed mixes on otherwise non-irrigated portions of the landscaped areas, however, must be removed 3 year after installation. All disturbed areas will be adequately reseeded and restored on all projects. 3. The use of drip systems for trees and shrubs will be used whenever feasible. 5 Turf Requirements: 1. The following types of ornamental grasses are recommended: Buffalograss, Blue Grama, little Bluestem, Smooth Brome, Crested Wheatgrass or Western Wheatgrass. 2. In all disturbed areas, soil must be prepared with the addition of organic matter, and tilling the soil as deep as possible. The addition of decomposed organic matter (compost, composed horse manure, or com posted chopped straw or hay) is required for turf installation. PARCEL REQUIREMENTS Lot 1 - Veterinary Clinic Parcel Evergreen Trees - minimum of 6 (4 - 6 foot high). Deciduous/Ornamental Trees - minimum of 8 (1.5 - 2 inch caliper) to accent parking areas, provide summer shade and add seasonal color to landscaping. Evergreen Shrubs - minimum of 15 (5 gallon) providing soil stability on berm, and as accents around building. Sod - minimal use of sod in front and sides of building to create an attractively landscaped entry, with the balance consisting of natural grasses and ground covers. Perennial Garden - at entrance of Fox Hollow site to provide an attractive and colorful entry, and directly in front of building as a landscaping accent. Lots 2 and 3 and Tract B - Commercial, Multi-Family and Open Space Parcels Detailed Landscape Plan to be approved by Eagle County through the Site Development Review Process required for these parcels. Lot 4 - Mixed Use Building Parcel Evergreen Trees - minimum of 6 (4 -6 foot high). Deciduous/Ornamental Trees - minimum of 8 (1.5 - 2 inch caliper) to accent parking areas, provide summer shade and add seasonal color to landscaping. Evergreen Shrubs - minimum of 6 (5 gallon) as accents around building. Sod - minimal use of sod in front and sides of building to create an attractively landscaped entry, with the balance consisting of natural grasses and ground covers. 6 Tract A - Duplex Residential Tract (requirements per duplex building) Evergreen Trees - minimum of 2 (4 - 6 foot high). Deciduous/Ornamental Trees - minimum of 4 (1.5 - 2 inch caliper), to accent buildings, provide summer shade and add seasonal color to landscaping. Evergreen Shrubs - minimum of 4 (5 gallon) as accents around building. Sod - minimal use of sod in front and sides of building to create an attractively landscaped entry, with the balance consisting of natural grasses and ground covers. Perennial Garden - small perennial gardens will be allowed in the front and sides of the duplex units, to be planted and maintained by individual residents. Fencing: Due to the proximity of the property to nature wildlife areas and the aesthetic objective of the Planned Unit Development, continuous lot fencing is not allowed within the P.U.D. Privacy fencing is permitted for the back yards of the multi-family and duplex residential units to be constructed on Lot 3 and Tract A. Using fencing for screening and/or buffering of ground-mounted equipment, such as power transformers and air handling equipment is allowed. Such equipment must be screened from public view by either materials integral with the adjacent building, or landscaping, all of which must be specifically approved for the site using the following guidelines: 1. Where applicable, fencing may be used in combination with plant materials. In all cases, however, plant materials must be part of the screening of utility boxes. Meters, phone pedestals, and transformers will occur to the side and rear of the building whenever possible and be appropriately screened. 2. No wall, fence, or planter in excess of two feet in height should be constructed or maintained nearer to the front lot line than the front building setback line. 3. Any street fencing for aesthetic design must be either two or three (split) rail open fences, 4. No chain-link fencing is permitted in the P.U.D., other than in the commercial lot zoned for the veterinary clinic, which may use chain-link fencing around the pet enclosure area. This fencing must be adequately screened with plant materials to minimize visual impacts from any neighboring properties or roadways. Lighting and Illumination Standards: Access to a clear and visible night sky is a strong value to our community. Light pollution is a threat to our clear skies that are part of the heritage of the Rocky Mountain West. Night lighting within Fox Hollow should generally be regulated to minimize the 7 undesirable effects that 'over-lighting' a site or residence can have on a community, neighbors, and guests. At the same time, lighting is desirable for safety and aesthetic purposes. Residential Lighting Requirements: 1. Lighting should be considered as a design feature as well as providing illumination for aesthetic and safety purposes only. There shall be no exposed light source on a property, and all fixtures must utilize frosted or seeded glass. In any case, light fixtures shall not cause glare beyond the property. 2. Floodlights are not permitted. Light spillover to adjacent properties must be minimized. No exposed bulbs are permitted. 3. Lights that flash, move, revolve, rotate, flicker, blink, or vary in both intensity and color to emit intermittent pulsation shall be expressly prohibited as fixed light sources. This does not include holiday/seasonallighting, which is temporary in nature for the holiday season, and must be removed within a reasonable time after the season is over. Commercial Lighting Requirements: Commercial outdoor lighting systems shall serve functional and aesthetic roles in the commercial areas. These roles are: to provide security and visual safety, to serve as directional indicators for both vehicular and pedestrian traffic; to provide for extended outdoor use, particularly in pedestrian gathering areas; and to reinforce the identity and character of a project through form, color and materials of fixtures, visual light quality, and placement. 1. Lighting should be provided for all parking, drive, and walkway areas and may be required as a condition of design approval. In all commercial, retail and office parcels, lighting must be designed and arranged so as not to reflect excessive light upon abutting or adjacent properties. Floodlights are not permitted. 2. Lighting should be considered as a design feature as well as providing illumination. Area lighting shall generally be a metal halide or equivalent, cut-off ' type fixtures with a maximum mounting height of 15 feet for walkways, and 25 feet for parking areas. There shall be no exposed light source on a property, and all fixtures must utilize frosted or seeded glass. 3. Pedestrian areas should utilize low-level light sources to accent or illuminate the ground plane. These design elements should provide light for safety and aesthetic effect. By day, the physical shape and sizes lend animation and scale to pedestrian spaces. 4. Lights which flash, move, revolve, rotate, flicker, blink, or vary in both intensity and color to emit intermittent pulsation shall be expressly prohibited as fixed light sources. This does not include holiday/seasonallighting, which is temporary in nature for the holiday season, and must be removed within 90 days after the holiday season ends. 8 Other Design Standards: Communication and Satellite Dish Antennae Satellite dishes are permitted in commercial areas, however, with restrictions on screening these dishes from neighboring properties and prominent views. Screening may be accomplished through the placement on a building; however, a separately built fence/screen may not be used. Requirements: 1. All antennae shall be located so as to be screened from view from any public right-of-way or neighboring property. Screening may be accomplished by, or through the use of landscaping materials, existing structures, sub-grade placements or other means that both screen the antennae and appear natural to the site. 2. All wiring and cable related to antenna installation shall be installed underground or be incorporated entirely within the structure. 3. Color selection for dish antennae should blend with the site and structure. Unpainted surfaces and dish antennae with reflective surfaces shall not be allowed, and surfaces are required to be painted to match adjacent trim surfaces. No advertising, logos or identification shall be allowed on any dish antenna. Above Ground Tanks and Miscellaneous Structures Requirements: 1. Oil, gasoline or liquid petroleum gas tanks will not be permitted on or above ground. 2. No outdoor storaoe areas will be permitted. No outdoor clotheslines. or permanent trash receptacles are permitted unless they are screened from view. 3. Flues, vents, chimneys, and other mechanical penetrations of a roof on any structure shall be fully enclosed and screened in such a manner as to conform to the overall design character, and equipped with spark arrestors as may be appropriate. 9 Section 1.10: Sians. All signs within the Fox Hollow Parcels must comply with the provisions of Section 4.3 of the ECLUR, unless permitted herein. Permitted Signs: A. Monument Signs. Location: P.U.D. Entrance at Highway 6/24 Maximum Size: 6'H x 10"W Features: Constructed as a stand-alone, base mounted structure with materials to match the building architecture. Lighting: Externally illuminated or shielded down light placed in sign structure. B. Identification Signs, Location: At each of the commercial access roadway/driveway intersections. Maximum Size: 6'H x 6"W Features: Constructed as a stand-alone, base mounted structure with materials to match architecture. Lighting: Externally illuminated or shielded down light placed in structure. C. Commercial Tenant Signage. Each individual commercial tenant shall be allowed a maximum of 16 square feet of signage. Internally illuminated "canned" signs shall not be allowed. Multiple tenant signs on each individual building must match in material, design/font style and color. Signs must match the architecture of the buildings. A directory sign identifying the individual businesses within the building. The directory sign shall not exceed 40 square feet in area or 10 feet in height. Individual window signs will not be allowed. Commercial or advertising signs facing or visible from Highway 6 will not be allowed for buildings situated on Lots 1 and 2. This includes real estate advertising signs. Temporary signs along Highway 6 for garage sales or announcements must be removed promptly when no longer needed, or no longer than three days past the conclusion of the event. A comprehensive sign program for the buildings on Lot 2 may be developed and reviewed in accordance with the Site Development Plan approval process. D. Other Signage Including Directional Signage Location: Throughout site as required for life-safety, direction, usage and for boundary delineation. Maximum Size: 16 square feet or as is required by code, Features: Colors and style to be consistent throughout each individual site. 10 E. Construction Signs Each lot shall be allowed one construction sign not to exceed 32 square feet in area. The construction sign may include the name of the building, a graphic representation of the building and a list of involved entities. Section 1.11: Architectural Standards. Each building on the property is intended to use forms and materials to produce a sense of an integrated, mixed use community. Fox Hollow will establish design standards and guidelines so any structures added to the project will be compatible with the Architectural Guidelines of the initial buildings. Continuity is of utmost importance to the overall design philosophy of the Fox Hollow P.U.D. The purpose of the Design Guidelines is not to create look-alike structures or to suggest that they all have to have the same colors and materials, but to create a design approach that maintains continuity and a sense of place through the use of common themes and ranges of natural colors and materials. 1. Materials and Colors All building materials and colors including roofs shall be in a range to reflect the natural landscape of the site and the hillside backdrop to the South of the site. The color standards are intended to be muted, earth-toned colors with light to middle range color values of the native landscape found upon this site. Materials will be selected for environmental sensitivity to the site. Occasionally, accent colors may be used with restraint. No highly reflective surfaces, other than glass, will be used on exterior surfaces, including roofs. Bright finish colors are prohibited. 2. Foundations All exterior wall materials will continue to finished grade, thereby eliminating unfinished foundation walls. 3. Decks, Patios, Courtyards All decks, patios, and courtyards will be designed as part of the architecture of the buildings, so they are integrated into the overall design. Site walls and accessory site structures shall be compatible with the main structure upon the site. See further restrictions on the size and locations of decks in paragraphs of this Planned Unit Development Guide that specifically address each Lot and Tract. 4. Liohtino All outdoor lighting shall be carefully reviewed to insure that neighboring properties are protected from the view of bright light sources. Illumination necessary for nighttime activities must be directed downwards. All non-security lighting will be turned off at 11 :00 p.m. except during special events that may run 11 later into the evening. Timed motion detection lights may be used for security purposes. 5. Pavino It is a goal of the Fox Hollow P.U.D. to limit the impervious cover of the ground to the area necessary for the needs of adequate access and parking, Excessive area of pavement is discouraged. 6. Hazardous Materials Any business that uses or stores Hazardous Substances on site shall prepare a Hazardous Substance Management Plan and shall submit plan to the Eaole River Fire District and the Fox Hollow Property Owners Association. Each Hazardous Substance Management Plan shall detail the type and amount of hazardous substance, where the substances are stored, what actions shall be taken in the event of a spill, what waste materials are created and the method of disposal of these waste materials. A record of these plans shall be maintained by the Property Owners Association and be available to the public for review. Section 2.0: Fox Hollow - Lot 1. Section 2.01: Intent. Lot 1 is the area in which a small commercial building is located. Section 2.02: Permitted Uses. All existing uses. Commercial uses as listed on Attachment 3, including but not limited to veterinary clinic, office, limited retail, and storage. Parking and roads. Utility and irrigation distribution lines, facilities, ditches, diversions, water storage, treatment, structures, fencing, enclosures and other related improvements. Temporary uses relating to construction activity (i.e. job trailer) Section 2.03: Development Standards. All existing improvements may remain, be maintained, modified, replaced and/or repaired. Total Floor Area Ratio: 15% 12 Total Impervious Coverage Ratio: 45% Setbacks shall be: Front (Moser Place) 15 feet Front (Highway 6) 40 feet Side (East) 15 feet Side (Lot 4) 15 feet Building Height: 27 feet * Decks: No decks are permitted on this lot** * Building height referenced throughout this P.U.D. Guide shall be defined pursuant to the ECLUR, Section 2.05.12. ** This limitation on the construction of a deck does not include the planned covered porch on the south side of the building Section 3.0: Fox Hollow - Lot 2 Section 3.01: Intent. Lot 2 is the area in which the major commercial component of the development will be located. Section 3.02: Permitted Uses. All existing uses Commercial Uses. - As listed in Attachment 3, including but not limited to: - Non-profit Resource Center - Sole proprietor professional business - Educational uses, such as ESL classes - Bilingual professional offices - Tailor - Laundromat - Arts/crafts studios - Beauty Shop - Photo Studio - Shoe Repair Parking and roads. Utility and irrigation distribution lines, facilities, ditches, diversions, water storage, treatment, structures, fencing, enclosures and other related improvements. Temporary uses relating to construction activity (i.e. job trailer). 13 Section 3.03 Development Standards. All existing improvements may remain, be maintained, modified, replaced and/or repaired. Total Floor Area 30% Total Impervious Coverage Ratio 55% Setbacks shall be: Front (Highway 6) 50 feet Front (Moser Place) 25 feet Side (Lot 3) 12.5 feet Side (west) 12.5 feet Building Height: 27 feet Decks: Decks are permitted on this lot either through the Site Development Plan or through a Special Use Permit. Further Approval: Prior to submitting an application for a building permit on Lot 2, a Site Development Plan must be reviewed and approved by Eagle County. The Site Development Plan shall be final approval of general building location and design, parking and circulation plan and landscape plan. Site Development Plan Review shall be conducted at a public hearing before the Planning Commission and Board of County Commissioners. Section 4.0: Fox Hollow - Lot 3 Section 4.01: Intent. Lot 3 is the area in which a live/work or multi-family residential component of the development will be located. Section 4.02: Permitted Uses. All existing uses Residential multi-family (A maximum of 8 dwelling units are allowed) Home Businesses as defined in the Eagle County Land Use Regulations to be located on the first floor only) Parking and roads. 14 Utility and irrigation distribution lines, facilities, ditches, diversions, water storage, treatment, structures, fencing, enclosures and other related improvements. Temporary uses relating to construction activity (i.e. job trailer). Section 4.03: Development Standards. All existing improvements may remain, be maintained, modified, replaced and/or repaired. Total Floor Area Ratio: 40% Total Impervious Coverage Ratio: 55% Setbacks: Front (Murray Road) 10 feet Rear (Lot 2) 12.5 feet Side (Tract B) 20 feet Side (VVest) 20 feet Building Height: 30 feet Decks: 12 foot rear decks are permitted. Further Approval: Prior to submitting an application for a building permit on Lot 3, a Site Development Plan shall be reviewed and approved by Eagle County. The Site Development Plan shall be final approval of general building location and design, parking and circulation plan and landscape plan. Site Development Plan Review shall be conducted at a public hearing before the Planning Commission and Board of County Commissioners. Subdivision: Buildings may be further subdivided provided that both upstairs and downstairs of any building are not sold separately. Lighting: Residential Lighting Standards shall apply for this Lot. Section 5.0 Tract B - Multi-Use Open Space Section 5.01: Intent. Tract B is the area designated as open space for the benefit of all of the property owners within Fox Hollow. 15 Section 5.02: Permitted Uses: Recreation Outdoor celebrations/events Weekend vending fairs * * Any weekend vending fair or outdoor events must be approved in writing by the Fox Hollow Property Owners Association. Section 5.03: Development Standards No enclosed facilities are permitted on this parcel. Further Approval: Prior to submitting an application for a grading permit on Tract B, a Site Development Plan shall be reviewed and approved by Eagle County. The Site Development Plan shall be final approval landscape and recreation plan. Site Development Plan Review shall be conducted at a public hearing before the Planning Commission and Board of County Commissioners. Commercial Lighting Standards shall apply for this Tract. Section 6.0 Fox Hollow - Lot 4 Section 6.01: Intent. Lot 4 is the area in which a building that includes commercial on the first floor and live/work space on the second floor. Section 6.02: Permitted Uses. All existing uses and improvements. First Floor: Commercial uses listed on Attachment 3, including but not limited to: - Retail pet services - Pet training facilities - Pet grooming facilities Second Floor: Live/work residential. Work space is limited to professional office space. A maximum of 2 dwelling units are allowed. Parking and roads. Utility and irrigation distribution lines, facilities, ditches, diversions, water storage, treatment, structures, fencing, enclosures and other related improvements. 16 Temporary uses relating to construction activity (i.e. job trailer). Residential units intended to be used as employee housing for the neighboring veterinary clinic, and related pet services facilities. Section 6.03: Development Standards. All existing improvements may remain, be maintained, modified, replaced and/or repaired. Total Floor Area Ratio: 30% Total Impervious Coverage Ratio: 70% Setbacks: Front (Moser Place) 25 feet Side (Murrav Road) 10 feet Side (East) 12.5 feet Side (Lot 1) 10 feet Building Height: 30 feet Decks: No decks are permitted. Section 7.0 Fox Hollow - Tract A Section 7.01: Intent. Tract A is the area in which the clustered affordable housing and market rate duplex development will be located. Section 7.02: Permitted Uses. Residential, duplex, triplex and fourplex buildings - maximum of 16 dwelling units. All existing uses and improvements. Parking, roads and pedestrian circulation. Utility and irrigation distribution lines, facilities, ditches, diversions, water storage, treatment, structures, fencing, enclosures and other related improvements. Temporary uses relating to construction activity (i.e. job trailer). Wireless internet antenna Recreation 17 Section 7.03: Development Standards. All existing improvements may remain, be maintained, modified, replaced and/or repaired. Minimum Lot Size: 2,000 square feet Total Floor Area: 1 ,600 s. f. per dwelling unit Total Impervious Coverage Ratio of Tract B: 60% Perimeter Tract Boundary Setbacks shall be: Front (Murray Road) 15 feet Side (Edwards Design & Craft Center) 25 feet Side (West) 15 feet Rear (South) 20 feet Building Spacing: Each Duplex Building must be located a minimum of 10 feet away from any other building. Building Height: 27 feet Decks are permitted within building envelopes shown on the Final Plat 18 ,...,. . P:\1300-1399\1332\dwg\1332-S1TE,dwg, C.PLsi40, 3/31/20068:23:51 AM, Romeo ,. ~........ I ~ I .... .... I ~ .... .... I ~ I .... .... I ~ .... .... I ~ I .... .... I ~, I I .... I I "" I . } Q ~ :<l r~ . ?;j "Ill ~ a Ul ~ . () ? ~ j , I O"l)A;)OO - 02-22- CCUPU:1IHESS REW:W RAIl >h~t1~ FOX HOLLOW & EDWARDS DESIGN AND CRAFT CENTER 0 r.1g~~~ OJ-2a-O ffiElUIlARy PUll RAB (f) PLANNED UNIT DEVELOPMENT :r: -0 m 0"""..0 EDWARDS, EAGLE COUNlY, COLORADO m '" m NOT FOR NSTRUCTION I ;i. r -i N "' - bl:::~;:!~ DEVELOPMENT PLAN (J\Nt"m NO. DAlE RE\1S1ON BY ATTACHMENT 2 Fox Hollow Recommended Plant List The list provided below is not all-inclusive nor does inclusoin of a plant guarantee survival. Specific site constraints and conditions, such as orientatoin, earth forms, soils, and structures on the site should be carefuly considered in plant selection. - Water demands are noted by these ratings following the Common Name: * Moderate Water use (14"/season) ** Low Water Use (S"/season) *** Very Low Water Use (4"fseason) Evergreen Trees minimum planting height 6 feet Common Name Botanical Name Selection/Planting Tips Engleman Spruce * Picea eng/emanni Slow Growing, hardy. Not Drought tolerant Colorado Blue Spruce * Picea pungens Not for extremely dry locations. Not Drought tolerant. Bristlecone Pine ** Pinus aristata Pines need well drained soils. Pinyon Pine *** Pinus edulis Very lowwater use. Ponderosa Pine ** Pinus ponderosa scopu/orum Drought & fire resistant ornamental. ( Rocky Mountain Juniper ** juniperous scopu/orum & var. Available in native form or a wide selection of varieties offering different size, shape and foliage colors. Deciduous Trees minimum planting size 2 inch caliper Common Name Botanical Name Selection/Planting Tips Tartarian Maple * Acer tartaricum Fairly drought tolerant, and less susceptible to chlorosis than Amur Maple. Box Elder * Acer negundo There are other more desirable landscape trees, but may be useful in difficult growing conditions. Rocky Moutain Maple ** Acer g/abrum In protected locations with adequate deep soil moisture. European Birch varieties * Betu/a pendu/a & var. Use where soils stay moist in top 18". Not recommended for southern aspects. Western Hackberry ** Celtis occidentalis low water use, Ornamental. Fox Hollow Recommended Plants 1 Green Ash ** Fraxinus pennsylvanica Avoid dry southern exposures. lanceolata Thornless Honeylocust Gleditsia triacanthos inermis. Survival of young trees may be Varieties: Shademaster, questionable in exposed situations. - Skyline, Imperial * Protect bark for first two years. Native Chokecherry *** Prunus virginiana Hardy to at least 8,500', Sm,all tree or m?lanocarpa large multi-trunked shrub. White Poplar * Populus alba Native, Best with moist soils. Will show stress of drought conditions. Quaking Aspen * Populus tremuloides Groupe+G102d plantings only. Requires moderate water use and moist soils. Bur Oak *** Uercus macrocarpa Fast growing, glossy green, white leaves. Low water use once established Shubert Chokecherry *** Prunus virginiana shubert Small tree or large multi-trunk shrub. European Mountaih Ash * Sorbus aucuparia Survival of young trees may be questionable in exposed situations. Hardy to at least 7,500'. Evergreen Shrubs minimum planting size: 5 gallon Common Name Botanical Name Selection/Planting Tips Pfitzer Juniper *** Juniperous chinensis Fast growing,. hardy, low water use.. Chinese Juniper Juniperous chinensis var. Fast growing, hardy, low water use. varieties *** Prostrata Juniper Juniperous hor;zontalis var. Snow cover may be desirable for winter varieties *** hardiness: Fast growing, hardy, low water use. Tammy Juniper *** Juniperous sabine Fast growing, hardy, low water use. tammarfscifofia Big Sagebrush *** Artemisia tridentate Native, Hardy to 9,500'. Extremely drought tolerante once established, and attractive to wildlife. Creeping Grape Holly ** Mahonia repens Native, low creeping evergreen. Best used with dark mountain soils. Drought tolerant. Mugho Pine ** Pinus mugo mugus Slow growing, small tree or large shrub. Fox Hollow Recommended Plants 2 Deciduous Shrubs minimum planting size: 5 gallon Common Name Botanical Name Selection/Planting Tip~ - Serviceberry *** Ame/anchier Plant up to 10,000', Attractive to wildlife. Japanese Barberry Berberis thunbergi var. Susceptible to winter burn. varieties ** Siberian Peashrub ** Caragana arborescens Tolerates dry sites well. Yellow, sweet, pea like flowers in early summer. Cinqufoil* Potentilla fruitcose and var. Hardy to 11,000'. Winged Euonymus* Euonymus a!atus Hardiness may be questionable in exposed situations. Wi ntercreeper Euonymus vegetus Need good mulch or snow cover to Euonymus* .C%ratus" insure winter hardiness, Forsythia Forsythia fntermedfa Early bloomer, needs pruning. Moist soils. Rubber Rabbitbrush *** Chrysothamnus nauseosus Hardy to 10,000', Attracts butterflies and wildlife. Bearberry Honeysuckle * Lonicera invo/ucrate Hardiness to 10,000'. Native in moist soils. Oregon Grape Holly ** Mahonia aquifofium Hardiness may be questionable in exposed situations. Potentilla varieties ** Potentilla var. Hardy to 10,000'. Chokecherry* Prunus mefonocarpa Hardy to 9,000'. Moist locations only. Western Sand Cherry** Prunus bessey! Native. Hardy to 8,500'. Attract[ve to birds, Woods rose ** Rosa woode{{ Native, Hardy to 10,500'. Attractive to birds. Staghorn Sumac * Rhus typhina Native. Often more shrublike at higher elevations. Likes dry slopes. Western or Alpine Ribes fnerme or alpinum Native. Hardy to 10,000'. Attracts birds. Currant ** Peking Cotoneaster *** Cotoneaster acutifolia Hardy above 10,000'. Tolerates dry, rocky sites. Fox Hollow Recommended Plants 3 Boulder raspberry * Rubus delfclosus Native. Hardy to 9,000', Shade tolerant. Redberried Elder Sambucus pubens Native. Hardy to 12,000'. Needs moist soils. - Vanhoutte Spirea* Spiraea vanhouttef Native. Probably hardy to 9,000' but may suffer some winter kill. Snowberry * Symphoricarpos albus Shade tolerant. Hardy to 8,500', faevfgatus Attracts birds and small mammals. Antelope Brush ** Purshia tridentate Native, Hardy to 9,000', Good for rocky south slopes. Late Lilac (& var.)* Syringa viflosa Native. Among last to bloom of lilacs (July in high elevations). Wayfaringtree viburnum* Viburnum lantana Hardy to 8,000', Gray-green foliage. European Cranberrybush* Viburnum opulus Best with supplied water. Hardy to 10,000', Ground Covers Common Name Botanical Name Selection/Planting Tips Carpet Bugle ** Ajuga reptans Fast growing. Low water use. Snow on the Mountain * Aegopodium variegatum Most ground covers will require snow cover or mulch to insure winter hardiness. Snow-In-Summer *** Cerastium tomentosum Perrennia!, spreading dense, tufty mats of silvery-gray leaves, white fIoewrs. Kinnikinnick ** Arctostaphylos uva-ursi Leathery brown ground cover. Wintercreeper Euonymus vegetus Evergreen ground cover. Euonymus * "Coloratus" Mint ** Mentha spicata Low water use once established. Golden Carpet Sedum acre "Utah" Low water use once established. Good Stonecrop *** for rock gardens. Orange Sedum *** Sedum kamtschatfcum Low water use once established. Two-Row Stonecro *** Sedum spuriam Low water use once established. White Clover * Trifolium repens Sunny locations. Takes light foot traffic. Fox Hollow Recommended Plants 4 Lawn Grasses Common Name Botanical Name SelectionfPlanting Tips - Kentucky Bluegrass Poa pretensis High water use, in most fescue mixes. (Improved Disease Likes moist soils, Resistant Varieties only) Park Kentucky Bluegrass Poa pratensfs "Park" High water use. Likes moist fertile soils. (Improved Disease Resistant Varieties only) Red Fescue Festuca rubra & var. Not for high traffic areas. Cool season grass. Medium to clay soils. Buffalograss ** Buchioe Dactylofdes Low water use. Medium to fine texture soils. Can combine with cool season types. Blue Grama ** Boute/oua gracms Low water use. Medium to fine texture soils. Can combine with cool season types. Fox Hollow Recommended Plants 5 A TT ACHMENT 3 l t I FOX HOLL.:bfV COMMERCIAL USE SCHEDULE: R = Use By Right; L = Allowed by Limited Review: S = Allowed by Special Review; Retail Uses, Restaurants, Personal Services and Offices Appliance Sales R Appliance Service or Repair L Art Gallery R Bank L Barber or Beauty Shop R Book, Music or Video Store R Clothing or Dry Goods Store R Computer Sales Store R Computer Service R Open Air Market R Feed Store R Food or Beverage Store or Bakery R Furniture Store R Hardware Store R Kennel L Laundromat R Laundry or Dry Cleaning Pick-Up Station R Medical or Dental Clinic, including acupuncture R Office, Business or Professional R Pharmacy R Photography Studio R Print Shop or Publishing R Private Club R Reading Room R Restaurant - limited to 3,000 sf; sole proprietor R Shoe Repair R Studio for Conduct of Arts and Crafts R Tailor Shop R Veterinary Hospital R Industrial, Service-Commercial and Wholesale Uses Telecommunication Facilities S Wireless Internet Telecommunication Facility L Residential Uses, Home Uses and Accommodations Day Care Center L Dwelling Units R Nursing or Convalescent Home S Public Facilities, Utilities and Institutional Uses Community or Public Administration Building R Educational Facility R Fraternal Lodge R Open space or Greenbelt R Park and outdoor Recreation/Recreation Facilities R Temporary Uses Temporary Building or Use L Uses 1 10/19/2005 Attachment 2 cont. L. Allowed by Limited Review - Uses that are allowed, subject to limited review. The Eagle County Community Development Director shall verify that development of the use complies with all of the standards and requirements of the Eagle County Land Use regulations pursuant to Section 5 - 2100, Certificate of Zoning Compliance and section 5 - 300, Limited Review Use. S. Allowed by Special Review - Use(s) that are allowed, subjectto Special Use Permit. The planning Commission shall make a recommendation and the board of County Commissioners shall conduct a public hearing to determine whether the special use complies with all of the standards and requirements of the Eagle County Land Use regulations pursuant to Section 5 - 250, Special Uses. Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - I~ APPROVAL OF THE FOX HOLLOW PUD PRELIMINARY PLAN FILE NO. PDP-00030 WHEREAS, on or about February 28th, 2005, the County of Eagle, State of Colorado, accepted for filing an application submitted by Evelyn Pinney and Robert Levine (hereinafter "Applicants") for approval of a Planned Unit Development Preliminary Plan for the Fox Hollow Planned Unit Development, File Nos. PDP-00030; and, WHEREAS, the Applicants requested the approval of a PUD Preliminary Plan which would allow the creation of a mixed use PUD which is comprised of a maximum 26 residences consisting of eight (8) duplexes, two (2) four-plexes, two employee housing units (above commercial space) and approximately 21,000 sq feet of neighborhood commercial space; and, WHEREAS, the development is proposed to built on 4.53 acres in west Edwards; and, WHEREAS, Fox Hollow is situated on two of the three lots and parcels which formally comprised a subdivision known as the Woodland Hills Planned Unit Development (see attached Exhibit 'A')' and , , WHEREAS, notice of the PUD Preliminary Plan were given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and, WHEREAS, at its public hearing(s) held May 18th, 2005 the Eagle County Planning Commission, based upon its findings, recommended approval with conditions, of the proposed PUD Preliminary Plan; and, Page 1 of 7 WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on June 14th, 2005 to consider this PUD Preliminary Plan application; and, WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Preliminary and Preliminary Plan for PUD: (1) Unified ownership or control. The title to all land that is part of this PUD IS owned or controlled by one (1) person and/or entity. (2) Uses. The uses that may be developed in the PUD ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule". The residential uses ARE uses allowed in the currently governing Woodland Hills PUD; however, the commercial uses ARE NOT currently permitted in the underlying zone district. This finding HAS BEEN found positive with the approval of the requested Variations by the Board of County Commissioners. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE NOT those specified in the existing Planned Unit Development Guide for these properties; the proposed Variations are actually more restrictive. This finding HAS been found positive with the approval of the requested Variations by the Board of County Commissioners, (4) Off-Street Parking and Loading. Given the Preliminary Plan level detail of the development plan, it is likely that the applicants HA VE demonstrated that there will be sufficient off-street parking and loading for this PUD. (5) Landscaping. It HAS been demonstrated that landscaping and illumination standards provided in the PUD will comply with the standards of Article 4, Division 2, Landscaping and Illumination Standard. Page 2 of 7 (6) Signs. The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. The PUD guide properly references that signs shall be as allowed pursuant to the Eagle County Land Use Regulations in addition to providing specific signage requirements. (7) Adequate Facilities. The applicant HAS demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. It HAS been demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage (9) Compatibility with Surrounding Land Uses. The development proposed for the PUD IS compatible with the character of surrounding land uses. (10) Consistent with Master Plan. The proposed Preliminary Plan IS consistent with the majority of applicable purposes, goals, objectives and policies of applicable master plans. (11) Phasing. A phasing plan IS necessary for this development, and HAS been adequately addressed for this Preliminary Plan. (12) Common Recreation and Open Space. The PUD HAS been demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. (13) Natural Resource Protection. The PUD DOES demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered. Page 3 of 7 3. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: (1) Consistency with Master Plan. The proposed Preliminary Plan IS consistent with the majority of applicable purposes, goals, objectives and policies of applicable master plans. (2) Consistency with Land Use Regulations. The Applicant HAS fully demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. (3) Spatial Pattern Shalf Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines WILL be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions: The entire range of necessary facilities CAN be provided, rather than incrementally extending a single service into an otherwise un-served area. (4) Suitability for Development. The property proposed to be subdivided IS suitable for development. (5) Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. 4. Other. Requirements for a Zone Change In this instance, the subject property is already zoned 'PUD', albeit for 76 residential units. If Preliminary Plan approval is granted for the current request, a zone change will not be required since the property will remain zoned 'PUD' thus, Page 4 of 7 the findings pursuant to Eagle County Land Use Regulations Section 5-230.D., Standards, for amendment to the Official Zone District Map are not applicable. HOUSING GUIDELINES. - On Aprill3, 2004, the Board of County Commissioners approved Resolution No. 2004-048 adopting Housing Guidelines to establish a frameworkfor discussion and negotiation of applicable housing criteria. The Fox Hollow PUD features five (5) of eight (8) proposed duplexes to be built by Habitat for Humanity, the potential for live/work units, and at least two (2) employee housing units. Habitat for Humanity builds housing for very low-income families living in the community. Based on the current proposal, the Housing Department has stated that this development would require between 3-5 housing units. With ten (10) Habitat for Humanity units, and two (2) employee units, the requirement for the provision of affordable housing has been satisfied NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the PUD Preliminary Plan for the Fox Hollow PUD File No. PDP-00030 be and is hereby approved with the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. All buildings shall utilize finish materials and colors designed to "blend" in with the surrounding landscape, prohibiting bright finish colors. 3. The applicant must first receive either a temporary construction access permit or a highway access permit (issued from CDOT) prior to the issuance of a grading permit or the approval of the Edwards Design and Craft Center PUD Final Plat. 4. A site specific parking plan, landscaping plan and circulation plan shall be developed and submitted as part of the Site Specific Development Plan applications for Lots 2 and 3. 5. An easement for the proposed rockfall mitigation trench must be created and placed on the Fox Hollow PUD Final Plat. Any potential rockfall hazard areas should also be delineated, with restrictions on what types of uses are permitted in this area. e.g, - passive recreational activities and/or accessories, including but not limited to: Horse shoe pits; barbeque pits; community gardens; etc. 6. Soils Analyses are required at building permit for each building site in order to obtain site-specific information regarding soil engineering properties. Page 5 of 7 7. To avoid confusion for emergency response agencies, the proposed naming of the east-west interconnect 'Moser Lane' must be renamed. Although spelled slightly different, 'Mosher Lane' currently exists in Eagle County. The new road name should be approved through the Community Development Department prior to Pinal Plat application. 8. A Dust Suppression Plan must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall be kept onsite and implemented at all times during construction. The plan must identify who can be contacted immediately to abate dust issues at all times. 9. A Storm Water Management Plan (SWMP) must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall include several specific pieces of information as stated in the Environmental Health memo dated April 29th, 2005. 10. Any Hazardous Substance Management Plans (ASMP), or related documents must be available to the public upon request. 11. Pursuant to the cas memo dated April 26th, 2005 a plat note should be added to the Pox Hollow PUD Pinal Plat which states (something to the effect of), "This property may be subject to future geotechnical hazards such as subsidence and sinkholes. " 12. In order to mitigate such impacts as noise and odors in the mixed use buildings, all residential/commercial buildings which permit uses prone to constant or above average noise levels, or that use hazardous and/or malodorous chemicals must install mitigation controls when the buildings are constructed. 13. Applicant must provide final parking plans for Tract A and Lots 1 and 4 prior to Pinal Plat. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Preliminary Plan submitted under this application and hereby approved, does not constitute a "site specific development plan" as that phrase is defined and used in C.R.S. Section 24-68-101, et seq. Page 6 of 7 THAT the Board further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this ~ay of ~ , 2005, nunc pro tunc to the 14th day of June, 2005, COUNTY OF EAGLE, STATE OF COLORADO, By and ,,j:~~lNts BOARD OF Y COMMISSIONERS ATTEST: !' ,:,' /~~~q,;.' ~" d\"} ;:; {,'" 1 \t\ ~ ~ tlf \ #{ BY: ~). . t~~\ ,~;;!);~ . T ak J S' < #, .,0 J e . Iffionton "..';;:-:iOflf>~'" Clerk to the Board of '"'W"'" County Commissioners BY: Peter F. Runyon, BY: Tom C, Stone, Commissioner Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi ~ Commissioner Peter F. Runyon Commissioner Tom C. Stone ~ This Resolution passed by t) (;;L.. vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 7 of7 _ . iI ~ ."." --&0 .,,~>< m c3J: >< "'D -. 0 :T . ... - -. Q-- C" Q Q) 0 -. Q~ ~ ~ ~."." ~ -c: ~c ........ West Edwards ............... I __ 500 0 500 1000 1500 Feet S't PI LEGEND I I e an /'V Road Edgelines Lot 1- Veterinary Clinic _ Building Footprints Lot 2- Commercial/Office D... Parcels Lot 3- Four-plexes with Home Business ..... ,. Lot 4- Employee Residential/Commercial OJ''l!': USEOFTHlSMAPSHOUlOBEFOR Tract A- Habitat for Humanity GENERAL AND INFQRW. TIONAL PURPOSES . . .' ONLY EAGLE courm OOES NOT Tract B- Multl.use Open Space ~'11. ~=T1~E~:r~~6~~~ Tract C- Private Road EAGLE COUNfY .